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Home My WebLink About05-3637 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROL J. MOWERY, individually, and CAROL J. MOWERY, Executrix of the Estate of RICHARD S. MOWERY, Deceased CIVIL DIVISION . , Plaintiff, NO.: tJ5 - 3&>37 ~ v. ISSUE NO.: RODNEY J. LITTLE AND DEBRA R. LITTLE, TYPE OF PLEADING: Defendants CIVIL ACTION - COMPLAINT IN BREACH OF CONTRACT ymi AkE HERr,BY NOTIFlED TO PLEAD TO THE ENCLOSED COMPI.AINT WITHIN TWENTY (20) DAYS FROM S;:Rv'ICE HEREOF OR A DEFAULT JUDGMENT rE.') AGA1NST you. _1\'<' ~ COUNSEL OF RECORD FOR THIS PARTY: Edward P. Seeber, Esquire PA LD. #76084 I HU"!.FHY CERIIFY THAT THE ADDRESS OF T~-IE PL\INTIFF IS: j 68 KeITh Road Carlisle, PA nou JAMES, SMITH, DIETTERICK & CONNELLY, LLP "-NiJ THE DErE'NDANTS: P.O. Box 650 Hershey, PA 17033 Telephone: (717) 533-3280 Fax: (717) 533-777] CAROL J. MOWERY, Individually, and CAROL J. MOWERY, Executrix of the Estate of RICHARD S. MOWERY, Deceased, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW v. NO. RODNEY J. LITTLE and DEBRA R. LITTLE, 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 Com- plaint 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlis]e,PA ]70]3 Telephone: 800-990-9108 AVISO USTED HA smo DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas ade1ante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y A viso radicando personalmente 0 por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA. EST A OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE P AGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALlFICAN. ' CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 Telephone: 800-990-9108 Dated: 1/1'iJlol.- I I JAMES, SMITH, DIETTERICK & CONNELLY, LLP E ~9s~ ttorney I.D. #76084 .0. Box 650 Hershey, P A 17033-0650 (717) 533.3280 Attorneys for Plaintiff By: CAROL J. MOWERY, Individually, and CAROL J. MOWERY, Executrix of the Estate of RICHARD S. MOWERY, Deceased, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW oS ~31p31 CW.J. j aNm- NO. RODNEY 1. LITTLE and DEBRA R. LITTLE, Defendants CIVIL ACTION - COMPLAINT IN BREACH OF CONTRACT AND NOW, comes Carol J. Mowery, individually, and as Executrix ofthe Estate of Richard S. Mowery ("Plaintiff"), by and through her attorneys, James, Smith, Dietterick & Connelly, LLP, and files this Complaint in Breach of Contract as follows: 1. Plaintiff, Carol J. Mowery, is an adult individual currently residing at 168 Kerrs Road, Carlisle, Cumberland County, Pennsylvania 17013 and is the Executrix of the Estate of Richard S. Mowery. 2. Defendant, Rodney J. Little, is an adult individual currently residing at 50 Iron Run Road, Newville, Cumberland County, Pennsylvania 17241. 3. Defendant, Debra R. Little, is an adult individual currently residing at 50 Iron Run Road, Newville, Cumberland County, Pennsylvania 17241. 4. On or about February 12, 2003, Defendants entered into a Purchase Agreement, ("Agreement"), under which Defendants agreed to purchase certain equipment, appliances and furnishings located at 50 Iron Run Road, Newville, Pennsylvania from Plaintiff in the amount of Two Hundred Fifty Five Thousand ($255,000.00) Dollars. A true and correct copy of said Agreement is marked as Exhibit "A" and attached hereto and made a part hereof. 5. To date, Defendants have made one payment on November 26, 2004 in the amount of Fifty Thousand ($50,000.00) Dollars. 6. To date, Defendants owe Plaintiff an amount of Two Hundred Five Thousand ($205,000.00) Dollars. 7. The aforesaid Agreement has not been released, transferred or assigned by Plaintiff 8. Under the terms of the aforesaid Agreement, Plaintiff is entitled to accelerate payment of the balance of the Agreement and aJI other sums due and owing under the terms of the Agreement upon the occurrence of an event of default, including but not limited to, the failure to pay installments when due, or the failure to reach an installment payment agreement 9. Defendants have breached their duty imposed by the aforesaid Agreement and are in default under the terms of the said Agreement for, inter alia, failing to make payment when due. 10. Any and all conditions precedent to payment to Plaintiff have been satisfied. 11. Notwithstanding Plaintiff's demands for payment, Defendants' obligations under the terms of the aforementioned Agreement remain unsatisfied. 12. The amount due and owing Plaintiff by Defendants is Two Hundred Five Thousand ($205,000.00) Dollars as of November 26,2004, with interest, attorneys' fees and costs. WHEREFORE, Plaintiff demands judgment in her favor and against Defendants in the amount of Two Hundred Five Thousand ($205,000.00) Dollars, together with interest, attorneys' fees and costs. JAMES, SMITH, DIETTERlCK & CONNELLY, LLP Dated: ;110 ,- By: ARD P. SEEBER, ESQUIRE A orney J.D. #76084 P.O. Box 650 Hershey, PA 17033-0650 (7] 7) 533-3280 Attorneys for Plaintiff VERIFICATION The undersigned, Carol 1. Mowery, hereby verifies that the facts set forth in the foregoing Complaint are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa,C.S. Section 4904 relating to unsworn falsification to authorities. Date: 7/1y/oS- Carol J. Mo ry, individually, d as the Executrix of the Estate of Richard S. Mowery Purchase Agreement This is an agreement to purchase equipment, appliances and furnishings located at 50 Iron Run Road, Newville, Pennsylvania 17241. Rodney & Debra Little (Buyers) agree to pay Richard & Carol Mowery (Sellers) the amount of $255,000 for the following items: . 31' double-hulled, cabin cruiser . Appliances, window treatments, appliances and furnishings in the five cabins located on the property . Two mopeds . Pool table . Piano . Back Hoe . Miscellaneous window treatments, appliances and furnishings in the main house Buyers will make every attempt to pay for the equipment and furnishings as quickly as possible. In any event, buyers will come to terms with the sellers to make installment payments to the sellers on the remaining balance to commence no later than 1 March 2004. In the event of unforeseen circumstances and the buyers cannot payor no other installment payment agreement can be reached between the buyers and the sellers: the house will be sold to pay-off the mortgage balance as well as the amount owed for equipment, appliances and furnishings. In the event of death of the sellers, buyers will pay the estate of the sellers payments of not less than $500 per month until the balance is paid in full. Payment will be made in check payable to the Richard S, Mowery and Carol J. Mowery Living Trust. Li"'~ / -oyA, .~ ~,. /ie, Date: .....' ',~'r ~r; n"'NCT"\ 'NlA} ",':':.:..i...i"t;. JJ.' rt.;"J,UA L.'Ju / ') ~l IY' 58: L '(;' L ) """""-1 ' 0' rUFH1E'" !'}ID 1... ..../ '...'~ t J. .I, '- ..t...... l.'\l...,,'1,l, ' Date: f!J //)1 D 7 7 Date ::J - /2 - (/5" .... "/7 .......A;] Date: ..... / "- UJ I N01ARlALSEAL . i ANNEITE M. STAUB. Notary Public \ \ Borough ot Cadisle, cumberla~d BC~~~~ I My CommiSSion Expire. Marc. ! . __._~___n ~ n r-' c.:=' C-:. CC;; ~ ~ c.,n ~ ~ ~ ,'-,', '-- {":.::: ~ ~ ~ - ~\j co ~ ~ \ \ :? -' ;:~:,: ~,;. ~ ~ ~ ~ ,,2- C') ~ , ~ , -j CL) ~ -, ""- CAROL J. MOWERY, Individually, and CAROL J. MOWERY, Executrix of the Estate of RICHARD S. MOWERY, Deceased, Plaintiff v. RODNEY J, LITTLE and DEBRA R. LITTLE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3637 Civil ACCEPTANCE OF SERVICE I accept service of the Civil Action-Complaint in Breach of Contract on behalf of Defendants, Rodney J. Little and Debra R. Little, and certify that I am authorized to do so. Dated: A~, C; , By: Respectfully submitted, BROUJOS & GILROY, P.C. Jo Broujos, Esquire Atto y lD. # ","J u,t/ 4 North Hanover Street Carlisle, P A 17013 (717) 243-4574 Attorney for Defendants . , , " . . . ~. . , . " ;., :-1 [(:'i CAROL J. MOWERY, individually, and CAROL J. MOWERY, Executrix of the Estate of RICHARD S. MOWERY, Deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff, No. 05-3637 CIVIL TERM v. RODNEY J. LITTLE and DEBRA J. LITTLE Defendants, CIVIL ACTION-COMPLAINT IN BREACH OF CONTRACT ANSWER. NEW MATTER, AND COUNTERCLA~M OF DEFENDANTS RODNEY J. LITTLE AND DEBRA R. LITTLE, by their attorney, John H. Broujos of Broujl\s and Gilroy, PC, set forth the following Answer, New Matter, and Counterclaim. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. On the contrary, admitted that Defendants owe some money, but do not owe the sum of $205,000.00, 7. Admitted. 8. Denied. Agreement has no provision for acceleration. The terms in the second paragrapb of the Agreement were agreements to be made in futuro and agreement to disagree is not enforceable under the law. In addition, a substantial sum of $50,000.00 was paid on November 26, 2004 in an act of good faith; this is equivalent to $2,080.00 per month from February 2003 to November 2004, There were no unforeseen circumstances. In fact Plaintiffs knew the financial circumstances of Defendants. The Defendants could make and can make payments on account of that portion of the debt determined to be due and payable by monthly payments, which is foreseeable. Offer of $450.00 has been made by Defendants to make reasonable payments which offer was tendered and refused. The offer in fact was only $50.00 less than the Agreement of the parties that Defendants could pay $500.00 per month in the event of the death of both Sellers. In addition, Defendants, since the Agreement has been signed, have discovered that a number of items were not delivered by Plaintiffs, and were not as represented and required by the Agreement, such as the Back Hoe and the Cabin Cruiser; items represented to be in good working order or of valule were removed by Plaintiffs or were otherwise unusable and unworkable; numerous items were moved from the premises after the settlement, as set forth in Defendant's Exhibit A attached hereto and made a part hereof. At the time of signing of the Al~reement the parties discussed a number of problems on the premises, such as water damage in the basement, leaking roofs, leaking gutters, and other damages. The terms were vague and unenforceable as set forth in New Matter. In addition, there is no definition of "unforeseen circumstances" in paragraph 3 of the Agreement. Plaintiffs knew that the Defendants at the time of the settlement on the main premises did not have the sum of $255,000.00 at that time. Defendants did defacto make a bona fide effort to reach an agretlment. Defendants were not in default, since the terms of tbe Agreement are vague and inconsistent and the equivalent of monthly payments in excess of $500.00 were made on November 26, 2004. Denied that there was an "event of default including, but not limited to, the failure to pay installments when due, or the failure to reach an installment payment agreement". Defendants could not be punished for failure of the parties to come to agreement on a payment plan, when monthly payments of over $500.00 had been made after 1 March 2004, 9. Denied that a breach of duty occurred and denied that Defendants were in default for any reason, Denied that there was any duty that was clearly and understandably imposed by Agreement, and denied that Defendants failed "to make payment when due"; on the contrary, the Agreement does not spt,cifically require payment at a due time under paragraph two thereof. The Agreement only calls for the parties to make an unnamed amount as an installment payment commencing on a certain date, which is not an agreement. 10. Denied. On the contrary, there were no "unforeseen circumstances". Plaintiffs and Defendants could arrange for payments and a reasonable agreement was capable of being reached between Plaintiff and Defendants, without proceeding precipitously to a costly and unnecessary court case. 11. Admitted that demands were made. Denied tbat demands were justified or reasonable. Denied tbat Defendants' obligations under tbe terms of Agreement are unsatisfied. On tbe contrary, $50,000.00, twenty percent of tbe total amount owed, was in fact paid to Plaintiffs. Tbere is no enforceable contractual obligation to pay tbe amount in full until a projected remedy of an Agreement or fair and ,oeasonable payment terms are exbausted with both parties, which has not been accomplished to date. 12. Denied the amounts claimed are due and owing. NEW MATTER Defendants set forth the following New Matter: 13. Plaintiffs are estopped from asserting any claim to proceed to sell the premises, which Plaintiffs knew was the dream of tbe Defendants of baving a Cbristian Refuge Center and Religious Retreat. Plaintiffs should further be estopped since tbey knew tbat Defendants had no ready equity to payoff all if $255,000,00 or any sum resolved after disposal of the Counterclaim, Plaintiffs sbould furtber be estopped since tbey bave failed to take a reasonable approach to an installment payment arrangement, Plaintiffs should have sought some form of mediation to work out a plan of reformation. 14. Defendants are capable of payments over a period of time by periodic payments in the amount of $450.00 per month, wbich has been unreasonably rejected by Plaintiffs, 15. Plaintiff agreed that "in the event of death of the Sellers, Buyers will pay the Estate of the Sellers payments of not less than $500.00 per month until the balance is paid in full." 16. Plaintiffs were and are obligated to make a reasonable effort to agree upon installment payments. The failure to make a bona fuJe effort to reach an installment plan agreement does not constitute a breach of the Agreement. 17. Plaintiffs failed to perform the duty to seek a reasoDllble agreement for payments and has no right to enforcement of what would be an un.:onscionable, unreasonable, and premature proposal tantamount to wiping out practically all of the assets of Defendants. 18. Plaintiffs knew of the limited assets and the financial situation of the Defendants from the beginning of negotiations to purchase real property and to enter into an Agreement. 19. Defendants had no prior experience with complicated real estate purchases let alone a transaction as complex as the case at hand. Defendants showed good faith by making the $50,000.00 payment on November 26,2004, (l/5Ih ((19.6%)) of the total claim) less than a year after payment of the $50,000.00. 20. Defendants are entitled to a recalculation of the total amount owed, based upon facts set forth in the Counterclaim herein. WHEREFORE, Defendants pray the Honorable Court to Dismiss the Complaint. COUNTER CLAIM Defendants set forth Counterclaim against Plaintiffs. 21. Defendants incorporate herein paragraphs I through 20. 22. Before and after execution of the Agreem(~nt, without permission, Plaintiffs removed from the premises sold to Defendants items set forth in Defendants' Exhibits A attached hereto and made a part hereof. 23. Specifically, Plaintiff deceased Richard S. Mow(~ry, with the knowledge of Plaintiff Carol J. Mowery, removed from the premises II large number of the items in Defendants' Exhibit A, advising Defendants that he would return the items, which was not done, 24. Defendants cooperated with Plaintiffs at tbe time of settlement, trusting Plaintiffs to improve and/or return the items referred to in Def(~ndants' Exhibit A. 25. On a number of occasions after removal of items by Plaintiffs, Defendants demanded return of the items with no success, 26. At the time of signing Agreement, the parties to Agreement discussed a number of problems, See Defendants' Exhibit B attached hereto and made a part hereof. The damages and removal of property and failure to correct damage as pledged resulted in a loss of value of the total items and created a loss of value of tbe premises. 27. Since the property was sold "as is", as set forth in tile Agreement of Sale, all of the personal property that was in the house and shop at the time of settlement would be considered the property of Defendants. 28. Defendants made known to Plaintiffs that some of the fixtures on the property were unsafe and had to be repaired. 29. Plaintiffs agreed to repair items such as the gazebo, which was unsafe for cabin renters at the time of taking possession of the property at settlement. Defendants' Exhibit B sets forth that Defendants, with their own funds, repaired the dock to make it safe, completing that work in April 2003 and performing substantial repairs of the gazebo roof and dock and flooring June 2005 at a cost of $2,500.00, wbicb cost was to be reimbursed. o Repair of gazebo Room Dock Floor and roof.......,$2,500.00 o Making Dock Safe.........................,......,.........$ 800.00 $3,300.00 30. During the period after settlement, at least IlIntil April 2004, Plaintiffs made numerous trips, well over twenty-five, to the property, removing items witbout getting permission or indicating tbat the items were to be returned. See Defendants' Exhibit A incorporated herein and made a part hereof, 31. On a number of occasions after settlement and until mid - 2004, Defendants were trusting of Plaintiffs, making no log of tbe dates or items, trusting Plaintiffs to repair and/or return all items removed. 32. Plaintiffs also brougbt along belp for the removal of larger items. 33. Plaintiff deceased Ricbard S. Mowery, prior to settlement and prior to Agreement, represented to Defendants tbat the Cabin Cruiser was much more of value than represented; in addition representing that Plaintiff had renovated the Cabin Crniser, and that there was a motor in tbe Cabin Cruiser. Tber'e was no motors in the Cabin Cruiser, the motors bestowing tbe major value upon tbe craft. Carol J. Mowery, was confronted witb this matter and did not dispute tbe averment made herein. 34, The removal of the listed items, failure to return the listed items, and representations by Plaintiffs that the items would be' returned and or repaired constituted fraudulent removal. 35. Plaintiffs intended to remove items and not to return them after demand made, and were the victims of fraudulent conduct, 36. Defendants make the following claims: o Removed Items set forth on Defendants' Exhibit A. ............$16,519.00 CLAIM FOR COUNSEL FEES Under 42P ACSA 2503 37. The Purchase Agreement states that "in any event tlile Buyers will come to terms with the Sellers to make installment payments to the Sellllrs on the remaining balance to commence no later than March 1, 2004," On November 26, 2004 Defendants paid a substantial sum of $50,000.00 on account of the obligatiol!l. 38. The proposed commencement date of March 1, 2004 of payments to the current date of August 2005 is seventeen months. This represents, dividing the $50,000.00 by the seventeen months, a $2,940.00 per month payment. 39. Defendants have been compelled to retain legal counsel, to prepare pleadings, to do extensive research, and to spend substantial time and effort to defend a Complaint which is arbitrary and in bad faith. 40. sdThis sum is $2,440.00 per month in excess of the $500.00 which the parties agreed to for the death condition of payment in the last paragraph of the Agreement. This means that the Defendants had already paid installment provisions in one lump sum. Plaintiffs conduct in commencing this action to seek recovery of thl! total balance of $205,000,00 instead of making a bona fide effort to establish an installment plan agreement constitutes a violation of subparagraph (9); "The following participants shall be entitled to a reasonable counsel fee as part of the taxable costs of the matter: o Any participant who is awarded counsel fees because the conduct of another party in commencing the matter or otherwise was arhitrary, vexatious or in bad faith. " o In addition, by relying on the Agreement to commence execution proceedings in the nature of mortgage foreclosure in paragraph 3, Plaintiff was acting in violation of 42 PACSA 2503 Section 3 (a) "garnishee is found ~o have in his possession or control no indebtedness due to or other property of the debtor except such, if any, as have been admitted by answer filed." o Defendants admit there is an obligation to pay some sum, but not in the amount and not at the time and not in the manner averred by Plaintiffs in the Complaint. WHEREFORE Defendants claim counsel fees from Plaintiffs for the reasons set forth above. , J hn H. roujos, Esquire Br & Gilroy, P.c. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Attorney for Defendants I verify that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A, Section 4904 relating to unsworn falsification to authorities, Date: g,J;(f OS ~/>dt I verilY that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. e.s.A. Section 4904 relating to unsworn falsification to authorities. Date: '3" ' "t4-. 0 5 D~e~ , , . YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20 ) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. ATTORNEY FOR PLAINTIFFS . " ,) A B C ,D 1 Item Descrlotlon Dlsnosltlon Value Removed from premises by ~8 000 2 Backhoe Model Unk Dick oIa 3.15-04 Double Box Spring & Mattress, Removed from premises by 3 Bed w/Frame and Headboard Dick oIa 5-12-03 $145 Shelving, Brackets. Braces and Removed from premises by 4 Shelving IAnchoring Screws Dick ala 5-12-03 I $325 14 x 100 ft rolls, 2 each Removed from premises by T $250 5 Screening Dick oIa 5-12-03 ! Removed from premises by ,r- , $45 6 Door Trim Interior, 3 each Dick oIa 5-12-03 Removed from premises by 7 Wood 2 x 4", 24 each Dick oIa 6-12-03 $125 Removed from premises by I 8 Wood 1/2' Plywood, 10 each Dick oIa 6-12-03 $150 ! 314" Cabinet Grade Plywood Sheets, Removed from premises by I 9 Wood i 20 each Dick ala 6-12-03 : $720 Removed from premises by i 10 Wood '3/4" Plyw~ Sheets, 15 each Dick ala 6-12-03 $420 Removed from premises by ! 11 Wood !1 x6" @6',50each Dick oIa 6-12-03 $250 '~ i Removed from premises by I 12 Wood [Molding, 10 ft, 23 each Dick oIa 6-12-03 I $230 I : ' , Removed from premIses by i 13 Wood !Cut Logs, Cord, 1 each Dick ala 8-12-03 I $125 ! Removed from premises by ! 14 Snowmobile i Brand Unk Dick ola 8-12-03 $450 .""-~- - IW/Medium Duty Outfit and 2 Tanks Removed from premises by 15 Acetylene Torch Dick ola 9-i2.03 $825 ,Silicone Tubes w/Applicators. 24 Removed from premises by r ! 16 Caulking leach Dick ala 10.12-03 ,.-+ $50 ! Removed from premises by ! 17 Roofing Compound i Required 10 apply rubber roofing Dick oIa 10-12-03 i $25 i Rolls of Rubber Sheeting. 6 x 25' Removed from premises by 18 Roofing Rubber ! 5 each Dick ola 4-4-04 $1,000 _.~-- .. "~ --- Bolts, Nuts & Screws ! Removed from premises by 19 w/Storage Container iVarious Sizes Dick oIa 5-12-03 $95 Removed from premises by 20 Lawn Vacuum Wagon i Brand Unk Dick oIa 9-12-03 $1,000 ! Removed from premises by 21 Riding Lawn Mower i Brand Unk Dick oIa 6-12-03 $800 I Removed from premises by ! 22 Ratchel Tie Downs 12000 Ib, 15 ft, 4 each Dick oIa 10-23-03 I $25 ! Removed from premisesbyr- 23 Chains iTow & Pull Type Dick ala 10-15-03 , $45_ ! Removed from premises by' 24 Clamps :Various Sizes Dick ola 10-27.03 $30 _~_m ,Standard Plumbing Repair Kits for ----_.~ Removed from premises by ~ Carpenl~sf>a~,s PVC Dick ola 10.27-03 $30 ----...- ----------.".-- - --- .." - ! Removed from premises by 26 Paint Trays and Rollers. 8 each ! Dick ola 10-27-03 $40 DEFENDANTS' EXHIBIT A ~":;,,.,- . "," j A B C .0 Removed from premises by 27 "Come Along" Straps Various Sizes, 5 ea Dick oIa 10-15-03 $100 Barrel Stove Kit, 2 es 55 Gal Drums, Removed from premises by 28 Stove Adapter and Flu Dick oIa 3.5-04 $124 Removed from premises by 29 Shredder/Chipper Brand Unk Dick oIa 10-27-03 $850 Removed from premises by 30 Mini-Blinds Various Sizes for cabins, 10 ea Dick oIa 10-27-03 $50 Removed from premises by 31 Pillows For Cabins, 10 ea Dick oIa 10-27-03 $50 Removed from premises by 32 Carpeting Indoor/Outdoor, 10 x 12' Dick oIa 6-12-03 $50 Removed from premises by 33 Wagon General Purpose, 1 ea Dick oIa 10-27-03 $45 General Purpose, various lengths, 5 Removed from premises by 34 Rope each Dick oIa 10-27-03 $50 35 $16,519 \",' ~' C) -=-n ~ \,,--;l ~:,.l(c',; C.' -c: (~) -;\ ,- ~:~':1 ,. "-.\ :-~ .,% ~-,- r.,) - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROL J. MOWERY, individually, and CAROL J. MOWERY, Executrix of the Estate of RICHARD S. MOWERY, Deceased CIVIL DIVISION NO. 05.3637 Plaintiffs v. RODNEY J. LITTLE AND DEBRA R. LITTLE Defendants NOTICE TO PLEAD To: Rodney 1. Little and Debra J. Little c/o John H. Broujous, Esquire YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Preliminary Objections to Defendants' Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, Dated: Cf/1JD" ! / I JAMES SMITH DIETTERICK & CONNELLY LLP ~ B, ,MAR" ;~B,( ESQUIRE. A:ttorney J.D. #76084 KIMBERLY A. DEWITT, ESQUIRE Attorney J.D. #89705 P.O. Box 650 Hershey, P A 17033.0650 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROL J. MOWERY, individually, and CAROL J. MOWERY, Executrix of the Estate of RICHARD S. MOWERY, Deceased CIVIL DIVISION NO. 05-3637 Plaintiffs v. RODNEY J. LITTLE AND DEBRA R. LITTLE Defendants PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANTS' COUNTERCLAIM Plaintiff, Carol J. Mowery, individually, and Carol J, Mowery, Executrix of the Estate of Richard S. Mowery, Deceased, (hereinafter "Plaintiff') through her counsel, James Smith Dietterick & Connelly LLP, files Preliminary Objections to Defendants' Counterclaim as follows: INTRODUCTION l. Plaintiff commenced the above-captioned action on July 18, 2005, by filing a Complaint against Defendants Rodney J. Little and Debra R. Little (hereinafter "Defendants"). 2. Plaintiff's Complaint alleged a breach of contract by Defendants for failure to pay for equipment, appliances and furnishings nnder a Purchase Agreement ("Agreement"), a copy of which is attached to Plaintiff's Complaint as Exhibit "A". 3. On or about August 24, 2005, Defendants filed an Answer to Plaintiff's Complaint, along with a New Matter and Counterclaim. 4. In their Connterclaim, Defendants allege that Plaintiff and her deceased husband, Richard S. Mowery, removed items from their property which value approximately $16,519.00, and further claim attorneys' fees under 42 Pa.C.S.A. ~2503. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO DISMISS DEFENDANTS' COUNTERCLAIM FOR FAILURE TO CONFORM TO LAW OR RULE OF COURT PURSUANT TO Pa.R.C.P. l028(a)(2) 5. Paragraphs I through 4 are incorporated herein by reference. 6. In their Counterclaim, Defendants claim counsel fees under 42 Pa,C.S.A, S 2503 (9), which states, "Any participant who is awarded counsel fees because the conduct of another party in commencing the matter or otherwise was arbitrary, vexatious or in bad faith" and 42 Pa.C,S.A. S 2503 (3), which states, "A garnishee who is found to have in his possession or control no indebtedness due to or other property of the debtor except such, if any, as has been admitted by answer filed." 7. Under Pennsylvania law, to avoid litigation ofan ancillary matter, a claim for attorneys' fees under 42 Pa.C.S.A. 92503 is properly raised by petition at the conclusion ofthe underlying action. 8. Thus, regardless ofthe merits of Defendants , claim, Defendants' request for attorneys' fees is premature and should be stricken. WHEREFORE, Plaintiff respectfully requests that the Court strike Defendants' Counterclaim seeking attorneys' fees for failure to conform to law or rule of court pursuant to Pa.R.C,P. 1028(a)(2). PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO DISMISS DEFENDANTS' COUNTERCLAIM FOR LEGAL INSUFFICIENCY PURSUANT TO PA.R.C.P. NO. l028(a)(4), OR IN THE ALTERNATIVE, FOR INSUFFICIENT SPECIFICITY PURSUANT TO PA.R.C.P, No. l028(a)(3) 9. Paragraphs I through 8 are incorporated herein by reference. 10. In their Counterclaim, Defendants claim counsel fees under 42 Pa.C.S.A. S 2503 (9), which states, "Any participant who is awarded counsel fees because the conduct of another party in commencing the matter or otherwise was arbitrary, vexatious or in bad faith" and 42 Pa.C.S.A. S 2503 (3), which states, "A garnishee who is found to have in his possession or control no indebtedness due to or other property of the debtor except such, if any, as has been admitted by answer filed." 11. Since Defendants are seeking fees pursuant to 42 Pa. C.S.A. S 2503, Defendants bear the burden of establishing one or more of the statutory conditions, 12. However, in their Counterclaim, Defendants fail to aver how Plaintiff's conduct in commencing this action was "arbitrary, vexatious or in bad faith" or how Plaintiff's conduct qualifies under 42 Pa,C.S.A. S 2503 (3) for an award of attorneys' fees. 13. Therefore, as Defendants' request for attorneys' fees is devoid offactual or legal support, it should be stricken, WHEREFORE, Plaintiff respectfully requests that the Court strike Defendants' Counterclaim seeking attorneys' fees for lack of specificity and legal insufficiency pursuant to Pa.R.C.P. 1028(a)(4) and (3). PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO DISMISS THE COUNTERCLAIM FOR LEGAL INSUFFICIENCY PURSUANT TO P A.R.C.P. NO. 1028(a)(4), OR IN THE ALTERNATIVE, FOR INSUFFICIENT SPECIFICITY PURSUANT TO PA.R.C.P, No. 1028(a)(3) 14. Paragraphs 1 through 13 are incorporated herein by reference. 15. In their Counterclaim, Defendants assert a claim against Plaintiff for allegedly removing certain items off their property, and apparently, though the Counterclaim fails to allege specifically what cause of action Defendants are raising, asserts Plaintiff breached the contract between the parties by doing so. 16. To establish a cause of action for breach of contract, the plaintiff must allege "(1) the existence of a contract, including its essential terms, (2) a breach of a duty imposed by the contract and (3) resultant damages," CoreStates Bank NA. v. Cutillo, 1999 PA Super 14, 723 A,2d 1053, 1058 (Pa. Super. 1999) (citations omitted). 17. In their Counterclaim, Defendants fail to set forth facts sufficient to establish a cause of action for breach of contract against Plaintiff. 18. Additionally, the facts as alleged in Defendants' Counterclaim are not sufficient to establish any cause of action against Plaintiff. 19. Defendants' Counterclaim fails to allege a valid cause of action against Plaintiff, therefore, Defendants' Counterclaim is defective should be dismissed. WHEREFORE, Plaintiff respectfully requests the Court to dismiss Defendants' Counterclaim for legal insufficiency and/or insufficient specificity pursuant to Pa,RC.P. 1028(a)(3) and (4). Respectfully submitted, Dated: ::ME~D)TT;CK & CONNELLY Lll )~ ARD . SE R, ESQUIRE ( orney LD. #76084 KIMBERLY A. DEWITT, ESQUIRE Attorney LD. #89705 P.O. Box 650 Hershey, P A 17033-0650 (717) 533-3280 CERTIFICATE OF SERVICE The undersigned hereby certifies that I served a true and correct copy of the foregoing Plaintiffs Preliminary Objections to Defendants' Counterclaim upon the following below-named individual(s) by depositing same in the U,S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this ~daYOf~2005. SERVED UPON: John H. Broujous, Esquire 4 North Hanover Street Carlisle, P A 17103 Dated: qJ q /u ~' !/ JAMES SMIT!fDIETTERICK & CONNELLY LLP ~---------- By: P.O. Box 650 Hershey, P A 17033-0650 (717) 533-3280 () , , ;:'1 t/j 1'0 (_0) lil 0:? C} - CAROL J. MOWERY, Individually, and CAROL J. MOWERY, Executrix of the Estate of Richard S. MOWERY, Deceased, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : CIVIL ACTION - LAW v, : NO. 05-3637 Civil RODNEY J, LITTLE and DEBRA R. LITTLE, Defendants DEFENDANTS' RODNEY J. LITTLE AND DEBRA R. LITTLE RESPONSE TO PLAINTIFF'S PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO DISMISS THE COUNTERCLAIM FOR LEGAL INSUFFICIENCY PURSUANT TO PR.R.C,P.NO. 1028(a)(4) OR IN THE ALTERNATIVE, FOR INSUFFICIENT SPECIFICITY PURSUANT TO PA.R.C.P,No 1028(a)(3) Defendant's Rodney J. Little and Debra R. Little through attorney John H. Broujos, Broujos & Gilroy, P.c. do hereby respond to Plaintiffs Preliminary Objections to Defendant's Counterclaim. Introduction I. Admitted. 2. Admitted. 3. Admitted. 4. Denied that Defendants counterclaim is properly averred or described with respect to the actions and omissions of Plaintiffs; Defendants aver that the acts and omissions were substantially more than simply removal of items and that the averment of the counterclaim and cause of action is properly averred in paragraphs 21 through 36. Plaintiffs are asking Defendants to plead evidence and has the opportunity of substantial discovery assets. 5. Defendants at the present time in the pleadings withdraw their claim for counsel fees without prejudice to their right to claim counsel fees based on any pleadings and/or discovery and evidence which may appear during the progress of the case. 6. This response is applicable to paragraphs 5 through 8. 7. This response is applicable to paragraphs 9 through 13. 8. Pursuant to averments in this pleading. WHEREFORE, Defendants pray the Honorable Court to withdraw their claim for counsel fees without prejudice to claim their right to claim counsel fees based on pleadings, discovery, evidence, and trial which may appear during the progress of the case. PRELIMINARY OBJECTION IN THE NATURE OF A MOTION TO DISMISS THE COUNTERCLAIM FOR LEGAL INSUFFICIENCY PURSUANT TO PR.R.C.P.NO, l028(a)(4) OR IN THE AL TERNA TlVE, FOR INSUFFICIENT SPECIFICITY PURSUANT TO PA.R.C,P. No 1028(a)(3). 14. Paragraph I through 13 and the answers thereto are incorporated herein by reference. 15. Incorporating paragraphs I through 13 do not call for responses from Defendants, since the averments are in the nature of preliminary objections. In the event that the Court considers this proceeding of paragraphs 14 through 19 to be proper, Defendants have set forth the following: A. A cause of action in breach of contract on the theory of counterclaim is alleged in the list of defects and grievances set forth with specificity in paragraphs in the counterclaim, including specific dates, events, and values. B. The terms of the original document designated Exhibit A, alleged to be an agreement, do not constitute a viable basis for recovery under all of the averments made by Plaintiffs. 16. Although Plaintiffs allege a document and an agreement, the document is vague and unenforceable as presented in pleadings. The only true course is apply the doctrine of unconscionability and the concept of reasonableness. If the claim sounds in quantum meruit, the terms have not been so presented. The factual breach of duty and the document exhibited and signed by Plaintiffs, which did not permit removal of specific and named items on specific dates for specific value, with an obligation to returnd. 17. Plaintiffs had a duty not only to deliver the personal property, but to leave and to return the property to the premises. On those occasions that Plaintiffs did take personal property, with or without permission, a bailment arose directly or by implication, imposing a duty to return the property within a reasonable or predetermined time. 18. The circumstances of repossession, for a time certain, constitute an agreement to take temporary possession sufficient to impose the terms of a bailment, and, in most instances, with a concomitant duty to return possession. Failure to do so establishes damages to the extent of the fair market value thereof. 19. Denied. On the contrary, the counterclaim alleges a valid cause of action against Plaintiffs. The causes sound in tort, contract, theft, and bailment. WHEREFORE, Defendants respectfully requests the Court to dismiss the Preliminary Objection for legal insufficiency and/or insufficient specificity pursuant to the facts herein as applied to the law. Broujos, Esquire #6268 JOS & GILROY, P.C. 4 North Hanover Street Carlisle, PA 17013 717/243-4574; 717/766-1690 9 ,..., c;:-:'J (.:;;:,l <J' C"? C) -. o -n .-1 ~ ~-n rnc:; -0 ,~:....: ':,3:~~; ::-~~ ~L~ ,.:~?\dl 51 -< w ""D .....J CAROL J. MOWERY, IndividuaIly, and CAROL J. MOWERY, Executrix of the Estate of Richard S. MOWERY, Deceased, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs : CIVIL ACTION - LAW v. : NO. 05-3637 Civil RODNEY J. LITTLE and DEBRA R. LITTLE, Defendants CERTIFICATE OF SERVICE I hereby certify that on this 3rd day of October, 2005, I served a true and correct copy of Defendants' Rodney J. Little's and Debra R. Little's response to Plaintiff's Preliminary Objection in the nature of a Motion to Dismiss the counterclaim for legal insufficiency pursuant to PR.R.C.P.NO. 1028(a)(4) or in the alternative, for insufficient specificity pursuant to P A.R.C.P.No 1028(a)(3) via first class mail, postage pre-paid to: Edward P. Seeber. Esquire JAMES. SMITH. DIETTER1CK & CONNELLY. LLP P.O. Box 650 Hershey, PA 17033 Date: 16 ~ C'?S ~- "'-", John-H,.. oujos. Esquire #6268 BROUJOS & GILROY. P.c. 4 North Hanover Street Carlisle. PA 17013 717/243-4574; 717/766-1690 C) ,..., 0 = c: = -., <-'"' 0 :r! ,) n1:D -, r' I -n n-: W ~';'~~: -rr ' .~:; -;.~ -"' ~<-^~~ J::- .::> j;! ;J:) .....J -< PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) CAROL J. MOWERY, Individually, and CAROL J. MOWERY, Executrix of the Estate of RICHARD S. MOWERY, Deceased (Plaintiff) vs. RODNEY J. LITTLE and DEBRA R. LITTLE (Defendants) No. 05-3637 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Preliminary Objections to Defendant's Counterclaim 2. Identify counsel who will argue case: (a) for plaintiff: Edward P. Seeber, Esquire Address: P.O. Box 650, Hershey, P A 17033 (b) for defendant: John H. Broujos, Esquire Address: 4 North Hanover Street, Carlisle, P A 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court date: November 23,2005 '""" c1- Att\~~aG&~ Q ~:. ,..., C-"> (;~ "'.., co C"~; -, I .....J ~;~ -".... E c:::> (,.J #7 CAROL J. MOWERY. Individually, & CAROL J. MOWERY, Executrix of the ESTATE OF RICHARD S. MOWERY, Deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA V. RODNEY J. LITTLE & DEBRA R. LITTLE : NO. 2005 - 3637 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS TO DEFENDANTS' COUNTERCLAIM BEFORE BAYLEY, GUIDO, JJ. ORDER OF COURT AND NOW. this 29TH day of NOVEMBER, 2005. after reviewing the parties' briefs, and having heard argument thereon. Plaintiffs' Preliminary Objections to Defendants' Counterclaim are DENIED. Edward E. Guido. 1. Edward P. Seeber, Esquire Kimberly A. DeWitt, Esquire P.O. Box 650 Hershey. Pa. 17033-0650 John H. Broujos, Esquire 4 North Hanover Street Carlisle, Pa. 17013 (J- ,f.-oS C!~ ~ Jlf'; Court Administrator :sld 01 :(' J, "! 1::'-' ,!., ,....-, 'l SJUZ :Y"J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROL J. MOWERY, individually, and CAROLJ. MOWERY, Executrix of the Estate of RICHARD S. MOWERY, Deceased CIVIL DIVISION NO. 05-3637 Plaintiffs v. RODNEY J. LITTLE AND DEBRA R. LITTLE Defendants PLAINTIFF'S REPLY TO NEW MATTER AND ANSWER AND NEW MATER TO COUNTERCLAIM AND NOW comes Plaintiff, Carol J. Mowery, individually, and Carol J. Mowery, Executrix of the Estate of Richard S. Mowery, Deceased, (hereinafter "Plaintiff') through her counsel, James Smith Dietterick & Connelly LLP, and files this Reply to New Matter and Answer and New Matter to Counterclaim as follows: REPLY TO NEW MATTER 13. Paragraph 13 of Defendants' New Matter contains conclusions of law to which no response is required. To the extent that a response is required, it is denied that Plaintiff should be estopped from asserting a claim against Defendants. 14. Plaintiff is without sufficient information to fonn a belief as to the truth of Defendants' averment in Paragraph 14 of their New Matter, and therefore, said averment is denied. Strict proof of same is demanded at trial. By way of further answer, the fact that Defendants are capable of making periodic payments in the amount of $450.00 per month is immaterial and does not amount to any defense to Plaintiff's action in breach of contract. ~ 15. Denied. The Agreement between the Parties is a document in writing which speaks for itself, and is attached to Plaintiffs Complaint as Exhibit "A". By way of further answer, Plaintiff is sti11living and any language in the Agreement as to the death of the Sellers is irrelevant. 16. Denied. Paragraph 16 of Defendants' New Matter contains conclusions of law to which no response is required. To the extent that a response is required, it is denied that Plaintiff failed to meet her obligation to make a reasonable effort to agree upon installment payments. 17. Denied. Paragraph 17 of Defendants' New Matter contains conclusions of law to which no response is required. To the extent that a response is required, it is denied that Plaintiff acted unconscionable or unreasonable. 18. Plaintiff is without sufficient information to fonn a belief as to the truth of Defendants' averment in Paragraph 18 of their New Matter, and therefore, said averment is denied. Strict proof of same is demanded at trial. By way of further answer, Plaintiff has no obligation to ascertain Defendants' financial stability before entering into the Agreement. 19. Plaintiff is without sufficient information to fonn a belief as to the truth of Defendants' averment in Paragraph 19 of their New Matter, and therefore, said averment is denied. Strict proof of same is demanded at trial. By way of further answer, the fact that Defendants had no prior experience with real estate purchases does not excuse their obligations to Plaintiff under the Agreement. 20. Denied. Paragraph 20 of Defendants' New Matter contains conclusions of law to which no response is required. To the extent that a response is required, it is denied that Defendants are entitled to a recalculation of the total amount owed. 2 .. Wherefore, Plaintiff demands judgment in its favor and against Defendants for the total amount due $205,000.00, with interest and Plaintiff's attorney's fees and costs. ANSWER TO COUNTERCLAIM 21. Plaintiff incorporates herein Paragraphs 1 through 12 of her Complaint and 13 through 20 of her Reply to New Matter. 22. Plaintiff is without sufficient information to fonn a belief as to the truth of Defendants' averment in Paragraph 22 of their Counterclaim, and therefore, said averment is denied. Strict proof of same is demanded at trial. By way of further answer, Plaintiff denies any items were removed from the property without Defendants' permission. 23. Plaintiff is without sufficient information to fonn a belief as to the truth of Defendants' averment in Paragraph 23 of their Counterclaim, and therefore, said averment is denied. Strict proof of same is demanded at trial. By way of further answer, Plaintiff denies any items were removed from the property without Defendants' permission. 24. Plaintiff is without sufficient information to form a belief as to the truth of Defendants' averment in Paragraph 24 of their Counterclaim, and therefore, said averment is denied. Strict proof of same is demanded at trial. By way of further answer, Plaintiff denies any obligation to improve or return items which were allegedly removed from the property without Defendants' permission. 25. Plaintiff is without sufficient information to form a belief as to the truth of Defendants' averment in Paragraph 25 of their Counterclaim, and therefore, said 3 averment is denied. Strict proof of same is demanded at trial. By way of further answer, Plaintiff denies Defendants' demanded return of any items which were allegedly removed from the property without Defendants' permission. 26. Plaintiff is without sufficient information to form a belief as to the truth of Defendants' averment in Paragraph 26 of their Counterclaim, ,md therefore, said averment is denied. Strict proof of same is demanded at trial. By way of further answer, Plaintiff denies any problems were discussed at the time of signing the Agreement. Moreover, Defendants reference Exhibit "B" in Paragraph 26 of their Counterclaim, yet no Exhibit "B" is attached to the copy of the Counterclaim served on Plaintiff's counsel. 27. Denied. The Agreement is a document in writing which speaks for itself. 28. Plaintiff is without sufficient information to fonn a belief as to the truth of Defendants' averment in Paragraph 28 of their Counterclaim, and therefore, said averment is denied. Strict proof of same is demanded at trial. By way of further answer, Plaintiff denies Defendants ever made known to Plaintiff that some of the fixtures on the property were unsafe and had to be repaired. 29. Plaintiff is without sufficient information to form a belief as to the truth of Defendants' averment in Paragraph 29 of their Counterclaim, and therefore, said averment is denied. Strict proof of same is demanded at trial. By way of further answer, Defendants reference Exhibit "B" in Paragraph 26 of their CouIlterclaim, yet no Exhibit "B" is attached to the copy of the Counterclaim served on Plaintiff's counsel. 30. Plaintiff is without sufficient information to form a belief as to the truth of Defendants' averment in Paragraph 30 of their Counterclaim, and therefore, said averment is denied. Strict proof of same is demanded at trial. By way of further answer, 4 Plaintiff denies any items were removed from the property without Defendants' permission. 31. Plaintiff is without sufficient information to form a belief as to the truth of Defendants' averment in Paragraph 31 of their Counterclaim, ,md therefore, said averment is denied. Strict proof of same is demanded at trial. By way of further answer, Plaintiff denies any items were removed from the property without Defendants' permission. 32. Plaintiff is without sufficient information to form a belief as to the truth of Defendants' averment in Paragraph 32 of their Counterclaim, ,md therefore, said averment is denied. Strict proof of same is demanded at trial. By way of further answer, Plaintiff denies any items were removed from the property without Defendants' permission. 33. Plaintiff is without sufficient information to form a belief as to the truth of Defendants' averment in Paragraph 33 of their Counterclaim, and therefore, said averment is denied. Strict proof of same is demanded at trial. By way of further answer, Plaintiff denies any misrepresentations were made regarding the Cabin Cruiser. 34. Denied. Paragraph 34 of Defendants' Counterclaim contains conclusions of law to which no response is required. To the extent that a response is required, it is denied that Defendants have stated a cause of action against Plaintiff for fraudulent removal. 35. Denied. Paragraph 35 of Defendants' Counterclaim contains conclusions of law to which no response is required. To the extent that a response is required, it is denied that Defendants have stated a cause of action against Plaintiff for fraudulent conduct. 5 36. Denied. Paragraph 36 of Defendants' Counterclaim contains conclusions of law to which no response is required. To the extent that a response is required, it is denied that Defendants have a right to set off against Plaintiff's breach of contract action. WHEREFORE, Plaintiff requests this Honorable Court enter judgment in favor of Plaintiff and against Defendants, and that Defendants' Counterclaim be dismissed with prejudice. REPLY TO CLAIM FOR COUNSEL FEES UNDER 42 P A.C.S.A. 2503 37. Plaintiff incorporates herein Paragraphs 1 through 12 of her Complaint, Paragraphs 13 through 20 of her Reply to New Matter and Paragraphs 21 through 36 of her Answer to Counterclaim. 38. Denied. Plaintiff filed Preliminary Objections to Defendant's Counterclaim on or about September 12, 2005, objecting to Defendants' request for attorneys' fees and asking the Court to dismiss Defendants' Counterclaim for legal insufficiency. Defendants' filed their Response to Plaintiff's Preliminary Objections on October 3, 2005, in which Defendants withdrew their requests for attorneys' fees from their Counterclaim (Response '1[5). 39. Denied for reasons more specifically stated in Response to Paragraph 38. 40. Denied for reasons more specifically stated in Response to Paragraph 38. NEW MATTER TO COUNTERCLAIM 41. Plaintiff incorporates herein Paragraphs 13 through 40 above. 42. Defendants' counterclaims are barred by reason of their failure to state causes of action upon which relief can be granted. 6 J , 42. Defendants' counterclaims are barred by failure of consideration. 43. Defendants' counterclaims are barred by the doctrine of estoppel due to their own material breach of the underlying Agreement. Wherefore, Plaintiff demands judgment in its favor and against Defendants for the total amount due $205,000.00, with interest and Plaintiff's attorney's fees and costs. Dated: Respectfully submitted, JAMES SMITH DI.ETTERICK & CONNELLY LLP J, . , , 'J-. / '-., / (,.; ......., j " . j' ,.--..., ~ ' By: ...... l \.~ EDWARD P. SEEBER, ESQUIRE ( ~ Attorney 1.0. #76084 KIMBERLY A. DEWITT, ESQUIRE Attorney I.D. #89705 P.O. Box 650 Hershey, P A 17033-0650 (717) 533-3280 7 > . , CERTIFICATE OF SERVICE The undersigned hereby certifies that I served a true and correct copy of the foregoing Plaintiff s Reply to New Matter and Answer and New Matter to Counterclaim upon the following below-named individual(s) by depositing same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this ~ day of \ \~ Lt.vt. L-.__.... ,2005. SERVED UPON: John H. Broujous, Esquire 4 North Hanover Street Carlisle, PA 17103 JAMES SMITH DIETrERICK & CONNELLY LLP Dated: \ " ~i l.J. Il....' i: / .~, ') L-- ."" EbW ARD P. SEEBER, ESQUIRE Atto)'l1ey J.D. #76084 KIMBERLY A. DEWITT, ESQUIRE Attorney J.D. #89705 By: P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 8 (") ~; ;":Pi;:': ,..., = c-.,:;) CoJ' c::l P1 " o ., -; :1:" rn~" " ""t.rfi"! ~i J;:-} :"') I .\J~ \D ~ _.~', "'- :- ~~_. .;.... (.) -~';inl :;:"-1 .j.'" :JJ .-< o ."" CO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROL J. MOWERY. individually. and CAROL J. MOWERY, Executrix of the Estate of RICHARD S. MOWERY, Deceased CIVIL DIVISION NO. 05-3637 Plaintiffs v. RODNEY J. LITTLE AND DEBRA R. LITTLE Defendants DEFENDANTS FILE THIS REPLY TO NEW MATTER TO COlJNTERCLAIMS Defendants Rodney J. Little and Debra R. Little through their attorney John H. Broujos of Broujos & Gilroy, P.c. file this reply to new matter to counterclaims. 41. No response is required. 42. Denied. On the contrary the causcs of action upon which relief can bc granted were pleaded in good order. In addition, the averment fails to aver any facts, allcgations or reasons for claiming failure to state causes of action upon which relief can be grantcd. with specificity. 42. (sic) Denied. In addition, the averment fai Is to aver any facts. allegations, or reasons for claiming failure of considcration, with specificity. 43. Denied. Thc averment fails to aver any facts. allegations. or reasons for claiming the doctrine of estoppel or pleading the specificity of Defendants allcged own material breach of the underlying Agreement. On the contrary Defendants have not caused any matcrial breach of the underlying Agreement. WHEREFORE. Defendants pray the Court to find that the averments of new matter to the counterclaims are without merit and should be dismissed and judgment rendered in favor of Defendants. tfully submit;2d, / \.- /). \.Js-=-.. .. ...~/\- <::::"""-~ Jot' L Broujos. Esqui;c 6268 BRO iJOS & GILROY, P.e. 4 North Hanover Street Carlisle. P A 17013 717/243-4574; 717/766-1690 ATTORNEY VERIFICATION I. JOHN H. BROUJOS. ESQUIRE, hcreby verify that I am thc attorney of record for Defendants; Rodney J. Littlc And Debra R. Little; that [ am authorized to takc this vcrification on their behalf pursuant to Pa. R.C.P. 1024(c) because they arc outside ofthejurisdiction ofthe Court and verification cannot be obtained within the timeframe allowed for filing this pleading; and that based upon my review of the material documents in this case and my reasonable investigation, the facts contained in the foregoing reply are true and correct to the best of my knowledge. information, and belief. lunderstand that fafse statements made herein are subject to the penalties of 18 Pa. C.S.A. 9 4904 relating to unsworn f Isific '~a:t1i6Jit::)' , P(\K? \~ohn II. Broujos. Esquire Date: 1.1 0.06 " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROLlo MOWERY, individually. and CAROL J. MOWERY. Executrix of the Estate of RICHARD S. MOWERY, Deceased CIVIL DIVISION NO. 05-3637 Plaintiffs \-. RODNEY J. LITTLE AND DEBRA R. LITTLE Defendants CERTIFICATE OF SERVICE I hereby certify that on this 10th day of January. 2006.1 served a true and correct copy of Defendants Rodney J. Little and Debra R. Little's reply to New Matter to Countcrclaims of Plaintiffs Carol J. Mowery. individually. and Carol J. Mowery, executrix of the estate of Richard S. Mowery via first class mail. postage prepaid to the law otliee of': Edward P. Seeber. Esquire. James Smith Dietterick & Connelly. 1.1.1'. P.O. Box 650. Hershey. PA 17033-0650. counsel for Plaintiffs. Date: "" ~ t 0 'c, G . ) ~~ .// ,"<\ '7 \~\:'-<"l\ John I . BrouJos. Esqtllre #6268 m~oo OS & Gll.ROY, P.l'. 4 North Hanover Street Carlisle, I' A 17013 717/243-4574: 717/766-1690 e: Rodney J. and Debra R. Little r-,~ <':',":') C) " .~ ""' I ., c_ ::~j ,::-.. C) -C" , .. f',) 1 C ~. CAROL J. MOWERY, Individually, and CAROL J. MOWERY, Executrix of the Estate of Richard S. MOWERY, Deceased, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs : CIVIL ACTION - LAW v. : NO. 05-3637 Civil RODNEY J, LITTLE and DEBRA R. LITTLE, Defendants DEFENDANTS' RODNEY J. LITTLE AND DEBRA R. LITTLE RESPONSE TO PLAINTIFF'S REQUEST FOR ADMISSIONS Defendant's Rodney J. Little and Debra R. Little through attorney John H. Broujos of Broujos & Gilroy. P.c. do hereby respond to Plaintiffs Request for Admissions. 1. Defendant's admit taking possession of that portion or the property listed in the Agreement. which was subject to the conditions following: . The thiliy-one foot double-hauled cabin cruiser was only partially represented by PlaintiJTs prior to delivery. . The backhoe was treated as a bailment by Plaintiff Richard Mowery, who said he needed to use it to dig the (()oters and for preparation for the new shop he was building at his new home. He said he would bring it back when he was done using it. l'laintill took it whcn we werc not al home and never returned it. PlaintjlTs were both aware of this agreement. . Appliances. window treatments, and furnishings in five cabins as delivcred were not as represcnted prior to delivery: portions thereof not being present: and portions were in fact removed, as set forth in paragraph 8 of Dercndant's Answer to Complaint. . Property was subject to water damage. with leaking root: gutters. and other damages. Property was subject to conditions not intended under the agreement. . Defendant's took possession of items that were not as anticipated and expected under the Agrcement, as Defendants were anticipating. . Defendants found over weeks after February 12.2003. that thcre were items not delivered or were delivered in impropcr or unsafe condition. See paragraphs 28 and 29 of Answer. . DeJendants in effect did not have possession as contemplated during negotiations. and under a fair reading of time agrcement. . Items set forth in the Counterclaim were portions of the total package of personal property. 2. Defendants admit that one payment was made: on November 26. 2004 in the amount of $50.000.00. Defendants claim Defendants were not obligated to make any payments to Plaintiffs for failure of consideration. 3. Defendants admit no payment was made because no payment was due. because of failure of consideration by Plaintiffs of an unresolved dispute. R~spe'ctti.Illy submitted. .... " , John H. Broujos, Esquire #6268 BROLi.lOS & GILROY. P.c. 4 North Hanover Street Carl isle. PAl 7013 717/243-4574: 7] 7/766-1690 CAROL J. MOWERY, Individually, and CAROL J. MOWERY, Executrix of the Estate of Richard S. MOWERY, Deceased, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs : CIVIL ACTION - LAW v. : NO. 05-3637 Civil RODNEY J. LITTLE and DEBRA R. LITTLE, Defendants ATTORNEY VERIFICA nON I. JOHN H. BROUJOS. ESQUIRE. hereby verify that I am the attorney of record for Defendants; Rodney J. Little and Debra R. Little; that I am authorized to take this verification on their behalf pursuant to Pa. R.C.P. l024(c) because they are outside of the jurisdiction of the Court and their verification cannot be obtained within the timeframe allowed for filin~ this pleading; and that based upon my review of the material documents in this case and my reasonable invcstigation. the facts contained in the forcgoing Request for Admissions are true and correct to the best of my knowledge. information. and belief. 1 understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsification to authorities. John H. Broujos. Esquire Date: March 24. 2006 CAROL J. MOWERY, Individually, and CAROL J. MOWERY, Executrix of the Estate of Richard S. MOWERY, Deceased, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs : CIVIL ACTION - LAW v. : NO. 05-3637 Civil RODNEY J. LITTLE and DEBRA R. LITTLE, Defendants CERTIFICATE OF SERVICE I hereby certify that on this 24th day of March. 2006, I served a true and correct copy of Defendants' Rodney J. Little and Debra R. Little's response to Request for Admissions via first class mail, postage pre-paid to: Edward P. Seeber, Esquire. James, Smith. Oietterick & Connelly, LLP. P.O. Box 650. Hershey. PA 17033. counsel for Plaintiffs. Date: March 24. 2006 John H. Broujos. Esquire #6268 BROUJOS & GILROY. P.C. 4 North Hanover Strcet Carlisle. P A 17013 717/243-4574: 717/766-1690 'r .- ( e.' C) ~H " ~ ; , ::.~J ''-,J c[l :T1~ ..--. -:'1 r-,," C) , '.,,! "1 -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROL J. MOWERY, individually, and CAROL 1. MOWERY, Executrix of the Estate of RICHARD S. MOWERY, Deceased CIVIL DIVISION NO. 05-3637 Plaintiffs v. RODNEY J. LITTLE AND DEBRA R LITTLE Defendants MOTION FOR SUMMARY JUDGMENT PURSUANT TO Pa.R.C.P. 1035.2 Plaintiff, Carol J. Mowery, individually, and Carol J. Mowery, Executrix of the Estate of Richard S. Mowery, Deceased, (hereinafter "Plaintiff'), by her attorneys, James, Smith, Dietterick & Connelly, LLP., files the following Motion for Summary Judgment Pursuant to Pa. RC.P. 1035.2: 1. Plaintiff commenced the above-captioned action by filing a Complaint in Breach of Contract (hereinafter "Complaint") on or about July 18, 2005, with respect to a certain purchase agreement (hereinafter "Agreement") wherein Defendants Rodney J. Little and Debra R Little (hereinafter "Defendants") agreed to purchase certain equipment, appliances and furnishings located at 50 Iron Run Road, Newville, Pennsylvania in the amount of Two Hundred and Fifty Thousand Dollars ($250,000.00). A true and correct copy of the Agreement is attached to Plaintiff's Complaint as Exhibit "A" and incorporated herein by reference. 2. Plaintiff's Complaint alleges Defendants have breached the Agreement; specifically, to date, Defendants have made only one (1) payment under the Agreement, a payment in the amount of $50,000.00, on November 24, 2004. 3. Defendants filed an Answer to Plaintiffs Complaint (hereinafter "Answer") with New Matter and Counterclaim on or about August 24, 2005. 4. In their Answer, Defendants admit the following relevant material facts: a) The identity of the Parties (Answer at 'lI1, 2 & 3); b) Defendants entered into the Agreement (Answer at'll4); c) Defendants have made only the one payment in the amount of $50,000 under the Agreement (Answer at'll5); d) Defendants owe money under the Agreement (Answer at 16); e) The Agreement has not been released, transferred or assigned; (Answer at 'lI7); and f) Plaintiffs made demands for payment by Defendants. (Answer at 'lI11). 5. In their Answer, Defendants deny their default, deny that a breach of the Agreement occurred, deny the amount due and owing Plaintiff, allege that a number of items under the Agreement were not delivered by Plaintiff, and that Plaintiff has refused to accept their reasonable offer to make monthly payments. (Answer, 'II'l! 5-12). 6. In their New Matter and Counterclaim, Defendants state they want to make monthly payments to Plaintiff, that deceased Plaintiff Richard S. Mowery removed a number of items from the Premises, and that Defendants had to repair some items that were sold under the Agreement. (New Matter and Counterclaim, 'II'l! 13-36). 7. Defendants assert a set-off counterclaim in the amount of $16,519.00, based on the claims of the items that were removed and the repairs that had to be made, (Counterclaim at'll 36). 8. Defendants' New Matter and Counterclaim also asserted a claim for counsel fees which Defendant has since withdrawn. (Defendant's Response to Plaintiff's Preliminary Objections, 'liS) 9. On or about Febmary 17, 2006, Plaintiff served Defendants with a Request for Admissions, Interrogatories and Requests for Production of Documents. Plaintiff s Request for Admissions, Interrogatories and Requests for Production of Documents, and Defendants responses to same, are attached hereto and made a part hereof as Exhibit "A", "B", and "C", respectively. 10. In their Admissions, Defendants admit taking possession of the property in the Agreement, with the exception of the disputed items as described in Defendants' New Matter and Counterclaim (Response to Plaintiff s Request for Admissions 'lIl) and that Defendants made only one payment under the Agreement, on November 26, 2004 in the amount of $50,000.00 (Response to Plaintiffs Request for Admissions 'lI2, 3). 11. In their Answers to Plaintiff s Interrogatories, Defendants continue to allege that they made an offer of reasonable payment which was refused by Plaintiffs and that there is an obligation to give credit for a counterclaim in the amount of $16,519.00 based on the items taken and damaged property as described in their Answer, New Matter and Counterclaim. (Answer to Plaintiff's Interrogatories 'lI1-5). 12. For purposes of this Motion for Summary Judgment, Plaintiff concedes Defendant is entitled to a set-off of the amount due under the Agreement in the amount of $16,519.00 13. Defendants have admitted to signing the Agreement, have admitted to making no payments to Plaintiffs other than the $50,000.00 payment in November of 2004, and have raised no defenses other than the alleged set -off in the amount of $16,519.00, which Plaintiff has agreed to for purchases of this Motion for Summary Judgment. 14. Defendants have failed to raise any genuine issue of material fact and have failed to offer any valid defense for the breach of contract. Therefore, pursuant to Pa.R.C.P. 1035.2, Plaintiff is entitled to summary judgrnent as a matter of law. WHEREFORE, pursuant to Pa.R.C.P. 1035.2, Plaintiff respectfully requests this Honorable Court grant its Motion for Summary Judgment and enter Judgment in its favor and against Defendants in the amount of $188,481.00 plus interest and attorneys' fees. Respectfully submitted, DATED:~ BY: JAMES, SMITH, ber, Esquire Pa. 1.0. #76 4 Kimberly A. DeWitt, Esquire Pa. 1.0. # 89705 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROLJ. MOWERY, individually, and CAROLJ. MOWERY, Executrix of the Estate of RICHARD S. MOWERY, Deceased CIVIL DIVISION NO. 05-3637 Plaintiffs v. RODNEY J. LITTLE AND DEBRA R. LITTLE Defendants CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the~lfn for Summary J1\r'~~"" "'.R.CY. 1035.2 W~ ='" 00 "', follow;',. <hi' w.yof , 2006, via First Class U. S. Mail, Postage Pre-paid: John H. Broujous, Esquire Hubert X. Gilroy, Esquire Broujous & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 JAMES, SMITH, DlETTERICK & ONNELL Y LLP BY Edward P. Se er, Esquire Pa.l.D. #760 Kimberly A. DeWitt, Esquire Pa. l.D. # 89705 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Exhibit" A" (" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROL J. MOWERY, individually, and CAROL J. MOWERY, Executrix of the Estate of RICHARD S. MOWERY, Deceased CIVIL DIVISION NO. 05-3637 Plaintiffs v. RODNEY J. LITTLE AND DEBRA R. LmLE Defendants PLAINTIFF'S REOUEST FOR ADMISSIONS DIRECTED TO DEFENDANTS To: Rodney 1. Little and Debra R. Little c/o John H. Broujos, Esquire 4 North Hanover Street Carlisle, PA 17013 AND NOW, pursuant to Pa.R.C.P. 4014, comes the Plaintiff, Carol J. Mowery, by and through her attorneys, JAMES, SMITH, DIETTERICK & CONNELLY, LLP and requests Defendants, Rodney J. Little and Debra R. Little to make the following admissions within thirty (30) days after service. Responses to these requests are to be served upon the undersigned within thirty (30) days after service. INSTRUCTIONS 1. These Requests for Admissions are directed to the Defendants, their agents servants, assigns, representatives, past and present, and unless privilege is claimed, each and every attorney, past and present, of each and every such individual or entity. As used herein, "Defendant," "Defendants" "you" and "your" means the Defendants to which these requests for admissions are addressed, their agents, servants, assigns, representatives, past and present, and each and every attorney, past and present, of each and every such individual or entity. 2. These requests for admissions encompass all information, documents and records that are in the possession, control, or custody of Defendants. 3. If any objections are made to any Request for Admission, the reasons therefore shall be specifically stated. 4. If there is any claim of privilege relating to any request to admit, you shall set forth fully the basis for the claim of privilege, including the facts upon which you rely to support the claim of privilege in sufficient detail to permit the court to rule on the propriety of the privilege. 5. If your response to any request is not an unqualified admission, your answer shall specifically deny the matter or set forth in detail the reasons why you cannot truthfully admit or deny the matter. 6. A denial shall fairly meet the substance of the requested admission, and when good faith requires that you qualify your answer or deny only a part of the matter of which an admission is requested, you should specify so much of it as is true and qualify or deny the remainder. 7. You may not give lack of information or knowledge as a reason for failure to admit or deny, unless you state that you have made reasonable inquiry and that the information known to you or readily obtainable by you is insufficient to enable you to admit or deny. 8. These requests for admissions are continuous in nature and must be supplemented promptly if Defendants obtain or learn further or different information between the date of the response and the time of trial by which Defendants know that a previous response was incorrect when made, or though correct when made, is then no longer true. 2 DEFINITIONS 1. All verbs are intended to include all tenses. 2. References to the singular are intended to include the plural and vice versa. 3. "Any" as well as "all" shall construed to mean "each and every." 4. "And" as well as "or" shall be construed disjunctively as well as conjunctively, as necessary, in order to bring within the scope of these requests all information that might otherwise be construed to be outside their scope. 5. "Agreement" means that Purchase Agreement entered into by and between Plaintiff, Carol J. Mowery and her deceased husband Richard S. Mowery and Defendants Rodney J. Little and Debra R. Little on December 12, 2003, a copy of which is attached to Plaintiffs Complaint as Exhibit "A". 6. "Plaintiff' means "Carol J. Mowery, Individually & Carol J. Mowery, Executrix of the Estate of Richard S. Mowery, Deceased." 7. "Defendants" means "Rodney J. Little and Debra R. Little". 8. "Refer to" or "relate to" means constituting, defming, describing, discussing, involving, concerning, containing, embodying, reflecting, identifying, stating, analyzing, mentioning, responding to, referring to, dealing with, commenting upon, or in any way pertaining to. 3 REQUEST FOR ADMISSIONS 1. Rodney J. Little and DebraR. Little, do you admit that you took possession of the property listed in the Agreement attached to Plaintiff's Complaint as Exhibit "A", and that you continue to maintain possession to date? Yes or No. 2. Rodney J. Little and Debra R. Little, do you admit that you made only one payment pursuant to the Agreement, on November 26, 2004? Yes or No. 3. Rodney J. Little and Debra R. Little, do you admit that you have not made a payment to Plaintiff since November 26, 2004? Yes or No. 4 Dated:~ Respectfully submitted, JAMES SMITH D~TTERIC1& CONNELLY LLP By: EDWARD P. EEBER, ESQU Attorney 1.0. #76084 KIMBERLY A. DEWITI', ESQUIRE Attorney 1.0. #89705 P.O. Box 650 lfershey,Pi\ 17033-0650 (717) 533-3280 5 CERTIFICATE OF SERVICE The undersigned hereby certifies that I served a true and correct copy of the foregoing Plaintiff's Request for Admissions Directed to Defendants upon the following below-named individua1(s) by depositing same~ostage pre-paid at Hershey, Dauphin County, Pennsylvania this Il~ay of ., 6. SERVED UPON: John H. Broujous, Esquire 4 North Hanover Street Carlisle, P A 17103 Dated: d-Inl DU. ::-:rDffiTIOO;r;w EDW~ER. ESQUlRE Attorney I.D. #76084 KIMBERLY A. DEWITT, ESQUIRE Attorney I.D. #89705 P.O. Box 650 Hershey, P A 17033-0650 (717) 533-3280 6 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CAROL J. MOWERY, Individually, and CAROL J. MOWERY, Executrix of the Estate of Richard S. MOWERY, Deceased, Plaintiffs : CIVIL ACTION - LAW v. : NO. 05-3637 Civil (') C $: -om mr;' ~~;._'.'; (f) }':. ;::St:;'l <:1....... DEFENDANTS' RODNEY J. LITTLE AND DEBRA R. LITTLJ;<".2 RESPONSE TO PLAINTIFF'S REQUEST FOR ADMISSIO~ ~ . - ~ -< RODNEY J. LITTLE and DEBRA R. LITTLE, Defendants .-.. ~ = = "" ::It :r:n > ;;0 me- N -om :iJ:?, &' 0 ....,..' .." I-d ::ll: o~ :z: .<:" ~ N :IE 0 -< Defendant's Rodney 1. Little and Debra R. Little through attorney John H. Broujos ofBroujos & Gilroy, P.C. do hereby respond to Plaintiff's Request for Admissions. \. Defendant's admit taking possession of that portion of the property listed in the Agreement, which was subject to the conditions following: . The thirty-one foot double-hauled cabin cruiser was only partially represented by Plaintiffs prior to delivery. . The backhoe was treated as a bailment by Plaintiff Richard Mowery, who said he needed to use it to dig the footers and for preparation for the new shop he was building at his new home. He said he would bring it back when he was done using it. Plaintiff took it when we were not at home and never returned it. Plaintiffs were both aware of this agreement. . Appliances, window treatments. and furnishings in five cabins as delivered were not as represented prior to delivery; portions thereof not being present; and portions were in fact removed. as set forth in paragraph 8 of Defendant's Answer to Complaint. . Property was subject to water damage, with leaking roof. gutters, and other damages. . Property was subject to conditions not intended under the agreement. . Defendant's took possession of items that were not as anticipated and expected under the Agreement, as Defendants were anticipating. . Defendants found over weeks after February 12, 2003, that there were items not delivered or were delivered in improper or unsafe condition. See paragraphs 28 and 29 of Answer. . Defendants in effect did not have possession as contemplated during negotiations, and under a fair reading of time agreement. . Items set forth in the Counterclaim were portions of the total package of personal property . 2. Defendants admit that one payment was made: on November 26. 2004 in the amount of $50,000.00. Defendants claim Defendants were not obligated to make any payments to Plaintiffs for failure of consideration. 3. Defendants admit no payment was made because no payment was due, because of failure of consideration by Plaintiffs of an unresolved dispute. ~y~ 'Qhn . Broujos, Esquire #6268 B JOS & GILROY, P.C. 4 North Hanover Street Carlisle, P A 17013 717/243-4574; 717/766-1690 CAROL J. MOWERY, Individually, and CAROL J. MOWERY, Executrix of the Estate of Richard S. MOWERY, Deceased, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : CIVIL ACTION - LAW v. : NO. 05-3637 Civil RODNEY J. LITTLE and DEBRA R. LITTLE, Defendants ATTORNEY VERIFICATION I, JOHN H. BROUJOS, ESQUIRE, hereby verify that I am the attorney of record for Defendants; Rodney J. Little and Debra R. Little; that I am authorized to take this verification on their behalf pursuant to Pa. R.C.P. 1 024( c) because they are outside of the jurisdiction of the Court and their verification cannot be obtained within the timeframe allowed for filing this pleading; and that based upon my review of the material documents in this case and my reasonable investigation, the facts contained in the foregoing Request for Admissions are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. S 4904 relating to unsworn falsification to authorities. Date: March 24. 2006 CAROL J. MOWERY, Individually, and CAROL J. MOWERY, Executrix of the Estate of Richard S. MOWERY, Deceased, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : CIVIL ACTION - LAW v. : NO. 05-3637 Civil RODNEY J. LITTLE and DEBRA R. LITTLE, Defendants CERTIFICATE OF SERVICE I hereby certifY that on this 24th day of March, 2006, I served a true and correct copy of Defendants' Rodney J. Little and Debra R. Little's response to Request for Admissions via first class mail, postage pre-paid to: Edward P. Seeber, Esquire, James, Smith, Dietterick & Connelly, LLP. P.O. Box 650, Hershey. PA 17033, counsel for Plaintiffs. Date: March 24, 2006 Jo roujos, Esquire 6268 BR UJ S & GILROY, P.C. 4 Nort Hanover Street Carlisle. P A 17013 717/243-4574; 717/766-1690 Exhibit "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROL J. MOWERY, individually, and CAROL 1. MOWERY, Executrix of the Estate of RICHARD S. MOWERY, Deceased CIVIL DIVISION NO. 05-3637 Plaintiffs v. RODNEY J. LITI1..E AND DEBRA R. LITTLE Defendants PLAINTIFF'S FIRST SET OF INTERROGATORIES DIRECTED TO DEFENDANTS To: Rodney J. Little and Debra R. Little c/o John H. Broujos, Esquire 4 North Hanover Street Carlisle, PA 17013 AND NOW, pursuant to Pa.R.C.P. 4005, Plaintiff, Carol J. Mowery, by and through its attorney, JAMES, SMITIi, DIETTERICK & CONNELLY, LLP, requests Defendants, Rodney J. Little and Debra R. Little, to answer the following Interrogatories under oath and serve them upon Plaintiff s counsel within thirty (30) days. These Interrogatories are continuing in nature and Defendants are required to supplement their responses in accordance with the Pennsylvania Rules of Civil Procedure as additional information becomes available. I. DEFINITIONS 1. "Defendants," "Defendant", "you," or "your" shall mean Rodney J. Little and Debra R. Little, and any persons purporting to act on their behalf, including officers, agents, attorneys, employees, ex-employees, other representatives and others who are in possession of or may obtain information for or in behalf of any of the aforesaid persons. 1 2. "Identify" as applied to documents, means to make known the name of the author or authors, the date of the document, its title (if any), each person to whom the document was addressed, to summarize the contents of the document, and to identify the custodian of the document. 3. "Identify" as applied to persons, means to make known with respect to such person the name, address (business and residence), telephone number (business and residence), employer (if any), and position of employment. 4. "Specify" and/or "describe" shall have their customary and broad meaning and shall include, without limitation, the requirement that Defendants name, state or make known explicitly, and in detail, without ambiguity, the information requested, and further, that Defendants particularize, defme, show clearly, set apart and designate the information requested. 5. "Document" shall have its customary and broad meaning and shall include, without limitation, the following items whether printed, recorded or reproduced by any other mechanical process, or written or produced by hand, and whether or not claimed to be privileged against discovery on any ground: agreements, communications, correspondence, letters, telephone messages, telexes, memoranda, notebooks, summaries, reports or records of telephone conversations, summaries or records of conversations for interviews, diaries, statistical statements, graphs, charts, plans, minutes or records of meetings or conferences, expressions or statements of policy, lists of persons, drafts of any documents, original or preliminary notes, tapes or other recordings, punch cards, magnetic tapes, discs, data fiUs, drums, print-outs, photographs, or any other data compilations from which information can be obtained. 2 6. "Person" has its customary broad meaning and shall also include any individual, corporation, partnership, sole proprietorship, unincorporated association, joint venture, or any other organization. 7. P1ai.D.tiff' means "Carol J. Mowery, Individually & Carol 1. Mowery, Executrix of the Estate of Richard S. Mowery, Deceased." 8. "And" as well as "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the interrogatory all responses which might otherwise be construed to be outside of the scope. "Each" shall be construed to include the word "every", and "every" shall be construed to include the word "each." "Any" shall be construed to include the word "all" and "all" shall be construed to include the word "any." n. INSTRUCTIONS 1. This request shall be deemed continuing so as to require further and supplemental answers by the party responding hereto if the party obtains or discovers additional information and/or documents between the time of initial production and the time of hearing or trial. 2. All objections to the interrogatories shall be made in writing and delivered to the offices of James, Smith, Dietterick & Connelly, LLP on or before the date set for production. 3. If anything called by this request is withheld under a claim of privilege, a list is to be furnished identifying each such document together with the following: A. the reason for withholding; B. a statement constituting the basis for any claim of privilege, work product, or other ground of non-disclosure; C. a brief description of the document, including: 3 i) the date of the document; ii) the number of pages, attachments, and appendices; iii) the names of its author, authors, or preparers and each identification by employment and title of each person; iv) the names of each person to whom the document, or a copy thereof, was sent, shown, or made accessible, or to whom it was explained, together with an identification of each such person; v) present custodian; vi) subject matter of document, and in the case of any document relating in any way to a meeting or conversation; and vii) the paragraph of the request to which the document relates. 4 m. INTERROGATORIES 1. Rodney J. Little and Debra R. Little, describe with particularity your basis for denying, in Defendants' Answer to Plaintiff's Complaint, that you are in default under the terms of the Agreement attached to Plaintiff's Complaint as Exhibit "AU. ANSWER: 2. Rodney J. Little and Debra R. Little, describe with particularity your basis for denying, in Defendants' Answer to Plaintiff's Complaint, that you have failed to make payments as due under the terms of the Agreement attached to Plaintiff's Complaint as Exhibit "A". ANSWER: 3. Rodney J. Little and Debra R. Little, describe with particularity your basis for alleging, in Defendants' Answer to Plaintiff's Complaint, that there is no enforceable obligation to pay the amount in full until fair and reasonable payment terms are established. ANSWER: 5 4. Rodney J. Little and Debra R. Little, identify with particularity your objections or disagreements with the amount due Plaintiff provided by Plaintiff and the basis for such objections or disagreements. ANSWER: 5. Rodney J. Little and Debra R. Little, describe with particularity your basis for alleging, in Defendants' Answer to Plaintiff's Complaint, that Plaintiff removed items off the premises. ANSWER: 6. List the names, addresses and telephone numbers of each fact witness you intend to call at trial, and briefly surnnlarize their anticipated testimony. ANSWER: 6 7. State the name, address and occupation of any person whom you expect to call as an expert witness at trial, and with regard thereto, state: (a) The subject matter on which the expert is to testify; (b) The facts and opinions to which the expert is to testify; (c) A summary of the grounds of each opinion; (d) The name of any report, memorandum or transcript used to substantiate each opinion; (e) Any code, regulation or standard, governmental or otherwise, alleged by the expert to have been violated, in whole or in part; (f) Any standard scientific principle alleged by the expert to have been violated, in whole or in part; (g) Any standard manufacturing principle alleged by the expert to have been violated, in whole or in part; and, (h) The date, name and author of any textbook, document or other source relied upon by the expert in rendering his opinion and testimony. ANSWER: 7 8. With regard to each individual you expect to call as an expert witness at trial, state the following: (a) Date of birth; (b) Name and address of present employer, and if self-employed, name and address of the business; (c) Full formal educational background, with date of attendance and degrees obtained; (d) A list of all writings and/or documents of any kind prepared in whole or in part by the expert; and, ANSWER: 9. Have you ever previously been involved in a lawsuit? If so, state: (a) The date and location of the action; (b) The nature of the action; (c) Thename(s) and address(es) of the party(ies); (d) The disposition of the action; and, 8 ( e) The name and address of the attorney who represented you. ANSWER: 10. Identify all exhibits that you expect to offer into evidence at the time of trial of this case. ANSWER: Respectfully submitted, Dated: d-lnl alP By: JAMESSMITHDlliZ~YW' ED~ER, ESQUIRE Attorney l.D. #76084 KIMBERLY A. DEWITT, ESQUIRE Attorney l.D. #89705 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 9 CERTIFICATE OF SERVICE The undersigned hereby certifies that I served a true and correct copy of the foregoing Plaintiffs Interrogatories Directed to Defendants upon the following below-named individual(s) by def,ositing s~~ the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this I r t fl'> day of H/b~2006. SERVED UPON: John H. Broujous, Esquire 4 North Hanover Street Carlisle, PA 17103 Dated: ~l 1'1 (OCR By: JAMES SMITH DIETTERICK & CONNELLY LLP I~ EDWARD P. EEBER, ESQUIRE Attorney 1.0. #76084 KIMBERLY A. DEWITT, ESQUIRE Attorney 1.0. #89705 P.O. Box 650 Hershey, PA 170;33-0650 (717) 533-3280 10 CAROL J. MOWERY, Individually, and CAROL J. MOWERY, Executrix of the Estate of Richard S. MOWERY, Deceased, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v. NO. 05-3637 Civil RODNEY J. LITTLE aDd DEBRA R. LITTLE, Defendants ANSWERS TO FIRST SET OF INTERROGATORIES DIRECTED TO DEFENDANTS BY PLAINTIFFS Pursuant to Pa.R.C.P. 4005, Defendants Rodney J. Little and Debra R. Little answer the following Interrogatories under oath. III. INTERROGATORIES 1. Rodney J. Little and Debra R. Little, describe with particularity your basis for denying, in Defendants' Answer to Plaintiff's Complaint. that you are in default under the terms of the Agreement attached to Plaintiff's Complaint as Exhibit "A". Answer: Tenns of the Agreement provided for an agreement injuturo; an agreement to disagree is not enforceable under the law. The tenns were equivocal. Payment of a substantial sum of $50,000.00 was paid on November 25. 2004 as an act of good faith. which was equivalent to the large sum of $2,080 per month from February 2, 2003 to November 2004. Offer was made of reasonable payments which was refused. There was no default since the terms of the Agreement were vague and inconsistent. All as set forth in substantia] detail in Defendant.s Answer, New Matter and Counterclaim. 2. Rodney J. Little and Debra R. Little, describe with particularity your basis for denying, in Defendants' Answer to Plaintiff's Complaint. that you have failed to make payments as due under the terms of the Agreement attached to Plaintiff's Complaint as Exhibit.. A". Answer: Defendants in fact did make payments as set forth in the payment of $50,000.00 as set forth in the above Answer. No specific amounts were due and payable under the Agreement. whereas there was no clear and understandable term requiring specific payments. ]n addition there was an obligation to give credit for counterclaim in the amount over $16,000.00. 3. Rodney J. Little and Debra R. Little, describe with particularity your basis for alleging, in Defendants' Answer to Plaintiffs' Complaint, that there is no enforceable obligation to pay the amount in full until fair and reasonable payment terms are established. Answer: There is no enforceable obligation to pay the amount in full, because of the substantial damage to personal property, available of personal property, and numerous defects and damages occurred in the property listed. Terms of the Agreement were vague and unenforceable all as set forth in detail in the Answer, New Matter and Counterclaim. 4. Rodney J. Little and Debra R. Little, identify with particularity your objections or disagreements with the amount due Plaintiff provided by Plaintiff and the basis for such objections or disagreements. Answer: Objections and disagreements with the amount claimed to be owed is set forth in detail in the above three paragraphs, in addition to the extensive and detailed Answer and New Matter, incorporated herein in Answer and New Matter in paragraphs 13-20. Defendants made a bona fide effort to reach an installment plan agreement; and the failure thereof does not constitute a breach, when all of the terms ofthe Agreement are considered. 5. Rodney J. Little and Debra R. Little, describe with particularity your basis for alleging, in Defendants' Answer to Plaintiff's Complaint, that Plaintiff removed items off the premises. Answer: On numerous occasions between May 12. 2003 and April 4, 2004. which was after the settlement. Plaintiffs did remove items either without notifying Defendants or after notifying them and stating that they would return them when they had finished using them. Most if not all ofthese items were~ver returned. A list of these items was provided in Defendant's Answer. New Matter, and Counterclaim as Exhibit A. 6. List the names, addresses and telephone numbers of each fact witness you intend to call at trial. and briefly summarize their anticipated testimony. Answer: Joseph Staveridiz, 703-693-7103, Debra R. Little. 717-486-3385. 50 jronRun Road, Newville, PA 17241 Rodney J. Little, 717-486-3385, 50 Iron Run Road, Newville, PA 17241 7. State the name, address and occupation of any person whom you expect to call as an expert witness at trial, and with regard thereto, state: Answer: NONE. 8. With regard to each individual you expect to call as an expert witness at trial. state the following: Answer: NONE. 9. Have you ever previously been involved in a lawsuit? Answer: OBJECTION TO QUESTION. TOO BROAD; LAWSUIT MAY NOT BE RELEVANT TO THE CASE SUBJECT. 10. Identify all exhibits that you expect to offer into evidence at the time of trial of this case. Answer: The list of items in Counterclaim, in Defendants' Answer, New Matter and Counterclaim, included photographs of items in Counterclaim. ," 'J.ohn H. roujos, Esquire #6268 B S & GILROY, P.C. 4 North Hanover Street Carlisle, P A 17013 717/243-4574; 717/766-1690 CAROL J. MOWERY, Individually, and CAROL J. MOWERY, Executrix of the Estate of Richard S. MOWERY, Deceased, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v. NO. 05-3637 Civil RODNEY J. LITTLE and DEBRA R. LITTLE, Defendants ATTORNEY VERIFICATION I. JOHN H. BROUJOS, ESQUIRE, hereby verify that I am the attorney of record for Defendants; Rodney 1. Little and Debra R. Little; that I am authorized to take this verification on their behalf pursuant to Pa. R.C.P. 1024(c) because they are outside of the jurisdiction of the Court and their verification cannot be obtained within the timeframe allowed for filing this pleading; and that based upon my review of the material documents in this case and my reasonable investigation. the facts contained in the foregoing Plaintiff's First Set of Interrogatories Directed to Defendants are true and correct to the best of my knowledge, information. and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. S 4904 relating to unsworn falsification J Date: March 28, 2006 CAROL J. MOWERY, Individually, and CAROL J. MOWERY, Executrix of the Estate of Richard S. MOWERY, Deceased, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v. NO. 05-3637 Civil RODNEY J. LITTLE and DEBRA R LITTLE, Defendants CERTIFICATE OF SERVICE I hereby certifY that on this 28th day of March, 2006, I served a true and correct copy of Defendants' Rodney 1. Little and Debra R. Little's response to Plaintiffs First Set of Interrogatories Directed to Defendants, via first class mail. postage pre-paid to: Edward P. Seeber, Esquire, James. Smith, Dietterick & Connelly, LLP. P.O. Box 650, Hershey. PA 17033, counsel for Plaintiffs. Date: March 28, 2006 John H. roujos, Esquire #6268 UJ S & GILROY, P.C. 4 North Hanover Street Carlisle, PA 17013 717/243-4574; 7171766-1690 Exhibit "C" " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROL 1. MOWERY, individually, and CAROL 1. MOWERY, Executrix of the Estate of RICHARD S. MOWERY, Deceased CIVIL DIVISION NO. 05-3637 Plaintiffs v. RODNEY J. LITTLE AND DEBRA R LITTLE Defendants PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANTS To: Rodney 1. Little and Debra R. Little c/o John H. Broujos, Esquire 4 North Hanover Street Carlisle, PA 17013 AND NOW, pursuant to Pa. RC.P. 4009, as amended, comes the Plaintiff, Carol 1. Mowery, by and through her attorneys, JAMES, SMITH, DIETTERICK & CONNELLY, LLP and requests Defendants, Rodney J. Little and Debra R Little, to produce the following documents for inspection, exanlination, and copying, at the offices of James, Smith, Dietterick & Connelly, not later than thirty (30) days after service of this Request. DEFINITIONS 1. "Defendants", "you," or "your" shall mean Rodney J. Little and Debra R Little and any persons purporting to act on their behalf, including officers, agents, attorneys, employees, ex- employees, other representatives and others who are in possession of or may obtain information for or in behalf of any of the aforesaid person and corporation. 2. ''Plaintiff'' shall mean Carol J. Mowery, Individually & Carol J. Mowery, Executrix of the Estate of Richard S. Mowery, Deceased. 3. "Identify" as applied to documents, means to make known the name of the author or authors, the date of the document, its title (if any), each person to whom the document was addressed, to summarize the contents of the document, and to identify the custodian of the document. 4. "Identify" as applied to persons, means to make known with respect to such person the name, address (business and residence), telephone number (business and residence), employer (if any), and position of employment. 5. "Specify" and/or "describe" shall have their customary and broad meaning and shall include, without limitation, the requirement that Defendants name, state or make known explicitly, and in detail, without ambiguity, the information requested, and further, that Defendants particularize, define, show clearly, set apart and designate the information requested. 6. "Document" shall have its customary and broad meaning and shall include, without limitation, the following items whether printed, recorded or reproduced by any other mechanical process, or written or produced by hand, and whether or not claimed to be privileged against discovery on any ground: agreements, communications, correspondence, letters, telephone messages, telexes, memoranda, notebooks, summaries, reports or records of telephone conversations, summaries or records of conversations for interviews, diaries, statistical statements, graphs, charts, plans, minutes or records of meetings or conferences, expressions or statements of policy, lists of persons, drafts of any documents, original or preliminary notes, tapes or other recordings, punch cards, magnetic tapes, discs, data mis, drums, print-outs, photographs, or any other data compilations from which information can be obtained. 2 7. "Person" has its customary broad meaning and shall also include any individual, corporation, partnership, sole proprietorship, unincorporated association, joint venture, or any other organization. 8. "And" as well as "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the interrogatory all responses which might otherwise be construed to be outside of the scope. "Each" shall be construed to include the word "every", and "every" shall be construed to include the word "each." "Any" shall be construed to include the word "all" and "all" shall be construed to include the word "any." 9.' "Agreement" means that Purchase Agreement entered into by and between Plaintiff, Carol J. Mowery and her deceased husband Richard S. Mowery and Defendants Rodney J. Little and Debra R. Little on December 12, 2003, a copy of which is attached to Plaintiff's Complaint as Exhibit "A". II. INSTRUCTIONS 1. This request shall be deemed continuing so as to require further and supplemental answers by the party responding hereto if the party obtains or discovers additional information and/or documents between the time of initial production and the time of hearing or trial. 2. All objections to the request for production of documents shall be made in writing and delivered to the offices of James, Smith, Dietterick & Connelly, lLP on or before the date set for production. 3. If anything called by this request is withheld under a claim of privilege, a list is to be furnished identifying each such document together with the following: A. the reason for withholding; 3 B. a statement constituting the basis for any claim of privilege, work product, or other ground of non-disclosure; C. a brief description of the document, including: i) the date of the document; ii) the number of pages, attachn1ents, and appendices; iii) the names of its author, authors, or preparers and each identification by employment and title of each person; iv)' the names of each person to whom the document, or a copy thereof, was sent, shown, or made accessible, or to whom it was explained, together with an identification of each such person; v) present custodian; vi) subject matter of document, and in the case of any document relating in any way to a meeting or conversation; and vii) the paragraph of the request to which the document relates. m. REQUESTS 1. Any and all records of payments, including copies of cancelled checks, related to the payments by Defendants to Plaintiff. REsPONSE: 2. Any and all Documents, as defmed above, which relate to the Agreement entered into between the Parties. REsPONSE: 4 3. Any and all Documents, as defmed above, which relate to and/or evidence Defendants' allegation in its Answer that Plaintiff removed items from the premises. RESPONSE: 4. Any and all documents referred to, relating to, or pertaining to any Answer to any Interrogatory. REsPONSE: 5. Any and all documents containing information relating to any Answer to any Interrogatory. REsPONSE: 6. Any and all statements concerning this action or its subject matter obtained by you or anyone acting on your behalf. REsPONSE: 7. Any and all investigation reports, except those protected from discovery, prepared by you or anyone on your behalf in regard to the evaluation and litigation of the instant action. REsPONSE: 5 8. Any and all curriculum vitae for each and every person whom you expect to call as an expert witness at trial. REsPONSE: 9. Any and all expert reports from each person whom you expect to call as an expert witness at trial. REsPONSE: 10. All documents in your possession, custody or control prepared in anticipation of litigation or trial of this case, except those documents which disclose the mental impressions of your attorney or your attorney's conclusions, opinions, memoranda, notes or sunlffiaries, legal research or legal theories, and except those documents prepared in anticipation of litigation by your representatives to the extent that they would disclose the representatives' mental impression, conclusions, or opinions respecting the value or merit of the claim or defense. REsPONSE: 11. To the extent that you have not already provided the same in response to previous requests herein, all statements obtained from any fact witnesses or memoranda of conversations with witnesses or recordings of witnesses' statements made or obtained during the course of the investigation or matters relating to this lawsuit, and all such statements, memoranda, or records made by parties to this lawsuit or their representatives. REsPONSE: 6 12. To the extent not already provided, copies of all experts' reports made or secured by you in connection with your investigation of the matters relating to this lawsuit. REsPONSE: 13. To the extent not already provided, copies of all exhibits which you intend to offer into evidence at the trial of this matter. RESPONSE: 14. Any and all documents which evidence any facts on the basis of which you will assert a defense against the cause of action stated in the Complaint. REsPONSE: Respectfully submitted, JAMES SMITH DIETTERI~ CONNELLY LLP Dated:~ By: BER, ESQUIRE Attorney I.D. # 084 KIMBERLY A. DEWITT, ESQUIRE Attorney I.D. #89705 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 7 CERTIFICATE OF SERVICE The undersigned hereby certifies that I served a true and correct copy of the foregoing Plaintiff's Request for Production of Documents upon the following below-named individua1(s) by depositing same in the U.S.:~ postage pre-paid at Hershey, Dauphin County, Pennsylvania this \1*d.ay of /b~. SERVED UPON: John H. Broujous, Esquire 4 North Hanover Street Carlisle, P A 17103 Dated: f}! Il(Olo JAMES SMITH DIETTERIC~ CONNELLY LLP By -~~il(~ EDWARD P. EBER, ESQUIRE Attorney 1.0. #76084 KIMBERLY A. DEWITT, ESQUIRE Attorney 1.0. #89705 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 8 CAROL J. MOWERY, IndividuaIly, and CAROL J. MOWERY, Executrix of the Estate of Richard S. MOWERY, Deceased, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v. NO. 05-3637 Civil RODNEY J. LITTLE and DEBRA R. LITTLE, Defendants PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO DEFENDANTS I. DEFINITIONS II. INSTRUCTIONS III. REQUESTS 1. RESPONSE: Only one check payment was made which was in the amount of $50.000.00 which was presented and deposited. 2. RESPONSE: Other than the Purchase Agreement set forth as part ofthe Complaint filed by Plaintiffs, the Purchase Agreement being attached to the Complaint referred to Discovery proceedings. there are no other documents. 3. RESPONSE: Defendants set forth in Answer and New Matter in the pleadings hereto a detailed list of items removed from the premises as part of the pleading. 4. RESPONSE: Documents relating thereto were part of the Answer to Interrogatories. 5. RESPONSE: Documents containing information relating to Answer to any Interrogatory have been submitted to Plaintiffs as a part ofInterrogatories hereto. 6. RESPONSE: There are no additional statements concerning procedural action or subject matter relating thereto. 7. RESPONSE: Defendants conducted no investigative reports on the subject of the pleadings referred to herein in Discovery, other than verbal information reduced to pleadings and to Discovery answers. 8. RESPONSE: There are no expert witness intended to be called at the trial; hence no curriculum vitae. 9. RESPONSE: Defendants do not intend to call expert witnesses and therefore do not have any expert reports. 10. RESPONSE: Documents in Defendant's possession prepared in anticipation of litigation lists the following: List of personal property referred to in pleadings of Answer, New Matter, and Counterclaim documents to date. 11. RESPONSE: There are verbal statements only of fact witnesses with no recordings or memoranda of conversations. 12. RESPONSE: No expert reports will be presented at trial. 13. RESPONSE: Exhibits shall consist of personal property items described in the Purchase Agreement. Defendants are in the process of obtaining pictures of as many of the personal property items as are available. 14. RESPONSE: No documents or evidence other than that presented in the pleadings in the case. tctfi " \John B OS & GILROY. P.C. 4 North Hanover Street Carlisle. PA 17013 717/243-4574; 7171766-1690 CAROL J. MOWERY, Individually, and CAROL J. MOWERY, Executrix of the Estate of Richard S. MOWERY, Deceased, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW v. NO. 05-3637 Civil RODNEY J. LITTLE and DEBRA R. LITTLE, Defendants ATTORNEY VERIFICATION I, JOHN H. BROUJOS, ESQUIRE, hereby verify that I am the attorney of record for Defendants; Rodney 1. Little and Debra R. Little; that I am authorized to take this verification on their behalf pursuant to Pa. RC.P. 1024(c) because they are outside of the jurisdiction of the Court and their verification cannot be obtained within the timeframe allowed for filing this pleading; and that based upon my review of the material documents in this case and my reasonable investigation, the facts contained in the foregoing Plaintiff's Request for Production of Documents Directed to Defendants are true and correct to the best of my knowledge. information, and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.s.A. 9 4904 relating to unsworn falsification to authorities. Date: March 28. 2006 CAROL J. MOWERY, Individually, and CAROL J. MOWERY, Executrix of the Estate of Richard S. MOWERY, Deceased, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs CIVIL ACTION - LAW v. NO. 05-3637 Civil RODNEY J. LITTLE and DEBRA R. LITTLE, Defendants CERTIFICATE OF SERVICE I hereby certify that on this 28th day of March, 2006, I served a true and correct copy of Defendants' Rodney J. Little and Debra R. Little's response to Plaintiff's Request for Production of Documents Directed to Defendants, via first class mail. postage pre-paid to: Edward P. Seeber, Esquire. James, Smith, Dietterick & Connelly. LLP. P.O. Box 650, Hershey, PA 17033, counsel for Plaintiffs. Date: March 28, 2006 J hn . Broujos, Esquire # 68 B JOS & GILROY, P.C. 4 North Hanover Street Carlisle, PA 17013 717/243-4574; 717/766-1690 (") ~;, ...~ c::"> c:.:) Gj-' -<' - . ')~'~~ \ uJ (:J -n -' ""'t'.........." -;l"\~, ~:1'~_1 liG? :'.-'1"\ I,_--~ /':. _' ~ ;-\1 ~,~ ~'~J :.~ ..."., _c'. _:..~ 1;? en ..0 " I. \~ CAROL J. MOWERY, Individually, and CAROL J. MOWERY, Executrix of the Estate of Richard S. MOWERY, Deceased, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL AC ON - LAW v. NO. 05-363 Civil RODNEY J. LITTLE and DEBRA R. LITTLE, Defendants RESPONSE TO PLAINTIFF'S MOTION FOR SUMM RY JUDGMENT RODNEY J. LITTLE AND DEBRA R. LITTLE, by their attorney. J hn H. Broujos of Broujos and Gilroy. PC. answers the Motion for Summary Judgment: 1. Defendants admitted that Exhibit A in Plaintiff's complaint is a rue and correct copy of the Agreement referred to therein. 2. Admitted. 3. Admitted. 4. (a) Admitted. (b) Admitted. (c) Admitted. (d) Admitted that some money is owed but not the full amoun referred to in the Purchase Agreement, but only a sum to be determined after trial aft r the court or jury determines the value based on the objections raised in par graph 8 of Defendant's Answer in the pleadings. Defendants do not owe the full s nTI claimed since a number of items set forth in the Agreement were not delivered to efendants and were not represented and required by the Agreement such as back h e and the cabin cruiser; items represented to be in good working order and ofvalu were removed by Plaintiffs or were otherwise unusable or unworkable: item were moved from the " ,. premises after the settlement which were required to be d livered. and there were other items that created problems on the premises such a water damage. leaking roofs, and leaking gutters. In addition the terms of the A reement were vague, undeterminable. and unenforceable in their present form. articularly as to the method of payment. There is no definition of "unforeseen circu stances" in paragraph 3 of the Agreement. Plaintiffs knew that Defendants at the ti e of settlement did not have the sum of$255.000.00 or could reasonably known at the time that there were no assets from which the amount could be paid in a lump su or in a periodic sum. Defendants are not in default. since the terms of the Agre ment are vague and inconsistent and unenforceable; and they do not have clea . standards and procedures to apply. Denied that there was an "event of default inclu ing, but not limited to. the failure to pay installments when due. or the failure to reach n installment payment agreement." There cannot be a failure to reach an "instalh ent payment agreement" unless there was a bona/ide effort to reach such an agreel ent. The question is whether there was a bono fide effort. Plaintiffs are not re uired sua ,sponte to determine the Agreement: it takes two to tango. However Defendants could be held to a reasonable settlement agreement by periodic payment. if necessary by some judicial procedure. What is reasonable? This is a factual onclusion Plaintiffs have not and cannot develop unless through a trial. But Plainti fs have not presented in the pleadings or in any other document an "event of unforese 1 circumstances." Plaintiffs have the duty to indicate that the buyers cannot ay. that there is an event of unforeseen circumstances or order to kick in the "unforese n circumstances" condition. Plaintiff must show that there is an installment ayment agreement which is reasonable and justified. In fact. Plaintiffs had already a quiesced in an accepted payment of$50.000.00 on November 26,2004. which was equivalent to a payment of $2080.00 per month from February 20. 2003 to November 2004. Plaintiffs made no objection in any manner when this monthly payment was ade. e. Admitted. f. Admitted. 5. Admitted. among other denials not specified in paragraph 5. 6. Admitted. However there were other averments in New Matter a d Counterclaim. other than those set forth in Plaintiffs paragraph 6. 7. Admitted. .', 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted that Defendants did offer reasonable payments and th t there was a Counterclaim; but there were other allegations in the answers to interrogatories which Defendants could present but are not required to answer in this pleading. 12. No responsive pleading is required. 13. Admitted making no payments to Plaintiffs other than the $50.0 0.00 payment in addition. but that was a substantial payment. considering the financial sit ation. Defendants claim they have no other obligation except that imposed by the Court r a jury; in addition to the Counterclaim. Denied that Defendants have made no other defe ses; on the contrary, in paragraph 8. 9. and following in the Answer, New Matter. and unterclaim of Defendants, Defendants clearly sets forth the defenses that are relevant in thi case. 14. Denied. On the contrary. Defendants have raised genuine issues of material fact and have offered valid defenses to the Complaint. Denied that Plaintiff is entitled to summary judgment. Specifically, the Purchase Agreement in Exhibit in Plaintiff's Claim, dated February 12.2003 does not constitute a valid and enforceable ag eement (albeit that it does aver an obligation; the question is what kind of obligation and h w is it enforced?) The Agreement contains vague and unenforceable provisions; to wit. there is no procedural enforcement of the provision "the house will be sold to payoff t e mortgage balance as well as the amount owed for equipment appliances and ti.\rnishings." ince there is no procedure to accept properly "the house" and there is no mortgage or securi y obtained by Plaintiffs resulting from the procedure on which to file a complaint and se k to obtain a judgment in order to execute on a foreclosure against assets; and there is no ay to impose a fixed amount of money as a debt owed when questions have been raise which are unanswered as to the credible and admissible evidence at this point in the proce dings. Defendants should have the opportunity to submit at trial testimony to arrive at repai . costs. costs making the cabin rentals safe. reimbursement for the repairs to the dock. and performance of repairs referred to in the Counterclaim. expenses and costs referred to in aragraphs 22 through 35. Defendants have raised genuine issues of material fact and have ffered a valid defense for the claimed breach of contract. Plaintiffs have failed to submit t e required elements in the Motion for Summary Judgment. ., ", Wherefore. pursuant to Pa.R.C.P. 1035.2. Defendants request t at the Court deny the Motion for Summary Judgment. 15. Plaintiffs have failed to' submit a viable and reasonable claim w en Plaintiffs submit inconsistent averments: Agreement provides in the last paragra h that "in the event of death of the sellers. buyers will pay the estate of the sellers payments f not less than $500.00 per month until the balance is paid in full." Here the parties have a reed in the Purchase Agreement to a payment of not less than $500.00 per month to ay the balance in the event of death; but in the event of failure to come to an agreement on nstallment payments, Plaintiff claims payment of the entire sum. If anything. Defend nts were compelled under limited financial circumstances to work out an installment plan. nd now Plaintiffs seek by a vague and unenforceable provision to compel the sell of the hou e to payoff a vague reference to a mortgage. Payment of the..... mortgage balance s well as the amount owed for equipment. appliances. and furnishings," would obviously w pe out our complete equity. This is an inconsistency that should be resolved in some equitab e proceedings for reformation of the contract or other process. Paragraph 13 ofth Defendant's Answer we claim that Plaintiffs should be estopped from asserting any clai to proceed to sale the premises. ..." since Plaintiffs knew all the time that the purchas of the entire tract and personal property was for the purpose of operting a Christian Re 'uge Center and Religious Retreat. If Defendants had the money at the time of the purchas of the house and cabins and other items, to pay the full sum of over $500,000.00. they w uld have done so. The factual determination of all of these circumstances should be co sidered by a jury or judge. not through Motion for Summary Judgment. Joh . B 0 . os. Esq . Broujo G"lroy, P.C. 4 North Han ver Street Carlisle. P A 17013 (717) 243-45 4 Attorney for efendants (') ~; :':c, -rJ c~ . m, '-;'" ~:~ ~;~ :';2 ...~ = ~ ::T. "'" -..: o -n -< :I-n rnF -oi""TJ. :nI' .~:~~c~ <:~:,l ("") ;,,;c<)tn '::::::1 ;;; :< <>> -0 :::ll: .r::- N ...0 " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA CAROL J. MOWERY, Individually, and CAROL J. MOWERY, Executrix of the Estate of Richard S. MOWERY, Deceased, Plaintiffs CIVIL AC ON - LAW v. NO. 05-363 Civil RODNEY J. LITTLE and DEBRA R. LITTLE, Defendants ATTORNEY VERIFICATION I, JOHN H. BROUJOS. ESQUIRE. hereby verify that I am th attorney of record for Defendants; Rodney J. Little and Debra R. Little; that I am authorize to take this verification on their behalf pursuant to Pa. R.C.P. 1024(c) because they are outside fthejurisdiction of the Court and their verification cannot be obtained within the timeframe llowed for filing this pleading; andthat based upon my review of the material documents i this case and my reasonable investigation, the facts contained in the foregoing Respon e To Plaintiff's Motion For Summary Judgment are true and correct to the best of my knowledge information, and belief. 1 understand that false statements made herein are subject to the penalt es of 18 Pa. C.S.A. 9 4904 relating to unsworn falsification to authorities. (k John J.i1. Bro Date: May 30 . 2006 > ~ -z: -v iT- G:t.': -::.:'-'. ~t:, ~;~z, -~t.~ ~ c:;...'? d' - ..- ",.. .......;::, (~ ..- :2 q, ~e -oiG ~)J r-J (:.)!-"\ '"'::~ -(>'):L~ '7'\.) 15rr. "'"' 5) "" -0 :;t: :- N ..s:> '. AFFIDAVIT OF DEBRA J. LITTLE, DEFENDANT TO THE ACTION TO NO. 0 -3637 This is an Affidavit of Debra J. Little. Defendant in the above action. I. During 2003. I and my husband Rodney 1. Little. at a time wh n I as a Colonel in the United States Army was stationed at the Army War College in Carlisi. decided to purchase a property in the vicinity of Carlisle for what could be a regular tour of t least three years. followed by a residence to which to return during and after military se vice. For a long time we had wanted a place in a rural area and considered the purchase of a fiv acre tract in Cooke Township. 2. We had a strong Christian sense of working with needy people and working together with people at a retreat or religious location. for prayer and constructive ac ivities. 3. We became aware of the property owned by Carol 1. Mowery nd Richard S. Mowery and fell in love with the place. 4. We had little funds but were hopeful and optimistic that we w uld be able to somehow get some income along with our charitable work and proceeded to see funds. 5. We found that the price was too high for conventional financi g. since there were a limited number of cabins to lease for a questionable commercial inco e. 6. The first phase of our work was financing through convention I sources. Apparently the risk was such that we were unable to obtain conventional funding for urchase of the entire tract. 7. We found that no local bank would finance the project of the eal estate purchase and some improvements. 8. Finally. we found a lender who was not local (which probably as a mistake) and would charge a substantial amount of expenses not ordinarily associated wit conventional financing. We found it took a long time and we were constantly encountering di lculties with financing that our attorney advised us was normal where there was risk in the m thod and source of financing. Finally. an outside lending institution provided funding. T e assets of the project consisted of cabins with a main house and other outhouses and in a se ond package consisted of a number of personal property assets such as equipment. cabin cruiser (of no significant value). and other items of questionable value. The Mowerys failed to provid any significant deduction in the purchase price. whereby my husband and I decided to obtain sel er funded financing under a private agreement with no security. This decision and the culminati n of execution of a private, one page Agreement was not discussed or counseled by any a orney. 9. Without the knowledge and counsel of any attorney. an Agree ent was entered into which is set forth as Exhibit A, attached hereto and made a part hereo . 10. The terms are set forth therein. 11. During this time. the Mowerys were aware for the long time it ook for obtaining financing. Plaintiffs also knew that the only way we could obtain fina cing beyond the real estate would be to have payment by my husband and I, under an agree ent. with the hope that we could generate some income for payment in accordance with a wri ten agreement between the Mowerys. my husband, and myself. 12. The Mowerys. my husband. and I proceeded to negotiate and t sign the Agreement. dated February 12,2003. 15. At all times of course. during the negotiations and signing and he subsequent months. the Mowerys were well aware of all the problems that had been encounter d. that there were no significant assets to even make a down payment on the Purchase Agre ment, that we did make a significant payment of $50.000.00 on November 26. 2004, which was a clear indication that up to the time of that payment there were payments made that indicated g od faith and amounted to the sum of$2.080.00 per month from February 2003 to November 20 4. The Agreement was done up between the parties with the understanding that "buyers will ake every attempt to pay for the equipment and furnishings as quickly as possible." Implicatio : there probably would be difficulty getting funding but that we would make every effort to p y the Agreement off. 16. We agreed that we would come to an installment payment sch dule to be paid on the remaining balance commencing no later than March I. 2004. 17. The significant point here is that the purpose of setting a time f March 1, 2004 was to arrive at an installment payment schedule. The intention under paragr ph 2. into paragraph 3 was to reach an installment payment schedule. not to make lump sum ayments. This is because the Mowerys knew that we did not have the money to make lump sum payments. Consequently. we sought to get a fair installment payment. 18. Next. paragraph 3 of the Purchase Agreement sets up a conditi n before any attempt to get the house involved. At no time have the Mowerys stated there wa any "event of unforeseen circumstances" since the fact that money was not available was not an "unforeseen circumstance" and there was no showing by the Mowerys that "buyers cannot payor no other installment payment can be reached. . . " that approach was never reall presented or negotiated. 19. In orderto sell or foreclose the house involved specific proced res to obtain a judgment as the first step. The Mowerys, failing to seek or to exhaust any instal ment payment agreement is an action that has not been articulated in the pleadings or arguments '. 20. To force an action to obtain ajudgment first has not been presJnted in the pleadings, and second violates the more reasonable and conscionable procedure offer d in the Agreement in the event of death of the Mowerys ($500.00 per month until the balance i paid in full.) 21. Our attorney has been directed at the trial to present facts and I w to support estoppel against the Mowerys asserting any claim to proceed with an undefine procedure for sale of the premises and to show the Mowerys failed to take a reasonable and co scionable approach to installment payment arrangements. 22. Neither the Mowerys nor my husband and 1 have sought some ort of mediation or plan of reformation of the Agreement. 23. In the absence of any reasonable method of monthly payments of $450.00 per month. the Mowerys have offered instead. an unconscionable amount of votes $ .000+. 24. Having been involved in this case from the beginning my plea as a Defendant is that the Court consider the allegations that my husband and I have presented i the pleadings and in this Affidavit relating to the impact of the conduct of the Mowerys. 25. I ask that the Court during deliberations incorporate into the r ord the matters set forth in the Answer. New Matter, and Counterclaim. specifically in paragra h 8. 9. and 10 and in New Matter paragraphs 13.14. 15. 16. 17. 18,and 19 and in Counterclaim aragraphs 16 through paragraph 40. IY' Respectfully. Sworn and subscribed to Before me this 30th day Of May. 2006. EAlTH OF PENNSYLVANIA Notarial Seal IlrooI<s, NoIaIy Public Boro, Cumberland County . Expires Aug. 5, 2009 Member, P. nayfvanla A8soclation of Notaries ~ C> Co ~ ~ -< vJ - ~ ~ ~ ~ ~, "'1",.," ~:'. ,'r" ..... ~ \'--) \,0 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE CAROL J. MOWERY, individually, and CAROL J. MOWERY, Executrix of the Estate of RICHARD S. MOWERY, Deceased CNIL DNISION NO. 05-3637 Plaintiffs v. RODNEY J. LITTLE AND DEBRA R. LITTLE Defendants 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Edward P. Seeber, Esquire/Kimberly A. Bonner, Esq. Address: P.O. Box 650, Hershey, PA 17033 (b) for defendant: John H. Broujous, Esquire/Hubert X. Gilroy, Esquire Address: 4 North Hanover Street, Carlisle, PA 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court date: JULY 12, 2006 ~ 6fftu111 Plaintiff r--.) c:::' /'""-, '_oj -II :::::.! CO:::} :.:~-'''\ '-~.) ~.o en -< , .- CAROL J. MOWERY, Individually, and CAROL J. MOWERY, Executrix of the Estate of RICHARD S. MOWERY : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs CIVIL ACTION - LAW v. NO. 05-3637 Civil RODNEY J. LITTLE and DEBRA R. LITTLE, Defendants PRAECIPE TO ENTER RECORD OF FILING VOLUNTARY PETITION CHAPTER 13 BANKRUPTCY IN ABOVE CAPTIONED COURT OF COMMON PLEAS CASE TO THE PROTHONOTARY: Please enter the attached notice of bankruptcy case filing in U.S. Bankruptcy Court of Middle District of Pennsylvania. 228 Walnut Street. Harrisburg. PA 17101 in the Matter of Rodney J. Little and Debra R. Little in Case Number 1:06-bk-01383 on July 10 at 12:01 p.m. as a stay of civil proceedings. r-- J hn . Broujos. Esq ire #6268 B UJOS & GILRO .C. 4 North Hanover Street Carlisle. P A 17013 717/243-4574; 7171766-1690 c: The Honorable J. Wesley Oler. Jr. c/o Court Administrator Cumberland County Courthouse I Courthouse Square Carlisle. PAl 7013 Rodney J. and Debra R. Little 50 Iron Run Road Newville. P A 17241 Edward P. Seeber. Esquire. Attorney for Mowerys James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey.PA 17033 Robert L. O'Brien. Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle. PA 17013 * Enc1: Notice of Bankruptcy Case Filing l Page 1 of 1 Rob OBrien From: PAMB_LiveDB@pamb.uscourts.gov Sent: Monday, July 10, 2006 12:01 PM To: PAMB_LiveDB@pamb.uscourts.gov Subject: Ch-131:06-bk-01383 Voluntary Petition (Chapter 13) - Rodney J. Little **"NOTE TO PUBLIC ACCESS USERS**" You may view the filed documents once without charge. To avoid later charges, download a copy of each document during this first viewing. U.s. Bankruptcy Court Middle District of Pennsylvania Notice of Bankruptcy Case Filing The following transaction was received from O'Brien, Robert 1. entered on 7/10/2006 at 12:00 PM EDT and filed on 7/10/2006 Case Name: Rodney J. Little and Debra R. Little Case Number: 1 :06-bk-01383 Document Number: 1 Docket Text: Chapter 13 Voluntary Petition. Filing fee due in the amount of$ 274.00 Filed by Robert 1. O'Brien of O'Brien Baric and Scherer on behalf of Rodney 1. Little, Debra R. Little. (O'Brien, Robert) The following document( s) are associated with this transaction: Document description:Main Document Original filename:Petition.PDF Electronic document Stamp: [STAMP bkecfStamp_ID=1009835235 [Date=7/1O/2006] [Fi1eNurnber=3206826-0 ] [a9f35d09a7dOdfladadec4cb4718a94bb9b42b8Ie2494fbI199886bfa1 b3f4a57ftl db41 e53c90fbeOe322df4 79fe60fd21 Oad8facb6baI674f9a02cb6a22fec6]] 1:06-bk-01383 Notice will be electronically mailed to: Robert 1. O'Brien robrien@obslaw.com, tascani@obslaw.com United States Trustee ustpregion03.ha.ecf@usdoj.gov 1:06-bk-01383 Notice will not be electronically mailed to: 7/10/2006 . ':) -;'-/ =:! f';l N ~,.')