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HomeMy WebLinkAbout12-2599IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SARA DOHNER, C-) Plaintiff, mCo vs. : Mm No. S ? c;v I r a -0 N) rn o : CHRISTA AUFIERO, CIVIL ACTION-LAW -Y; Defendant, : JURY TRIAL DEMANDED:zcD C:) rv NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or far any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNONT AFFORD ONE, FO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 aL 51 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SARA DOHNER, Plaintiff, VS. CHRISTA AUFIERO, Defendant, : No. ` ?-- CIVIL ACTION-LAW JURY TRIAL DEMANDED NOTICIA LES HAN DEMANDADO A USTED EN LA CORTE. Se usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partit de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por obogado y archhivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en conra de su persona. Sea avisado qui si usted no sos defiende, la corte tomarra immedidas y purde entrar usa orden contra usted sin previo aviso o notoficacion y pro cualquier queja o alivio que es pedido en la peticion de damanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDO A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERCICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICIAN CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE CONSEGUIRE ASISTENCIA LEGAL. Cumberland County Court Administrator One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SARA DOHNER, Plaintiff, VS. CHRISTA AUFIERO, Defendant, No. C<?. CIVIL ACTION-LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, COMES, the above-named Plaintiff by and through his attorney, William C. Felker, files this Complaint against the above-named Defendant, hereinafter sets forth the following: COUNTI BREACH OF CONTRACT 1. Plaintiff is an adult individual residing at IOTA Spanglers Mill Road, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is an adult individual with a last known residence of 427 15th Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. On or about December 17, 2010, Plaintiff and Defendant entered into an agreement for Plaintiff to purchase from Defendant a horse/pony known as "Scout". 4. The purchase price was set at fifteen thousand dollars ($15,000.00). 5. Plaintiff would pay five-hundred dollars ($500.00) a month to Defendant until the purchase price was paid in full. 6. December 17, 2010, Plaintiff made a six-hundred dollar ($600.00) payment to Defendant. 7. On January 27, 2011, Plaintiff made a five-hundred dollar ($500.00) payment to Defendant. 8. On February 22, 2011, Plaintiff made a five-hundred dollar ($500.00) payment to Defendant. 9. Between the months of December 2010 and June 2011, Plaintiff made several efforts to take possession of "Scout"; however, Defendant either: refused; agree to deliver "Scout" and then not show; or make additional demands such as requiring Plaintiff to buy insurance on "Scout". 10. Plaintiff made no payments during the months of March and April 2011 because Defendant would not give Plaintiff possession of "Scout". 11. During the month of May, Plaintiff agreed to have "Scout" insured. 12. Plaintiff on May 19, 2011 began resuming payments to Defendant with a five hundred dollar ($500.00) payment. 13. Between December 2010 and May 2011, Plaintiff paid six hundred and thirty dollars ($630.00) in expenses for a horse/pony known as "Buck". 14. Plaintiff and Defendant agreed that "Buck's" expenses would be deducted from the purchase price of "Scout". 15. Sometime between May and June, Defendant demanded that the transaction, going forward, be handled through Sue Cisco. 16. Plaintiff during the month of June delivered a check in the name of Defendant to Sue Cisco for five hundred dollars ($500.00). 17. During the month of June Defendant was to deliver "Scout" to a farm owed by Sue Cisco. 18. Defendant never delivered "Scout" as promised. 19. Continuing to deny access to "Scout" and failing to honor the agreement, defendant over the next several months, following June 2011, refused all efforts of contact by Plaintiff and Sue Cisco. 20. Sometime in October or November 2011, Defendant again agreed to horror the agreement; however, Plaintiff demanded access to "Scout" so that she could be sure "Scout" has remained sound. 21. On a date in November, Plaintiff inspected "Scout" and agreed to resume payments beginning in December 2011. 22. On December 9, 2011, Defendant again demanded a change in the agreement by demanding the full remaining contract price. 23. Defendant still maintains "Scout" in her possession. WHEREFORE, Plaintiff respectfully requests this Court to Order specific performance of the agreement between the parties, attorneys fees and any other relief the Court deems fair and just. Respectfully submitted, Date: 1 Attorney for Pl ntiff William C. Felker 67999 P.O. Box 1401 Camp Hill, PA 17001 (717) 571-5351 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: April 23, 2012 -el? ??- Sara Dohner SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor T'D pq, vJ?j _? Aif 9: 29 PENlNSYl.-VA' IA Sara Dohner VS. Christa Aufiero SHERIFF'S RETURN OF SERVICE Case Number 2012-2599 06/01/2012 Ronny R. Anderson, Sheriff, who being duly swom according to law, states that on June 1, 2012 at 1450 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Christa Aufiero. After several attempts the Complaint and Notice has expired. SHERIFF COST: $79.45 SO ANSWERS, June 04, 2012 RON R ANDERSON, SHERIFF (c) CountySuite Shentt, Teleosoft. Inc.