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HomeMy WebLinkAbout06-2084 GARY L. BLACK and CONNIE P. BLACK, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 to - :JJ/'6''i cl v; [ v. CIVIL ACTION - LAW KATHRYN M. ROWLES, Defendant JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with a 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 LA WYER 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 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER & BRENNEMAN, P. C. By: 0~ Attorneys for Plaintiffs LAW OFFICES SNELBAKER & BRENNEMAN, P .C. LAW OFFICES SNELBAKER & BRENNEMAN. P.C. \1 il I ! GARY L. BLACK and CONNIE P. BLACK, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ()&- :l.()'?'1 ci v,( v. CIVIL ACTION - LAW KATHRYN M. ROWLES, Defendant JURY TRIAL DEMANDED COMPLAINT Plaintiffs Gary L. Black and Connie P. Black, by their attorneys, Snelbaker & [Brenneman, P. C., submit this Complaint and in support thereof state the following: I I I I I residing at 11 Ridgeway Drive, Mechanicsburg, Cumberland County, Pennsylvania. Background 1. Plaintiffs Gary L. Black and Connie P. Black, husband and wife, are adult individuals 2. Defendant Kathry M. Rowles is an adult individual residing at 339 Garland Drive, Carlisle, Cumberland County, Pennsylvania. COUNT 1 - Breach of Contract 3. The averments of Paragraphs 1 and 2, inclusive, of this Complaint are incorporated by reference herein. 4. Beginning August II, 2003 Plaintiffs did loan to Defendant at Defendant's specific oral request various sums of money, which sums Defendant orally agreed to repay. 5. In addition to Defendant agreeing to repay the funds Defendant borrowed from Plaintiffs, Defendant agreed as further consideration for moneys loaned to her that she would pay in full Plaintiffs' mortgage on their residence at 11 Ridgeway Drive, Mechanicsburg, Pennsylvania. 6. The dates and amounts of loans made by Plaintiffs to Defendant and received by Defendant pursuant to the parties' agreement as described in Paragraphs 4 and 5, above, are identified and itemized on the listing attached hereto and incorporated by reference herein as "Exhibit A". 7. The total sum loaned by Plaintiffs and borrowed by Defendant from August 11,2003 through and including May 24, 2004 was $39,855.00. 8. Defendant has failed and refused to repay Plaintiffs any or all of the sum loaned to !Defendant although Defendant has been given a reasonable time and opportunity to do so. I 9. Defendant has failed and refused to pay to Plaintiffs any sums borrowed by her after demand by Plaintiffs to do so. 10. All conditions precedent to Plaintiffs' right to maintain this action have been I performed or have occurred. I WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of $39,855.00 together with interest and cost of this action. COUNT II - Uniust Enrichment (In the Alternative to Count I) 11. The averments of Paragraphs 1 through 10, inclusive, of this Complaint are incorporated by reference herein. 12. The sums of money given by Plaintiffs to Defendant as described in Count I and Exhibit A hereto were not provided by Plaintiffs to Defendant as a gift or gratuity. 13. Defendant wrongfully secured benefits from the sums of money provided to her from the Plaintiffs that would be unconscionable for Defendant to retain. LAW OFFICES SNELBAKER & BRENNEMAN, P.c. -2- 14. Defendant has been unjustly enriched at the expense of the Plaintiffs in the amount of$39,855.00. WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of $39,855.00 together with interest and cost of this action. The total claims of the Plaintiffs in this action, exclusive of interest and cost, exceed the jurisdictional limits for mandatory arbitration in Cumberland County. I I I SNELBAKER & BRENNEMAN, P. C. By:l~ Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiffs Gary L. Black and Connie P. 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"f> ~_.q,.3.2_.~:-. /'.0"7"4'- 31- Q 0 t>- ,,;'... I I ' j:3 oO,Q2.. -*'......_...~...._,.-~_..............-.-... ......00..... 7hrtf-L- 3<b.:< O~-.-' .. I L /: 0<" 3 T 00 .-. T(JT It'- ~:T;t(;-;;;..~~., ~ I' r-o <:')Cl> ~,~ .;;t 0 .'.'-. ~ i----.------...-,...-..~.~_.- .........---~. 39 <it So. ~~- a , 0 0 -~- ci-CV."- r'''-~~''''''''-'-'''-~-~~-'-''''..d'' ..-.-- 4:1.. 7 So. ~~".- ,300.~_2. i--/f f-;-;-;;:.~.:._.. / <?'XI l\.a-HI1 -F3-.L.~ s-=-_~.._~.. 77>lttt.. '+~ 160. ~ II tJ(/, (JoI @) -------..---...--...--_.........~-"'^.... '$ 4-7 ~ ,,"0. -~ I ....~_..,....,.._......~. ....,..__...~_..~_~.,.~.._.. ,...., ..~_.._'l:-<? ~1'l.~ .. -s- - -' _:.l'____ C~-~. ~# C"",4. K~ 5. ~ rc..fI1-t~ O~-- ,,~-G> 'f ~. J\~ oGo- (/ /- C/<r Gd-<~ (!) " ,- 0 :J-CJy.- C~ r' /j .J K'dy 7'lJ1"~L LAW OFFICES SNELBAKER & BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: JlJI 2./0(., ~ :{ iJuJ Gary L. lack VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: t/ /1)..,/0 (; &~/ P 81~~/ Connie P. Black ~ -eL. CJt...1 '* 1 5~~.1 #-f ;.. H- <J -fJ Q~5 '55 ~ ~ :~: '. '; \ Ii',: f.,~ t:\ ,.! .(, "'; ".:".',-n. "'--, . . STEPHANIE E. CHERTOK, ESQ. PA Supreme Court ID: 52651 61 W. Louther Street Carlisle, P A 17013 (717) 249-1177 ANDREW H. SHAW, ESQ. PA Supreme Court ID: 87371 61 W. Louther Street Carlisle, PA 17013 Attorneys for Defendant GARY L. BLACK and CONNIE P. BLACK, Plaintiffs : IN THE COURT OF COMMOM PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2084 v. : CIVIL ACTION - LAW KATHRYN M. ROWLES, Defendant : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Gary L. Black and Connie P. Black, Plaintiffs c/o Keith o. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 Attorney for Plaintiffs You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Date: 51f/o C:. ~ ~ph 'e E. Chertok, Esquire Supreme Court I.D. No. 52651 Andrew H. Shaw, Esquire Supreme Court I.D. No. 87371 61 West Louther Street Carlisle, P A 17013 (717) 249-1177 Attorneys for Defendant STEPHANIE E. CHERTOK, ESQ. P A Supreme Court ID: 52651 61 W. Louther Street Carlisle, P A 17013 (717) 249-1177 ANDREW H. SHAW, ESQ. PA Supreme Court ID: 87371 61 W. Louther Street Carlisle, P A 17013 Attorneys for Defendant GARY 1. BLACK and CONNIE P. BLACK, Plaintiffs : IN THE COURT OF COMMOM PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2084 v. : CIVIL ACTION - LAW KATHRYN M. ROWLES, Defendant : JURY TRIAL DEMANDED ANSWER TO PLAINTIFFS' COMPLAINT AND NEW MATTER NOW COMES the Defendant, Kathryn M. Rowles, by and through her Attorneys, Stephanie E. Chertok and Andrew H. Shaw, and file this Answer to Plaintiffs' Complaint and New Matter, and in support thereof state as follows: BACKGROUND 1. Admitted. 2. Admitted. COUNTI-BREACHOFCONTRACT 3. No response required. 4. Denied, It is denied that Plaintiffs loaned any amount of money to Defendant. It is also denied that Defendant agreed to pay any amount to Plaintiffs. By way of further response, Plaintiffs were aware that any amount given to Defendant was immediately given to Kathy Smith. Additionally, Plaintiffs were promised repayment and more, directly from Kathy Smith for the money they gave her through Defendant. Strict proof thereof is demanded at trial. 5. Denied. It is denied that Defendant ever agreed to pay any amount to Plaintiffs. It is specifically denied that Defendant agreed to payoff in full Plaintiffs' mortgage on their residence. By way of further response, Plaintiffs were aware that any amount given to Defendant was for Kathy Smith and was immediately given to Kathy Smith. Additionally, Plaintiffs were promised repayment and more, directly from Kathy Smith for the money Plaintiffs gave to her through Defendant. Strict proof thereof is demanded at trial. 6. Denied. Paragraph 6 is not a statement of fact to which a response is required. To the extent a response is required, after reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter stated regarding the specific dates and amounts referenced in Plaintiffs "Exhibit A". By way of further response, Plaintiffs were aware that any amount given to Defendant was for Kathy Smith and was immediately given to Kathy Smith. Additionally, Plaintiffs were promised repayment and more, directly from Kathy Smith for the money Plaintiffs gave to her through Defendant. Strict proof thereof is demanded at trial. 7. Denied. It is denied Plaintiffs loaned any sum of money to Defendant. It is denied that Defendant received money in the amount of$39,855.00 from Plaintiffs. By way of further response, Plaintiffs were aware that any amount given to Defendant was for Kathy Smith and was immediately given to Kathy Smith. Additionally, Plaintiffs were promised repayment and more, directly from Kathy Smith for the money Plaintiffs gave to her through Defendant. Strict proof thereof is demanded at trial. 8. Denied. It is denied that Plaintiffs ever loaned any sum of money to Defendant. It is also denied that Defendant owes any sum of money to Plaintiffs or agreed to pay any amount of money to Plaintiffs. By way of further response, Plaintiffs were aware that any amount given to Defendant was for Kathy Smith and was immediately given to Kathy Smith. Additionally, Plaintiffs were promised repayment and more, directly from Kathy Smith for the money Plaintiffs gave to her through Defendant. Strict proof thereof is demanded at trial. 9. Denied. It is denied that Defendant borrowed any sum of money from Plaintiffs. By way offurther response, Plaintiffs were aware that any amount given to Defendant was for Kathy Smith and was immediately given to Kathy Smith. Additionally, Plaintiffs were promised repayment and more, directly from Kathy Smith for the money Plaintiffs gave to her through Defendant. Strict proof thereof is demanded at trial. 10. Denied. Paragraph 10 of Plaintiffs' Complaint is a legal conclusion to which no responsive pleading is required. Further, Plaintiffs have no right to maintain any action against Defendant, as Plaintiffs have always been well aware of the fact that Defendant did not receive any of their monetary contributions. COUNT II - UNJUST ENRICHMENT 1 I. No response required. 12. Denied. It is denied that Plaintiffs gave sums of money to Defendant for her own use as a loan or otherwise. By way of further response, Plaintiffs were aware that any amount given to Defendant was for Kathy Smith and was immediately given to Kathy Smith. Additionally, Plaintiffs were promised repayment and more, directly from Kathy Smith for the money Plaintiffs gave to her through Defendant. Strict proof thereof is demanded at trial. 13. Denied. Paragraph 13 of Plaintiffs' Complaint is a legal conclusion to which no responsive pleading is required. By way offurther response, Plaintiffs were aware that any amount given to Defendant was for Kathy Smith and was immediately given to Kathy Smith. Additionally, Plaintiffs were promised repayment and more directly from Kathy Smith for the money Plaintiffs gave to her through Defendant. Strict proof thereof is demanded at trial. 14. Denied. Paragraph 14 of Plaintiffs Complaint is a legal conclusion upon which no responsive pleading is required. WHERERFORE, Defendant respectfully request This Honorable Court to enter judgment in favor of Defendant and against Plaintiffs, thereby dismissing Plaintiffs Complaint. NEW MATTER 15. Paragraphs I through 14 are incorporated herein by reference as though set forth in full. 16. Plaintiffs' Complaint fails to state any cause of action upon which reliefrnay be granted, 17. Plaintiffs' claims are barred by the doctrine of unclean hands. 18. To the extent that Plaintiffs have suffered any damage, said damage was caused by Plaintiffs, and not by the action or inaction of Defendant. 19. Plaintiffs' claims are barred by the doctrine of estoppel. 20. Plaintiffs' claims are barred by the statute oflimitations. 21. Plaintiffs' claims are barred by the doctrine of laches. 22. Plaintiffs have failed to sue the correct parties. 23. Plaintiffs have failed to join indispensable, necessary, and proper parties. 24. Plaintiffs' claims are barred by the doctrine of res judicata. 25. Plaintiffs' claims are barred because they have failed to mitigate any damages they may have suffered. 26. Plaintiffs' claims are barred by the statue of fraud. 27, Plaintiffs' claims are barred by the doctrine of consent. 28. Plaintiffs' claims are barred by the doctrine of duress. 29. Plaintiffs' claims are barred by the doctrine of release. 30. Plaintiffs' claims are barred by the doctrine of waiver. 31. Plaintiffs' claims are barred by the doctrine of collateral estoppeL 32. Plaintiffs' claims are barred by the defense of accord and satisfaction. 33. At no time did Plaintiffs loan Defendant money. 34. At no time did Defendant borrow money from Plaintiffs. 35. At all relevant times, Plaintiffs knew and understood that any money given to Defendant was a direct loan to Kathy Smith and would be repaid by Kathy Smith. 36. At no time did Defendant promise or guarantee that the Plaintiffs would receive any money from Defendant as repayment for money loaned to Kathy Smith. 37. Plaintiffs were directly involved with Kathy Smith and her "business scheme" to the extent that they personally provided Kathy Smith with money, and other favors, in return for promises by Kathy Smith that they would be rewarded with reimbursement and other grand "gifts." WHEREFORE, Defendant requests this Honorable Court rule in favor of Defendant and against Plaintiffs. Date: S/Ef/-o b ~. Supreme Court LD. No. 52651 Andrew H. Shaw, Esquire Supreme Court LD. No. 87371 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 Attorneys for Defendant , VERIFICATION I verifY that the statements made in this Answer and New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ,q~~ >f2fi~ / Kathry . Rowles STEPHANIE E. CHERTOK, ESQ. PA Supreme Court ID: 52651 61 W. Louther Street Carlisle, PA 17013 (717) 249-1177 ANDREW H. SHAW, ESQ. PA Supreme Court ID: 87381 61 W. Louther Street Carlisle, P A 17013 Attorneys for Defendant GARY L. BLACK and CONNIE P. BLACK, Plaintiffs : IN THE COURT OF COMMOM PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 06-2084 v. : CIVIL ACTION - LAW KATHRYN M. ROWLES, Defendant : JURYTRlALDEMANDED CERTIFICATE OF SERVICE I, Stephanie E. Chertok, hereby certify that a true and correct copy of the Answer to Plaintiffs' Complaint and New Matter was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 Date: ~ (q /o-b ~ PA Sup. Ct. ID No. 52651 Andrew H. Shaw, Esquire PA Sup. Ct. ID No. 87371 61 W. Louther Street Carlisle, PAl 7013 (717) 249-1177 Attorneys for Plaintiffs .' 0 ...., = 0 ~ = 'Tl "" So. ::w:: ..... ""OCt)" rrlLE" :> f+l:n Z...;... -< r- Zl'" I ~~ r4~~ U1 K"CJ ;po. ~:e -r; ~O '".--n :x ~%~ 5U 0\ C 1.0 Z ~ =<! .r:- \D -< GARY L. BLACK and CONNIE P. BLACK, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2084 CIVIL v. CIVIL ACTION - LAW KATHRYN M. ROWLES, Defendant : JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEW MATTER Plaintiffs Gary L. Black and Connie P. Black, by their attorneys, Snelbaker & Brenneman, P. C., submit this Reply to Defendant's New Matter as follows: 15. Paragraph 15 of Defendant's New Matter should be stricken as improperly requiring a reply to an answer which is not a recognized pleading under the Pennsylvania Rules of Civil Procedure. The allegations of fact set forth in Defendant's Answer are denied in their entirety to the extent they include facts contrary to the averments of Plaintiffs' Complaint or facts not contained in Defendant's New Matter that are specifically denied in this Reply. 16. Paragraph 16 of Defendant's New Matter contains an unwarranted conclusion of law to which no response is required; accordingly, same is denied pursuant to Pa.RC.P. 1029(d). 17. Paragraph 17 of Defendant's New Matter contains an unwarranted conclusion oflaw to which no response is required; accordingly, same is denied pursuant to Pa.RC.P. 1029(d). 18. Paragraph 18 of Defendant's New Matter contains an unwarranted conclusion oflaw to which no response is required; accordingly, same is denied pursuant to Pa.RC.P. 1029(d). 19. Paragraph 19 of Defendant's New Matter contains an unwarranted conclusion of law to which no response is required; accordingly, same is denied pursuant to Pa.RC.P. 1029(d). 20. Paragraph 20 of Defendant's New Matter contains an unwarranted conclusion oflaw LAW OFFICES SNELBAKER & BRENNEMAN, P.C. to which no response is required; accordingly, same is denied pursuant to Pa.RC.P. 1029(d). 21. Paragraph 21 of Defendant's New Matter contains an unwarranted conclusion oflaw to which no response is required; accordingly, same is denied pursuant to Pa.RC.P. 1029(d). 22. Paragraph 22 of Defendant's New Matter contains an unwarranted conclusion oflaw to which no response is required; accordingly, same is denied pursuant to Pa.RC.P. 1029(d). 23. Paragraph 23 of Defendant's New Matter contains an unwarranted conclusion oflaw to which no response is required; accordingly, same is denied pursuant to Pa.RC.P. 1029(d). 24. Paragraph 24 of Defendant's New Matter contains an unwarranted conclusion oflaw to which no response is required; accordingly, same is denied pursuant to Pa.RC.P. 1029(d). 25. Paragraph 25 of Defendant's New Matter contains an unwarranted conclusion oflaw to which no response is required; accordingly, same is denied pursuant to Pa.RC.P. 1029(d). 26. Paragraph 26 of Defendant's New Matter contains an unwarranted conclusion oflaw to which no response is required; accordingly, same is denied pursuant to Pa.RC.P. 1029(d). 27. Paragraph 27 of Defendant's New Matter contains an unwarranted conclusion of law to which no response is required; accordingly, same is denied pursuant to Pa.RC.P. 1029(d). 28. Paragraph 28 of Defendant's New Matter contains an unwarranted conclusion oflaw to which no response is required; accordingly, same is denied pursuant to Pa.RC.P. 1029(d). 29. Paragraph 29 of Defendant's New Matter contains an unwarranted conclusion oflaw to which no response is required; accordingly, same is denied pursuant to Pa.RC.P. 1029(d). 30. Paragraph 30 of Defendant's New Matter contains an unwarranted conclusion of law to which no response is required; accordingly, same is denied pursuant to Pa.RC.P. 1029(d). LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 31. Paragraph 31 of Defendant's New Matter contains an unwarranted conclusion of law -2- to which no response is required; accordingly, same is denied pursuant to Pa.R.c.P. 1029(d). 32. Paragraph 32 of Defendant's New Matter contains an unwarranted conclusion of law to which no response is required; accordingly, same is denied pursuant to Pa.R.C.P. 1029(d). 33. Denied. It is denied that at no time did Plaintiffs loan Defendant money. On the contrary, Plaintiffs loaned Defendant those sums specified in Plaintiffs' Complaint, the averments of which are incorporated by reference herein. 34. Denied. It is denied that at no time did Defendant borrow money from Plaintiffs. On the contrary, Defendant borrowed sums of money from Plaintiff as more fully described in Plaintiffs' Complaint, the averments of which are incorporated by reference herein. 35. Denied. It is denied that Plaintiffs knew and understood that money given to Defendant was a loan to Kathy Smith. It is further denied that Plaintiffs knew and understood I that money given to Defendant would be repaid by Kathy Smith. On the contrary, Defendant specifically represented that money she borrowed would be repaid by her. 36. Denied. It is denied, to the extent it is expressed or implied, that Plaintiffs loaned to Kathy Smith those sums which Defendant borrowed and has failed to repay as averred in Plaintiffs' Complaint. It is further denied that Defendant did not promise to repay the funds she borrowed from Plaintiff. The averments of Plaintiffs' Complaint are incorporated by reference herein. 37. Admitted in part; denied in part. It is admitted only that Plaintiffs loaned funds to Smith beginning May 25, 2004, which funds Kathy Smith agreed to repay. Said loans were LAW OFFICES SNELBAKER & BRENNEMAN, P.C. made after Defendant stopped borrowing money from Plaintiffs. It is denied that Plaintiffs were -3- LAW OFFICES SNELBAKER 8c BRENNEMAN, P.C. involved with Kathy Smith in any "business scheme" which involved providing "favors" and promises by Kathy Smith that Plaintiff would be "rewarded with reimbursement and other grand gifts" . WHEREFORE, Plaintiffs request this Court to dismiss Defendant's Answer with New Matter and enter judgment in Plaintiffs' favor in accordance with the demands set forth in Plaintiffs' Complaint. SNELBAKER & BRENNEMAN, P. C. I/~ BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiffs Gary L. Black and Connie P. Black Date: May 22, 2006 -4- LAW OFFICES SNELBAKER & BRENNEMAN, P.C. VERIFICATION We verify that the statements made in the foregoing Reply to New Matter are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.s. ~ 4904 relating to unsworn falsification to authorities. Date: I ,8'~ ? 6'.4L Gary L. Black ~ /! M~~ Connie P. Black May 22~ 2006 LAW OFFICES SNELBAKER Be BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Reply to New Matter to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Stephanie E. Chertok, Esquire 61 West Louther Street Carlisle, P A 17013 SNELBAKER & BRENNEMAN, P.c. I/~ By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiffs Gary L. Black and Connie L. Black Date: May 22. 2006 ("') r--.:> 0 ('.::;:> c. = .." :-.';":'" cT' -t:J l';" ~ ~..,., rl" ~ rnf'" ,- -~ rn / N C;:I (7; N ~~ f.:; :p:'ft C~) ---*'-.... ( CS ~-5r.n --~ .-'-- Ul ~~ ,~-4 -< ..- ~ GARY L. BLACK and CONNIE P. BLACK, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2084 CIVIL v. KATHRYN M. ROWLES, Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED PLAINTIFFS' MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND THE PRODUCTION OF DOCUMENTS Plaintiffs Gary L. Black and Connie P. Black, by their attorneys, Snelbaker & Brenneman, P. C., submit this Motion to Compel as follows: Background 1. Plaintiffs initiated this action against befendantKathryll M. Rowles by Complaint filed April 13, 2006 seeking, inter alia, damages associated with Defendant's failure to repay to Plaintiffs moneys loaned to Defendant. 2. Plaintiffs aver that from August 11, 2003 through May 24, 2004, they loaned Defendant $39,855.00. (See Plaintiffsit' Complaint, Paragraph 7) 3. Defendant alleges, inter ali!!, that Plaintiffs loaned no money to Defendant and that Defendant did not agree to pay any amounts to Plaintiffs; rather, any amounts Plaintiffs gave to Defendant were immediately given by Defendant to Kathy Smith. (See Defendant's Answer, Paragraph 4) LAW OFFICES SNELBAKER & BRENNEMAN, P.C. MOTION COMPEL RE: INTERROGATORIES 4. On May 17~ 2006~ Plaintiffs served upon Defendant's counsel Plaintiffs' Interrogatories (First Set) Directed to Defendant (the "Interrogatories"). 5. On June 16~ 2006~ Defendant served Answers to Plaintiffs' Interrogatories. A true and correct copy of Defendant's Answers to Plaintiffs' Interrogatories is attached hereto and incorporated by'reference herein as "Exhibit A". 6. In response to Plaintiffs' Interrogatory 5., which interrogatory requested Defendant to identify bank and depository accounts in which Defendant had an interest from August 2003 to present~ Defendant objected on the basis that the question was "irrelevant" and asserted that Defendant never deposited into her account any money given her by Plaintiffs. (See Exhibit A~ p.2) 7. Defendant's response to Interrogatory 5 is without legal or factual basis in that the interrogatory is reasonably calculated to lead to the discovery of admissible evidence; that being~ the deposit of funds from Plaintiffs into Defendant's account or accounts would support Plaintiffs' claim that they loaned funds directly to Defendant. 8. In Defendant's New Matter, Defendant raised in Paragraph 17 through 32~ inclusive, 16 affirmative defenses. 9. In Plaintiffs' Interrogatory 1 O~ Plaintiffs requested that Defendant state the basis of and state all facts in support of each defense raised in Paragraphs 17 through 32 of Defendant's New Matter. Defendant objected to that interrogatory on the basis that the question is outside the scope of discovery and asks for legal theories of Defendant's attorney. (See Exhibit A~ p. 6) LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 10. Defendant's objection to Interrogatory 10 is without legal or factual basis and -2- 's contrary to Pa.R.C.P. 4003.1(c). If Defendant at this time has no factual basis to claim or soo any of the defenses raised in Paragraph 17 through 32 of her New Matter, Defendant hould so indicate or state all facts in support of such defenses at this time. MOTION TO COMPEL RE: REOUEST FOR PRODUCTION 11. On May 17, 2006 Plaintiffs served upon Defendant's counsel Plaintiffs' First Request or Production of Documents Directed to Defendant (the "Request For Production"). 12. On June 16,2006, Defendant served Defendant's Answer to the Request For roduction, a true and correct copy of which Answer (without Exhibits attached) is attached ereto and incorporated by reference herein as "Exhibit B". 13. In Plaintiffs' Request For Production Paragraph 6, Plaintiffs requested all bank account and depository account statements for accounts in which Defendant had an interest from August 2003 to present. Defendant objected to the request on the basis that the "question is not elevant" because Defendant claims she deposited no money from Plaintiffs in Defendant's accounts. (See Exhibit B, p. 2) 14. Defendant's response to Request For Production Paragraph 6 is without legal or factual basis for the same reasons specified in Paragraph 7, above, which paragraph of this Motion is incorporated by reference herein. WHEREFORE, Plaintiffs request this court to issue an Order compelling Defendant to submitted in writing, under oath, full and complete answers to Interrogatories 5 and 10 and a response to Paragraph 6 of Plaintiffs' Request For Production with associated documents, if any, LAW OFFICES SNELSAKER & BRENNEMAN, P.C. -3- LAW OFFICES SNELBAKER Be BRENNEMAN, P.C. r suffer sanctions upon further application to this Court. SNELBAKER & BRENNEMAN, P. C. ate: June 19,2006 BY: ,/l/VL--- Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiffs -4- STEPHANIE E. CHERTOK, ESQ. PA Supreme Court ID: 52651 61 W. Louther Street Carlisle, P A 17013 (717) 249-1177 ANDREW H. SHAW, ESQ. PA Supreme Court ID: 87371 61 W. Louther Street Carlisle, PA 17013 Attorneys for Defendant GARY L. BLACK and CONNIE P. BLACK, Plaintiffs IN THE COURT OF COMMOM PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2084 v. CIVIL ACTION - LA W KATHRYN M. ROWLES, Defendant JURY TRIAL DEMANDED DEFENDANT'S ANSWERS TO PLAINTIFFS' INTERROGATORIES DIRECTED TO DEFENDANT-SET 1 INTERROGATORIES Defendant reserves the right to supplement any and all answers to Interrogatories at a later date in the event that more information should become available. 1. Identify each and every fact witness, lay witness and/or expert witness which you intend to offer or call in your case in chief or by way of rebuttal in an effort to prove any of the matters set forth in Defendant's Answer with New Matter and in an effort to rebut any averments set forth in Plaintiffs' Complaint relative to this action. ANSWER: At this time, Defendant has not yet identified any fact witnesses, lay witnesses and/or expert witnesses who will testify at trial. 2. For each witness identified by Answer to the preceding Interrogatory, briefly state the subject matter of each individual's proposed testimony. ANSWER: Please see response to Interrogatory Number 1. 3. Identify all documents or other objects which you intend to introduce as exhibits at trial of this matter, whether in your case in chief or by way of rebuttal. ANSWER: Defendant has not yet identified any documents or other objects which she intends to introduce as exhibits at trial. 1 EXHIBIT A 4. With regard to each and every expert witness identified by Answer to Interrogatory 1, state: a. The subject matter on which the expert is expected to testify; b. The substance of the facts and opinions to which the expert is expected to testify; c. A summary of the grounds for each opinion; and d. Whether the facts and opinions to which the expert is expected to testify are contained in any written report, memorandum or other document, and, if so, identify the name and address of the present custodian of said report, memorandum or other document. (A copy of the expert report may be attached in lieu of answering this Interrogatory.) ANSWER: Please see response to Interrogatory Number 1. 5. State the following with respect to each bank account and depository account (whether savings, share, checking or other) of which you are a title owner or in which you have had any interest, whether alone or jointly with another or others, from August, 2003 to present: a. The name of the bank or financial institution; b. The address of the bank or financial institution; c. Identify, by name, address and relationship to you, all other owners or authorized users of the account. ANSWER: Objection pursuant to Pa. R.C.P. 4003.1 as this question is irrelevant. By way of further response, Defendant never deposited into her bank accounts any money given to her from Plaintiffs, which Plaintiffs were aware of. As Plaintiffs knew, any money given to Defendant from Plaintiffs was immediately given to Kathy Smith. 6. Were you given by Plaintiffs or did you receive from Plaintiffs any sums of money from August, 2003 to present? If so, state: a. Each and every date that you received money from Plaintiffs; 2 b. The amount of each sum given to you or received by you on each date identified in response to a., above; c. With respect to each amount identified, whether the money given to you or received by you was given or received in the form of cash or check; and d. Identify any and all documents that concern, relate or in any way refer to the money given to you or received by you. ANSWER: Yes, and such money given was intended by both Plaintiffs and Defendant as a loan to Kathy Smith to be repaid by Kathy Smith. a. Defendant did not keep a list of the dates Plaintiffs gave money to Kathy Smith via Defendant. Plaintiffs have such a list in their possession. b. Defendant does not know how much was given on what date. c. Plaintiffs gave checks when giving money to Kathy Smith via Defendant. d. Defendant does not have any documents concerning, relating or in any way referring to the money loaned to Kathy Smith via Defendant. 7. With respect to any money given to you or received by you from Plaintiffs identified in response to Interrogatory 6, state or identify the following; a. Each and every amount deposited by you in any bank or financial institution, stating: 1. the name and address of the bank or financial institution; ii. the amount and date of each deposit made; and iii. identify, as that word is defined herein, all owners of the account. b. Each and every amount given to Kathy Smith, stating: 1. the date and amount each time money was given to Kathy Smith; and ii. whether the amount was given to Kathy Smith by check or cash. 3 c. Identify any and all documents that concern, relate to or in any way refer to each and every amount deposited by you and/or given to Kathy Smith in response to a. and b., above. ANSWER: a. 1. - 111. No deposits were ever made by Defendant into any bank account with the money Plaintiffs gave to her for Kathy Smith. As Plaintiffs knew, all money given to Defendant was immediately given to Kathy Smith. b. 1. Defendant does not have a'record of the amounts and dates each time money was given to Kathy Smith. By way of further response, each time money was given to Defendant by Plaintiffs, the money was immediately given to Kathy Smith. 11. Defendant cashed all checks given to her by Plaintiffs and gave the cash to Kathy Smith. c. Defendant did not deposit any money given to her for Kathy Smith and does not have any records of the amount and dates when money was given to Kathy Smith. 8. Did you at any time give or loan to Kathy Smith any of your own money or funds from August, 2003 to present? If so state: a. The amount of each sum and date each sum was given to Kathy Smith; b. Whether the amount was given by check or cash; c. The source of the funds given; d. Whether the amount given was a gift or loan, and if a loan, specify the terms of the loan; and e. Identify any and all documents that concern, relate to or in any way refer to any amount given or loaned to Kathy Smith. ANSWER: Defendant loaned her own money to Kathy Smith from August 2003 at the following times: a. $200 cash on August 2, 2003. The money was Defendants personal money and it was given to Kathy Smith as a loan. Please see Production of Documents Exhibit B. 4 b. $500 cash on August 1,2003. Defendant's husband took out an advance on his paycheck. Please see Production of Documents Exhibit D. c. $700 cash on August 4,2003. The money was Defendants personal money and it was given to Kathy Smith as a loan. Please see Production of Documents Exhibit B. d. $500 cash on August 15,2003. Defendant's husband took out an advance on his paycheck. Please see Production of Documents Exhibit D. e. $350 cash on January 5, 2004. Defendant's husband took out an advance on his paycheck. Please see Production of Documents Exhibit D. 9. Did you borrow money from any person, by use of any credit card or through any bank or other lending institution to give or loan to Kathy Smith? If so, state and/or identify the following: a. Each amount borrowed or charged against credit card; b. Identify the bank, lending institution or credit card provider by name, address and account number from whom funds were obtained to give or loan to Kathy Smith; and c. Identify any and all documents, including, but not limited to loan agreements, credit card statements and/or bank statements that concern, relate to or in any way refer to the funds borrowed or charged. ANSWER: a. Defendant never borrowed or charged any amount against a credit card. b. 1. BankWest, Inc. - Paycheck Advance 11. Enola Shurfine Market - Paycheck Advance 111. Defendant and her husband also took money out against his life insurance policy at State Farm Insurance c. Please see Production of Documents Exhibits B-D. 5 10. Describe, state the basis of and state all facts that exist in support of each of the following defenses raised in the following Paragraphs of your New Matter: 17. unclean hands: 18. how Plaintiffs' damages were caused by Plaintiffs; 19. estoppel; 20. statute oflimitations; 21. laches; 22. failure to sue correct party; 23. failure to join indispensable, necessary and proper party; 24. res judicata: 25. failure to mitigate damages; 26. statute of frauds; 27. consent; 28. duress; 29. release; 30. waiver; 31. collateral estoppel; 32. accord and satisfaction. ANSWER: Objection pursuant to Pa. R. C. P. 4003.3 as this question is outside the scope of discovery and is asking for the legal theories of Defendant's attorney. Date: !'j;tft Respectfully Submitted By, ~llf!6:: Attorney I.D. #52651 Andrew H. Shaw, Esquire Attorney I.D.# 87371 61 West Louther Street Carlisle, P A 17013 (717) 249-1177 Attorneys for Defendant 6 STEPHANIE E. CHERTOK, ESQ. P A Supreme Court ID: 52651 61 W. Louther Street Carlisle, PA 17013 (717) 249-1177 ANDREW H. SHAW, ESQ. PA Supreme Court ID: 87381 61 W. Louther Street Carlisle, P A 17013 Attorneys for Defendant GARY L. BLACK and CONNIEP. BLACK, Plaintiffs : IN THE COURT OF COMMOM PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2084 VI. : CIVIL ACTION - LA W KATHRYN M. ROWLES, Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Stephanie E. Chertok, Esquire, do hereby certify that a true and correct copy of the Defendant's Answers to Plaintiffs' Interrogatories Directed to Defendant- Set 1 in the above- entitled matter has been served upon the following persons on the 7~ day of June, 2006, via first-class U.S. Mail, postage prepaid. Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Respectfully Submitted, eph ie E. Chertok, Esquire Andrew H. Shaw, Esquire Attorneys for Defendant 7 VERIFICA nON I verify that the statements made in this Defendant's Answers to Plaintiffs' Interrogatories Directed to Defendant - Set I are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. u!~ ~~ Kathryn ~les 8 STEPHANIE E. CHERTOK, ESQ. PA Supreme Court ID: 52651 61 W. Louther Street Carlisle, P A 17013 (717) 249-1177 ANDREW H. SHAW, ESQ. PA Supreme Court ID: 87371 61 W. Louther Street Carlisle, P A 17013 Attorneys for Defendant GARY L. BLACK and CONNIE P. BLACK, IN THE COURT OF COMMOM PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs : NO. 06-2084 v. : CIVIL ACTION - LAW KA THR YN M. ROWLES, Defendant : JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS Defendant reserves the right to supplement any and all Responses to Plaintiff's Request for Production of Documents at a later date in the event that more information should become available. DOCUMENTS TO BE PRODUCED 1. A photastatic copy or like reproduction of all statements made by any party or any witness concerning this lawsuit or its subject matter pursuant to Pennsylvania Rule of Civil Procedure 4003.4. . ANSWER: There are no such statements available. 2. Any and all documents, reports, notes, memoranda, summaries and/or records of any kind relating to any and all interviews of any and all parties and witnesses or individuals made by Defendant in this action, any adjuster, insurer, or any other agent, employee or representative of the party to whom this request is directed, other than her attorneys. ANSWER: Please see Exhibit A. 1 EXHIBIT B 3. Any and all expert reports prepared by any expert engaged by the party to whom this request is directed, who will be called to testify at the trial of this case. This request is inclusive of any and all reports prepared by said experts during the course of the engagement by Defendant dealing with any factual issue involving the case and any and all facts and data which have been reviewed by said expert and any and all opinions which he/she has rendered. ANSWER: Expert witnesses have not yet been identified. 4. Any and all documents containing the name(s), addressees), either home or business, of any and all individuals contacted as potential witnesses in this case. ANSWER: Please see Exhibit A. 5. Any and all documents that concern, relate to or in any way refer to money given to you by Plaintiffs or received by you from Plaintiffs from August 2003 to present. ANSWER: Defendant does not have any such documents. Any documents pertaining to this matter are already in Plaintiffs possession. 6. Any and all bank account statements, share account statements and/or depository account statements for accounts which you are a title owner, whether alone or jointly with another or others, from August 2003 to present. ANSWER: Objection pursuant to Pa. R.C.P. 4003.3 as this question is not relevant because any funds Plaintiffs loaned Kathy Smith via Defendant were not deposited in any bank accounts but were immediately given to Kathy Smith. 7. Any and all documents that concern, relate to or in any way refer to the deposit, transfer or disposition of any money given to you by Plaintiffs or received by you from Plaintiffs from August 2003 to present. ANSWER: Please see Exhibits A-D. 8. Any and all documents that concern, relate to or in any way refer to any money given by you to Kathy Smith or loaned by you to Kathy Smith. ANSWER: All money Kathy Smith received from Defendant was a loan and was never "given" to Kathy Smith. Please see Exhibits A-D. 2 9. Any and all documents that concern, relate to or in any way refer to any funds you borrowed (including, but not limited to, credit card statements, loan agreements and notes) which you claim you gave or loaned to Kathy Smith from August 2003 to present. ANSWER: Please see Exhibits A-D and Exhibit A of Plaintiffs Complaint. 10. Any and all documents that concern, relate to or in any way refer to any criminal proceeding against Kathy Smith. ANSWER: Please refer to Docket Number 2177-2005, Commonwealth v. Kathy 1. Smith, at the Cumberland County Courthouse. 11. Any and all documents identified in response to Plaintiffs' Interrogatories Directed to Defendant and served concurrently herewith. ANSWER: Please see attached Exhibits. 12. Any and all documents and objects Defendant intends to mark or identify as an exhibit for use in the trial of this matter. ANSWER: Trial exhibits have not yet been identified. Respectfully Submitted By, Date: fR It (p~ " / Step . e E. Chertok, Esquire Supreme Court LD. #52651 Andrew H. Shaw, Esquire Supreme Court LD.# 87371 61 West Louther Street Carlisle, P A 17013 (717) 249-1177 Attorneys for Defendant 3 STEPHANIE E. CHERTOK, ESQ. P A Supreme Court ID: 52651 61 W. Louther Street Carlisle, P A 17013 (717) 249-1177 ANDREW H. SHAW, ESQ. PA Supreme Court ID: 87381 61 W. Louther Street Carlisle, P A 17013 Attorneys for Defendant GARY L. BLACK and CONNIE P. BLACK, Plaintiffs : IN THE COURT OF COMMOM PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2084 VI. KATHRYN M. ROWLES, Defendant : CIVIL ACTION - LAW : JURY TRlAL DEMANDED CERTIFICATE OF SERVICE I, Stephanie E. Chertok, Esquire, do hereby certify that a true and correct copy of the Defendant's Answer to Plaintiffs' Request for Production of Documents in the above-entitled matter has been served upon the following persons on the I t" day of June, 2006, via fIrst- class U.S. Mail, postage prepaid. Keith o. Brenneman, Esquire 44 West Main Street Mechanicsburg, P A 17055 (717) 697-8528 Respectfully Submitted, ~ ~ Chertok, squire Andrew H. Shaw, Esquire Attorneys for Defendant 4 VERIFICATION I verify that the statements made in this Defendant's Answer to Plaintiffs' Request for Production of Documents are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. vtI*- ~ 7f2..4., / Kathryn owles 5 CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, aused a true and correct copy of the foregoing Motion to Compel to be served upon the person d in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Stephanie E. Chertok, Esquire 61 W. Louther Street Carlisle, P A 17013 Kathy Jean Smith Curtis Smith 265 Lincoln Street Carlisle, P A 17013 SNELBAKER & BRENNEMAN, P.C. I~ Date: June 19,2006 By: 'Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiffs Gary L. and Connie P. Black LAW OFFICES SNELBAKER & BRENNEMAN, P.C. (-') ,.'.~ c_ ...~ . r. J l~'" "'l r_.~.J c.:, .< o -n ~ !' i STEPHANIE E. CHERTOK, ESQ. P A Supreme Court ID: 52651 61 W. Louther Street Carlisle, P A 17013 (717) 249-1177 ANDREW H. SHAW, ESQ. PA Supreme Court ID: 87371 61 W. Louther Street Carlisle, P A 17013 Attorneys for Defendant GARY L. BLACK and CONNIE P. BLACK, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-2084 KATHRYN M. ROWLES, Defendant : CIVIL ACTION - LAW v. : JURY TRIAL DEMANDED KATHY JEAN SMITH and CURTIS SMITH Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 STEPHANIE E. CHERTOK, ESQ. PA Supreme Court ID: 52651 61 W. Louther Street Carlisle, PA 17013 (717) 249-1177 ANDREW H. SHAW, ESQ. PA Supreme Court ID: 87371 61 W. Louther Street Carlisle, PA 17013 Attorneys for Defendant GARY L. BLACK and CONNIE P. BLACK, Plaintiffs : IN THE COURT OF COMMOM PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VI. : NO. 06-2084 KATHRYN M. ROWLES, Defendant : CIVIL ACTION - LAW v. : JURY TRIAL DEMANDED KATHY JEAN SMITH and CURTIS SMITH Defendant A VISO USTED HA SIDO DEMAND ADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe toma accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona 0 por abogado y presentar en lat Corte por escrito sus defensas 0 sus objeciones alas demandas en su contra. Se Ie avisa que si no se defienda, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificacion por cualquier otra queja 0 compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 NO CONOCES UN ABOGADO, V AYA 0 LLAME A LA OFICINA EN LA DIRECCION ESCRIT A ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 2 STEPHANIE E. CHERTOK, ESQ. PA Supreme Court ID: 52651 61 W. Louther Street Carlisle, P A 17013 (717) 249- II 77 ANDREW H. SHAW, ESQ. PA Supreme Court ID: 87371 61 W. Louther Street Carlisle, P A 17013 Attorneys for Defendant GARY L. BLACK and CONNIE P. BLACK, Plaintiffs IN THE COURT OF COMMOM PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vii. : NO. 06-2084 KATHRYN M. ROWLES, Defendant CIVIL ACTION - LAW v. : JURY TRIAL DEMANDED KATHY JEAN SMITH and CURTIS SMITH Defendant COMPLAINT OF DEFENDANT KATHRYN M. ROWLES AGAINST ADDITIONAL DEFENDANTS KATHY JEAN SMITH AND CURTIS SMITH I. Additional Defendants Kathy Jean Smith and Curtis Smith are a married couple residing at 265 Lincoln Street, Carlisle, Pennsylvania. 2. Plaintiffs instituted this action against Defendant Rowles alleging breach of contract and unjust enrichment. A copy of Plaintiffs complaint is attached hereto and incorporated by reference herein as "Exhibit A". 3. According to Plaintiffs' complaint, starting on or about August 11,2003 until May 24, 2004, Plaintiffs loaned money to Defendant Rowles in the sum of $39,855.00. 4. Defendant Rowles denies that Plaintiffs loaned any amount of money to her and additionally denies that she agreed to repay Plaintiffs any amount of money. Defendant Rowles also denies that she agreed to pay the mortgage on Plaintiffs' house. 3 5. Plaintiffs were aware that any money given to Defendant Rowles was immediately given to Defendants Kathy and Curtis Smith. 6. Defendants Kathy and Curtis Smith promised Plaintiffs that Defendants Kathy and Curtis Smith would repay the money Plaintiffs gave to them via Defendant Rowles. 7. Defendants Kathy and Curtis Smith also promised to give Plaintiffs numerous other items above and beyond the amount loaned to them via Defendant Rowles. 8. Plaintiffs knew that Defendant Rowles was not using any money given to her for her personal use and knew that all of the money given to Defendant Rowles was a loan to Defendants Kathy and Curtis Smith. 9. No money was given to Defendant Rowles by Plaintiffs after May 24, 2004. 10. Plaintiffs began loaning money directly to Defendants Kathy and Curtis Smith on May 25, 2004. I I. On or about August 31, 2004, Plaintiffs were notified of a criminal investigation against Defendant Kathy Smith and contacted Detective Ronald Egolf of the Carlisle Police Department in order to join in the investigation. 12. Plaintiffs contacted Detective Ronald Egolf on October 14, 2004 to discuss the money they had given to Defendant Kathy Smith, both directly to her and through Defendant Rowles. The Police Investigation Report is attached hereto and incorporated by reference herein as "Exhibit B." 13. For no known reason, Plaintiffs decided not to pursue a criminal action against Defendant Kathy Smith. 4 14. On March 7, 2006, Plaintiffs attended the scheduled criminal trial of Defendant Kathy Smith at which time Defendant Kathy Smith pled nolo contendre to theft by deception from Defendant Rowles. 15. Defendant Kathy Smith was sentenced on April 25, 2006 and ordered to make restitution to Defendant Rowles in the amount of$9,OOO.00 with the possibility of jail if she fails to make monthly payments, 16. Defendant Rowles relied upon statements of Defendants Kathy and Curtis Smith when she asked Plaintiffs to lend money to Defendants Kathy and Curtis Smith. Defendants Kathy and Curtis Smith are solely liable to Plaintiffs for any money given by Plaintiffs to Defendant Rowles for the purposes of loaning that money to Defendants Kathy and Curtis Smith. WHEREFORE, Defendant Rowles demands: a, Judgment in her favor, together with costs; b. Judgment that, if there is any liability to Plaintiffs, Defendants Kathy and Curtis Smith are solely liable to Plaintiffs; c. In the event that a verdict is recovered by Plaintiffs against Defendant Rowles that Defendant Rowles may have judgment over and against Defendants Kathy and Curtis Smith by way of indemnification and/or contribution for the amount recovered by Plaintiffs against Defendant Rowles, together with costs. COUNT 1 - BREACH OF CONTRACT 17. Paragraphs I through 16 are incorporated herein by reference as though set forth in full. 5 18. Beginning in June of2002, Defendant Rowles loaned Defendants Kathy and Curtis Smith various amounts of money which Defendants Kathy and Curtis Smith orally agreed to pay back. 19. Defendant Rowles loaned Defendants Kathy and Curtis Smith these amounts at the specific oral request of Defendants Kathy and Curtis Smith. 20. Defendant Rowles loaned Defendants Kathy and Curtis Smith various amounts of money in the form of cash and checks. Cancelled checks are attached hereto and incorporated by reference herein as "Exhibit C." 21. In order to comply with Defendants Kathy and Curtis Smith's demands for money, Defendant Rowles and her husband obtained advances on her husband's paycheck and advances against his life insurance policy. Paycheck advance receipts are attached hereto and incorporated by reference herein as "Exhibit D." Receipts from life insurance advances are attached hereto and incorporated by reference herein as "Exhibit E." 22. In addition, Defendant Rowles was persuaded to obtain money from family members and friends, including Plaintiffs, to comply with Defendants Kathy and Curtis Smith's demands for money. 23. Defendants Kathy and Curtis Smith not only promised to repay the amount given to her from Defendant Rowles but also promised additional items would be given to Defendant Rowles for loaning Defendants Kathy and Curtis Smith this money. 24. The total sum loaned by Defendant Rowles to Defendants Kathy and Curtis Smith from June 2002 through and including August 15,2003 was $70,500.00 6 25. Other than the $9,000 restitution Defendant Kathy Smith has been ordered to pay, Defendants Kathy and Curtis Smith have refused to repay Defendant Rowles all of the sum loaned to Defendants Kathy and Curtis Smith although Defendants Kathy and Curtis Smith have been given a reasonable time and opportunity to do so. WHEREFORE, Defendant Rowles demands judgment against Defendants Kathy and Curtis Smith in the amount of $70,500.00 together with costs and interest and such other relief as this Honorable Court may deem appropriate under law. COUNT II - UNJUST ENRICHMENT 26, Paragraphs 1 through 25 are incorporated herein by reference as though set forth in full. 27. Defendant Rowles did not provide the sums of money described in Count I and "Exhibits A, C, D and E" to Defendants Kathy and Curtis Smith as a gift or gratuity. 28. Defendants Kathy and Curtis Smith wrongfully obtained benefits from the money that Defendant Rowles provided to them. 29. It would be unconscionable for Defendants Kathy and Curtis Smith to retain the money Defendant Rowles provided to them. 30. Defendants Kathy and Curtis Smith have been unjustly enriched at the expense of Defendant Rowles in the amount of $70,500.00. WHEREFORE, Defendant Rowles demands judgment against Defendants Kathy and Curtis Smith in the amount of $70,500.00 together with costs and interest and such other relief as this Honorable Court may deem appropriate under law. 7 COUNT III - FRADULENT MISREPRESENT A TION 31. Paragraphs I through 30 are incorporated herein by reference as though set forth in full. 32. Defendants Kathy and Curtis Smith represented to Defendant Rowles that all of the money Defendant Rowles loaned to Defendants Kathy and Curtis Smith would be returned to her. 33. This representation was material to Defendant Rowles' decision to loan Defendants Kathy and Curtis Smith money, and to Defendant Rowles' effort to induce other people to loan money to them. 34. Defendants Kathy and Curtis Smith's representations to Defendant Rowles were fraudulent in that they were intended to induce Defendant Rowles to loan money to Defendants Kathy and Curtis Smith and to cause other people to loan them money, and: a) Defendants Kathy and Curtis Smith knew or believed that these assertions were not in accord with the facts; and/or b) Defendants Kathy and Curtis Smith did not have the confidence that they stated or implied in the truth of their assertions; and/or c) Defendants Kathy and Curtis Smith knew that they did not have the basis that they stated or implied in the assertions. 35. Defendants Kathy and Curtis Smith's assertions were made with actual knowledge of their falsity at the time they were made, or with reckless disregard of their falsity. 36. Defendant Rowles justifiably relied on the misrepresentations of Defendants Kathy and Curtis Smith. 8 37. During the time Defendant Rowles loaned money to Defendants Kathy and Curtis Smith, Defendants Kathy and Curtis Smith knew or should have known that they were misrepresenting facts to Defendant Rowles as explained more fully above. 38. As a result of the misrepresentation of Defendants Kathy and Curtis Smith, Defendant Rowles has suffered damages as more fully stated above. 39, Defendants Kathy and Curtis Smith's actions as stated above are outrageous, malicious, wanton, reckless, willful and oppressive in nature. WHEREFORE, because of Defendants Kathy and Curtis Smith's fraudulent misrepresentations as stated above, Defendant Rowles demands judgment against Defendants Kathy and Curtis Smith as follows: a. the amount of $70,500.00; b. Together with costs and interest; c. Attorney fees; d. Punitive damages; and e. Such other relief as this Court may deem appropriate and just under the law. COUNT IV - FALSE IMPRISONMENT 40. Paragraphs I through 39 are incorporated herein by reference as though set forth in full. 41. On four separate occasions, Defendants Kathy and Curtis Smith caused Defendant Rowles to be falsely imprisoned at Defendants Kathy and Curtis Smith's house for a number of days or weeks at a time. 9 42, On these occasions, Defendants Kathy and Curtis Smith told Defendant Rowles that Defendant Rowles must not leave Defendants Kathy and Curtis Smith's house under order of a Judge in Philadelphia. 43. Defendant Rowles was informed by Defendants Kathy and Curtis Smith that if she left Defendants Kathy and Curtis Smith's house she would be put in jail or fined. 44. Defendant Rowles left Defendants Kathy and Curtis Smith's house during the first imprisonment to take her son to work. Defendant Kathy Smith then notified Defendant Rowles that a picture had been taken of Defendant Rowles by investigators when she had left the house. 45. Defendant Kathy Smith stated that a "judge" from Philadelphia fined Defendant Rowles $800 for leaving Defendants Kathy and Curtis Smith's house. Defendant Rowles was told she had to pay the fine within two days or else she would be imprisoned. 46. Defendant Kathy Smith told Defendant Rowles to give Defendant Kathy Smith the $800 and she would give it to the ']udge," Defendant Rowles paid the $800 to Defendant Kathy Smith. 4 7. Defendants Kathy and Curtis Smith also threatened Defendant Rowles that if she left the house again the "judge" would imprison her. 48. Defendant Rowles felt that she could not leave Kathy and Curtis Smith's house. 49. Defendants Kathy and Curtis Smith acted to intentionally confine Defendant Rowles within boundaries fixed by Defendants Kathy and Curtis Smith. 50. Defendants Kathy and Curtis Smith's acts directly resulted in the confinement of Defendant Rowles. 10 51. Defendant Rowles was aware of her confinement and was threatened with imprisonment or being fined if she left Defendants Kathy and Curtis Smiths house. WHEREFORE, Defendant Rowles demands judgment against Defendants Kathy and Curtis Smith in excess of the jurisdictional limit together with costs and interest and such other relief as this Honorable Court may deem appropriate under law. COUNT V - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 52. Paragraphs I through 48 are incorporated herein by reference as though set forth in full. 53. Defendants Kathy and Curtis Smith wrongfully obtained $70,500.00 from Defendant Rowles causing her to declare bankruptcy. 54. Defendants Kathy and Curtis Smith induced Defendant Rowles to unwittingly participate in a scheme that has resulted in legal action against her. 55. Defendants Kathy and Curtis Smith falsely imprisoned Defendant Rowles within Defendants Kathy and Curtis Smiths' house by threat of imprisonment and/or fine on four different occasions and for weeks at a time. 56. Defendants Kathy and Curtis Smith caused Defendant Rowles' relationship with many family members and friends to deteriorate to the point where some of her family will no longer speak to her. 57. Defendant Rowles suffers from Multiple Sclerosis and, due to the actions of Defendants Kathy and Curtis Smith, had many occasions on which her symptoms would worsen due to the intentional or reckless actions of Defendants Kathy and Curtis Smith. 58. Defendants Kathy and Curtis Smith's actions were extreme and outrageous. 11 59, Defendants Kathy and Curtis Smith intentionally or recklessly caused Defendant Rowles severe emotional distress. 60. Defendants Kathy and Curtis Smith inflicted severe emotional distress upon Defendant Rowles. WHEREFORE, Defendant Rowles demands judgment against Defendants Kathy and Curtis Smith in excess of the jurisdictional limit together with costs and interest and such other relief as this Honorable Court may deem appropriate under law. Respectfully submitted, Date: (,/1 siD 10 Ste hanie E. Chertok, Esquire Supreme Court LD. 52651 Andrew H. Shaw, Esquire Supreme Court LD. 87371 61 West Louther Street Carlisle, P A 17013 (717) 249 - 1177 Attorneys for Plaintiffs 12 VERIFICATION I verify that the statements made in this Complaint of Defendant Kathryn M. Rowles Against Additional Defendants Kathy Jean Smith and Curtis Smith are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. \~f/71e4/ Kathryn . Rowles ,--",) '-..1 c.. .~.J t...;;-' C) 'Tl .--1 0;:TI i..;,;:~ , C'l -. .. ':-1 :~ <n L:J . . STEPHANIE E. CHERTOK, ESQ. PA Supreme Court ID: 52651 61 W. Louther Street Carlisle, P A 17013 (717) 249-1177 ANDREW H. SHAW, ESQ. PA Supreme Court ID: 87371 61 W. Louther Street Carlisle, P A 17013 Attorneys for Defendant GARY L. BLACK and CONNIE P. BLACK, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-2084 KATHRYN M. ROWLES, Defendant : CIVIL ACTION - LAW v. : JURY TRIAL DEMANDED KATHY JEAN SMITH and CURTIS SMITH Defendants DEFENDANT'S ANSWER TO PLAINTIFFS' MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS Defendant Kathryn M. Rowles, by her attorneys, Stephanie E. Chertok, Esquire, and Andrew H. Shaw, Esquire answer the motion of Plaintiffs in the above entitled matter and set forth as follows: BACKGROUND I. Admitted in part and denied in part. It is admitted that Plaintiffs initiated this action against Defendant Rowles by Complaint filed April 13, 2006. It is denied that Defendant Rowles failed to repay any money to Plaintiffs due to the fact that Plaintiffs never loaned any money to Defendant Kathryn M. Rowles. Further, as Plaintiffs were aware, any money Defendant Rowles received from Plaintiffs was immediately given to Defendants Kathy and Curtis Smith. 2. Neither Admitted nor Denied. The Complaint speaks for itself. . 3. Neither Admitted nor Denied. The Answer speaks for itself. MOTION TO COMPEL RE: INTERROGATORIES 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied, At the times Plaintiffs gave Defendant Rowles money, Plaintiffs knew all of their money was going directly to Additional Defendants Kathy and Curtis Smith. Further, Plaintiffs' cancelled checks will show that the checks were cashed and not deposited in Defendant Rowles' bank account. 8. Admitted. 9. Admitted. 10. Denied. Plaintiff's Interrogatory 10 is objectionable and the requested material is not discoverable under Pa. R.C.P. 4003.3 due to it requesting "conclusions, opinions.. . and legal theories" of Defendant Rowles' counsel. MOTION TO COMPEL RE: REQUEST FOR PRODUCTION II. Admitted. 12. Admitted. 13. Admitted. 14. Denied. At the time Plaintiffs gave Defendant Rowles money, Plaintiffs knew the money was going directly to Additional Defendant Kathy Smith. Further, Plaintiffs' cancelled checks will show that the checks were cashed and not deposited in Defendant Rowles' bank account. . WHEREFORE, Defendant Rowles respectfully request that Your Honorable Court deny Plaintiffs Motion. Date: 7/0? BY~ Stephanie E. Chertok, Esquire Supreme Court LD. No. 52651 Andrew H. Shaw, Esquire Supreme Court LD. No. 87371 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 Attorneys for Plaintiff - . , STEPHANIE E. CHERTOK, ESQ. P A Supreme Court ID: 52651 61 W. Louther Street Carlisle, P A 17013 (717) 249-1177 ANDREW H. SHAW, ESQ. PA Supreme Court ID: 87371 61 W. Louther Street Carlisle, P A 17013 Attorneys for Defendant GARY L. BLACK and CONNIE P. BLACK, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-2084 KATHRYN M. ROWLES, Defendant : CIVIL ACTION - LAW v. : JURY TRIAL DEMANDED KATHY JEAN SMITH and CURTIS SMITH Defendants CERTIFICATE OF SERVICE I, Cindy L. Hribal, Esq., hereby certify that a true and correct copy of the Answer to Plaintiffs' Motion to Compel Answers to Interrogatories and Request for Production of Documents was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 Date: ~(6!o~ ') -i"1 ....; ..;: ~'i ~, --.-1 1 G-' " - - ,,:, GARY L. BLACK and CONNIE P. BLACK, Plaintiffs v. KATHRYN M. ROWLES, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 06-2084 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of June, 2006, upon consideration of Plaintiffs' Motion To Compel Answers to Interrogatories and the Production of Documents, a discovery conference is scheduled in chambers of the undersigned judge for Thursday, August 10, 2006, at 3:00 p.rn, ~th 0, Brenneman, Esq. 44 West Main Street Mechanicsburg, P A 170 I I Attorney for Plaintiffs Aephanie E, Chertok, Esq. 61 West Louther Street Carlisle, PA 17013 Attorney for Defendant fithy Jean Smith Curtis Smith 265 Lincoln Street Carlisle, PA 17013 :rc BY THE COURT, ..~ '\ ,(j \P ~,:9 o Oil :? J! J ,'.,j 07i 1:r". \ SHERIFF'S RETURN - REGULAR CASE NO: 2006-02084 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BLACK GARY L ET AL VS ROWLES KATHRYN M JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ROWLES KATHRYN M the DEFENDANT , at 2124:00 HOURS, on the 17th day of April , 2006 at 339 GARLAND DRIVE CARLISLE, PA 17013 by handing to KATHRYN ROWLES a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Mailing Surcharge So Answers: Sworn and Subscribed 18.00 4.40 .39 10.00 .00 32.79 04/18/2006 , .1._ rJ. SNELBAKER .....j'.. 5;3 fo (, to before By: r~~~c.4" R. Thomas Kline . BRENNEMAN O"'Y ~ me this day of A.D. Prothonotary .... " LAW OFFICES SNELBAKER & BRENNEMAN. P.C. GARY L. BLACK and CONNIE P. BLACK, Plaintiffs v. KATHRYN M. ROWLES, Defendant I : !IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ,NO. 06-2084 CIVIL : CIVIL ACTION - LAW : JuRY TRIAL DEMANDED PRAECIPE TO DISCONTINUE ACtION PURSUANT TO Pa.R.C.P. 229(a) TO THE PROTHONOTARY: Please note on your docket and indices ~hat the above-captioned action is hereby discontinued voluntarily by the Plaintiffs pursu~nt to Pa.R.C.P. 229(a). Date: July 7, 2006 I SNELBAKER & BRENNEMAN, P. C. ,f1vt---- BY: Keith O. Brenneman, Esquire 44 W. Main Street Mech~icsburg, PA 17055 (717) 697-8528 Attom~ys for Plaintiffs I CERTIFICAT~ OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing fraecipe to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PRf;PAID. ADDRESSED AS FOLLOWS: I Stephani.e E. Che~ok, Esquire 61 West Louther ~treet Carlisle, P A 170113 Kathy Jean Smith Curtis Smith 265 Lincoln Street Carlisle, PA 170113 SNELBAKER & BRENNEMAN, P.C. Date: July 7, 2006 ,~ By: ' Keith O. Btenneman, Esquire 44 W. Mai~ Street P. O. Box j18 Mechanics~urg, PA 17055 (717) 697 -t28 Attorneys r Plaintiffs Gary L. Black and Connie P. . lack LAW OFFICES SNELBAKER & BRENNEMAN, P.C. i t.."') c_~~ c.,) '-'.,) '--:-) 4. .) c..,;., I C. "'.., . . STEPHANIE E. CHERTOK, ESQ. P A Supreme Court ID: 52651 61 W. Louther Street Carlisle, P A 17013 (717) 249-1177 ANDREW H. SHAW, ESQ. PA Supreme Court ID: 87371 61 W. Louther Street Carlisle, P A 17013 Attorneys for Defendant GARY L. BLACK and CONNIE P. BLACK, Plaintiffs : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-2084 KATHRYN M. ROWLES, Defendant CIVIL ACTION - LAW v. : JURY TRIAL DEMANDED KATHY JEAN SMITH and CURTIS SMITH Defendant PETITION TO STRIKE OFF DISCONTINUANCE UNDER Pa.R.C.P. 229(c) 1. Plaintiffs, Gary L. Black and Connie P. Black, initiated this action against Defendant Kathryn M. Rowles by Complaint on April 13, 2006. 2. On or about May 5, 2006, Defendant Rowles filed an Answer to Plaintiffs Complaint. 3. On or about June 16,2006, Defendant Rowles filed a Complaint adding Kathy Jean Smith and Curtis Smith as Additional Defendants in the above-captioned case. Defendant Rowles' Complaint is attached hereto and incorporated by reference herein as "Exhibit A." 4. On or about July 7,2006, Plaintiffs filed a Praecipe to Discontinue their case against Defendant Rowles. 5. In Defendant Rowles' Complaint against Additional Defendants, she alleged not only that Additional Defendants Kathy and Curtis Smith were liable over to Plaintiffs should Defendant . . Rowles be found liable to Plaintiffs, but also that Additional Defendants Kathy and Curtis Smith were directly liable to Defendant Rowles on separate but related causes of action. 6. Defendant Rowles requests that this action not be discontinued as to herself and Additional Defendants Kathy and Curtis Smith. 7. Defendant Rowles does not object to the discontinuance of Plaintiffs action against Defendant Rowles. 8. Defendant Rowles requests to be put in the position of Plaintiff in her action against Additional Defendants Kathy and Curtis Smith and that the Smiths are put in the position of Defendants. 9. Additional Defendants Kathy and Curtis Smith will not be unduly prejudiced or surprised if the action against them is not discontinued as they have already been served with the Complaint and any and all pleadings that were exchanged between Plaintiffs and Defendant Rowles. The Sheriffs Return of Service is attached hereto and incorporated by reference herein as "Exhibit B." 10. To require Defendant Rowles to re-file her Complaint against Additional Defendants Kathy and Curtis Smith would force Defendant Rowles to incur the additional costs of service and filing. 11. To require Defendant Rowles to re-file her Complaint against Additional Defendants Kathy and Curtis Smith would cause undue delay and prejudice against Defendant Rowles. WHEREFORE, Defendant Rowles respectfully requests that this action not be discontinued as to Defendant Rowles and Additional Defendants Kathy and Curtis Smith, that Defendant Rowles is now Plaintiff and Additional Defendants Kathy and Curtis Smith are now Defendants, and that Defendant Rowles is granted leave to amend the facts of her Complaint accordingly. Respectfully Submitted By: Date: 7/t~}k Ste anie E. Chertok, Esquire Supreme Court I.D. #52651 Andrew H. Shaw, Esquire Supreme Court I.D.# 87371 61 West Louther Street Carlisle, P A 17013 (717) 249-1177 Attorneys for Defendant l . . EXHIBIT A . . STEPHANIE E. CHERTOK, ESQ. PA Supreme Court ID: 52651 61 W. Louther Street Carlisle, P A 17013 (717) 249-1177 ANDREW H, SHAW, ESQ. PA Supreme Court ID: 87371 61 W. Louther Street Carlisle, P A 17013 Attorneys for Defendant GARY L. BLACK and CONNIE P. BLACK, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA C) r---.,) ,") :-:n v. : NO. 06-2084 KATHRYN M. ROWLES, Defendant c' : CIVIL ACTION - LA W v. i'j-; : JURY TRIAL DEMANDED ~ KATHY JEAN SMITH and CURTIS SMITH Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TmS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TfiS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO fiRE 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 South Bedford Street Carlisle, P A 17013 (717) 249-3166 . . STEPHANIE E. CHERTOK, ESQ. PA Supreme Court ID: 52651 61 W. Louther Street Carlisle, P A 17013 (717) 249-1177 ANDREWH. SHAW, ESQ. PA Supreme Court ill: 87371 61 W. Louther Street Carlisle, P A 17013 Attorneys for Defendant GARY 1. BLACK and CONNIE P. BLACK, Plaintiffs : IN THE COURT OF COMMOM PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VI. : NO. 06-2084 KATHRYN M. ROWLES, Defendant : CIVIL ACTION - LAW v. : JURY 1RIAL DEMANDED KATHY JEAN SMITH and CURTIS SMITH Defendant A VISO USTED HA smo DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe toma accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona 0 por abogado y presentar en lat Corte por escrito sus defensas 0 sus objeciones alas demandas en su contra. Se Ie avisa que si no se defienda, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificacion por cualquier otra queja 0 compensacion rec1amados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA US TED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI US TED NO TIENE 0 NO CONOCES UN ABOGADO, V AY A 0 LLAME A LA OFICINA EN LA DIRECCION ESCRlTA ABAJO PARA A VERlGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 2 . . STEPHANIE E. CHERTOK, ESQ. P A Supreme Court ID: 52651 61 W. Louther Street Carlisle, P A 17013 (717) 249-1177 ANDREW H. SHAW, ESQ. PA Supreme Court ID: 87371 61 W. Louther Street Carlisle, P A 17013 Attorneys for Defendant GARY L. BLACK and CONNIE P. BLACK, Plaintiffs : IN THE COURT OF COMMOM PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Vll. : NO. 06-2084 KATHRYN M. ROWLES, Defendant : CIVIL ACTION - LA W v. : JURY TRIAL DEMANDED KATHY JEAN SMITH and CURTIS SMITH Defendant COMPLAINT OF DEFENDANT KATHRYN M. ROWLES AGAINST ADDITIONAL DEFENDANTS KATHY JEAN SMITH AND CURTIS SMITH 1. Additional Defendants Kathy Jean Smith and Curtis Smith are a married couple residing at 265 Lincoln Street, Carlisle, Pennsylvania. 2. Plaintiffs instituted this action against Defendant Rowles alleging breach of contract and unjust enrichment. A copy of Plaintiffs complaint is attached hereto and incorporated by reference herein as "Exhibit A". 3. According to Plaintiffs' complaint, starting on or about August 11,2003 until May 24,2004, Plaintiffs loaned money to Defendant Rowles in the sum of$39,855.00. 4. Defendant Rowles denies that Plaintiffs loaned any amount of money to her and additionally denies that she agreed to repay Plaintiffs any amount of money. Defendant Rowles also denies that she agreed to pay the mortgage on Plaintiffs' house. 3 5. Plaintiffs were aware that any money given to Defendant Rowles was immediately given to Defendants Kathy and Curtis Smith. 6. Defendants Kathy and Curtis Smith promised Plaintiffs that Defendants Kathy and Curtis Smith would repay the money Plaintiffs gave to them via Defendant Rowles. 7. Defendants Kathy and Curtis Smith also promised to give Plaintiffs numerous other items above and beyond the amount loaned to them via Defendant Rowles. 8. Plaintiffs knew that Defendant Rowles was not using any money given to her for her personal use and knew that all of the money given to Defendant Rowles was a loan to Defendants Kathy and Curtis Smith. 9. No money was given to Defendant Rowles by Plaintiffs after May 24,2004. 10. Plaintiffs began loaning money directly to Defendants Kathy and Curtis Smith on May 25, 2004. 11. On or about August 31, 2004, Plaintiffs were notified of a criminal investigation against Defendant Kathy Smith and contacted Detective Ronald Egolf of the Carlisle Police Department in order to join in the investigation. 12. Plaintiffs contacted Detective Ronald Egolf on October 14,2004 to discuss the money they had given to Defendant Kathy Smith, both directly to her and through Defendant Rowles. The Police Investigation Report is attached hereto and incorporated by reference herein as "Exhibit B." 13. For no known reason, Plaintiffs decided not to pursue a criminal action against Defendant Kathy Smith. 4 14. On March 7,2006, Plaintiffs attended the scheduled criminal trial of Defendant Kathy Smith at which time Defendant Kathy Smith pled nolo contendre to theft by deception from Defendant Rowles. 15. Defendant Kathy Smith was sentenced on April 25, 2006 and ordered to make restitution to Defendant Rowles in the amount of $9,000.00 with the possibility of jail if she fails to make monthly payments. 16. Defendant Rowles relied upon statements of Defendants Kathy and Curtis Smith when she asked Plaintiffs to lend money to Defendants Kathy and Curtis Smith. Defendants Kathy and Curtis Smith are solely liable to Plaintiffs for any money given by Plaintiffs to Defendant Rowles for the purposes of loaning that money to Defendants Kathy and Curtis Smith. WHEREFORE, Defendant Rowles demands: a. Judgment in her favor, together with costs; b. Judgment that, if there is any liability to Plaintiffs, Defendants Kathy and Curtis Smith are solely liable to Plaintiffs; c. In the event that a verdict is recovered by Plaintiffs against Defendant Rowles that Defendant Rowles may have judgment over and against Defendants Kathy and Curtis Smith by way of indemnification and/or contribution for the amount recovered by Plaintiffs against Defendant Rowles, together with costs. COUNTI-BREACHOFCONTRACT 17. Paragraphs 1 through 16 are incorporated herein by reference as though set forth in full. 5 18. Beginning in June of 2002, Defendant Rowles loaned Defendants Kathy and Curtis Smith various amounts of money which Defendants Kathy and Curtis Smith orally agreed to pay back. 19. Defendant Rowles loaned Defendants Kathy and Curtis Smith these amounts at the specific oral request of Defendants Kathy and Curtis Smith. 20. Defendant Rowles loaned Defendants Kathy and Curtis Smith various amounts of money in the form of cash and checks. Cancelled checks are attached hereto and incorporated by reference herein as "Exhibit C." 21. In order to comply with Defendants Kathy and Curtis Smith's demands for money, Defendant Rowles and her husband obtained advances on her husband's paycheck and advances against his life insurance policy. Paycheck advance receipts are attached hereto and incorporated by reference herein as "Exhibit D." Receipts from life insurance advances are attached hereto and incorporated by reference herein as "Exhibit E." 22. In addition, Defendant Rowles was persuaded to obtain money from family members and friends, including Plaintiffs, to comply with Defendants Kathy and Curtis Smith's demands for money. 23. Defendants Kathy and Curtis Smith not only promised to repay the amount given to her from Defendant Rowles but also promised additional items would be given to Defendant Rowles for loaning Defendants Kathy and Curtis Smith this money. 24. The total sum loaned by Defendant Rowles to Defendants Kathy and Curtis Smith from June 2002 through and including August 15,2003 was $70,500.00 6 25. Other than the $9,000 restitution Defendant Kathy Smith has been ordered to pay, Defendants Kathy and Curtis Smith have refused to repay Defendant Rowles all of the sum loaned to Defendants Kathy and Curtis Smith although Defendants Kathy and Curtis Smith have been given a reasonable time and opportunity to do so. WHEREFORE, Defendant Rowles demands judgment against Defendants Kathy and Curtis Smith in the amount of $70,500.00 together with costs and interest and such other relief as this Honorable Court may deem appropriate under law. COUNT n - UNJUST ENRICHMENT 26. in full. Paragraphs 1 through 25 are incorporated herein by reference as though set forth 27. Defendant Rowles did not provide the sums of money described in Count I and "Exhibits A, C, D and E" to Defendants Kathy and Curtis Smith as a gift or gratuity. 28. Defendants Kathy and Curtis Smith wrongfully obtained benefits from the money that Defendant Rowles provided to them. 29. It would be unconscionable for Defendants Kathy and Curtis Smith to retain the money Defendant Rowles provided to them. 30. Defendants Kathy and Curtis Smith have been unjustly enriched at the expense of Defendant Rowles in the amount of $70,500.00. WHEREFORE, Defendant Rowles demands judgment against Defendants Kathy and Curtis Smith in the amount of $70,500.00 together with costs and interest and such other relief as this Honorable Court may deem appropriate under law. 7 COUNT III - FRADULENT MISREPRESENTATION 31. in full. 32. Defendants Kathy and Curtis Smith represented to Defendant Rowles that all of the money Defendant Rowles loaned to Defendants Kathy and Curtis Smith would be returned to her. Paragraphs 1 through 30 are incorporated herein by reference as though set forth 33. This representation was material to Defendant Rowles' decision to loan Defendants Kathy and Curtis Smith money, and to Defendant Rowles' effort to induce other people to loan money to them. 34. Defendants Kathy and Curtis Smith's representations to Defendant Rowles were fraudulent in that they were intended to induce Defendant Rowles to loan money to Defendants Kathy and Curtis Smith and to cause other people to loan them money, and: a) Defendants Kathy and Curtis Smith knew or believed that these assertions were not in accord with the facts; and/or b) Defendants Kathy and Curtis Smith did not have the confidence that they stated or implied in the truth of their assertions; and/or c) Defendants Kathy and Curtis Smith knew that they did not have the basis that they stated or implied in the assertions. 35. Defendants Kathy and Curtis Smith's assertions were made with actual knowledge of their falsity at the time they were made, or with reckless disregard of their falsity. 36. Defendant Rowles justifiably relied on the misrepresentations of Defendants Kathy and Curtis Smith. L .. 8 37. During the time Defendant Rowles loaned money to Defendants Kathy and Curtis Smith, Defendants Kathy and Curtis Smith knew or should have known that they were misrepresenting facts to Defendant Rowles as explained more fully above. 38. As a result of the misrepresentation of Defendants Kathy and Curtis Smith, Defendant Rowles has suffered damages as more fully stated above. 39. Defendants Kathy and Curtis Smith's actions as stated above are outrageous, malicious, wanton, reckless, willful and oppressive in nature. WHEREFORE, because of Defendants Kathy and Curtis Smith's fraudulent misrepresentations as stated above, Defendant Rowles demands judgment against Defendants Kathy and Curtis Smith as follows: a. the amount of $70,500.00; b. Together with costs and interest; c. Attorney fees; d. Punitive damages; and e. Such other relief as this Court may deem appropriate and just under the law. COUNT IV - FALSE IMPRISONMENT 40. in full. Paragraphs 1 through 39 are incorporated herein by reference as though set forth 41. On four separate occasions, Defendants Kathy and Curtis Smith caused Defendant Rowles to be falsely imprisoned at Defendants Kathy and Curtis Smith's house for a number of days or weeks at a time. L 9 . . 42. On these occasions, Defendants Kathy and Curtis Smith told Defendant Rowles that Defendant Rowles must not leave Defendants Kathy and Curtis Smith's house under order of a Judge in Philadelphia. 43. Defendant Rowles was informed by Defendants Kathy and Curtis Smith that if she left Defendants Kathy and Curtis Smith's house she would be put in jail or fmed. 44. Defendant Rowles left Defendants Kathy and Curtis Smith's house during the fIrst imprisonment to take her son to work. Defendant Kathy Smith then notifIed Defendant Rowles that a picture had been taken of Defendant Rowles by investigators when she had left the house. 45. Defendant Kathy Smith stated that a "judge" from Philadelphia fmed Defendant Rowles $800 for leaving Defendants Kathy and Curtis Smith's house. Defendant Rowles was told she had to pay the fIne within two days or else she would be imprisoned. 46. Defendant Kathy Smith told Defendant Rowles to give Defendant Kathy Smith the $800 and she would give it to the "judge." Defendant Rowles paid the $800 to Defendant Kathy Smith. 47. Defendants Kathy and Curtis Smith also threatened Defendant Rowles that if she left the house again the "judge" would imprison her. 48. Defendant Rowles felt that she could not leave Kathy and Curtis Smith's house. 49. Defendants Kathy and Curtis Smith acted to intentionally confine Defendant Rowles within boundaries fixed by Defendants Kathy and Curtis Smith. 50. Defendants Kathy and Curtis Smith's acts directly resulted in the confinement of Defendant Rowles. 10 51. Defendant Rowles was aware of her confinement and was threatened with imprisonment or being fined if she left Defendants Kathy and Curtis Smiths house. WHEREFORE, Defendant Rowles demands judgment against Defendants Kathy and Curtis Smith in excess of the jurisdictional limit together with costs and interest and such other relief as this Honorable Court may deem appropriate under law. COUNT V - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 52. Paragraphs 1 through 48 are incorporated herein by reference as though set forth in full. 53. Defendants Kathy and Curtis Smith wrongfully obtained $70,500.00 from Defendant Rowles causing her to declare bankruptcy. 54. Defendants Kathy and Curtis Smith induced Defendant Rowles to unwittingly participate in a scheme that has resulted in legal action against her. 55. Defendants Kathy and Curtis Smith falsely imprisoned Defendant Rowles within Defendants Kathy and Curtis Smiths' house by threat of imprisonment and/or fme on four different occasions and for weeks at a time. 56. Defendants Kathy and Curtis Smith caused Defendant Rowles' relationship with many family members and friends to deteriorate to the point where some of her family will no longer speak to her. 57. Defendant Rowles suffers from Multiple Sclerosis and, due to the actions of Defendants Kathy and Curtis Smith, had many occasions on which her symptoms would worsen due to the intentional or reckless actions of Defendants Kathy and Curtis Smith. 58. Defendants Kathy and Curtis Smith's actions were extreme and outrageous. L 11 59. Defendants Kathy and Curtis Smith intentionally or recklessly caused Defendant Rowles severe emotional distress. 60. Defendants Kathy and Curtis Smith inflicted severe emotional distress upon Defendant Rowles. WHEREFORE, Defendant Rowles demands judgment against Defendants Kathy and Curtis Smith in excess of the jurisdictional limit together with costs and interest and such other relief as this Honorable Court may deem appropriate under law. Respectfully submitted, Date:-& ,Ir ~/oh ~ /Step . e E. Chertok, Esquire Supreme Court LD. 52651 Andrew H. Shaw, Esquire Supreme Court LD. 87371 61 West Louther Street Carlisle, P A 17013 (717) 249-1177 Attorneys for Plaintiffs 12 VERIFICATION I verify that the statements made in this Complaint of Defendant Kathryn M. Rowles Against Additional Defendants Kathy Jean Smith and Curtis Smith are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. I~t/~ ;6?~/ Kathryn , . Rowles EXHIBIT B SHERIFF'S RETURN - REGULAR . . CASE NO: 2006-02084 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BLACK GARY L ET AL VS ROWLES KATHRYN M STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT JOINING ADDL was served upon SMITH KATHY JEAN the ADD'TL DEFEND. , at 1115:00 HOURS, on the 20th day of June at 265 LINCOLN STREET CARLISLE, PA 17013 , 2006 by handing to KATHY JEAN SMITH a true and attested copy of COMPLAINT JOINING ADDL together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 4.40 .39 10.00 .00 32.79 Sworn and Subscibed to before me this day of So Answers: ~~~~~ R. Thomas Kline 06/21/2006 STEPHANIE CHERTOK By: ~~&L eputy Sheriff A.D. '~ ~ ~ - ~ .~ .- ;.!.~.... - - - ....,jjiii; -~e1 ,- :3 ~ ~;~ .~ - "'~""j! - ;;; ~ ~ - ....tii ,- - 41!!'!1 .1 ...... .-; ~ "-""t';l! - ~ ~ -":'jj ~ ~ ---. SHERIFF'S RETURN - REGULAR CASE NO: 2006-02084 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BLACK GARY L ET AL VS ROWLES KATHRYN M STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT JOINING ADDL was served upon SMITH CURTIS the ADD'TL DEFEND. , at 1115:00 HOURS, on the 20th day of June at 265 LINCOLN STREET CARLISLE, PA 17013 , 2006 by handing to ADULT IN CHARGE KATHY JEAN SMITHr a true and attested copy of COMPLAINT JOINING ADDL together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscibed to before me this day of So Answers: ..- ~.J'~, ~#. ~/ A! - .:....'. ':""~':":'~"""",i'-~-''''/''' ~. ..;-""'" 4"~~'~-f'i!:"'t-' ,.......... "''''.''''''''''''''..n;../1 ~ , .' R. Thomas Kline 06/21/2006 STEPHANIE CHERTOK By: Deputy Sheriff A.D. "... - ~ ~ ,~ :~ -- ~ _..~~ - ~ ........,... - .........~ - ~..,":I:.:lt,: - --- - - -- ~ :ii ... iI :.~~ ....~ --",:b - ','."'!!ll ~ - - , ._~ ....... ::; ..,.".~ .'-r ~ - "'~1 "'~~tll>lo - ;a -"J: '"'l"~~ ~ .,....... STEPHANIE E. CHERTOK, ESQ. PA Supreme Court ID: 52651 61 W. Louther Street Carlisle, P A 17013 (717) 249-1177 ANDREW H. SHAW, ESQ. PA Supreme Court ID: 87371 61 W. Louther Street Carlisle, P A 17013 Attorneys for Defendant GARY L. BLACK and CONNIE P. BLACK, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VB. : NO. 06-2084 KATHRYN M. ROWLES, Defendant : CIVIL ACTION - LAW V. : JURY TRIAL DEMANDED KATHY JEAN SMITH and CURTIS SMITH Defendant CERTIFICATE OF SERVICE I, Cindy L. Hriba1, Esquire, do hereby certify that a true and correct copy of Defendant Rowles' Petition to Strike off Discontinuance in the above-captioned matter has been served upon the following persons on the /31J::t day of July, 2006, via fIrst-class U.S. Mail, postage prepaid. Kathy Jean and Curtis Smith 265 Lincoln Street Carlisle, P A 17013 Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, P A 17055 (717) 697-8528 Respectfully Submitted, --I . \ GARY L. BLACK and CONNIE P. BLACK, Plaintiffs v. KATHRYN M. ROWLES, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 06-2084 CIVIL TERM IN RE: PLAINTIFFS' MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND THE PRODUCTION OF DOCUMENTS ORDER OF COURT AND NOW, this 11th day of July, 2006, upon consideration of the attached letter from Keith O. Brenneman, Esq., attorney for Plaintiffs, the discovery conference previously scheduled for August 10, 2006, is cancelled. Keith O. Brenneman, Esq. 44 West Main Street Mechanicsburg, PA ~/7oSt) Attorney for Plaintiffs Stephanie E. Chertok, Esq. 61 West Louther Street Carlisle, P A 17013 Attorney for Defendant Kathy Jean Smith Curtis Smith 265 Lincoln Street Carlisle, P A 17013 :rc BY THE COURT, . ~ '7-/:3-0(.. ~ C)-. ..., :.... ! ~ j :.' \. , SNELBAKER 8 BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG. PENNSYLVANIA 17055 RICHARD C. SNELBAKER KEITH O. BRENNEMAN 717-697-8528 P. O. BOX 318 FACSIMILE (717) 697-7681 July 7,2006 The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Black v. Rowles No. 06-2084 Civil Term Dear Judge 01er: Your calendar should reflect that a discovery conference in the above matter is scheduled to be held before you on Thursday, August 10,2006 at 3:00 p.m. I write to advise 'you that on July 7, 2006 I filed a Praecipe discontinuing the Plaintiffs action pursuant to Pa.R.C.P. 229(a). Accordingly, I write to advise the Court that there is no need for the discovery conference noted above since it arose due to the filing of a Motion to Compel filed by the Plaintiffs. Thank you for your consideration. Yours truly, l!~ Keith O. Brenneman KOB/sm CC: Stephanie E. Chertok, Esquire Mr. and Mrs. Gary L. Black Jean Smith and Curtis Smith \ (J 'l.C\)Q j~\.. - /' STEPHANIE E. CHERTOK, ESQ. PA Supreme Court ID: 52651 61 W. Louther Street Carlisle, PA 17013 (717) 249-1177 ANDREW H. SHAW, ESQ. PA Supreme Court ID: 87371 61 W. Louther Street Carlisle, PA 17013 Attorneys for Defendant GARY 1. BLACK and CONNIE P. BLACK, PENNSYLVANIA Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, v. : NO. 06-2084 KATHRYN M. ROWLES, Defendant : CIVIL ACTION - LAW v. : JURY TRIAL DEMANDED KATHY JEAN SMITH and CURTIS SMITH Defendant NOTICE OF PETITION TO STRIKE OFF DISCONTINUANCE UNDER Pa.R.ep. 229(c) TO: Connie and Gary Black c/o Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, P A 17055 You are hereby notified that Defendant Kathryn M. Rowles will be filing a Petition to Strike off the Discontinuance as to the Additional Defendants that the court may grant in order to protect the rights of any party from unreasonable inconvenience, vexation, harassment, expense, or prejudice. Date: 7 j;'3.} J. ~~ ""Step me E. hertok, Esq. Supreme Court LD. 52651 Attorney for Plaintiffs - ~ STEPHANIE E. CHERTOK, ESQ. PA Supreme Court ID: 52651 61 W. Louther Street Carlisle, PA 17013 (717) 249-1177 ANDREW H. SHAW, ESQ. PA Supreme Court ID: 87371 61 W. Louther Street Carlisle, PA 17013 Attorneys for Defendant GARY L. BLACK and CONNIE P. BLACK, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-2084 KATHRYN M. ROWLES, Defendant : CIVIL ACTION - LA W v. : JURY TRIAL DEMANDED KATHY JEAN SMITH and CURTIS SMITH Defendant CERTIFICATE OF SERVICE I, Cindy L. Hribal, Esquire, do hereby certify that a true and correct copy of the Notice of Petition to Strike Off Discontinuance Under Pa. R.C-P. 229(c) in the above-captioned matter has been served upon the following persons on the I ?,7Jf: day of July, 2006, via first-class U.S. Mail, postage prepaid. Kathy Jean and Curtis Smith 265 Lincoln Street Carlisle, P A 17013 Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, P A 17055 (717) 697-8528 Respectfully Submitted, ~ .... (") C,-', -, \.,:::.- c- ... ,.. . STEPHANIE E. CHERTOK, ESQ. PA Supreme Court ID: 52651 61 W. Louther Street Carlisle, P A 17013 (717) 249-1177 ANDREW H. SHAW, ESQ. PA Supreme Court ID: 87371 61 W. Louther Street Carlisle, P A 17013 Attorneys for Defendant GARY L. BLACK and CONNIE P. BLACK, PENNSYLVANIA Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, v. : NO. 06-2084 KATHRYN M. ROWLES, Defendant : CIVIL ACTION - LAW v. : JURY TRIAL DEMANDED KATHY JEAN SMITH and CURTIS SMITH Defendant NOTICE OF PETITION TO STRIKE OFF DISCONTINUANCE UNDER Pa.R.C.P. 229(c) TO: Kathy Jean and Curtis Smith 265 Lincoln Street Carlisle, P A 17013 You are hereby notified that Defendant Kathryn M. Rowles will be filing a Petition to Strike off the Discontinuance as to the Additional Defendants that the court may grant in order to protect the rights of any party from unreasonable inconvenience, vexation, harassment, expense, or prejudice. Date: 7 J;3job Step anie E. Chertok, Esq. Supreme Court J.D. 52651 Attorney for Plaintiffs - " . STEPHANIE E. CHERTOK, ESQ. PA Supreme Court ID: 52651 61 W. Louther Street Carlisle, P A 17013 (717) 249-1177 ANDREW H. SHAW, ESQ. PA Supreme Court ID: 87371 61 W. Louther Street Carlisle, P A 17013 Attorneys for Defendant GARY L. BLACK and CONNIE P. BLACK, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-2084 KATHRYN M, ROWLES, Defendant : CIVIL ACTION - LAW v. : JURY TRIAL DEMANDED KATHY JEAN SMITH and CURTIS SMITH Defendant CERTIFICATE OF SERVICE I, Cindy L. Hribal, Esquire, do hereby certify that a true and correct copy of the Notice of Petition to Strike Off Discontinuance Under Pa. R.C-P. 229(c) in the above-captioned matter has been served upon the following persons on the ---1 sW day of July, 2006, via first-class U.S. Mail, postage prepaid. Kathy Jean and Curtis Smith 265 Lincoln Street Carlisle, P A 17013 Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, P A 17055 (717) 697-8528 Respectfully Submitted, ... . ,\ ,1 ,-I. ,!.\ ,r"; ("" GARY L. BLACK and CONNIE P. BLACK, Plaintiffs v. KATHRYN M. ROWLES,: Defendant and KATHY JEAN SMITH, and CURTIS SMITH, Additional Defendants .... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 06-2084 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of July, 2006, upon consideration of Defendant's Petition To Strike off Discontinuance under Pa. R.C.P. 229(c), a Rule is hereby issued upon Plaintiffs and Additional Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. ~ith O. Brenneman, Esq. 44 West Main Street Mechanicsburg, PA 17055 Attorney for Plaintiffs ftephanie E. Chertok, Esq. ~ Andrew H. Shaw, Esq. 61 West Louther Street Carlisle, PA 17013 Attorneys for Defendants BY THE COURT, J. ^ ~ , I::).... --.... K o - ,-, "~'J . .:/ j ~ ; , ,~" ~I' 1'1 ,. I "rr D,:':1, " ',U 'U ;, <) 'i' ,:JiJ~ .;Kathy Jean Smith Curtis Smith 265 Lincoln Street Carlisle, P A 17013 Additional Defendants pro Se :rc ... . ~ '" ._" GARY L. BLACK and CONNIE P. BLACK, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-2084 CIVIL KATHRYN M. ROWLES, Defendant CIVIL ACTION - LAW v, : JURY TRIAL DEMANDED KATHY JEAN SMITH and CURTIS SMITH PLAINTIFFS' RESPONSE TO RULE RE: PETITION TO STRIKE OFF DISCONTINUANCE Plaintiffs Gary L. Black and Connie P. Black, by their attorneys, Snelbaker & Brenneman, P. C., submit this Response to the Rule issued by Order of Court dated July 18, 2006 with respect to Defendant's Petition to Strike Off Discontinuance as follows: L Defendant Rowles notes in Paragraph 7 of her Petition to Strike Off Discontinuance that she does not object to the discontinuance of the Plaintiffs' action against Defendant Rowles. 2. Plaintiffs have no objection to the Discontinuance being stricken to the extent the discontinuance relates to the claims by the Defendant against the Additional Defendants. SNELBAKER & BRENNEMAN, P. C. (~ BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiffs LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Date: July 26, 2006 f""" ......." CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Plaintiffs' Response to Rule to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Stephanie E. Chertok, Esquire 61 W. Louther Street Carlisle, P A 17013 Kathy Jean Smith Curtis Smith 265 Lincoln Street Carlisle, PA 17013 SNELBAKER & BRENNEMAN, P.e. ~ By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiffs Gary L. Black and Connie P. Black Date: July 25, 2006 LAW OFFICES SNELBAKER 8: BRENNEMAN. P.C. (I. .-' -;:: ~';.,- :"~", ;--- c.--: (...1 -- ::: ." STEPHANIE E. CHERTOK, ESQ. P A Supreme Court ill: 52651 61 W. Louther Street Carlisle, P A 17013 (717) 249-1177 CINDY L. HRIBAL, ESQ. PA Supreme Court ID: 202325 61 W. Louther Street Carlisle, P A 17013 Attorneys for Defendant GARY L. BLACK and CONNIE P. BLACK, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-2084 KATHRYN M. ROWLES, Defendant : CIVIL ACTION - LA W v. : JURY TRIAL DEMANDED KATHY JEAN SMITH and CURTIS SMITH Defendant MOTION TO ENTER ORDER TO STIKE OFF DISCONTINUANCE OF THE CIVIL ACTION AGAINST ADDITIONAL DEFENDANTS KATHY JEAN AND CURTIS SMITH 1. Plaintiffs, Gary L. Black and Connie P. Black, initiated this action against Defendant Kathryn M. Rowles by Complaint on April 13, 2006. 2. On or about May 5,2006, Defendant Rowles flIed an Answer to Plaintiff's Complaint. 3. On or about June 16,2006, Defendant Rowles flIed a Complaint adding Kathy Jean Smith and Curtis Smith as Additional Defendants in the above-captioned case. 4. On or about July 7, 2006, Plaintiffs flIed a Praecipe to Discontinue their case against Defendant Rowles. 5. On or about July 14,2006, Defendant Kathryn M. Rowles flIed a Petition to Strike off Discontinuance Under Pa. R.C.P. 229(c) as to Additional Defendants Kathy Jean and Curtis Smith. Petition to Strike off Discontinuance is attached hereto and incorporated by reference herein as "Exhibit A." 6. On or about July 18,2006, The Honorable J. Wesley Oler, Jr. issued a Rule to Show Cause why Defendant's Petition to Strike off Discontinuance should not be granted. Rule to Show Cause is attached hereto and incorporated by reference herein as "Exhibit B." 7. A response to the Rule to Show Cause was to be flIed with the court within twenty (20) day of service of the Rule. 8. On or about July 26,2006, Plaintiffs flIed Plaintiffs' Response to Rule Re: Petition to Strike off Discontinuance in which they stated they had no objection to the Discontinuance being stricken as to Additional Defendants Kathy Jean and Curtis Smith. Plaintiffs' Response to Rule Re: Petition to Strike off Discontinuance is attached hereto and incorporated by reference herein as "Exhibit C." 9. Additional Defendants, Kathy Jean and Curtis Smith, have not flIed a response to the Rule to Show Cause. 10. Thirty-three (33) days have passed since the issuance of the Rule. WHEREFORE, Defendant Rowles respectfully requests that: (a) the above-captioned action against Additional Defendants Kathy Jean and Curtis Smith is not discontinued; (b) Defendant Rowles shall take the position of "Plaintiff' and Additional Defendants Kathy and Curtis Smith shall take the position of "Defendants"; (c) Defendant Rowles is granted leave to amend the facts of her Complaint accordingly; and (d) Defendant Rowles is granted leave to amend the caption of her Complaint to reflect the change in the status of the parties. Respectfully Submitted By: Date: '8! d o/t0G Step anie hertok, Esquire Supreme 000 LD. #52651 Cindy L. Hribal, Esquire Supreme Court LD.# 202325 61 West Louther Street Carlisle, P A 17013 (717) 249-1177 Attorneys fur Derendant EXHIBIT A STEPHANIE E. CHERTOK, ESQ. PA Supreme Court ID: 52651 61 W. Louther Street Carlisle, P A 17013 (717) 249-1177 ANDREW H. SHAW, ESQ. PA Supreme Court ill: 87371 61 W. Louther Street Carlisle, P A 170 13 Attorneys for Defendant GARY L. BLACK and CONNIE P. BLACK, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA r--~_) v. : NO. 06-2084 ::::J KATHRYN M. ROWLES, Defendant : CIVIL ACTION - LA W 7:'" v. : JURY TRIAL DEMANDED c:: KATHY JEAN SMITH and CURTIS SMITH Defendant PETITION TO STRIKE OFF DISCONTINUANCE UNDER Pa.R.C.P. 229( c) 1. Plaintiffs, Gary L. Black and Connie P. Black, initiated this action against Defendant Kathryn M. Rowles by Complaint on April 13, 2006. 2. On or about May 5, 2006, Defendant Rowles filed an Answer to Plaintiffs Complaint. 3. On or about June 16,2006, Defendant Rowles filed a Complaint adding Kathy Jean Smith and Curtis Smith as Additional Defendants in the above-captioned case. Defendant Rowles' Complaint is attached hereto and incorporated by reference herein as "Exhibit A." 4. On or about July 7, 2006, Plaintiffs filed a Praecipe to Discontinue their case against Defendant Rowles. 5. In Defendant Rowles' Complaint against Additional Defendants, she alleged not only that Additional Defendants Kathy and Curtis Smith were liable over to Plaintiffs should Defendant Rowles be found liable to Plaintiffs, but also that Additional Defendants Kathy and Curtis Smith were directly liable to Defendant Rowles on separate but related causes of action. 6. Defendant Rowles requests that this action not be discontinued as to herself and Additional Defendants Kathy and Curtis Smith. 7. Defendant Rowles does not object to the discontinuance of Plaintiffs action against Defendant Rowles. 8. Defendant Rowles requests to be put in the position of Plaintiff in her action against Additional Defendants Kathy and Curtis Smith and that the Smiths are put in the position of Defendants. 9. Additional Defendants Kathy and Curtis Smith will not be unduly prejudiced or surprised if the action against them is not discontinued as they have already been served with the Complaint and any and all pleadings that were exchanged between Plaintiffs and Defendant Rowles. The Sheriff's Return of Service is attached hereto and incorporated by reference herein as "Exhibit B." 10. To require Defendant Rowles to re-file her Complaint against Additional Defendants Kathy and Curtis Smith would force Defendant Rowles to incur the additional costs of service and filing. 11, To require Defendant Rowles to re-file her Complaint against Additional Defendants Kathy and Curtis Smith would cause undue delay and prejudice against Defendant Rowles. WHEREFORE, Defendant Rowles respectfully requests that this action not be discontinued as to Defendant Rowles and Additional Defendants Kathy and Curtis Smith, that Defendant Rowles is now Plaintiff and Additional Defendants Kathy and Curtis Smith are now Defendants, and that Defendant Rowles is granted leave to amend the facts of her Complaint accordingly. Respectfully Submitted By: Date: 7 /t~}f:, Ste anie E. Chertok, Esquire Supreme Court LD. #52651 Andrew H. Shaw, Esquire Supreme Court I.D.# 87371 61 West Louther Street Carlisle, P A 17013 (717) 249-1177 Attorneys for Defendant EXHIBIT B GARY L. BLACK and CONNIE P. BLACK, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA W KATHRYN M. ROWLES, : Defendant and KATHY JEAN SMITH, and CURTIS SMITH, Additional Defendants NO. 06-2084 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of July, 2006, upon consideration of Defendant's Petition To Strike off Discontinuance under Pa, R.C.P. 229(c), a Rule is hereby issued upon Plaintiffs and Additional Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, , tltJ L- .Y /) J. ~sley Oler, 'it., . J. Keith O. Brenneman, Esq. 44 West Main Street Mechanicsburg, PA 17055 Attorney for Plaintiffs Stephanie E. Chertok, Esq. rew H. Shaw, Esq. 1 West Louther Street Carlisle, P A 17013 Attorneys for Defendants Kathy Jean Smith Curtis Smith 265 Lincoln Street Carlisle, P A 17013 Additional Defendants pro Se :rc EXHIBIT C GARY L. BLACK and CONNIE P. BLACK, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-2084 CIVIL KATHRYNM. ROWLES, Defendant : CIVIL ACTION - LA W v. : JURY TRIAL DEMANDED KATHY JEAN SMITH and CURTIS SMITH PLAINTIFFS' RESPONSE TO RULE RE: PETITION TO STRIKE OFF DISCONTINUANCE Plaintiffs Gary L. Black and Connie P. Black, by their attorneys, Sne1baker & Brenneman, P. C., submit this Response to the Rule issued by Order of Court dated July 18, 2006 with respect to Defendant's Petition to Strike Off Discontinuance as follows: 1. Defendant Rowles notes in Paragraph 7 of her Petition to Strike Off Discontinuance that she does not object to the discontinuance of the Plaintiffs' action against Defendant Rowles. 2. Plaintiffs have no objection to the Discontinuance being stricken to the extent the discontinuance relates to the claims by the Defendant against the Additional Defendants. SNELBAKER & BRENNEMAN, P. C. (~ BY: Keith 0, Brenneman, Esquire 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiffs LAW OFFICES SNELBAKER & 3RENNEMAN, P.C. Date: July 26, 2006 LAW OFFICES SNELBAKER Be BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Plaintiffs' Response to Rule to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Stephanie E. Chertok, Esquire 61 W. Louther Street Carlis1e, PA 17013 Kathy Jean Smith Curtis Smith 265 Lincoln Street Carlisle, PA 17013 SNELBAKER & BRENNEMAN, P.C. ~ Date: July 25, 2006 STEPHANIE E. CHERTOK, ESQ. P A Supreme Court ID: 52651 61 W. Louther Street Carlisle, P A 17013 (717) 249-1177 CINDY L. HRIBAL, ESQ. P A Supreme Court ID: 202325 61 W. Louther Street Carlisle, P A 17013 Attorneys for Defendant GARY L. BLACK and CONNIE P. BLACK, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 06-2084 KATHRYN M. ROWLES, Defendant : CIVIL ACTION - LAW v. : JURY TRIAL DEMANDED KATHY JEAN SMITH and CURTIS SMITH Defendant CERTIFICATE OF SERVICE I, Cindy L. Hribal, Esquire, do hereby certify that a true and correct copy of the Motion to Continue Civil Action Against Additional Defendants Kathy Jean and Curtis Smith in the above-captioned matter has been served upon the following persons on the a ~.J::L. day of August, 2006, via first-class U.S. Mail, postage prepaid. Kathy Jean and Curtis Smith 265 Lincoln Street Carlisle, P A 17013 Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, P A 17055 (717) 697-8528 Respectfully Submitted, (') C -". '""C' ':'...... ri; ~'~': -;.;> ~.~.. ~,--"",,: <-<' i"--- (/~ ~-;.. ~ ~,' ( (- ..?: :< r-.,) gg C7"' ".. C G? N N o -n :r n1 :!J -oh1 -"'6 ~:-:""" (j .~.j -, ''1'-, i"\:d :7 C) c')m ;:-l 1) -< -0 :x en CO €I a.V STEPHANIE E. CHERTOK, ESQ. PA Supreme Court ID: 52651 61 W. Louther Street Carlisle, PA 17013 (717) 249-1177 CINDY 1. HRI , PA Supreme Court ID: 202325 61 W. Louther Street Carlisle, PA 17013 Attorneys for Defendant 9002 C Z 9nv 1303'H " GARY 1. BLACK and CONNIE P. BLACK, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Vi. : NO. 06-2084 KATHRYN M. ROWLES, Defendant : CIVIL ACTION - LAW v. : JURY TRIAL DEMANDED KATHY JEAN SMITH and CURTIS SMITH Defendant ORDER AND NOW, this ~ day of August, 2006, upon consideration of Defendant Rowles' Motion to Enter Order to Strike Discontinuance of the Civil Action Against Additional Defendants Kathy Jean and Curtis Smith, it is hereby Ordered and Decreed that: (a) the above-captioned action against Additional Defendants Kathy Jean and Curtis Smith is continued; (b) Defendant Rowles shall take the position of "Plaintiff' and Additional Defendants Kathy and Curtis Smith shall take the position of "Defendants"; (c) Defendant Rowles is granted leave to amend the facts of her Complaint accordingly; and (d) Defendant Rowles is granted leave to amend the caption of her Complaint to reflect the change in the status of the parties. ~ b uJ;::: c.~c:: ~~~~: 6o~ wCl- -'LU U:iE ~ \ ro - "'r- :a: ~ ::)..::'( )'7 -"'''7 <.J~ j ".~-' ~ ''",. I 0- b.J </> "'" = = "" , (1) --/ <.....:... -;,~ Lw,,;" d.1 '"", 3 - ____________________n_____ . ' BY THE COURT: '{o'-P ff.\j ~ .. .At STEPHANIE E. CHERTOK, ESQ. P A Supreme Court ID: 52651 61 W. Louther Street Carlisle, P A 17013 (717) 249-1177 CINDY L. HRIBAL, ESQ. P A Supreme Court ID: 202325 61 W. Louther Street Carlisle, P A 17013 Attorneys for Defendant KATHRYN M. ROWLES Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-2084 KATHY JEAN SMITH and CURTIS SMITH Defendants : CIVIL ACTION - LA W : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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 South Bedford Street Carlisle, P A 17013 (717) 249-3166 .. . /' STEPHANIE E. CHERTOK, ESQ. P A Supreme Court ID: 52651 61 W. Louther Street Carlisle, P A 17013 (717) 249-1177 CINDY L. HRIBAL, ESQ P A Supreme Court ID: 202325 61 W. Louther Street Carlisle, P A 17013 Attorneys for Defendant KATHRYN M. ROWLES Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-2084 KATHY JEAN SMITH and CURTIS SMITH Defendants : CIVIL ACTION - LA W : JURY TRIAL DEMANDED A VISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe toma accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona 0 por abogado y presentar en 1at Corte por escrito sus defensas 0 sus objeciones alas demandas en su contra. Se Ie avisa que si no se defIenda, el caso puede pro ceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificacion por cualquier otra queja 0 compensacion reclamados por e1 Demandante. lJSTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORT ANTES PARA US TED. LLEVE EST A DEMANDA A UN ABOGADO INMEDIAT AMENTE. SI USTED NO TIENE 0 NO CONOCES UN ABOGADO, VA Y A 0 LLAME A LA OFICINA EN LA DIRECCION ESCRIT A ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 2 \. . STEPHANIE E. CHERTOK, ESQ. PA Supreme Court ID: 52651 61 W. Louther Street Carlisle, P A 17013 (717) 249-1177 CINDY L. HRIBAL, ESQ. P A Supreme Court ID: 202325 61 W. Louther Street Carlisle, P A 17013 Attorneys for Defendant KATHRYN M. ROWLES Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-2084 KATHY JEAN SMITH and CURTIS SMITH Defendants : CIVIL ACTION - LA W : JURY TRIAL DEMANDED AMENDED COMPLAINT OF PLAINTIFF KATHRYN M. ROWLES AGAINST DEFENDANTS KATHY JEAN SMITH AND CURTIS SMITH I. Plaintiff Kathryn M. Rowles is an adult individual residing at 339 Garland Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendants Kathy Jean Smith and Curtis Smith, husband and wife, are adult individuals residing at 265 Lincoln Street, Carlisle, Cumberland County, Pennsylvania. 3. Beginning in June of2002, Plaintiff loaned Defendants various amounts of money which Defendants orally agreed to pay back. 4. Plaintiff loaned Defendants these amounts at the specific oral request of the Defendants. 5. Plaintiff loaned Defendants various amounts of money in the form of cash and checks. Cancelled checks are attached hereto and incorporated by reference herein as "Exhibit A." 3 \ .. 6. In order to comply with Defendants' demands for money, Plaintiff and her husband obtained advances on her husband's paycheck and advances against his life insurance policy. Paycheck advance receipts are attached hereto and incorporated by reference herein as "Exhibit B." Receipts from life insurance advances are attached hereto and incorporated by reference herein as "Exhibit C." 7. In addition, Plaintiff was persuaded to obtain money from family members and friends to comply with Defendants' demands for money. 8. Defendants not only promised to repay the amount given to them from Plaintiff but also promised additional items would be given to Plaintiff for loaning Defendants this money. 9. The total sum loaned by Plaintiffto Defendants from June 2002 through and including August 15,2003 was $70,500.00 10. On or about August 31, 2004, Plaintiff contacted Detective Ronald Egolf of the Carlisle Police Department to inform him of the money Defendant had taken from Plaintiff, and the pretenses under which it was taken. 11. On or about August 31, 2004, Detective Ronald Egolf launched a full criminal investigation against Defendants which resulted in Defendant Kathy Smith being charged with theft by deception from Plaintiff. 12. On March 7, 2006, Defendant Kathy Smith pled nolo contendre to theft by deception at Defendant's scheduled criminal trial. 4 \ . 15. Defendant Kathy Smith was sentenced on April 25, 2006 and ordered to make restitution to Plaintiff in the amount of $9,000.00 with the possibility of jail if she fails to make monthly payments. 16. Legal action has been brought against Plaintiff due to Defendants not returning money borrowed from third persons. Such legal action has since been dismissed. COUNT 1 - BREACH OF CONTRACT 17. Paragraphs 1 through 15 are incorporated herein by reference as though set forth in full. 18. Beginning in June of 2002, Plaintiff loaned Defendants various amounts of money which Defendants orally agreed to pay back. 19. Plaintiff loaned Defendants these amounts at the specific oral request of Defendants. 20. Plaintiff loaned Defendants various amounts of money in the form of cash and checks. Cancelled checks are attached hereto and incorporated by reference herein as "Exhibit A." 21. In order to comply with Defendants' demands for money, Plaintiff and her husband obtained advances on her husband's paycheck and advances against his life insurance policy. Paycheck advance receipts are attached hereto and incorporated by reference herein as "Exhibit B." Receipts from life insurance advances are attached hereto and incorporated by reference herein as "Exhibit C." 5 " . 22. In addition, Plaintiff was persuaded to obtain money from family members and friends to comply with Defendants' demands for money. 23. Defendants not only promised to repay the amount given to her from Plaintiff but also promised additional items would be given to Plaintiff for loaning Defendants this money. 24, The total sum loaned by Plaintiff to Defendants from June 2002 through and including August 15,2003 was $70,500.00 25. Other than the $9,000 restitution Defendant Kathy Smith has been ordered to pay, Defendants have refused to repay Plaintiff the entire sum loaned to Defendants although Defendants have been given a reasonable time and opportunity to do so. WHEREFORE, Plaintiff demands judgment against Defendants in the amount of $70,500.00 together with costs and interest and such other relief as this Honorable Court may deem appropriate under law. COUNT II - UNJUST ENRICHMENT 26, set forth in full. Paragraphs 1 through 25 are incorporated herein by reference as though 27. Plaintiff did not provide the sums of money described in Count I and "Exhibits A, C, D and E" to Defendants as a gift or gratuity. 28. Defendants wrongfully obtained benefits from the money that Plaintiff provided to them. 29. Despite numerous requests, Defendant's have failed and refused to return the money that Plaintiff provided to them. 6 , ,. 30. It would be unconscionable for Defendants to retain the money Plaintiff provided to them. 31. Defendants have been unjustly enriched at the expense of Plaintiff in the amount of $70,500.00. WHEREFORE, Plaintiff demands judgment against Defendants in the amount of $70,500.00 together with costs and interest and such other relief as this Honorable Court may deem appropriate under law. COUNT 111- FRADULENT MISREPRESENTATION 31, Paragraphs 1 through 30 are incorporated herein by reference as though set forth in full. 32. Defendants represented to Plaintiff that all of the money Plaintiff loaned to Defendants would be returned to her. 33. This representation was material to Plaintiffs decision to loan Defendants money, and to Plaintiff s effort to induce other people to loan money to them. 34. Defendants' representations to Plaintiff were fraudulent in that they were intended to induce Plaintiff to loan money to Defendants and to cause other people to loan them money, and: a) Defendants knew or believed that these assertions were not in accord with the facts; and/or b) Defendants did not have the confIdence that they stated or implied in the truth of their assertions; and/or 7 '- . c) Defendants knew that they did not have the basis that they stated or implied in the assertions. 35. Defendants' assertions were made with actual knowledge of their falsity at the time they were made, or with reckless disregard of their falsity. 36. Plaintiff justifIably relied on the misrepresentations of Defendants. 37. During the time Plaintiff loaned money to Defendants, Defendants knew or should have known that they were misrepresenting facts to Plaintiff as explained more fully above. 38. As a result of the misrepresentation of Defendants, Plaintiff has suffered damages as more fully stated above. 39. Defendants' actions as stated above are outrageous, malicious, wanton, reckless, willful and oppressive in nature. WHEREFORE, because of Defendants' fraudulent misrepresentations as stated above, Plaintiff demands judgment against Defendants as follows: a. the amount of $70,500.00; b. together with costs and interest; c. Together with costs and interest; d. Attorney fees; e. Punitive damages; and f. Such other relief as this Court may deem appropriate and just under the law. 8 . \ COUNT IV - FALSE IMPRISONMENT 40. Paragraphs 1 through 39 are incorporated herein by reference as though set forth in full. 41. On four separate occasions, Defendants caused Plaintiff to be falsely imprisoned at Defendants' house for a number of days or weeks at a time. 42. On these occasions, Defendants told Plaintiff that Plaintiff must not leave Defendants' house under order of a "Judge in Philadelphia". 43. Plaintiff was informed by Defendants that if she left Defendants' house she would be put in jailor fined. 44. Plaintiff left Defendants' house during the first imprisonment to take her son to work. Defendant Kathy Smith then notified Plaintiff that a picture had been taken of Plaintiff by investigators when she had left the house. 45. Defendant Kathy Smith stated that a "judge" from Philadelphia fined Plaintiff $800 for leaving Defendants' house. Plaintiff was told she had to pay the fIne within two days or else she would be imprisoned. 46. Defendant Kathy Smith told Plaintiff to give Defendant Kathy Smith the $800 and she would give it to the "judge." Plaintiff paid the $800 to Defendant Kathy Smith. 47. Defendants also threatened Plaintiff that if she left the house again the "judge" would imprison her. 48. Plaintiff felt that she could not leave Kathy and Curtis Smith's house. 9 t ~ 49. Defendants acted to intentionally confine Plaintiff within boundaries fIxed by Defendants. 50. Defendants' acts directly resulted in the confinement of Plaintiff. 51. Plaintiff was aware of her confInement and was threatened with imprisonment or being fined if she left Defendants' house. WHEREFORE, Plaintiff demands judgment against Defendants in excess of the jurisdictional limit together with costs and interest and such other relief as this Honorable Court may deem appropriate under law, COUNT V - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 52. Paragraphs 1 through 48 are incorporated herein by reference as though set forth in full. 53. Defendants wrongfully obtained $70,500.00 from Plaintiff causing her to declare bankruptcy. 54. Defendants induced Plaintiffto unwittingly participate in a scheme that has resulted in legal action against here, whereby individuals, whom Defendant had Plaintiff recruit, sued Plaintiff for the money they also loaned to Defendants. 55. Defendants falsely imprisoned Plaintiff within Defendants' house by threat of imprisonment and/or fIne on four different occasions and for weeks at a time. 56. Defendants caused Plaintiff relationship with many family members and friends to deteriorate to the point where some of her family will no longer speak to her. 10 ~ r 57. Plaintiff suffers from Multiple Sclerosis and, due to the actions of Defendants, had many occasions on which her symptoms would worsen due to the intentional or reckless actions of Defendants. 58. Defendants' actions were extreme and outrageous. 59. Defendants intentionally or recklessly caused Plaintiff severe emotional distress. 60. Defendants inflicted severe emotional distress upon Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendants in excess of the jurisdictional limit together with costs and interest and such other relief as this Honorable Court may deem appropriate under law. Respectfully submitted, Date: q A%ro Ste an' Supre ourt J.D. 52651 Cindy 1. Hribal, Esquire Supreme Court LD. 202325 61 West Louther Street Carlisle, P A 17013 (717) 249 - 1177 Attorneys for Plaintiff 11 .. VERIFICA nON I verify that the statements made in this Amended Complaint of Plaintiff Kathryn M. Rowles Against Defendants Kathy Jean Smith and Curtis Smith are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifIcation to authorities. ~fr,(J( )(2tp Kathryn M owles 12 r EXIlIBlrr A KATHRYNM. ROWLES 339 GARLAND DRIVE P,H. 717-243.,6384 CARLISLE, pA ~17013 ~' 7005 ~ I" t ~:~e , ,{:;;:y'~4< 4/~. J .... -z .;~ \61. 7.1" 1',4., . ../'. ,?ie:J /F . .' ~U,q:./ #-""I_...:1..a~:i';~:;A48; /-t~Z~-U'-i ':'1, Do~ars m M&TBank ~..~' '.~!'C~~~iED;;~tt;~,-'" ;' '. . ;~ou. 6t\ ,"~\!L '.r, ( ~ ~~~~~~TroMConp~.i ,> '~, Noble BouieVord Office rii 60-295/313 ~' 4334 . I' $, S(JO.{J tJ For '--J ~;:",: It'/./;::/~y r.<" ..,.1."1; . . . .... .'. -1 ~<.. + ..,...,,3~V~~/,~1-l~- " ,...................,..~ DODO I; 553B "'111760 5 /:i"ODOD(J50DO'O~'.~_ KATHRYN M.~OWLES " 339 .GARLAND.DRIVE PH, 717-243-6384 CARLISLE, PA'17013 .. Qf!i70/ 70,20 -",' .......': -......,-.:..,.-.-..- .:,", -,,- -' , -": .. .--........,.. ......_,." -', ....... .,- . ." .' ',.. ,..' . '. .'. .,... . '.' ..., . . .60:-295/313 pate. ~Y.,q/~t1-Z.'" ",-'- - .-" '::, ..... .-- -.- .--.. ,.' ",-' -< ',- -', Paytothe/\</" ...'... .><> ... ."......, ,'.... ..'. '.."..'... .... .'... / .'.. Order of " '.... .'. '..'. .' .,' ,... ;-.-.cjjji11l~i:t/;h~.'. h74eo / $ 1100, OtJ .,11I M8irBank , ..,~ ~~~TroMC~_ ' Noble Boulev8-d Office . Dollars ,~ "'~~ -~.... For I: 0 j * j 0 211 5 51: ~.,.~..., .':-c". ", . ',. .. .... ...,...."'.,..~...,.,.......,'.."..,.". . '. . . . . . . . c.. . . _ . ., .. ..,.,....., '...... ,... .. . ", '.. ,>. ' " ",M'. DOOO~.55ja.~n....o 2 b ..:"':00 DO 1.'0000'" OC?iQ~Amuican ~...=~"""""'"=...,,.,,....,,,..=--"'~ GUAROlANeSAFETY BWE WElL Paytothe Order of For 1:03.j02115 --,'I Dollars ~ :...~_ 'I fuOOOb55*~~0:.1 r! ~~~~Com~y Noble Boulevard Office ~Cll1rkl! ~mftriam GUAFl:DI~SAFETY BLUE W8L KATHRYN M. ROWLES 339 GARLAND DRIVE PH. 717-243-6384 CARLISLE, PA 17013 Pay to the Ordel:'1 ~/1tL r! ~!~~~ Noble Boulevord Office ()O 7033 'I D I) v ~.... .Yo, a~0-2S5/313 ate~~~', 4334 $ liS, ad A s-mtyr..tur.. ill ~~ba:l< For I:O~ *~O 211551: ...... A~~ 00001;5 5 ~B ...,,1 ?o1~,"oOOOO . . 5no.,i C&ril:e.4nerictrlJ r KATHRYN M. ROWLES 339 GARLAND DRIY~ J~'?--l,17~i3~:~~h CARLISLE, PA 170't-3+'~ ,,--~~.~ -' .' - " .. "" ~" , . 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Dollars 6] Noble Boulevard Office ~{~}fN.{};::,,;:i:r--. ;~ ~~~i: :(;/'[:1("" ~' :;::::?/i. -~..;..:," ;DDDD~55~~DO'~ For .""'-':,';.1-'_._ .>',', I: 0 :. . :. 0 2 11 5 51: Ciet~ri<~ I"imBtcnn GUARDIANl!lSAFETY BLUEWBL- KATHRYN M.ROWLES 339 GARLAND DRIVE PH. 717-243-6384 CARLISLE, PA17013 " rI M&TBank MlnulJl;1Ullrs amllllderslnJJ1 CompallY figh Street-carisle Office For ':0 ~ . ~O 2 Ii 551: 6, ~l ;1 F.;; W' !l!i ~. ffii ":1 ,.) "I ~I""""! ~:,~:::~'" II ':,1 "I 'I ,] ~~I Douh ~ "'" ':ij l" ._-~~''''.zn< _ ,J /"t.:.~- 'C -...,,,. -'_,,<=..o~~'!':'''-'~~; 1:+ I~i I~ Ri ~I "I G . . . '.' - -.' - . - . .;><~.......... ~~~~~~e ~:'..~~r /,., .'./>. . .,741.,',.~ 'r:<;~ . :'l~e-'-'</' ,. '.' '~", ,'III M&TBa.Dk ' (;;J _'"' andTrlders TruSt Company , Iigh Str~.-cmsle Dffice ' .1/ '[ ?a1~*<'~~1/$f31 \. ',', ,.'.,....,"...,',$ 3 oc) I 00 II ~D/ ----.~".. '...Dollars6]=1: J /~. '.. 1:03'. aD 211 551: ',',',- - .' " . , , .tJOOU~(S 5.38"'"170 .cearkeAmmral1 ! , ' I I ~i' ,! .~ . n. " '_";.;'_. - ',. " . --. ",'__coc.__.-:......" __'_._... "--'--: ,-;',-, . ',' - - - . " ,. --j 1010 60-295/313 80Z . '/) /' // ._-~~~~~~--~ i2. ?8111 .0.0 1110000035000111 / v .._- ------- ----,--.~ ,- -.--,....-....7"" -~-~----~i_~__.. Pay to the Order of 5'50 G 'f 7097 r 'i ~I I -'-I -....... D....~_. ' KATHRYN M. ROWLES 339 GARLAND DRIVE PH. 717-243-6384 CARLISLE, PA 17013 ~~ /..../Q ?'360-Z95/313 Date.. ~V.I'~ 4319 ' / r !1 M!!d~~~ High Street-Corisle Dffice $ 4tJ,00 For 1:03.30211551: _-&~~ OOOO~5538"'"~~ l~oOOOOO~OOOI OGa'KeAmu'/ct:tn ~5i'~'i .. ?J' ;1 . ',' ..,.. ...' ...,.-/ . .... O/,,-,ji0-295/313 Date...;- -c-.d1.,,<-r:<>C/~ : 6,)4319 ,"~'. . .. . I d..,.. 'I /; $, I' {.._ . J )!J ,60 Dollars'ffi $.J!>0~ ( f~~Y-<-p L.~:-7S~:,=Lc~~ j 2f7BT,1..O. l.,'OOOOO j 5000." L/ .... .~! 7094 I~i 60-295/313 802 ~':"'" .,~ ^i."::,:'::,:>::^ :;:,->':;.".-<,",-. '. ';-,;:'-:'-,'.-'.-,,,.-:.,.'.- - .!S JOHN A; ROWLES 339 GARLAN6iDRN~i2277 CARLISLE, PA17013-4230 1017 3iO:14:'~"'fi7. ~,fO 7~ ,Date .11- ~t:03 ( $ r3~oP 60-295/313 802 For (J,0l '. ./? 3"~~~ '''' ~----'---'-----~,"-,_,""",'C'~,"__",~_~" KATHRYN M. ROWLES 339 GARLAND DRIVE PH. 717-243-6384 CARLISLE, PA 17013 -I 6[ ,I ,/ I 'I tD ~='7: I I I ) I I 7123 Date 7'I~7f iJ5 " '/ 60-295/313 4319 $ ;( -s-;, cJc:J Dollars m ~!!i~s~Dm lfigh Street-c.rJisle Office ~~d~ 0000 b 55 l8 '-till? ~~'='Z.:tOo00002 500." For ':0 l .lo 2g 5 51: CGarl<e,.tlrnerlCo:ltl GUAAD1AN!)SAFETY SLUe WBL .' ." 3;5Jb \ />)/ .,'/<-:> l;~ DateL ~--:-YU ,,,) tJ ,) [' / / # V b~~:~e _,~AU l I $ //:l.f[;c:1) ~ . 'U ....Jf .[1</, y /.;/ ,:.<;- " /( '/_....A:~/~-:;~(.'f-. 1ft M&TBank ./;<!- ~:;:::~:;;~:campony, " ." ( i )~C, 'di 7~7 ,~ '," .,.f!j~, , )5fC! l..~( ", ", .If)' For ..'....,> .'....'............~.' .. ,.C/, ,,!r-./;t-f...'l/,'.dP~, . , , . .,' I', ..,. I DUOOb5538t.u17. aig",oooo.. 2 500111 KATHRYN M. ROWLES 339 GARLAND DRIVE PH. 717c243-6384 CARLISLE, PA 17013 7129 60-295/313 4319 Dollars trJ .=: GUARDl~SAFETY BLUE WBL OCJQrlmllnwrimn ~, I ! ; ,):';'->,.,:_:,;J<::.~;<" ~ ._c C"'C I,,,.,:, ",-.'_,-.''';', .. ",' i:o ,:::-.'t"j,-;; ::',:<_:_<::,~,:: '':::,'-'-':-::'-:,'-:,:.'.,' '.i40099O'Hn. ~~EJ4,' {.2'~2.' , 339 GARLAND DRIVE ' , , CARLlSLE,pA '170134230 C::5'Z9 ", . .", 1 026 riat,~~ ~s .~'''''~: .." ~' ~$J'c;O /~t!:J " m==:J ! i '< ~ " For 1110000030000111 Ii.=- "',-",,",.__~N__~'''; :,.....,.,.~".-,. ,'- , "'X,: :~~i.':;-~::"~ .~... " .JOHN A. ROWLES 339 GARLAND DRIVE CARLISLE, PA 1,7013-4230 60-295/313 802 E ~ ~ t iJ ~, ,ffi- -: Se.lIflIY ltltur~~ '" : ",.'iicl.rled. ~ De'.:n.onl:ie:k. K~D. Flnmoial Bank. N.A. ...- / . ,/' ,,' _ /'7' ~7" ; 0--/' '<;Z~'~~ ". "~'. ~>./',~~?, . ( . . rIP 1..2:;i--.--_.~-----~.. . ..._~ I. ., Bill .0.... 3 11'000008 .000," 1:03.3029551: '\ KATHRYN M. ROWLES "I 339 GARLAND DRIVE PH. 717c243-6384 I CARLISLE, PA170,13 7140 ~':~i -Ill! ~I' !i IIi ~: .1 Ii "1 ~: ~i ;),tJ?J I 60-295/313 4319 fJi ',: Pay to the , ,[ Order of :1 I \ ;\ -I '\ $ ttJO.oO Dollars ~i A -~.J::- "I l!J -~onbaC~ . rI ~!t~~ ligh Street-Carlisle Ollie. , .1&..., .~. DDDD!; 5~ .=~i~OD bU;b;i~ For 1:0:l. :lOe [j 551: '" JOHN A. ROWLES O:tD0453Z5310 14 :t i. 339 GARLAND DRIVE CARLISLE, PA 17013 'payrothe',">rc:U-~"~""7> ...,.. , 'Qrderof(41'j;(0/4> . ~tL~~ ~ ,,'~..--: r ,',.,'-,;.., " : - ':':"/",~ ,:'-~/-< __;~~, ~::;".'-'-:_~,<,L?-'~~_<< '--','- ': ".'_'7.:'.' >: - ::-,' ~, :~-:~_" :.- ,,_~ :,_ -,_', _' .'. ,_.':~ ~~#Lq_:;~e;6/ .~~ ,', ~..;J", 1ft M&TB,inli/ ' (;;J _1lId_Troll.l1ompl/1y , 'Noble Boulevord 0IIici! , " , , . - - -, - - '. - " " "." . . ""'.11'...".,' ."" .,..,. ...,'",.. ,." ..'.., .. -' .' - - " - - - . /,".. ,"...' . ." .,' " . ." .,',<..,'. ,<:<,'...1,/ >> ,.,'<.~ii~}J4ttdl,y. ,',. .', ...' .'.......--7'.,.. '.}t.~.'dj!z*%'. " ~<~ . ..~ /; " ..P>.". ~...LV..4'_~"~r.''''''..:.i' ."..",.'.. '.,......"."",'.,',......,../p;i 'r! M!!JlltI!!' ,'.:6%:'."'-" >: .1'~' " , . ;CRi , Noble Boulevard 0IIici! '.1r/ J.I '~,'I ;/}1 '",; -J.JiL&t,YIULJt_i2tJ!H.:!~___!!! 0000 bSS~8 L.lllbt 57,110000022500,1' .i , ~, For .:0 ~ .~ '~02g 55.: e.C1~rkl! AmeriCDIn GUARDIAN!lSAFETY BLUE WBL. ~I i KATHRYN M. ROWLES " 6952 ii I ,~339 GARLAND DRIVE PH. 717-243-6384 ~ ~: 'I ~;; PA '}q ~ Daoo $1~~:v~~~ I ~I ILL, ~---Lt./L~",. ?bh&o ,. Dollars ,tD=1: ,'i j r!~~lf..~ ' ..:."o,/"C.'. oLJ ; L:;O~::~S'SI: ;, OOOOb ~~~. ] , KATHRYN M.ROWLES ~39GARLAND DRIVE PH. 717-243-6384 CARLISLE, PA 17013 Date a.Hu)ltJ/()~ 6951 60-295/313 4334 $/g~ ,00 tD '~~ .....~- i . i~~4'L/~ DODO b.5 5 ~B L,III b ~r5. .iIOoooo..a ~oDlil GUARDIAM!lSAFETY BLUE WBL ~'=c'='~"';:""'-~~''';''''"'7~<^''''~-~''-'-'''''='-,.,,;:~:==i'=":"_'''''''-o--,,''c''''''~-',-~'''''''''''';---',--,,"~'-'-..,...__~___-_ '" ,'..,... . /" .' . '. , ' ..'. . 6959', D~tJ,~fflJi)(tytf~.~,.';l~ For .-t'... '..... ':,~t;'_i;,~'1.l.!.L'02,'{4,"'.: ./1',." L ..........',',',... .',.....,..,2'..,.. '......,_.~,'~., ','......./~...fj, ,'.7.,..,...,....,.........,..... " '~,. ,..'. ,,''-/'" . . -". . ". .. - ,. . .'.. . - - . .. - . . . . . /\;<" . .~/<" ~ ODD!; 553 B I,"'!; 5'1.,' q 0000'25000." 6958 60~295/313 4334 !1 !!!!l~~ Noble Boulevord Offioe Dollars tD ~~ For -:0 ~ . ~O 2 g 5 5-: ; .....'t.:.ilf...'--t-. =::/.,:...;: <,;t': ~',c)~A 0000 b 5 5 ~B L,III b ~10000 7 L,0001,1 L. CGQ~.4merican GUARDIANeSAFETY BLUE WBL KATHRYN M. ROWLES 339 GARLAND DRIVE PH. 717.243-6384 CARLISLE, PA 17013 _ () 6960 ,I /,1 1 /! Date /t!cI;;:?~17/v;i- 60.29S~~~ b~~~~~e~l/btl'l,~t;~bb / $~orJd -r' '. '. .! / Ii .. C~/" ...."...... dZ)!.& 4-dief "-.~..-.., ._.~._p'--~ // / h:I Dollars tD 0:..""':'_ -;):8 - I !1 ~~~~ . ~~;~~;; , ,'r~: ' '''Jl5i!4 / ,J..';.....i.',.1 , ~ /11, 'I ' ',4<<" M' For 1/!w!;!,;;. . .;., c1~"' '"'; .'r --- 1:0 ~ . ~O 2 g 5 51: 0000b5 5 ~B L,III tJ~ bOll'oOOOoo 5000,11 .' I KATHRYN M. ROWLES I~ . ~:R~~~~~ ~~~~; PH. 717-243-6384 - , o. . ""il .~: 6971 :~j :~; m M!![~~ Noble IloIlIav1rd Office DatetJ~/d3l)" 60-295/313 4334 l~ I~! ml ~. ~i ~ tl ~l i 11..Fot !~I:Oi~302C1 551: I~, r~' c'".,..~~, i0, IH j~i .$ Ijf} , aD tn ~'4""~'~"" , ,. ...'. . '.' ..,... ..... .', ' '. . M> ' .;. ..00bOb 5 ~3B~-"'......9?~"booD ollb DO,'' . .KATHRYNM. ROWLES ..' .... ,'., , 339 GARLANDDRIVE PH. 717-243-'6384 , CARLISLE; PA1l013 GUAAOIAN/!lSAFETY BLUE WBL .~~~~~~e.'.;;".;~~~~~i:i."~.'.',.'....~..~. :~~.1~>~?i ..=- .l~~~i&< ./ '" ~~ F;; 0 > ~ > 0~1f~'S;~;;.': oboo ~S S~i'bO:():r~oo~" .'...' , '. .', ' ' . " 6964 , . _.. J.. . . . . , . .....'iDatBiOp~A/'~~.6>~,.,6o-295~~~.., I ~/ ' ./ //-0 /' > Dollars .tn -- -- ....~- -''1ri<..~n 6976 6D-295/313 4334 Dollars tn -- ~~~ !1 M!!~!~ Noble BouleVllrd Ollie. ~ooob~~()o~" For 1:0:i ~:i0 2C1 5 51: CQlarKerllmuican GUARCI~SAFETY BLUE W8l , . , KATHRYN M. ROWLES 339 GARLAND DRIVE PH. 717-243-6384 CARLISLE, PA.17013;'20027764 31:Q14 6980 /J , , i B~~~GBB/5> v';;;, 60-295/313 4334 Pay to the /1 .-<l, //' .-/-/ / Order of vAU7~ ~V4Jv..A/€,/ ~,.J ,f' :.-J:""- I' ' ,,'<k.~,/.iu ~i"" -"~'~-""-'-'--'~" !1 ~~~!!! Noble Boulevlrd Office ? ;9 ,,/,l t:-c , //#t7 $ t,cJ .ct) <' Dollars ~-121 =-:: For 1:0:1 ~:10 2C1 5 51: V;;;ti~ \ '~ OOOOb 5 5~8~L.'~~~ C1-~~ I"OOOO-OO~OOD~'I .' .--...- ~- ""if' 7008 I~ KATHRYN M. ROWLES , '339 GARLAND DRIVE PH. 717-243-6384 CARLISLE, PA 17013 DatP~~--k4./-~ #). 60-295~~~: v " b~:;~e . . i~~~.? $ jOM]O! ~~~/~'7! y~~~.. ~W~DOllarsffi ~.! ,...,f!1l...0.!l"B'a "nk' '. ' ""'J '.'" ,,'c' '.':,' .0 .'> ~:' :.;~C: " .I.Y.LCX.I. L':jf) :::)!f:'FL j; ~ ,;Ji i" ~ ManufacIJ!.... and 1I1l!!!! Trull company .il For ----- . .. ... /~.. .~~ .~.. 0000 b 55 i18 ~II' ?~"OOOOO iI 0000." . GUAROIANe SAFETY BLUE WBl . ~~ i For I . ~ 'I C1(!/a,.q~OIn V, l';- PayMne .~ ~ Ordero! . ff.. '. . . 2L#' -/~d- 'C/.","'""..',....", c,>,JIIM&TBank"',' . . ~ """'1IClUII"lIId_TrustC"",pony tigh Street-l:irfisleDffice .f For . -:03130 2 CiS 51: 'r/JI/~"J1~;1 rP/J .," ........ ~Lrr~ 000085538 ....'1. '? ~8a 11'00000 20000111 Payrotne .. .. .... ~ Orde~o~AA~-><~\A/.t III M&TBank (;;I-..rsandTfIlIe"TrustCDlTIPony tigh Street..c.risle Office 7J '--.J..A. A'4 60-295/313 Date (./'//.t:,.1jf/,/.A'Lb 7Jl/..../ 4319 11 L ~~/~ q- I .4 ./ GUAA01AfnlSAFETY BLUE WSL ~G"rke Amerio:<:ln KATHRYN M.ROWLES 339 GARLAND DRIVE PH. 717-243-6384 CARLISLE, PA ,17013 , Dollars For · 1:03. 302g 551: / , /~,..",. "~ 4. . .o/{~ ~~~-j~~;~--~ 00008 5S 38....".7, O. .,11000007DOOO;'~ .' " 00000315000,1' GUARDIANeSAFETY BLUEWBl CGarkeAmenctl'n EXIlIBl'f B -----= . BankWest, lnc, P.O. Box 998 Pierre, SD 57501 April 3, 2003 10:03 AM Customer Receipt # 53750002826 *Check Redeemed for Cash* Agreement No. 53750000703 Check # 7124 Due Date: 04/03/2003 Advance Amount $350.00 Total fee charged 59.50 Sub-total $409.50 Payments To Date 0.00 Refund due 0.00 AMOUNT DUE CASH RECEIVED $409.50 420.00 CHANGE $10.50 Signature: ~~~J~' ,~4,/ Ka . ryn Rowles 53750000186 Cash Drawer #: 1 User 10: mlwoods POLICY NOTICE: Customers may not receive another loan for at least three (3) days following repayment of their tenth (10th) consecutive transaction. PLEASE NOTE: NCAS of Pennsylvania, LLC, d/b/a Advance America is not affiliated with BankWest, Inc., Pierre, South Dakota, and did not make or approve this loan. A payday loan is intended to be a short-term financial management tool. As a result, the cost may be higher than for longer-term alternatives offered by other financial institutions. . .,. BankWest, Inc, P.O. Box 998 Pierre, SO 57501 May 3, 2003 11:18 AM " Customer Receipt # 53750003622 *Check Redeemed for Cash* Agreement No. 53750000873 Check # 7132 Due Date: 05/03/2003 Advance Amount $350,00 Total fee charged 59.50 Sub-total $409.50 Payments To Date 0.00 Refund due 0.00 AMOUNT DUE CASH RECEIVED $409.50 410.50 Signature: CHANGE $1.00 ,4 "</~~ Kathry#OWleS 53750000186 Cash Drawer #: 2 User ID: mewagner POLlCY NOTICE: Customers may not receive another loan for at least three (3) days following repayment of their tenth (10th) consecutive transaction. PLEASE NOTE: NCAS of Pennsylvania, LLC, d/b/a Advance America is not affiliated with BankWest, Inc., Pierre, South Dakota, and did not make or approve this loan. A payday loan is intended to be a short-term financial management tool. As a result, the cost may be higher than for longer-term alternatives offered by other financial institutions. .' BankWest, Inc. P.O. Box 998 Pierre, SD 57501 June 6, 2003 11:03 AM Customer Receipt # 53750004438 *Check Redeemed for Cash* Agreement No. 53750001098 Check # 7139 Due Date: 06/03/2003 Advance Amount $350,00 Total fee charged 59.50 Sub-total $409.50 Payments To Date 0.00 Refund due 0.00 AMOUNT DUE CASH RECEIVED $409.50 410.00 CHANGE $0,50 Signature: l M~/ ~~/ Ka ryn Rowles 53750000186 Cash Drawer #: 1 User 10: mlwoods POLICY NOTICE: Customers may not receive another loan for at least three (3) days fol/owing repayment of their tenth (10th) consecutive transaction. PLEASE NOTE: NCAS of Pennsylvania, LLC, d/b/a Advance America is not affiliated with BankWest, Inc., Pierre, South Dakota, and did not make or approve this loan. A payday loan is intended to be a short-term financial management tool. As a result, the cost may be higher than for longer-term alternatives offered by other financial institutions. ---- .' BankWest, Inc. P.O. Box 998 Pierre, SD 57501 August 4, 2003 3:33 PM Customer Receipt # 53750006433 *Check Redeemed for Cash* Agreement No. 53750001659 Check # 7176 Due Date: 08/01/2003 Advance Amount $350.00 Total fee charged 59,50 Sub-total $409.50 Payments To Date 0,00 Refund due 0,00 AMOUNT DUE CASH RECEIVED $409.50 410.00 CHANGE $0,50 Signature: ~~WI~ 53750000186 Cash Drawer #: 1 User ID: srshipp POLlCY NOTICE: Customers may not receive another loan for at least three (3) days following repayment of their tenth (10th) consecutive transaction. PLEASE NOTE: NCAS of Pennsylvania, LLC, d/b/a Advance America is not affiliated with BankWest, Inc., Pierre, South Dakota, and did not make or approve this Joan. A payday loan is intended to be a short-term financial management tool. As a result, the cost may be higher than for longer-term alternatives offered by other financial institutions. ~ BankWest, Inc. P.Q, Box 998 Pierre, SD 57501 April 11 , 2003 5:04 PM Customer Receipt # 53750003057 *Check Redeemed for Cash* Agreement No, 53750000771 Check # 1025 Due Date: 04/11/2003 Advance Amount $550.00 Total fee charged 93.50 Sub-total $643.50 Payments To Date 0.00 Refund due 0.00 AMOUNT DUE CASH RECEIVED $643.50 650.00 Signature: CHANGE $6.50 (I~,U~ ( .~ f" "'\ '-.' ,./~/ John Rowles ' t.../ 53750000191 Cash Drawer #: 2 User 10: mewagner POLICY NOTICE: Customers may not receive another Joan for at least three (3) days following repayment of their tenth (10th) consecutive transaction. PLEASE NOTE: NCAS of Pennsylvania, LLC, d/b/a Advance America is not affiliated with BankWest, Inc., Pierre, South Dakota, and did not make or approve this loan. A payday loan is intended to be a short-term financial management tool. As a result, the cost may be higher than for longer-term alternatives offered by other financial institutions. ". .' BankWest, Inc. P.O. Box 998 Pierre, SO 57501 April 25, 2003 11:13 AM Customer Receipt # 53750003385 *Check Redeemed for Cash* Agreement No. 53750000859 Check # 1032 Due Date: 04/25/2003 Advance Amount $500,00 Total fee charged ~ Sub-total $585.00 Payments To Date 0.00 Refund due 0.00 AMOUNT DUE CASH RECEIVED $585.00 585.00 Signature: CHANGE $0.00 ~R~ //'/ John Rowles {;/I 53750000191 Cash Drawer :#: 1 User 10: crsmith POLICY NOTICE: Customers may not receive another loan for at least three (3) days following repayment of their tenth (10th) consecutive transaction. PLEASE NOTE: NCAS of Pennsylvania, LLC, .d/b/a Advance America is not affiliated with BankWest, Inc., Pierre, South Dakota, and did not make or approve this loan. A payday loan is intended to be a short-term financial management tool. As a result, the cost may be higher than for longer-term alternatives offered by other financial institutions. ~- BankWest, Inc. P.O. Box 998 Pierre, SD 57501 May 9, 2003 5:14 PM Customer Receipt # 53750003771 *Check Redeemed for Cash* Agreement No, 53750000950 Check # 1044 Due Date: 05/14/2003 Advance Amount $550.00 Total fee charged 93.50 Sub-total $643.50 Payments To Date 0.00 Refund due 0.00 AMOUNT DUE CASH RECEIVED $643.50 645.00 CHANGE John Rowles 53750000191 Signature : Cash Drawer #: 2 User 10: mewagner POLICY NOTICE: Customers may not receive another loan for at least three (3) days following repayment of their tenth (10th) consecutive transaction. PLEASE NOTE: NCAS of Pennsylvania, LLC, d/b/a Advance America is not affiliated with BankWest, Inc., Pierre, South Dakota, and did not make or approve this loan. A payday loan is intended to be a short-term financial management tool. As a result, the cost may be higher than for longer-term alternatives offered by other financial institutions, - ,.. -- . ' BankWest, Inc. P.O. Box 998 Pierre, SO 57501 May 23, 2003 5:51 PM Customer Receipt # 53750004141 *Check Redeemed for Cash* Agreement No. 53750001068 Check # 1048 Due Date: OS/23/2003 Advance Amount $550.00 Total fee charged 93.50 Sub-total $643.50 Payments To Date 0.00 Refund due 0,00 AMOUNT DUE CASH RECEIVED $643.50 650.50 Signature: CHANGE $7.00 ()~:<~ (;/ John Rowles 53750000191 Cash Drawer #: 2 User ID: mewagner POLICY NOTICE: Customers may not receive another loan for at least three (3) days following repayment of their tenth (10th) Consecutive transaction. PLEASE NOTE: NCAS of Pennsylvania, LLC, d/b/a Advance America is not affiliated with BankWest, Inc., Pierre, South Dakota, and did not make or approve this loan. A payday loan is intended to be a short-term financial management tool. As a result, the cost may be higher than for longer-term alternatives offered by other financial institutions. .' BankWest, Inc. P.O. Box 998 Pierre, SD 57501 August 1,2003 5:06 PM Customer Receipt # 53750006349 *Check Redeemed for Cash* Agreement No. 53750001722 Check # 1066 Due Date: 08/01/2003 Advance Amount $500.00 Total fee charged 85.00 Sub-total $585,00 Payments To Date 0.00 Refund due 0.00 AMOUNT DUE CASH RECEIVED $585,00 585.00 CHANGE $0.00 Signature: ~~ (j' John Rowles ' I 53750000191 Cash Drawer #: 2 User ID: crsmith POLICY NOTICE: Custo"mers may not receive another loan for at least three (3) days following repayment of their tenth (10th) consecutive transaction. PLEASE NOTE: NCAS of Pennsylvania, LLC, d/b/a Advance America is not affiliated with BankWest, Inc., Pierre, South Dakota, and did not make or approve this loan. A payday loan is intended to be a short-term financial management tool. As a result, the cost may be higher than for longer-term alternatives offered by other financial institutions. Ba,.;kWest, Inc. P,O, Box 998 Pierre, SO 57501 August 15, 2003 5:03 PM Customer Receipt # 53750006872 *Check Redeemed for Cash* Agreement No, 53750001910 Check # 1073 Due Date: 08/15/2003 Advance Amount $500.00 Total fee charged 85.00 Sub-total $585.00 Payments To Date 0.00 Refund due 0,00 AMOUNT DUE , CASH RECEIVED $585.00 600.00 Signature: CHANGE $15.00 Ok~ r I John Rowles " V' 53750000191 Cash Drawer #: 1 User 10; mlwoods POLICY NOTJCE: Customers may not receive another loan for at least three (3) days following repayment of their tenth (10th) consecutive transaction. PLEASE NOTE: NCAS of Pennsylvania, LLC, d/b/a Advance America is not affiliated with BankWest, Inc., Pierre, South Dakota, and did not make or approve this loan. A payday loan is intended to be a short-term financial management tool. As a result, the cost may be higher than for longer-term alternatives offered by other financial institutions. ----..., .' I BankWest, Inc. P.O. Box 998 Pierre, SO 57501 January 5, 2004 11:02AM Customer Receipt # 53750012242 *Check Redeemed for Cash* Agreement No. 53750003546 Check # 7287 Due Date: 01/03/2004 Advance Amount $350.00 Total fee charged 59.50 Sub-total $409.50 Payments To Date 0.00 Refund due 0.00 AMOUNT DUE CASH RECEIVED $409.50 410.00 Signatwre : CHANGE $0,50 ~~/ ~ ~~4/ Ka ryn RDWI~S ' 53750000186 Cash Drawer # : 1 User 10: mlwoods PLEASE NOTE: Advance America, Cash Advance Centers of Pennsylvania, LLC, d/b/a Advance America d/b/a National Cash Advance is not affiliated with BankWest, Inc., Pierre, South Dakota, and did not make or approve this loan. A payday loan is intended to be a short-term financial management tool. As a result, the cost may be higher than for longer-term alternatives offered by other financial institutions, EXlllBlrr C - ",-,~. r,., -...,.-~ ..i ,-~, i -',>-..;. j / . : . . STATE FARM LIFE INSURANCE COMPANY POLICY NO. LF-0082-6854 Date AUG. 29,'2002 Policy Loan Policy Loan Increase Capitalized Loan Interest Your outstanding loan balance is $14r714.28. Policy loan interest rate is 5.000%. he:, 12-0e-~'C/); P;-;r:L'O in U~3!-IpLEASE DETACH DP"'- HOME OFFICE: BLOOMINGTONr ILLINOIS 61701 Agent 38-2627 Amount $ 700.00 $718.37 $18.37 4LONG PERFORATION . . STATE FARM LIFE INSURANCE COMPANY POLICY NO. LF-0082-6854 Date SEP. 4, 2002 Policy Loan Policy Loan Increase Capitalized Loan Interest Your outstanding loan balance is $14,758.88. Policy loan interest rate is 5.000%. HOME OFFICE: BLOOMINGTON, ILLINOIS 61701 Agent 38-2627 Amount $ 33.00 $44.60 $11. 60 1,3'77 i Fie} 12-062[G1 h,nt(id in us:J(LEASE DETACH DRAFT ALONG PERFORATION . ' STATE FARM LIFE INSURANCE COMPANY POLICY NO. LF-0082-6854 Date MAR. 10, 2003 Policy Loan Policy Loan Increase Capitalized Loan Interest This is the maximum loan value. Your outstanding loan balance is $15,238.04. Policy loan interest rate is 5.000%. HOME OFFICE: BLOOMINGTON, ILLINOIS 61701 Agent 38-2627 Amount $ 261. 80 $629.71 $367.91 ~J1-::477.1 ""', ':2-(jc::'OD: Printed i,-, uspflLEASE DETACH DRAFT ALONG PERFORATION . . STATE FARM LIFE INSURANCE COMPANY HOME OFFICE: BLOOMINGTONr ILLINOIS 61701 POLICY NO. LF-0142-2140 Date AUG. 29,2002 Agent 38-2627 Amount $ 900.00 Policy Loan Policy Loan Increase Capitalized Loan Interest Your outstanding loan balance is $6r114.08. Policy loan interest rate is 6.000%. $910.65 $10.65 <~4-77'( Fie-of ,?-JfC<"Yil Pri::t(,,o in US/'PLEASE DETACH DRAFT ALONG PERFORATION . . STATE FARM LIFE INSURANCE COMPANY HOME OFFICE: BLOOMINGTON, ILLINOIS 61701 POLICY NO. LF-0142-2140 Date SEP. 4, 2002 Agent 38-2627 Amount $ 38.00 Policy Loan Policy Loan Increase Capitalized Loan Interest Your outstanding loan balance is $6,157.86. Policy loan interest rate is 6.000%. $43.78 $5.78 L''.!;'T? - ;-ie',' 2-()0200i ,or, ited in US./?LEASE DETACH DRAFT ALONG PERFORATION . . STATE FARM LIFE INSURANCE COMPANY HOME OFFICE: BLOOMINGTON, ILLINOIS 61701 POLICY NO. LF-0142-2140 Date MAR. 10, 2003 Agent 38-2627 Amount $ 105.07 Policy Loan Policy Loan Increase Capitalized Loan Interest This is the maximum loan value. Your outstanding loan balance is $6,396.01. Policy loan interest rate is 6.000%. $290.49 $185.42 --;7, i',ev.l?-06<,C'Ci Printsci ,n 'Jsr.J?LEASE DETACH DRAFT ALONG PERFORATION . . STATE FARM LIFE INSURANCE COMPANY POLICY NO. LF-0584-6159 Date SEP. 4, 2002 Policy Loan Policy Loan Increase Capitalized Loan Interest This is the maximum loan value. Your outstanding loan balance is $9,478.16. Policy loan interest rate is 6.000%. HOME OFFICE: BLOOMINGTON, ILLINOIS 61701 Agent 38-2627 Amount $ 113.23 $126.30 $13.07 " , Hu. :;-(,,::<o'OC<' Printed ii' u.sJ)LEASE DETACH DRAFT ALONG PERFORATION . . STATE FARM LIFE INSURANCE COMPANY HOME OFFICE: BLOOMINGTON, ILLINOIS 61701 POLICY NO. LF-0584-6159 Date MAR. 10, 2003 Agent 38-2627 Amount $ 312.14 Policy Loan Policy Loan Increase Capitalized Loan Interest This is the maximum loan value. Your outstanding loan balance is $9,959.37. Policy loan interest rate is 6.000%. $592.30 $280.16 ;<j, ,'3"77 - c-os;>r)f;! Pi'!:;:"",! in u,:::)?LEASE DETACH DRAFT ALONG PERFORATION E1{lllBlrr D IVll:!i'1'KU PAGE: 1 INC#: CAR 20041001030 TliJ::!; H.Al<.Klt:lHUKG AK1:!:A POLICE INFORMATION RESOURCE SYSTEM 03/31/05 DT,TM: 2004 10 24 0142 SUN TO: 2004 10 24 (ICRIPINC) RLE1 CARC 142 SUN ~----------------------------------------------------------------------------- PUCR: 1140 STATUS: 0 DT CLEAR: JUV CLEAR: N DIST JUST: 09201 SYNOPSIS: KATHY SMITH SUPPOSIDLY TOOK A LARGE AMOUNT OF CASH FROM KATHRYN ROWLES UNDER FALSE PRETENCE. BIAS MOTIV - ETHNIC: RELIG: RACIAL: SEXUAL: CRIM SCENE SEARCHED: PRINTS TAKEN: N BY: # OF OFFENDERS: 1 PHOTOS TAKEN: BY: WAS THERE A WITNESS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .: N SUSPECT NAME OR GOOD DESCRIPTION.. ....... ..... ...~........... ..... ..: N KNOWLEDGE OF SUSPECT LOCATION. ....... ..... .,. .......... .......... ...: N DESCRIPTION WHICH IDENTIFIES VEHICLE USED BY SUSPECT..... ..... ... ...: N LIMITED OPPORTUNITY FOR SUSPECT TO COMMIT CRIME.............. .... ...: N LIMITED NUMBER OF PERSONS AS POSSIBLE SUSPECTS......... .............: N BELIEF THAT CRIME CAN BE SOLVED WITH REASONABLE INVESTIGATIVE EFFORT: N BELIEF THAT A MAJOR CRIME CAN BE SOLVED BY PUBLICITY.... ..... .... ...: N PRESENCE OF SIGNIFICANT PHYSICAL EVIDENCE TO ID SUSPECT OR ACCUSED..: N PROPERTY WITH CHARACTERISTICSr MARKSr NUMBERS THAT CAN BE TRACED.. ..: N POSITIVE RESULTS FROM A CRIME SCENE EVIDENCE SEARCH FOR PRINTS.... ..: N MODUS OPERANDI: UCR INCIDENT-CRIME-CODES DESCRIPTION #CT 1140 18 3922 A1 THEFT BY DECEP-FALSE IMPRESSION 1 NOFF A/C LOC #PREM SUSP-USE CRIM-ACT WEAP/FORC-USED BIAS 23H C 20 00 N 00 00 00 99 METRO THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM (ICRIPINC) PAGE: 2 03/31/05 RLE1 CARC INC#: CAR 20041001030 DT,TM: 2004 10 24 0142 KATHRYN DOB: ADDR: EMPL: ADDR: M ROWLES REPORTS: 01IC VICT 361122 SS#: 339 GARLAND DR CARLISLE NONE PA 17013 00000 OLN: WANT CHK: VICTIM - CO-OP: Y TYP-INJ: N TAKEN TO: COMM: KAATHY DOB: ADDR: EMPL: ADDR: OLN: COMM: CONNIE JEAN SMITH REPORTS: 01IC SUSP 641022 SS#: 265 LINCOLN CARLISLE NONE ARREST#: 171546038 ST PA 17013 00000 WANT CHK: L BLACK REPORTS: 01IC VICT DOB: 460000 SS#: ADDR: 11 RIDGEWAY DR MECHANICSBURG PA 17013 EMPL: NONE ADDR: 00000 OLN: WANT CHK: VICTIM - CO-OP: Y TYP-INJ: N TAKEN TO: COMM: SHARON DOB: ADDR: EMPL: ADDR: UNK GALBRAITH REPORTS: 01IC VICT 410000 SS#: 224 GARLAND DR CARLISLE NONE PA 17013 00000 OLN: WANT CHK: VICTIM - CO-OP: Y TYP-INJ: N TAKEN TO: COMM: RSA: WF 67 CDS: 4 DJ,CRT APPEAR: 2 RESIDENT STATUS: R HISP: N COON: N PHONE: 717 243 6384 OCCUP: WRK HRS: PHONE: 717 000 0000 COND: MED AID: NOTIFIED KIN: , COR: r DA: RSA: WF 40 CDS: 4 C/F: RESIDENT STATUS: R DJrCRT APPEAR: 2 HISP: N CUBN: N PHONE: 717 245 2702 OCCUP: WRK HRS: PHONE: 717 000 0000 RSA: WF 55 60 CDS: 4 DJrCRT APPEAR: 2 RESIDENT STATUS: N HISP: N COON: N PHONE: 717 796 2242 OCCUP: WRK HRS: PHONE: 717 000 0000 COND: MED AID: NOTIFIED KIN: r COR: r DA: RSA: WF 60 65 CDS: 4 RESIDENT STATUS: R DJrCRT APPEAR: 2 HISP: N COON: N PHONE: 717 249 6403 OCCUP: WRK HRS: PHONE: 717 000 0000 COND: MED AID: NOTIFIED KIN: ,COR: ,DA: METRO THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM (ICRIPINC) PAG~': 3 03/31/05 RLE1 CARC .INC#: CAR 20041001030 DT,TM: 2004 10 24 0142 . ------------------------------------------------------------------------------ ROBERT UNK PAXTON RSA: WM 75 78 ------------------------------------------------------------------------------ REPORTS: 01IC VICT DOB: 270000 SS#: ADDR: 7 RIDGEWAY DR MECHANICSBURG PA 17050 EMPL: NONE ADDR: 00000 OLN: VICTIM - CO-OP: TAKEN TO: WANT CHK: CDS: 5 DJ,CRT APPEAR: 2 RESIDENT STATUS: R HISP: N CUBN: N PHONE: 717 697 5919 OCCUP: WRK HRS: PHONE: 717 000 0000 COND: MED AID: NOTIFIED KIN: , COR: , DA: TYP-INJ: COMM: (ICRIPINC) RLE1 CARC THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM 03/31/05 METRO . P~OO: 4 ) !NC#: CAR 20041001030 DTrTM: 2004 10 24 0142 REPORT NO : 01 IC INITIAL CRIME STATUS: 0 LOC, GRID: REPORT OFF: VEH INFO: ASSIGN OFF: APPROV OFF: CV HANDBK: N SEC SURVEY: N ARREST (S): N FOLLOW UP: A CARLISLE PA 0300 01/20/05 0919 PLAT: SECT: D LIGHT: G WEATHER: C TEMP: 999 F 00/00/00 DUE: 31 BARRY E WALTERS 00/00/00 PCCD V/W FORM: N DOM RELAT FORM: N DEFERR PROSECUT: N DA REQ FOR HEAR: FURTHER ARRESTS: N CRIM SUMMONS: N REC ASSIGN TO: D NCIC CRIM HIST: N GARLAND DR 9 RONALD 00339 L EGOLF INSrOUT: I EXT SIGNED DOC: N STMT / CONFESS: N WARRANT: N CITY PROP DAM: ON 08-31-2004 KATHRYN ROWLES CAME TO THE STATION ALONG WITH HER ATTORNEY AND WANTED TO TELL ME OF A KATHY AND CURTIS SMITH GETTING MONEY FROM HER. MRS ROWLES PROCEEDED TO TELL ME HOW SMITH SWINDLED HER OUT OF APPROX.$70rOOO.00. MRS ROWLES SAID KATHY SMITH WHO IS HER NEICE CAME TO HER APPROX.TWO YEARS AGO AND TOLD HER SHE HAD A COURT CASE ON SUPPORT PAYMENTS AND HER ATTORNEY FOR THIS WAS RONALD TURO. THE CASE WAS THEN TURNED OVER TO THE FEDERAL COURTS BECAUSE THE FATHER OF HER CHILDREN HAD A VERY EXTENSIVE AMOUNT OF ASSETS THAT HE WAS GOING TO INHERIT. SOME OF HIS ASSETS WERE GOING TO BE TURNED OVER TO MRS SMITH INSTEAD OF CASH SUCH AS AN ORANGE GROVE IN FLORIDArA SEEING EYE DOG SCHOOLrAN OIL WELL IN OKLAHOMA.A DIAMOND MINE IN MEXICOrAND A CHEESE FACTORY IN WISCONSIN. SMITH SAID THE REASON TURO COULD NOT HANDLE THIS ANYMORE SINCE BEING TURNED OVER TO THE FEDERAL GOVERNMENT AND A NEW ATTORNEY FIRST NAME UNKNOWN BUT HIS LAST NAME WAS MCGRATH WHO IS AN ATTORNEY AT THE LAW SCHOOL. SMITH TOLD MRS ROWLES DUE TO THE EXTENSIVE LITIGATION SHE WAS UNABLE TO PAY THE ATTORNEY FEES AND ASKED IF SHE COULD BORROW MONEY. OVER THE PAST TWO YEARS MRS ROWLES SAID SHE HAS GIVEN APPROX. $70rOOO.00 TO KATHY SMITH. MRS ROWLES SAID SINCE SHE BELIEVED WHAT KATHY SMITH WAS TELLING HER WHEN MRS ROWLES HAD NO MONEY LEFT SHE WENT TO SOME OF HER FRIENDS AND ASKED IF THEY WOULD GIVE KATHY SMITH MONEY FOR HER LITIGATION. SMITH SAID ONCE EVERY THING WAS DONE SHE WOULD REIMBURSE EVERYONE THAT HAD GIVEN HER CASH. SMITH ALSO TOLD MRS ROWLES SHE WAS GIVING HER A LINCOLN FOR EVERYTHING SHE DID FOR HER AND ALSO ASKED ROWLES IF SHE AND HER HUSBAND WANTED TO MANAGE THE ORANGE GROVE IN FLORIDA FOR HER ONCE SHE GOT IT. DURING THIS TIME FRAME ALSO KATHY SMITH TOLD MRS ROWLES SHE WAS GOING TO ALSO INHERIT $300rOO.00 FROM AN UNCLE WHO HAD RECENTLY DIED. SMITH SAID THERE WAS A FEW CONDITIONS THAT SHE WAS TO DO PRIOR TO INHERITING THE $300,00.00. SMITH TOLD ROWLES SHE HAD TO COMPLETE A MILITARY SCHOOL PRIOR TO COLLECTING THE MONEYrAND SMITH HAD TO PAY FOR THE SCHOOL HERSELF. SMITH TOLD MRS ROWLES SHE WAS GOING TO BE HAVING PRIVATE LESSONS GIVEN TO HER AND SHE WAS GOING TO BE MEETING THE INSTRUCTOR AT THE SUPER 8 MOTEL ON THE WALNUT BOTTOM ROAD. SMITH WOULD HAVE KATHERYN GO TO THE MOTEL GET A ROOM FROM THE MONEY SMITH WOULD GIVE HER AND THEN SHE WOULD COME BACK TO SMITH AND GIVE HER THE KEY. THEN ROWLES WOULD WAIT OUTSIDE THE MOTEL FOR TWO TO THREE HOURS TILL SMITH WOULD COME BACK TO THE CAR FROM HER LESSON. MRS ROWLES SAID THAT ONE TIME WHILE AT THE MOTEL SMITH SAW SOMEONE SHE KNEW AND THEN HAD ROWLES TAKE HER TO THE SUPER 8 MOTEL ON THE CARLISLE PIKE. METRO PA~: 5 ~ "I.NC#: CAR 20041001030 THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM 03/31/05 ( ICRIPINC) RLE1 CARC DTrTM: 2004 10 24 0142 REPORT NO : 01 IC INITIAL CRIME STATUS: 0 THROUGHOUT THIS ENTIRE INCIDENT KATHY SMITH TOLD MRS ROWLES THERE WAS PRIVATE INVESTIGATORS INVOLVED. ALSO SMITH TOLD MRS ROWLES THERE WAS A FEDERAL JUDGE FROM PHILADELPHIA ALSO INVOLVED. SMITH TOLD MRS ROWLES THAT THE JUDGE WAS SEQUESTERING MRS ROWLES AND THAT ROWLES WAS MADE STAY AT SMITHS RESIDENCE. ONE TOME ROWLES STAYED AT SMITHS RESIDENCE ON LINCOLN ST. FOR SIX WEEKS WHICH SHE WAS NOT ALLOWED TO LEAVE THE ENTIRE TIME. THERE WERE OTHER TIMES WHEN SMITH TOLD MRS ROWLES SHE WAS FINED BY THE JUDGE AND SHE HAD TO PAY A FINE. SMITH SAID SHE WAS TO PAY THE FINE DIRECTLY TO HER. I ASKED ROWLES IF SHE EVER SAW ANY TYPE OF PAPERWORK AND SHE SAID NO. ALSO THE JUDGE WHO MRS ROWLES DID NOT KNOW HIS NAME PLACED A GAG ORDER ON ROWLES WHICH SHE NOT ALLOWED TO DISCUSS ANY OF THE INCIDENTS WITH ANYONE. MRS ROWLES SAID SMITH CAME TO HER AND TOLD HER THAT HER DEAD UNCLES MONEY WAS GOING TO BE TURNED OVER TO SMITH ON SEPTEMBER 30THr2004 IN PHILADELPHIA. SMITH SAID THE JUDGE ORDERED MRS ROWLES TO BE IN COURT ON CERTAIN FACTS AND THEN SMITH WOULD BE AWARDED THE MONEY. SMITH TOLD HER A MILITARY TRANSPORT WOULD BE PROVIDING THE TRANSPORTATION FOR HER AND SMITH BUT THIS NEVER OCCURED. MRS ROWLES ALSO TOLD ME THAT KATHY SMITHS HUSBAND CURTIS SMITH WAS SUPPOSED TO BE ON PUBLIC ASSISTANCErBUT WAS BRAGGING TO PEOPLE HE HAD $60,000.00 IN A BANK ACCOUNT. IN TALKING TO MRS ROWLES SHE TOLD ME OF THE OTHER PERSONS THAT SHE KNEW GAVE MONEY TO HER TO GIVE TO SMITH WHICH WAS A SHARON AND WILLIAM GALBRAITH OF 224 GARLAND DRIVE CARLISLEr GARY AND CONNIE BLACK OF 11 RIDGEWAY DRIVE MECHANICSBURG PA,AND A ROBERT AND MARIAN PAXTON OF 7 RIDGEWAY DRIVE MECHANICSBURG PA. AFTER TALKING TO MRS ROWLES I WAS TOLD THAT THE PERSON THAT KATHY SMITH WAS MEETING AT THE MOTELS WAS A ROBERT VOGELSONG WHO RESIDES AT THE FRIENDSHIP FIRE COMPANY LOCATED ON SPRING ROAD CARLISLE. MYSELF AND DET RONNIE NESTER WENT TO THE FIRE HOUSE AND TALKED TO VOGELSONG. VOLGELSONG SAID THAT HE WAS MEETING KATHY SMITH AT THE MOTELS WITHOUT HER HUSBAND KNOWING. HE NEVER HEARD THE REASONS I TOLD HIM THAT ROWLES TOLD ME. VOGELSONG ALSO TOLD ME HE HAD GIVEN SMITH MONEY ALSO. ON 10-14-2004 MRS ROWLES ALONG WITH SHARON AND WILLIAM GALBRAITH CAME TO THE STATION AND WANTED TO TALK TO ME IN REF. TO THE MONEY THEY ALSO GAVE. MRS GALBRAITH GAVE ME A REPORT SHE MADE SHOWING THEY GAVE $8r675.00 TO SMITH IN CASH AND CHECKS. ALSO EACH TRANSACTION WAS SHOWN AND THE DATE THE MONEY AND HOW MUCH WAS GIVEN. THE REASON THE GALBRAITHS GAVE THE MONEY WAS BECAUSE MRS ROWLES TOLD THEM THAT KATHY SMITHS SONS PATERNAL GRANDFATHER HAD DIED AND ALSO SMITHS BIOLOGICAL FATHER HAD DIED. SMITHS SON WAS GOING TO INHERIT VARIOUS KINDS OF BUSINESSES SUCH AS A CAR DEALERSHIPrOIL WELLS AND FOOD BUSINESSES. THERE WERE MANY THINGS THAT STOOD IN THE SONS WAY OF HIS INHERITANCErAND THAT WAS THE REASON SMITH NEEDED THE CASH. AFTER TALKING TO THE GALBRAITHS I RECEIVED A CALL FROM CONNIE BLACK OF 11 RIDGEWAY DRIVE MECHANICSBURG PA. MRS BLACK ALSO GAVE CASH IN THE AMOUNT OF $132,415.00 TO ASSIST KATHY SMITHS SON TO GAIN HIS INHERITENCE. MRS BLACK SAID SHE STARTED TO RECEIVE CALLS FROM MRS ROWLES ASKING FOR MONEY TO HELP KATHY SMITHS SON. EACH TIME MRS BLACK SAID THEY HAD NO MONEY TO HELP HER. METRp THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM (ICRIPINC) P~GE: 6 03/31/05 RLE1 CARC J iNC#: CAR 20041001030 DT,TM: 2004 10 24 0142 REPORT NO : 01 IC INITIAL CRIME STATUS: 0 THEN ON 08-11-2003 THEY FINALLY GAVE ROWLES A CHECK FOR $500.00 WHICH THEY TOOK TO ROWLES. THEN IN AUGUST THEY AGAIN GAVE 2- MORE CHECKS TOTALLING $2/450.00. BLACK SAID AFTER THAT SHE DID NOT HEAR ANYTHING TILL JANUARY 2004/WHICH SHE AGAIN GAVE $625.00 IN CASH. THE MONEY SHE WAS GIVING SMITH AT THE TIME TO FOR THE CASE INVOLVING SMITH VS. MONAHEIGHT CASE #9748 WHICH WAS IN THE FEDERAL COURT SYSTEM. ROWLES PROMISED IF THEY HELPED SMITH THEY WOULD GET ALL THE MONEY BACK PLUS THEIR HOUSE PAID OFF. BLACK AND HER HUSBAND LEFT FOR FLORIDA THE END OF FEBRUARY. WHILE THEY WERE IN FLORIDA ROWLES CALLED AND BLACK AGAIN GAVE $1,320.00. AFTER RETURNING FROM FLORIDA ROWLES AGAIN KEPT CALLING FOR MORE CASH.. BLACK SAID THEY GAVE A TOTAL OF $39/855.00 THRU MAY OF 2004. BLACK THEN TOLD ROWLES SHE WANTED TO MEET KATHY SMITH WHICH SHE NEVER HAD TALKED TO HER PRIOR TO THIS. AFTER MEETING SMITH SMITH THEN STARTED CALLING BLACK STATING SHE NEEDED CASH FOR THE CASE TO ASSIST IN DEEDS SURVEYING BACK TAXES AND TRANSFER DEEDS. SMITH THEN TOLD HER ABOUT ALL OF THE THINGS HER SON WAS GOING TO INHERIT. CONNIE BLACK THEN WAS PROMISED THEY WERE GOING TO BE ASSISTING IN RUNNING BUSINESSES ALONG WITH AN ATTORNEY MCCRAWL. SMITH TOLD MRS BLACK SHE NEEDED THEIR SSN. PHONE NUMBERS OPERATORS LICENSE AND ALL OF THIS INFORMATION WAS GOING TO BE PICKED UP BY A FEMALE BY THE NAME OF "BEV" NO LAST NAME KNOWN TAKEN TO THE CARL BARRICKS AND FAXED TO AN ATTORNEY MCCRAWL. MRS BLACK THEN STARTED TAKING KATHY SMITH AFTER PICKING SMITH UP AT HER RESIDENCE LOCATED AT 265 LINCOL ST. BLACK WOULD THEN TAKE SMITH TO BLACKS BANK AT MEMBERS 1ST WHICH BLACK WOULD WITHDRAWL CASH. SHE THEN GAVE SMITH THE MONEY AND TAKE SMITH TO THE M&T BANK LOCATED ON S.SPG.GDN.STREET. SMITH WOULD GO IN THE BANK AND BLACK THOUGHT SHE DEPOSITED THE MONEY INTO HER ACCOUNT. THEN THE ATTORNEY MCGRAWL OR HIS SECRETARY LISA NEESE WOULD WITHDRAWL THE CASH. AFTER SMITH WAS EXITING THE BANK SHE WAS ON HER CELL PHONE AND BLACK THOUGHT SHE WAS CALLING THE ATTORNEY. MRS BLACK SAID SHE USED FOUR CREDIT CARDS WHICH SHE AND HER HUSBAND MAXED OUT/MORTGAGED A SECOND MORTGAGE ON HER HOME/AND USED ALL OF HER HUSBANDS INHERITENCE HE GOT FROM HIS PARENTS/AND CASHED IN ON INSURANCE POLICIES,AND ALSO CASHED A RETIREMENT INVESTMENT FOR $15/000.00 WHICH THEY TOOK A $1/600.00 PENALTY. AS I WAS TALKING TO MRS BLACK SHE ALSO TOLD ME OF HER MOTHER AND FATHER ROBERT AND MARIAN PAXTON WHO IS HER MOTHER AND FATHER ALSO GIVING MONEY IN THE AMOUNT OF $5,150.00 TO KATHRYN ROWLES. MRS BLACK GAVE ME A PAPER WITH THE DATES CHECK NUMBERS AND THE AMOUNTS OF THE CHECKS. AFTER I TALK TO THE VICTIMS I CONTACTED KATHY SMITH AND ASKED HER IF SHE WOULD COME TO THE STATION. AFTER I TALKED TO MRS SMITH I RECEIVED A CALL FROM MIKE SCHEARER AN ATTORNEY FOR MRS SMITH. MR SCHEARER SAID HE WANTED TO COME TO THE STATION ALONG WITH SMITH. A DATE WAS SET FOR BOTH TO COME TO THE STATION. AFTER ARRIVING AT THE STATION I ASKED KATHY SMITH ABOUT ALL OF THE MONEY SHE GOT FROM PERSONS. SMITH SAID THAT SHE RESEIVED A CALL FROM A LISA MEESE IN VA. MEESE TOLD HER IN ORDER TO GET MONEY SHE WOULD HAVE TO SEND HER MONEY. SMITH SENT HER $800.00. THIS WOULD GET THE BUSINESSES FROM EARNIE MONHEIT AND OTHER ASSETS. METRQ THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM (ICRIPINC) PA~: 7 03/31/05 RLE1 CARC ~ ~NC#: CAR 20041001030 DTrTM: 2004 10 24 0142 REPORT NO : 01 IC INITIAL CRIME STATUS: 0 I ASKED WHICH BANKS SHE HAD ACCOUNTS WITH AND SHE SAID M&T AND MEMBERS 1ST. I TOLD SMITH IN FRONT OF HER ATTORNEY I WAS GETTING SEARCH WARRANTS FOR HER BANK RECORDS,AND WHEN I GOT EVERYTHING THAT I WANTED I WOULD CALL HER AND HER ATTORNEY TO COME BACK. CASE CONTINUING. l f'\ STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 W. Louther Street Carlisle, P A 17013 (717) 249-1177 CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 202325 61 W. Louther Street Carlisle, P A 17013 Attorneys for Plaintiff KATHRYN M, ROWLES Plaintiff : IN THE COURT OF COMMOM PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2084 v. : CIVIL ACTION - LAW KATHY JEAN SMITH and CURTIS SMITH, Defendants : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Cindy L. Hribal, Esq., hereby certify that a true and correct copy of the Answer to Plaintiffs' Complaint and New Matter was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Kathy Smith and Curtis Smith 265 Lincoln Street Carlisle, P A 17013 Date: q/ acfx; ~ "'t; co mp\ Z.':p Z(,_ Cn4 -< 4:.,~ ~r j;;', ~"' ~::( ',: ~.;;:<~ >C~ "L'"'': :2 -~ = = c;r. (/) rrt -0 N o ~ ~:!l --uhi :09 SC, :::r: 14 .-)- L., (C). 7fT) (5 ---I j;> ~ ;t:J!OO ~..,., -'" ':9 U, 0'\ SHERIFF'S RETURN - REGULAR f " CASE NO: 2006-02084 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BLACK GARY L ET AL VS ROWLES KATHRYN M STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT JOINING ADDL was served upon SMITH KATHY JEAN the ADD'TL DEFEND. , at 1115:00 HOURS, on the 20th day of June 2006 at 265 LINCOLN STREET CARLISLE, PA 17013 by handing to KATHY JEAN SMITH a true and attested copy of COMPLAINT JOINING ADDL together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: Sworn and 18.00 4.40 .39 10.00 .00 32.79/ ~ '7-0'7.0(, Subscibed to By: ~~<~ R. Thomas Kline before me this day 06/21/2006 STEPHANIE CHERTOK ~y s&:i- of A.D. .. .. - - .. - .- .- =1 ...~;-oo:::~'!'~,~,"!?' f" SHERIFF'S RETURN - REGULAR , '... CASE NO: 2006-02084 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BLACK GARY L ET AL VS ROWLES KATHRYN M STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT JOINING ADDL was served upon SMITH CURTIS the ADD'TL DEFEND. , at 1115:00 HOURS, on the 20th day of June 2006 at 265 LINCOLN STREET CARLISLE, PA 17013 by handing to KATHY JEAN SMITH, ADULT IN CHARGE a true and attested copy of COMPLAINT JOINING ADDL together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: -ipc.':5~~:~-d4!: ~ 6.00 .00 .00 10.00 .00 16.00~ 06/21/2006 9-- 1-0 J'ol. STEPHANIE R. Thomas Kline CHERTOK Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. - - - - - .- - - .- - - ,. STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 W. Louther Street Carlisle, P A 17013 (717) 249-1177 CINDY L. HRIBAL, ESQUIRE P A Supreme Court ID: 202325 61 W. Louther Street Carlisle, P A 17013 Attorneys for Plaintiff KATHRYN M. ROWLES Plaintiff : IN THE COURT OF COMMOM PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2084 v. : CIVIL ACTION - LA W KATHY JEAN SMITH and CURTIS SMITH, Defendants : JURY TRIAL DEMANDED PRAECIPE FOR WITHDRA W AL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of the undersigned on behalf of Plaintiff Kathryn M. Rowles in the above captioned case. Date: 9- ;22vO(P Andrew H. Shaw, Esquire Supreme Court ID No. 87371 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned on behalf of the Plaintiff Kathryn M. Rowles in the above-captioned case. Date: q /& (fro (;y ( ; ,- STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID: 52651 61 W. Louther Street Carlisle, P A 17013 (717) 249-1177 CINDY L. HRIBAL, ESQUIRE PA Supreme Court ID: 202325 61 W. Louther Street Carlisle, P A 17013 Attorneys for Plaintiff KATHRYNM. ROWLES Plaintiff : IN THE COURT OF COMMOM PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2084 v. CIVIL ACTION - LA W KATHY JEAN SMITH and CURTIS SMITH, Defendants : JURYTRIALDEMANDED CERTIFICATE OF SERVICE I, Cindy L. Hribal, Esq., hereby certify that a true and correct copy of the Praecipe for Withdrawal and Praecipe for Entry of Appearance was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Kathy Smith and Curtis Smith 265 Lincoln Street Carlisle, P A 17013 Date: q/~((h ~ (,:::;> ~ (/) I'-r; -0 N (j\ -0 ::!l~ N -..I o '1'1 ~:JJ rn.-: -o1'1'l -n t:? ~~j ~~' i-'.""""\-l ;)5 ,-~::.rn '~~ Jp :..::;. 60 - 20~ 0\);/ IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA INRE: CHAPTER 13 KATHY J. SMITH and CURTIS E. SMITH, SR. Debtors CASE No. 06-bk-01811-MDF KATHRYN M. ROWLES Movant KATHY J. SMITH and CURTIS E. SMITH, SR. Respondents MOTION OF KATHRYN M. ROWLES FOR RELIEF FROM THE AUTOMATIC STAY OF CIVIL PROCEEDING ~. r--,) fT", C;J ..."- r~.--, ..... <::.:.r', 1. Movant, Kathryn M. Rowles (hereinafter Movant), filed a civil action a~ainsf~ , ::.'- 1""I Respondents Kathy J. Smith and Curtis E. Smith, Sr. (hereinafter Respondents) a11~.gingc:; that Respondents engaged in a scheme to defraud Movant. , . -^ c: r-- 2. The civil action is entitled Kathryn M. Rowles v. Kathy Jean Smith and gurtis Smith, and is filed in the Cumberland County Court of Common Pleas, pennSY!Vani:, '# docketed at No. 06-2084. 3. The civil action was filed on June 16,2006 with an Amended Complaint filed on September 20, 2006. 4. Respondents, through their attorney, Gregory Hazlett, Esquire, filed Chapter 13 Bankruptcy in the Middle District of Pennsylvania, docketed at 06-bk-01811-MDF, on August 25, 2006. 5. Movant received her first notice of the bankruptcy filing on Friday September 22,2006, when Respondents attorney, Hazlett, called Movant's attorney on the telephone and informed her of the bankruptcy fIling. 6. Attorney Hazlett advised that the Answer due from the Respondents in the civil action would not be forthcoming as the bankruptcy action had imposed an automatic stay upon the civil action. 7. Attorney Hazlett faxed this attorney two pages requesting that the civil action be discontinued and showing proof that Respondent filed for Chapter 13 bankruptcy. The two faxed pages are attached hereto and incorporated by reference as Exhibit B. 8. Movant's civil action is based in fraud and should be relieved from the automatic stay. 9. Respondents are using the Bankruptcy action as a tool to further defraud Movant. 10. Respondents have no intention of legitimately seeking to propose a plan in good faith, nor will the Respondents meet the Best Interest of Creditors Test or the Best Efforts Test. WHEREFORE, Movant respectfully requests that this Honorable Court lift the stay as to the civil action filed by Movant. Respectfully submitted, Ot!()G!Ob ~~qllire Supreme Court ID No. 52651 Cindy L. Hribal, Esquire Supreme Court ID No. 202325 61 West Louther Street Carlisle, P A 17013 (717)249-1177 Attorneys for Movant . . EXIlIBlrr A STEPHANIE E. CHERT OK, ESQ. PA Supreme Court ill: 52651 61 W. Louther Street Carlisle, PA 17013 (717)249-1177 Cil'IDY 1. HRIBAL, ESQ. P A Supreme Court ill: 202325 61 W. Louther Street Carlisle, P A 17013 Attorneys for Defendant KATHRYN M. ROWLES Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-2084 () '" c::;> 0 c => -n ~ 0'"> -0(0 U) :r." rnrn T"T1 "? ::r: -0 m- zr"-: r- N ""Om Cf)~ :00 i$~, 0 06 c:- -) :::rJ., ..,::;: > :2:0 :Jr 5::J 10 -;-~ 0 L o..D bm Z ~ -- U1 -< (j) -< KATHY JEAN SMITH and CURTIS SMITH Defendants : CIVIL ACTION -LAW : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing 'With the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TillS P MER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA "WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING ALA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TillS 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 South Bedford Street Carlisle, PA 17013 (717) 249-3166 STEPHANIE E. CHERT OK, ESQ. P A Supreme Court ID: 52651 61 W. Louther Street Carlisle,PA 17013 (717) 249-1177 CINDY 1. HRIBAL, ESQ P A Supreme Court ID: 202325 61 W. Louther Street Carlisle, PA 17013 Attorneys for Defendant KATHRYN M. RO\VLES Plaintiff : IN'THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-2084 KATHY JEAN SMITH and CURTIS SMITH Defendants : CML ACTION - LAW : JURY TRIAL DEMANDED A VISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe toma accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona 0 por abogado y presentar en lat Corte por escrito sus defensas 0 sus objeciones alas demandas en su contra. Se le avisa que si no se defienda, el caso puede pro ceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificacion por cualquier otra queja 0 compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROSDERECHOS~ORTANTESPARAUSTED. LLEVE ESTA DE~T])A A UN ABOGADO ThTMEDIATAMENTE. SI USTED NO TIEI'\'E 0 NO CONOCES UN ABOGADO, V AYA 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 2 STEPHANIE E. CHERTOK, ESQ. PA Supreme Court ID: 52651 61 W. Louther Street Carlisle, P A 17013 (717) 249-1177 CINDY L. HRIBAL, ESQ. P A Supreme Court ID: 202325 61 W. Louther Street Carlisle, P A 17013 Attorneys for Defendant KATHRYN M. RO'WLES Plaintiff' : m THE COURT OF COMMON PLEAS ; CUMBERLAND COUNTY, PENNSYL V MTIA v. : NO. 06-2084 KATHY JEAN SMITH and CURTIS SMITH Defendants : CNIL ACTION - LAW : JURY TRIAL DEMANDED AMENDED COMPLAINT OF PLAINTIFF KATHRYN M. ROWLES AGAINST DEFENDANTS KATHY JEAN SMITH AND CURTIS SMITH 1. Plaintiff Kathryn M. Rowles is an adult individual residing at 339 Garland Drive) Carlisle, Cumberland County) Pennsylvania. 2. Defendants Kathy Jean Smith and Curtis Smith, husband and wife, are adult individuals residing at 265 Lincoln Street, Carlisle) Cumberland County, Pennsylvania. 3. Beginning in June of2002, Plaintiff loaned Defendants various amounts of money which Defendants orally agreed to pay back. 4. Plaintiff loaned Defendants these amounts at the specific oral request of the Defendants. 5. Plaintiff' loaned Defendants various amounts of money in the form of cash and checks. Cancelled checks are attached hereto and incorporated by reference herein as "Exhibit A." 3 6. In order to comply with Defendants' demands for money, Plaintiff and her husband obtained advances on her husband's paycheck and advances against his life insurance policy. Paycheck advance receipts are attached hereto and incorporated by reference herein as "Exhibit B." Receipts from life insurance advances are attached hereto and incorporated by reference herein as "Exhibit C." 7. In addition, Plaintiff was persuaded to obtain money from family members and friends to comply with Defendants' demands for money. 8. Defendants not only promised to repay the amount given to them from Plaintiff but also promised additional items would be given to Plaintiff for loaning Defendants this money. 9. The total sum loaned by Plaintiff to Defendants from June 2002 through and including August 15,2003 was $70,500.00 10. On or about August 31, 2004, Plaintiff contacted Detective Ronald Egolf of the Carlisle Police Department to inform him of the money Defendant had taken from Plaintiff, and the pretenses under which it was taken. 11. On or about August 31, 2004, Detective Ronald Egolf launched a full criminal investigation against Defendants which resulted in Defendant Kathy Smith being charged with theft by deception from Plaintiff. 12. On March 7, 2006, Defendant Kathy Smith pled nolo contendre to theft by deception at Defendant's scheduled criminal trial. 4 15. Defendant Kathy Smith was sentenced on April 25, 2006 and ordered to make restitution to Plaintiff in the amount of$9,000.00 with the possibility of jail if she fails to make monthly payments. 16. Legal action has been brought against Plaintiff due to Defendants not returning money borrowed from third persons. Such legal action has since been dismissed. COUNT 1 - BREACH OF COl\i'fRACT 17. Paragraphs 1 through 15 are incorporated herein by reference as though set forth in full. 18. Beginning in June of 2002, Plaintiff loaned Defendants various amounts of money which Defendants orally agreed to pay back. 19. Plaintiff loaned Defendants these amounts at the specific oral request of Defendants. 20. Plaintiffloaned Defendants various amounts of money in the form of cash and checks. Cancelled checks are attached hereto and incorporated by reference herein as '~xhibit A." 21. In order to comply with Defendants' demands for money, Plaintiff and her husband obtained advances on her husband's paycheck and advances against bis life insurance policy. Paycheck advance receipts are attached hereto and incorporated by reference herein as "Exhibit B." Receipts from life insurance advances are attached hereto and incorporated by reference herein as "Exhibit C." 5 22. In addition, Plaintiff was persuaded to obtain money from family members and friends to comply with Defendants' demands for money. 23. Defendants not only promised to repay the amount given to her from Plaintiffbut also promised additional items would be given to Plaintiff for loaning Defendants this money. 24. The total sum loaned by Plaintiff to Defendants from June 2002 through and including August 15, 2003 was $70,500.00 25. Other than the $9,000 restitution Defendant Kathy Smith has been ordered to pay, Defendants have refused to repay Plaintiff the entire sum loaned to Defendants although Defendants have been given a reasonable time and opportunity to do so. WHEREFORE, Plaintiff demands judgment against Defendants in the amount of $70,500.00 together with costs and interest and such other relief as this Honorable Court may deem appropriate under law. COUNT IT - UNJUST ENRICHMENT 26. set forth in full. Paragraphs 1 through 25 are incorporated herein by reference as though 27. Plaintiff did not provide the sums of money described in Count I and "Exhibits A, C, D and E" to Defendants as a gift or gratuity. 28. Defendants vvrongfully obtained benefits from the money that Plaintiff provided to them. 29. Despite numerous requests, Defendant's have failed and refused to return the money that Plaintiff provided to them. 6 30. It would be unconscionable for Defendants to retain the money Plaintiff provided to them. 31. Defendants have been unjustly enriched at the expense of Plaintiff in the amount of $70,500.00. 'WHEREFORE, Plaintiff demands judgment against Defendants in the amount of $70,500.00 together with costs and interest and such other relief as this Honorable Court may deem appropriate under law. COUNT ill - FRADULENT MISREPRESENTATION 31. Paragraphs 1 through 30 are incorporated herein by reference as though set forth in full. 32. Defendants represented to Plaintiff that all of the money Plaintiff loaned to Defendants would be returned to her. 33. This representation was material to Plaintiff's decision to loan Defendants money, and to Plaintiff's effort to induce other people to loan money to them. 34. Defendants' representations to Plaintiffwere fraudulent in that they were intended to induce Plaintiff to loan money to Defendants and to cause other people to loan them money, and: a) Defendants knew or believed that these assertions were not in accord "vith the facts; and/or b) Defendants did not have the confidence that they stated or implied in the truth of their assertions; and/or 7 c) Defendants knew that they did not have the basis that they stated or implied in the assertions. 35. Defendants' assertions were made with actual knowledge of their falsity at the time they were made, or With reckless disregard of their falsity. 36. Plaintiff justifiably relied on the misrepresentations of Defendants. 37. During the time Plaintiff loaned money to Defendants, Defendants knew or should have known that they were misrepresenting facts to Plaintiff as explained more fully above. 38. As a result of the misrepresentation of Defendants, Plaintiffhas suffered damages as more fully stated above. 39. Defendants' actions as stated above are outrageous, malicious, wanton, reckless, willful and oppressive in nature. WHEREFORE, because of Defendants' fraudulent misrepresentations as stated above, Plaintiff demands judgment against Defendants as follows: a. the amount of $70,500.00; b. together with costs and interest; c. Together with costs and interest; d. Attorney fees; e. Punitive damages; and f. Such other relief as this Court may deem appropriate and just under the law. 8 COUNT IV - FALSE IMPRISONMENT 40. Paragraphs 1 through 39 are incorporated herein by reference as though set forth in full. 41. On four separate occasions, Defendants caused Plaintiff to be falsely imprisoned at Defendants' house for a number of days or weeks at a time. 42. On these occasions, Defendants told Plaintiff that Plaintiff must not leave Defendants' house under order of a "Judge in Philadelphia". 43. Plaintiff was informed by Defendants that if she left Defendants' house she would be put in jail or fined. 44. Plaintiff left Defendants' house during the first imprisonment to take her son to work. Defendant Kathy Smith then notified Plaintiff that a picture had been taken of Plaintiff by investigators when she had left the house. 45. Defendant Kathy Smith stated that a "judge" from Philadelphia fined Plaintiff $800 for leaving Defendants' house. Plaintiffwas told she had to pay the fine within two days or else she would be imprisoned. 46. Defendant Kathy Smith told Plaintiff to give Defendant Kathy Smith the $800 and she would give it to the 'Judge." Plaintiff paid the $800 to Defendant Kathy Smith. 47. Defendants also threatened Plaintiff that if she left the house again the 'Judge" would imprison her. 48. Plaintiff felt that she could not leave Kathy and Curtis Smith's house. 9 49. Defendants acted to intentionally confine Plaintiff within boundaries fixed by Defendants. 50. Defendants' acts directly resulted in the confinement of Plaintiff. 51. Plaintiff was aware of her confinement and was threatened with imprisonment or being fined if she left Defendants' house. WHEREFORE, Plaintiff demands judgment against Defendants in excess of the jurisdictional limit together with costs and interest and such other relief as this Honorable Court may deem appropriate under law. COUNT V - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 52. Paragraphs 1 through 48 are incorporated herein by reference as though set forth in full. 53. Defendants wrongfully obtained $70,500.00 from Plaintiff causing her to declare bankruptcy. 54. Defendants induced Plaintiff to unwittingly participate in a scheme that has resulted in legal action against here, whereby individuals, whom Defendant had Plaintiff recruit, sued Plaintiff for the money they also loaned to Defendants. 55. Defendants falsely imprisoned Plaintiff within Defendants' house by threat of imprisonment and/or fme on four different occasions and for weeks at a time. 56. Defendants caused Plaintiff' relationship with many family members and friends to deteriorate to the point where some of her family will no longer speak: to her. 10 57. Plaintiff suffers from Multiple Sclerosis and, due to the actions of Defendants, had many occasions on which her symptoms would worsen due to the intentional or reckless actions of Defendants. 58. Defendants' actions were extreme and outrageous. 59. Defendants intentionally or recklessly caused Plaintiff severe emotional distress. 60, Defendants inflicted severe emotional distress upon Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendants in excess of the jurisdictional limit together with costs and interest and such other relief as this Honorable Court may deem appropriate under law. Respectfully submitted, Date: q /J 0(00 Y""A Ste Supre ourt l.D. 52651 Cindy 1. Hribal, Esquire Supreme Court I.D. 202325 61 West Louther Street Carlisle, PA 17013 (717) 249 - 1177 Attorneys for Plaintiff 11 VERIFICATION I verify that the statements made in this Amended Complaint of Plaintiff Kathryn M. Rowles Against Defendants Kathy Jean Smith and Curtis Smith are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 4r-ff ~L/ __ ; ., f!./" Kathryn M owles 12 l'~TKU '!'HE H..lffiRISBURG ARE..~ POLICE INFORMATION RESOURCE SYSTEM (ICRIPINC) PAGE: 8 03/31/05 RLE1 CARC INC#: CAR 20041001030 DT,TM: 2004 10 24 0142 ------------------------------------------------------------------------------ STATUS: 0 REPORT NO : 02 SP SUPPLEMENTAL ------------------------_._---------------------------------------------------- LaC, GRID: REPORT OFF: VEH INFO: ASSIGN OFF: APPROV OFF: CV HANDBK: SEC SURVEY: A.."RREST (S) : FOLLOW UP: A 00339 CARLISLE PA 0300 L EGOLF 02/26/05 0939 PLAT: SECT: D INS, OUT: LIGHT: WEATHER: TEMP: F 31 BARRY E WALTERS 01/21/05 DUE: 50205 31 BARRY E WALTERS 02/05/05 PCCD V /w FORM: OOM RELAT FORM: DEFERR PROSECUT: DA REQ FOR HEAR: FURTHER ARRESTS: CRIM SUMMONS: REC ASSIGN. TO: D NCIC CRIM HIST~ N GARLAND DR 9 RONALD EXT SIGNED DOC: sm / CONFESS: WARRANT : CITY PROP DAM: AFTER TALKING TO KATHY SMITH I SERVED SEARCH WARRANTS ON THE BANKS SHE SAID SHE HAD BEEN WITH AND AS OF 02-14-2004 I RECEIVED THE INFORMATION. I WILL BE FOLLOWING UP WITH THIS INCIDENT. METRO THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM (ICRIPINC) PAGE: 9, 03/31/05 RLE1 CARC INC#: CAR 20041001030 DT,TM: 2004 10 24 0142 ------------------------------------------------------------------------------ STATUS: 0 REPORT NO : 03 SP SUPPLEMENTAL ------------------------------------------------------------------------------ LOC, GRID: REPORT OFF: VEH INFO: ASSIGN OFF: APPROV OFF: CV HANDBK: SEC SURVEY: ARREST (S) : FOLLOW UP: A 00339 c..~ISLE PA 0300 L EGOLF 03/30/05 0807 PLAT: SECT: D INS / OUT: LIGHT: WEATHER: TEMP: F 31 BARRY E WALTERS 02/28/05 DUE: 50315 31 BARRY E WALTERS 03/15/05 peCD V /w FORM: DOM RELAT FORM: DEFERR PROSECUT: DA REQ FOR HEAR: FURTHER 1L~ESTS: CRIM SUMMONS: REC ASSIGN TO: D NCIC CRIM HIST: N GARLAND DR 9 RONALD EXT SIGNED DOC: STMT / CONFESS: WARRANT : CITY PROP DAM: AFTER I SERVED SEARCH WARRANTS ON KATHY SMITHS BANK ACCOUNTS I RECEIVED THE INFORMATION FROM M&T AND MEMBERS 1ST BANKS. ONCE I LOOKED AT THE INFORMATION SENT ME I CONTACTED MRS ROWLES AND ALSO CONNIE BLACK AND ASKED IF THEY WOULD ALSO SEND ME COPIES OF THEIR CHECKS AND BANK STATEMENTS SHOWING WHAT THEY GAVE TO KATHY SMITH. MR.S ROWLES SAID SHE GAVE EVERYTHING TO HER ATTORNEY STEPHANIE CHERTOK. I CONTACTED MRS CHERTOK AND I WAS SENT ALL OF ROWLES INFORMATION. SINCE I CONTACTED CONNIE BLACK I HAD NOT RECEIVED ANY OF HER CHECKS OR STATEMENTS/SO I CONTACTED HER ON 3-29-2005. IN TALKING TO MRS BLACK SHE TOLD ME SHE WAS ADVISED BY AN ATTORNEY NOT TO SEND ME ANY OF HER STATEMENTS OR CHECKS. WHEN I ASKED MRS BLACK THE NAME OF HER ATTORNEY SHE REFUSED TO TELL ME. I EXPLAINED TO HER THAT WITHOUT THE INFORMATION NEEDED TO FOLLOW UP ON THE CASE I WAS UNABLE TO PURSUE THE MONEY SHE HAD STOLEN / AND I WAS CLOSING HER PART OF THIS CASE OF HER AND HER PARENTS ROBERT AND MARIAN PAXTON. I WILL STILL FOLLOW UP ON KATHRYN ROWLES AND THE GALBRAITHS. :METRO THE HARRISBURG AREA POLICE INFORIvl.ATION RESOURCE SYSTEM (ICRIPINC) PAGE: 10 03/31/05 RLEl CARC INC#: CAR 20041001030 DT,TM: 2004 10 24 0142 ------------------------------------------------------------------------------ REPORT NO : 04 SP SUPPLEMENTAL STATUS: 0 ------------------------------------------------------------------------------ 31 BARRY 00339 L EGOLF INS/OUT: E WALTERS 0300 00/00/00 0000 PLAT: SECT: D LIGHT: WEATHER: TEMP: F 03/30/05 DUE: 50414 04/14/05 DOM RELAT FORM: DA REQ FOR HEAR: CRIM SUMMONS: NCIC CRIM HIST: EXT SIGNED DOC: STMT / CONFESS: WARRANT : CITY PROP DAM: LaC / GRID: REPORT OFF: VEH INFO: ASSIGN OFF: }!I-PPROV OFF: CV HANnBR: SEe SURVEY: ARREST (S) : FOLLOW UP: GA.'R.LAND DR 9 RONALD PCCD v/w FORM: DEFERR PROSECUT: FURTHER ARRESTS: REC ASSIGN TO: ~ I I EXIlIBIl A m. ..'".,..:.....'......... : M&TBa'" '., Monufacliuil3 and 1tId!I3"1n:~ Ctmpany .. 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". ~__ ~ KATHRYN M, 'ROWLes 339 GARLANDDRIVE PH. 717-24,j-6384 CARUSLE, PA 1701,3 , 7123 .,1 Date>rtpLu-1/1f ~5 T v 'f ' 50-295/313 ~! !l3J9 ".m M&TBatlk/J l;;;J'MlrIIrmn." III~ TI>ll." 'IIuIt ComlBt1Y" ,High Slreet-c.risle office Dollars /' $ ;< -s-; dC::; For ':03.30 2g 55': :CJ~~II r' Fai;, . ,";' 'I "'~:',,;:,,;:,;,~. ~1:c:;.'.;~r,i;;-:;,:;~:;'::::.f{';:" i:i";"';',"~i;:i.l,: ,1:!;:::_~;'\':;::;" -, ",'..::0 kATHRYN M. ROWLES , lj> ' ') '339' GARLAND DRIVE P~. 717-243-6384 . , " ".' l/.~ ;e. <~: j:.cARLlSLE/PA '17013 ". "Date'!, r.A, .jl . , '~ ' .,'.'.."..f1 ,0 'd./~;,'~ ;1 .' :Eay,tot~e "~a> y 4Ju-( e:f:..i1.x1/ Order": . I i:""~ 111,71 . J ,..,/ .,. . ..W:Jij?/7J~~~ .~ ,<,LM t:m M&TBank,: ~.: ~r ,.:>,~_ .'MlliUrlctulllJwf.TmI'l!irust_.~.1IJ}I " '. ./' , ; .Hi,gh Streei-c....1e Office " I l .. 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For ~iJq;;-~/lM4~ ~. .; . - ." ;}r ". -Y--c:. . 'I:O~ J.~n,;Jo:c'c.. ,. "60:-2951313 4334 '.~ - '.:' '" .', . - : ~".; '- .;. ,.:,..,.... . (;.... , ." .' ~ ~. '. '.1.. .~,:-~.,.~.,,<<>.:,.,:,;:"<:'.... ~ . I, i. For .: 0 :I . :I 0 2 9 5 51: ",,;,;.j ,. :", . ,.1 .1 , I ".1'.. ~~l9mt:rlc"lJ , ,I .i 1 -;.i GUAADIAN&SAF:TY.SWE "'SL Ii ;/ 'J ;1 . " . ' '. .KATHRYNM.ROWLE~, " '339 GARLAND DRIVE: PH. 717-243-:6384 CARLISLE; FA 17013 Payfuthe .i, ,~,)q, /,./ ;/ .,;/.4-,., /. "'~.}'_.t~ /""./ . .I/7~/ Order,Of' nt.'......;,qc/(j.. /k ......"' /'(., .,-~J. -.,~.i~ '///.,/'/ #, ; , '. <::7L~",/--4L/' ,~ ',," .' - , 0/- . :m M&TBank . ': :~ MaranatDnirs and Traders 1nm Comp:;.ny Nob.. Boulenrd Ollie. ,:lfjO/ht. . 6960 ' ,./:'1. 1/ ".,' " ,', (1,/2 "1/,' ~~b1tfr{ './.!. t;L'60-Z95/313 Date' vl.c-r,.... ~ I ;'" 4334 ,,)$ ,6""i1, tfd / t~?, '. / /11'-0 'Dollars .6] j ., .~,1I&,a: 'i -- DeIW_m:;. " For 1:0 3 ,~3D 2,9551: , -'" '..,-': \',/ '-".,'..-,- i,~ ,I !. ~.-: ; :'~:t~~~.,,~,[. , , -... .~....( ': ';:-.'-, !:f " . 1'-; I ' , , l.:il r', ': -'\ >~~ .:~\ -'$, I/t? ,- do >J',' ',~/', ". .'.-',' - ';" .- i ". I:" ,'- ".:...~~~~~~~~:~t ::(,!I ~< ,..../>..;-; >\.:,r..:~~<.,_~"..<~ 'I _ I! j '! . '. , ,:ftI M&TBa:hk ,~ MlnuJIC1lIIeB II1l!TIId!B TI1I~ Cl1mpl/l)' Noble'Boulenrd Office ~~~". ,.- __m_ 'Dollais .~ For' 1:'03 .302 g 551: ~~ ,fl 4'1' , . . ~~rtL~~ 000'0 b.5 5 3B"'" b g ,"DOOOO,.30001" '! , ~AAD~"-=rYSUJeWB~~ i...""'..............." -698D ,KATHRYN'M.ROWL'ES '339 GARLAND ,DR/VFPH, 717-243-5384 CARLISLE, PA;d170'f3)20027754.3f~ '1'4 ..,' , - ".~:, - ..;{}~ . / "~~- . - -' . :iBErt~~-6.t1Q /5.5"";;;;' - .'60-295/313 , 4334 P..aytothe.lf 1'... ,/:7 ,~/ J:- Order.of , . r;.#--i7"~, -><:J-?~A/ /~"--'"" ;;/;..":7 d:- ' -'-.I! / ><t:..,,~ :.;;U,r' .A-..,:.,.]/ i '.// ,l! ~~~~l!! Noble BlXllevard Office ,~ !') j' /F J$ ,bO ,tlv ,.f; foe ,// //R ,: I Dollars: :fD , ,~1Iaqs , ' D.u::t::....b:i-. " ~I For ':03.30 cC155r: ~~/I~ '~'.' OOOOh Ii't; ~A I. "If. D n,..., ..,...,...,.,.,...~""'" M> ; , ~ ( '.r :'.:-: :~ I' ! . ~ " J:' ',<:" ..:><.':....-...:.~ . ", -'" '. \./. . , . , <:;),,::;';?::/~::"';~~'<? ,PaYfutbe", ... 'd'>~'#:-'/i!. '. _ __ '. " "Ol'i:ler.of ,<:;,VJ~-t/~'" , z., u" " " " '/ )~~.>':>:LR ';#f::;I.itJi:.':'>""'>:'~>";-~~u, ~ ~'~~"'" '-;=::d~,,,~~<'-,,~L:"".. :.,~,_=_c~~~, "'~~~~~:_;"3~;&~~~~~!Jtt:::!" .;;?:........,;.' ..;~::;>.. ,! . . ."" '" . .'.., " ";;;Il..7Y ~." '.!'!3':}{/', , , ,.'1 '/;';::;'; .":/;">;:;;~~::~~o41;~:l~: I , ;. .I-:t:D3'.3Cf2.Q 5:'5~I:X"'~;';:'..,OOnO:b 5 5'3B ~ll.,l'O(B'B c::'~IIOO'CJciO'30.t:J.O'011':< I," I " " , ,'.. "', ,. , , Jl!l! ". i.c_Am~' ',' ,/, " , ,,' ,. .',,',' ,,_, '. ,:,.::.,., '/ ' '>GLlAllDweSAmY~~<1 '. :!;",'1 i[ . ., '-/ :.m M&TBaIlk' I ~ ,-Mlnur'ClUrrlUndTr1ll'~T"'stCoinp"" :/ " .~ghStr"I.cBtisle,Dffite '. ,:1 ,,',,' , ~i , :-F,o'r'", ! -:1. . . , 1:03,130 ,2't,i 5:'51: t' 1 -.. - ".~ ,,: _.':- .._ '/ Ji~ . \~ ;~f!;)//l." , ,',,' q-4au~i721.j~~', ,-:M> -<-. 00 nO'b' 5,5 3'a l. 1117 {#,o :~,J~nnn n:n'~ nn n;~ .,; / i' t '" . .".o~~n' '. .-. j ~.: ~/ ,.:"-.>' ,.i:>., ".,:;-~ '"1 <.~.:-<:,,;'':...J r,' '. ' ".'.~" I.; -!.........:,:' .. ..... ~ . '.>:....,),:.,"'~~}~>~ ~.).".\...\ ~./~(~:.; ,," _~ "'1.. I~ I. '!< /'.- 1:- I': I' 1::": '>i .~~ " (-.! I;] . ~. " .f ,". './ . . . EXIlIBIT B -- BankWest, Inc. P.O. Box 998 Pierre, SD 57501 April 3, 200 10:03 Al Customer Receipt # 53750002826 "'Check Redeemed for Cash* . Agreement No. 53750000703 Check # 7124 Due Date: 04/03/2003 Advance Amount $350.00 Total fee charged 59.50 Sub-total $409.50 Payments To Date 0.00 Refund due 0.00 AMOUNT DUE CASH RECEIVED $409.50 420.00 CHANGE $10.50 Signature: ~~-'.q, ,Wu.L4-/ Ka ryn Rowles 53750000186 Cash Drawer #: 1 User 10: mlwoods POLlCY NOTICE: Customers may not receive another loan for at least three (3) days following repayment of their tenth {10th) consecutive transaction. PLEASE NOTE: NCAS of Pennsylvania, lLC, d/b/a Advance America is not affiliated with BankWest, Inc., Pierre, South Dakota, and did not make or approve this loan. A payday loan is intended to be a short-term financial management tool. As a result, the cost may be higher than for longer-term alternatives offered by other financial institutions. BankWest, Inc. P.O. Box 998 Pierre, SD 57501 May 3, 200 11:18 A~ ',' Customer Receipt # 53750003622 *Check Redeemed for Cash* Agreement No. 53750000873 Check # 7132 Due Date: 05/03/2003 Advance Amount $350.00 Total fee charged 59.50 Sub-total $409.50 Payments To Date 0.00 Refund due 0.00 AMOUNT DUE CASH RECEIVED $409,50 410.50 Signature: CHANGE $1.00 ~ se/~/ ~"'/ . I Kathry' owles 5375D000186 Cash Drawer #: 2 User 1D: mewagner POLlCY NOTJCE: Customers may not receive another loan for at Jeast three (3) days folJowinQ repayment of their tenth (10th) consecutive transaction. PLEASE NOTE: NCAS of PennsylvanIa, LLC, d/b/a Advance America is not affiliated with BankWest, Inc., Pierre, South Dakota, and did not make or, approve this loan. A payday loan is intended to be a short-term financial management tool. As a result, the cost may be higher than for longer-term alternatives offered by other financial institutions. BankWest, Inc. P.O. Box 998 Pierre, SD 57501 June 6, 2003 11:{)3 M1 Customer Receipt # 53750004438 *Check Redeemed for Cash* Agreement No. 53750001098 Ch€ck # 7139 Due Date: 06/03/2003 Advance Amount $350.00 Total fee charged 59.50 'Sub-total $409.50 Payments To Date 0.00 Refund due 0.00 AMOUNT DUE CASH RECEIVED $409.50 410.00 CHANGE $0.50 Signature; l 4 / ~ Ka ryn1.ROWles 53750000186 Cash Drawer #: 1 User 10: mlwoods POLlCY NOTICE: Customers may not receive another loan for at least three (3) days followjn~ repayment of their tenth (1 Dth) consecutive transaction. PLEASE NOTE: NCAS of PennsylvanIa, LLC, d/b/a Advance America is not affiliated with BankWest, Inc., Pierre, South Dakota, and did not make or approve this loan. A payday loan is intended to be a short-term financial management tool. As a result, the cost may be higher than for longer-term alternatives offered by other financial institutions. ----- BankWest, Inc. P.O. Box 998 Pierre, SD 57501 August 4, 200: 3:33 Pl'v Customer Receipt # 53750006433 *Check Redeemed for Cash* Agreement No, 53750001659 Check # 7176 Due Date: 08/01/2003 Advance Amount $350.00 Total fee charged 59,50 Sub-total $409.50 Payments To Date 0.00 Refund due 0.00 AMOUNT DUE CASH RECEIVED $409.50 410,00 CHANGE $0.50 Signature: -tI.~:WI~ 53750000186 Cash Drawer #: 1 User ID: srshipp POlley NOT1CE: Customers may not receive another loan for at least three (3) days following repayment of their tenth (10th) consecutive transaction. PLEASE NOTE: NCAS of Pennsylvania, LLC, d/b/a Advance America is not affiliated with BankWest, Inc., Pierre, South Dakota, and djd not make or approve this Joan. A payday loan is intended to be a short-term financial management tool. As a result, the cost may be higher than for longer-term alternatives offered by other financial institutions. -- BankWest, Inc. P.O. Box 998 Pierre, SD 57501 April 11, 200: 5:04P1'v Customer Receipt # 53750003057 *Check Redeemed for Cash* Agreement No. 53750000771 Check # 1025 Due Date: 04/11/2003 Advance Amount $550.00 Total fee charged 93.50 Sub.total $643.50 Payments To Date 0.00 Refund due 0.00 AMOUNT DUE CASH RECEIVED $643.50 650.00 Signature: CHANGE $6.50 C~~ j./'/ John Rowles L/ 53750000191 Cash Drawer:lt: 2, User iD: mewagner POLICY NOTICE: Customers may not receive another loan for at least three (3) days following repayment of their tenth (10th) consecutive transaction. PLEASE NOTE: NCAS of Pennsylvania, LLC, d/b/a Advance Amedca is not affiliated with BankWest, Inc., Pierre, South Dakota, and did not make or approve this Joan. A payday loan is intended to be a short-term financial management tool. As a result, the cost may be higher than for longer-term alternatives offered by other financial institutions, ..~ BankWest, Inc. P.O. Box 998 Pierre, SD 57501 April 20, 200~ 11:13AM Customer Receipt # 53750003385 *Check Redeemed for Cash* Agreement No. 53750000859 Check # 1032 Due Date: 04/25/2003 Advance Amount $500.00 Total fee charged 85.00 Sub-total $585.00 Payments To Date 0,00 Refund due 0.00 AMOUNT DUE CASH RECEIVED $585.00 585.00 Signature: CHANGE $0.00 ~~ I~I John Rowles ~/ 53750000191 Cash Drawer #: 1 User 10: crsmlth POLICY NOTiCE: Customers may not receive another loan for at least three (3) days following repayment of their tenth (10th) consecutive transaction. PLEASE NOTE: NCAS of Pennsylvania, LLC, ,d/b/a Advance America is not affiliated with BankWest, Inc., Pierre, South Dakota, and did not make or approve this loan. A payday loan is intended to be a short-term financial management tool. As a result, the cost may be higher than for longer-term alternatives offered by other financial institutions. ----- - BankWest, Inc. P.O. Box 998 Pierre, SD 57501 May 9, 2003 5:14 PM Customer Receipt # 53750003771 *Check Redeemed for Cash* Agreement No. 53750000950 Check # 1044 Due Date: 05/14/2003 Advance Amount $550.00 Total fee charged 93.50 Sub-total $643.50 Payments To Date 0.00 Refund due 0.00 AMOUNT DUE CASH RECEIVED $643.50 645.00 CHANGE John Rowles 53750000191 Signature : Cash Drawer #: 2 User 10: mewagner POLICY NOTICE: Customers may not receive another loan for at Jeast three (3) days followinQ repayment of their tenth (10th) consecutive transaction. PLEASE NOTE: NCAS of Penn:sylvama, LLC, d/b/a Advance America is not affiliated with BankWest, Inc., Pierre, South Dakota, and did not make or approve this loan. A payday loan is intended to be a short-term financial management tool. As a result, the cost may be higher than for longer-term alternatives offered by other financial institutions. "--- ~ BankWest, Inc. P.O. Box 998 Pierre, SO 57501 May 23, 2003 5:51 PM Customer Receipt # 53750004141 *Check Redeemed for Cash* Agreement No. 53750001068 Check # 1048 Due Date: OS/23/2003 Advance Amount $550.00 Total fee charged 93.50 Sub-total $643.50 Payments To Date 0.00 Refund due 0.00 AMOUNT DUE CASH RECEIVED $643.50 650.50 Signature: CHANGE $7.00 ()~12~ (; John Rowles - 53750000191 Cash Drawer #: 2 User ID: mewagner POLICY NOTICE: Customers may not receive another loan for at least three (3) days followinQ repayment of their tenth (10th) consecutive transaction. PLEASE NOTE: NCAS of Pennsylvania, LLC, d/b/a Advance America is not affiliated with BankWest, Inc., Pierre, South Dakota, and did not make or approve this loan. A payday loan is intended to be a short-term financial management tool. As a result, the cost may be higher than for longer-term alternatives offered by other financial institutions. BankWest, Inc. P,O. Box 998 Pierre, SD 57501 August 1,200: 5:06 Pf'r Customer Receipt # 53750006349 *Check Redeemed for Cash* Agreement No. 53750001722 Check # 1055 Due Date: 08/01/2003 Advance Amount $500.00 Total fee charged 85.00 Sub-total $585.00 Payments To Date 0.00 Refund due 0.00 AMOUNT DUE CASH RECEIVED $585.00 585.00 CHANGE $0.00 Signature: 9L~ John Rowles 53750000191 Cash Drawer #: 2 User ID: crsmith POLICY NOTJCE: Customers may not receive another loan for at least three (3) days following repayment of their tenth (10th) consecutive transaction. PLEASE NOTE: NCAS of Pennsylvania, LLC, d/b/a Advance AmerJca is not affiliated with BankWest, Inc., Pjerre, South Dakota, and did not make or approve this loan. A payday loan is intended to be a short-term financial management tool. As a result, the cost may be higher than for longer~term alternatives offered by other financial institutions. BankWest, Inc. P.O. Box 998 Pierre, SD 57501 August 15, 2003 5:03 PM Customer Receipt # 53750006872 *Check Redeemed for Cash* Agreement No. 53750001910 Check # 1073 Due Date: 08/15/2003 Advance Amount $500.00 Total fee charged 85.00 Sub-total $585.00 Payments To Date 0.00 Refund due 0.00 AMOUNT DUE CASH RECEIVED $585.00 600.00 CHANGE $15.00 Signature: Cash Drawer #: l' User 10: mlWDDds POLICY NOT1CE: Customers may not receive another loan for at least three (3) days following repayment of their tenth (10th) consecutive transaction. PLEASE NOTE: NCAS of Pennsylvania, LLC, d/b/a Advance America is not affiliated with BankWest, Inc., Pierre, South Dakota, and did not make or approve this loan. A payday loan is intended to be a short-term financial management tooL As a result, the cost may be higher than for longer-term alternatives offered by other financial institutions. -..,.. BankWest, Inc. P.O. Box -998 Pierre, SD 57501 January 5, 2004 11 :{)2 AM Customer Receipt # 53750012242 *Check Redeemed for Cash* Agreement No. 53750003546 Check # 7287 Due Date: 01/03/2004 Advance Amount $350.00 Total fee charged 59.50 Sub-total $409.50 Payments To Date 0.00 Refund due 0.00 AMOUNT DUE CASH RECEIVED $409.50 410.00 CHANGE $0.50 Signature: ~~< .~-k244~ Ka ryn Rowles 53750000186 Cash Drawer #: 1 User 10: mlwooas PLEASE NOTE: Advance America, Cash Advance Centers of Pennsylvania, LLC, d/b/a Advance America d/b/a National Cash Advance is not affiliated with BankWesI, Inc., Pierre, South Dakota, and did not make or approve this loan. A payday Joan is intended to be a short-term financial management tool. As a result, the cost may be higher than for longer-term altematives offered by other financial institutions. ~- , . \ , \ EXIlI13IT C STATE FARM LIFE INSURANCE COMPANY POLICY NO. LF-0082-6854 Date AUG. 29,'2002 Policy Loan Policy Loan Increase Capitalized Loan Interest Your outstanding loan balance is $14,714.28. Policy loan interest rate is 5.000'% . 231-3477.1 HOME OFFICE: BLOOMINGTON, ILLINOIS 61701 Agent 38-2627 Amount $ 700.00 $718.37 $18.37 R0v.1.2-06-2001 P.intsd in U,S.ApLEASE DETACH DP'" - :~ONG PERFORATION STATE FARM LIFE INSURANCE COMPANY POLICY NO. LF-0082-6854 Date SEP. 4, 2002 Policy Loan Policy Loan Increase Capitalized Loan Interest Your outstanding loan balance is $14,758.88. Policy loan interest rate is 5.000%. HOME OFFICE: BLOOMINGTON, ILLINOIS 61701 Agent 38-2627 Amount $ 33.00 $44 . 60 $11.60 ?~~i.3-\77.1 Fief, 12-\)6-2001 Print&d in uS,~;LEASE DETACH DRAFT ALONG PERFORATION STATE FARM LIFE INSURANCE COMPANY POLICY NO. LF-0082-6854 Date MAR. 10, 2003 Policy Loan Policy Loan Increase Capitalized Loan Interest This is the maximum loan value. Your outstanding loan balance is $15,238.04. Policy loan interest rate is 5.000%. ROME OFFICE: BLOOMINGTON, ILLINOIS 61701 Agent 38-2627 Amount $ 261. 80 $629.71 $367.91 ;~31-2,477.1 R0V,12-06-2QOl Prinied in u,s.APLEASE DETACH DRAFT ALONG PERFORATION STATE FARM LIFE INSDRANCE COMPANY HOME OFFICE: BLOOMINGTON, ILLINOIS 61701 POLICY NO. LF-0142-2140 Date AUG. 29,2002 Agent 38-2627 Amount $ 900.00 Policy Loan Policy Loan Increase Capitalized Loan Interest Your outstanding loan balance is $6,114.08. Policy loan interest rate is 6.000%. $910.65 $10.65 231."::~4 77. i Rev. 12-06-2001 Printed in U,S.FpLEASE DETACH DRAFT ALONG PERFORATION STATE FARM LIFE INSURANCE COMPANY HOME OFFICE: BLOOMINGTON, ILLINOIS 61701 POLICY NO. LF-0142-2140 Date SEP. 4, 2002 Agent 38-2627 Amount $ 38.00 Policy Loan Policy Loan Increase Capitalized Loan Interest Your outstanding loan balance is $6,157.86. Policy loan interest rate is 6.000%. $43.78 $5.78 <;31-~..!;77.'1 Rev 12-06-2001 Printed irl usJi'LEASE DETACH DRAFT ALONG PERFORATION STATE FARM LIFE INSURANCE COMPANY POLICY NO. LF-0142-2140 Date MAR. 10, 2003 Policy Loan Policy Loan Increase Capitalized Loan Interest This is the maximum loan value. Your Dutstanding loan balance is $6,396.01. Policy loan interest rate is 6.000%. HOME OFFICE: BLOOMINGTON, ILLINOIS 61701 Agent 38-2627 Amount $ 105.07 $290.49 $185.42 .?~,1-3477,1 Rev,12-06-2001 Printed in tJ,s,,t,J'LEASE DETACH DRAFT ALONG PERFORATION STATE FARM LIFE INSURANCE COMPANY POLICY NO. LF-0584-6159 Date SEP. 4, 2002 Policy Loan Policy Loan Increase Capitalized Loan Interest This is the maximum loan value. Your outstanding loan balance is $9,478.16. Policy loan interest rate is 6.000%. HOME OFFICE: BLOOMINGTON, ILLINOIS 61701 Agent 38-2627 Amount $ 113.23 $126.30 $13.07 ;<}:-~,477.1 Rev.12-06-2001 Print",d in us,RLEASE DETACH DRAFT ALONG PERFORATION STATE FARM LIFE INSURANCE COMPANY POLICY NO. LF-0584-6159 Date MAR. 10, 2003 Policy Loan Policy Loan Increase Capitalized Loan Interest This is the maximum. loan value. Your outstanding loan balance is $9,959.37. Policy loan interest rate is 6.000%. HOME OFFICE: BLOOMINGTON, ILLINOIS 61701 Agent 38-2627 Amount $ 312.14 $592.30 $280.16 2~~1-3477,; Fir,.'!, 12-05-2001 Printed in us.,RLEASE DETACH DRAFT ALONG PERFORATION ------- ----------------~- . . EXIIIBlrr D \ .......... ..~I.L\..l.ODU.t\.~ ~ .l:'ULICE INFORMATION RESOURCE SYSTEM PAGE: 1 03/31/05 INC#: CAR 20041001030 DT,TM: 2004 10 24 0142 SUN TO: 2004 10 24 (ICRIPINC) RLEl CARC 142 SUN ------------------------------------------------------------------------------ PUCR: 1140 STATUS: 0 DT CLEAR: JUV CLEAR: N DIST JUST: 09201 SYNOPSIS: KATHY SMITH SUPPOSIDLY TOOK A LARGE AMOUNT OF CASH FROM KATHRYN ROWLES UNDER FALSE PRETENCE. BIAS MOTIV - ETHNIC: RELIG: RACIAL: SEXUAL: CRIM SCENE SEARCHED: PRINTS TAKEN: N BY: #OF OFFENDERS: 1 PHOTOS TAKEN: BY: WAS THERE A WITN'ESS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .: N SUSPECT NAME OR GOOD DESCRIPTION...... ...........~...... ......... ...: N KNOWLEDGE OF SUSPECT LOCATION..... .... ................... ........ ...: N DESCRIPTION WHICH IDENTIFIES VEHICLE USED BY SUSPECT................: N LIMITED OPPORTUNITY FOR SUSPECT TO COMMIT CRIME.....................: N LIMITED NUMBER OF PERSONS AS POSSIBLE SUSPECTS......................: N BELIEF THAT CRIME CAN BE SOLVED WITH REASONABLE INVESTIGATIVE EFFORT: N BELIEF THAT A MAJOR CRIME CAN BE SOLVED BY PUBLICITY................: N PRESENCE OF SIGNIFICANT PHYSICAL EVIDENCE TO ID SUSPECT OR ACCUSED. .: N PROPERTY WITH CHARACTERISTICS, MARKS, NUMBERS THAT CAN BE TRACED....: N POSITIVE RESULTS FROM A CRIME SCENE EVIDENCE SEARCH FOR PRINTS. . . . . .: N MODUS OPERANDI: ------------------------------------------------------------------------------ UCR INCIDENT-CRIME-CODES DESCRIPTION #CT ------------------------------------------------------------------------------ 1140 28 3922 A1 THEFT BY DECEP-FALSE IMPRESSION 1 ------------------------------------------------------------------------------ NOFF A/C LOC #PREM SUSP-USE CRIM-ACT WEAP/FORC-USED BIAS ------------------------------------------------------------------------------ 23H c 20 00 N 00 00 00 99 METRO THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM (ICRIPINC) PAGE: 2 . 03/31/05 RLE1 CARC INC#: CAR 20041001030 DT,TM: 2004 10 24 0142 KATHRYN ROWLES ------------------------------------------------------------------------------ RSA: WF 67 M ------------------------------------------------------------------------------ REPORTS: 01IC VICT DOB: 361122 SS#: ADDR: 339 GARLAND DR CARLISLE PA 17013 EMPL: NONE ADDR: 00000 OLN: WANT CHK: VICTIM - CO-OP: Y TYP-INJ: N TAKEN TO: COMM: CDS: 4 RESIDENT STATUS: R DJ,CRT APPEAR: 2 HISP: N CUBN: N PHONE: 717 243 6384 OCCUP: WRK HRS: PHONE: 717 000 0000 CONn: MED AID: NOTIFIED KIN: , COR: IDA: KAATHY SMITH ------------------------------------------------------------------------------ RSA: WF 40 JEAN ------------------------------------------------------------------------------ REPORTS: 01IC SUSP ARREST#: DOB: 641022 SS#: 171546038 ADDR: 265 LINCOLN ST CARLISLE PA 17013 EMPL: NONE ADDR: 00000 OLN: WANT CHK: COMM: CDS: 4 DJ/CRT APPEAR: 2 C/F: RESIDENT STATUS: R HISP: N CUBN: N PHONE: 717 245 2702 OCCUP : WRK HRS: PHONE: 717 000 0000 CONNIE BLACK ------------------------------------------------------------------------------ RSA: WF 55 60 L ------------------------------------------------------------------------------ REPORTS: 01IC VICT DOB: 460000 SS#: ADDR: 11 RIDGEWAY DR MECHANICSBURG PA 17013 EMPL: NONE ADDR: 00000 om: WANT CHK: VICTIM - CO-OP: Y TYP-INJ: N TAKEN TO: COMM: CDS: 4 RESIDENT STATUS: N DJ, CRT APPEAR: 2 HISP: N CUBN: N PHONE: 717 796 2242 OCCUP: WRK HRS: PHONE: 717 000 0000 CONn: MED AID: NOTIFIED KIN: ,COR: , DA: SHARON GALBRAITH ------------------------------------------------------------------------------ RSA: WF 60 65 DNK ------------------------------------------------------------------------------ REPORTS: 01IC VICT DOB: 410000 SS#: ADDR: 224 GARLAND DR CARLISLE PA 17013 EMPL: NONE ADDR: 00000 OLN: WANT CHK: VICTIM - CO-OP: Y TYP-INJ: N TAKEN TO: COMM": CDS: 4 RESIDENT STATUS: R DJ, CRT APPEAR: 2 HISP: N CUBN: N PHONE: 717 249 6403 OCCUP : WRK HRS: PHONE: 717 000 0000 COND: MED AID: NOTIFIED KIN: , COR: ,DA: METRO THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM (ICRIPINC) PAGE: 3 03/31/05 RLE1 CARC INC#: CAR 20041001030 DT,T.M: 2004 10 24 0142 ------------------------------------------------------------------------------ ROBERT UNK PAXTON RSA: WM 75 78 ------------------------------------------------------------------------------ REPORTS: 01IC VICT DOB: 270000 SS#: ADDR: 7 RIDGEWAY DR MECHANICSBURG PA 17050 EMPL: NONE ADDR: 00000 OLN: VICTIM - CO-OP: TAKEN TO: WANT CHK: CDS: 5 DJ,CRT APPEAR: 2 RESIDENT STATUS: R HISP: N COON: N PHONE: 717 697 5919 OCCUP : WRK HRS: PHONE: 717 000 0000 COND: MED AID: NOTIFIED KIN: , COR: , DA: TYP-INJ: COMM: METRO THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM (ICRIPINC) PAGE: 4 . 03/31/05 RLE1 CARC INC#: CAR 20041001030 DT,TM: 2004 10 24 0142 ------------------------------------------------------------------------------ STATUS: 0 REPORT NO : 01 IC INITIAL CRIME ------------------------------------------------------------------------------ LOC, GRID: REPORT OFF: VEE INFO: ASSIGN OFF: APPROV OFF: r:v HANDBK: N SEC SURVEY: N ARREST (S): N FOLLOW UP: A CARLISLE PA 0300 01/20/05 0919 PLAT: SECT: D LIGHT: G WEATHER: C TEMP: 999 F 00/00/00 DUE: 31 BARRY E WALTERS 00/00/00 PCCD V /W FORM: N DOM RELAT FORM: N DEFERR PROSECUT: N DA REQ FOR HEAR: FURTHER ARRESTS: N CRIM SUMMONS: N REC ASSIGN TO: D NCIC CRIM HIST: N GARLAND DR 9 RONALD 00339 L EGOLF INS, OUT: I EXT SIGNED DOC: N STMT / CONFESS: N WARRANT: N CITY PROP DAM: ON 08-31-2004 KATHRYN ROWLES CAME TO THE STATION ALONG WITH HER ATTORNEY AND WANTED TO TELL ME OF A KATHY AND CURTIS SMITH GETTING MONEY FROM HER. MRS ROWLES PROCEEDED TO TELL ME HOW SMITH SWINDLED HER OUT OF APPROX.$70,OOO.OO. MRS ROWLES SAID KATHY SMITH WHO IS HER NEICE CAME TO HER APPROX. TWO YEARS AGO AND TOLD HER SHE HAD A COURT CASE ON SUPPORT PAYMENTS AND HER ATTORNEY FOR THIS WAS RONALD TURO. THE CASE WAS THEN TURNED OVER' TO THE FEDERAL COURTS BECAUSE THE FATHER OF HER CHILDREN HAD A VERY EXTENSIVE AMOUNT OF ASSETS THAT HE WAS GOING TO INHERIT. SOME OF HIS ASSETS WERE GOING TO BE TURNED OVER TO MRS SMITH INSTEAD OF CASH SUCH AS AN ORANGE GROVE IN FLORIDA, A SEEING EYE DOG SCHOOL,AN OIL WELL IN OKLAHOMA.A DIAMOND MINE IN MEXICO,AND A CHEESE FACTORY IN WISCONSIN. SMITH SAID THE REASON TURO COULD NOT HANDLE THIS ANYMORE SINCE BEING TURNED OVER TO THE FEDERAL GOVERNMENT AND A NEW ATTORNEY FIRST NAME UNKNOWN BUT HIS LAST NAME WAS MCGRATH WHO IS AN ATTORNEY AT THE LAW SCHOOL. SMITH TOLD MRS ROWLES DUE TO THE EXTENSIVE LITIGATION SHE WAS UNABLE TO PAY THE ATTORNEY FEES 100) ASKED IF SHE COULD BORROW MONEY. OVER THE PAST TWO YEARS MRS ROWLES SAID SHE HAS GIVEN APPROX. $70,000.00 TO KATHY SMITH. MRS ROWLES SAID SINCE SHE BELIEVED WHAT KATHY SMITH WAS TELLING HER WHEN MRS ROWLES HAD NO MONEY LEFT SHE WENT TO SOME OF HER FRIENDS AND ASKED IF THEY WOULD GIVE KATHY SMITH MONEY FOR HER LITIGATION. SMITH SAID ONCE EVERY THING WAS DONE SHE WOULD REIMBURSE EVERYONE THAT HAD GIVEN HER CASH. SMITH ALSO TOLD MRS ROWLES SHE WAS GIVING HER A LINCOLN FOR EVERYTHING SHE DID FOR HER AND ALSO ASKED ROWLES IF SHE AND HER HUSBAND WANTED TO MANAGE THE ORANGE GROVE IN FLORIDA FOR HER ONCE SHE GOT IT. DURING THIS TIME FRAME ALSO KATHY SMITH TOLD MRS ROWLES SHE WAS GOING TO ALSO INHERIT $300,00.00 FROM AN UNCLE WHO HAD RECENTLY DIED. SMITH SAID THERE WAS A FEW CONDITIONS THAT SHE WAS TO DO PRIOR TO INHERITING THE $300,00.00. SMITH TOLD ROWLES SHE HAD TO COMPLETE A MILITARY SCHOOL PRIOR TO COLLECTING THE MONEY, AND SMITH HAD TO PAY FOR THE SCHOOL HERSELF. SMITH TOLD MRS ROWLES SHE WAS GOING TO BE HAVING PRIVATE LESSONS GIVEN TO HER AND SHE WAS GOING TO BE MEETING THE INSTRUCTOR AT THE SUPER 8 MOTEL ON THE WALNUT BOTTOM ROAD. SMITH WOULD HAVE KATHERYN GO TO THE MOTEL GET A ROOM FROM THE MONEY SMITH WOULD GIVE HER AND THEN SHE WOULD COME BACK TO SMITH AND GIVE HER THE KEY. THEN ROWLES WOULD WAIT OUTSIDE THE MOTEL FOR TWO TO THREE HOURS TILL SMITH WOULD COME BACK TO THE CAR FROM HER LESSON. MRS ROWLES SAID THAT ONE TIME WHILE AT THE MOTEL SMITH SAW SOMEONE SHE RNEW AND THEN HAD ROWLES TAKE HER TO THE SUPER 8 MOTEL ON THE CARLISLE PIKE. METRO THE HARRISBURG AREA POLI~E INFORMATION RESOURCE SYSTEM (ICRIPINC) PAGE: 5 ' 03/31/05 RLE1 CARC INC#: CAR 20041001030 DT,TM: 2004 10 24 0142 ------------------------------------------------------------------------------ REPORT NO : 01 IC INITIAL CRIME STATUS: 0 ------------------------------------------------------------------------------ THROUGHOUT THIS ENTIRE INCIDENT KATHY SMITH TOLD MRS ROWLES THERE WAS PRIVATE INVESTIGATORS INVOLVED. ALSO SMITH TOLD MRS ROWLES THERE WAS A FEDERAL JUDGE FROM PHILADELPHIA ALSO INVOLVED. SI'1ITH TOLD MRS ROw"LESTHATTHE J'"LJDGE WAS SEQUESTERING MRS ROWLES AND THAT ROWLES WAS MADE STAY AT SMITHS RESIDENCE. ONE TOME ROWLES STAYED AT SMITHS RESIDENCE ON LINCOLN ST. FOR SIX WEEKS WHICH SHE WAS NOT ALLOWED TO LEAVE THE ENTIRE TIME. THERE WERE OTHER TIMES WHEN SMITH TOLD MRS ROWLES SHE WAS FINED BY THE JUDGE AND SHE HAD TO PAY A FINE. SMITH SAID SHE WAS TO PAY THE FINE DIRECTLY TO HER. I ASKED ROWLES IF SHE EVER SAW ANY TYPE OF PAPERWORK AND SHE SAID NO. ALSO THE JUDGE WHO MRS ROWLES DID NOT KNOW HIS NAME PLACED A GAG ORDER ON ROWLES WHICH SHE NOT ALLOWED TO DISCUSS ANY OF THE INCIDENTS WITH ANYONE. MRS ROWLES SAID SMITH CAME TO HER AND TOLD HER THAT HER DEAD UNCLES MONEY WAS GOING TO BE TURNED OVER TO SMITH ON SEPTEMBER 30TH,2004 IN PHILADELPHIA. SMITH SAID THE JUDGE ORDERED MRS ROWLES TO BE IN COURT ON CERTAIN FACTS AND THEN SMITH WOULD BE AWARDED THE MONEY. SMITH TOLD HER A MILITARY TRANSPORT WOULD BE PROVIDING THE TRANSPORTATION FOR HER AND SMITH BUT THIS NEVER OCCORED. MRS ROWLES ALSO TOLD ME THAT K)\THY SMITHS HUSBAND CURTIS SMITH WAS SUPPOSED TO BE ON PUBLIC ASSISTANCE, BUT WAS BRAGGING TO PEOPLE HE HAD $60,000.00 IN A BANK ACCOUNT. IN TALKING TO MRS ROWLES SHE TOLD ME OF THE OTHER PERSONS THAT SHE KNEW GAVE MONEY TO HER TO GIVE TO SMITH WHICH WAS A SHARON AND WILLIAM GALBRAITH OF 224 GARI.JOO) DRIVE CARLISLE, GARY AND CONNIE BLACK OF 11 RIDGEWAY DRIVE MECHANICSBURG PA,AND A ROBERT AND MARIAN PAXTON OF 7 RIDGEWAY DRIVE MECHANICSBURG PA. AFTER TALKING TO MRS ROWLES I WAS TOLD THAT THE PERSON THAT KATHY SMITH WAS MEETING AT THE MOTELS WAS A ROBERT VOGELSONG WHO RESIDES AT THE FRIENDSHIP FIRE COMPANY LOCATED ON SPRING ROAD CARLISLE. MYSELF AND DET RONNIE NESTER WENT TO THE FIRE HOUSE AND TALKED TO VOGELSONG. VOLGELSONG SAID THAT HE WAS MEETING KATHY SMITH AT THE MOTELS WITHOUT HER HUSBAND KNOWING. HE NEVER HEARD THE REASONS I TOLD HIM THAT ROWLES TOLD ME. VOGELSONG ALSO TOLD ME HE HAD GIVEN SMITH MONEY ALSO. ON 10-14-2004 MRS ROWLES ALONG WITH SHARON AND WILLIAM GALBRAITH CAME TO THE STATION AND WANTED TO TALK TO ME IN REF. TO THE MONEY THEY ALSO GAVE. MRS GALBRAITH GAVE ME A REPORT SHE MADE SHOWING THEY GAVE $8,675.00 TO SMITH IN CASH AND CHECKS. ALSO EACH TRANSACTION WAS SHOWN AND THE DATE THE MONEY AND HOW MUCH WAS GIVEN. THE REASON THE GALBRAITHS GAVE THE MONEY WAS BECAUSE MRS ROWLES TOLD THEM THAT KATHY SMITHS SONS PATERNAL GRANDFATHER HAD DIED A-~ ALSO SMITHS BIOLOGICAL FATHER HAD DIED. SMITHS SON WAS GOING TO INHERIT VARIOUS KINDS OF BUSINESSES SUCH AS A CAR DEALERSHIP, OIL WELLS AND FOOD BUSINESSES. THERE WERE MANY THINGS THAT STOOD IN THE SONS WAY OF HIS INHERITANCE I AND THAT WAS THE REASON SMITH NEEDED THE CASH. AFTER TALKING TO THE GALBRAITHS I RECEIVED A CALL FROM CONNIE BLACK OF II RIDGEWAY DRIVE MECHANICSBURG FA. MRS BLACK ALSO GAVE CASH IN THE AMOUNT OF $132,415.00 TO ASSIST KATHY SMITHS SON TO GAIN HIS INHERITENCE. MRS BLACK SAID SHE STARTED TO RECEIVE CALLS FROM MRS ROWLES ASKING FOR MONEY TO HELP KATHY SMITHS SON. EACH TIME MRS BLACK SAID THEY HAD NO MONEY TO HELP HER. METRO THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM (ICRIPINC) PAGE: 6 . ' 03/31/05 RLEl CARC INC#: CAR 20041001030 DT,TM: 2004 10 24 0142 ------------------------------------------------------------------------------ REPORT NO : 01 IC INITIAL CRIME STATUS: 0 ------------------------------------------------------------------------------ THEN ON 08-11-2003 THEY FINALLY GAVE ROWLES A CHECK FOR $500.00 WHICH THEY TOOK TO ROWLES. THEN IN AUGUST THEY AGAIN GAVE 2- MORE CHECKS TOTALLING $2,450.00. BLACK SAID AFTER THAT SHE DID NOT HEAR ANYTHING TILL JANOARY 2004,WHICH SHE AGAIN GAVE $'625 .00 IN CASH. THE MONEY SHE WAS GIVING SMITH AT THE TIME TO FOR THE CASE INVOLVING SMITH VS. MONAHEIGHT CASE #9748 WHICH WAS IN THE FEDERAL COURT SYSTEM. ROWLES PROMISED IF THEY HELPED SMITH THEY WOULD GET ALL THE MONEY BACK PLUS THEIR HOUSE PAID OFF. BLACK AND HER HUSBAND LEFT FOR FLORIDA THE END OF FEBRUARY. WHILE THEY WERE IN FLORIDA ROWLES CALLED AND BLACK AGAIN GAVE $1,320.00. AFTER RETURNING FROM FLORIDA ROWLES AGAIN KEPT CALLING FOR MORE CASH.. BLACK SAID THEY GAVE A TOTAL OF $39,855.00 THRU MAY OF 2004. BLACK THEN TOLD ROWLES SHE WANTED TO MEET KATHY SMITH WHICH SHE NEVER HAD TALKED TO HER PRIOR TO THIS. AFTER MEETING SMITH SMITH THEN STARTED CALLING BLACK STATING SHE NEEDED CASH FOR THE CASE TO ASSIST IN DEEDS SURVEYING BACK TAXES AND TRANSFER DEEDS. SMITH THEN TOLD HER ABOUT ALL OF THE THINGS HER SON WAS GOING TO INHERIT. CONNIE BLACK THEN WAS PROMISED THEY WERE GOING TO BE ASSISTING IN RUNNING BUSINESSES ALONG' WITH AN ATTORNEY MCCRAWL. SMITH TOLD MRS BLACK SHE NEEDED THEIR SSN. PHONE NUMBERS OPERATORS LICENSE AND ALL OF THIS INFORMATION WAS GOING TO BE PICKED UP BY A FEMALE BY THE NAME OF flBEVII NO LAST NAME KNOWN TAKEN TO THE CARL BARRICKS AND FAXED TO AN ATTORNEY MCCRAWL. MRS BLACK THEN STARTED TAKING KATHY SMITH AFTER PICKING SMITH UP AT HER RESIDENCE LOCATED AT 265 LINCOL ST. BLACK WOULD THEN TAKE SMITH TO BLACKS BANK AT MEMBERS 1ST WHICH BLACK WOULD WITHDRAWL CASH. SHE THEN GAVE SMITH THE MONEY AND TAKE SMITH TO THE M&T BANK LOCATED ON S. SPG. GDN . STREET. SMITH WOULD GO IN THE BANK AND BLACK THOUGHT SHE DEPOSITED THE MONEY INTO HER ACCOUNT. THEN THE ATTORNEY MCGRAWL OR HIS SECRETARY LISA NEESE WOULD WITHDRAWL THE CASH. AFTER SMITH WAS EXITING THE BANK SHE WAS ON HER CELL PHONE AND BLACK THOUGHT SHE WAS CALLING THE ATTORNEY. MRS BLACK SAID SHE USED FOUR CREDIT CARDS WHICH SHE AND HER HUSBAND MAXED OUT, MORTGAGED A SECOND MORTGAGE ON HER HOME 1 AND USED ALL OF HER HUSBANDS INHERITENCE HE GOT FROM HIS PARENTS,AND CASHED IN ON INSURANCE POLICIES,AND ALSO CASHED A RETIREMENT INVESTMENT FOR $15,000.00 WHICH THEY TOOK A $1,600.00 PENALTY. AS I WAS TALKING TO MRS BLACK SHE ALSO TOLD ME OF HER MOTHER AND FATHER ROBERT AND MARIAN PAXTON WHO IS HER MOTHER AND FATHER ALSO GIVING MONEY IN THE AMOUNT OF $5,150.00 TO KATHRYN ROWLES. MRS BLACK GAVE ME A PAPER WITH THE DATES CHECK NUMBERS AND THE AMOUNTS OF THE CHECKS. AFTER I TALK TO THE VICTIMS I CONTACTED KATHY SMITH AND ASKED HER IF SHE WOULD COME TO THE STATION. AFTER I TALKED TO MRS SMITH I RECEIVED A CALL FROM MIKE SCHEARER AN ATTORNEY FOR MRS SMITH. MR SCHEARER SAID HE WANTED TO COME TO THE STATION ALONG WITH SMITH. A DATE WAS SET FOR BOTH TO COME TO THE STATION. AFTER ARRIVING AT THE STATION I ASKED KATHY SMITH ABOUT ALL OF THE MONEY SHE GOT FROM PERSONS. SMITH SAID THAT SHE RESEIVED A CALL FROM A LISA MEESE IN VA. MEESE TOLD HER IN ORDER TO GET MONEY SHE WOULD HAVE TO SEND HER MONEY. SMITH SENT HER $800.00. THIS WOULD GET THE BUSINESSES FROM EARNIE MONHEIT AND OTHER ASSETS. SBURG AREA POLICE INFORMATION RESOURCE SYSTEM (ICRIPINC) 03/31/05 RLE1 CARC 030 DTtTM: 2004 10 24 0142 ------------------------------------------------------------ INITIAL CRIME STATUS: 0 ------------------------------------------------------------ ASKED WHICH BANKS SHE HAD ACCOUNTS WITH AND SHE SAID M&T AND ERS 1ST. TOLD SMITH IN FRONT OF HER ATTORNEY I WAS GETTING SEARCH ANTS FOR HER BANK RECORDS t AND WHEN I GOT EVERYTHING THAT I ED I WOULD CALL HER AND HER ATTORNEY TO COME BACK. SE CONTINUING. MET:tO THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM (ICRIPINC) PAGE: 8 ' ' 03/31./05 RLEl CARC INC#: CAR 20041001030 DT,TM: 2004 10 24 0142 ------------------------------------------------------------------------------ STATUS: 0 REPORT NO : 02 SP SUPPLEM~~TAL ------------------------_._---------------------------------------------------- LOC I GRID: REPORT OFF: VEH INFO: ASSIGN OFF: APPROV OFF: CV HANDBK: SEC SURVEY: ARREST (8) : FOLLOW UP: A 00339 CARLISLE PA 0300 L EGOLF 02/26/05 0939 PLAT: SECT: D INS, OUT: LIGHT: WEATHER: TEMP: F 31 BARRY E WALTERS 01/21/05 DUE: 50205 31 BARRY E WALTERS 02/05/05 PCCD V /w FORM: DOM RELAT FORM: DEFERR PROSECUT: DA REQ FOR HEAR: FURTHER ARRESTS: CRIM SUMMONS: REC ASSIGN TO: D NCIC CRIM HIST: N GARLAND DR 9 RONALD EXT SIGNED DOC: STMT / CONFESS: WARRANT ~ CITY PROP DAM: AFTER TALKING TO KATHY SMITH I SERVED SEARCH WARRANTS ON THE BANKS SHE SAID SHE HAD BEEN WITH AND AS OF 02-14-2004 I RECEIVED THE INFORMATION. I WILL BE FOLLOWING UP WITH THIS INCIDENT. METRO THE HARRISBURG AREA POLICE INFORMATION RESOURCE SYSTEM (ICRIPINC) PAGE: 9 , , 03/31/05 RLE1 CARC INC#: CAR 20041001030 DT,TM: 2004 10 24 0142 -------------------------------------------------------------~---------------- REPORT NO : 03 SP SUPPLEMENTAL STATUS: 0 ------------------------------------------------------------------------------ LOC, GRID: REPORT OFF: VEH INFO: ASSIGN OFF: APPROV OFF: CV HANnBK: SEe SURVEY: ARRE8T (8) : FOLLOW UP: A GARLAND DR 9 RONALD 00339 CARLISLE PA 0300 L EGOLF 03/30/05 0807 PLAT: SECT: D INS, OUT: LIGHT: WEATHER: TEMP: F 31 BARRY E WALTERS 02/28/05 DUE: 50315 31 BARRY E WALTERS 03/15/05 peen v /w FORM: DOM RELAT FORM: DEFERR PROSECUT: DA REQ FOR HEAR: FURTHER ARRESTS: CRIM SUMMONS: REC ASSIGN TO: D NCIC CRIM HIST: N EXT SIGNED DOC: STMT / CONFESS: WARRANT: CITY PROP DAM: AFTER I SERVED SEARCH WARRANTS ON KATHY SMITHS BANK ACCOUNTS I RECEIVED THE INFORMATION FROM M&T AND MEMBERS 1ST BANKS. ONCE I LOOKED AT THE INFORMATION SENT ME I CONTACTED MRS ROWLES AND ALSO CONNIE BLACK AND ASKED IF THEY WOULD ALSO SEND ME COPIES OF THEIR CHECKS AND BANK STATEMENTS SHOWING WHAT THEY GAVE TO KATHY SMITH. MRS ROWLES SAID SHE GAVE EVERYTHING TO HER ATTORNEY STEPHANIE CHERTOK. I CONTACTED MRS CRERTOK AND I WAS SENT ALL OF ROWLES INFORMATION. SINCE I CONTACTED CONNIE BLACK I HAD NOT RECEIVED ANY OF HER CHECKS OR STATEMENTS/SO I CONTACTED HER ON 3-29-2005. IN TALKING TO MR.S BLACK SHE TOLD ME SHE WAS ADVISED BY AN ATTORNEY NOT TO SEND ME ANY OF HER STATEMENTS OR CHECKS. WHEN I ASKED MRS BLACK THE NAME OF HER ATTORNEY SHE REFUSED TO TELL ME. I EXPLAINED TO HER THAT WITHOUT THE INFORMATION NEEDED TO FOLLOW UP ON THE CASE I WAS UNABLE TO PURSUE THE MONEY SHE HAD STOLEN I AND I WAS CLOSING HER PART OF THIS CASE OF HER AND HER PARENTS ROBERT AND MARIAN PAXTON. I WILL STILL FOLLOW UP ON KATHRYN ROWLES AND THE GALBRAITHS. METRb THE HARRISBURG AREA POLICE INFO~~TION RESOURCE SYSTEM (ICRIPINC) PAGE: 10 . . 03/31/05 RLE1 CARC INC#: CAR 20041001030 DT,TM: 2004 10 24 0142 ------------------------------------------------------------------------------ REPORT NO : 04 SP SUPPLEMENTAL STATUS: 0 ------------------------------------------------------------------------------ LaC, GRID: REPORT OFF: VEH INFO: ASSIGN OFF: APPROV OFF: CV HANDBK: SEC SURVEY: ARREST (S) : FOLLOW UP: GARLAND DR 9 RONALD 31 BARRY 00339 L EGOLF INS, OUT: E WALTERS 0300 00/00/00 0000 PLAT: SECT: D LIGHT: WEATHER: TEMP: F 03/30/05 DUE: 50414 04/14/05 DOM RELAT FORM: DA REQ FOR HEAR: CRIM SUMMONS: NCIC CRIM HIST: EXT SIGNED DOC: STMT / CONFESS: WARRANT : CITY PROP DAM: PCCD v/w FORM: DEFERR PROSECUT: FURTHER ARRESTS: REC ASSIGN TO: STEPHANIE E. CHERTOK, ESQUIRE FA Supreme Court ID: 52651 61 W. Louther Street Carlisle, P A 17013 (717) 249-1177 CINDY 1. HRIBAL, ESQUIRE PA Supreme Court ill: 202325 61 W. Louther Street Carlisle, PA 17013 Attorneys for Plaintiff KATHRYN M. ROWLES Plaintiff : IN THE COURT OF COMM:OM PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2084 v. : CIVIL ACTION - LA W KATHY JEAN SMITH and CURTIS SMITH, Defendants : JURYTRlALDEMANDED CERTIFICATE OF SERVICE I, Cindy L. Hribal, Esq., hereby certify that a true and correct copy of the Answer to Plaintiffs' Complaint and New Matter was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Kathy Smith and Curtis Smith 265 Lincoln Street Carlisle, P A 17013 Date: q/ac;hG . ' EXIlI13lrr 13 \V\1~' '\ \.,\0 C\, \']., 1.I~i ~ \ DATE: 8/22/2006 TO: STEPHANIE E. CHERTOK, ESQ. GREGORY S. HAZLETT ATTORNEY AT LAW 1 WEST MAJN STREET MECHANlCSBURO, PENNSYLVANIA 17055 Phone: (717) 790.5500 IELECOPIER TRANSMITTAl. FORM: TELECOPIER PH01\TE NUMBER: (717) 790-9279 TELECOPY NO: REi PLEASE DISCONTThruE CIVIL A('TION---ROWLES VS. SMITH 06-2084 CHAP1;ER 13 BANKRUPTCY FILED 8125J2006-CASE;; 06-018U-MIDDLE DISTRICT OF PENNSYLVANIA KATHY & CURTIS SMITH FROM: Ore~wrY S. Hazle~ Esquire NO. OF PAGES (lNCLUDING TRANSWIT AL FORM): MEMO: THANKING YOU IN ADVANCE FOR YOUR COOPERATION. *w***************************************************************************** The documents accompanying this telecopy transmission contain information from the Law Finn of Gregory S. Hazlett, Me,chanicsburg, PellllSylvama, which is confidential and/or legally privileged. The infomlation is intended only for the use of the indiyidual or entity named within this traIlsmission sheet. If you are not the intended recipient, you are hereby notified that any disclosure. copying, distribution or the taking of any action ill reliance on. the contents of this telecopy's information is strictly prohibited, and that the documents should be returned to this firm immediately. In this regard, uyou have received this telecopy in error~ please notify us by collect Telephone call immediately so that we can arrange for the return of the original documents at no cost to you. us Be PAM - LIVE - VERSION 3.0L'- NoticeOfFiling Page 1 of2 . United States Bankruptcy Court Middle District of Penn.sylvania Notice of Bankruptcy Case Filing A bank'1.'Uptcy case concern.ing the debtor(s) listed below was filed under Chapter 13 of the United States Bankruptcy Code~ entered on 08/25/2006 at 7:50 PM and filed on 08/25/2006. Kathy J. Smith 265 Lincoln Street Carlisle, PA 17013 SSN: xxx-xx-6038 Curtis E. Smith, Sr. 265 Lincoln Street Carlisle, PA 17013 SSN: xxx-xx-0549 The case was filed by the debtor's attorney: The bankruptcy trustee is: Charles J. DeHart, ill (Trustee) 8125 Adams Drive, Suite A Hummelstown. P A 17036 717 566-6097 The case was assigned case nwnber 1 :06-bk-O 1811-MDF to Judge Mary D France. Gregory S Hazlett 7 West Main Street Mechanicsburg, PA 17055 717790-5500 In most instances, the f1ling of the bankruptcy case automatically stays certain collection and other actions against the debtor and the debtor's property. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. If you attempt to collect a debt or take other action in violation of the Bankruptcy Code, you may be penalized. Consult a lawyer to detennine your rights in this case. If you would like to view the bankruptcy petition and other documents filed by the debtor, they are available at our Internet home page http://www.pamb,uscourts.gov/ or at the Clerk's Office, U.S. Bankruptcy Court, Ronald Reagan Federal Building, PO Box 908, Harrisburg, PA 17108. You may be a creditor of the debtor. If so, you will receive an additional notice from the court setting forth important deadlines. Arlene Byers Clerk~ U.S. Bankruptcy Court l! PA~ER Service Ce~ter ~Jj 11 /' " 1 .,. "....t _..-...... -'-- - ----- IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN THE MATTER OF: KATHY J. SMITH CURTIS E. SMITH, SR. Chapter: 13 Case Num ber: 1-06-bk-01811 DEBTOR(S) CERTIFICATE OF SERVICE I certify that I am more than 18 years of age and that on ~h,,/L . 20tJ Ie, ov.A~~M[klbzt~~ . . I served a copy of PIe a s e see a t t a c h e d 1 i s t : ~r lel,:.h.VS ) "kbh>\'", 1>d1'bri {uvl"I~I,-tY~ FI rS~ da.ss ~ J 1 certify under penalty of perjury that the foregoing is true and correct. Date:~ Name: S;'S+"'~h"'(\;~ ';'.C~tk Printed ame of Attorney. Address: &1 \..U.fJvtj,(f ~+. G.xl(~ILi M I~C; 13 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN THE MATTER OF: KATHY J. SMITH CURTIS E. SMITH, SR. KA T,HRYN M. ROWLES } Debtor(s) Chapter: 13 } Movant(s) Case Number: 1-06-bk-01811 Document No.: 8 vs. } Respondent(s) Description of Motion(s): Relief from Stay KATHY J. SMITH CURTIS E. SMITH, SR. ORDER SETTING ANSWER DATE AND HEARING Unless earlier served through CM/ECF, IT IS ORDERED that service of this Order and the above- referenced Motion shall be made on the debtor, debtor's counsel, trustee and in Chapter 11 cases upon the U.S. Trustee and the individuals identified in F.R.B.P. 4001(a)(1) and L.B.R. 4001-5 by the moving party and certification of service filed with this Court within five (5) days from the date hereof. IT IS FURTHER ORDERED that responses to such Motion must be served upon the moving party and a copy filed with this Court, within fifteen (15) days from the date of this Order. If no Response is filed, relief may be granted. If responses are filed, a final hearing on said Motion and Responses will be held: DATE: TIME: October 24, 2006 9:30 a.m. PLACE: Bankruptcy Courtroom, Third Floor The Ronald Reagan Federal Building Third and Walnut Streets Harrisburg, Pennsylvania BY THE COURT, ?J ~a~J- Ban ~ Judge (RCP) Date: September 27, 2006 This document is electronically signed and filed on the same date. Initial requests for a continuance of hearing or telephone conference ( L.B.F. 5071-1, Request to Continue HearinglTrial with Concurrence) or requests for a telephone conference shall be filed with the Court Requests received by the Court within twenty-four (24) hours of the hearing will not be considered except in emergency situations. Additional requests for continuance must be flied as a Motion. Electronic equipment, Including cell phones, pagers, laptops, etc., will be inspected upon entering the Courthouse. These devices may be used In common areas and should be turned off upon entering the Courtroom and Chambers. Photo Identification is reauired UDon enterina. MDPA-FH362A.,^"T - REV 03.ll6 \ 1:06-bk-01811-MDF Kathv1Jean Smith and Curtis E. Smith _.J /".- Case type: bk Chapter: 13 Asset: Yes Vol: v Judge: Mary D. France Date Filed: 08/25/2006 Dates of last filing: 09/18/2006 Creditors Allied Interstate Inc. 435 Ford Rd. Suite 800 Minneapolis, MN 55426 Apex Asset Management 1891 Santa Barbara Drive Suite 509042 Lancaster, PAl 7601 Asset Acceptance LLC P.O. Box 2036 Warren, PA 48090 Capitol One Bank c/o Tsys Debt Management P.O. Box 5155 Norcross, GA 30091 Capitol One Bank P.O. Box 85015 Richmond, VA 23285 Capitol One Services 15000 Richmond Richmond, VA 23238 CMI Group LP 4200 International Parkway Carrollton, TX 75007 Commercial Acceptance Co 4807 Jonestown Rd. Suite 247 Harrisburg, P A 17109-1739 Commonwealth of Pennsylvania Clerk of Courts Common Pleas 1 Court House Square Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Labor and Industry P.O. Box 67503 Harrisburg, PA 17106-7503 1 .. Credit Bureau of York 33 South Duke St. York, PA 17401-1401 Credit Solutions Corp 9577 Chesapeake Drive San Dieago, CA 92123 DeArmond & Hazlett 22-C East Roseville Rd. Lancaster, PA 17601 Debt Recovery Solutions LLC P.O. Box 9001 Westbury, NY 11590-9001 Direct TV P.O. Box 78626 Phoenix, AZ 85062-8626 First National Collection Bureau Dept. 940 P.O. Box 4115 Concord, CA 94524 Connie and Gary Black 11 Ridgeway Dr. Mechanicsburg, PA 17055 Jon Barry & Associates 216 Le Phillip Court Concord, NC 28025-2954 Keith O'Brenneman, Esq. 44 West Main St. Mechanicsburg, P A 17055 Merchants Credit Guide Co. Executive Offices 223 West Jackson Blvd. Chicago, IL 60606 National Recovery Agency 4201 Crums Mill Rd. Harrisburg, PA 17112 Nco Financial Systems Inc. P.O. Box 41466 Philadelphia, P A 19101 . '....~ 2 r .. Palisades Collection LLC 210 Sylvan Ave. Englewood, NJ 07632 Park Dansan 113 West 3rd Ave. P.O. Box 248 Gastonia, NC 28052-4320 Penn Credit Corporation P.O. Box 988 Harrisburg, PA 17108 Providian Financial P.O. Box 9180 Pleasanton, CA94566 Robert & Marion Paxton 7 Ridgeway Dr. Mechanicsburg, PA 17055 Sharon & William Galbraith 224 Garland Dr. Carlisle, P A 17013 Sprint! Embarq P.O. Box 96064 Charlotte, NC 28296-0064 Statewide Tax Recovery 100 North Third St. P.O. Box 752 Sunbury, PA 17801 Statewide Tax Recovery P.O. Box 752 Sunbury,PA 17801 UGI Group of Reading P.O. Box 13009 Reading, PA 19612-3009 Charles DeHart, III 8125 Adams Drive, Suite A Hummelstown, P A 17036 United States Trustee P.O. Box 969 Harrisburg, PA 17108 ~ . 411I' ~ 3 . . ... .....~ .-- ~ L'-::> t.:::::> ;;:.;r"lo o 11 --/ ::c 11 nl- r- IT': c::::; I C' ,~I :;~ ::'') ;i, CJ (-') --I , N ::0 --~. r.,-;, c,) I.D