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HomeMy WebLinkAbout13-3391 Supreme Courtof ;Pennsylvania COUrt bf CoIIi MOa" T leas For Prothonotary Use Only: CIVII CDVIrI': S1118t Docket No: CUMRLAND County The igfonnolion collected on this firm is used solely for court administration purposes. This ferns does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of'court. Commencement of Action: S IT Complaint rl Writ of Summons © Petition E Transfer from Another Jurisdiction Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: LOGAN L. FOUTS WENDY J. POLITO I Are money damages requested? lE Yes 0 No Dollar Amount Requested: []within arbitration limits (check one) [Toutside arbitration limits N Is this a Class Action Suit? © Yes M No Is this an MDJAppeal? Yes [1 No A Name of Plaintiff /Appellant's Attorney: Wayne M. Pecht, Esquire 0 Check here if you have no attorney (are a Self - Represented [Pro Se[ Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS [E Intentional Buyer Plaintiff Administrative Agencies Malicious Prosecution Debt Collection: Credit Card Board of Assessment ® Motor Vehicle Debt Collection: Other Board of Elections Nuisance Dept. of Transportation Premises Liability ® Statutory Appeal: Other S Q Product Liability (does not include E mass tort) � Employment Dispute: Slander /Libel/ Defamation Discrimination C [ Other: [ Employment Dispute: Other Zoning Board T n Other: I 0 Other: O MASS TORT [ Asbestos N 0 Tobacco ll Toxic Tort - DES E] Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste ® Other: l� Ejectment 0 Common Law /Statutory Arbitration B Eminent Domain /Condemnation ll Declaratory Judgment [ Ground Rent [ Mandamus Landlord /Tenant Dispute ❑ Non - Domestic Relations n Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY Quo Warranto Mortgage Foreclosure: Commercial ll Dental [3 Partition ® Replevin El Legal Quiet Title [ Other: Q Medical 0 Other: _ Other Professional: Updated 1/1/2011 l q l J iE PP, IitJ14' Tttl� Pecht &Associates, PC Wayne M. Pecht, Esquire (;U� RL CO PAID No.: 38904 PENNSYLVANIA Bleecher, Esquire PAID No.: 32594 650 North Twelfth Street Suite 100 Lemoyne, PA 17043 (717) 691 -9808 - Telephone 717 - 695 -6550 - Facsimile Attorneys for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION — LAW and IN EQUITY LOGAN L. FOUTS and HANNAH M. FOUTS, a minor, by and through her parent and natural guardian, Todd M. Fouts, Plaintiffs V. C ul l WENDY J. POLITO, individually, and in her capacity as Executrix of the Estate of Christine L. Fouts, deceased, and KEITH POLITO, Defendants NOTICE TO DEFEND 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 AN 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 FORC 1 C4, , i 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1- 800 - 990 -9108 717 - 249 -3166 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defende se de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de partir de la fecha de la demanda y la notifcacion. Usted debe presentar una apariencia escrita o en persona o por abodago y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y peude entrar una orden contra usted sin previo adviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda . Usted puede perder dinero o sus propiedades o ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENT ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 1701.3 -3308 717 - 249 -3166 PECHT ASSOCIATES, PC June 11, 2013 Wayne . Pecht, Esquire PA. I.D. No. 38904 Rob Bleecher, Esquire PAID No.: 32594 650 North Twelfth Street Suite 100 Lemoyne, PA 17043 Telephone: (717) 691 -9808 Facsimile (717) 695 -6550 Attorneys for Plaintiff Pecht & Associates, PC Wayne M. Pecht, Esquire PAID No.: 38904 Rob Bleecher, Esquire PAID No.: 32594 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 Telephone: 717- 691 -9808 Facsimile: 717 -695 -6550 wpecht @pechtlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION — LAW and IN EQUITY LOGAN L. FOUTS and HANNAH M. FOUTS, a minor, by and through her parent and natural guardian, Todd M. Fouts, Plaintiffs V. No. WENDY J. POLITO, individually, and in her capacity as Executrix of the Estate of Christine L. Fouts, deceased, and KEITH POLITO, Defendants COMPLAINT NOW COME Plaintiffs, by their attorneys, Pecht & Associates, PC, and make the following Complaint against Defendants: 1. Plaintiff Logan L. Fouts is an adult individual, currently residing at 84 Hillside Road, Mechanicsburg, PA 17050. 2. Plaintiff Hannah M. Fouts is a minor, represented in this matter by her father, both of whom currently reside at 84 Hillside Road, Mechanicsburg, PA 17050. 3. Defendant Wendy J. Polito is an adult individual currently residing at 102 Bellows Court, Lewisberry, PA 17339 and is married to Defendant Keith Polito. 4. Defendant Keith Polito is an adult individual, currently residing at 102 Bellows Court, Lewisberry, PA 17339 and is married to Defendant Wendy J. Polito. 5. Plaintiffs' mother, Christine L. Fouts, died on April 17, 2012. 6. At the time of her death, Christine L. Fouts was divorced from Todd M. Fouts, Plaintiffs' father. 7. On April 20, 2012, Christine L. Fouts' Will was probated, and Letters Testamentary were issued to Defendant Wendy J. Polito. 8. Almost immediately upon being appointed Executrix of Decedent's estate, Defendant Wendy J. Polito refused to allow Plaintiffs to enter the property at 5201 Deerfield Avenue, Mechanicsburg, PA 17050, which was their home. 9. Defendants changed the locks on said property and refused to provide Plaintiffs with a key. 10. Plaintiffs called and e- mailed Defendants on numerous occasions to obtain entry to their home. 2 11. On one occasion, Plaintiff Logan L. Fouts wanted to wear some of her mother's jewelry to her senior prom. 12. Defendant Wendy J. Polito refused to turn over the jewelry to Logan L. Fouts. Defendant even claimed the jewelry was in a box she had previously given to Plaintiff Logan L. Fouts. However, the box did not contain the jewelry. 13. On at least two occasions, Plaintiff Logan L. Fouts went to the residence when the Defendants were present, and Defendants reduced her to tears with threats and intimidation. 14. Subsequently, counsel for Plaintiffs was able to obtain access to 5201 Deerfield Avenue property for Plaintiffs. 15. When Plaintiffs arrived at the property to retrieve items owned by them, Defendants had arranged for an armed constable to be present, in order to intimidate Plaintiffs. 16. At that same meeting, Defendants refused to turn over a motorized scooter belonging to Plaintiff Hannah M. Fouts. 17. Subsequently, through negotiation with counsel for Defendants, the scooter was turned over to Plaintiffs. 18. Defendants have refused to provide ongoing information concerning the property owned by Christine L. Fouts at the time of her death. 19. A review of the records in the Register of Wills office indicates that Plaintiff Wendy J. Polito, in her capacity as Executrix of the Estate 3 of Christine L. Fouts, deceased, filed a certification indicating that she had provided notice as required by Pennsylvania Orphans' Court Rule 5.6 to each of Plaintiffs. 20. In fact, no such notice was provided to either of the Plaintiffs. 21. At the time of her death, Christine L. Fouts was the owner of a life insurance policy on her own life in the amount of $150,000, which by the Marital Settlement Agreement was required to name the Plaintiffs as beneficiaries. 22. During her lifetime, and in violation of the Marital Settlement Agreement, Christine L. Fouts changed the beneficiary designation to Defendant Wendy J. Polito. 23. Within fifteen (15) days of the death of Christine L. Fouts, Defendant Wendy J. Polito made a claim for the life insurance proceeds of said policy. 24. Defendant Wendy J. Polito eventually received the proceeds of said policy. 25. When Plaintiffs indicated to Defendants that the money was rightfully theirs under the Marital Settlement Agreement, Defendants agreed to turn the money over to the Plaintiffs. 26. Because the Estate had little cash, Plaintiffs agreed to allow the Estate to retain $13,015.17 in order to pay for their mother's funeral. 4 27. Plaintiffs' mother owned three categories of personal property which Plaintiffs would like to have to remember their mother by, namely the collection of seven (7) Byers Choice Christmas carolers (ceramic), seven (7) place settings of Lenox Citation Gold 5 -piece place settings, and various pieces of jewelry. 28. Plaintiffs believe there was an agreement with Defendant Wendy J. Polito that they were to receive these items in exchange for payment to the estate in the amount of $13,015.17 through allowing the Estate to retain money for payment of the funeral expense. 29. Defendants assert that they have possession of the above stated personal property items. 30. On the Inheritance Tax Return as filed by Defendant Wendy J. Polito, as Executrix, these items are valued collectively at $2,881.50. 31. On the Inheritance Tax Return, Defendant Wendy J. Polito claimed an Executor's Fee of $3,527.45, but claims the estate is insolvent. 32. On the Inheritance Tax Return, Defendant Wendy J. Polito claimed a Family Exemption, naming Logan and Hannah Fouts as claimants in the amount of $2,881.50. 33. Because of Defendant Wendy J. Polito's misfeasance and malfeasance in the handling of the estate, Plaintiffs believe and therefore aver that the estate is now insolvent. 5 COUNT I — REPLEVIN 34. Paragraphs 1 through 33 of Plaintiffs' Complaint are hereby incorporated as though more fully set forth at length. 35. Defendants are in possession of items of personal property, namely the collection of seven (7) Byers Choice Christmas carolers (ceramic), seven (7) place settings of Lenox Citation Gold 5 -piece place settings, and various pieces of jewelry, which rightfully belong to Plaintiffs. 36. Defendants have refused and continue to refuse to turn over said items to Plaintiffs. 37. Plaintiffs are entitled to have sole, absolute, and unfettered possession of these items. 38. These items are irreplaceable and non - fungible, because they belonged to Plaintiffs' deceased mother, played a role in the childhoods of Plaintiffs, and have irreplaceable sentimental value. WHEREFORE, Plaintiffs respectfully request this Honorable Court to order Defendants to turn over these items to Plaintiffs immediately and without condition. 6 COUNT II INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 39. Paragraphs 1 through 38 of Plaintiffs' Complaint are hereby incorporated as though more fully set forth at length. 40. Since the death of Plaintiffs' mother, Defendants have engaged in a pattern of conduct which was intentional and which is intended to cause Plaintiffs severe emotional distress in the following particulars: a. Defendants refused to allow Plaintiffs to access their own home, after their mother's death. b. Defendants refused to allow Plaintiffs to remove property belonging to Plaintiffs, including their clothing, from their own home. c. While Plaintiffs were in their presence, Defendants attempted to intimidate Plaintiffs and on several occasions caused Plaintiffs to cry as a result of Defendants' snide comments made about the Plaintiffs' mother and father. d. When Plaintiffs visited their mother's grave on Christmas and on her birthday, Plaintiffs discovered handwritten notes directed to them from one or both Defendants, containing negative language designed to mentally and emotionally damage 7 Plaintiffs. Said notes are attached hereto as Exhibits "A" and "B" and are incorporated herein by this reference. 41. Defendants overall course of conduct was designed for the sole purpose of intentionally causing harm, mentally and emotionally, to Plaintiffs. 42. Defendants course of conduct had no legitimate purpose. 43. Defendants' intentional conduct as noted above, was egregious and caused Plaintiffs sleepless nights and bad dreams, made them nervous and agitated regarding their deceased mother, and has caused lingering emotional problems. 44. Defendants' conduct was the direct and proximate cause of Plaintiffs' injuries. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter judgment in favor of Plaintiffs and against Defendants in an amount, including punitive damages, that is in excess of jurisdictional limits requiring arbitration of this matter, and to order Defendants to cease and desist the actions designed to cause emotional distress to Plaintiffs. COUNT III — CONVERSION 45. Paragraphs 1 through 44 of Plaintiffs' Complaint are hereby incorporated as though more fully set forth at length. 46. Upon the death of Plaintiffs' mother, Defendants allegedly started a fund, to which third parties could make donations, and which 8 Defendants represented was to benefit Plaintiffs only. A copy of a flyer identifying the fund, which was distributed at Plaintiffs' mother's funeral service, is attached hereto as Exhibit "C" and incorporated herein by reference. 47. At least one of the Plaintiffs' friends made a donation to this fund. A copy of the donation check stub is attached hereto as Exhibit "D ", and incorporated herein by this reference. 48. Several times, Plaintiffs' counsel has requested that any monies collected by Defendants for the fund be turned over for the benefit of the Plaintiffs. 49. Several times, Plaintiffs' counsel has asked for an accounting of the monies collected by this fund. 50. Despite all of these requests, Defendants have refused to turn over any money and have refused to provide an accounting of the same. 51. The money donated to the fund was intended solely to benefit Plaintiffs. 52. Defendants have no right to withhold said money or to keep said money for themselves which they are apparently doing. WHEREFORE, Plaintiffs respectfully request this Honorable Court to order Defendants to provide an accounting of all monies collected by them or their agents under the guise that the monies were for the benefit of the 9 Plaintiffs, and to order Defendants to turn over said money to Plaintiffs immediately and without condition. COUNT IV — FRAUD 53. Paragraphs 1 through 52 of Plaintiffs' Complaint are hereby incorporated as though more fully set forth at length. 54. Upon the death of Plaintiffs' mother, Defendants allegedly started a fund, to which third parties could make donations, and which Defendants represented was to benefit Plaintiffs only. A copy of a flyer identifying the fund, which was distributed at Plaintiffs' mother's funeral service, is attached hereto as Exhibit "C" and incorporated herein by reference. 55. At least one of the Plaintiffs' friends made a donation to this fund. A copy of the donation check stub is attached hereto as Exhibit "D ", and incorporated herein by this reference. 56. Several times, Plaintiffs' counsel has requested that any monies collected by the fund be turned over for the benefit of the Plaintiffs. 57. Several times, Plaintiffs' counsel has asked for an accounting of the monies collected by this fund. 58. Despite all of those requests, Defendants have refused to turn over any money and have refused to provide an accounting of the same. 10 59. The money donated to the fund and collected by Defendants for the fund was intended solely to benefit Plaintiffs. 60. Defendants have no right to withhold said money or to keep said money for themselves. 61. Plaintiffs believe, and therefore aver, that Defendants intentionally defrauded those persons making donations to benefit Plaintiffs, and intend to keep the money for their own benefit. 62. Plaintiffs are entitled to recover all money from Defendants that Defendants collected under the guise that the money was to be used for the benefit of Plaintiffs and to recover punitive damages from Defendants, due to the intentional and fraudulent nature of their actions. 63. Defendants conduct was the direct and proximate cause of the fraud. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter judgment in their favor and against Defendants in an amount to be determined, including attorney's fees, costs of suit, and punitive damages. COUNT V — BREACH OF FIDUCIARY DUTY Plaintiffs vs. Wendy J. Polito, Executrix 64. Paragraphs 1 through 63 of Plaintiffs' Complaint are hereby incorporated as though more fully set forth at length. 11 65. As Executrix of the Estate of Christine L. Fouts, deceased, Defendant Wendy J. Polito has a fiduciary duty to Plaintiffs, who are the sole heirs of the estate. 66. Defendant Wendy J. Polito did not and has not kept Plaintiffs apprised of the administration process of the estate. 67. Defendant Wendy J. Polito has refused to turn over items that she knows belong to Plaintiffs. 68. Defendant Wendy J. Polito wrongfully represented to the Court that Plaintiffs had received Notices of Beneficial Interest under Orphans' Court Rule 5.6 when, in fact, Plaintiffs did not receive the Notice. 69. Plaintiffs believe and therefore aver that Defendant Wendy J. Polito did not take appropriate steps early in the administration of the estate to minimize the debts and financials obligations of decedent as she was required to do as Executrix of the estate. 70. Plaintiffs believe and therefore aver that Defendant Wendy J. Polito has taken action not in the best interests of Plaintiffs, in violation of her fiduciary duty. 71. Defendant's conduct was the direct and proximate cause of the breach of fiduciary duty. 12 WHEREFORE, Plaintiffs respectfully request this Honorable Court to direct Defendant Wendy J. Polito to account for her actions while serving as Executrix of the Estate of Christine L. Fouts, deceased. Respectfully submitted, PECHT & ASS O IAT S, Wayne A Pecht, Esquire PAID No. 38904 Rob Bleecher, Esquire PA ID No. 32594 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 Telephone: (717) 691 -9808 Facsimile: (717) 695 -6550 wpecht @pechtlaw.com Attorneys for Plaintiff 13 VERIFICATION I, Logan L. Fouts, one of the Plaintiffs herein, state that the averments contained in the foregoing pleading are true to the best of my knowledge, information and belief. Further, I am aware that any false statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: TIM 6 Loga L. Fo is VERIFICATION I, Todd M. Fouts, Parent and Natural Guardian of Logan L. Fouts and Hannah M. Fouts, minors, the Petitioners herein, state that the averments contained in the foregoing pleading are true to the best of my knowledge, information and belief. Further, I am aware that any false statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: *june J44 Todd . Fouts ' d 1 �F "s ± .. A w EXHIBIT s- s 1 r / +� e i � ` I m r 'YI . , ti •• , f 1 � � � r . , +,ter, ` / -•r �N�.� �• t /. •`. ' � v \/ � D .- `.",��• : `' sy�"/'i/t`Gttl��iy ,,+4 ( e.v,.i' "• e• � •.�.:,, /�i� i t f, , `l.; .• ,,�F. � ',y • ' t•: °= yam• � ��.�� � Even though we used to talk about the a mails that Todd was senaing you, I thought you might want to know we also read them. They are = ,� �t , `, ;� '; : • .��� harsh words to say to anybody and, I wish I could have convinced you tha 1 M.'a� 1w ,• �� • , Yl . r they weren't true. " .'�r + '� �.. � j �l ` ,:•�. ` ti` '�\'`!. + -�� -1� •, F i� You have so many friends that loved and cared about you. You were not z, '' . } '' °' 1 JY �� �� • �- '� I F ugly or selfish and nobody thought you were stupid, unsta _ Iqftoesperatf 9 > ,'•- ' ' ' �, f,�,' •- . • He mentioned that everyone in town knew about you and ouldn � —• ', •�: w _ •� a � ".s �„ .. -,. keep a job and that you had nothing. He mentioned that he the t •+ • �. �� �� �'' k�4 • �" ";, house and everything you owned. We all know this wasn' wen := ';�;' ��� k �' •� ,,` not a part time Mom, you were a wonderful full time mo t showef �+ :.'(. • , +� , and he would have never been granted full custody. a pretty boy as he refers to himself in the letter, that's clear t ou did not •�, �'F -` .x ~ k'``= �,�� ' age by 15 years nor did anybody else think you did. Y not ugly '` °�, •• .► " - • 4.1 f �� • �'~ -� inside and out, you were abeaut(ful and charming. I j could have convinced you. R � +%% IIT1' 14' �• ; i, * ? s He cheated on you three times and everyone knouts "W It won't stop r� �t. .- •�` R c ;� • there. They also know that he's a' ta ker' and ne:veFOK'W back. Who: • "• � � 1, •�� r ' � • -. , l � .'r + : A,'. supported who, while he sold paint and tried to be somebody he's not. Everyone knows his Bimbo is a dirty girl and that she's ugly and will alway •g " �,• .z . ` -��''' " be a cheater just like him. He never forwarded the email that he sent to you about your friends and that they were dirty girls too because of their ' t /' - ` ' �, � �', R� /�� • ,_+ , yt ,�4 ' ' �•: �r ••. �,� , pastor mistakes ... that was just another threat. I'm told they continue to . �'. try, to call attention to themselves among others but the community has r ,� , �- ' : <- _,;, • `• Al teem figured out and they only tolerate them for the children's sake. The. .� r • - .� ', � ; joke Is that they drive expensive vehicles and live in a chinzy house but, kti 1 �� ` •'•�, rd� ' " "� `��` _3' they still think they have it all. Someone mentioned his Bimbo's bangs ani big teeth, and that still makes me laugh! Ha If these things would have never been said, we would still have you today Christine Fouts Memorial Fund To Benefit Logan & Hannah c/o Sovereign 99 Old Fork Road New Cumberland, PA 17070 EXHIBIT CHECK SUN MOTOR CARS, INC. CONTROL NO. 101286 ISSUED BY: ROXANNE_FLOTO MECHANICSBURG, PA 17050 PAGE 1C INVOICE INVOICE. PURCHASE DISCOUNT/ NET COMMENT /W.N... AMOUNT .: ACCOUNT NO.. AMOUNT STOCK NO.:..` DATE ;ORDER NO:::;::. ...::.:. :.........: 052312 DONATION 1,000.00 101286 20200 — 1,000.00 6600 333.34 1003 22000 333.33 4434 22000 333.33 TOTAL 20200 1,000.00 DETACH AT PERFORATION BEFORE DEPOSITING CHECK REMITTANCE ADVICE G) SUN MOTOR CARS, INC. (�1 6677 CARLISLE PIKE DAUPHIN DEPOSIT MECHANICSBURG, PA 17050 HARRISBURG, PENNSYLVANIA 1012 8 6 60.631313 Mercedes -Benz PHONE: 717-691-3333 DATE PAY THIS AMOUNT AMOUNT OF CHECK 23MAY12 * * * * * * *1, 000 DOLLARS 00 CENTS ******1,000.00 z SUN MOTOR CARS, INC. Rs TO CHRISTINE FOUTS,:- P?M6J.IA * * * * * * * * * * * * * * * * * * * * ** THE „ ,:.Ft .R ORDER C/O SOVERE IGN <'t "" 71 NOT NEGOTIABLE * ** OF B, EXHIBIT pm BR PA 17070 AUTHORIZED SIGNATURE { fi SHERIFF'S OFFICE OF CUMBERLAND COUNTY,, Ronny R Anderson [i% � pUr F/Cr Sheriff � � a4 L'"ifaf�brr���s� �#-- P �.�. f .y. Jody S Smith Chief Deputy 2913 JUL 16 AM q. Richard W Stewart BEhAND Solicitor OPFICE OF THE s IrF pe:NNS -SAP lq, 4 i I Logan L Fouts Case Number vs. i 2013-3391 Wendy J Polito (et al.) N I SHERIFFS RETURN OF SERVICE 06/1212013 Sheriff Ronny R Anderson, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: Wendy J Polito, but was unable to locate the Defendant in the Sheriffs bailiwick:The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint&Notice according to law. 06/12/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Keith J Polito, but was unable to locate the Defendant in the Sheriff's bailiwicks The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint&Notice according to law. 07/03/2013 03:05 PM-The requested Complaint&Notice served by the Sheriff of York County upon Keith J Polito, personally, at 102 Bellows Court, Lewisberry, PA 17339-9646. Richard P. Keuerleber, Sheriff, Return of Service attached{to and made part of the within record. 07/03/2013 03:05 PM-The requested Complaint&Notice served by the Sheriff of York County upon Keith Polito, Husband of defendant, who accepted for Wendy J Polito, at 102 Bellows Court, Lewisberry, PA 17339-9646.Richard P. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $53.00 SO ANSWERS, July 10, 2013 RONW R ANDERSON, SHERIFF I fi i I I i I f" 1 fi (c)CountySuite Sheriff,Teleosoft.Inc, 1 , SHERIFF'S OFFIbE OF YORK COUNTY Richard P Keuerleber PETER J.MANGAN,ESQ. Sheriff Solicitor Reuben 8 Zeager Richard E Rice,11 Chief Deputy, Operations Chief Deputy,Administration LOGAN L. FOUTS(et al.) Case Number vs. 13-3391 CIVIL WENDY J. POLITO(et al.) SHERIFF'S RETURN OF SERVICE 07/03/2013 03:05 PM-DEPUTY MICHAEL S. ECKARD, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN EQUITY(CIEQ)AND NOTICE BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE KEITH POLITO, HUSBAND, WHO ACCEPTED As "ADULT PERSON IN CHARGE" FOR WENDY J. POLITO AT 102 BELLOWS COURT, LEWISBERRY, PA 17339-9646. 07/03/2013 03:05 PM-DEPUTY MICHAEL S. ECKARD, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN EQUITY(CIEQ) AND NOTICE BY"PERSONALLY'HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: KEITH J. POLITO AT 102 BELLOWS COURT, LEWISBERRY, PA 17339-9646. SHERIFF COST $53.60 S S, July 08,2013 RICHARD P KEUERLEBER, SHERIFF _-COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheila E.Cook Notary Public City Of York,York County MY COfnmWM Expires Feb-1,2017 wms PENNSYLVANIA ASSOCIATION Of NOTARIES -------------------------- ------------ ---------------------------------------------- ----- --------- ---------- - ------ -------- NOTARY Affirmed and subscribed to before me this 8TH day of JULY 2013 (c)CountySuite Sheriff,Teleosoft,Inc. LOGAN L. FOUTS and IN THE COURT OF COMMON PLEAS HANNAH M. FOUTS, a minor CUMBERLAND COUNTY, PENNSYLVANIA By and through her parent and Natural guardian,Todd M Fouts, Plaintiffs CIVIL ACTION at LAW V. Civil No. 13-3391 WENDY J. POLITO, individually, and in her capacity as Executrix of the Estate of Christine L. Fouts,deceased, JURY TRIAL DEMANDED' M 3 MF and KEITH POLITO Defendants C:) CD C) CJ NOTICE >� 1--a TO PLAINTIFFS NAMED HEREIN: YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED COUNTERCLAIM WITHIN TWENTY(20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Date:—/�- , R. Mark Thomas,Esquire Attorney for Defendants ID# 41301 101 S. Market St. Mechanicsburg,PA 17055 717-796-2100 LOGAN L. FOUTS and IN THE COURT OF COMMON PLEAS HANNAH M. FOUTS, a minor CUMBERLAND COUNTY, PENNSYLVANIA By and through her parent and Natural guardian, Todd M Fouts, Plaintiffs CIVIL ACTION at LAW V. Civil No. 13-3391 WENDY J. POLITO, individually, and in her capacity as Executrix of the Estate of Christine L. Fouts, deceased, JURY TRIAL DEMANDED and KEITH POLITO Defendants DEFENDANTS ANSWER TO PLAINTIFFS COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. By way of further answer, Christine L,Fouts died in her home as the result of t a self-inflicted gunshot. 6. Admitted. By way of further answer, Todd Fouts and Christine L. Fouts, deceased,had recently concluded a long and contentious divorce. 7. Admitted. 8. Denied. For a few days following the death of Christine L. Fouts, deceased, her residence was considered a crime scene. Defendant herself was not allowed in except with 1 police. Further, locks were changed at the recommendation of the police. Plaintiffs entered the property with Defendant within one (1) week of Defendant's appointment as executor. Defendant advised Plaintiffs that she would give them access to the residence whenever they requested, but that Defendant wanted to be there with them. 9. Denied. Due to the number of people who did, or might have keys to the residence, Defendant was advised by the police to change the locks. Plaintiffs never requested a key, but even if they had, Defendant would not have given them one. Defendant did not feel comfortable giving a 17 year old girl and her friends access to the house without Defendant being present. 10. Admitted. By way of further answer, on each occasion, Executrix agreed to meet them and allow them to go in. There were a few occasions when plaintiffs cancelled, at the last minute, or simply failed to be there as agreed upon. 11. Denied. Logan requested that Defendant allow Logan to have her mother's jewelry box which Defendant gave to her. 12. Denied. Logan, upon discovering that her mother's wedding ring was not'in the box, called Defendant to complain that the wedding ring was not in the box. Defendant advised Logan that the wedding ring was in her mother's safe and advised Logan she was not going to give the wedding ring to Logan to wear to the prom. 13. Denied. To the best of Defendant's recollection, Logan was crying and upset when she arrived at the residence. Logan lashed out at Defendant without cause. Further, Defendants understood Logan's emotional turmoil and wanted to help her, however, they were not going to 2 give her, and most likely her friends, unfettered access to the residence which still contained all ; of her mother's personal property. 14. Denied. Prior to Plaintiffs obtaining counsel, they were given access to the premises whenever they requested it. This continued after they obtained counsel, This access continued despite the threatening actions of Plaintiffs' counsel. 15. Admitted in Part; Denied in Part..Admitted that a constable was present, but only because Plaintiffs' counsel had insisted on being.present. Based upon untrue accusations and threats counsel had made against Defendants, they wanted an independent third party present for when counsel would be in the residence. 16. Denied. The scooter was available, Plaintiffs and there counsel simply left it there. Much later, Defendant, Wendy Polito notified Plaintiffs' counsel that the scooter was still at the residence and asked that it be removed. Further, Plaintiffs' counsel was advised that if the scooter was not removed it would be sold, or otherwise disposed of. 17. Denied. There was no negotiation. Simply put, arrangements were made for Plaintiffs to retrieve the scooter. .18. Denied. Every request for information made by Plaintiffs regarding the estate was answered fully and:completely. 19. Admitted. 20. Denied. Plaintiffs were sent proper notice by certified mail on July 10, 2012. For reasons unknown to Defendant, Wendy Polito, Plaintiffs never claimed the certified mail. 21. Admitted. 3 3 1. Admitted. By way of further answer,a significant part of that fee resulted from hours of time needed to seek advice and respond to false allegations from Plaintiffs and threats from their 32. Admitted. 33. Denied. This estate was clearly insolvent from the beginning. Decedent had used most of her assets,plus obtained substantial loans to litigate the divorce case involving Plaintiffs' father,Todd Fouts. The only liquidated assets were personal belongings of decedent. There was an IRS refund in the amount of$ 1,194.00,which is listed on the inheritance tax return. COUNT I—REPLEVIN 34.No answer required. 35. Denied. Denied to the extent that these items rightfully belong to Plaintiffs. These items belong to the decedent's estate. Defendants have twice offered to give these items to Plaintiffs, but Plaintiffs have refused. Plaintiffs' actions and continuous threats leave Defendant with no alternative other than to have a formal accounting prepared and filed for Defendant's protection. Additionally,Plaintiffs have filed this fiivolous action causing the need for additional legal expenses. The value of the items previously offered to Plaintiffs is being consumed by all additional fees and costs incurred at the insistence of Plaintiffs. 5 36.Denied. On at least two prior occasions Defendant has sought to return these items to Plaintiffs,but they have responded with threats of legal actions which have no basis in fact. 37. Denied. This allegation is a conclusion of law to which no response is required. Further, due to the ongoing litigation, Plaintiffs are putting Defendants at substantial risk of legal fees and costs,which if Defendant successfully defends,will be costs fairly chargeable to the estate. These estate items are the only items of value which can be utilized to pay a portion of Defendants fees defending this action. 38. Admitted in part; Denied in part. Defendant does not dispute the value Plaintiffs place on the items. Further,Defendant has sought to give Plaintiffs these items only to be threatened with a lawsuit which has now come to fruition. WHEREFORE,Defendants pray this Honorable Court will enter judgment in favor of Defendants and against Plaintiffs on this count. COUNT 11—INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 39. Not response required. 40. (a.-d.) Denied. These allegations allege conduct of Defendant that has previously been denied herein. Further, Defendant admits writing notes and leaving them at her sister's grave. These notes were never intended for Plaintiffs and were enclosed in envelopes. Defendant never 6 expected that Plaintiffs would open these envelopes and read the notes. These notes were person to Defendant, Wendy Polito. 41. Denied. This allegation is absurd. Prior to Plaintiffs obtaining counsel, Defendants had a warm, caring and loving relationship with Plaintiffs. Defendants never sought to cause any harm to Plaintiffs. 42. Denied. To the extent the "course of conduct"is that referred to in paragraphs 40 and 41 of Plaintiffs' complaint. That conduct never occurred in the manner described by Plaintiffs. 43. Denied. Any emotional harm suffered by Plaintiffs resulted from a lengthy and ugly divorce conducted in the presence of Plaintiffs. Additionally, Plaintiffs were further injured emotionally when their mother chose to take her life. 44. Denied. Defendants have no knowledge or information, following reasonable investigation to either affirm or deny this allegation. Therefore, same is denied and strict proof thereof demanded at time of trial. WHEREFORE, Defendants pray this Honorable Court will find in favor of Defendants and against Plaintiffs on this count. 7 COUNT III- CONVERSION 45.No response required. 46. Admitted. 47. Admitted. 48. Admitted. Only that Plaintiffs' counsel requested this money be turned over to Plaintiffs. It is denied that Defendant Wendy Polito was obligated to turn these funds over to Plaintiffs until such time as Defendant Wendy Polito determined that no additional donations would be received and the account closed. 49. Admitted. 50. Denied. The account has been closed and the funds released to Plaintiffs. 51. Admitted. 52. Denied. The account was established by Defendant Wendy Polito for the benefit of the Plaintiffs. It is and was up to Wendy Polito to determine when the account would be closed and the monies distributed for the benefit of Plaintiffs. WHEREFORE,Defendants pray this Honorable Court will find in favor of Defendants and against Plaintiffs on this count. COUNT IV—FRAUD 53:No response required. 54. Admitted. 55. Admitted. 8 56. Admitted. 57. Admitted. 58. Denied. The account has now been closed and the monies distributed for the benefit of Plaintiffs. 59. Admitted. 60. Admitted. 61. Denied. To the extent that Plaintiffs have evidence other than mere unfounded conjecture, Defendants demand strict proof thereof at time of trial. 62. Denied. This allegation is a conclusion of law to which no responsive pleading is required. 63. Denied. This allegation.is a conclusion of law to which no responsive pleading is required. WHEREFORE, Defendants pray this Honorable Court will find in favor of Defendants and against Plaintiffs on this count. COUNT V. - BREACH OF FIDUCIARY DUTY Plaintiffs vs. Wendy J. Polito, Executrix 64.No answer required. 65. Admitted. 66. Denied. Defendant has kept Plaintiffs' counsel advised throughout the process. 9 67. Denied. Defendant has on at least two occasions offered to turn these items over to Plaintiffs only to be threatened with frivolous litigation regardless of whether she turned these items over to Plaintiffs. Further, these items were the only items of value remaining in the estate. Since offering these items to Plaintiffs,the estate has incurred legal fees and additional executor commissions caused by Plaintiffs and their counsel, which now exceed the value of these items. 68. Denied. Defendant, attempted to provide notice by certified mail which was never claimed by Plaintiffs, or their father. 69. Denied. Defendant has no knowledge, information or belief as to any actions she could have taken to minimize debts or financial obligations of the estate. To the extent Plaintiffs have evidence to support his allegation,production and proof of such evidence is demanded at time of trial. 70. Denied. Defendant has no knowledge of any action she took, or did not take, which was not in the best interests of Plaintiffs. Strict proof thereof is demanded at time of trial. 71. Denied. This allegation is a conclusion of law to which no responsive pleading is required. WHEREFORE, Defendants pray this Honorable Court will find in favor of Defendants and against Plaintiffs on this count. 10 NEW MATTER 72. The answers and responses set forth in paragraph 1 through 71 are incorporated herein as if set forth at length. 73. For most of 2010 through 2012, Christine Fouts,the deceased mother of Plaintiffs, was involved in a bitter and contentious divorce with Plaintiffs father, Todd Fouts. 74. The bitterness and anger inflicted upon the Fouts family, including the Plaintiffs, is evident by the contents of written communications between the parents during and after the divorce. 75. Numerous emails indicated that the hatred and condemnation expressed therein was shared with Plaintiffs. 76. On April 16, 2012, Christine Fouts, decedent purchased a handgun, and on April 17, 2012, died from a self-inflicted gunshot. 77. In her Last Will and Testament, Christine Fouts, deceased, appointed Defendant, Wendy Polito, her sister, as executrix. 78. Prior to her death, Christine Fouts, deceased, had named Defendant, Wendy Polito as beneficiary of her$150,000.00 life insurance policy. 79. Defendant, Wendy Polito had no knowledge of the contents of the Marital Settlement Agreement and its reference to life insurance proceeds. 80. The estate of Christine Fouts had very little in the way of liquid assets. Overall,the estate was insolvent in that there were no funds to pay$264,065.11 of debt owed by the estate. 11 81. Defendant, Wendy Polito filed a claim on the life insurance policy and used some of the proceeds to pay the funeral expenses. 82. Throughout the first 3 months following the death of Christine Fouts, Plaintiffs and Defendant, Wendy Polito, communicated frequently by phone,text messaging, and in person. 83. Attached as Defendant's Exhibit"A"are copies of the text messages showing the loving and caring nature expressed in these text messages, which is a fair representation of all communications between Plaintiffs and Defendant, Wendy Polito. 84. For reasons unknown to Defendants, Plaintiffs obtained legal counsel to represent them in matters concerning their mother's estate. 85. Once counsel for Plaintiffs got involved, matters became more complicated with false accusations being made that Defendant, Wendy Polito was mistreating the girls and making their emotional and spiritual life more difficult. On other occasions Plaintiffs,through counsel, accused Defendant Wendy Polito of removing property of the estate to the detriment of Plaintiffs. 86. Despite assurances that Defendant, Wendy Polito had no knowledge or understanding of why these accusations were being made, and her expressed willingness to save whatever assets she could save for the benefit of Plaintiffs, a pattern of threats to remove her as executrix, along with implied threats of other litigation against her followed. 87. The need for legal advice in the face of these threats from Plaintiffs, over a period covering the last 17 months, plus the need to respond to a legal Motion and a frivolous Complaint filed by Plaintiffs,has caused Defendant, Wendy Polito to incur much greater legal expense and considerably more time trying to complete her duties as executrix,than would otherwise have been required. 12 88. Defendant Wendy Polito and her counsel agreed to reduce her commission and counsel's fees to preserve certain items for Plaintiffs. COUNTERCLAIM—COUNSEL FEES 89. The answers and responses set forth in paragraph 1 through 88 are incorporated herein as if set forth at length. 90. Plaintiffs have no facts upon which they rely to establish that Defendant, Wendy Polito has not properly performed her duties as executrix. 91. Plaintiffs have no facts to support a reasonable belief that there are, or could have been, any assets in the estate of Christine Fouts, deceased, other than those of which they have previously been advised. 92. Defendant, Wendy Polito has attempted to settle this estate without unnecessary delay and expense,but Plaintiffs have unreasonably resisted those attempts with demands,threats and now frivolous legal filings. 93. Plaintiffs have asserted claims and allegations which have no basis in facts. 94. Plaintiffs have unnecessarily caused legal fees and commissions to exceed the value of the estate assets, including the value of assets Defendant Wendy Polito had saved for the benefit of Plaintiffs. 95. Defendant, Wendy Polito has had to personally incur legal fees and devote considerable time to defending these legal actions which cannot be said to have been filed in good faith. 96. Throughout the handling of the estate, Plaintiffs have engaged in vexatious behavior through their counsel. 13 WHEREFORE, Defendant prays that this Honorable Court will grant judgment in favor of Defendants and against Plaintiffs on this counterclaim in an amount of the reasonable legal fees required to defend this action which has caused Defendants to incur unnecessary legal fees. Respectfully Submi ed, R. Mark Thomas, Esquire ID# 41301 101 S. Market St. Mechanicsburg, PA 17055 717-796-2100 rmarkthomaskgmail.com 14 VERIFICATION I verify that the statements made in the foregoing document are true and correct'to the best of my knowledge,information and belief. 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: ,Ali WENDY POLIT Defendant VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge,information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904,relating to unsworn falsification to authorities. f ff \ Date: 11lio�i� ,� kElIAWLITO, Defendant i t FTText-�messages with—.LG_GAN, Logan Wendy Date Time Message 4/18 7:54a yeah just woke up 4/18 7:56a yeah 4/19 8:41 a 1 love you aunt wendy 4/19 . 8:45a xoxo 4120 9:25a good morning. Ive been thinking about u a lot. I love you. 4/20 9:57a ok chuppies 4/20 1:11 mv dads? 4/20 1:15p It's 84 hillside rd. Mech PA 17050 4/20 1:21 p !'Il see u soon. Love you. I miss you. Tammy'bought us beautifulnecklaces. I'll have to show 4/20 9:29p utomorrow. I love it. 4/-20 .-9:36p yes she is. She has always been so loving towards us. I love.you too. 4/20 9:40p Thank you. I'll see you tomorrow. Goodnight love you. Yeah it made me really happy to see how many people care about Mom. I 4/21 11:57p knew she was special. 1 love you too. 4/22 4:23 Hi Aunt Wend How did it go at the house. It was nice to see a few things my dad brought 4/22 4:30 back. Oh good. I was worried she wasn't ready to go in today. But yeah you guys 4/22 4:37p of a lot. Well I was hoping I could t to et moms Pandora bracelet. 4/22 I'd real1 like to have it if its ossible. Xoxo Thank you so much Aunt Wendy. I guess I'm just a little scared things will be 4/22 4:47p removed and I wont know about it be I real) wanna be involved but if anyone had to be the supervisor of my moms stuff I;m glad its u! Pis 4/22 keep me involved. Thanks for understanding Aunt Wendy. I'm not trying to be difficult, I just 4/22 5:18p would like to know. I love you more! ok but I'm sure its already not easy for u either and I don't want to add to ur 4/22 5:25p stress. But I can help if u need it. I'd be happy to and thanks. We love you. 4/22 5:35 U'll always have me. And yes we will. Xoxo 4/22 5:40p I will. Enjoy the rest of ur night. 4/23 11:57a Hi Aunt Wendy. Hows ur day � oin ? 4/23 12.07p yeah I'll call u when I get done eating lunch. 4/23 2:11 p ok sounds good 4/23 2:16 p ok! Is there nything you need me to help with? And yeah I think about you 4/25 9:38p everyday. Love you too! 4/25 9:38 xoxo Exhibit `A school is my second priority right now. Family and mom come first to me. 14/25 9:44p Talk to you soon. 4/26 8:16a Thanks you too! Love you Hi! Sorry I missed your call last night. I was out at the voley ball game and 4/27 7:41 a then I went right to bed when I got home. Sorry. 4/27 But I hope u have a good day. 4/27 7:41 a xoxo Hi. If your not busy would me and u be able to go to lunch tomorrow 4/27 7:46a together? 4/27 4:49p ok! Yeah perfect :) 4/27 5:19p ok I love you. Hi Aunt Wendy. Whoever is meeting us at the house tomorrow, could you 5/2 7:58p bring moms 'ewlery box? I would like to have it. 5/4 5:11 p Thank you Hi Aunt Wendy. I thought today would work but I actually don't think it will. 1 5/6 10:03a have makeup work to still complete and an ap 5/6 exam Monday. Also Hannah has practice from 1-3. ok...no problem. Im still planning to go and will sort/separate some items we can go through another time. Good luck with your exam tomorrow..l;ll be 5/6 10:50a thinking about you. ILY...xoxo 5/6 10:51 a What else are u doing over there today? And thanks. Xoxo Just want to sort through boxes in the basement so that we can get togeher 5/6 11:02a later and decide what to keep. 5/6 11:08a ok 5/6 5:55p Where are moms wedding bands? 5/6 5:55p Have you seen them? 5/6 6:18p Yes...I have them in safe keeping for you and Hannah. 5/6 8:07p I wanted to make a pendant out of my moms diamond. 5/6 8:34p Once everything is settled we can talk about it. 5/6 8:49p What does that mean? 5/9 6:49p Are you available Saturday to come to the house with Hannah and your Dad? 5/9 6:56p I think so. Please let me know by Friday. Also you will need a large vehicle if you plan 5/9 6:58p on taking a lot of your things. 5/9 8:28p ok I will. 5/10 9:31 p I am able to go on Saturday 5/10 10:02p k...how about 12:30. Who else will be coming? Sounds good. Just me and then if Hannah wants to come too. We can only 5/10 10:06p stat until a little after 3 be of Hannahs softball game at 4 though. k...I hope Hannah can come too because there are a lot of games..toys, etc that we need to decide whether to keep or not. We have limited time to 5/10 10:10p make this all happen. 5/10 10:14 ok I'll talk to her. 5/12 11 1:58a On my way now. See you soon. Xo 5/12 11:59a ok sounds good xo 5/12 3:OOp Did you make it home? Xoxo 5/12 3:OOp yes I did. Sry 5/12 3:01 k...glad to know. Xoxo 5/13 11:22a Leaving to go see mom now. Have u gone yet? 5/13 11:39a Not yet but will be shortly. Who are you going with. 5/13 1Y-01p We are leving now. It was me and Hannah. 5/13 12:11p ok...hope you can stop by later today. 5/13 12:24 I'll let u know. We are going to lunch now so I'm not sure if we will be able to stop over. 5/13 1:24p Sor Aunt Wendy. 5/13 8:40p Hey Aunt Wendy. Did u receive the check for my moms life insurance? 5/14 7:33a Wey Logan...give me a call. 5/23 8:29p Hey Logan. Did you get my voice mail message? 5/23 9:36p Had a really busy day. Got your message. I'll call u tomorrow. 5/25 10:17p ye .....I'm still nervous about it. Lol 5/25 10:15p Wow it is growing big and fast 5/25 10:1 9p Ours looks the same size everydat but IK it'll take awhile to grow 5/25 10:20 I'd like to see your tree too. 5/25 10:21 p I'll show you sometime! 5/25 10:23p take a picture if you can. k...going nighty ni ht..xo 5/25 10:25p Ok goodnight sleep tight I never heard from you on Thursday so I wanted to let you know I will be at 5/26 9:30a the house until ap rox 1:00 today if you want to stop by for anything. xo 5/26 11:16a I'll be working but thanks. 5/31 4:20p I will be over at the house probably closer to 5:15 I will be at the house tomorrow until about 2:00. Any interest in comying by to 7/13 get anything? I also have several pieces of mail for you. 7/13 We are leaving tonight for our cruise Nice...ENJOY! I haven't heard from you and wasn't sure if there was 7/13 anything else you wanted from the house. How can I get your mail to you? Thanks. And the things on my floor in my room are the last things I have. And the computer the police took has all of my music. I would also like a few of my moms shirts that we had talked about for our teddy bears. That is it 7/13 then. I can get the mail when I get back. K..I spoke with the police dept yesterday and they haven't completed the investigation so I don't have the computer yet. The clothes have to be removed from the house before the auction. Will you have time next 7/13 Sunday? Ok and so Ur getting rid of them? And yes I think next Sunday will work We 7/13 will be back Friday. Yes, giving them to Goodwill. Sunday will be good. HAVE FUN on your 7/13 cruise. Can u please at least save at least her shirts until Sunday. I would really like 7/13 1 to have that teddy bear. And thank you. R7/13 ABSOLUTELY ...I will wait. Thank you so much. I appreciate it. No problem. XO XO I LOVE YOU! Love u too. I would also like my TV in my room to take to college for my dorm as well as 7/14 Hannah's. Thanks. 7/14 Sounds good! u r Text messages with.HANNAH Hannah'- - Wend ! ' Date Time Messaqe -- 3/20 8:40 Hiii aunt WanfiXI I re, ouuuuu! 4/14 11:48a Hehehhee u and he will 4/14 11:53a Thankss vot ii too-! Hope to see you soon! - 4114 11:54a More pics to come soon Got ur card! I made the balloons into a 13! Thank you! Can yu say thanks to uncle 4114 13:20 keith from me to lease! icture attached 4/14 4:07p Heehhhh! Thanks 4/14 7:24 D Outback gave me a birthday dessert (: (picture attached) 4/15 1,2:32p Thankss! p.s. that was from last night .AlIP nka i va 4/18 9:40a a 4/19 8:35a Mornin ! I love ou too! :o) --- 4/19 8:39a No xoxo 4/20 10:23a Mornin ! Thanks!!!! Xoxoxoxoxoxo Can't wait to see you! Tammy gave me and sisie a necklace that said I love you the 4/20 9:19 mostest with a guardian arnqel and half a heart! 4/20 9:38 Yeah it is! C a soon! Good ni ht! 4/20 9:51 Ni ht! Thanks c a tomorrow — - 4/20 9-53p Right back at ya : 4/22 12:04a Yes it was! Love u too! Xoxo 4/23 10:00 Hehe love v ou too! Xoxo 4/23 10:01 N000 xoxo 4/23 10:03 xoxoxoxoxoxoxoxoxoxoxoxo!! 4/23 9:52 Hi 900a lots of hw 4/23 9:57 Hehe : I know ri ht!!!!!! Brrr xoxo 4/24 8:32 Aunt Wendy! Guess what! 4/25 9:37 School was good. Figure what things out? LOVE YOU too! Xoxo 4/25 9:46 Ohhhh okay xoxoxoxoxoxoxoxooxoxox txt u later good ni ht : 4/25 9:59 xoxo--xoxo xoxoxoxoxoxoxoxooxoxoxoxoox 4/26 9:45 Hiiiiiii 4/26 9:47 (---++;-- --Ay for bed! How about you? 4/26 9:54 Yeah I call u in 5 mins 4/30 9:12 Oka I miss momm thou h h urs? Brb shower 4/30 9:39 That's good and no? 4/30 9:50 Haha ok miss u to nighty night xoxo 5/1 10:07 Oka : xoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxo night 5/1 _ 10:04 Oka ! Love o t00000!!!1111 5/1 10:16 Same ni ht! Xoxoxoxoxoxoxoxoxoxo - -- 5/1 9:59 Sor I didn't call had a softball game going to be! Call you after school tomorrow? 5/5 5:24 Love ou too xoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxooxoxoo 5/10 9:40 Love ou too xoxo 5/16_ 7:48 Miss ou too....xoxoxoxoxoxoxo 5/16 19:18p Yeah but I didn't qo Exhibit A ` a 1 5/16 9:21 p 11 had a doctors 5/16 19:24p I Haha yeah and okay 5/16 19:27p IYeah kinda xoxo 5/16 19:44p I Both and thanks(: going to bed love you good night xoxoxoxoxoxo 5/16 19:50p xoxoxoxoxoxoxoxooxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxo 5/20 8:01 p I Hi Honey girl.! 5/20 18:08p I Hi aunt wend y! 5/20 18:09p JWhatcha up to? 5/20 8:1 Op I Doing my homework 5/20 8:11p jAhhh...that's ood. How did you do in softball this weekend? Did you score? 5/20 8:15 p ]Yupp good I had a tournament and we won 4 and lost 11 scored a lot too! 5/20 18:16p JAwesome, Honey. Glad to hear you scored a lot. You had beautiful weathr. 5/20 18:17p IBTW.....pool is open and ready to go, It's about 73 degrees. 5/20 8:18 Ahhh I'm on my wa ! 5/20 8:21 p IHahaha a! : 5/20 8:21 p an't wait. I'll be at the door waiting for you. 5/20 18:22P ISeriously...when can you come? Any plans next weekend? Its Memorial day weekend so we get Monday as a 5/20 18:28p I holiday. 5/20 8:30p Okayy sounds good to meeee!!!!!! We received a THE OF LIFE in honor of Mommy and its dpoing great. Planning to 5/20 8:35p 1plant it outside eventually- icrture attached 5/20 8:36p Sorry ma be Saturda !? And I LOVE the tree!(: Okay—just let me know if you have a day open and maybe we could even do a 5/20 8:38 slumber party and invite a friend too. Ik......check your plans and let me know later this week. I LOVE YOU LOTS. 5/20 8:40 Xoxoxoxoxoxoxoxoxox Okie dokie smokey!!! Lovers uuuuuuuuuuu t00000000! 5/20 8:41 p Ixoxoxoxoxoxoxoxoxoxoxoxoxo, 5/20 8:43p Hahahahahahahhaaaa 5/20 18:43p After while crockadile! LOL xoxoxoxoxoxoxoxoxoxoxoxoxoxo 5/20 18:45p Silly girl.....:o 5/20 8:47p Hehe yu 5/20 8:47p Do you have a TV in your room? Channel 9 has music awards and Justin Bieber was on earlier and Kelly Clarkson 5/20 8:48p too. 5/20 8:49p Ohhhh ok thanks 5/20 8:49p Do you like Justin? 5/20 8:50p Ehhh sorrda kinda 5/20 8:51 P Oh....I thought he was a hit with the teen girls hahahahah 5/20 8:52p Ehh he used to be but bit with meeee! : 5/20 8:53p Not with me 5/20 8-53p He used to be.......WHAT? 5/20 8:54p 0000hhhhh Got it! :o 5/20 8:55p I meant eahhhhh 5/20 8:55p Hahaaaa teahhhhhhhhhhhhh 5/20 8:56p hehehe..hahahah...teeee.heeee xoxox Night night xoxoxoxo 5/20 8:57p Nighty ni httttt! XoxoxoxoxoxooxxoxooxoxoxoXOXOXOXOXOXOXOXOXOXOXO 5/20 9:00p Itouchxoxoxoxoxoxoxoxbxo 5/20 9:02p xoxoxoxoxoxoxoxooxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxoxo 5/25 10:03p Yuppppp 5/25 10:06p all weekend. 5/25 11 0:07p Okay y wilIll d0000! (: miss you too! Xoxo 5/25 10:08p miss you MORE! Xoxoxoxoxoxoxoxoxoxoxoxo 5/25 10:15p I doubt thatttftft!! 5/25 10:18p its trueeeeeeee! 5/25 10:24p hHehehheheheeeeeee(: 5/25 10:26 nighty n ght ILY xoxo 5/25 9:15p Update on the tree. Its beautiful! :o) (picture attached) 5/25 19:29P What I meant to say is that its beautiful just like Mommy. 5/25 9:37p It isss beautiful!!!! 5/25 9:49p yesereee! Any plans 11.1hits weekend? 5/25 9:54p Yupppp birthday party! Hbu?! 5/25 9:56p Not much.....just hangin around. Whos bdav part v. 5/25 9:57p A in on my softball team 5/25 9:57p ahhhh....nice honey. Is that tomorrow? 5/26 9:57p Me and you xoxoxoxo (picture attached) 5/26 10:50P Hahaha awhh I remember this! (: (picture attached) 5/27 7:40a I remember like it was yesterday. :o) xo 6/3 9.33p Hi Honey girl. I miss you xo 6/3 9:36p I think about you eve!y day! :o) 6/3 9:47:47p Miss you too. 6/3 9:49p Looking through my pics and found this one of you. Xo(picture attached) 6/7 8:13a _Enjoy your last day of school. Love you. Xoxoxoxoxoxoxoxo CERTIFICATE OF SERVICE I, R. Mark Thomas, Esquire, hereby certify that I have served a true and correct copy of the within document on the following person by depositing a true and correct copy of the same in the U.S. Mail at Mechanicsburg, Pennsylvania, First Class Postage pre-paid, addressed to: Wayne M. Pecht, Esquire 650 North Twelfth Street, Suite 100 Lemoyne, PA 17043 Date: R. Mark Thomas, Esq.