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HomeMy WebLinkAbout02-0577GERALD W. ANDERSON, SR., Plaintiff VS. DOUGLAS K. RESSLER, JR., and BRENDA S. RESSLER, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. O-~ - ,.q'~'/? CIVIL 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 for 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 CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 GERALD W. ANDERSON, SR., Plaintiff VS. DOUGLAS K. RESSLER, JR., and BRENDA S. RESSLER, his wife, Defendants ) ) ) ) ) ) ) ) COMPLAINT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Ol;~ - ~7 CIVIL AND NOW comes the Plaintiff, GERALD W. ANDERSON, SR., by and through his counsel, Michael L. Bangs, Esquire, and in support thereof files the following Complaint: 1. Plaintiff, GERALD W. ANDERSON, SR., is an adult individual who resides at 165 15th Street, New Cumberland, Cumberland County, Pennsylvania (hereinafter referred to as "Anderson"). 2. Defendant DOUGLAS K. RESSLER, JR., is an adult individual who resides at 165 15th Street, New Cumberland, Cumberland County, Pennsylvania (hereinafter referred to as "D. Ressler"). 3. Defendant BRENDA S. RESSLER, is an adult individual who resides at 165 15th Street, New Cumberland, Cumberland County, Pennsylvania (hereinafter referred to as "B. Ressler"). 4. Anderson is the father of B. Ressler and the father-in-law of D. Ressler. 5. Anderson loaned B. Ressler and D. Ressler the sum of Six Thousand Five Hundred and 00/100 ($6,500.00) Dollars, said sum was used by both Defendants to pay off an outstanding mortgage on their residence at 165 15th Street, New Cumberland, to keep it from being subject to a Sheriff's Sale. 6. Defendants both signed an agreement/note evidencing the obligation to pay the mount of $6,500.00 to Anderson and acknowledging that they had a responsibility to pay back that sum to Anderson. Attached hereto and marked as Exhibit A is a true and correct copy of that note. 7. In addition to the sum lent to both Defendants by Anderson evidenced in Exhibit A, Defendants either individually or collectively came to Anderson and requested that he lend them money for other purposes involving the residence. Those sums are broken down as follows: A. $15,00.00 for a down payment on the property; B. $3,050.60 in mortgage payments paid by Anderson to be repaid by both Defendants; C. $489.88 for an auto repair to Defendants' automobile; D. $1,400.00 for a swimming pool at the residence; E. $3,087.76 for railing around the house purchased from QFS Factory; F. $1,187.69 for the purchase of a deck; G. $492.30 for various supplies purchased at Home Depot for the house; H. $975.92 for the purchase of carpet at Lowe's; I. $975.00 for the purchase ora washer and dryer; J. $92.86 for the purchase of supplies from Peunsy Supply; K. $300.00 for payment to assist with bills; and L. $1,900.00 for a slate roof. TOTAL: $28,952.01 8. All of the sums paid by Anderson were on behalf and at the request of both Defendants. 9. Defendants repeatedly indicated to Anderson that they would pay him back the sums that he expended on their behalf since all those sums were used to benefit their residence or to assist them with their expenses. 10. Defendants have paid a total of $2,000.00 toward the $6,500.00 note leaving a balance due of $4,500.00. Defendants have also paid Anderson a total of $1,250.00 toward the amounts expended listed in Paragraph 7(A) through (L). 11. Despite repeated requests, Defendants have failed to make any further payments to Anderson. 12. Defendants have breached their agreement with Anderson by their failure to repay the sums due and owing to Anderson. 13. As a result of the breach by Defendants to Anderson, Anderson has been damaged in the amount of $32,202.01. 14. Both Defendants are individually and collectively liable for the total amount due to Anderson. VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. GERALD W. ANDERSON, SR. October 10, 2001 PERSONAL Gerald W. Anderson, SR. 165 15th Street New Cumberland, PA 17070 Dear Gerald W. Anderson, SR., Re: Loan I, Douglas K. Ressler, Jr. and I, Brenda S. Ressler on this date Wed, October l0th, 2001 have receivedq & ~619.60 sum of monies for the property of 165 15th Street, New Cumberland, PA, Cumberland County. If this money is not paid back, you have the right to file a judgment against either of us, and the property, to ensure repayment of the said balance. This document is notarized and is a legal bonding document between all parties. Signed and sealed on this date, October 19th, 2001 from all parties. Doug~ K. Ressler, jr. ~/' Brenda S. Ressler Gerald W. Anderson, SR. CCi Douglas K. Ressler, Jr. And Brenda S. Ressler Same Address GERALD W. ANDERSON, SR., PLAINTIFF VS. DOUGLAS K. RESSLER, JR., and BRENDA S. RESSLER, his wife, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMRERLAND COUNTY, PENNSYLVANIA NO, 02-$77 CIVIL CIVIL ACTION. LAW DEFENDANT. DOUGLAS K. RESSLER, .IIL'S ANSWER TO PLAINTIFF'S COMPLAINT, AND NEW MATTER AND NOW COMES, the Defendant, DOUGLAS K. RESSLER, JR., by and through his attorney, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files the following Answer to the Plaintiff's Complaint and also files New Matter: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. After reasonable investigation, Defendant, Douglas K. Ressler, is without knowledge sufficient to form a basis to determine the truth of each of the averments alleged in said paragraph, and said paragraph is therefore denied. Strict proof thereof is demanded at the time of 8. Denied. It is denied the monies which were allegedly expended by the Plaintiff were spent on behalf and at the specific request of the Defendants. 9. Admitted in part and Denied in part. The Defendants did state to Plaintiff they wanted to repay the Plaintiff for the note identified in paragraph 5 of the Plaintiff's Complaint, but not for everything Plaintiffhas identified in paragraph 7. 10. Admitted. 11. Denied. 12. Denied. 13. Denied. 14. Denied. 15. Paragraphs I through 14 of this Answer and New Matter are incorporated herein by reference thereto. 16. After Plaintiff's wife died in 1994, Plaintiff sold his home and moved into the home of the Defendants until this instant suit was filed and served. 17. During the entire time Plaintiff resided with the Defendants, Plaintiff had his own room and had full use of the Defendants' residence and all facilities there. 18. During the entire time Plaintiff resided with the Defendants, Plaintiff never paid any rent, utility expenses, or any other everyday living expenses and/or extraordinary expenses connected with the marital residence, to the Defendants. 19. During the entire time the Plaintiff resided in the home of the Defendants, when repairs or other items were needed for the Defendants' residence, Plaintiff would purchase the items needed and/or give the Defendants some monies, stating he also resided in the Defendants' residence and it was only fair he also contribute to the residence. 20. There were never any agreements between the Plaintiff and the Defendants as to repayment of the additional items and/or monies Plaintiff gave to the Defendants while residing in their residence. 21. Plaintiff never requested payment for the items listed in paragraph 7, until the Defendants made a decision to file for divorce. 22. Defendant, BRENDA S. RESSLER, has stated to Defendant, Douglas K. Ressler, that after they are divorced, she and her father, the Plaintiff, are going to take everything away from the Defendant, Douglas K. Ressler, which he gets from the marital property settlement and Defendant, Brenda S. Ressler, and her father, the Plaintiff, will continue to live together. 23. Plaintiff and Defendant, Brenda S. Ressler, have initiated this action with the intention of taking as much money from Defendant, Douglas K. Ressler, which he might realize from the division of marital property, to keep those monies for their own use. WHEREFORE, DEFENDANT, DOUGLAS K. RESSLER, requests this Honorable Court find there were no agreements between the Plaintiff and the Defendants to repay the items identified by the Plaintiff other than the one (1) loan for which a copy of the note is attached to the Plaintiff's complaint. Defendant, Douglas K. Ressler further requests this court find the items and monies the Plaintiff contributed to the Defendants' residence were gifts and were given by the Plaintiff as compensation to the Defendants for the Plaintiff's ability to reside in their residence free of charge. If this court should find the Defendants owe money to the Plaintiff, Defendant, Douglas K. Ressler requests this Honorable Court issue an Order finding the Plaintiff owes the Defendants for the fair market rental and use of the Defendants' residence. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: February .~_.~ 2002 x..~Fe..~_~_~. ~ ~Eaquire Counsel for l~fend~ nt, Douglas K. Ressler _ 57.D. j 5021 East TrihOi~R, ~ad Suite 100 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are tree and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. DOUGLASffK. RESSLER' ' - GERALD W. ANDERSON, SR., PLAINTIFF VS. DOUGLAS I~L RESSLER, JR., and BRENDA S. RESSLER, his wife, DEFENDANTS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 02-577 CIVIL : : CIVIL ACTION - LAW : ._ CERTIFICATE OF SERVICE I, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., hereby certify that I served a true and correct copy of Defendant, Douglas K. Ressler, Jr.'s Answer to Plaintiff's Complaint, and New Matter, by hand delivery, to the following: Michael L. Bangs, Esquire Attorney for Plaintiff Jane M. Alexander, Esquire Attorney for Defendant, Brenda S. Ressler Dated: Februaryc~O, 2002 LAW FIRM OF SUSAN KAY CANDIELLO, P.C. ScUou~ KelafYorC~eef~ K. Ressler, Jr. PA I.D. # 5021 East Trindl~,Ro~d Suite 100 Mechanicsburg PA 17050 (717) 796-1930 SHERIFF'S RETURN - REGULAR CASE NO: 2002-00577 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ANDERSON GERALD W SR VS RESSLER DOUGLAS K JR ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RESSLER BRENDA S the DEFENDANT · at 1744:00 HOURS, on the 6th day of February , 2002 at 165 15TH STREET NEW CUMBERLAND, PA 17070 by handing to DOUGLAS K. RESSLER, HUSBAND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of So Answers: R. Thomas Kline 02/07/2002 MICHAEL BANGS ~ By: ~ f~puty Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2002-00577 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ANDERSON GERALD W SR VS RESSLER DOUGLAS K JR ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RESSLER DOUGLAS K JR the DEFENDANT , at 1744:00 HOURS, on the 6th day of February , 2002 at 165 15TH STREET NEW CUMBERLAND, PA 17070 by handing to DOUGLAS K RESSLER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 02/07/2002 MICHAEL BANGS GERALD W. ANDERSON, SR. Plaintiff VS. DOUGLAS K. RESSLER, JR., and BRENDA S. RESSLER, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-577 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark the above-referenced matter settled and discontinued. Respectfully submitted, MICHAEL L. BANGS// Attorney for Plaintiff 302 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 Date: July 9, 2002