Loading...
HomeMy WebLinkAbout13-3689 Supreme Cout ofrPennsylvania COUrttf,Common,Pleas For Prothonotary Use Only: ftl�j, 0V,1il,�C.overjSheet Docket No: `ST \�4' w °' County ,3 36 �j The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Co encement of Action: S Complaint El Writ of Summons R Petition Transfer from Another Jurisdiction Q Declaration of Taking E+ C ,Lead Plaintiff's Name: Lea91,C-0te—efendant's Name: d1w T W0.L -�- Cir E/yes Amount Reque ted El within arbitration limits Are money damages requested? Eyes El No (check one) [3outside arbitration limits O N Is this a Class Action Suit? El Yes V No Is this an MDJAppeal? El Yes No A Name of Plaintiff/Appellant's Attorney: Check here if you have no attorney(are a Self-Represented [Pro Sel 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 t. El Intentional El Buyer Plaintiff Administrative Agencies Malicious Prosecution MF_ Debt Collection: Credit Card Q Board of Assessment E] .Motor Vehicle © Debt Collection: Other 0 Board of Elections ._0 Nuisance E] Dept.of Transportation M Premises Liability 0 Statutory Appeal:Other S E] Product Liability(does not include mass tort) Employment Dispute: V11 Discrimination N r [3 Slander/Libel/Defamation C El Other: Q Employment Dispute:Other El Zoning Board f 1 JZ Other: O MASS TORT Asbestos N Tobacco Q Toxic Tort-DES Q Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste El Ejectment E] Common Law/Statutory Arbitration BQ Other: El Eminent Domain/Condemnation Q Declaratory Judgment 0 Ground Rent 0 Mandamus El Landlord/Tenant Dispute Q Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY [3 Mortgage Foreclosure:Commercial 0 Quo Warranto i [] Dental El Partition El Replevin F' Legal ] Quiet Title Other: j't Q Medical Other: Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WALTER JACKSON HILL : C: Y; 522 Second Street "fly Carlisle, PA 17013 plaintiff No. i ✓ 3G �cl > " ca V - CRYSTAL NICOLE HILL `3 ; 14$A Street , Apartment 0 6 Carlisle, PA 17013 CIVIL ACTION— LAW defendant UNJUST ENRICHMENT 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 THE 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 OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE DEFENDANT. 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. MID PENN LEGAL SERVICES 401 E. Louther Street Suite 103 Carlisle, PA 17013 (717) 243-9400 Toll Free (800) 822-5288 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WALTER JACKSON HILL : 522 Second Street Carlisle, PA 17013 plaintiff No. v � 3 - 3� �� CRYSTAL NICOLE HILL 11q A Street Apartment 04D Carlisle, PA 17013 CIVIL ACTION— LAW defendant UNJUST ENRICHMENT COMPLAINT Plaintiff Walter Jackson Hill (Walter), through his attorney Joseph T. Sucec. Esq. Hereby files this Complaint against Defendant Crystal Nicole Hill for relief based on Unjust Enrichment, averring as follows: PARTIES 1 Walter Jackson Hill (Walter Hill) is an adult individual and current resident of the Commonwealth of Pennsylvania at the address cited in the caption. 2 Crystal Nicole Hill (Crystal Hill) is an adult individual and current resident of the Commonwealth of Pennsylvania at the address cited in the caption. OEPRATIVE FACTS 3 Crystal Hill is the mother of the following minor children: a Trimek Williams, dob 10-31-96 b LaShay Jones, dob 5/17/99 c Crystal Jones, dob 12/12/03 d Atayia Jones, dob 4/13/02 4 Walter Hill is the maternal uncle of all four children listed in paragraph 3 of this Complaint. 5 On or about October 1, 2012, Crystal Hill willingly and without coercion, brought Trimek Williams to Walter Hill's home, requesting that Walter Hill domecile Trimek Williams for an indefinite period. Walter Hill agreed to this request. 6 On February 13, 2013, a hearing was held before Hearing Master James D. Flower, Jr., during which Cumberland County Children and Youth Services requested that all four children so listed in paragraph 3 of this Complaint be placed in the custody of Walter Hill. Master Flower affirmed said request, which was in turn ratified by this Court. (see Attached Exhibits) 7 The temporary custody Orders signed by this Court subsequent to the February 13, 2013 remain in effect to the present day. 8 While receiving temporary custody of LaShay Jones, Walter Hill does not have physical custody to this date. LaShay Jones remains in county custody, for another matter unrelated to this action, and Walter Hill does not so request relief regarding LaShay Jones. 9 During and since the operative dates listed above, Walter Hill has provided total support (see Attached Exhibits for receipts from said support) for the three remaining minor children listed in paragraph 3 of this Complaint, including but not limited to: A Sustaining an increase in rent at his townhouse at 522 Second Street, Carlisle, PA in order to provide shelter for said children B Sustaining increases in utility bills for his townhouse at 522 Second Street, Carlisle, PA based on the presence of said children. C Sustaining an increase in his grocery bill in order to feed said children. D Providing any and all transportation service E Paying directly for the damage sustained to several walls in his townhouse at 522 Second Street, Carlisle, PA, as a direct result of the actions of one or more of the three minor children so described in paragraph 3 of this Complaint (not including LaShay Jones) 10 Despite numerous informal requests from Walter Hill for Crystal Hill to provide support for her children, Crystal Hill has refused, providing approximately $60 in groceries a single time on or about April 5, 2013. 11 Walter Hill has sustained approximately $1,500 in costs providing for Tremek Williams since October, 2012, and for Atayia Jones and Crystal Jones since reaching voluntary agreement with this Court February 11, 2013. COUNT 1- UNJUST ENRICHMENT 12 As a parent of minor children, Crystal Hill has a duty to provide support for her children, either through cash assistance or other means. 13 Neither Plaintiff nor Defendant has entered into a contract, written or oral with the other regarding child support; the duty conferred on Crystal Hill springs from her status as the natural parent of the four minor children named in paragraph 3 of this Complaint. 14 Walter Hill and Crystal Hill therefore have a quasi-contractual relationship regarding the care of Crystal Hill's minor children, 15 Unjust enrichment is a quasi-contractual doctrine based in equity which requires the following elements: a benefits conferred on defendant by plaintiff; b appreciation of such benefits by defendant; and c acceptance and retention of such benefits under circumstances that it would be inequitable for defendant to retain the benefit without payment of value. Wiernik v. PHH U.S. Mortgage Corp., 736 A.2d 616, 622 (Pa.Super.Ct.1999), appeal denied, 561 Pa. 700, 751 A.2d 193 (2000). 16 Walter Hill in supporting Crystal Hill's minor children, relieved her of her obligation to do so, conferring a benefit on her. 17 While Crystal Hill was under Order by this Court and could not refuse the benefit conferred by Walter Hill, neither did she make any attempt to appeal or otherwise continue to litigate this Court's temporary custody Orders. 18 Crystal Hill, by making little attempt to rectify Walter Hill's expenditure, has accepted and retained such benefits, creating an inequity between the parties. 19 Crystal Hill has therefore unjustly enriched herself at the expense of Walter Hill. WHEREFORE, Plaintiff Walter Jackson Hill respectfully demands that Crystal Nicole Hill pay him the sum of $1,500 (One Thousand Five Hundred Dollars), as well as reasonable attorney's fees and court costs. Respectfully submitted, Date: and Cc(A �'S�� �� )-?013 '---- t -J9'46 o=1 w14fPV 3a® r,4v'1 COUA VERIFICATION STATEMENT I verify that the statements made in the complaint are true and correct to the best of m knowledge 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: " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WALTER JACKSON HILL 522 Second Street Carlisle, PA 17013 -0a .� plaintiff No. r- v CRYSTAL NICOLE HILL 141 A Street Apartment Cn, •- " w Carlisle, PA 17013 CIVIL ACTION— LAW defendant UNJUST ENRICHMENT PETITION TO PROCEED IN FORMA PAUPERIS Petitioner.6L -ky J• � l� , requests the Court to allow him/her to proceed without payment of the costs in this matter and in support of such request, has completed the attached Affidavit of Financial Status. Date: PetitionEV IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WALTER JACKSON HILL : 522 Second Street Carlisle, PA 17013 plaintiff No. v CRYSTAL NICOLE HILL 1WA Street ; Apartment 106 Carlisle, PA 17013 CIVIL ACTION— LAW defendant UNJUST ENRICHMENTCSHC AFFIDAVIT OF FINANCIAL STATUS 1. I am the Plaintiff/ Defendant in the above matter and because my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. a. Name: Address: a b. Employment: '{'vctl .pv%vl If you are presently employed, state Employer: al4ccC PR+M CO 1f y e G Address: � o go X -�o 1 Salary or wages per month: L3Sd4v Pc„y Type of work: �ecavl� If you are presently unemployed, state Date of last employment: Salary or wages per month: Type of work: C. Other income within last twelve months: Business or profession: Other self-employment: Interest: Dividends: Pension and annuities: Social Security benefits: Support payments: Disability payments: Unemployment Compensation and supplemental benefits: Workman's compensation: Public Assistance: ft, C '200 �o S Other: d. Other contributions to household support: Wife/ Husband Name: N I WG q GAS k If your wife/husband is employed , state: Employer: CJVS Salary or wages per month: 15G Type of work:S�� Contributions from children: Contributions from parents: Other contributions: e. Property owned: Cash: Checking account: Savings account: Certificates of deposit: Real estate ( including home) Motor Vehicle Make: 100 j4y-p '( Year:-D x Cost: 9-®0 Amount owed: 3800 Stocks and bonds: Other: f. Debts and Obligations: Mortgage: Rent: 730 U C7 Loans: 300, J6-01 aoo Other: g. Persons dependent upon you for support: Wife/husband name: Children, YI Name: andAge: qk IA, I<fq 3 jj'COI:-e� Will;M4,6- N Other persons: Name: Relationship: 4. 1 understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 1 verify that statement made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C. S. 4909, relating to unsworn falsification to authorities. Date: Petitio wr- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WALTER JACKSON HILL 522 Second Street Carlisle, PA 17013 plaintiff : No. 13 — ,7 � e� v CRYSTAL NICOLE HILL 149 A Street : Apartment VP Carlisle, PA 17013 CIVIL ACTION— LAW defendant . UNJUST ENRICHMENT ORDER / Jf- AND NOW, this l day of �Y , 20Z.1 upon consideration of the attached Petition and Affidavit of Financial Status, it is hereby Ordered that the Petitioner, Walter Jackson Hill, is permitted to proceed with the filing of his action In Forma Pauperis, and shall not be required to pay the costs or fees payable in connection with such matter, but conditioned upon his/her payment of such costs from the proceeds of an financial recovery in this case. BY THE COURT: J. Mtr y AO 440(Rev.06/12) Summons in//a Civil Action(Page 2)W Civil Action No.i3 T3 PROOF OF SERVICE (This section should not be filed with the court unless required by Fed R. Civ. P. 4(1)) This summons for(name of individual and title,ifany) JZALO,N 4111 was received by me on(date) —7J.1,, 91I personally served the summons on the individual at(place) `3 GU- wa-vo pall s! C7013 on (date) 7A', / ; or [7) I left the summons at the individual's residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual's last known address; or 0 I served the summons on (name ofindividual) , who is designated by law to accept service of process on behalf of(name of organization) on(date) ; or • I returned the summons unexecuted because ; or • Other(specify): My fees are $ for travel and $ for services, for a total of$ 0.00 I declare under penalty of perjury that this information is true. Date: 7 u 3 Server's signa't u e/ rinted name and title < fnq CJ3 rj -�Ao Y� C, P. A AZAD Server's address Additional information regarding attempted service, etc: � w Cz AO 440(Rev.06/12) summons in a Civil Action UNITED STATES DISTRICT COURT for the Plaintiff(s) ) V. Civil Action No. J- 4 fendant(s) ) M6 76 E SUMMONS IN A CIVIL ACTION i TO: (Defendant's name and address) M ' Cr VL-11�—Vkk WA &'yV<Ae- f k no �3 A lawsuit has been filed against you. Within 21 days after service of this summons on you(not counting the day you received it)—or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed.R. Civ. P. 12 (a)(2)or(3)—you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff s attorney, whose name and address are: If you fail to respond,judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk or Deputy Clerk