The URL can be used to link to this page

Home My WebLink About05-6379COMK40NWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. OS'- (0217? l_.. (t>I F" NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF DJ. ALISA ERAMO na_I_n? ADDRESS OF APPELLANT CITY STATE ZIP CODE 33 LOGANS RUN :ROAD, ENOLA PA 17025 DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) 11/29/05 AY613 jlfilr' AD LI'PEIJ JESSICAs.JANIS VS ALISA E.RAMO CLAIM NO. CV YEAR SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT LT YEAR I?i„ This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 10088. No. 1001(6)) in action before district Justice, he This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Sggnatme of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P-LP. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon WAYNE JANIS AND JESSICA JANI5 ___, appellee(s), to file a complaint in this appeal Name of appelfee(sJ (Common Pleas within twenty (20) days after service of rule or suffer nt of jud at Signature of ap an or his attorney or agent even Howell, Esquire RULE: To appellees Howell Law Firm a SI 619 Bridge Street New Cumberland, PA 17070 (1) You are notified that a rule is hereby entered upon you to file a comillDn*2 06 7ppeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ? ??T? /,/9S' , Year _ Signature o nofa or Deputy White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Froth. - 76 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served ? a copy of the Notice of Appeal, Common Pleas No. _ upon the District Justice designated therein on (date of service) , year ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name . on year ? by personal service E] by (certified) (registered) mail, sender's receipt attached hereto. ? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on year _ ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF __, YEAR ---- Signature of Affiant Sgnature or official before whom affidavit was made Title of official - ii My commission expires on year = i •:.- V. COUNTY OF: CUMBERLAND VMag. D,st NO' 09-1-02 MDJ Name: Hm ROBERT V. MANLOVE Address: 1901 STATE ST CAMP HILL, PA Ta.,h...: (717) 761-0583 17011-0000 VT'u%R4x%AmcIT III nSmvvvv...r . PLAINTIFF: CIVIL CASE NAME wd ADDRESS rNAYNE JANIS AD LITEM JESSICA JANIS? 502 JACOB LN MECHANICSBURG; PA 17050 L J Vs. DEFENDANT: NAME vo ADDRESS rRRAMO, ALISA 7 33 LOGANS RUN RD ENOLA, PA 17025 ALISA ERAMO L J 33 LOGANS RUN RD Docket No.: CV-0000539-05 ENOLA, PA 17025 Date Filed: 10/14/05 d1a THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT J13DOM-T PI-'1`F I-XI Judgment was entered for: (Name) wArmw TAU-ra &n T T Pgv TxagTCA T ® Judgment was entered against: (Name) ityAmn,_AT.TSA in the amount of $ _ a „45n _ og on: (Date of Judgment) 111 /a/ng El Defendants are jointly and severally liable. (Date & Time) Damages will be assessed on: 0 This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IFTHE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REOUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date I certify that this is a true Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $_ listrict 1L'dge Idgment )istr!6t.Judge Date My commission expires first Mondav of January, 2006 . SEAL C? o V' C- o T ? t T T' - - i m -- m O Q6 C__ N ri q .K G1 ,.G PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cy?J o ref V 06-Ij ; ss AFFIDAVIT: I hereby swear or affirm that I served ?X?/ copy of the Notice of Appeal, Common Pleas No. y ?p upon the District Justice designated therein on date of service) nct2M?J2f { (P, year ZQQ Q by personal service?b certified) egistered) mail, sender's receipt attached hereto, and upon the appellee, (name Jy?.?f{e O5X-r--,r. year by personal service on mail, sender's receipt attached hereto. > and further that I sensed the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ne Ct op'a.V year _ZOQT, by personal service (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME ?- THIS _?T. DAY OF NCGg,, YEAR 2 DU 57 _ Signature of offe al before whom eOWaw was ma? Title of 0.al My commission expires on , year COMMONWEALTH OF PENNSYLVANIA Ndadal Seal Bent T. Howell, Notary Pudic New Ctrnbedand Boro, Gmberlartd County My Car dWW FP)plres May 10, 2009 AAenr1;P.T. Pggruylvania Association of Notaries Synafure of AMan( 5 Teue4 /fowCCL ES Q 6 106 3 Z0 , ?vw4 /? L?? FG rrW lot4 R??il?rv Sf. ,1 A,,e (-awb&-tmv AfAr /7070 C-71-7) -7 -7 O - L -a-7 -7 vot'C- e COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT -T- COMMON PLEAS No. -vk1- NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the dale and in the case mentioned below. NAME OF APPELLANT I MAG. DIST. NO. OR NAME OF O.J. ADDRESS OF APPELLANT CITY STATE ZIP CODE DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) CLAIM NO. ! SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT CV YEAR LT YEAR This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 10086. No. 1001(6)) in action before district Justice, he This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days alter filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of appelfee(s) (Common Pleas No. L, within twenty (20) days after service of rule or suffer entry of judgTquLnf?ms_._. I ?. Signature of apgellan or his attorney or agent RULE: To appel)ee(s) ,.. .Name of aPpellee(s) . -. :.. ' (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mailis the date of the mailing. r' Date: 1,.1::, !1 r;-'9.5 Year- -- I I at6reb otaryrDeputy White - Prothonotary Copy Green - Court File Copy - Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 CERTIFIED MA (Domestic Mail Only; Nt .:. .. m CAMP HILL PA 11011 ° M Postage $ 40, 3] ru Certified Fee 4_, J ° ° Return Receipt Fee ° 41,]5 (Endorsement Required) ° Restricted Delivery Fee J. QQ (Endorsement Required) Total Postage 8 Fees 44.42 $ C3 N -- Sent TO %AN N-) Street Apt. No.: _ I6' 1%-itPf! 1 CERTIFIED MAIL. RECEIF (Domestic Mail Only; No Insurance Coverall m MECHANIC58URG PA 17055 ° nl Postage $ ?? .. A nJ C tl '' T'E' 7 T? Z 0 ertifie Fee C Return Receipt Fee 41,]5 -? n Po (Endorsement Required) tJl ?? . ev C3 Restricted DeliveryFee EO,fJfJ .A (Endorsement Rudman) 0.941t.- a Total Postage & Fees $ $4.42 ID16/2005 - to Q ° Sent To a. - At `? ? ? _ I As NO orPoBOxNO. So?2 ^ ------ ..I U ? ? TC - ---------- ----------- - - N L A P ------------- City State, zA c - . ... . . ... ins ...... .... ... ..... .............. l7os'r M1 C3 ? O MEC44AIC58URG 1 O Fri PoqF Flu a CertifieC Return Receipt Fee (Endorsement Required) CO Restricted Delivery Fee ,.a (Endorsement Required) Total Postage & Fees Ul CD Sent Tc,. 4 C3 [ r 54 1 C . lot - . or PO Postmark Here -za COMMONWEALTH OF PENNSYLVANIA CCU INTV C)F- CUMBERLAND 09-1-02 MDJ Name: Han. ROBERT V. MANLOVE Add1e55 1901 STATE ST CAMP HILL, PA Teeph.ne (717) 761-0583 17011-0000 COURT OF COMMON PLEAS : os 4:n2 /Y c? CloiL `T COMMON PLEAS NOTIFICATION REQUEST FORM PLAINTIFF: NAME acid ADDRESS FNAYNE JANIS AD LITEM JESSICA JANIS' 502 JACOB LN MECHANI:CSBURG, PA 17050 L Vs. DEFENDANT: NAME aid ADDRESS rERAMO, ALISA 33 LOGANS RUN RD ENOLA, PA 17025 L Docket No. CV-0000539-OS Date Filed: 10/14/05 esa Disposition Date: 11/29/05 Please be advised that an appeal has been filed in the above captioned case. Kindly use this form to indicate the results in this case, and return to the issuing authority (listed above). RESULT OF APPEAL Common Pleas Judge_ CIVIL-LANDLORD/TENANT APPEAL APPEAL STRICKEN - appeal has been disallowed. J J - APPEAL DISCONTINUED - appeal has been discontinued by appellant. MAGISTERIAL DISTRICT JUDGE DECISION UPHELD - court has reached the same decision as the magisterial district judge judgement. MAGISTERIAL DISTRICT JUDGE DECISION DISMISSED - court has reached a decision that does not concur with the district justice decision. WRIT OF CERTIORARI - WRIT STRICKEN - appeal has been disallowed. - WRIT DISCONTINUED - writ has been discontinued by appellant. MAGISTERIAL DISTRICT JUDGE DECISION SET ASIDE - the case will be reheard due to irregularity, lack of juristiction, or improper venue. WRIT DISMISSED - tna isterial district judge decision was not found to be flawed, lacking jurisdiction, or having improper venue. STATEMENT OF OBJECTION (Please give a general summary of the results) - OBJECTION DISCONTINUED - objection has been discontinued by the appellant. OBJECTION DENIED - objection has been denied by the Court of Common Pleas. OBJECTION UPHELD - appellant's objection has been upheld by the Court of Common Pleas. AOPC 7298-05 DATE PRINTED:12/19/05 11:43:53 AM J COMMONWEALTH OF PENNSYLVANIA Ur: 09-1-02 MDJ Name: Hon. ROBERT V. MANLOVE Addreae: 1901 STATE ST CAMP HILL, PA Telephone (717) 761-0583 17011-0000 COMMON PLEAS NOTIFICATION PLAINTIFF REQUEST FORM NAME= and ADDRESS rWAYNE JAHIS AD LITEM JESSICA JANIS, 502 JACOB LH MECHANICSBURG, PA 17050 L J VS. DEFENDANT: NAME and ADDRESS FERAMO, ALISA 1 33 LOGANS RUN RD ZNOLA, PA 17025 L J ROBERT V. MANLOVE 1901 STATE ST Docket No.: CV-0000539-05 CAMP HILL, PA 17011-0000 Date Filed: 10/14/05 Disposition Date: 11/29/05 Please be advised that an appeal has been filed in the above captioned case. Kindly use this form to indicate the results In this case; and return to thellssuirsg°authority (listed above), RESULT OF APPEAL Common Pleas Judge_ CIVIL-LANDLORD/TENANT APPEAL APPEAL STRICKEN - appeal has been disallowed. APPEAL DISCONTINUED - appeal has been discontinued by appellant. MAGISTERIAL DISTRICT JUDGE DECISION UPHELD - court has reached the same decision as the magisterial district judj?e judgement. MAGISTERIAL DISTRICT JUDGE DECISION DISMISSED - court has reached a decision that does not concur with the district justice decision. WRIT OF CERTIORARI WRIT STRICKEN - appeal has been disallowed. WRIT DISCONTINUED - writ has been discontinued by appellant. - MAGISTERIAL DISTRICT JUDGE DECISION SET ASIDE - the case will be reheard due to irregularity, lack of juristiction, or improper venue. WRIT DISMISSED - Magisterial district judge decision was not found! to be flawed, lacking jurisdiction, or having imp oper venue. STATEMENT OF OBJECTION (Please give a general summary of the results) - OBJECTION DISCONTINUED - objection has been discontinued by the appellant. OBJECTION DENIED - objection has been denied by the Court of Common Pleas. - OBJECTION UPHELD - appellant's objection has been upheld by the Court of Common Pleas. AOPC 729B-05 DATE PRINTED:12/19/05 11:43:53 AM JESSICA J. JANIS, a minor, by WAYNE A. JANIS, Guardian vs. ALISA ERAMO, DEFENDANT NOTICE TO DEFENDANT NAMED HEREIN: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. -- x'3'19 YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU, AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 JESSICA J. JANIS, a minor, by WAYNE A. JANIS, Guardian VS. ALISA ERAMO, DEFENDANT COMPLAINT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and makes the following Complaint in this matter: 1. The Plaintiff is Jessica J. Janis, a minor, who files this action by her guardian, Wayne A. Janis. The Plaintiff and the guardian both reside at 502 Jacob Lane in Mechanicsburg, Cumberland County, Pennsylvania 17055. Wayne A Janis is the father of Jessica J. Janis. 2. The Defendant is Alisa Eramo an adult individual who resides at 33 Logans Run Road in Enola, Cumberland County, Pennsylvania 17025. The Defendant is the mother of Jessica J. Janis. 3. Prior to 15 August 2005, Jessica J. Janis (hereinafter "Minor") resided with the Defendant. On 15 August 2004 Minor went to reside with Plaintiff. 4. Prior to 15 August 2005, Minor had accumulated funds in an account held for her benefit by Minor and Defendant at Sovereign Bank. The funds in that account represented funds that belonged only to Minor most, if not all, of which represented Minor's earnings from various part time jobs. Defendant owns no interest in the account and her name was on the account only in a fiduciary capacity to protect Minor's funds and interest in that account. 5. On 16 August 2005 Defendant, without Minor's knowledge or consent, withdrew all of the funds from the account at Sovereign Bank. 6. Since withdrawing the funds from the Sovereign Bank account, Defendant has retained them, has refused to provide Minor or her father, Wayne A. Janis with any information about those funds, and has refused to account for her disposition of them. 7. The funds in the account, which have been unilaterally taken by Defendant, belong to Minor. Defendant, by taking those funds and refusing to account for them, has injured Plaintiff in the amount of $4,332.46, which was the balance in the account on the day that Defendant withdrew the funds from the account. WHEREFORE, Jessica J. Janis, by Wayne A. Janis, her guardian in this matter, demands judgment against the Defendant Alisa Eramo in the amount of $4,332.46, plus interest after 16 August 2005, plus costs of suit. ? J Samu$1 L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12' Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: WAYNE A. JANIS, Gtfardian for Jessica J. Janis AUTHORIZATION My name is Jessica J. Janis. I was born on 10 July 1989 and am currently 16 years of age. I hereby authorize my father, Wayne A. Janis, to serve as my guardian in a claim I want him to assert against my mother, Alisa Eramo to recover funds of mine that my mother took from a bank account held for my benefit. I specifically authorize Wayne A. Janis to take all steps reasonably necessary to successfully prosecute my interests in this matter. Jessica J. Janis Dated: l fi- ')L ( CIS (7 ?J .?^.?_> C.. --t ?.? i=ii t y - a i.<_ ?? .: _.$ C ? -? JESSICA J. JANIS, a minor, by WAYNE A. JANIS, Guardian PLAINTIFFS V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW ALISA ERAMO DEFENDANT NO. 05 -44"3-CIVIL TERM PRELIMINARY OBJECTIONS TO: Jessica J. Janis c/o Samuel L. Andes, Esquire 525 North 12`h Street Lemoyne, PA 17043 Notice to Plead YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. MOTION TO DISMISS FOR LACK OF JURISDICTION AND PENDENCY OF A PRIOR ACTION PURSUANT TO PA. R.C.P. 1028 (a)(1) AND (a)(6) DUE TO GUARDIAN'S CHAPTER 13 BANKRUPTCY PETITION 1. The Defendant, Alisa Frame, is the natural mother of Jessica J. Janis. 2. The Defendant shares legal custody of the minor, Jessica J. Janis, with Wayne A. Janis. 3. Wayne A. Janis has inserted himself as the "Guardian" of Jessica J. Janis in the pending litigation, which commenced with the filing of a complaint with a district justice on October 14, 2005. 4. On October 7, 2005 Wayne A. Janis filed a Chapter 13 Bankruptcy Petition in the Middle District of Pennsylvania showing: a. The "Guardian's" unsecured debts from credit cards, lines of credit, and department stores totaled $62,951.54. b. The "Guardian's" secured debts from no less than three (3) mortgages totaled $406,000.00 against a home valued by the "Guardian" at $400,000.00. C. The "Guardian's" net monthly income was $5,536.00 while his monthly expenditures were $5,749.74. d. The "Guardian's" assets (excluding vehicles and retirement plans) total $4,077.00. In accordance with Pa. R.C.P. 2039 (b) if any amounts were recovered by the minor in this case these funds "shall be paid to a guardian of the estate of the minor qualified to received the fund, if the minor has one or one is to be appointed." 6. Title 11 of the U.S. Bankruptcy Code at Section 541 (a) defines "property of the estate" to include "all legal or equitable interests in the debtor in property". The "Guardian's" precarious financial position means that it is unwise to place any funds under his control outside the supervision of the United States Bankruptcy Court. Wayne A. Janis is not an appropriate "Guardian" in this case in which funds may be paid to a minor and if he insists on pursuing this matter as the "Guardian" a Petition to Remove him from the pending civil action shall be filed in accordance with Pa. R.C.P. 2033. MOTION TO DISMISS FOR LEGAL INSUFFIENCY OF A PLEADING PURSUANT TO PA. R.C.P. 1028 (a)(4) 9. Any funds at issue in the pending case were held in an account naming the Defendant as the co-owner with right of survivorship. A true and correct copy of the account application is attached hereto as Exhibit "A" (sensitive information such as social security numbers, home phone numbers and birthdates have been redacted). 10. Defendant is completely within her rights to deposit and/or hold these funds in a federally insured bank either as "Guardian" for the minor or as a "Co- Owner". 11. Defendant has not been removed as the "Guardian" or "Co-Owner" of these funds by any court of competent jurisdiction. 12. Plaintiff's complaint at Paragraph 4 states that "[Defendant's] name was on the account only in a fiduciary capacity to protect Minor's funds and interest in that account." 13. If Paragraph 4 of the Complaint is accepted as true and Defendant has not been removed as the "Guardian" of these funds for the benefit of the minor, then Plaintiff's complaint fails to state a cause of action. 14. If Exhibit "A" is accepted as true the Defendant was authorized to hold these funds as a co-owner and Plaintiff's complaint fails to state a cause of action. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Plaintiff s Complaint. Respectfully submitted, By: Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for the Defendant Date: January 26, 2006 Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Samuel L. Andes, Esquire 525 North 121h Street Lemoyne, PA 17043 Date: January 26, 2006 Respectfully submitted, WAYPOINT BANK - 037 235 N SECOND ST HARRISBURG, PA 17101 OWNERSHIP OF ACCOUNT - PERSONAL PURPOSE O INDIVIDUAL ? ® JOINT- WITH SURVIVORSHIP Iand...A wan. In cwrmonl ? JOINT- NO SURVIVORSHIP In tmentenaommanl Q TRUST - SEPARATE AGREEMENT: ? REVOCABLE TRUST DESIGNATION AS DEFINED IN THIS AGREEMENT Name and Address of Behsflclariac OWNERSHIP OF ACCOUNT - BUSINESS PURPOSE ? SOLE PROPRIETORSHIP ? CORPORATION: ? FOR PROFIT ? NOT FOR PROFIT ? PARTNERSHIP 71 CBUUSSINESS: p Of MAJOI ATI : AUTHORIZATION DATED: DA EOPENED $1412004 eypARODAKL INITIAL DEPOSIT 4 986,10 M CASH ? CHECK ? HOME TELEPHONES (71^T BUSINESS PHONE A OffIVER'S LICENSE r E-MAIL EMPLOYER MOTHER'S MAIDEN NAME Nam. mod eddnes of aomsono who will always know your locetbm BACKUP WITHHOLDINO CERTIFICATIONS TIN: &VOrfar_ 19 TAXPAYER I.D. NUMBER - The Taxpayer Identification Number shown above (TIN) Is my correct taxpayer fdenN(lcation number. M BACKUP WITHHOLDING - I em not aub*t to backup Withholding ellher because I have not been notified that 1 em eublea to backup withholding as a result of a faturs to report all interest or dlvidsnds, or the Internal Revenue Service has notified me that I am no longer subject to backup withholding. ? EXEMPT RECIPIENTS - I am an exempt recipient under the Internet Revenue Service Regulations. SIGNATURE: f earthy onpt PSaaftin of poddry the moments eMeYed to this eeatlen And del Am m V S. fnxsan Unelading t U.S. roddaat clan), X tJtea¢Banken5rmma, Inc„6t. poud. MN narn ccoUNT r ?I a NUMBER 8878023': F JESSICA JOY JANIS . ALISA E ERAMO 33 LOGANS RUN RD ENOLA, PA 17025 ® NEW ? EXISTING TYPE OF ? CHECKING 2 SAVINGS ACCOUNT 0 MONEY MARKET ? CERTIPICATE OF DEPOSIT ? NOW ? This Is your (check onel: SAVERS ADVANTAGE ? Permanent ? Temporary account agreement. Number of signatures required for withdrawal 1 FACSIMILE SIGNATURESS) ALLOWED? ? YES W NO - Ina unaeraignea agree to the terms Stated on every m and acknowledge reaelpt of a completed copy. The they authorb t the financial Institution to,verlify credit a credit report on me undersigned, as id also acknowledge the receipt of a copy ® Deposit Account IN Funds Availability ® Privacy ® Electronic Funds Transfer Z Truth In Savings nr. ICAJOYJA IN ?1 WJ. US J I.D.It ILL D.o.B. (21: L6?oL C". CAU/ fD ALISA E ERAMO La{D. x E?9 o.os, ?- 1 Of! ! .. a 1 I.D. If D.O.B. 14): EX f.0, N D.O.B. ? Authodted Starer Ilndlvidual Accounts Only) L I Igrt O.O.B. A I I foxg. I or 21 C)l ry iJ? ?7 y't ya 2 i -T ? _ fZI -,tJ JESSICA J. JANIS, a minor, by WAYNF A. ) JANIS, Guardian ) PLAINTIFFS ) vs. ) ALISA ERAMO, ) DEFENDANT ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW t,P/I NO. 05-44t53CIVIL TERM ANSWER OF PLAINTIFF TO DEFENDANT'S PRELIMINARY OBJECTIONS AND NOW comes the above-named Plaintiff, by her guardian ad litem, and makes the following Answer to Defendant's Preliminary Objections in this matter: 1. MOTION TO DISMISS FOR LACK OF JURISDICTION AND PENDENCY OF A PRIOR ACTION PURSUANT TO PA. R.C.P. (a) (1) AND (a) (6) DUE TO GUARDIAN'S CHAPTER 13 BANKRUPTCY PETITION 1. Admitted. 2. Admitted. 3. Admitted. By way of further answer, Wayne Janis states that he is surviving as the guardian of Jessica J. Janis in this matter at the request and insistence of the minor. 4. Admitted. By way of further answer, however, Wayne Janis states that the information relating to his bankruptcy, and the debts and obligations he owes therein, are separate from and have no relationship to the funds which lawfully belong to Jessica J. Janis. 5. Admitted. 6. The statements in Paragraph 6 are not averments of fact but conclusions of law, to which no factual response is required. To the extent that a factual response is required, Plaintiff denies that property which belongs to Jessica J. Janis would be subject to the jurisdiction of the bankruptcy court as a result of the bankruptcy proceeding he filed. 7. Denied. Wayne Janis's financial situation will not adversely affect assets which belong to Jessica J. Janis and he is fully capable, with the bankruptcy court's prior approval if necessary, of insulating those funds from anv creditor of his. 8. Denied. Wayne Janis is the appropriate guardian to protect the interests of Jessica J. Janis, at least to the extent required to recover for the funds improperly removed by the I Defendant. Wayne Janis is prepared, at the conclusion of this litigation and the recovery of the funds which belong to Jessica J. Janis, to deposit those in an account not controlled by either he or the Defendant. WHEREFORE, Plaintiff asks this court to deny Defendant's Motion to Dismiss. II. MOTION TO DISMISS FOR LEGAL INSUFFICIENCY OF A PLEADING PURSUANT TO PA. R.C.P. 1028 (a) (4) 9. While it is admitted that the Defendant placed the funds in question into a joint account in the name of the Defendant and the minor child, it is denied that such action was proper because the funds have always belonged to the minor child and the Defendant only held them in a fiduciary capacity. 10. Denied. The funds in question belong to the minor child and have always belonged to the minor child. It is and was improper for the Defendant to deposit those into a joint account in her name with the child, particularly an account which provided for a right of survivorship. 11. Denied. Defendant herself, by removing the funds from the account in the child's name and concealing them from the child, has terminated her position as guardian of the funds and, by her conduct, has demonstrated an inability to protect the child's interests in those funds. The Defendant has, by her own conduct, removed herself as guardian or fiduciary of the funds for the child. 12. Admitted. 13. Denied. Defendant, by closing the account and concealing the funds from the minor child and, Plaintiff believes, by depositing them into an account in the Defendant's name alone, has removed herself as guardian. Defendant's own conduct entitles the Plaintiff, as guardian for the child, to receive those funds in this litigation. 14. Denied. The document attached as Exhibit A is a factual averment which the court cannot determine as part of the preliminary objections in this matter. Even if Exhibit A is accepted, for purposes of argument, as accurate, it only demonstrates the improper conduct of the Defendant by placing funds that belong only to the minor child in Defendant's name. The document demonstrates that Defendant has breached her fiduciary responsibility and duty to the child and, as such, as removed herself as the guardian of these funds. WHEREFORE, Plaintiff asks this court to deny the Defendant's Preliminary Objections and to award the relief requested in Plaintiff's Complaint. Samuel L. Andes Attorney for Plaintiff Supreme Court ID li 17225 525 North 12`h Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). r lo, Date: CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Defendant by regular mail, postage prepaid, addressed as follows: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 Date: 9 February 2006 lM ` f n?? Amy M. Akins Secretary for Samuel L. Andes L d G tN w 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) JESSICA J. JANIS, a minor, by WAYNE A. JANIS, Guardian (Plaintiffs) VS. AL1SA ERAMO, (Defendant) D5- (03?79 NO. 05 4463 Civil Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections to Plaintiffs Complaint. 2. Identify counsel who will argue cases: (a) for plaintiff: Samuel L. Andes 525 North 12' Street, Lemoyne, PA 17043 (b) for defendant: Steven Howell 619 Bridge Street, New Cumberland, PA 17070 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: 17 Hay 2006 qz:: - ?VOQP I - Samue L. Andes Attorney for Plaintiff Date: 19 April 2006 JESSICA J. JANIS, a minor, by WAYNE A. JANIS, Guardian PLAINTIFFS VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW !03'79 NO. 05-44W CIVIL TERM ALISA ERAMO, DEFENDANT PRAECIPE TO THE PRHONOTARY: Please remove the Defendant's Preliminary Objections to Plaintiff's Complaint from the argument court list now scheduled to be heard on 17 May 2006. SSel L. Andes Attorney for Plaintiff Date: 9 May 2006 : IT! ? . CO r - '? twy . 32 Jessica J. Janis, a minor, by Wayne A. Janis, Guardian V. Alisa Eramo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA W79 NO. 054463-CIVIL TERM ORDER OF COURT AND NOW, May 17, 2006, by agreement of counsel, the above-captioned matter is continued from the May 17, 2006 Argument Court list. Counsel is directed to relist the case when ready. By Edgar B. Bayley, J. ,,/5amuel L. Andes, Esquire For the Plaintiff Xven Howell, Esquire For the Defendant Court Administrator kam A 2,ZZ ?°??? ewe` ?? k??o?? npv oGo, ??? qh.a? ???a ? G JESSICA J. JANIS, a minor, by WAYNE A. JANIS, Guardian PLAINTIFFS V. ALISA ERAMO DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 05 - 6379 CIVIL TERM MOTION TO MARK ACTION AS SETTLED AND DISCONTINUED WITH PREJUDICE UPON PRAECIPE BY JESSICA J. JANIS, AN ADULT INDIVIDUAL 1. On or about January 4, 2006 a lawsuit was filed by Jessica J. Janis (DOB 7/10/1989), a minor, by Wayne A. Janis, her natural father, against Alisa Eramo, the natural mother of Jessica J. Janis. 2. The lawsuit sought the return of $4,332.46 which was held in a bank account at Sovereign Bank titled in the names of Jessica Joy Janis and Alisa Eramo as joint tenants with right of survivorship. See Exhibit "A". Counsel for the parties agreed to an informal settlement of the matter in which these funds - which had increased to $4,590.43 as of March 2, 2007 - would be deposited into an escrow account at Commerce Bank in the form of a Certificate of Deposit and then distributed directly to Jessica J. Janis after she attained the age of eighteen (18) on July 10, 2007. 4. Steven Howell, Esquire opened the escrow account as shown on Exhibit "B" on March 2, 2007 with a balance of $4,590.43. Steven Howell, Esquire closed the escrow account on June 4, 2007 when the 90 day CD matured with a balance of $4,603.88 as shown on Exhibit "C". 6. The sum of $4,603.88 was then placed in an interest bearing savings account with a distribution of $4,604.73 to Jessica J. Janis by Official Check dated July 9, 2007 as shown on Exhibit "D-1" (official check) and Exhibit "D-2" (statement). 7. On July 16, 2007 Jessica J. Janis - having attained the age of 18 on July 10, 2007 - executed a Praecipe to Discontinue with Prejudice. See Exhibit "E" (original Praecipe). 8. On May 22, 2008 Samuel L. Andes, Esquire (counsel for the Plaintiffs) was sent a letter from Defendant's counsel requesting consent to file the Praecipe to Discontinue with Prejudice. See Exhibit "F". 9. On May 28, 2008 Defendant's counsel received a response from Attorney Andes indicating that he "was not in a position to discontinue the case or to take any steps to prevent you from doing so at this time". See Exhibit "G". 10. Attorney Andes' letter indicated that he has "not heard anything from Wayne Janis for more than a year. As a result, I have no authority to take any action wit regard to the case and cannot, therefore, file a document to discontinue the case or consent to it being discontinued." WHEREFORE, Defendant respectfully requests this Honorable Court to authorize the discontinuance with prejudice of the action as the Plaintiff has attained the age of majority and consented to the action's dismissal in accordance with Exhibit "E". Respectfully submitted, By: Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Samuel L. Andes, Esquire 525 North 12th Street Lemoyne, PA 17043 By: Date: May 28, 2008 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for the Defendant 5/21/07 STEVEN HOWELL ESCROW AGENT FOR JESSICA JANIS 619 BRIDGE STREET NEW CUMBERLAND PA 17070 Dear Customer, Commerce CBm* - Your Certificate of Deposit (CD) is scheduled to mature on the date listed below. For your convenience, we will automatically renew your account for the same term. The interest rate and Annual Percentage Yield (APY) have not yet been determined. They will be available on the maturity date. Please contact your local branch or call 1-888-937-0004 to learn the interest rate and APY for your new account. If you wish not to renew, please contact us no later than 10 days after the maturity date. Account number: 102292 Maturity Date: 06/02/07 Crediting Frequency: 1 Renewal Term: 3 Month Current Balance: $4,590.43 Rate Information: This is an interest bearing account. The interest rate and (APY) will not change for the term of the account. Interest begins to accrue on the business day you deposit noncash items (for example, checks). Interest is compounded daily and will be credited to the account monthly. Interest on the account will be credited by adding the interest to the principal. The APY assumes interest will remain on deposit until maturity. A withdrawal will reduce earnings. Balance Information: We use the daily balance method to calculate the interest on the account. This method applies a daily periodic rate to the principal in the account each day. We will use an interest accrual basis of 365 (or 366 in a leap year) for each day in the year. You must maintain a minimum balance of $500 in the account each day to obtain the disclosed APY. For Jumbo CDs, minimum balance requirement is $100,000; for the 20 day CD, minimum balance requirement is $25,000. Limitations: You must deposit $500 to open certificate of deposit accounts, $100,000 for the Jumbo CD and $25,000 for the 20 day CD. Youmay not make deposits into or withdrawals from your account until the maturity date. Time Account Information: The term of your account will be for the renewal term listed above. Your new account maturity is based on this renewal term. If you withdraw any of the principal before the maturity date, we will impose a penalty. The penalty for accounts opened on February 13, 2006 or later: 7 days loss of interest for 20 day or 3 month accounts; 90 days loss of interest for account terms 6 to 13 months or less; 180 days loss of interest for account terms greater than 13 months. For accounts opened prior to February 13, 2006 the penalty will be the method initially disclosed on your CD document. This will be the penalty disclosed above or 3 months loss of interest for account terms 13 months or less; 6 months loss of interest for account terms greater than 13 months. If your account is closed before interest is credited, you will not receive the accrued interest. If your account has not earned enough interest, or if the interest has been paid, we will take the interest from the principal amount. This account will automatically renew. You will have 10 days after the maturity date to withdraw funds without penalty. Reminder: If you choose not to automatically renew your account, kindly bring your copy of the CD to the Bank at the time of the account closing. commerce Bank i Harrisburg, PO Box 4999 999 3801 Paxton Street EXHIBIT Harrisburg, PA 17111-0999 Z commercepc.com /'R. WAYPOINT BANK - 037 235 N SECOND ST HARRISBURG, PA 17101 OWNERSHIP OF ACCOUNT - PERSONAL PURPOSE ? INDIVIDUAL ? ® JOINT • WITH SURVIVORSHIP land not as tenants in eorrsnonl ? JOINT - NO SURVIVORSHIP Its taunts In eommonl ? TRUST - SEPARATE AGREEMENT: ? REVOCABLE TRUST DESIGNATION AS DEFINED IN THIS AGREEMENT Nam• and Address of 86nsflcleriss: OWNERSHIP OF ACCOUNT - 13USINESS PURPOSE ? SOLE PROPRIETORSHIP ? COAPORATION: ? FOR PROFIT ? NOT FOR PROFIT ? PARTNERSHIP BUSINESS, W RA A AUTHORIZATION DATED: DATE OPENED 314/2004 BY PARODAKL INITIAL DEPOSIT / 980,10 0 CASH ? CHECK ? HOME TELEPHONE s BUSINESS PHONE t DRIVER'S LICENSE +Y E•MAI,L EMPLOYER MOTHER'S MAIDEN NAME Name and address of someone who will always know your loeetient ` BACKUP WITHHOLDING CERTIFICATIONS TIN: TAXPAYER NUMBER Number hownabove (TIN) Is my correct taxpayer Identification number. M BACKUP WITHHOLDING . I am not subject to backup withholding either because I have not been notified that I am subject to backup withholding as a result of a failure to report all interest or dividends, or the Internal Revenue Service has notified' me that I am no loner subject to backup withholding. ? EXEMPT RECIPIENTS - I 'am an exempt recipient under the Internal Revenue Service Regulations. SIGNATURE: 1 to arAv Pssalties of "day thostatanaets ohooked Is this eseboa read that I am. U.S. pe ass BncledinB a U.S. rosldsat attWn). 44 X I Jl?nt,?'G-1 , PLA M,(A? ,?F 2l0 9878023': NUMBSER, OUNT ? JESSICA JOY JANIS , ALISA E ERAMO 33 LOGANS RUN RD ENOLA, PA 17025 0 NEW ? EXISTING TYPE OF [] CHECKING ® SAVINGS ACCOUNT ? MONEY MARKET ? CERTIFICATE OF DEPOSIT ? NOW ? This Is your (check one): SAVERS ADVANTAGE ? Permanent ? Temporary account agreement. Number of signatures required for withdrawal 1 FACSIMILE SIGNATURE(S) ALLOWED? ? YES ® NO IX •? SIGNATURE(S) • The underslred agree to the terms stated on ewty t?ge of this form end acknowledge receipt of a completed copy. The undersigned lurther authorize the flnenodlal institution to,verify ctosdit and employment history end/or have. a credit reporting ?gancy propper$ a credit report on the undersigned, as Individusli. The underelpned also acknowledge the reoelpt of a copy and agree to the terms of the following disclosurets): ® Deposit Account ® Funds Availability M Privacy ® Elactronle Funds Transfer ® Truth In Savings [XSSI w?CA JOY? JAN . • I.D. M " nD?O.SS..? ALISA E ERAMO 0. I)! b.o.e.' 131: L I.D. ! 0.0.6. (4): [X I.D. # D.O.S. ? Authorl2ed Signer tlndlvidual Accounts 01110 EXHIBIT F 01022 Bankara Srstsms. Inc.. St. Cloud, MN Pam' MPSC•LAZ• $ m D.O.& /page 1 of 2) Commerce Commerce Bank/Harrisburg N.A. 3801 Paxton Street Harrisburg, Pennsylvania 17111 Bank 1-888-937-0004 018404NNY2N23163 JESSICA JANIS STEVEN HOWELL ESCROW AGENT FOR 619 BRIDGE STREET NEW CUMBERLAND PA 17070 We're here 7 days a week, 24 hours a day at 1-888-937-0004. PERSONAL STATEMENT SAVINGS 0627061187 Statement' Balance' as of 06103/07 $OAO Plus 2 Deposits and Other Credits $4,60413 Statement' Balance as of 06130/07 $4,604,73 Transactions By Date Date Description Debit Credit Balance 06104107 DEPOSIT$4,603.88 54,603.88 06130107 INTEREST PAYMENT $0.85 $4,604.73 Interest Summary BeginningS,tnterest late 0,26% Number of Days in this Statement Period 27 Interest Earned this Statement Period $0.85 Annual Percentage Yield Earned this Statement Period JAPY) 0.26% Interest Paid Year to Date $0.86 EFFECTIVE 8/1107, SAVINGS ACCOUNTS WHICH FALL BELOW THE $100 DAILY MINIMUM BALANCE OR BECOME DORMANT WILL INCUR A $4 SERVICE FEE. RETURNED DEPOSITED CHECK FEE,_$10. 051 qpdp ?g€ gel E? r-jumsommowna WAV%Ml FI CAW mo L. OA 170ii 12-05469 1441 m"100'1 PAY 13 TO THE ORDER OF 1tot 1k't?r:?a.?ra 4' `.ta €s?stk4 x 3*•au #b:i ;.. W, DOLLARS N -?NE TIABLE RE: N8120 P-119M l: SO 2 LmO 4S 4i. S& 900401 ,lug EXHIBIT € ()-1 m Commerce Commerce Bank/Harrisburg N.A. P.O BOX 4999 ftnk Harrisburg, Pennsylvania 17111-0999 1.888-937-0004 016404NNY1 N75 JESSICA JANIS STEVEN HOWELL ESCROW AGENT FOR 619 BRIDGE STREET NEW CUMBERLAND PA 17070 We're here 7 days a week, 24 hours a day at 1-888-937-0004. PERSONAL STATEMENT SAVINGS 0627061187 Statement Balance as of 06130/67 $4,604.73 Plus 0 'Deposits and Other Credits $0.0 Less 1 Withdrawals and Other Debits $4,604.73 Statement Balance as of07111/07! $0.00 Transactions By Date Date Description Debit Credit Balance 07110107 'CLOSING WITHDRAWAL $4,604.73 $0.00 Interest Summary Beginning Interest Rate 025% Interest Paid Year to Date $0.86 G EXHIBIT Z ? -2 m 000 Closed Page 1 of 1 JESSICA J. JANIS, a minor, by WAYNE A. JANIS, Guardian PLAINTIFFS V. ALISA ERAMO DEFENDANT CIVIL ACTION - LAW NO. 05 - 6379 CIVIL TERM PRAECIPE TO DISCONTINUE WITH PREJUDICE TO THE PROTHONOTARY: I, Jessica J. Janis, having attained the age of eighteen (18) on July 10, 2007 hereby direct the Prothonotary to discontinue with prejudice the pending action against the Defendant Alisa Eramo. BY: essica J. Jani Date: - ?? Commonwealth of Pennsylvania ss County of Cumberland -% %-'t e-- On this, the I C day of J LA , 2007, before me, the undersigned officer, personally appeared JESSICA J. JANIS, known Yo me (or satisfactorily proven) to be the person whose name is subscribed to the within document and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Bent T. Howell, Notary Public New Ctxnberiand Boro, Cumberland County My Com *asion Exites May 10, 2009 Member, Pennsylvania Association of Notaries IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA g EXHIBIT F- m HOWELL LAW FIRM 619 Bridge Street, New Cumberland, Pennsylvania 17070 Telephone 717-770-1277 Fax 717-770-1278 **** VIA TELECOPIER 761-1435 **** May 22, 2008 Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 RE: Janis v. Eramo, No. 05-6379 (Cumberland County - Civil Action) Dear Sam: I enclose a copy of a Praecipe to Discontinue with Prejudice signed by Jessica Janis to close out the case originally filed by Wayne A. Janis as Guardian. I also enclose a copy of the cashier's check and Commerce Bank account statement which verify that Jessica received the full amount sought in the Complaint. Do you concur with my request to file the Praecipe and Discontinue the case with prejudice as was our agreement (please see my letter of 5/4/2006). Please respond by 4:00 PM on Tuesday, May 30th. In the alternative, do you wish to file the Praecipe to Discontinue as counsel of record for Mr. Janis? Very truly yours, en Howel , Esquire SH/bth cc: Alisa Eramo 33 Logans Run Road Enola, PA 17025 g EXHIBIT m MAILING ADDRESS: P. O. BOX 168 LEMOYNE, PA 17043-0168 E-MAIL: L&wAndes*a L.co- Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 TELEPHONE (717) 761.5361 PAX (717) 761-1435 27 May 2008 RE: Eramo / Janis Dear Steve: I have not heard anything from Wayne Janis for more than a year. As a result, I have no authority to take any action with regard to the case and cannot, therefore, file a document to discontinue the case or consent to it being discontinued. Now that the daughter is an adult, I think she has the authority to do that herself but I will leave that fine point of law to you. At any rate, I am not in a position to discontinue the case or to take any steps to prevent you from doing so at this time. Sincerely, Samuel L. Andes amh G EXHIBIT G (°? ?.? ?,... ,_... ; z J - ':rl l ; •,-, ? ., . _ - ?urJ -" #°,,) °' ?'? -1 «Y J„ {. +: JESSICA J. JANIS, a minor, by WAYNE A. JANIS, Plaintiffs V. ALISA ERAMO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-6379 CIVIL TERM ORDER OF COURT AND NOW, this 10 h day of June, 2008, upon consideration of Defendant's Motion To Make Action as Settled and Discontinued with Prejudice upon Praecipe by Jessica J. Janis, an Adult Individual, a Rule is hereby issued upon Plaintiffs to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, Samuel L. Andes, Esq. 525 North 12'' Street Lemoyne, PA 17043 Attorney for Plaintiffs ? Steven Howell, Esq. 619 Bridge Street New Cumberland, PA 17070 Attorney for Defendant :rc l=op ! es ma AL Mino ?° '8 ?? + 1 ?nr soot 3HI do JESSICA J. JANIS, a minor, by WAYNE A. JANIS, Guardian PLAINTIFFS V. ALISA ERAMO DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 05 - 6379 CIVIL TERM MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE 1. On June 10, 2008 a Rule to Show Cause was issued by the Honorable J. Wesley Oler, Jr. as shown on Exhibit "A". 2. A true and correct copy of the Order was served on June 12, 2008 upon Plaintiff's counsel of record as shown on the USPS Form 3817 attached to the front of Exhibit "A". The twenty (20) days expired on July 2, 2008.. 4. No answer has been received by Defendant's counsel as of July 7, 2008 and a telephone check with the Prothonotary indicated that no response had been received. Statement of Relevant Facts: 5. On or about January 4, 2006 a lawsuit was filed by Jessica J. Janis (DOB 7/10/1989), a minor, by Wayne A. Janis, her natural father, against Alisa Eramo, the natural mother of Jessica J. Janis. 6. The lawsuit sought the return of $4,332.46 which was held in a bank account at Sovereign Bank titled in the names of Jessica Joy Janis and Alisa Eramo as joint tenants with right of survivorship. 7. Counsel for the parties agreed to an informal settlement of the matter in which these funds - which had increased to $4,590.43 as of March 2, 2007 - would be deposited into an escrow account at Commerce Bank in the form of a Certificate of Deposit and then distributed directly to Jessica J. Janis after she attained the age of eighteen (18) on July 10, 2007. 8. Steven Howell, Esquire opened the escrow account on March 2, 2007 with a balance of $4,590.43. 9. Steven Howell, Esquire closed the escrow account on June 4, 2007 when the 90 day CD matured with a balance of $4,603.88. 10. The sum of $4,603.88 was then placed in an interest bearing savings account with a distribution of $4,604.73 to Jessica J. Janis by Official Check dated July 9, 2007. 11. On July 16, 2007 Jessica J. Janis - having attained the age of 18 on July 10, 2007 - executed a Praecipe to Discontinue with Prejudice. 12. On May 22, 2008 Samuel L. Andes, Esquire (counsel for the Plaintiffs) was sent a letter from Defendant's counsel requesting consent to file the Praecipe to Discontinue with Prejudice. 13. On May 28, 2008 Defendant's counsel received a response from Attorney Andes indicating that he "was not in a position to discontinue the case or to take any steps to prevent you from doing so at this time" 14. Attorney Andes' letter indicated that he has "not heard anything from Wayne Janis for more than a year. As a result, I have no authority to take any action wit regard to the case and cannot, therefore, file a document to discontinue the case or consent to it being discontinued." WHEREFORE, Defendant respectfully requests this Honorable Court to authorize the discontinuance with prejudice of the action as the Plaintiff has attained the age of majority and consented to the action's dismissal. Respectfully submi By: Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for the Defendant Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon the party/parties set forth below by postage prepaid, first class United States Mail addressed as follows: Samuel L. Andes, Esquire 525 North 12`h Street Lemoyne, PA 17043 By: Date: July 7, 2008 JESSICA J. JANIS, a minor, by WAYNE A. JANIS, Plaintiffs V. ALISA ERAMO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-6379 CIVIL TERM ORDER OF COURT AND NOW, this 10`h day of June, 2008, upon consideration of Defendant's Motion To IWJa e Action as Settled and Discontinued with l e P'A ,; by Jessica J. Janis, an Adult Individual, a Rule is hereby issued upon Plaintiffs to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, I , Wesley Off, Jr., 1. Samuel L. Andes, Esq. 525 North 12`h Street Lemoyne, PA ,17043 Attorney for Plaintiffs U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOP iuci 1aeruresneruec-ree Receive Steven Howell Attorney At Law 619 Bridge Street New Cumberland, PA 17070 One piece of ordinary mail addressed to: c X,b ?. - co 51 IRE e -?Y lee PS Forth , January 2001 'E 00PY FROM 10 001RU oft"y www,1 tam unto set " be 01 :;did Ca?tt ?t rlitdid?, ?. RIAr tom.. c . w w r i JUL 0 9 2008 JESSICA J. JANIS, a minor, by WAYNE IN THE COURT OF COMMON PLEAS A A. JANIS, Guardian CUMBERLAND COUNTY PLAINTIFFS PENNSYLVANIA V. ' CIVIL ACTION - LAW ALISA ERAMO DEFENDANT NO. 05 - 6379 CIVIL TERM ORDER OF COURT AND NOW, this V day of 1 J , 2008 it is hereby ORDERED that the Prothonotary of Cumberland County shall mark the above captioned action as discontinued with prejudice. BY THE COURT: Certified Copies To: Zsteven Howell, Esquire Howell Law Firm 619 Bridge Street /New Cumberland, PA 17070 ? Samuel L. Andes, Esquire 525 North 12`' Street Lemoyne, PA 17043 ACC (2 ?p1 'e.S mca t Sall 1 Est `f 0?7?+