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HomeMy WebLinkAbout11-9000SHERIFF'S OFFICE OF CUMBERLAND BOUNTY Ronny FZiAnderson Sheriff Jody S Smith Chief Deputy :' - 1'NI p R p HONQ T'A. 2011 DEC 28 pH 12; 41 Richard W Stewart Solicitor OFF . c ? TH -- - - . FF CUMBERLAND COUNTY PENNSYLVANIA Rosalind & William Jones Case Number vs. Michael Conroy (et al.) 2011-9000 SHERIFF'S RETURN OF SERVICE 12/12/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Michael Conroy t/a Alpha Home Inspections, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Complaint and Notice according to law. 12/12/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Zachary Conroy, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Complaint and Notice according to law. 12/13/2011 12:40 PM - Perry County Return: And now December 13, 2011 at 1240 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michael Conroy t/a Alpha Home Inspections by making known unto himself personally, at 201 Faculty Road, Duncannon, Pennsylvania 17020 its content: and at the same time handing to him personally the said true and correct copy of the same. 12/14/2011 Perry County Return: And now, December 14, 2011 I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Zachary Conroy the defendant named in the within Complaint and Notice and that I am unable to find him in the County of Perry and therefore return same NOT FOUND. Request for service at 201 Faculty Road, Duncannon, Pennsylvania 17020 the Defendant was not found. Deputies were advised, Zachary Conroy is currently incarcerated at SCI Camp Hill. 12/19/2011 10:44 AM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on December 19, 2011 at 1044 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Zachary Conroy, by making known unto himself personally, at SCI Camp Hill, 2500 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same UTSH EPUTY SHERIFF COST: $84.00 December 21, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF joj CouniySuite Sheriff, Tel2osot. Inc. SHERIFF'S RETURN In the Court of Common Pleas Of the 41st Judicial District of Pennsylvania- Perry County Branch No. 2011-9000 Cumberland Co. Rosalind & William Jones VS Zachary Conroy 201 Faculty Road Duncannon, PA 17020 Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a diligent search and inquiry for the within named Defendant(s) to wit Zachary Conroy, but was unable to locate him/her in his bailiwick. He therefore returns the within Complaint for the above named Defendant(s) Zachary Conroy at 201 Faculty Road, Duncannon, PA 17020. NOT FOUND. DEFENDANT IS CURRENTLY IN SCI CAMP HILL- INMATE # KG5519. Sincerely, Sworn and subscribed to before me this /?Oday of, a ys kw, 2011. Carl E. Nace Sheriff of Perry County COMMr. ,JOY ZERANCE, NOTARY PUBLIC NEW SLOOMFIELD BORO., PERRY COUNTY MY COMttMIS'S ON EXPIRES MARCH 6, 2014 Rosalind & William Jones Versus Zachary Conroy & Michael IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH Conroy t/a Alpha Home Inspection No. 2011-9000 Cumberland Co. SHERIFF'S RE'T'URN And now December 13 , 2011 : Served the within name Michael Conroy the defendant(s) named herin, personally at his place of residence in Penn Twp- 201 Faculty Road, Duncannon, Perry County, PA, on December 13, 2011 at 12:40 o'clock PM by handing to Michael Conroy, defendant copy(ies) of the within Complaint and made known to him the contents thereof Sworn and subscribed to before me this day of 01 / /17-70 - -6-1 IL M `.iONWEALTH OF PENNSYLP?? ?IOCIOtary NOTARIAL SEAL 1OY S. ZERANCE, NOTARY PUBLIC ;f 0i ;?i_OONIFIELD BORO., PERRY COUNTY ,to!ki13SION EXPIRES MARCH 6, 2014 1 true and attested So answers Or? 1 5- Deputy Sheriff of Perry County Michael R. Conroy 201 Faculty Road Duncannon, PA 17020 _'JL p QEf ICE p NE PROTHONOTARY 2011 DEC 29 PM 1: ' GU pENNSYl,V4 1A TY ROSALIND & WILLIAM JONES Plaintiffs, V. ZACHARY CONROY, MICHAEL CONROY, t/a, ALPHA HOME INSPECTIONS, Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET NO. 11-9000 DEFENDANT MICHAEL CONROY'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Michael Conroy 201 Faculty Road Duncannon, PA 17020 Thomas E. Brenner, Esquire P. O. Box 1268 Harrisburg, PA 17108-1268 ROSALIND & WILLIAM JONES Plaintiffs, V. ZACHARY CONROY, MICHAEL CONROY, t/a, ALPHA HOME INSPECTIONS, Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET NO. 11-9000 NOTICE TO PLEAD TO: Rosalind & William Jones, Plaintiffs You are hereby notified to file a written response to the enclosed preliminary objections within twenty (20) days of the service hereof or judgment may be entered against you. Michael R. Conroy - Defen nt 201 Faculty Road Duncannon, PA 17020 717-919-0542 ROSALIND & WILLIAM JONES Plaintiffs, V. ZACHARY CONROY, MICHAEL CONROY, t/a, ALPHA HOME INSPECTIONS, Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET NO. 11-9000 DEFENDANT MICHAEL CONROY'S PRELIMINARY OBJECTIONS TO PLAINTIFFS' COMPLAINT Defendant, MICHAEL CONROY, preliminarily objects to Plaintiffs Complaint pursuant to Pa. R.C.P. No. 1028 and in support thereof states the following: 1. Plaintiff initiated this action by filing a Complaint on December 5, 2011. 2. Plaintiff's claim is an attempt to secure payment for alleged losses of jewelry that they allege is caused by various actions of the defendants. 1. INSUFFICIENT SPECIFICITY IN A PLEADING 3. Defendant incorporates by reference the averments of Paragraphs 1 and 2 of these Preliminary Objections as if they were fully pleaded herein. 4. Paragraph 6 of Plaintiffs' complaint states that Defendant Conroy stole jewelry belonging to the Plaintiffs. Since there are two defendant Conroys, the Plaintiffs have failed to specify which Conroy may be involved making it impossible to plead to this averment. 5. Paragraph 7 of Plaintiffs' complaint again refers to Defendant Conroy and is unspecific as to which one may be involved. Since there are two defendant Conroys, the Plaintiffs have failed to specify which Conroy may be involved making it impossible to plead to this averment. 6. Paragraph 7 of Plaintiffs' complaint states that the value of the alleged stolen jewelry amounts to $4835.00. Plaintiffs' complaint is unspecific as to what jewelry may have been taken. Defendant cannot plead to this averment without a list or inventory of what jewelry may be missing. 7. Paragraph 14 of Plaintiffs' complaint refers to a loss that the Plaintiffs may have incurred, but is unspecific as to what that loss may be. Defendant cannot plead to this averment without being provided information relating to the loss. WHEREFORE, Defendant Michael Conroy requests this Honorable Court grant the Preliminary Objection and dismiss Plaintiff's Complaint against him. II. FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT 8. Defendant incorporates by reference the averments of Paragraphs 1 and 7 of these Preliminary Objections as if they were fully pleaded herein. 9. Paragraph 5 of Plaintiffs' complaint alleges that Defendant Zachary Conroy was employed by Alpha Home Inspections. There is no proof that Alpha Home Inspections was making any inspection at the home of the Plaintiffs on the date in question because there is no writing attached to the complaint which indicates that an inspection was done which is in violation of Pa. R. C. P. Rule 1019(h) or 1019(i). If Defendant Zachary Conroy was employed by Alpha Home Inspections, it may be a moot point if no inspections was done at the home of the Plaintiffs. Additionally, no excuse is offered as to why the agreement or writing is not attached. 10. Paragraph 7 of Plaintiffs' complaint states, inter alia, that Defendant Conroy acknowledged that he had stole the jewelry and has been prosecuted criminally for this action. If the aforementioned is true, there is certainly a writing that would indicate that there was an admission to this alleged offense. This allegation is in violation of Pa. R. C. P. Rule 1019(i) which requires that a writing be attached when any claim is based upon a writing. If, in fact, there was an admission, it would certainly be in writing. 11. At various places throughout the Plaintiffs' complaint, $4835.00 is pleaded as the value of the loss of various jewelry. Plaintiffs have failed to allege that either of them is an appraiser or jeweler and absent that, a writing of appraisement or submission receipts for the value of the jewelry must be provided per Pa. R. C. P. Rule 1019(i). 12. Paragraph 10 & 11 of Plaintiffs complaint it is averred that Defendant Zachary Conroy did commit theft by taking jewelry and he has acknowledged that the took the jewelry. If the aforementioned were so, Plaintiffs have failed to provide any written admission or acknowledgement consistent with the allegations they have made. Plaintiffs have not stated a reason for their failure to do same. 13. Plaintiff's complaint does not comply in the prayer of relief under Count I does not comply with Pa. R. C. P.. 1021(c) in that it fails to state that the amount pleaded is within limits for compulsory arbitration. WHEREFORE, Defendant Michael Conroy requests this Honorable Court grant the Preliminary Objection and dismiss Plaintiff's Complaint against him. 111. INCLUSION OF SCANDALOUS OR IMPERTINENT MATTER 14. Defendant incorporates by reference the averments of Paragraphs 1 and 14 of these Preliminary Objections as if they were fully pleaded herein. 15. Paragraphs 6 and 7 of Plaintiffs complaint alleged, inter alia, that Defendant Conroy stole jewelry and that he subsequently acknowledged that he had stolen the jewelry in question. 16. The allegations referenced in Paragraph 15 above are false, tend to impinge on the moral character of Defendant Michael Conroy and are therefore impermissible in that that are scandalous and against the provisions of Pa. R. C. P. 1019(a)(2). WHEREFORE, Defendant Michael Conroy requests this Honorable Court grant the Preliminary Objection and dismiss Plaintiffs Complaint against him. IV. DEMURRER - LEGAL INSUFFICIENCY OF PLEADINGS 17. Defendant incorporates by reference the averments of Paragraphs 1 through 16 as through they were fully pleaded herein 25. Plaintiffs' claim, absent the proper evidence of ownership of any jewelry and proper establishment of the valuation thereto to support their claim is, therefore, legally insufficient to establish a right to relief under any of the Plaintiffs' theories offered. 26. Given the above, Plaintiff's claim fails to state a cause of action for any of their theories under which they seek to recover and relief may be granted pursuant to Pa. R. C. P. 1028(a)(4) by dismissal of this suit. WHEREFORE, Defendant requests this Honorable Court grant the Preliminary Objection by way of demurrer and dismiss Plaintiffs' Complaint against him. Respectfully submitted Michael Conroy - Defe ant 201 Faculty Road Duncannon, PA 17020 717-919-0542 VERIFICATION I, Michael Conroy, the defendant herein, verify that the facts and information set forth in the forgoing Defendant Michael Conroy's Preliminary Objections of Plaintiffs' Complaint are true and correct. I understand that false statements made are subject to the penalties of 18 P.A.C. S. 4904, relating to unsworn falsification to authorities. Michael Conroy - Def dant 201 Faculty Road Duncannon, PA 17020 717-919-0542 December 24, 2011 CERTIFICATE OF SERVICE I, Defendant Michael Conroy certify that I served a true and correct copy of the attached Defendant Michael Conroy's Preliminary Objections of Plaintiffs' Complaint on the Plaintiff by serving their attorney of record on the date indicated below by depositing same in the United States Mail, postage prepaid first class and addressed as follows: Thomas E. Brenner, Esquire P. O. Box 1268 Harrisburg, PA 17108-1268 December 24, 2011 Michael Conroy - D ndant 201 Faculty Road Duncannon, PA 17020 717-919-0542 G .` ME PROTHONOTARY IN THE COURT OF COMMON PLEAS K0,112 ,BAH 1 1 AM 11: 05 OF CUMBERLAND COUNTY, PENNSYLVANI&MBEREANO COUNTY PENNSYLVANIA ROSALIND & WILLIAM JONES, Plaintiffs, VS. ZACHARY CONROY, MICHAEL CONROY, t/a, ALPHA HOME INSPECTIONS, Defendants CIVIL ACTION-LAW NO. 2011-9000 NOTICE TO PLEAD TO: Mr. Michael Conroy t/a Alpha Home Inspections 201 Faculty Road Duncannon, PA 17020 Pro Se Defendant Mr. Zachary Conroy SCI-Camp Hill Inmate No.: KG 5519 PO BOX 200 Camp Hill, PA 17001 Pro Se Defendant You are hereby notified to file a written response to the enclosed Complaint for Declaratory Action within twenty (20) days from service hercofor a default judgment may be entered against you. Date: Aaiaav), - Respectfully submitted, Al ? Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorney for Plaintiff' {00579754;vII Thomas E. Brenner, Esquire Attorney ID No. 32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROSALIND & WILLIAM JONES, Plaintiffs, VS. ZACHARY CONROY, MICHAEL CONROY, t/a, ALPHA HOME INSPECTIONS, Defendants . CIVIL ACTION-LAW NO. 2011-9000 AMENDED COMPLAINT AND NOW, comes Plaintiffs by and through their attorneys, Goldberg Katzman, P.C., who state: 1. Plaintiffs William and Rosalind Jones are adult individuals residing at 5 Emlyn Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Michael Conroy, t/a/, Alpha Home Inspections is an adult individual with an address of 201 Faculty Road, Duncannon, Perry County, Pennsylvania. 3. Defendant Zachary Conroy is an adult individual currently residing at SCI Camp Hill, 2500 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania. 4. This actions arises from theft loss that occurred at the former home of the Plaintiffs at 6321 Stephens Crossing, Mechanicsburg, Pennsylvania, on November 26, 2010. {00579754;vl) 2 Pennsylvania, assisting in a home inspection at the request of the prospective buyers of the Plaintiffs' home. 6. Defendant Zachary Conroy stole jewelry belonging to the Plaintiffs. 7. Defendant Zachary Conroy subsequently acknowledged that he had stolen the jewelry. He has been prosecuted criminally for this action. The value of the stolen jewelry amounts to $4,835.00. A list of the jewelry stone is attached hereto as Exhibit "A." COUNTI Rosalind and William Jones vs. Zachary Conroy 9. The averments of Paragraphs 1-8 are incorporated herein by reference. 10. Defendant Zachary Conroy did commit theft by taking the jewelry owned by the Plaintiffs on November 26, 2010. 11. Defendant Zachary Conroy has acknowledged that he took the aforesaid jewelry. See excerpt from Cumberland County Criminal Docket attached hereto as Exhibit "B." WHEREFORE, Plaintiffs demand judgment against Defendant Zachary Conroy, jointly and severally, in the amount of $4,835.00 together with interest and costs of suit. This is an amount within the limits for compulsory arbitration pursuant to the Local Rules of Court. {005797 54;v I ) COUNT II Rosalind and William Jones vs. Michael Conroy, t/a, Alpha Home Inspections 12. The averments of Paragraphs 1-11 are incorporated herein by reference. 13. At the time and place of aforesaid, Defendant Zachary Conroy was in the scope of employment with Michael Conroy, t/a, Alpha Home Inspections and was present in the Plaintiffs' home with the sole purpose of assisting in a home inspection. 14. Defendant Michael Conroy, t/a, Alpha Home Inspections is therefore responsible for the actions of his employee, Defendant Zachary Conroy, which resulted in the loss to the Plaintiffs of $4,835.00. 15. In the alternative, Defendant Michael Conroy, t/a, Alpha Home Inspections was negligent, careless, and reckless in its hiring of Defendant Zachary Conroy, who he knew or should have known was not capable of working in homes without engaging in theft. WHEREFORE, Plaintiffs demand judgment against Michael Conroy, t/a, Alpha Home Inspections, jointly and severally, in the amount of $4,835.00 together with interest and costs of suit. This is an amount requiring submission to compulsory arbitration pursuant to the Local Rules of Court. 7G R KIT ZMAN, P.C. By: `: TTIUmas E. Brenner, Esquire Attorney ID No. 32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 Attorney for Plaintiff Dated: I C )--- {00579754;vI} 4 ( I C(-e- , ' p4) ?&Yt ? cy kajo- a.- ?A A ly, '4110r' _ C) C 'L 'S c 5 .? G t OL yw 3()C),() t ?k- C) clo?c cl ` CIO\& Olt u ?(- J- ? s H,BIT cit- .- f-CA- 0) d a .t ?. r Q [.4 Q THE EXPERIENCE. Alpha Home Inspection Serving the Harrisburg Metro Area and surrounding counties Michael R Conroy Office 717-914-1600 201 Faculty Road Mobile 717-919-0542 Duncannon; Pa. 17020 Fax 570-694-0796 mike@atphainsD--d :n,nsi ASHI10#24'3657 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Commonwealth of Pennsylvania v. Zacharv Michael Conrov Cross Court Docket Nos: MJ-09304-CR-0000625-2010 Judge Assianed: OTN: T0243541 Initial Issuing Authority: Thomas A. Placey Arresting Agency: Hampden Twp, Police Dept Case Local Number Type(s) Date Filed: 02124/2011 Initiation Date: 12108/2010 Lower Court Docket No: MJ-09304-CR-0000625-2010 Final Issuing Authority: Thomas A. Placey Arresting Officer: Nulty, Richard Joseph Jr. Case Local Number(s) Page 1 of 4 Case Status: Adjudicated Status Date Processing Status Complaint Date: 12108/2010 07/19/2011 Awaiting Sentencing 05119/2011 Awaiting Pre-Trial Conference 02/24/2011 Awaiting Formal Arraignment 02124/2011 Awaiting Filing of Information 02124/2011 Awaiting ARD Hearing Case Calendar Event Schedule Start Room Judge Name Schedule Type Start Date Time Status Formal Arraignment 05/19/2011 Pre-Trial Conference 07114/2011 Sentencing 09/13/2011 Confinement Confinement Known As Of Type 9:00 am Jury Assembly Scheduled Room 1:30 pm 4th Floor Scheduled 9:30 am Courtroom 1 Judge J. Wesley Oler Jr. Scheduled Destination Confinement Still in Location Reason Custody 08124/2011 County Jail Perry County Prison Yes Date Of Birth: 11/20/1982 City/State/Zip: Marysville, PA 17053 Alias Name Conroy, Zachary Conroy, Zachary Michael Participant Type Name Defendant Conroy, Zachary Michael AOPC 2220- Rev 0812412011 Printed: 08/24/2011 Recent entries made in the court filing offices may not be immediately reflecte d ® ? EXHIBIT outs of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of lity for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not background check which can only be provided by the Pennsylvania State Police. Moreover an employer who f the Criminal History Record Information Act may be subject to civil liability as ?l Commonwealth of Pennsylvania V. Zacharv Michael Conrov Conroy, Zachary Michael Bail Action Set Date Bail Type 12/15/2010 Nonmonetary Page 2 of 4 Nebbla Status: None Percentaae Amount $0.00 Bail Posting Status Posting Date Posted 12/15/2010 Sea. Orig Sea. Grade Statute Statute Description Offense Dt. OTN 1 1 F3 18 13921 §§A Theft By UnlawTaking-Movable Prop 11/22/2010 T0243541 Disposition Case Event Sea u en ce/Description Sentencina Judae Sentence/Diversion Program Type Sentence Conditions Linked Offense - Sentence Waived for Court (Lower Court) Lower Court Disposition 1 /Theft By Unlaw Taking-Movable Prop Proceed to Court Information Filed 1 /Theft By Unlaw Taking-Movable Prop Gulfty Plea Pre-Trial Conference 1 /Theft By Unlaw Taking-Movable Prop Disposition Date Final Disposition Offense Disposition Grade Section Sentence Date Credit For Time Served Incarceration/Diversionary Period Start Date Link Type Linked Docket Number 02123/2011 Not Final Waived for Court (Lower Court) F3 18§3921§§A 05/11/2011 Not Final Held for Court F3 18§3921§§A 07/19/2011 Final Disposition Guilty Plea F3 18§3921§§A A0Vf; 2220 - Rev 0812412011 Printed: 08/2412011 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only he provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. VERIFICATION I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the attorney for Plaintiffs Rosalinda and William Jones that I have read the foregoing Amended Complaint, and that the facts stated therein are true and correct based upon the knowledge, information, and belief provided to me by my clients. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: I l 11 BY as E. Brenner, Esquire {00579754;vII CERTIFICATE OF SERVICE I hereby certify that I served the following document to the individual(s) below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Mr. Michael Conroy t/a Alpha Home Inspections 201 Faculty Road Duncannon, PA 17020 Pro Se Defendant Dated: 2=- Mr. Zachary Conroy SCI-Camp Hill Innate No.: KG 5519 PO Box 200 Camp Hill, PA 17001 Pro Se Defendant -- r'!y r i By: ?,-?---- 'Thomas E. Brenner, Esq. Attorney I.D. 32085 4250 Crums Mill Road, Suite 301 P.O. Box 6991 Harrisburg, PA 17112 Phone: (717)234-4161 Fax: (717)234-6808 100579754;vII rw- i a Pt zHr??orAR Thomas E. Brenner, Esquire Attorney ID No. 32085 2012 JAN 20 PH ,: Gk P.O. Box 1268 Harrisburg, PA 17108-1268 CUMBERLAND CO STy (717)234-4161 RENNS YLVANIA Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROSALIND & WILLIAM JONES, Plaintiffs, CIVIL ACTION-LAW VS. ZACHARY CONROY, MICHAEL CONROY, t/a, ALPHA HOME INSPECTIONS, NO. 2011-9000 Defendants PRAECIPE TO APPEND VERIFICATIONS To the Prothonotary: Please append the attached Verifications to Plaintiffs' Amended Complaint. 7ZERG "ATZMAN, P.C. By: - - Dated: 1 Y mas E. Brenner, Esquire Attorney ID No. 32085 P.D. Box i2u8 Harrisburg, PA 17108-1268 (717)234-4161 Attorney for Plaintiff 100580917;vII VERIFICATION I, William Jones, hereby acknowledge that I have read the foregoing AMENDED COMPLAINT, and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904. relatine to unsworn falsification to.-ulh orit;es. Date: 0 3 /2.. By: ?? - - William Jones 100571976;v I } VERIFICATION I, Rosalind Jones, hereby acknowledge that I have read the foregoing AMENDED COMPLAINT, and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsifir_atior. t;, thor;t c By--- Date: / -J3 , ) Z. Rosalind Jones 100571976;v 1 } CERTIFICATE OF SERVICE I hereby certify that I served the following document to the individual(s) below by depositing a copy of the same in the United States mail. postage prepaid, at Harrisburg, Pennsylvania addressed as follo xs: Mr. Michael Conroy t/a Alpha Home Inspections 201 Faculty Road Duncannon, PA 17020 Pro Se Defendant Mr. Zachary Conroy SCI-Camp Hill Inmate No.: KG 5515 PO Box 200 Camp Hill, PA 17001 Pro Se DefendanZ By. Date d: as E. Brenner, Esq. Attorney I.D. 32085 4250 Crums Mill Road, Shiite 301 P.U. Box 6991 Harrisburg, PA 17112 Phone: (717)234-4161 Fax: (717)234-6808 {00580917;v11 2 Michael R. Conroy 201 Faculty Road Duncannon, PA 17020 ROSALIND & WILLIAM JONES Plaintiffs, U. ZACHARY CONROY, MICHAEL CONROY, t/a, ALPHA HOME INSPECTIONS, Defendants i t_:r f ?tt i ?C?'? l?? ?? Pfd 1: i??NNSYI.VAN IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET NO. 11-9000 DEFENDANT MICHAEL CONROY'S SECOND SET OF PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT Michael Conroy 201 Faculty Road Duncannon, PA 17020 Pro se Thomas E. Brenner, Esquire P. O. Box 1268 Harrisburg, PA 17108-1268 ROSALIND & WILLIAM JONES ) Plaintiffs, ) V. ) ZACHARY CONROY, ) MICHAEL CONROY, tla, ALPHA HOME INSPECTIONS, Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET NO. 11-9000 NOTICE TO PLEAD TO: Rosalind & William Jones, Plaintiffs You are hereby notified to file a written response to the enclosed preliminary objections within twenty (20) days of the service hereof or judgment may be entered against you. Michael R. Conroy - Defendant 201 Faculty Road Duncannon, PA 17020 717-919-0542 ROSALIND & WILLIAM JONES Plaintiffs, V. ZACHARY CONROY, MICHAEL CONROY, t/a, ALPHA HOME INSPECTIONS, Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET NO. 11-9000 DEFENDANT MICHAEL CONROY'S SECOND SET OF PRELIMINARY OBJECTIONS TO PLAINTIFFS' AMENDED COMPLAINT Defendant, MICHAEL CONROY, preliminarily objects to Plaintiffs Complaint pursuant to Pa. R.C.P. No. 1028 and in support thereof states the following: 1. Plaintiff initiated this action by filing a Complaint on December 5, 2011. 2. Plaintiffs claim is an attempt to secure payment for alleged losses of jewelry that they allege is caused by various actions of the defendants. 3. Defendant Michael Conroy filed preliminary objections to Plaintiffs Complaint on December 29, 2011. 4. Plaintiff filed an Amended Complaint on or about January 9, 2012, but failed to serve the Defendant with a file stamped copy. 1. INSUFFICIENT SPECIFICITY IN A PLEADING 5. Defendant incorporates by reference the averments of Paragraphs 1 and 4 of these Preliminary Objections as if they were fully pleaded herein. 6.. Somewhere between Pages 2 and 3 of Plaintiffs' Amended Complaint there are words and or numbers missing that would make it impossible to obtain a proper or full understanding of Plaintiffs Amended Complaint. 7. Given the claim made in Paragraph (6) above, it is impossible to plead to this averment(s). 8. Paragraph (8) of Plaintiffs' Amended Complaint states that the value of the alleged stolen jewelry amounts to $4835.00. The aforementioned paragraph refers to a list of "jewelry stone" being attached as Exhibit "A". Defendant did not see a list of "jewelry stone" and is not even sure what a list of a "jewelry stone" is. Accordingly, this is unspecific and cannot be pleaded to by the Defendant. WHEREFORE, Defendant Michael Conroy requests this Honorable Court grant the Preliminary Objections and dismiss Plaintiffs Amended Complaint against him. II. FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT 9. Defendant incorporates by reference the averments of Paragraphs 1 and 8 of these Preliminary Objections as if they were fully pleaded herein. 10. Paragraph (8) of Plaintiffs' Amended Complaint contains an Exhibit "A" which appears to be a list of various items of jewelry, however, there is no receipt or title attached that demonstrates on some level that Plaintiffs ever had title to the jewelry in question which was allegedly stolen and no is any excuse offered for its absence. Absent proper receipts indicating ownership, it appears Plaintiffs simply made a list of whatever they felt and submitted it as Exhibit "A" without any proof of ownership. Paragraph 6 avers that Zachary Conroy stole jewelry belonging to the Plaintiffs and, again, there is no real proof that they owned any without receipts. Given the aforementioned, Defendant cannot properly plead to the Amended Complaint based on Exhibit "A". Plaintiffs' pleading violates Pa. R. C. P. Rule 1019(i) 11. Exhibit "A" of Plaintiffs Amended Complaint states various valuations that are related to the jewelry allegedly stolen. However, there is no certificate attached) provided by a qualified appraiser that states the valuation of the jewelry in question nor have Plaintiffs provided proof that they are qualified appraisers. Accordingly, since there are no receipts attached for the purchase price as explained supra nor is any appraisal attached, Defendant is unable to plead to the Amended Complaint. Plaintiffs' pleading violates Pa. R. C. P. Rule 1019(h) and/or 1019(1). 12. Paragraph (7) of Plaintiffs' Amended Complaint alleges that Zachary Conroy subsequently acknowledged that he had stolen the jewelry and has been prosecuted for his action in criminal court. No written admission is attached that indicates that he stole any jewelry. Plaintiffs' pleading violates Pa. R. C. P. Rule 1019(h) and/or 1019(i). 10. Plaintiffs aver in Paragraph (10) of their amended complaint that Zachary Conroy did commit theft by taking the jewelry owned by the Plaintiffs. For that to have occurred the Plaintiffs must have owned some jewelry, but as explained supra no proof of ownership is attached to their amended complaint. Plaintiffs' pleading violates Pa. R. C. P. Rule 1019(h) and/or 1019(i). 14. Plaintiffs state at Paragraph (11) of their amended complaint that the exhibit referred to as Exhibit "B" is some kind of acknowledgement of taking of jewelry. Defendant is unable to use this exhibit to determine if any jewelry was taken by Defendant Zachary Conroy at any time. Accordingly, if there is no underlying theft, there is no tort liability and therefore Defendant Michael Conroy cannot plead to the amended complaint. Plaintiffs' pleading violates Pa. R. C. P. Rule 1019(h) and/or 1019(1). 15. Paragraph (13) of Plaintiffs' Amended Complaint alleges that Defendant Zachary Conroy was employed by Alpha Home Inspections. There is no proof that Alpha Home Inspections was making any inspection at the home of the Plaintiffs on the date in question because there is no writing attached to the complaint which indicates that an inspection was done which is in violation of Pa. R. C. P. Rule 1019(h) and/or 1019(1). If Defendant Zachary Conroy was employed by Alpha Home Inspections, it may be a moot point if no inspection was done at the home of the Plaintiffs. Additionally, no excuse is offered as to why the agreement or writing is not attached. WHEREFORE, Defendant Michael Conroy requests this Honorable Court grant the Preliminary Objection and dismiss Plaintiff's Complaint against him. III. DEMURRER - LEGAL INSUFFICIENCY OF PLEADINGS 16. Defendant incorporates by reference the averments of Paragraphs 1 through 15 as through they were fully pleaded herein. 17. Plaintiffs' claim, absent the proper evidence of ownership of any jewelry and proper establishment of the valuation thereto to support their claim is, therefore, legally insufficient to establish a right to relief under any of the Plaintiffs' theories offered. 18. Given the above, Plaintiff's claim fails to state a cause of action for any of their theories under which they seek to recover or gain relief and pursuant to Pa. R. C. P. 1028(a)(4) this suit should be dismissed. WHEREFORE, Defendant requests this Honorable Court grant the Preliminary Objections by way of demurrer and dismiss Plaintiffs' Complaint against him. Respectfully submitted ?b? &?-? Michael Conroy - Defen nt 201 Faculty Road Duncannon, PA 17020 717-919-0542 VERIFICATION I, Michael Conroy, the defendant herein, verify that the facts and information set forth in the forgoing Defendant Michael Conroy's Second Set of Preliminary Objections to Plaintiffs' Amended Complaint are true and correct. I understand that false statements made are subject to the penalties of 18 P.A.C. S. 4904, relating to unsworn falsification to authorities. Michael Conroy - Defen nt 201 Faculty Road Duncannon, PA 17020 717-919-0542 January 24, 2012 CERTIFICATE OF SERVICE 1, Defendant Michael Conroy certify that I served a true and correct copy of the attached Defendant Michael Conroy's Second Set of Preliminary Objections to Plaintiffs' Amended Complaint on the Plaintiff by serving their attorney of record on the date indicated below by depositing same in the United States Mail, postage prepaid first class and addressed as follows: Thomas E. Brenner, Esquire P. O. Box 1268 Harrisburg, PA 17108-1268 January 24, 2012 Michael Conroy - Defe nt 201 Faculty Road Duncannon, PA 17020 717-919-0542 0 Thomas E. Brenner, Esquire FRO HOI N TA 1 `;' Attorney ID No. 32085 7;? •? 4250 Crums Mill Road, Suite 301 P.O. Box 6991 COUI??TY Harrisburg, PA 17112 Phone: (717)234-4161 ' LRNSYLVANIA Fax: (717)234-6808 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROSALIND & WILLIAM JONES, Plaintiffs, CIVIL ACTION-LAW VS. ZACHARY CONROY, MICHAEL CONROY, t/a, ALPHA HOME INSPECTIONS, NO. 2011-9000 Defendants PLAINTIFFS' RESPONSE TO DEFENDANT MICHAEL CONROY'S SECOND SET OF PRELIMINARY OBJECTIONS AND NOW, comes the Plaintiffs, Rosalind and William Jones, by and through their attorneys, Goldberg Katzman, P.C., who file this response to "Defendant Michael Conroy's Second Set of Preliminary Objections to Plaintiffs' Amended Complaint" and in support thereof state the following: Admitted. By way of further answer, to the extent the averment in Paragraph 1 refers to a written document, the document shall speak for itself. The document is attached hereto as "Exhibit A". 2. Admitted in part. It is admitted only that Plaintiffs claim damages for jewelry stolen by Defendant Zachary Conroy in the course and scope of his employment for Alpha Home Inspections. Defendant Zachary Conroy plead guilty to the charge of unlawful taking in connection with same on or about July 19, 2011. By way of further answer, to the extent the {00585418;v 1; averment in Paragraph 2 refers to a written document, the document shall speak for itself. The document is attached hereto as "Exhibit A". 3. Admitted. By way of further answer, to the extent the averment in Paragraph 3 refers to a written document, the document shall speak for itself. 4. Denied. Plaintiffs filed an Amended Complaint on or about January 11, 2012, a copy of which was served on Defendants in accordance with the applicable Pa. Rules of Civil Procedure. The document is attached hereto as "Exhibit A". 1. INSUFFICIENT SPECIFICITY IN A PLEADING 5. Paragraphs 1 through 4 are incorporated herein as if set forth in full. 6. Denied. To the extent the averment in Paragraph 6 refers to a written document, the document shall speak for itself. The document is attached hereto as "Exhibit A". By way of further answer, Plaintiffs' Amended Complaint clearly and concisely sets forth the necessary facts and allegations as required by Pa. R.C.P. §§ 1017 et seq. Further, it appears Paragraph 5 on page (3) of Plaintiffs' Amended Complaint was not numbered as such. However, such an error is diminimus and does not render the averment legally insufficient. Finally, the averments in Paragraph 6 contain conclusions of law to which no answer is required. 7. Denied. To the extent the averment in Paragraph 7 refers to a written document, the document shall speak for itself. The document is attached hereto as "Exhibit A". By way of further answer, Plaintiffs' Amended Complaint clearly and concisely sets forth the necessary facts and allegations as required by Pa. R.C.P. §§ 1017 et seq. Further, it appears Paragraph 5 on page (3) of Plaintiffs' Amended Complaint was not numbered as such. However, such an error is diminimus and does not render the averment in Paragraph 5 or any subsequent paragraphs 100585418A 1} legally insufficient. Finally, the averment in Paragraph 7 contains a conclusion of law to which no answer is required. 8. Admitted in part. Denied in part. It is admitted only that the averment in Paragraph 8 of Plaintiffs' Amended Complaint contains a typographical error in identifying Exhibit "A". Exhibit "A" should be identified as a list of the jewelry "stolen," not "stone." Such an error is diminimus and does not render averment in Paragraph 8 legally insufficient. By way of further answer, Plaintiffs' Amended Complaint clearly and concisely sets forth the necessary facts and allegations as required by Pa. R.C.P. §§ 1017 et seq. Further, the averment in Paragraph 8 contains a conclusion of law to which no answer is required. Finally, to the extent the averment in Paragraph 7 refers to a written document, the document shall speak for itself. The document is attached hereto as "Exhibit A". WHEREFORE, the Plaintiffs respectfully request that this Honorable Court dismiss Defendant Michael Conroy's Second Set of Preliminary Objections to Plaintiffs' Amended Complaint. 11. FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT 9. Paragraphs 1 through 8 are incorporated herein as if set forth in full. 10. Denied. The averments in Paragraph 10 contain conclusions of law to which no answer is required. By way of further answer, the remaining averments contain statements more properly addressed during discovery. Finally, the averments contained in Paragraph 8 of Plaintiffs' Amended Complaint are legally sufficient and comply with the relevant rules of civil procedure. 11. Denied. The averments in Paragraph 11 contain conclusions of law to which no answer is required. By way of further answer, the remaining averments contain statements more {005854 Mv1} properly addressed during discovery. Additionally, Defendant Zachary Conroy plead guilty to the charge of unlawful taking in connection with the events giving rise to Plaintiffs' Complaint. Proof of same is attached hereto as "Exhibit B". 12. Denied. The averments in Paragraph 12 contain conclusions of law to which no answer is required. By way of further answer, the remaining averments contain statements more properly addressed during discovery. Additionally, Defendant Zachary Conroy plead guilty to the charge of unlawful taking in connection with the events giving rise to Plaintiffs' Complaint and subsequent Amended Complaint. Proof of same is attached hereto as "Exhibit B". 13. Denied. The averments in Paragraph 13 contain conclusions of law to which no answer is required. By way of further answer, the remaining averments contain statements more properly addressed during discovery. Additionally, Defendant Zachary Conroy plead guilty to the charge of unlawful taking in connection with the events giving rise to Plaintiffs' Complaint and subsequent Amended Complaint. Proof of same is attached hereto as "Exhibit B". 14. Denied. The averments in Paragraph 13 contain conclusions of law to which no answer is required. By way of further answer, the remaining averments contain statements more properly addressed during discovery. Additionally, Defendant Zachary Conroy plead guilty to the charge of unlawful taking in connection with the events giving rise to Plaintiffs' Complaint and subsequent Amended Complaint. Proof of same is attached hereto as "Exhibit B". 15. Denied. The averments in Paragraph 13 contain conclusions of law to which no answer is required. WHEREFORE, the Plaintiffs respectfully request that this Honorable Court dismiss Defendant Michael Conroy's Second Set of Preliminary Objections to Plaintiffs' Amended Complaint. (005854181v 1 } III. DEMURRER - LEGAL INSUFFICIENCY OF PLEADINGS 16. Paragraphs 1 through 15 are incorporated herein as if set forth in full. 17. Denied. The averments in Paragraph 17 contain conclusions of law to which no answer is required. 18. Denied. The averments in Paragraph 18 contain conclusions of law to which no answer is required. WHEREFORE, the Plaintiffs respectfully request that this Honorable Court dismiss Defendant Michael Conroy's Second Set of Preliminary Objections to Plaintiffs' Amended Complaint. GOLDBERG KATZMAN, P.C. By: Thomas E. Brennbr, Esquire J Attorney I.D. 32085 4250 Crums Mill Road, Suite 301 P.O. Box 6991 Harrisburg, PA 17112 Phone: (717)234-4161 Fax: (717)234-6808 Date: February 13, 2012 {00585418:vI) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROSALIND & WILLIAM JONES, Plaintiffs, VS. ZACHARY CONROY, MICHAEL CONROY, t/a, ALPHA HOME INSPECTIONS, Defendants CIVIL ACTION-LAW NO. 2011-9000 NOTICE TO PLEAD TO: Mr. Michael Conroy t/a Alpha Home Inspections 201 Faculty Road Duncannon, PA 17020 Pro Se Defendant Mr. Zachary Conroy SCI-Camp Hill Inmate No.: KG 5519 PO BOX 200 Camp Hill, PA 17001 Pro Se Defendant c rn? ? f- CD You are hereby notified to file a written response to the enclosed Complaint for V`a c... c? Declaratory Action within twenty (20) days from service hereof or a default judgment may be C7 --a C 4 C)-n zF3 D entered against you. Respectfully submitted, By: e. ? Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 1268 Harrisburg, PA 17108-1268 717-234-4161 Attorney for Plaintiff Date: Aq bm' {00579754;v1} PLAINTIFFS 1 EXHIBIT R Q Thomas E. Brenner, Esquire Attorney ID No. 32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROSALIND & WILLIAM JONES, Plaintiffs, VS. ZACHARY CONROY, MICHAEL CONROY, t/a, ALPHA HOME INSPECTIONS, Defendants CIVIL ACTION-LAW NO. 2011-9000 AMENDED COMPLAINT AND NOW, comes Plaintiffs by and through their attorneys, Goldberg Katzman, P.C., who state: 1. Plaintiffs William and Rosalind Jones are adult individuals residing at 5 Emlyn Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Michael Conroy, t/a/, Alpha Home Inspections is an adult individual with an address of 201 Faculty Road, Duncannon, Perry County, Pennsylvania. 3. Defendant Zachary Conroy is an adult individual currently residing at SCI Camp Hill, 2500 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania. 4. This actions arises from theft loss that occurred at the former home of the Plaintiffs at 6321 Stephens Crossing, Mechanicsburg, Pennsylvania, on November 26, 2010. {00579754;vl1 2 Pennsylvania, assisting in a home inspection at the request of the prospective buyers of the Plaintiffs' home. 6. Defendant Zachary Conroy stole jewelry belonging to the Plaintiffs. 7. Defendant Zachary Conroy subsequently acknowledged that he had stolen the jewelry. He has been prosecuted criminally for this action. The value of the stolen jewelry amounts to $4,835.00. A list of the jewelry stone is attached hereto as Exhibit "A." COUNTI Rosalind and William Jones vs. Zachary Conroy 9. The averments of Paragraphs 1-8 are incorporated herein by reference. 10. Defendant Zachary Conroy did commit theft by taking the jewelry owned by the Plaintiffs on November 26, 2010. 11. Defendant Zachary Conroy has acknowledged that he took the aforesaid jewelry. See excerpt from Cumberland County Criminal Docket attached hereto as Exhibit "B." WHEREFORE, Plaintiffs demand judgment against Defendant Zachary Conroy, jointly and severally, in the amount of $4,835.00 together with interest and costs of suit. This is an amount within the limits for compulsory arbitration pursuant to the Local Rules of Court. t00579754;yl) COUNT II Rosalind and William Jones vs. Michael Conroy, t/a, Alpha Home Inspections 12. The averments of Paragraphs 1-11 are incorporated herein by reference. 13. At the time and place of aforesaid, Defendant Zachary Conroy was in the scope of employment with Michael Conroy, t/a, Alpha Home Inspections and was present in the Plaintiffs' home with the sole purpose of assisting in a home inspection. 14. Defendant Michael Conroy, t/a, Alpha Home Inspections is therefore responsible for the actions of his employee, Defendant Zachary Conroy, which resulted in the loss to the Plaintiffs of $4,835.00. 15. In the alternative, Defendant Michael Conroy, t/a, Alpha Home Inspections was negligent, careless, and reckless in its hiring of Defendant Zachary Conroy, who he knew or should have known was not capable of working in homes without engaging in theft. WHEREFORE, Plaintiffs demand judgment against Michael Conroy, t/a, Alpha Home Inspections, jointly and severally, in the amount of $4,835.00 together with interest and costs of suit. This is an amount requiring submission to compulsory arbitration pursuant to the Local Rules of Court. GOLD-1WR ZMAN, P.C. By: omas E. Brenner, Esquire Attorney ID No. 32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 Attorney for Plaintiff Dated: I cv (a . {00579754;v1} c!'Cc G???l?h c41c H. rn?ri 6-y-n m ? (?'? • tea C? C? cr] rte.. C?7 c? `? o C-k a(' Vl (O-ed-&A?nj C(pr? to i 1 44,, a.c?t'a-vy-L-oncQ i rnl Sic"--? - SFL-f-j- ? jolc4 riv)q 'IL( ?-l '??v b 0 l jaov-111V? lv? I;z C) 0 Oct Dj C? A_121 Y_ L ft? ? bow C) ce,,?,-", a o0 < EXHIBIT C? ?old?'afod-?C) J r a THE EXPERIENCE. r ?. Alpha. Home Inspection Serving the Harrisburg Metro Area and surrounding corrnfes Michael R Conroy Office. 717-914-1600 201 Faculty Road. Mobile 717-919-0542 Duncannon$ Pa. 17020 Fax 570-694-0798 mikeQaiphai s:ecticn_nal ASHI ID # 243657 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Commonwealth of Pennsylvania Michael Cross Court Docket Nos: MJ-09304-CR-0000625-2010 Judge Assigned: OTN: T0243541 Initial Issuing Authority: Thomas A. Placey Arresting Agency. Hampden Twp, Police Dept Case Local Number Type(s) Date Filed: 02124/2011 Initiation Date: 1210812010 Lower Court Docket No: MJ-09304-CR-0000625-2010 Final Issuing Authority: Thomas A. Placey Arresting Officer: Nulty, Richard Joseph Jr. Case Local Number(s) Page 1 of 4 Case Status: Adjudicated Status Date Processing Status Complaint Date: 12108/2010 07/19/2011 Awaiting Sentencing 05/19/2011 Awaiting Pre-Trial Conference 02124/2011 Awaiting Formal Arraignment 02/24/2011 Awaiting Filing of Information 02124/2011 Awaiting ARID Hearing Case Calendar Event Schedule _ Start Room Judge Name Schedule Type Start Date Time Status Formal Arraignment 05/19/2011 9:00 am Jury Assembly Scheduled Room Pre-Trial Conference 07/14/2011 1:30 pm 4th Floor Scheduled Sentencing 09/13/2011 9:30 am Courtroom 1 Judge J. Wesley Oler Jr. Scheduled Confinement Confinement Destination Confinement Still in Known As Of Type Location Reason Custody 08/24/2011 County Jail Perry County Prison Yes :1 SRI* 11111 Date Of Birth: 11/20/1982 City/State/Zip: Marysville, PA 17053 Alias Name Conroy, Zachary Conroy, Zachary Michael Participant Type Defendant Name Conroy, Zachary Michael AOPC 2220- Rev 08124/2011 Printed: 08124/2011 ° Recent entries made in the court filing offices may not be immediately reflected EXHIBIT ourts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of .J dity for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not background check which can L1 only be provided by the Pennsylvania State Police. Moreover an employer who f the Criminal History Record Information Act may be subject to civil liability as _ - a COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Commonwealth of Pennsylvania Page 2 of 4 V. Zachary Michael Conroy .-ME, IN WE Conroy, Zachary Michael Bail Action Set Nebbia Status: None Date Bail Type Percentage Amount Bail Posting Status Posting Date $0.DD 1211512010 Nonmonetary Posted 12/1512010 MMMOMM Seq. Orig Se g. Grade Statute Statute Description Offense Dt. a OTN 1 1 F3 18 6 3921 44A Theft By UnlawTaking-Movable Prop 11/2212010 T0243541 Disposition Case Event Sequence/Description Sentencing Judge Sentence/Diversion Program Tvpe Sentence Conditions Linked Offense - Sentence Waived for Court (Lower Court) Lower Court Disposition 1 /Theft By UnlawTaking-Movable Prop Proceed to Court Information Filed 1 /Theft By Unlaw Taking-Movable Prop Guilty Plea Pre-Trial Conference 1 /Theft By Unlaw Taking-Movable Prop Link Type 02/23/2011 Waived for Court (Lower Court) 05111/2011 Held for Court 07/19/2011 Guilty Plea Linked Docket Number Not Final F3 18§3921§§A Not Final F3 18§3921§§A Final Disposition F3 18§3921§§A AOPC 2220 - Rev 08/2412011 Disposition Date Final Disposition Offense Disposition Grade Section Sentence Date Credit For Time Served Incarceration/Diversionary Period Start Date Printed: 08/24/2011 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background checkwhich can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act may be subject to civil liability as set forth in 18 Pa.C.S. Section 9183. VERIFICATION I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the attorney for Plaintiffs Rosalinda and William Jones that I have read the foregoing Amended Complaint, and that the facts stated therein are true and correct based upon the knowledge, information, and belief provided to me by my clients. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. §4904, relating to unworn falsification to authorities. r Date: j CI ? 1 ?- By: y,,-- ThorrCas E. Brenner, Esquire {00579754;vI) CERTIFICATE OF SERVICE I hereby certify that I served the following document to the individual(s) below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Mr. Michael Conroy t/a Alpha Home Inspections 201 Faculty Road Duncannon, PA 17020 Pro Se Defendant Dated: t, ? I ? L--.. Mr. Zachary Conroy SCI-Camp Hill Inmate No.: KG 5519 PO Box 200 Camp Hill, PA 17001 Pro Se Defendant By'??"'? -Thomas E. Brenner, Esq. Attorney I.D. 32085 4250 Crums Mill Road, Suite 301 P.O. Box 6991 Harrisburg, PA 17112 Phone: (717)234-4161 Fax: (717)234-6808 {00579754;v]} COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Commonwealth of Pennsylvania V. Zachary Michael Conroy Cross Court Docket Nos: MJ-09304-CR-0000625-2010 Judge Assigned: OTN: T0243541 Initial Issuing Authority: Thomas A. Placey Arresting Agency Hampden Twp, Police Dept Case Local Number Type(s) Date Filed: 02124/2011 Initiation Date: 12108/2010 Lower Court Docket No: MJ-09304-CR-0000625-2010 Final Issuing Authority: Thomas A. Placey Arresting Officer: Nulty, Richard Joseph Jr. Case Local Number(s) Page 1 of 4 ?!'?" ?+ c?ms? ?ew,?ow:mm, xnTa9 •? ;a--?!isf?'us---W m'3s1° - J ,S" . '19 ._•F'- .'.__ ..Y [ --? ?_ __- c.. _.__ t--:??'_'` C....:iL°' ??3"..'t ___ t _ __ '-W Case Status: Adjudicated Status Date Processing Status Complaint Date 12/08/2010 07/19/2011 Awaiting Sentencing 05/19/2011 Awaiting Pre-Trial Conference 02/24/2011 Awaiting Formal Arraignment 02/24/2011 Awaiting Filing of Information 02/24/2011 Awaiting ARID Hearing s•{??p.m ._• -'&'t m aacLs?,ex.rwia:sawd'uee .•,• •. S -- ?u ?.A?'•_ -YSS_^..iP?_ISC.'?i :sYf: ??-'i:t5MSt?0.1LgH1 P19 R•N. 'Y tl!?TI-H.q-IEI.W-1121 C ? I NIN "mow'-Sf VV Case Calendar Event Schedule YStart Room Judge Name Schedule Type Start Date Time Status Formal Arraignment 05/19/2011 9:00 am Jury Assembly Scheduled Room Pre-Trial Conference 07/14/2011 1:30 pm 4th Floor Scheduled Sentencing 09/13/2011 9:30 am Courtroom 1 Judge J. Wesley Oler Jr. Scheduled Confinement Confinement Destination Confinement Still in Known As Of Type Location Reason Custody 08/2412011 County Jail Perry County Prison yes pcmn9. - - mm -.... . _ s v?+a '- =•+r L '"',z .•ti.?•• °e'>_?l N: = • lzu SJ 9x .-°,s..s-g?°.Y.?- •°a?n? 's9?aet.i -?my -s? ; - s .mow :.-. :E ? ? ? ' ' Date Of Birth: 11/20/1982 s .: m u City/State/Zip: Marysville, PA 17053 -., : _ _ _., r. ..._ ._ , _ z •,,n ar ? e' ?i. f:_: _i xl Alias Name Conroy, Zachary Conroy, Zachary Michael Participant Type Name Defendant Conroy, Zachary Michael AUPC 2220- Rev 08/2412011 Printed: 06/24/2011 Recent entries made in the court filing offices may not be immediately reflected a PLAINTIFF'S ourts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of J EXHIBIT ility for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not only be provided by the Pennsylvania State Police. Moreover an employer who (1 background check which can fthe Criminal Histor R d Information Act may be subject to civil liability as S J 0 y ecor Q Commonwealth of Pennsylvania V. Zachary Michael Conroy Conroy, Zachary Michael Bail Action Set Date Bail Type 1211512010 Nonmonetary Court Case Page 2 of 4 Nebbia Status: None Percentage Amount $0.00 Bail Posting Status Posting Date Posted 12215/2010 g - - - - ---------------------- A'CC 20 tSecl. Orig Seq. Grade Statute Statute Description Offense Dt. OTN 1 1 F3 18 & 3921 &&A Theft By UnlawTaking-Movable Prop 11/2222010 T0243541 Disposition Case Event Sequence/Description Sentencing Judge Sentence/Diversion Program Type Sentence Conditions Linked Offense - Sentence Waived for Court (Lower Court) Lower Court Disposition 1 /Theft By Unlaw Taking-Movable Prop Proceed to Court Information Filed 1 1Theft By Unlaw Taking-Movable Prop Guilty Plea Pre-Trial Conference 1 /Theft By Un law Taking-Movable Prop Disposition Date Final Disposition Offense Disposition_ Grade Section Sentence Date Credit For Time Served Incarceration/Diversionary Period Start Date Link Type 02223/2011 Waived for Court (Lower Court) 05f1112011 Held for Court 07/19/2011 Guilty Plea Linked Docket Number Not Final F3 18§3921§§A Not Final F3 18§3921§§A Final Disposition F3 18§3921§§A AOPC 2220 - Rev 06/2412011 Printed: 08/24/2011 Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assume any liability for inaccurate or delayed data, errors or omissions on these reports. Docket Sheet information should not be used in place of a criminal history background check which can only be provided by the Pennsylvania State Police. Moreover an employer who does not comply with the provisions of the Criminal History Record Information Act maybe subject to civil viability asset forth in 18 Pa.C.S. Section 9183. CRIMINAL DOCKET CERTIFICATE OF SERVICE I hereby certify that I served the following document to the individual(s) below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania addressed as follows: Mr. Michael Conroy t/a Alpha Home Inspections 201 Faculty Road Duncannon, PA 17020 Pro Se Defendant Mr. Zachary Conroy SCI-Camp Hill Innate No.: KG 5519 PO Box 200 Camp Hill, PA 17001 Pro Se Defendant G, ? By: 4.0 { . Dated: February 13, 2012 Thomas E. Brenner, Esq. Attorney I.D. 32085 4250 Crums Mill Road, Suite 301 P.O. Box 6991 Harrisburg, PA 17112 Phone: (717)234-4161 Fax: (717)234-6808 (00585418,vI) ROSALIND & WILLIAM JONES Plaintiffs, V. ZACHARY CONROY, MICHAEL CONROY, t/a, ALPHA HOME INSPECTIONS, Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET NO. 11-9000 ORDER, AND NOW THIS Ivi day of February, 2012 in consideration of Defendant Michael Conroy's motion for enlargement of time, it is hereby ORDERED, that this matter in continued until the next session of argument court. 7 rs r-? C ? r c? G 3:0 C:i _?: rv Thomas E. Brenner, Esquire Attorney ID No. 32085 4250 Crums Mill Road, Suite 301 P.O. Box 6991 Harrisburg, PA 17112 Phone: (717)234-4161 Fax: (717)234-6808 Attorney for Plaintiffs f f t dad ?1 ? Y ??5 Yjf? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROSALIND & WILLIAM JONES, Plaintiffs, CIVIL ACTION-LAW VS. ZACHARY CONROY, . MICHAEL CONROY, t/a, ALPHA HOME INSPECTIONS, NO. 2011-9000 Defendants . PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-captioned case as settled, discontinued and ended. ? k 2, Dated: ? ?-l By Thomas nner, Esquire Attorney ID No. 32085 '.D. Box 6991 Harrisburg, PA 17112 (717)234-4161 Attorney for Plaintiffs {00601662;vI } CERTIFICATE OF SERVICE I, HEREBY CERTIFY that I served on this date a true and correct copy of the foregoing document by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Mr. Michael Conroy t/a Alpha Home Inspections 201 Faculty Road Duncannon, PA 17020 Pro Se Defendant B Thomas E. Brenner, Esquire Attorney ID #32085 PO Box 6991 Harrisburg, PA 17112 717-234-4161 Attorney for Plaintiffs Date: ?Y {00601662;vl}