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HomeMy WebLinkAbout15-0006 Supreme Cv ti V `Pennsylvania COui' OCO1il lll0 Pleas For Prothonotary.Use Only: C�iI�COr Sh+�et � DocketNo:, a Cu County I J 'C6 C640. l tvtiT�vr The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or otherpapers as required by law or rules of court. Commencement of Action: x, Complaint Writ of Summons Petition E3Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Lewis Freudenberger Ronald Freudenberger T Yes 0 No Dollar Amount Requested: []within arbitration limits Y Are money damages requested? fx 0 (check one) E]outside arbitration limits 0 N Is this a Class Action Suit? Yes B No Is this an MDJAppeal? 3 Yes S1 No a A Name of Plaintiff/Appellant's Attorney: Katherine L. McDonald, Esq. 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 " Intentional Buyer Plaintiff Administrative Agencies D Malicious Prosecution Debt Collection:Credit Card Board of Assessment (;3 Motor Vehicle Debt Collection:Other Board of Elections ? ""1 Nuisance Dept.of Transportation Premises Liability Statutory Appeal:Other S 0 Product Liability(does not include, mass tort) 0 Employment Dispute: J Slander/Libel/Defamation Discrimination C (Il Other. Employment Dispute: Other 0 Zoning Board T Other: Q Other: O MASS TORT Asbestos N O Tobacco Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Ejectment Common Law/Statutory Arbitration $ [3 Other: Eminent Domain/Condemnation E3 Declaratory Judgment -} Ground Rent Mandamus 0 Landlord/Tenant Dispute Non-Domestic Relations I©' Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLTTY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition ®Replevin ® Legal [3Quiet Title Other: ® Medical 0 Other: Other Professional: i Updated 11112411 2V15 JA -2 Ail 11: 31 MIS RLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEWIS FREUDENBERGER, NO. Plaintiff V. RONALD FREUDENBERGER and RJLG ASSOCIATES,LLC . Defendants CIVIL ACTION NOTICE YOU HAVE BEEN SUED IN COURT.If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20)days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER,IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. $115. '75 P b A-04 IL98D � 3r5�3a d p CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (717)249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEWIS FREUDENBERGER, NO. Plaintiff V. . RONALD FREUDENBERGER and RJLG ASSOCIATES,LLC Defendants CIVIL ACTION COMPLAINT AND NOW, comes the Plaintiff,Lewis Freudenberger, by and through his attorneys, Dethlefs,Pykosh, Shook&Murphy,by Katherine L. McDonald,Esquire, and respectfully avers the following in support of his Complaint: 1. Plaintiff is Lewis Freudenberger, an adult individual who resides at 268 Briggs Street,Harrisburg,Dauphin County, Pennsylvania 17102. 2. Defendant Ronald Freudenberger is an adult individual who is believed, and therefore averred,to reside at 431 Old State Road, Gardners, Cumberland County, Pennsylvania 17324. 3. Defendant RJLG Associates,LLC, is a Pennsylvania Limited Liability Company with a registered office address of 833 Magnolia Street,Hellertown,Northampton County, Pennsylvania 18055. 4. It is believed, and therefore averred,that Defendant Ronald Freudenberger is the sole member and officer of RJLG Associates, LLC. 5. Plaintiff pleaded guilty to driving under the influence in June 2013 and was sentenced to two(2)years State Intermediate Punishment. 6. Plaintiff executed a Power of Attorney document naming Defendant Ronald Freudenberger as his agent so that Defendant Ronald Freudenberger could open Plaintiff's mail and access Plaintiff's bank accounts in order to send Plaintiff commissary money while he was incarcerated. 7. Plaintiff was the owner of a retirement account with Met Life, Contract 3501333635, valued at$94,195.61 as of January 2012. Defendant Ronald J. Freudenberger was named as a joint owner of the account. A statement of this account is attached hereto as Exhibit A. 8. During Plaintiff's incarceration,Defendant Ronald Freudenberger made unauthorized withdrawals from this account totaling$18,767.63. A statement of this account is attached hereto as Exhibit A, and each withdrawal paid to "Wells Fargo FBO Client" from March 27, 2013,through and including December 10, 2013, was paid directly to Defendant Ronald Freudenberger. 9. Plaintiff loaned Defendant Ronald Freudenberger a total of$66,849.01 to remodel the property located at 396 Peach Glen Road, Gardners, Cumberland County,Pennsylvania 17324,which is owned by Defendant RJLG Associates,LLC, with the understanding that the loan would be repaid. Documentation of the amount of these loans is attached hereto as Exhibit A. The withdrawals on January 27, 2012; May 17,2012; October 2, 2012; and December 7, 2012; were paid directly to Defendant Ronald Freudenberger. 10. To date,Defendant Ronald Freudenberger has not repaid this loan to Plaintiff. COUNT I—CONVERSION—AGAINST DEFENDANT RONALD FREUDENBERGER 11. Plaintiff incorporates by reference all of the allegations contained in paragraphs 1 through 10 as if fully set forth herein. 12. Defendant Ronald Freudenberger has wrongfully deprived Plaintiff of$18,767.63 from his retirement account with Met Life. 13. Such deprivation is without Plaintiff's consent and without legal justification. 14. Such deprivation is intentional on the part of Defendant Ronald Freudenberger. 15. The wrongful conversion of the monies collected by Defendant Ronald Freudenberger has substantially damaged Plaintiff. WHEREFORE,Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant Ronald Freudenberger for compensatory damages in the amount of $18,767.63; punitive damages; and such other relief as the Court deems just and proper. COUNT H—BREACH OF CONTRACT—AGAINST DEFENDANT RONALD FREUDENBERGER 16. Plaintiff incorporates by reference all of the allegations contained in paragraphs 1 through 15 as if fully set forth herein. 17. Defendant Ronald Freudenberger has materially breached his agreement with Plaintiff to repay the $66,849.01 loaned to Defendant Ronald Freudenberger to remodel the property owned by Defendant RJLG Associates,LLC. 18. As a direct and proximate result of Defendant Ronald Freudenberger's breach, Plaintiff has suffered and continues to suffer damages in excess of$66,849.01. 19. Defendant Ronald Freudenberger's conduct is without excuse or justification. 20. Plaintiff has no adequate remedy at law for at least a substantial part of the harm that it has sustained and will sustain in the future as a result of Defendant Ronald Freudenberger's breach. WHEREFORE,Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant Ronald Freudenberger for compensatory damages in the amount of $66,849.01; punitive damages; and such other relief as the Court deems just and proper. COUNT III—CONVERSION—AGAINST DEFENDANT RJLG ASSOCIATES LLC 21. Plaintiff incorporates by reference all of the allegations contained in paragraphs 1 through 20 as if fully set forth herein. 22. Defendant RJLG Associates,LLC has wrongfully deprived Plaintiff of $18,767.63 from his retirement account with Met Life. 23. Such deprivation is without Plaintiff's consent and without legal justification. 24. Such deprivation is intentional on the part of Defendant RJLG Associates, LLC. 25. The wrongful conversion of the monies collected by Defendant RJLG Associates, LLC has substantially damaged Plaintiff. WHEREFORE,Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant RJLG Associates,LLC for compensatory damages in the amount of $18,767.63; punitive damages; and such other relief as the Court deems just and proper. COUNT IV—BREACH OF CONTRACT—AGAINST DEFENDANT RJLG ASSOCIATES,LLC 26. Plaintiff incorporates by reference all of the allegations contained in paragraphs 1 through 25 as if fully set forth herein. 27. Defendant-RJLG Associates, LLC has materially breached its agreement with Plaintiff to repay the $66,849.01 loaned to Defendant Ronald Freudenberger to remodel the property owned by Defendant RJLG Associates,LLC. 28. To the extent Defendant RJLG Associates,LLC is deemed not to be a party to the agreement,Defendant RJLG Associates,LLC was a party to an implied contract with Plaintiff to carry out Defendant Ronald Freudenberger's duties under the agreement. A contract between Plaintiff and RJLG Associates, LLC is inferred in light of the circumstances as alleged herein. 29. As a direct and proximate result of Defendant RJLG Associates,LLC's breach, Plaintiff has suffered and continues to suffer damages in excess of$66,849.01. 30. Defendant RJLG Associates,LLC's conduct is without excuse or justification. 31. Plaintiff has no adequate remedy at law for at least a substantial part of the harm that it has sustained and will sustain in the future as a result of Defendant RJLG Associates, LLC's breach. WHEREFORE,Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant RJLG Associates,LLC for compensatory damages in the amount of $66,849.01; punitive damages; and such other relief as the Court deems just and proper. Respectfully submitted, Date: f al � � fLI 1whAA-4 I rM J)tl Katherine L. McD nald,Esq. Dethlefs,Pykosh, Shook&Murphy 2132 Market St, Camp Hill,PA 17011 (717) 975-9446 kmcdonald@dplglaw.com Supreme Court ID No. 313633 MetLife P.O.Box 10426 Des Moines lA 50306-0426 Meftife August 22, 2014 LEWIS A FREUDENBERGER Copy to: RONALD J FREUDENBERGER ROCCO STIGLIANO 268 BRIGGS STREET PFS INVESTMENTS INC HARRISBURG PA 17102 701 MAIN S TREET SUITE 300 STROUDSBURG PA 18360 RE: CONTRACT 350/333635 OWNER LEWIS A FREUDENBERGER JOINT OWNER RONALD J FREUDENBERGER Dear Lewis and Ronald Freudenberger: This letter is in response to your inquiry on the above referenced contract. The following table lists the withdrawal history for your contract. Effective Date Gross Withdrawal Amount Payee 12/10/2013 $2,061.10 Wells Faro FBO Client 10/22/2013 $1,000.00 Wells Faro FBO Client 8/23/2013 $1,500.00 Wells Faro FBO Client 6/24/2013 $2,000.00 Wells Faro FBO Client 6/3/2013 $3,000.00 Wells Faro FBO Client 5/17/2013 $3,206.63 Wells Faro FBO Client 3/27/2013 $6,000.00 Wells Far o FBO Client 2/15/2013 $8,578.97 Wells Faro FBO Client 12/7/2012 $10,863.15 Wells Faro FBO Client 10/2/2012 $15,116.29 Wells Faro FBO Client 5/17/2012 $30,000.00 Wells Faro FBO Client 1/27/2012 $10,869.57 Wells Faro FBO Client 9/1/2011 $13,043.48 Wells Fargo FBO Client 8/8/2011 $7,826.09 933 Magnolia Road 7/5/2011 $13,000.00 933 Magnolia Road If you have any questions, please contact your representative or call our Customer Service Center at 1-888-556-5412 Monday through Friday between 8:30 a.m. and 6:30 p.m., ET. Sincerely, EXHIBIT Megan Hunsen Sr.Annuity Representative-Client Services MetLife Annuity Operations and Services Metropolitan Life Insurance Company. MetLife Investors USA Insurance Company. MetLife Investors Insurance Company. New England Life Insurance Company. MetLife Insurance Company of Connecticut. First MetLife Investors Insurance Company VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: I o? 131 Lewis Freudenberger Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY �at��Ar of ellot�b��; OFFICE OFTNE r•H.RiFF Lewis Alfred Freudenberger vs. Ronald J Freudenberger (et al.) Case Number 2015-6 SHERIFF'S RETURN OF SERVICE 01/07/2015 03:29 PM - Deputy Jamie DiMartile, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Ronald J Freudenberger at 1101 Claremont Road, Middlesex Township, Carlisle, PA 17013. IE DIMARTILE, DEPUTY SHERIFF COST: $35.39 SO ANSWERS, January 08, 2015 RONI4 R ANDERSON, SHERIFF (r.) CountySuito Sheriff, Teieoso€i, nc.