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HomeMy WebLinkAbout06-2183COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. OG'' : I3 Uiu1 NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. A (LNAF 1 _ kNJ -4 N nl f?cf - /))-CA Tf v ?rn n<.?-, P\ p Y-.P\ I 1-TC&j Z 4 Cv -- Mq -C! u, was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. signature of Pnulex rotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appel(ee(s), to file a complaint in this appeal Name orappellea(s) (Common Pleas No. _?7(?, c ?, 3 ('urn d )within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attomey or agent RULE: To appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: GL flt 20 e) X1??-?nLLL. 714 Signature of Pmthon> puty YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTirrRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE-COURT FILE TO BE FILED WITH PROTHONOTARY GREEN-COURTFILE YELLOW- APPELLANT'S COPY PINK- COPY TO BE SERVED ON APPELLEE GOLD-COPY TO BE SERVED ON OISTRICTIUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) MAYS AFTER filing of the notice of appeal. Check eppffcabte boxes. j COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT. I hereby {swear) (affirm} that I served a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated Iherefn on (date of service) , 20 by personal service y p L? by {certified} {regi tBred) mail, sender's receipt attached hereto, and upon the appeiilee, (name) on 20 ® by personal service ? by {certified} {registered) mail, sender s receipt attached hereto. (SWORN) (AFFIRMED} AND SUBSCRIBED BEFORE ME THIS DAY OF 20 >.ynafon, ri aeiran, Signature of ofriro! before whom affidli it wasrn?ve Title of of oal My commission expires on rOM%,ONWEALTH.OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.? 09-3-04 MDJ Name: Hon. THOMAS A. PLACEY AtlaleSSi 104 S SPORTING HILL RD MECHANICSBURG, PA Teiephooe: (717.) 761-8230 17050 RACHAEL E. WYNN 851 STAINS CHURCH ROAD HALIFAX, PA 17032 THIS IS TO NOTIFY YOU THAT: - ';- - Judgment:- -- Judgment was entered for: NOTICE: OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS FDAVIS, JAMES S 516 BEDFORD COURT MECHANI:CSBURG, PA 17050 L J VS. DEFENDANT: NAME and ADDRESS - (WYNN, RACHAEL E 7 851 STAINS CHURCH ROAD HALIFAX, PA 17032 L J Docket No.: CV-0000009-06 Date Filed: 1/04/06 (Name) avr9, Cl aauTRit ® Judgment was entered against: (Name) ' 1ynw. RA - ar. it in the amount of -$ - 9., 149 _ 50 on ? Defendants are jointly and severally liable. ? Damages will be assessed on: ? This case dismissed without prejudice. Amount of Judgment Subject to ? Attachment/42 Pa:C.S. § 8127 $ ? Portion of Judgment for physical damages arising out of residential lease (Date of Judgment) 4/10 6 (Date & Time) _ Amount of Judgment $ Judgment Costs $ Interest on Judgment $ Attorney Fees $ Total $ Post Judgment Credits $ Post Judgment Costs $ ------------ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A. NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION: YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUOGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 14 i 113 CIL, Date Magisterial JDistrict Judge I certify that this is a true a d correctcGpy-erHhe7emM-dML-p dings containing the judgment. I c' t G Date ! Y/j Magisterial District Judge My commission expires first Monday of January, 2010. SEAL AOPC315-05 DATE PRINTED: 4/10/06 .2:59:44 PM m .0 Ln Ir r?i j MEOHANIi:°,Bl lpi; PA 170513 fTl Postage yll - ru Certified Fee O Q- - Return Receipt Fe C3 (Endorsement Require ) O Restricted Deliver r3 (Endorsement Red ra C3 Total Postage & -0 c3 Senl To C:3 r? Stree APt. A10f W PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEAL H OF PENNSYLVANIA COUNTY OF ?' ( ; ss AFFIDAVIT., I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas(XPA3 t-? pon the District Justice designated therein on (date of service) I 9 , 200Q ,'?kby personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) J:-) . , , . oisJ is on lk)n I n _ , 20CU ? by personal service 'W by (certified) (registered) mail, 's-errf`deer's-receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS iDAY OF C 120 CC. ?-a,4U f 1?? Signature of official before wbom a?davit was made r Signature ofaffatt rile of official My commission expires on X 7J G) K v COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. sgnalure of Prothonotary wDeputy was in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after riling the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Name of appellee/s) appellee(s), to file a complaint in this appeal (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or anomey orag RULE: To , appellee(s) Name of appelleeis) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the dale of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date :.r 20 t - r r , signature of Prothonotary or bepoty YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE-COURT FILE TO BE FILED WITH PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF JAMES E. DAVIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. : NO.2006 - CIVIL TERM RACHAEL E. WYNN, Defendant : CIVIL ACTION - LAW NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an 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 maybe entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 0 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JAMES E. DAVIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. NO. 2006 - a /83 CIVIL TERM RACHAEL E. WYNN, Defendant : CIVIL ACTION - LAW COMPLAINT NOW comes the plaintiff, James E. Davis, by his attorney, Stacy B. Wolf, Esquire, and presents the following Complaint, representing as follows: 1. The Plaintiff is James E. Davis (hereinafter referred to as "Plaintiff"), an adult individual residing at 516 Bedford Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Rachael E. Wynn (hereinafter referred to as "Defendant"), an adult individual residing at 851 Straws Church Road, Halifax, Dauphin County, Pennsylvania 17032. 3. Plaintiff and Defendant were in a relationship in which they agreed to share costs of living, rent, bills, groceries and other expenses. 4. Plaintiff loaned Defendant in excess of $8,000.00, which loan was for Defendant's share of the above living expenses as well as other expenses of Defendant. 5. Defendant orally agreed to reimburse Plaintiff for the loan in excess of $8,000.00 in $50 increments per week beginning in late October, 2005 until she could obtain a personal loan to pay Plaintiff the remainder owed. 6. Defendant made two payments to Plaintiff prior to the end of the relationship. 7. After the relationship ceased, Defendant reneged on her agreement and has not paid any amount to Plaintiff in accordance with her oral agreement. 8. Plaintiff filed an action before Magisterial District Judge Thomas A. Placey on January 6, 2006. 9. A hearing was held regarding Plaintiff's complaint on or about April 10, 2006, and the District Judge entered judgment in favor of Plaintiff in the amount of $8,148.50, including court costs. A true and correct copy of said judgment is attached hereto as Exhibit A. 10. Plaintiff is entitled to the monies due for the loan, in accordance with the provisions of the oral agreement between the parties, due to the breach by Defendant. COUNT I - BREACH OF CONTRACT James E. Davis v. Rachael E. Wynn 11. Plaintiff incorporates by reference paragraphs 1 through 10 as if set forth in full herein. 12. Defendant's breach of her oral agreement to repay Plaintiff in full for Plaintiff's loan of money to Defendant has caused the damages suffered by Plaintiff. WHEREFORE, Plaintiff, James E. Davis, prays that this Honorable Court enter judgment for the Plaintiff and against Defendant, Rachael E. Wynn, in an amount in excess of $8,000.00, together with interest and costs of this action and any additional relief the Court deems appropriate and just. Respectfully Submitted, WOLF & WOLF May 11, 2006 By: STACY B. W &F, ESQUIRE Attorney for Plaintiff WOLF & WOLF 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 VERIFICATION I do hereby verify that I am counsel for the plaintiff in the instant action and that the facts set forth in this petition are true and correct to the best of my information and belief based upon the information provided to me. I understand that false statements herein are made subject to the penalties of 18 Pa.-S. Section 4904, relating to unworn falsification to authorities. May 11, 2006 GZ . Stacy B. olf Counsel for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY.OF: C M]DtN .: ?- 09-3-04 MHon. HOMAS A. PLACEY Ad04 S SPORTING SI LL RD ECRANICSBURG, PA Tel17) 761-8230. 17050 JA1?ES 8. DAVIS 51.6 BEDFORD COURT NSCBANICSBURG, PA 17050 NOTI(? OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE rDAVIS J NAME and ADDRESS AKIIS E 516 BEDFORD COURT XzCRAPICSBURG, PA 17050 L DEFENDANT, VS: NAME and ADDRESS fNYN)I, RACHA$L $ -? 851 STUNS CHURCH ROAD EIALIFAXI PA 17032 L J Docket No.: CV-0000009-06 Date Filed: 1/04/06 THIS IS TO NOTIFY YOU THAT: Judgment was entered for: (Name) Judgment was entered against: (Name) in thi3 amount of $- 4 A ?n on: (Date of Judgment) 'Defendants are jointly and severally liable . (Date & Time) Damages will be assessed on: Amount of.J4dgment $_8' 0 00-00 E This case dismissed Without .prejudice: Judgment Costs Interest on Judgment $ 148. - - . 00 $ ? Amount. of Judgment Subject to A Attorney Fees_ Total $ . 0 0 $_ 8 ,148.50 ttachment142 Pa.C:S. § 8127 $ ? Portion of Judgment for physical Post Judgment Credits damages arising out of residential Post Judgment Costs $ lease $ _ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER JUDGMENT BY FILING-A OF APPEAL WITH'THE PROTHONOTARY'C' THE ENTRY OF NOTICE MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. ' EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT J ' JUDGEMENT HOLDER ELECTS TO ENTER U THE JUDGMENT IN THE COURT OF.COMMON PLEAS; ALL FUR DGES, IF THE COME FROM THE COURT OF COMMON PLEAS AND THER PROCESS NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS I T SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. N FULL, o_ ? Ob _ Date I certify that this is a true V . Magisterial District Judge . edi.ngs containing the judgment. , Magisterial District Judge My commission expires first Monday of January; 2010 AOPC 315-05 DATE PRINTED: H I B I T A 4/lOF/'6 2:59:44 PM SEAL STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JAMES E. DAVIS, Plaintiff V. RACHAEL E. WYNN, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006 - CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, hereby certify that I have served a true and correct copy of the foregoing Complaint upon the following person and in the manner indicated: SERVICE BY U.S. MAIL: Rachel E. Wynn 851 Straws Church Road Halifax, PA 17032 May 11, 2006 By: ' STACY B. W F, ESQUIRE Attorney for Plaintiff WOLF & WOLF 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 ? C ha ° O rnr;. m:o CA. N .? KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQUIRE ATTORNEY I.D. 92207 4660 TRINDLE ROAD, SUITE 201 CAMP HILL, PA 17011 (717) 761-7573 sbkope _kopelaw.com JAMES E. DAVIS, Plaintiff, vs. RACHAEL E. WYNN, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : .1183 No. 2006 CV 243-(DJ APPEAL) CIVIL ACTION - LAW DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT 1. Plaintiff, James E. Davis (hereinafter "Plaintiff" or "Mr. Davis") commenced the instant action by filing a Complaint in this Honorable Court on May 11, 2006. 2. Defendant, Rachael Wynn (hereinafter "Defendant" or Ms. Wynn) was served by said Complaint via first class mail on May 15, 2006. 3. This Complaint was filed as a result of Defendant's Notice of Appeal and Praecipe requesting the prothonotary to enter a rule as of course upon the Plaintiff to file a complaint within twenty (20) days after service of the rule, which Defendant filed as a result of a default judgment entered against her by District Judge Thomas Placey. 4. The instant action purports to be a breach of contract claim against the Defendant that arises from an alleged oral agreement entered into by the parties wherein Defendant supposedly agreed to reimburse Plaintiff for shared living expenses. 5. In several respects, Plaintiffs Complaint is violative of the Pennsylvania Rules of Civil Procedure and is objectionable. MOTION TO STRIKE PLAINTIFF'S COMPLAINT FOR FAILURE TO CONFORM TO RULE OF COURT PURSUANT To P.A. R.C.P. 1028 (A) (2) 6. As stated, on May 11, 2006, Plaintiff filed a Complaint for Breach of Contract against Defendant. 7. The Defendant was subsequently served with said Complaint on May 15, 2006. A true and correct copy of the Complaint is attached hereto and incorporated herein by reference as Exhibit "A." 8. Plaintiffs Complaint contains the Verification of his attorney, Stacy B. Wolf, Esq., and not the Verification of the Plaintiff. 9. The Verification to this Complaint does not comply with the requirements of Pa.R.C.P. No. 1024. WHEREFORE, Defendant respectfully requests that this Honorable Court enter an Order dismissing Plaintiffs Complaint for failure to comply with rule of court and direct Plaintiff to file and serve a Complaint containing a Verification which complies with Pa.R.C.P. No. 1024 within twenty (20) days. MOTION TO STRIKE COUNT I OF PLAINTIFF'S COMPLAINT FOR FAILURE TO CONFORM TO RULE OF COURT PURSUANT To P.A. R.C.P. 1028 (A) (2) 10. In paragraphs 3 and 4 of Plaintiffs Complaint, Plaintiff makes reference to certain specific sums that were documented through lease, invoice, bill, and/or were paid without attaching the applicable documents. Page 2 of 6 11. Pa.R.C.P. 1019(h) requires the plaintiff to attach to the Complaint the document or material part thereof upon which the Complaint is based. WHEREFORE, Defendant respectfully requests that this Honorable Court enter an Order dismissing Plaintiffs Complaint for failure to comply with rule of court and direct Plaintiff to file and serve a Complaint containing the documents upon which part of the Complaint is based within twenty (20) days of the date of this Order. MOTION TO STRIKE PARAGRAPH 9 OF PLAINTIFF'S COMPLAINT FOR INCLUSION OF SCANDALOUS AND IMPERTINENT MATTER PURSUANT TO P.A. R.C.P. 1028 (A) (2)• - 12. Paragraph 9 of Plaintiffs Complaint alleges a scenario where Defendant lost the underlying Magistrate District Judge hearing on its merits when in fact Plaintiff won this hearing by default based upon Defendant's failure to attend said hearing due to unforeseen circumstance. 13. Paragraph 9 in its current form is irrelevant, immaterial and inappropriate to the cause of action set forth in the Complaint. 14. Accordingly, paragraph 9 in its current form prejudices Defendant by derogatorily suggesting Defendant has little to no defense to Plaintiffs claim. WHEREFORE, Defendant respectfully request that this Honorable Court strike Paragraph 9 of Plaintiffs Complaint. MOTION TO STRIKE COUNT I OF PLAINTIFF'S COMPLAINT OR FOR A MORE SPECIFIC PLEADING PURSUANT TO PA. R. CIV. P. 1028(a)(3). 15. Pa. R.Civ.P. 1019(a) provides: Page 3 of 6 Material facts on which a cause of action or defense is based shall be stated in a concise and summary form. 16. Pa. R.Civ.P. 1019(f) provides: Averments of time, place and items of special damage shall be specifically stated. 17. Plaintiffs Complaint is violative of Pa. R.Civ.P. 1019(a) and (f) in that, if Plaintiff alleges an oral contract, rather than written, Plaintiff must plead the facts constituting said oral agreement with the required specificity. 18. Plaintiff has failed to plead when the agreement was entered into; the exact date the agreement was to begin and end; the specific total amount Defendant was to repay pursuant to the agreement; the individual items / expenses that the total amount to be repaid represented; the cost of each individual item/ expense that made up the total amount; and/or any specifics whatsoever regarding the underlying expenses or the major terms of the agreement. 19. Additionally, Plaintiffs Complaint is deficient with regard to the specificity requirements, as Plaintiff has made only general, and somewhat confusing, averments that Defendant reneged on the agreement sometime before or after the relationship between Plaintiff and Defendant ended (See Paragraphs 6 and 7 of Plaintiffs Complaint). 20. Furthermore, Plaintiff has failed to plead with specificity the damages incurred by Defendant's alleged breaches. Plaintiff merely alleges estimates of lump charges and gross sums for damages without the required specificity as to the amount of the damages incurred and how the claimed items of damages have been ascertained; Page 4 of 6 specifically, Plaintiff alleges that Defendant owes him "in excess of $8,000.00" for "shared costs of living, rent groceries and other living expenses." (See Paragraphs 3, 4, 5 and the "Wherefore Clause" of Plaintiffs Complaint). 21. Plaintiffs Complaint is clearly insufficient and fails utterly to give Defendant adequate notice of what she must defend. WHEREFORE, this Defendant respectfully requests this Honorable Court to enter an order striking Count I of Plaintiffs Complaint or, in the alternative, compel Plaintiff to re-plead said Count in accordance with Pa. R.Civ.P. 1019. MOTION TO DIMISS PLAINTIFF'S COMPLAINT FOR LEGAL INSUFFICIENCY (DEMURRER) PURSUANT To P.A. R.C.P. 1028 (A) (4) 22. As indicated, Count I of Plaintiffs Complaint is a breach of contract claim against the Defendant that arises from an alleged oral agreement entered into by the parties wherein Defendant supposedly agreed to reimburse Plaintiff for shared living expenses. 23. Plaintiff identifies as one of the terms of this oral agreement that Defendants agreed to assume liabilities based upon a lease agreement; specifically, that Defendant failed to reimburse Defendant for "rent, bills, groceries, and other living expenses." (See Paragraphs 3, 4 and 5 of Plaintiffs Complaint) (emphasis added). 24. This oral agreement to answer for the debts of another violates the Statute of Frauds. Page 5 of 6 WHEREFORE, Defendant respectfully request that this Honorable Court dismiss with prejudice Plaintiffs Complaint. Respectfully Submitted, KOPE ASSOCIATES, LLC Shane B. Kopef Esq. Date: June 5, 2006 Page 6 of 6 ry Jf IL :1V z0 d -Ib1o1 a .. FIQ 710 matter have read the foregoing Defendant in this Racriael Wynn, the in these erments tint my av ry Objectionw to the Plaintiffs ComPlalnt. 1 verity Prelimina and corseGt and bred upon my personal knowledge I ` Objections air true Preliminary ) enaRies of 18 Pa. 'c 1 r nd that any false Statements herein we made subjP.Ct to the p .. underM ,r fatsifiratom to authoriCies. r ,.S. 4904 relating to unswotn Dated; Q? R chael Wynn " of J eo*d OS99 L£G LTIL IS3illIDOSSd 'R 3dOA SL:Yr 900E-SO-Nnf Td Wd07 : T T 9002 SO 'NO!' TOOT 0172 008 ON SNOHd ANU,dWOO ISM Q H'8a : WC8J ?fl ?y i May 18 06 01:09a holly Wynn STACY B. WOLF, ESQUIRE ATTORNEY M NO. U732 WOLF & WOLF 10 WEST MGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF 717-362-8486 p.3 D 76f-- 757 JAMES E. DAVIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. NO. 2006 - 2183 CIVIL TERM RACHAEL E. WYNN, . Defendant : CIVIL ACTION - LAW NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and fding in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association t/ > 32 South Bedford Street Carlisle, PA 17023 717-249-3166 9 In „vRL ?`..w?1?71? y4t!•i?.l.Y???! . 1V Saal 'of a < EXHIBIT W J Q J J Q May 18 06 01;09a holly Wynn 717-362-8486 p.4 STACY & WOLF, ESQUIRE ATTORNEY M NO. 88732 WOLF do WOLF 10 WEST HIGH STREET CARLISLE, FA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JAMES E. DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RACHAEL E. WYNN, Defendant NO. 2006 - •Z /Z i. CIVIL TERM CIVIL ACTION - LAW COMPLAIllfT NOW comes the plaintiff, James E. Davis, by his attorney, Stacy B. Wolf, Esquire, and presents the following Complaint, representing as follows: 1. The Plaintiff is James E. Davis (hereinafter referred to as "Plaintiff"), an adult individual residing at 516 Bedford Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Rachael E. Wynn (hereinafter referred to as "Defendant"), an adult individual residing at 851 Straws Church Road, Halifax, Dauphin County, Pennsylvania 17032. 3. Plaintiff and Defendant were in a relationship in which they agreed to share costs of living, rent, bills, groceries and othei..,:;cpznses, 4. Plaintiff loaned Defendant in excess of $8,000.CO, which loan was for Defendant's shave of the above living expenses as well as other expenses of Defendant. 5. Defendant orally agreed to reimburse Plaintiff for the loan in excess of $8,000.00 in $50 increments per week beginning in late October, 2005 until she could obtain a personal loan to pay Plaintiff the remainder owed. 6. Defendant made two payrmnts to Plaintiff prior to the end of the relationship. May 18 06 01;09a holly Wynn 717-362-8486 p,5 7. After the relationship ceased, Defendant reneged on her agreement and has not paid any amount to Plaintiff in accordance with her oral agreement. 8. Plaintiff filed an action before Magisterial District Judge Thomas A. Placey on January 6, 2006. 9. A hearing was held regarding Plaintiff's complaint on or about April 10, 2006, and the District judge entered judgment in favor of Plaintiff in the amount of $8,14850, including court costs. A true and correct copy of said judgment is attached hereto as Exhibit A. 10. Plaintiff is entitled to the monies due for the loan, in accordance with the provisions of the oral agreement between the parties, due to the breach by Defendant. COUNT I - BREACH OF CONTRACT James E Davis v Rachael E W- 11. Plaintiff incorporates by reference paragraphs 1 through 10 as if set forth in full herein. 12. Defendant's breach of her oral agreement to repay Plaintiff in full for Plaintiff's loan of money to Defendant has caused the damages suffered by Plaintiff. WHEREFORE, Plaintiff, James E. Davis, prays that this Honorable Court enter judgment for the Plaintiff and against Defendant, Rachael E. Wynn, in an amount in excess of $8,000.0C, together with interest and costs of this action and any additional relief the Court deems appropriate and just. Respectfully Submitted, WOLF & WOLF fj ?. May 11, 2006 By; STACY B. W F, ESQUIRE 1 Attorney for Plaintiff Li WOLF & WOLF 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 May 18 06 01;10a holly Wynn 717-362-8486 p,6 VERIFICATION I do herebyverify that I am counsel for the plaintiff in the instant action and that the facts set forth in this petition are true and correct to the best of myinformation and belief based upon the infonmation provided to me. I understand that false statements herein are made subject to the penalties of 18 Pa.-S. Section 4904, relating to unworn falsification to authorities. May 11, 2006 C9 Stacy B. *61f Counsel for Plaintiff May 18 06 01:10a holly Wynn COMMONWEALTH OF PENNSYLVANIA COUNTY, OR.:CUJI'IBSRL- -) -- M1t79. Dist. No.. 09-3-04 . fJD,I Name: H7r1. THOIISAS A_ ,PLACRy ?ddress: '104 3 SPORTMG BILL BD "CHAPICSBU)l?t.G, PA TaephMm (717.) 761-6230 - 17050 JA3 S. -DAMS 516 BEDFORD COURT RMCAKICSBURG, PA ..17050 717-362-8486 p•7 NOTIC- OF JUDGMENT/ TRANSCRIP PLAINTIFF: CIVIL CASE IDAVIS,' LT3i?MSS $ NAbie andACtNIESS 516 B•SDFORD COURT XzCSANICSBtrRG, PA 17 050 L DEFEND'A'NT: V5: 3tAC8AgJ, 8 NlME and ADDRESS rte. 851 STA9PS C IuRc ROAD 1?iLIFAI, P,& 17032 L_ - {3ocket No.: CV-00.00009-06 Date Filed: 1/04/06. THIS IS TO NOTIFY YOU THAT, Judgment:-.._...__ i ;Judgment was entered for. (Name) Q Judgment was entered against: (Name) in the amount of $ ~ a , . e on: a Defendants are jointly and severally liable. Damages will be assessed on. This case dismissed 'kithout Amount.of Judgment Subject to Attachment%42 PaaC.S.. § 8127 $ Portion df Judgment tot physical damages arising out of residential lease $ (Date of Judgment) (Date &Time) Amount of :Judgment • $ B, 000 Q Judgment G6sts Interest on Judgment . $ Attorney Fees. $ Total $_8,148 5 ---? Post Judgment Credits Post Judgment Costs $ Certified Judgment 7ota1 $? ___-~ ANY PARTY HAS THE RIGHT TO APPEAL WJTHIN OF A 30. DAYS AFTER THE ENTRY OF JUDG!<IIENT PPEAL WITH THE PROTtION.OTARY/CLERK O>=',-. UST INCLUDE A COPY OF T1'lE:CQl7RT? CO?fM?N:1'L?AS THfS No71C_ E OFJUDGMEN MUST TITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURTOF.COMMON COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAYBE ISSUED , IF THE UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PR ESS ANYONE INTEPLEAS,RESTED ALL IN THE FURTHER PROCESS MUST A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT E IF THE BY THE JUDGMENT DEBTOR PAYS MAGISTERIAL DISTRICT JUDGE ONBTOR PAY MAY. FILE SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. YS IN FULL, °_E Ob Date I certify that this is -a true Magisterial District Judge . - r' -- edings containing the.judgment. to fv Date' Magisteria! District Judge My commission expires first Monday of January; 2010 . AOPC 375-0 SEAL DATE pglgD : 4/10 SI B I T A 2:59;44 PX i May 18 06 01:10a holly Wynn STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 89732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 24144M ATTORNEY FOR PLAINTIFF 717-3 P8 JAMES E. DAVIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. NO. 2006 - CIVIL TERM RACHAEL E. WYNN, Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, hereby certify that I have served a true and correct copy of the foregoing Complaint upon the following person and in the **+ =r indicated: S IMCE BY U.S. AI Rachel E. Wynn 851 Straws Church Road Halifax, PA 17032 n May 11, 2006 B ?._ STACY B. W F, ESQUIRE Attorney for Plaintiff WOLF & WOLF 10 West High Street Carlisle; Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, do hereby certify that on June 5, 2006, 1 served a true and correct copy of the foregoing Preliminary Objections to Plaintiffs Complaint via first class mail, postage prepaid, addressed as follows: Stacy B. Wolf Wolf & Wolf 49 West High Street Carlisle, PA 17013 'IATES, LLC Shane B. Kope, Esq. 466044;:J oad, Suite 201 Camp Hill, PA 17011 (717) 761-7573 I.D. 92207 (Attorney for Defendant) ro G W KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQUIRE ATTORNEY I.D. 92207 4660 TRINDLE ROAD, SUITE 201 CAMP HILL, PA 17011 (717) 761-7573 sbkopeO-kopelaw.com JAMES E. DAVIS, Plaintiff, vs. RACHAEL E. WYNN, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2006 CV 2183 (DJ APPEAL) CIVIL ACTION - LAW PRAECIPE TO ATTACH NOTICE TO PLEAD TO THE PROTHONOTARY: Please attach the enclosed Notice to Plead to the Preliminary Objections to Plaintiff's Complaint that was filed in the above captioned matter. It was inadvertently not attached when the Preliminary Objections were filed. Respectfully Submitted, KOPE & ASSOCIATES, LLC B _ Sha o e ire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 I.D. 92207 (Attorney for Defendants) KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQUIRE ATTORNEY I.D. 92207 4660 TRINDLE ROAD, SUITE 201 CAMP HILL, PA 17011 (717) 761-7573 sbkopeca-)kopelaw.com JAMES E. DAVIS, Plaintiff, vs. RACHAEL E. WYNN, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2006 CV 2173 (DJ APPEAL) CIVIL ACTION - LAW NOTICE TO PLEAD To: Plaintiff: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully Submitted, Date: V j-/Zovc KOPE & ASSOCIATES, LLC Shane B. Kope, C7 `? = l cry ..?i r:, -C -n ?: ? ? ? -7 '7 f=; ..:=? : rn ?a ? '? STACY .WOLF, ESQUIRE AXTO In NO. 88732 WOLF WOLF 10 WE HIGH STREET CARLIS ,1 17013 (717)24 ATTO FOR PLAINTIFF S E. DAVIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. NO. 2006 - 2183 CIVIL TERM IAEL E. WYNN, Defendant : CIVIL ACTION - LAW NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the follow ig pages, you must take action within twenty (20) days after this complaint and notice are served by entering a written appearance personally or by an attorney and filing in writing with the coup ur defenses or objections to the claims set forth against you. You are warned that if you fail to do the case may proceed without you and a judgment may be entered against you by the court witho further notice for any money claimed in the complaint or for any other claim or relief reques d by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DON T HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 STACY . WOLF, ESQUIRE ATTO ID N0.88792 WOLF WOLF 10 WES GH STREET CARETS E71 A 17013 (717) 241 ATTO FOR PLAINTIFF E. DAVIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. : NO. 2006 - 2183 CIVIL TERM E. WYNN, Defendant : CIVIL ACTION - LAW AMENDED COMPLAINT NOW comes the plaintiff, James E. Davis, by his attorney, Stacy B. Wolf, Esquire, and the following Complaint, representing as follows: 1. The Plaintiff is James E. Davis (hereinafter referred to as "Plaintiff"), an adult individual at 516 Bedford CourtMechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Rachael E. Wynn (hereinafter referred to as "Defendant"), an adult vid residing at 851 Straws Church Road, Halifax, Dauphin County, Pennsylvania 17032. 3. Plaintiff and Defendant began a romantic relationship in late July, 2003, which relationship ended n November 11, 2005. 4. l O n or about December 11, 2004, Plaintiff and Defendant moved into an apartment at 516 Betase ord Court, Mechanicsburg, Pennsylvania 17050 of which both parties were named tenants on the agreement. 5ursuant to the lease agreement, the parties agreed to pay $635.00 per month in rent from e er 11, 2004 to December 31, 2005. A true and correct copy of the lease agreement is hereto as Exhibit A. 6. share, In an oral agreement between the parties, Defendant promised to repay Plaintiff for her the rental payments totaling $3,492.50. 7.1 The parties resided in the apartment together from December 11, 2004 until November 11, 2005, },vlten Defendant vacated the residence. 8. During the time the parties jointly occupied the premises, a total of $7,302.50 in rental is was paid by Plaintiff and a total of $317.50 was paid by Defendant. 9. During that same period, the parties also agreed to split any utility bills equally. 10 During the time the parties jointly occupied the premises, a total of $1032.55 in utility me is was paid by Plaintiff on behalf of Defendant, representing her share, as follows: a. $639.25 to PPL; and b. $393.30 to Comcast Cable. During the course of the parties' relationship, Defendant agreed to repay Plaintiff for sutras $393.30 paid by Plaintiff on Defendant's behalf as follows: a. $91.00 payment to Dairy Animal Hospital; b. $105.50 payment to Dairy Animal Hospital; c. $67.49 payment to -Haul; and d. $129.31 payment to American Eagle. 12efendant agreed to repay Plaintiff for automobile repairs and expenses made by Plaintiff on beh4lf of Defendant for Defendant's automobile, totaling $950.87 as follows: a. $741.30 for repairs at Midas Auto Service Experts on 7/16/04; and b. $209.57 for tires purchased at Midas Auto Service Experts on 10/26/05. 13. Defendant agreed to repay Plaintiff for various cash loans totaling $2,27510 as follows: a. Loan for Defendant to purchase Christmas gifts in 2003 totaling $400.00; b. Loan for Defendant to purchase Christmas gifts in 2004 totaling $400.00; c. Loan of $767.00 on 12/21/04; d. Loan of $272.00 on 4/2/05; e. Loan of $120.00 on 4/7/05; f. Loan of $31.20 on 6/22/05; g. Loan of $85.00 on 6/22/05; and h. Loan of $200.00 on 10/19/05. 14 In total, Plaintiff loaned Defendant $8,144.42, which loan was for Defendant's share of the above wing expenses as well as other expenses paid for by Plaintiff on behalf of Defendant. Plaintiff made said payments with the intention of being repaid by Defendant and not as a gift. Said agreement was not conditioned upon the continuation of the parties' relationship. 17.? Plaintiff's intention was known byDefendant and acknowledged by Defendant. 18.1 As evidence of her acknowledgement of her obligation to repay Plaintiff, in approximately vs 2005, Defendant orally agreed to reimburse Plaintiff for the $8,144.42 loan in $50 e nts per week until she could obtain a personal loan to pay Plaintiff the remainder owed. 19. said payments began in late October, 2005 when Defendant made two payments prior to the ena of the parties' relationship. 20. The parties' relationship abruptly ended on November 11, 2005 when Defendant moved out of the parties' residence. 21. Since the relationship ceased, Defendant has not paid any amount to Plaintiff in accordance with he$ oral agreement. Plaintiff is entitled to the monies due for the loan, in accordance with the oral agreement n the parties. COUNT I - BREACH OF CONTRACT Plaintiff incorporates by reference paragraphs 1 through 22 as if set forth in full herein. Plaintiff made payments on behalf of Defendant and loaned money to Defendant. Defendant was aware of all such payments made to her or on her behalf. Each of said payments was made at the request of Defendant. Defendant expressly agreed to repay Plaintiff for all such payments. Defendant's failure to make payments to Plaintiff constitutes a breach of the parties' 29. Defendant's breach of her oral agreement to repay Plaintiff in full for Plaintiff's loan of mone to Defendant has caused the damages suffered by Plaintiff. WHE FORE, Plaintiff, James E. Davis, prays that this Honorable Court enter judgment for the Plaintiff and t Defendant, Rachael E. Wynn, in the amount of $8,144.42, together with interest and costs of this on and any additional relief the Court deems appropriate and just. COUNT II - UNJUST ENRICHMENT 30. Plaintiff incorporates by reference paragraphs 1 through 29 as if set forth in full herein. 31. laintiff's payments on behalf of Defendant were made for the Defendant's sole benefit. 32. h loans given directly to Defendant were likewise for the sole benefit of Defendant. 33. efendant made repeated promises to repay Plaintiff. 34. efendant's two payments evidence Defendant's acknowledgement of the loan and fen is intention to repaythe loan. Defendant's refusal to repay Plaintiff has resulted in her unjust enrichment to the detriment of WHEREFORE, Plaintiff, James E. Davis, prays that this Honorable Court enter judgment Plaintiff and against Defendant, Rachael E. Wynn, in the amount of $8,144.42, together with and costs of this action and any additional relief the Court deems appropriate and just. Respectfully Submitted, June WO & WOLF 2006 By: STAY B. WOLF, ESQUIRE Attorney for Plaintiff WOLF & WOLF 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 VERIFICATION this I do hereby verify that I am the plaintiff in the instant action and that the facts set forth in are true and correct to the best of my information and belief. I understand that false herein are made subject to the penalties of 18 Pa.GS. Section 4904, relating to unswom to authorities. June 2006 J es . Davis laiutiff STACY U. WOLF, ESQUIRE ATTORNEY to NO. 88732 WOLF WOLF 10 WES HIGH STREET CARLI E, PA 17013 FOR PLAINTIFF S E. DAVIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. NO. 2006 - 2183 CIVIL TERM FAEL E. WYNN, Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, hereby certify that I have served a true and correct copyof the Complaint upon the following person and in the manner indicated: SERVICE BY U.S. MAIL: Shane B. Kope, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 June 2006 By: &?AZ STAG B. V LF, ESQUI Attorney for Plaintiff WOLF & WOLF 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 RENTAL AGREEMENT PARTIES A. This Agreement is made between Property Management, Inc., as Agents for: Susabar Joint Venture hereunder designated "Landlord," an the following named individuals, hereunder designated "Resident." I • James E. Davis (Roommate) 2. Rachel E. Wynn (Roommate) 3. 4. 5. 6. It is agreed that no one will live in this dwelling other than those named above. SPECIFICS B. It is agreed at thWk M etlE the;SR?.cifsl d '>t? r?tttaFcharge securitydeposit and DWELLING ADDRESS TYPE LEASE DXM -MOVE-IN DATE 516 Bedford Court 1 Bedroom/Car etllst rom: 12/11/04 12111104 p Flow To: 12/31/05 Resident Mechanicsburg, PA 17050 - 805161 MONTHLY RENI SECURF1 Y DFPOSff PRO-RATA RENT 01-HER CHARGES $610.00 $300.00 $413.23 $16.94 Pet Pet SECURITY C. The Security Deposit in the amount indicated above will be deposited in the account of. DEPOSIT James E. Davis & Rachel E. Wynn in an interest- eanng account at: PNC On the second (20d) anniversary of the ease, interest will begin to accrue on the deposit i it exceeds and will be paid to the Resident in accordance with the statutes of the Commonwealth of Pennsylvania. UTILITIES D. It is agreed that utilities shall be paid by the party indicated on the following chart. UTHdTY ectncity Gas Oil Water Sewage Trash Removal Phone Cable RENT PAYMENT E. All rent is due and payable by check or money order at the management office on or before the first (I st) day of every month. NO CASH WILL BE ACCEPTED. MAKE CHECKS OR MONEY ORDERS PAYABLE TO and MAIL or DELIVER TO: Delbrook Manor Apartments 520 Breezewood Court Mechanicsburg, PA 17050 LATE CHARGE F. A late charge of 10% will be added to any full or partial monthly rent not received in the office by the 5" of the month. I pp? Initial\`? E"x/H 16 '? Page 1 of 4 LANDLORD RESIDENT BAD CHEC G. Any check not cleared by the Resident's bank will be considered late rent and will be subject to a returned check charge (the greater of $20.00 or the actual amount of fees charged by the Landlord's financial institution) plus the late charge. RENEWAL H. After the initial period, this Agreement Renews Automatically for a 60 day period and continues to renew for 60 day periods unless 60 days' written termination notice is given by either party. Resident may renew this Agreement for one year by written request and at the prevailing market rent for the unit at the property. Resident must give 60 days' written notice to vacate at the end of their one-year lease. RENT INCRE SE I. After the initial period, the monthly rent may be increased by the Landlord giving 60 days' written notice to the Resident of the increase. MOVE-OUT J. Resident agrees not to vacate the dwelling or move without providing 60 days advance written notice to the landlord. Resident also agrees that any possessions remaining in the dwelling after a move-out are abandoned by Resident, and Resident agrees to pay the cost of removal and disposal of these possessions. Resident agrees to vacate the dwelling at the end of the term, leaving property clean and in good order. Resident agrees to jointly inspect the dwelling with person from management staff, indicating then existing conditions, sign and date form, and give a forwarding address. EARLY K. Resident agrees to be responsible for the monthly rent for the entire period of this Agreement, even if Resident TERMINATIO moves out early with or without percussion of the Landlord. In addition, Resident agrees to pay a fee in an amount equal to one months rent to cover costs of refurbishing and renting the apartment if the Resident moves out before the end of the initial period of this Rental Agreement. LEASE VIOLATION L. Resident understands that the Landlord will exercise necessary actions and due processes of law to collect / DEFAULT IN damages and money owing to the property based on the then-applicable laws of Pennsylvania, including RENT eviction proceeding when necessary. All of the provisions pertaining to notice to be given by the Landlord to the Resident as set forth in the Act of April 6, 1951 P.L. 69 are hereby waived by the Resident. All notices required under this Agreement shall be in writing and served on the Resident by mailing same to the address specified above. In the event of default by the Resident (either nonpayment of rent when due, or by the failure to abide by the terms of this lease, or by violation of any governmental statutes or regulations), Resident waives the requirement of any notice to quit. Resident hereby authorizes and empowers any attorney or any court of records of Pennsylvania to appear on behalf of Resident and confess judgment against Resident and in favor of Landlord in amicable action of ejectment of the premises, and Resident authorizes the immediate issuing of a writ of possession for the premises. These powers granted shall not be exhausted by one exercise, and may be exercised during any extension of the initial term of this lease as well as during the initial term itself. DAMAGE M. Damage to the Property caused by Resident, Resident's family, or Resident's guests, will be repaired and costs billed to the Resident and payable on demand. REPAIRS N. Resident must notify management at the office in writing and verbally of any problem in the apartment or house. The Resident will be advised if the Resident should have repairs done by an authorized outside contractor, or if repairs will be completed by the Landlord. ACCESS TO O. Resident understands that management will enter Resident's apartment from time to time to inspect and APARTMENT maintain equipment, appliances, and safety conditions. Advance notices will be given to Resident whenever possible. In case of emergency, no notice is required. CARE OF P. Resident is responsible for keeping the apartment, entryway, patio and grounds clean and neat at all times and PROPERTY , in compliance with the property rules which are hereby made a part of this lease. SMOKE Q. Resident is responsible for maintaining the smoke detector, if installed in the apartment, in working order at all DETECTORS times. NO PETS R. Resident agrees not to have any pet or pets in the apartment. INSURANCE S. Resident must insure Resident's own furnishings and family. The property insurance does not cover any damages to a Resident or the property of a Resident for any reason, including fire, water leaks, equipment failures, vandalism, theft, smoke, electrical malfunctions, or any cause. WARRANT T. A copy of this Rental Agreement shall be sufficient warrant filed with a confession ofjudgment for rent unpaid or upon confession ofjudgment in ejectment, by "Landlord" to the local District Justice. SUBORDINATIO N U. The rights of Resident is subject and subordinate to the rights of any mortgagee which now or hereafter hold a lien upon the Landlord's interest in the Premises. Initial ??- Page 2 of 4 TOBACCO MOLD 1. Request regarding the c part of the spat floors, walls, ai V. If Resident elects to allow tobacco smoking in the apartment leased in this agreement, then any unrestored smoke-related damage will not be considered "normal wear and tear". Any additional cleaning, painting, or replacement due to smoke damage may be chargeable to the resident upon move-out. W. To minimize the occurrence and growth of mold in the Leased Premises, Resident hereby agrees to the following: 1) MOISTURE ACCUMULATION. Resident shall remove any visible moisture accumulation in or on the Leased Premises, including on walls, windows, floors, ceilings, and bathroom fixtures; mop up spills and thoroughly dry affected area as soon as possible after occurrence; use exhaust fans in the kitchen and bathroom when necessary; and keep climate and moisture in the Leased Premises at reasonable levels. 2) APARTMENT CLEANLINESS. Resident shall clean and dust the Leased Premises regularly, and shall keep the Leased Premises, particularly kitchen and bath, clean. 3) NOTIFICATION OF MANAGEMENT. Resident shall promptly notify management in writing of the presence of the following conditions: i. A water leak, excessive moisture, or standing water inside the Leased Premises. ii. Mold growth in or on the Leased Premises that persists after Resident has tried several times to remove it with household cleaning solution, such as Lysol or Pine-Sol disinfectants, Tilex Mildew Remover, or Clorox, or a combination of water and bleach. iii. A malfunction in any part of the heating, air-conditioning, or ventilation system in the Leased Premises. 4) LIABILITY. Resident may be liable to Owner for damages sustained to the Leased Premises or to Resident's person or property as a result of Resident's failure to comply with the terms of this section. 5) VIOLATION. Violation of any item in this section shall be deemed a material violation under the terms of the Lease, and Owner shall be entitled to exercise all rights and remedies it possesses against Resident at law or in equity. PROPERTY RULES AND GUIDELINES RESIDENTS AGREE TO >istance from the Landlord for instruction and help 10. Playing of radios, stereos, TV or musical instruments between ration and care of each appliance or any physical the hours of 11:00 PM and 8:00 AM at loud volumes is strictly ent including doors, windows, lights, plumbing, prohibited. At no time may any noise be audible outside of the the appliances. apartment/house. 2. Patios, bal onies, and windows may be decorated with plants, hanging baskets, d lawn furniture. Do not use patios or balconies for storage or tra It removal. 3. Provide o light bulbs (of proper size) fuses, and starters. 4. Use trash Mainers properly. Keep sidewalks, and lawns free of personal items papers, trash. 5. Conserve a ergy and assure safety by not installing additional appliances or equ pment other than normal home items. Prior permission of the Landlord must be obtained. 6. Comply wii It the laws of the several governmental units controlling the pr perry area. 7. All rooms are to be carpeted except kitchen and bath above the first floor, wh re applicable. 8. No additional safety/security locks are to be installed without written pemtissio from management. No locks may be changed without written pe 'ssion. 9. Under no ci cumstances are any supplementary heating devices permitted any apartment or house. Supplementary heating devices include ke osene heaters, wood stoves, space heaters, gas heaters, electric he ters, camp heaters, etc. These heating devices and their fuel cons itute a grave fire hazard. Any use of such device will be in direct vi lation of this lease. Storage of any flammable substances in any artment or house is prohibited. al 'A ?4 11. Only standard picture hangers may be used for hanging pictures, mirrors, etc. No adhesive hangers may be used. 12. The use of water from the premise for the purpose of washing cars is prohibited. Maintenance and/or repair of any vehicle for any reason on the premise is prohibited. All vehicles must be properly inspected, maintained, and licensed. 13. Waterbeds are permitted only with proper insurance verification provided to the management annually. 14. The apartment or house is to be used solely as a residential dwelling unit, and may not be used for any business purposes. The Resident agrees not to utilize the apartment or house to conduct any business or to house any business of any size, for any purpose, for profit or otherwise. 15. Resident will comply with any additions to these rules enacted by the Landlord. Violation of the lease or any of the rules and guidelines of the lease and the rental property shall be sufficient cause for termination or eviction at the option of the management. 16. Carpets must be professionally shampooed upon move out and receipt provided to management. 17. Action by Resident or Guests, that cause Police Action, or deprive the right of quiet enjoyment of other residents, is cause for eviction. 18. Resident must notify the Property Manager if Resident will be away from the apartment longer than seven days. Page 3 of 4 PROPERTY MANAGEMENT, INC. As Agents For: Signed in the Pisence Of. Susabar Joint Venture BY Date l 4iJ est ent ate Resident Resident Resident P,n -fn SECURITY DEPOSIT ADDENDUM Addendum to Lease Dated: From 1zr11ro4 i To 12/8105 Property: Delbrook Manor Apartments Resident: James E. Davis (Roommate) Resident: Rachel E. Wynn (Roommate) Resident: Resident: Resident: Resident: Address: s1 s Redford Court Mechanicsburg PA 17050 To be signed by ALL Residents and Applicants: NAMES ?(Please Print) AMOUNT ZaOeN Wi,jnn $1f5C?.C* ?1(lrvtPC?S)Cev\5 1,1?0• °g' We realize the security deposit will be refunded in the above manner, unless we submit written authorization to do otherwise. SIGNATURES DATE ROOMMATE ADDENDUM Addendum to Lease Dated: From 1211104 To 12/31/05 Property: Delbrook Manor Apartments Resident: James E. Davis (Roommate) Resident: Rachel E. Wynn (Roommate) Resident: Resident: Resident: Resident: Address: 516 Bedford Court Mechanicsburg. PA 17050 I/We the above listed Resident(s), agree that if any of the above listed Residents should vacate a apartment at the above listed address IlWe must also vacate the said apartment at the same tile. If I/We want to remain in the apartment at the above listed address, I/We must qualify d if approved sign a new one-year lease. Also e, the above listed Resident(s), agree that if any applicant is to be added as a roomma a to the apartment at the above listed address We must qualify along with the applicant and if a roved must sign a new one-year lease. 'Signatur v i? Date ' 'a'le Y Date Date Date Date Date PET LEASE ADDENDUM Addendum to Lease Dated Effective Date Property Resident Resident Resident Resident Resident Resident Address From 12/11/04 To 12/31/05 12/11/04 Delbrook Manor artments ames . ans commae Rachel E. Wynn (Roommate) Type of Pet Name of Pet Breed Color/Marks Height Weight License No. Rabies Tag # Date of Shots Dog We hers rules and regulat. We agree to pay management offi and renews on a the rules and regi if not received bt 2. 4. 5. 6. 7. 8. 9. 10. it. 12. 13. Signed in the Sir Banana Old English Bulldog White & Brown 12" 516 Bedford Court Mechanicsburg, PA 17050 +agree to comply with the following pet rules and regulations of the Property. We understand that violation of any of the is listed below will result in the immediate cancellation of this Pet Lease Addendum and eviction oft the pet s) listed above. additional monthly rents fee o 250. is additional monthly rental fee is due and payable by check or money order at the on or before the first day of every month. This agreement is for the privilege of housing the pet(s) listed above at the property mth-to-month basis. We understand that the payment of this amount each month does not release us from compliance with itions listed below or from responsibility for damages caused by the pet(s). The additional rent is subject to a 10% late charge he 5" of the month. Pets permitted under this Pet Lease Addendum are dogs weighing 20 pounds or less at full-grown weight and are 20 inches or less at full- grown height; cats weighing 20 pounds or less at full-grown weight and with the front claws removed. NO OTHER KIND OR TYPE OF PET OTHER THAN THE PET DESCRIBED ABOVE IS PERMITTED AT THE PROPERTY UNLESS APPROVED IN ADVANCE AND IN WRITING. There will be a maximum of 2 pets per unit. A color photograph of each pet must be given to the rental office at the time this Addendum is signed, and at the time of a c9mge of pet. Should there be a change of pet, we will contact the rental office immediately and sign a new Pet Lease Addendum All pets will be leashed and under human control when outside of the apartment. NO pets may be on the grounds, balconies, or patios unattended and/or unleashed. All pets must be walked and/or run only in the designated areas on the Property. All pets are allowed to defecate/urinate only in the designated areas on the Property grounds. The resident(s) signing this Pet Lease Addendum bear the responsibility of cleaning up after the pet IMMEDIATELY. No pet may be tied, either attended or unattended, to any temporary or permanent fixture on the premises of the Property, including but not limited to balconies, patios, poles, posts, hooks, railings, doors, lines, windows, shrubs, trees, or cars, at any time. Any action by the pet which results in any annoyance, hazard, or danger to any resident, visitor, or employee of the Property will not be tolerated. Any animal considered vicious by management must be removed from the property. We hereby agree to comply with all state, regional, and local laws concerning housing, control, and licensing of pets. Unit must be professionally exterminated for fleas within 2 weeks prior to moveout. The maximum number of pets (excluding fish - 20-gallon tank maximum) is two (2) individual pets per unit. A $200.00 Pet Deposit is required for each cat or dog (fish, birds, gerbils, and other pre-approved "cago" animals are excluded from the Pet Deposit). The Pet Deposit is refundable upon tenant vacancy (not pet vacancy) less any amount necessary (but is not limited to the deposit amount) to compensate for any and all balances due on the resident(s) account Response to substantiated pet lease complaints initiated by this office will be made in writing and will result in forfeiture of the Pet Deposit in the following manner: a. $100.00 Pet Deposit forfeiture for the first written Pet Lease violation complaint. b. $100.00 Pet Deposit forfeiture for the second written Pet Lease violation complaint. Upon receiving a second written Pet Lease violation complaint with no Pet Deposit remaining, the tenant will be required to remove the pet from the Properly. We shall indemnify and hold owner of Property and their agents harmless from and against any action, claims, and suits (including legal fees and expenses) arising from damage or injury caused to any person or property of others by any pet owned, housed or maintained by us. PROPERTY MANAGEMENT, INC., AS AGENTS FOR Susabar Joint V lure of: By: Date 'Resident: Date t2/ I Resident: Date L2/ Resident: Date Resident: Date Resident: Date Resident: Date r.a C) r) C? KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQUIRE ATTORNEY I.D. 92207 4660 TRINDLE ROAD, SUITE 201 CAMP HILL, PA 17011 (717) 761-7573 sbkopefD_koaelaw.com JAMES E. DAVIS, Plaintiff, vs. RACHAEL E. WYNN, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 01183 No. 2006 CV 24 79 (DJ APPEAL) CIVIL ACTION - LAW NOTICE TO PLEAD To: Plaintiff: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully Submitted, KOPE & ASSOCIATES, LLC 7 Shane B. Kope, Date: KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQUIRE Attorney I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, Pa 17011 (717) 761-7573 sbkooe(&kooelaw.com JAMES E. DAVIS, Plaintiff, vs. RACHAEL E. WYNN, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 61183 No. 2006 CV 217- (DJ APPEAL) CIVIL ACTION - LAW ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER AND NOW comes the Defendant, Rachel E. Wynn, by and through their attorney, Shane B. Kope, Esquire, and files the following Answer with New Matter to Plaintiffs Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied as stated. To the extent that this paragraph purports to summarize, interpret or characterize the written agreement, that document speaks for itself, and the averments of this paragraph are therefore denied. 6. Denied. To the contrary, given the circumstances of Defendant's finances and prospects thereof at the time of the lease agreement, the Plaintiff was aware that Defendant could not afford to pay half of the rental payments required pursuant to said lease. Rather, the parties understood that Defendant would pay what she could afford and that Plaintiff would pay the remainder without expectations of reimbursement, especially considering the romantic nature of their relationship. 7. Admitted. 8. Denied. To the contrary, Defendant paid more in rental payments than $317.50, which equals half of one (1) month's rental payment of $635.00. 9. Denied. To the contrary, given the circumstances of Defendant's finances and prospects thereof at the time the utilities were of the lease agreement, the Plaintiff was aware that Defendant could not afford to pay half of the rental payments required pursuant to said lease. Rather, the parties understood that Defendant would pay what she could afford and that Plaintiff would pay the remainder without expectations of reimbursement, especially considering the romantic nature of their relationship. 10. Denied as stated. To the contrary, any amount of money that Plaintiff would have paid to PPL and / or Comcast cable did not represent Defendant's share of these utility bills as set forth in Paragraph 9 above. As to the remaining averments in this Paragraph, Defendant is without knowledge or information sufficient to form a belief as to the truth of such averments; these averments are, therefore, denied and proof thereof demanded, if relevant. 11. Admitted in part and denied in part. The Plaintiff did not agree to pay back $393.30 during the course of the parties' relationship. By way of more specific answer to the contrary, any money Plaintiff paid the Dairy Animal Hospital was for his own pet Page 2 of 9 and, therefore, his own benefit. Further, any money Plaintiff paid to U-Haul was for his own purposes, as he rented a U-Haul truck to move his personal property into the residence at 516 Bedford Court; although Defendant did utilize this truck to move some of her personal property into said residence as well, this was on Plaintiffs own accord' and was certainly not based on any agreement to repay Plaintiff. It is admitted that the Defendant agreed to repay the Plaintiff for his payment to American Eagle of $129.31 on her behalf. 12. Admitted. 13. Denied. The Defendant did not agree to repay the Plaintiff for various cash loans totaling $2, 275.20. By way of more specific answer to the contrary, any money Plaintiff paid to Defendant over the Christmas Holidays of 2003 and 2004 was intended as a gift and was for the mutual benefit of both parties. As to the remaining subsections of Paragraph 13, Respondent is without knowledge or information sufficient to form a belief as to the truth of the existence of those averments. The averments are therefore denied and proof thereof demanded, if relevant. 14. Denied as stated. To the contrary, the only money that Plaintiff advanced the Defendant was $1080.18, which is the sum of payments to Midas Auto Service and American Eagle as set forth in Paragraphs 11 and 12 of the Complaint and admitted to in Paragraphs 11 and 12 above. 'Much of Defendant's personal property was already at Plaintiffs prior residence, as Defendant initially moved in with Plaintiff in May, 2004. On a related note, one of the reasons Plaintiff wanted to move into the residence at 516 Bedford Court was so that he could get a dog. Page 3 of 9 15. Denied as stated. To the contrary, the only payments for which Plaintiff intended to be repaid was $1080.18 as set forth in Paragraph 14 above. 16. Denied. The parties never entered into any agreement for there to be conditions set upon. 17. Denied as stated. The only amount for which Defendant was aware Plaintiff intended to be repaid was the $1080.18 as set forth in Paragraph 14 above. 18. Denied as stated. The $50.00 weekly payment to Plaintiff was to repay him for the $1080.18 as set forth in Paragraph 14 above. By way of further answer, Defendant never agreed to obtain a personal loan. 19. Admitted in part and denied in part. While the Defendant admits that the $50.00 weekly payments to Plaintiff began in or around late October, 2005, the Defendant denies that she made only two (2) payments; to the contrary, the Defendant made three (3) payments to the Plaintiff. 20. Admitted. 21. Denied as stated. There was never a formal oral agreement between the parties. 22. Denied as stated. There was never a formal oral agreement between the parties and, therefore, no loan upon which monies were due to Plaintiff for him to feel entitled to. Page 4 of 9 COUNT I-BREACH OF CONTRACT 23. No response necessary. 24. Denied as stated. Although the Plaintiff made payments on behalf of Defendant to Midas Auto Service and American Eagle as set forth in Paragraph 14 above, he never loaned any money to the Defendant. 25. Denied as stated. The only payments made on her behalf that Defendant was or is aware of are those set forth in Paragraph 14 above. 26. Denied as stated. The payments made on behalf of Defendant as set forth in Paragraph 14 above were first offered by Plaintiff; the Defendant insisted on reimbursing Plaintiff for these payments. 27. Denied as stated. The only payments for which Defendant agreed to repay Plaintiff were those set forth in Paragraph 14 above. 28. Denied. This paragraph contains no averments of fact but only a conclusion of law, to which no response is required. To the extent that a response is deemed necessary, the averments of this paragraph are denied. By way of further answer, there was never a formal oral agreement between the parties. 29. Denied. There was never a formal oral agreement between the parties, so the Plaintiff could not have suffered damages. COUNT II - UNJUST ENRICHMENT 30. No response necessary. 31. Denied. Although the Plaintiff made payments on behalf of Defendant to Midas Auto Service and American Eagle as set forth in Paragraph 14 above, these payments Page 5 of 9 were not for the sole benefit of Defendant. The parties were involved in a romantic relationship where they resided together; as such, any act of kindness bestowed on one parry by the other was not only realized by both parties in a variety of ways, but also returned to the bestowing party by the receiving party in a variety of ways and in often greater proportions. 32. Denied. The Plaintiff never loaned any money to the Defendant. By way of further answer, please refer to Paragraph 31 above. 33. Denied as stated. The Defendant never made repeated promises to repay the Plaintiff; to the contrary, the Defendant made a single, general promise to repay the Plaintiff for the payments he made on her behalf as set forth in Paragraph 14 above. 34. Denied as stated. The Defendant made three (3) payments to the Plaintiff. Further, these payments were to satisfy a general promise to repay Plaintiff for payments he made on her behalf as set forth in Paragraph 14 above and were not pursuant to any set terms or conditions; therefore, these payments could not be in acknowledgement of a loan or an intention to repay a loan. 35. Denied. This paragraph contains no averments of fact but only a conclusion of law, to which no response is required. To the extent that a response is deemed necessary, the averments of this paragraph are denied. By way of further answer, the Defendant could not have refused to pay the Plaintiff, as she was not required to repay the Plaintiff for anything. By way of further answer, please refer to Paragraph 31 above. Page 6 of 9 NEW MATTER 36. Although the Defendant did sign a lease while living with Plaintiff at Bedford Court, this was for the sole reason of satisfying their rule that all adults living in the apartment must sign a lease, which allows the rental office the right to pursue all residing adults in the event of default by one of the adults. 37. The income of the Defendant was not considered by the rental office in approving the application for the rental unit at Bedford Court. 38. Under no circumstances did the parties set an amount or percentage for responsibility of living expenses, including rent; in fact, Plaintiff was well aware of the poor credit rating and history of Defendant in addition to her limitations of net income versus existing debt. 39. Furthermore, the Plaintiff asked the Defendant to move in with him at his prior residence on May 26, 2004 when Defendant had to unexpectedly leave her parental home. The Plaintiff decided to move into the residence at 516 Bedford Court, which had a higher rent obligation, so that he could buy and own a dog. 40. While the parties resided together, the Defendant performed all the household duties and contributed money to groceries as she could afford. 41. The Plaintiff refused to discuss any money that Defendant felt she owed him; specifically, the Plaintiff refused to discuss repayment of the payments he made on Defendant's behalf as set forth in Paragraph 14 above until such time that Defendant began to pay Plaintiff $50.00 a week for these payments on her own accord. Page 7 of 9 WHEREFORE, Defendants demand judgment against Plaintiff and the costs of this action. Respectfully Submitted, ,TES, LLC Dated: July, 17, 2006. B. Kope, Page 8 of 9 ,TU--17-2086 1052 KOPE & PSSOCIPTES. VERIFICATION 717 737 6656 P.11 1, Raohael Wynn, the Defendant in this matter, have read the foregoing Answer to Plaintiffs Complaint with New Matter, I verify that my averments in this Answer are true and correct and based upon my personal knowledge. i understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsifications to authorities. Dated; 1XhaelhWynni Page 9 of 9 V r e, Ld WHS7:TT 9902 0 'inf TOOT OVE 008 : 'ON 3NOHd 1.NHdWOO 1SIC H88 : W06A CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, do hereby certify that on July 17, 2006, 1 served a true and correct copy of the foregoing Answer to Plaintiffs Complaint with New Matter via first class mail, postage prepaid, addressed as follows: Stacy B. Wolf Wolf & Wolf 49 West High Street Carlisle, PA 17013 SkVe B. Kope, Esq. 4660 Sui 201 Camp Hill, PA 17011 (717) 761-7573 I.D. 92207 (Attorney for Defendant) STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF JAMES E. DAVIS, Plaintiff V. RACHAEL E. WYNN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 2006 - 2183 CIVIL TERM CIVIL ACTION - LAW PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER NOW comes the plaintiff, James E. Davis, by and through his attorney, Stacy B. Wolf, Esquire, and files this reply to the defendant's new matter, representing as follows: 36. Denied. To the contrary, Defendant signed the lease because she, along with Plaintiff, was responsible for the payment of rent. 37. Plaintiff, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of these averments. 38. Denied. To the contrary, the patties agreed to a 50/50 split of living expenses, including rent; Plaintiff was not aware of any poor credit rating or history of Defendant but was aware of Defendant's ability to obtain a personal loan and an automobile loan and thus was aware Defendant had at least satisfactory credit. 39. Denied. To the contrary, Plaintiff told Defendant she was able to move in with him at his prior residence on May 26, 2004 because she was told to leave her parents' home and had nowhere to go. To the contrary, it was a mutual decision of Plaintiff and Defendant to move into the residence at 516 Bedford Court, which had a higher rent obligation, so that Plaintiff and Defendant could buy and own a dog. 40. Admitted in part and denied in part. It is denied that Defendant performed all of the household duties. To the contrary, Defendant performed most of the household duties. It is admitted that Defendant contributed money to groceries as she could afford 41. Denied. To the contrary, Plaintiff initiated discussions with Defendant concerning the money that Defendant owed him; Plaintiff never refused to discuss repayment of the payments he made on Defendant's behalf as set forth in Paragraph 14 above and to the contrary, Defendant began to pay Plaintiff $50.00 a week for these payments in accordance with Plaintiff and Defendant's agreement. WHEREFORE, Plaintiff demands that Defendant's new matter be dismissed and that judgment be entered in favor of Plaintiff and against Defendant as set forth in Plaintiff's Complaint. Respectfully submitted, WOLF & WOLF BY: ???2 K/ STACY B. WOLF, Esquire 4 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court ID. # 88732 Attorney for Plaintiff VERIFICATION I do hereby verify that I am the plaintiff in the instant action and that the facts set forth in Plaintiff's Reply to Defendant's New Matter are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.GS. Section 4904, relating to unswom falsification to authorities. August a , 2006 ames E. Davis Plaintiff STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 89732 WOLF & WOLF 30 WEST HIGH STREET CARLISLE, PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF JAMES E. DAVIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. NO. 2006 - 2183 CIVIL TERM RACHAEL E. WYNN, Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVIC I, the undersigned counsel for the plaintiff, do hereby certify that I have this date served a copy of this Reply to New Matter upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Shane B. Bope, Esquire 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 August Y-, 2006 - w J, L--? W Stacy B. lf, Esquire 10 West High Street Carlisle, PA 17013 717-241-4436 Supreme Court ID # 88732 Attorney for Plaintiff 4 Q 0 T -Val A nirr c ni? Z_ .,_ cI z- 1n i co CO t5 ZE: j ( M S" N O O h1 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JAMES E. DAVIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - 2183 CIVIL TERM RACHAEL E. WYNN, Defendant : CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Stacy B. Wolf, counsel for the plaintiff, James E. Davis, in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $8,144.42. No counterclaim has been made by the defendant. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Shane B. KW&. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully Submitted, WOLF & WOLF October 2006 By: )0.:LZj) STACY B. W LF, ESQUIRgr- Attorney for Plaintiff WOLF & WOLF 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JAMES E. DAVIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - 2183 CIVIL TERM RACHAEL E. WYNN, Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, have served a true and correct copy of the foregoing document upon the following person and in the matter indicated: SERVICE BY U.S. MAIL: Shane B. Kope, Esquire Kope & Associates 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 WOLF & WOLF October 1 2006 By: STACY B. LF, ESQUIREA Attorney for Plaintiff WOLF & WOLF 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 ??oo p Co Cr +a r V JAMES E. DAVIS, Plaintiff v. RACHAEL E. WYNN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006 - 2183 CIVIL TERM : CIVIL ACTION - LAW ORDER AND NOW, this ?edaY of oez? , 2006, in consideratio of the foregoing fi, petition, X?4 , Esq., W1. (,a4s ,and _JLAa? - P1 Ozt,4,a" Esq. are appointed arb rators in the above-captioned action as prayed for. BY CO G P. F i L E U--tat Fl(a"' OF T HE F,_: , , m ;r`y' T .Y 2006 OCT 23 PH 2' 09 CUM 'os ??01 'Ta?'' F. le?? Plaintiff Defendant Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and, the Constitution of this Commonwealth and that we will discharge the duties of our office with fid ty. Signature Signature Signature 1Lo? /knd Name (Chairman) Law Firm Address l? City, zip 64%& *eL, J . CAJ640,f Name i 0..4 w I%4e*:+'z Law Firm 3o c M Amo r s nuts r Address. Lt.-?oy,.r rA 1,70+3 City, . Zip Name Law Firm. Address city, zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) woo -FWI0 !IV 4;?U'av? 0-p- 4 V V + o'a. oo Ile-? S trator, dissents. name if applicable U 4L* Date of Hearing: " V.? a O 1 t..? Date of Award: i M& Notice of Entry of Award Now, the day of _ November , 20_0?, at 3: o t , P.M., the above award was entered upon the docket and noticethereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ C990.00 ' By: -Protho otary Deputy In The Court of Common Pleas of Cumberland County, Pennsylvania No. - Civil Action - Law. Plaintiff ?? 12al-Ita E Vf De endant Oath In The Court of Common Pleas of Cumberland County, Pennsylvania No.,0®6 Civil Action - Law. We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fid ty. Signature Signature Signature vV /kno Name (Chairman) Ltllel -61P)F4?-5- Law Firm p?.S4- Address city, zip b4toor L. J . Ge?ss+oy Name io'bisw DwPr-•z Law Firm sot M+wnar c r s rvL?ts r Address Le"o-Wiz rR 117043 City, Zip Name I 101819 # //X31 Away Law Firm Address City, Zip We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) `f ..F f Ift MOX 3aw:oo U /IA 5 trator, dissents. name if applicable.) Date of Hearing: /j Date of Award: Notice of Entry of Award Now, the day of November , 206(v , at 3.0I , P .M., the above award was entered upon the docket and notice;thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ d96.00 r By: Protho otary Deputy Op LYI lv4 b w STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JAMES E. DAVIS, Plaintiff V. RACHAEL E. WYNN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 2006 - 2183 CIVIL TERM : CIVIL ACTION - LAW PRAEQPE TD ENTER R 1DGMENT To the Prothonotary: Please enter judgment on the arbitration award in accordance with Pa.R.C.P. 1307(c) in the above matter, (1) For James E. Davis, Plaintiff, and against Rachael E. Wynn, Defendant in the amount of $2,300.00 plus interest from November 29, 2006 and cost of suit in the amount of $15.00. Respectfully submitted, Date: January 3, 2007 Wolf & Wolf BY: Stacy B. If, Esquire 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court ID # 88732 Attorney for Plaintiff w STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF JAMES E. DAVIS, Plaintiff V. RACHAEL E. WYNN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 2006 - 2183 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, hereby certify that I have served a true and correct copy of the foregoing document upon the following and in the matter indicated: SERVICE BY FIRST CLASS MAIL: Shane B. Kope, Esquire Kope & Associates, LLC 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Counsel for Defendant WOLF & WOLF January 3 1,2007 By:, STACY . WOLF, ES IRE AAttorney for Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 ILA STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF JAMES E. DAVIS, Plaintiff V. RACHAEL E. WYNN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 2006 - 2183 CIVIL TERM CIVIL ACTION - LAW PRAEC[PE TO SATISFY RZ!GMENT To the Prothonotary: Kindly mark the judgment in the above-captioned matter satisfied. Respectfully submitted, Wolf & Wolf Date: September, 2007 BY: ---" Vw- L Pr' )C) • V la-C.V - Stacy B. Wolf, Esquire 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court ID # 88732 Attorney for Plaintiff Shane B. Bope, Esquire Bope & Associates, LLC 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 Counsel for Defendant WOLF & WOLF STACY B. WOLF, ESQUIRE ATTORNEY M NO. U732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF JAMES E. DAVIS, Plaintiff V. RACHAEL E. WYNN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 2006 - 2183 CIVIL TERM CIVIL ACTION - LAW I, Stacy B. Wolf, Esquire, hereby certify that I have served a true and correct copy of the foregoing document upon the following and in the matter indicated: September -Q?' 2007 By: STACY B. OLF, ESQUIF& Attorney for Plaintiff 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 cn ? ? -ct ,