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HomeMy WebLinkAbout05-1890LAURIE SHEAFFER, Plaintiff V. DIANNE J. TAYLOR, MARLIN R. TAYLOR, EDWIN R. HOCH, COREY TAYLOR, RODGER GUTSHALL, STEVE BEAR, KELLY BEAR, and AARON RICHWINE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- 1 ?'16 CIVIL TERM CIVIL ACTION - LAW 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 of 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, PA 17013 (717) 249-3166 LAURIE SHEAFFER, Plaintiff V. DIANNE J. TAYLOR, MARLIN R. TAYLOR, EDWIN R. HOCH, COREY TAYLOR, RODGER GUTSHALL, STEVE BEAR, KELLY BEAR, and AARON RICHWINE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- 1810 CIVIL TERM CIVIL ACTION - LAW COMPLAINT 1. Plaintiff Laurie Sheaffer is an adult individual who resides at 126 North East Street, Carlisle Borough, Cumberland County, Pennsylvania. 2. Defendant Dianne J. Taylor is an adult individual who resides at 62 Peachy Ann Drive, Lower Mifflin Township, Cumberland County, Pennsylvania. 3. Defendant Marlin R. Taylor is an adult individual and husband of Defendant, resides at 62 Peachy Ann Drive, Lower Mifflin Township, Cumberland County, Pennsylvania. J?c? + +>l e ?' A f l - y 4-F` "'Zi, 4. Defendant Edwin R. Hoch is an adult individual who residue e 87 Cold Springs Road, Dickinson Township, Cumberland County, Pennsylvania 5. Defendant Corey Taylor is an adult individual who resides at 62 Peachy Ann Drive, Lower Mifflin Township, Cumberland County, Pennsylvania. *'?") : /I,, 10A 6. Defendant Rodger Gutshall is an adult individual who resides at 19 Cold Springs Road, Dickinson Township, Cumberland County, Pennsylvania. LRitl PA 7. Defendant Steve Bear is an adult individual who resides at 10 Peachy Ann Drive, Lower Mifflin Township, Cumberland County, Pennsylvania. /llec ,: "`", PA 8. Defendant Kelly Bear is an adult individual and wife of Defendant Steve Bear, who resides at 10 Peachy Ann Drive, Lower Mifflin Township, Cumberland County, Pennsylvania. A 9. Defendant Aaron Richwine is an adult individual who resides at 68 Cold Springs Road, Dickinson Township, Cumberland County, Pennsylvania. 10. On or about November 1, 2002, Plaintiff entered into a lease with Defendant Dianne J. Taylor for the occupancy and use of property located at 19 Cold Springs Road, Dickinson Township, Cumberland County, Pennsylvania. Although the lease document did not specify the address, the location was understood by both parties to be 19 Cold Springs Road. See Exhibit "A" attached hereto. 11. The subject rental property was a trailer owned by Plaintiffs Marlin R. Taylor and Dianne J. Taylor which was resting on ground owned by June Hoch, Diane Taylor's mother. 12. Upon execution of this lease document, Plaintiff occupied the trailer located at 19 Cold Springs Road, Dickinson Township, Cumberland County, Pennsylvania. 13. The monthly rent of $300.00, which was verbally communicated to Plaintiff, was paid to Defendants Dianne J. Taylor or Marlin R. Taylor according to the terms of the lease for the months of November 2002 through August 2003, 14. At all time relevant hereto, Plaintiff paid her rent and was current as of August 13, 2003. 15. In addition to the monthly rent paid to the Taylors, Plaintiff paid $150.00 per month to June Hoch for lot rent. 16. On August 13, 2003, at or about 7:30 p.m., when Plaintiff returned from a doctor's appointment with her friend, Devin Taylor, son of Defendants Marlin R. Taylor and Dianne J. Taylor, she discovered that the Defendants had broken into her trailer and removed most of her belongings. 17. At the scene, carrying her property from the trailer were Dianne and Marlin Taylor, Ed Hoch, Corey Taylor, Rodger Gutshall, Steve and Kelly Bear, and Aaron Richwine. Also present, but not removing her belongings, were June Hoch, Dawn Shughart and Nora LeFate. 18. A large fire was burning in a field next to the trailer, into which Defendants Corey Taylor and Steve Bear were throwing full boxes of Plaintiffs belongings. The fire was fueled by other property of the Plaintiff which had been burned prior to her arrival. 19. When confronted by Devin Taylor, Defendant Marlin R. Taylor stated that they had sold the trailer and the new owner, Defendant Rodger Gutshall, would be taking over the following day. 20. As a result of Defendants' actions, Plaintiff has had difficulty finding another suitable home. Since October 2004, she has been renting an apartment at $400.00 per month plus heat and utilities, thereby losing a free tank of heating oil provided annually through assistance programs. 21. Also as a result of Defendants' actions during the process of the unlawful eviction, Plaintiffs property valued at $105,084.87, as detailed in Exhibit "B" attached hereto, was either lost or destroyed. Count No. 1 - Unlawful Eviction 22. The averments made in Paragraphs 1 through 21 are incorporated herein as though fully set forth. 23. Defendants Dianne J. Taylor and Marlin R. Taylor never provided Plaintiff with written Notice to Quit as required pursuant to 68 P. S. § 250.501(a). 24. No circumstances allowing for termination of the lease as set forth in the referenced statute existed, since the lease states that it is "in effect for 5 years," no conditions had been breached, and rent was paid current. 25. Plaintiff had never been served with a summons or complaint and no hearing was ever held in which Plaintiff was ordered to relinquish possession of the premises. 26. No legal action in ejectment was ever initiated by the Defendants against Plaintiff. 26. Defendants Dianne J. Taylor and Marlin R. Taylor did forcibly evict Plaintiff without following the requisite procedures as required under Pennsylvania law, thereby forcing Plaintiff to incur increased rent and the loss of most of her personal possessions. WHEREFORE, for all the reasons set forth above, the Plaintiff, Laurie Sheaffer, respectfully requests judgment in her favor and against Defendants Dianne J. Taylor and Marlin R. Taylor in the amount of $700.00 for increased rent from October 2004 through the date of this complaint, and $105, 084.87 for her lost and destroyed property, plus interest through the date of trial and costs of suit. Count No. 2 - Unfair Trade Practices and Consumer Protection Law 29. The averments made in Paragraphs 1 through 28 are incorporated herein as though fully set forth. 30. The Lease document signed by Defendant Dianne J. Taylor and Plaintiff was prepared for and presented by Defendant, and was believed to be a valid, legally binding lease document by Plaintiff. 31. At the time the lease was presented to Plaintiff, Defendants Dianne J. Taylor and Marlin R. Taylor had no intention of allowing Plaintiff to occupy the trailer for the five (5) year term, nor to transfer ownership to her upon completion of the lease or satisfaction of the lien. 32. Defendants Dianne J. Taylor and Marlin R. Taylor violated 73 P.S. § 201-2 (vii) and 73 P.S. § 201-2 (xxi) by representing the document as a valid lease-to-own contract with no intention of honoring its express terms. 33. As a result of Defendants Dianne J. Taylor's and Marlin R. Taylor's deceptions and subsequent acts, Plaintiff was forced to find another place to live at an increased monthly rent and lost all of her possessions as listed on Exhibit "B" which is attached hereto and made a part hereof. 34. Because of the egregious nature of the Defendants' acts and the enormity of the Plaintiffs resultant losses, all of which concern goods and services primarily for her personal and household use, Defendants should be subjected to treble damages as stated in 73 P.S. § 201-9.2 (a). WHEREFORE, for all the reasons set forth above, the Plaintiff, Laurie Sheaffer, respectfully requests judgment in her favor and against Defendants Dianne J. Taylor and Marlin R. Taylor in the amount of $317,354.61, for treble the value of her lost or destroyed property and increased monthly rent, plus interest through the date of trial and costs of suit. Count No. 3 - Damaged and Missing Property 35, The averments made in Paragraphs 1 through 34 are incorporated herein as though fully set forth. 36. By their conscious acts, the Defendants damaged or destroyed virtually all of the Plaintiffs personal property, including items with significant sentimental value that can never be replaced. 37, Plaintiff is unable to determine which Defendant is responsible for which damaged or missing property because she was not present when this situation erupted. 38. She did witness each of the Defendants removing some property from the trailer. Plaintiff has had to replace all of the damaged or missing property listed on Exhibit "B" which is attached hereto and made a part hereof. WHEREFORE, for all the reasons set forth above, the Plaintiff, Laurie Sheaffer, respectfully requests judgment in her favor and against Defendants in the amount of $105,084.87 plus interest through the date of trial and costs of suit. Respectfully Submitted, TURO LAW OFFICES la v? a_ 9, Date J m s M. Roglnson, Esquire 20 outh Pitt treet Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff LEASE • Occupants/Tenants: Lorrie Sheaffer Landlords/Owners: Dianne JTaylor & Marlin R Taylor • This lease is in effect for 5 years or until balance of lien is paid in full on home, at which time residence/deed will be turned over to occupants/tenants listed above. • No security deposit is required. Rent must be received within 15 days of the first of every month. • All utilities and maintenance of rental property is the responsibility of the occupants/tenants listed above. • Upon termination or expiration of the lease, property should be in same condition or better than at date of occupancy by occupants/tenants listed above. Any deviation taken to the lease terms listed herein must be agreed upon by both the landlords/owners and the occupants/tenants. • Failure to comply to the terns of the lease listed herein could result in eviction. Signature of Landlord/Owners: Date: Signature of Occupants/Tenants: Date: P Signature of Notary: Date: EXHIBIT "A" DESTROYED PROPERTY LIVINGROOM VALUE couch 800.00 loveseat 600.00 swivel chair 400.00 ottoman 80.00 coffee table 300.00 end stands 260.00 entertainment center 350.00 TV - 32 in. 1,200.00 VCR 120.00 DVD - 5 disc 160.00 stereo - Sony - 5 disc - 800 w. 800.00 wooden bar stools (4) 160.00 kitty condo 45.00 scratching post 15.00 large dog bed 40.00 telephone - 2.4 gh 130.00 books 2,500.00 pictures 300.00 photos w/ frames 300.00 floor lamp 80.00 fibre optic lamp 40.00 magazines 300.00 lava lamps 200.00 throw rugs 400.00 throw pillows 200.00 body pillow 60.00 night light 40.00 wall shelf - wooden w/ hooks 1,500.00 blinds (5) 300.00 curtains (5 sets) 500.00 lap top computer 1,800.00 software 800.00 2 throws 150.00 PS One 100.00 controllers (3) 60.00 30-35 games 1,500.00 2 memory cards 20.00 DVD's & rack 40.00 videos 800.00 CD's & carry cases 1,500.00 MP3 Player 120.00 Personal CD w/ headset 120.00 cant case 15.00 Game Boy Advance 99.00 GB games & shark 309.91 carry case 9.99 mag & light 12.99 battery recharger & batteries 45.00 MASTER BEDROOM VALUE queensize matress & boxspring 2,500.00 4-poster queensize bed 1,500.00 dresser 500.00 sheets 200.00 pillows (4) 300.00 TV - 27 in. 800.00 VCR 300.00 alarm clock 75.00 boom box 450.00 comforter 150.00 throw rugs - 1 Ig./1 sm. 200.00 curtains (2 sets) 400.00 blinds (2) 100.00 night light 30.00 night stand 75.00 telephone 250.00 chest 400.00 quilts 300.00 blankets 400.00 heating pad 200.00 humidifier 400.00 candles & holders 250.00 pictures 500.00 photos & frames 2,500.00 lamps 500.00 clothing 4,500.00 jewelry box & jewelry 5,000.00 electric blanket 150.00 Subtotal 22,930.00 MASTER BATHROOM VALUE shower curtain 30.00 hamper 80.00 body towels (2) 75.00 bath towels (12) 200.00 hand towels (6) 125.00 wash cloths 50.00 back scrubber 40.00 shower liner 20.00 tub mat 30.00 shower head 60.00 shower liner 40.00 body scrubbers 50.00 razor 20.00 body soap 20.00 body wash 25.00 bath matt 35.00 Schedule " " ,?/, &T surge protector 19.99 runner 30.00 line protector 12.99 tub rug 35.00 extension cords 30.00 lid cover 25.00 printer 150.00 picture 40.00 wireless keyboard 80.00 toilet paper holder 25.00 mouse 20.00 toothbrush holder 15.00 mouse pad 5.00 soap holder 25.00 waste paper basket 7.00 lotion holder w/ pump 30.00 magazine rack 25.00 towel racks 50.00 nic nacs 500.00 hooks 25.00 Glade oil plug in 6.00 matching wastepaper basket 40.00 trees (2) 80.00 deco shower hooks 30.00 coax cables 30.00 hair dryer 60.00 RF adapter 20.00 Tylenol 13.00 smoke alarm 15.00 Allieve 12.00 kitty window perch 30.00 Mortin 12.00 speaker stands 60.00 Midol 10.00 Subtotal 20,772.87 Nyquil 6.00 Icy Hot 7.00 Ben Gay 7.00 CAR VALUE Ambisol 5.00 87 Bonneville LE 4,000.00 Contac 10.00 Stereo 400.00 Tiger Balm 8.00 Speakers 500.00 St. Joseph Aspirin 8.00 Console 100.00 Cloroseptic 9.00 Mats 100.00 Mouth Wash 4.00 Seat Covers 50.00 Toothbrushes 20.00 Plugs, Wires & Coax Cable 175.00 Dental Floss 4.00 Harness 150.00 Tongue Scraper 10.00 Travel Pillows 50.00 Electric Spin Brushes (2) 30.00 First Aid Kit 50.00 Floss Holder 6.00 Fire Extinguisher 60.00 Tampax 20.00 Blankets 40.00 Panty Liners 20.00 Battery 60.00 Shave Gel 5.00 Walkie Talkies 125.00 Aftershave 20.00 CB 350.00 Nair 8.00 CB Antenna 60.00 Obsession Perfume 30.00 Stickers & Decals 60.00 Exclamation Perfume 60.00 Jack 80.00 Tommy Girl Perfume 40.00 Toolbox & Tools 500.00 Vanilla Fields Perfume 40.00 Deer Whistle 50.00 Dekker Cologne 40.00 CD's & Case 1,500.00 Tommy Cologne 35.00 Hide-A-Key 25.00 Polo Cologne 35.00 ER Breakdown Kit 50.00 Lucky Cologne 40,00 Gas Can 15.00 Face Soap 5,00 Oil 15.00 Night Cream 8.00 Brake Fluid 15.00 Day Cream 8.00 Transmission Fluid 15.00 Q Tip Holder 20.00 Atlas 25.00 Q Tips 8.00 Cup Holders 25.00 Makeup Sponges 8.00 Map - DE & PA 15.00 Makeup Brush Set 12.00 Schedule "B" Rims 2,500.00 Foundation (2) 15.00 Sual Adapter 125.00 Blush (4) 30.00 Shades 125.00 Eye Liners 40.00 Sun Visor 35.00 Lipsticks 60.00 Dramamine 15.00 Gloss 60.00 Personalized Plate 35.00 Lip Liners 40.00 Plate Holders (2) 40.00 Eye Shadow 50.00 Plate Covers (2) 45.00 Eye Cream 20.00 Heat & Massage Seat Pad 75.00 Bug Repel 15.00 De-icer 35.00 Sunscreen 15.00 Icescraper 15.00 Facial Sunscreen 10.00 Dry Gas 25.00 Mud Mask 20.00 Gum, Change, Mints, Lighter 200.00 Clay Mask 20.00 Changeholder 25.00 Scar Cream 40.00 Bobblehead 35.00 Acne Pads 20.00 Car Alarm 350.00 Acne Wash 20.00 Subtotal 12,340.00 Cover Up 15.00 Hair Wax Kit 40.00 Electric Tweezers 60.00 FRONT BEDROOM VALUE Electric Razor 60.00 Winter Clothes 1,500.00 Fem. Hygeine Products 50.00 Sewing Machine 2,000.00 Clippers 40.00 Sewing Basket 500.00 Toilet Paper 15.00 Yarn 200.00 Paper Towels 5.00 File Cabinet 350.00 Scrub Brush 8.00 Med Records, Docs, Receipts 600.00 Bucket 8.00 Barbies 1,500.00 Sponges 6.00 Cabbage Patch Kids 2,500.00 Gloves 15.00 Beanie Babies w/ Display Cases 2,500.00 Windex 5.00 Quilt 450.00 Soft Scrub 10.00 Childhood Mem 3,500.00 Toilet Cleaner 15.00 Costumes 600.00 Toilet Brush (Deco) 40.00 Toe Shoes 300.00 Lime Away 20.00 Slippers 45.00 Comet 10.00 Trunks (2) 250.00 Soap Scum Remover 10.00 Mother's Things 2,500.00 Glade Plug-In Oil 20.00 Grandmother's Things 5,000.00 Bath Beads 20.00 Christmas Tree 250.00 Body Powder 20.00 Single Bed & Frame 500.00 Body Glitter 30.00 Mattress & Box Spring 650.00 Hairspray 15.00 Antique Highback Chair 450.00 Spray Gel 10.00 Rocker 250.00 Mousse 10.00 Roller Blades 150.00 Spritz 10,00 Camping TV/Radio Combination 275.00 Gel 15.00 Subtotal 26,820.00 Shampoo 40.00 Conditioner 40.00 221 10.00 KITCHEN VALUE Bubble Bath 20.00 Pots & Pans 80.00 Body Spray 20.00 Bakeware 40.00 Deodorant 10.00 Dishes 40.00 Spray Deodorant 10.00 Schedule "B" Glasses 20.00 Silverware 40.00 Toaster 20.00 Coffee Pot 40.00 Blender 25.00 Mixer 150.00 Mugset & Holder 20.00 Cutlery & Block 40.00 Mixing Bowl Set 20.00 Picnic Basket, Plates, Etc. 40.00 Cooler 30.00 Lunchboxes (2) 20.00 Thermos (2) 24.00 Coffee Cart 20.00 Toaster Oven 40.00 Microwave 80.00 Curtains (3 sets) 60.00 Blinds 22.00 Crockpot 30.00 Telephone 25.00 Subtotal 926.00 FIRST BACK BEDROOM VALUE Bunk Beds 150.00 Dresser 80.00 Mattresses (2) 1,250.00 Single Sheet Sets (6) 130.00 Pillows 60.00 Blankets 60.00 Comforter Sets (3) 180.00 Books 3,000.00 Games 1,500.00 Puzzles 1,500.00 Stuffed Animals 500.00 Small Bookcase 110.00 TV Stand 60.00 TV - 19 inch 180.00 Storage Boxes 20.00 Curtains (4 sets) 120.00 Blinds (4 sets) 32.00 Rods (4) 12.00 Closet Organizer 40.00 Vacuum Cleaner 250.00 Carpet Cleaner 300.00 Movie Posters 40.00 Gizmo 90.00 R2-D2 150.00 Yoda 90.00 Furbies 300.00 Lamps 80.00 Foot Spray 15.00 Face Scrub 20.00 Foot Scrub 20.00 Foot Cooler 25.00 Bath Scales 50.00 Thermometer 40.00 Scrubbing Bubbles 20.00 Pine Sol 10.00 Assorted Prescription Medicine 1,500.00 Subtotal 4,880.00 OUTSIDE VALUE Bird Bath 50.00 Bird Feeders (6) 200.00 Bird Houses 250.00 Rocker/Glider 200.00 Trash Cans (2) 60.00 Dog Run (8 x 12) 600.00 Doghouse 75.00 Dog Igloo 150.00 Heated Water Dish 69.00 Plant Watercan 15.00 Broom 8.00 Garden Box 15.00 Welcome Mat 5.00 Pots & Baskets 500.00 Plants & Flowers 300.00 Dog Run Cable 75.00 Compost Bin 40.00 Gardening Tools 2,500.00 Hose 175.00 Nozzle 10.00 Patio Table & Chairs 170.00 Grill 90.00 Grill Tools 40.00 Knee Pad 3.00 Gardening Gloves 5.00 Partite 6.00 Peat Moss 8.00 Wooden Shelved Bin 35.00 Potting Soil 8.00 Fertilizer 10.00 Dog Dishes & Toys - Treats 150.00 Dog Food 25.00 Dog Food Feeder Bin 20.00 Subtotal 5,867.00 Schedule "B" Sleeping Bags (5) 140.00 Antenna 15.00 Water Guns 20.00 Raft (2) 90.00 Subtotal 10,549.00 SUMMARY VALUE Livingroom 20,772.87 Master Bedroom 22,930.00 Front Bedroom 26,820.00 First Back Bedroom 10,549.00 Master Bathroom 4,880.00 Kitchen 926.00 Outside 5,867.00 Car 12,340.00 TOTAL 105,084.87 Schedule "B" VERIFICATION I verify that the statements made in the foregoing 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 14.1(1t 5 L?Qrie She er C N C'( D - n7 LAURIE SHEAFFER, Plaintiff V. DIANNE J. TAYLOR, MARLIN R. TAYLOR, EDWIN R. HOCH, COREY TAYLOR, RODGER GUTSHALL, STEVE BEAR, KELLY BEAR, and AARON RICHWINE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- 1 3 /0 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Laurie Sheaffer, Plaintiff, to proceed in forma gauperis. I, James M. Robinson, Esquire, attorney for the party proceeding in forma paugeris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's Affidavit showing inability to pay the costs of litigation is attached hereto, qI 1 rS Date Respectfully Submitted TURO LAW OFFICES J s M. Rob' son, Esquire 2 outh Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for the Plaintiff LAURIE SHEAFFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05- CIVIL TERM DIANNE J. TAYLOR, MARLIN R. TAYLOR, EDWIN R. HOCH, COREY : CIVIL ACTION - LAW TAYLOR, RODGER GUTSHALL, STEVE BEAR, KELLY BEAR, and AARON RICHWINE I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending or appealing the action or proceeding. 2. 1 am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. 1 represent that the information below relating to my ability to pay the fees and costs is true and correct. a. Name: Laurie Sheaffer Address: 126 N. East Street Carlisle, Cumberland County, Pennsylvania Social Security Number: 177-56-9847 b. If you are presently employed, state Employer: None Address: N/A N/A Salary or wages per month: N/A Type of work: N/A If you are presently unemployed, state Date of last employment: June 2001 Salary or wages per month: $320 per week Type of work: Security Guard C. Other income within the past twelve months Business or profession: None Other self-employment: None Interest: None Dividends: None Pension and annuities: None Social Security benefits: $6.600 (SSDI) Support payments: None Disability payments: None Unemployment compensation and Supplemental benefits: None Workman's compensation: None Public Assistance: None Other: None d. Other contributions to household support Wife/Husband Name: None If your HusbandfWife is employed, state: Employer: N/A Salary or wages per month: N/A Type of work: N/A Contributions from children: N/A e. Property owned Cash: $ 0.00 Checking Account: $ 9.00 Savings Account: _ $ 0.00 Certificates of Deposit: $ 0.00 Real Estate (including home): None Motor vehicle: Make Ford Year 1988 Cost 100 Amount owed $0 Stocks; bonds: None Other: None f. Debts and obligations Mortgage: None Rent: $400 per month Loans: None Monthly Expenses: $400 per month g. Persons dependent upon you for support Wife/Husband Name: None Children, if any: Name: None Name: Name: Age: Age: Age: 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 the statements 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. §4904, relating to unsworn falsification to authorities. `???tlc.S Date ? rie Sh ffer, Defendant r> ?, ca _- ? V? 'T1 J,.?(.. :> -17 -i .r T nor _?? _ N ??. _ ' Ci c:at -r' ?i ?_... <:. ? i i •'.`.; .. --? ,? K fU `?i , G; -Y: SHERIFF'S RETURN - REGULAR CASE NO: 2005-01890 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHEAFFER LAURIE VS TAYLOR DIANNE J ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according says, the within COMPLAINT & NOTICE was served upon TAYLOR DIANNE J th, DEFENDANT , at 2041:00 HOURS, on the 14th day of April at 62 PEACHY ANN DRIVE NEWVILLE. PA 17241 DIANNE J TAYLOR by handing to a true and attested copy of COMPLAINT & NOTICE together and at the same time directing Her attention to the contents :o law, 2005 th f. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.0 0? 8. 88 '=r .00 10.00 R. Thomas Kline .00 36.88 00/00/0000 By: ty Sheri Sworn and Subscribed to before me this day of _ Y SHERIFF'S RETURN - REGULAR CASE NO: 2005-01890 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHEAFFER LAURIE VS TAYLOR DIANNE J ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according says, the within COMPLAINT & NOTICE was served upon TAYLOR MARLIN R th DEFENDANT law, , at 2042:00 HOURS, on the 14th day of April 12005 at 62 PEACHY ANN DRIVE NEWVILLE, PA 17241 by handing to DIANNE TAYLOR, WIFE a true and attested copy of COMPLAINT & NOTICE together *ith and at the same time directing Her attention to the contents thireof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 R. Thoma .00 16.00 00/00/0000 Sworn and Subscribed to before By: me this day of ez --- A.D. Pro h otary ne y SHERIFF'S RETURN - REGULAR CASE NO: 2005-01890 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHEAFFER LAURIE VS TAYLOR DIANNE J ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according says, the within COMPLAINT & NOTICE was served upon TAYLOR COREY DEFENDANT law, , at 2042:00 HOURS, on the 14th day of April ] 2005 at 62 PEACHY ANN DRIVE NEWVILLE, PA 17241 DIANNE TAYLOR, MOTHER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 00/00/0000 Sworn and Subscribed to before By. ??77 L me this OHO day of Deput O?OO ? A.D. Prot onotary SHERIFF'S RETURN - REGULAR CASE NO: 2005-01890 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHEAFFER LAURIE VS TAYLOR DIANNE J ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according says, the within COMPLAINT & NOTICE was served upon BEAR STEVE t DEFENDANT , at 2042:00 HOURS, on the 14th day of at 10 PEACHY ANN DRIVE NEWVILLE, PA 17241 by handing to KELLY BEAR, WIFE a true and attested copy of COMPLAINT & NOTICE together tith and at the same time directing Her attention to the contents Sheriffs Costs: Docketing Service Affidavit Surcharge 1 to law, 2005 So Answers: 6.00 8.88 .00 ,m 10.00 R. Thoma .00 24.88 00/00/0000 Sworn and Subscribed to before Byz me this 'Q day of C r?Le oS? A.D. ine ty J'? Prothonot ary SHERIFF'S RETURN - REGULAR CASE NO: 2005-01890 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHEAFFER LAURIE VS TAYLOR DIANNE J ET AL CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according says, the within COMPLAINT & NOTICE was served upon BEAR KELLY ti DEFENDANT to law, at 2042:00 HOURS, on the 14th day of April ?, 2005 at 10 PEACHY ANN DRIVE PA 17241 by handing to KELLY BEAR a true and attested copy of COMPLAINT & NOTICE together and at the same time directing Her attention to the contents t th Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 r pr."± .00 10.00 R. Thomas Kline .00 16.00 00/00/0000 Sworn and Subscribed to before me this a_ day of A.D. 0 0.? Prothonotary ty CASE NO: 2005-01890 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHEAFFER LAURI VS TAYLOR DIANNE J ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn accordinc says, the within COMPLAINT & NOTICE was served upon N R DEFENDANT , at 2010:00 HOURS, on the 15th day of at 87 COLD SPRINGS ROAD CARLISLE, PA 17013 by handing to law, , 2005 EDWIN HOCH a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents Sheriff's Costs: Docketing Service Affidavit Surcharge it So Answers: 6.00 5.92 .00 ? 10.00 R. Thoma .00 21.92 00/00/0000 Sworn and Subscribed to before me this ?<a day of 7 -Z OQS A.D. jd?P-rothonotary?40i?4 By: ne SHERIFF'S RETURN - REGULAR CASE NO: 2005-01890 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHEAFFER LAURIE VS TAYLOR DIANNE S ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according ro law, says, the within COMPLAINT & NOTICE was served upon GUTSHALL RODGER ui DEFENDANT , at 1600:00 HOURS, on the 15th day of April 2005 at 19 COLD SPRINGS ROAD CARLISLE, PA 17013 by handing to ROGER GUTSHALL a true and attested copy of COMPLAINT & NOTICE together ith and at the same time directing His attention to the contents t Sheriff's Costs: Docketing 6.00 Service 5.92 Affidavit .00 Surcharge 10.00 .00 21.92 Sworn and Subscribed to before me this day of ?Z A_D. Prothonota So Answers: R. Thomas Kline 00/00/0000 ?n By: Deputy Sheri f LAURIE SHEAFFER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-CIVIL TERM DIANNE J. TAYLOR, MARLIN R. TAYLOR, EDWIN R. HOCH, COREY : CIVIL ACTION - LAW TAYLOR, RODGER GUTSHALL, STEVE BEAR, KELLY BEAR, and AARON RICHWINE, %o Cow/q?,? fi ?j? o v, y ? yLiU veU j 1--P G ?RrJ°--2 7` TGi /f- ? GU L}'s ?ju?? jdv-e?--- S- 2- n? z-? ,?> ?? z? _ ?_? -, _ ' ? ` , e?? - -r -, ,„? ? -= ti . ?? ? ` . ? ?? _ J l7 ? LAURIE SHEAFFER, Plaintiff v DIANNE J. TAYLOR, MARLIN R., TAYLOR, EDWIN R. HOCH, COREY TAYLOR, RODGER GUTSHALL, STEVE BEAR, KELLY BEAR, and AARON RICHWINE Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-1890 CIVIL TERM CIVIL ACTION-LAW PRELIMINARY OBJECTIONS Broujos and Gilroy, P.C., on behalf of Defendants, Dianne J. Taylor, Marlin R. Taylor, Edwin R. Hoch, Corey Taylor, Steve Bear, Kelly Bear and Aaron Richwine, sets forth the following Preliminary Objections: 1. Pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(3), Count 2 of the Complaint is insufficient as fraud is not plead with specificity as required by Pennsylvania Rule of Civil Procedure 1019 (b). 2. Pursuant to Pennsylvania Rule of Civil Procedure 1028(a)(2), Count 2 of the Complaint is insufficient as fraud is not plead with specificity as required by Pennsylvania Rule Of Civil Procedure 1019(b). 3. Plaintiff has failed to state a claim with respect to the Unfair Trade Practices and Consumer Protection Law at Count 2, and the Defendants demur to Plaintiffs claim. 4. With respect to Count 1-Unlawful Eviction, Plaintiff has failed to state a claim upon which relief may be granted and Defendants demur to Plaintiff's Complaint at Count 1. Respectfully Submitted, Hubert X. Gilroy, squh Broujos & Gil roy C. 4 North Hanover treet Carlisle, PA 17 13 (717) 243-4574 Attorney for Defendant's ??S C y _ i7 .? «.... ? 17 r.. ?+_' _ `? '?'?i ?.:. ? Curtis R. Long Prothonotary office of the i3rotbonotarp Cumberfanb Couutp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor -12?6 CVIL TERM -05 ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573