HomeMy WebLinkAbout06-2734
11
AUDREY J. MCPHERSON,
Plaintiff
V.
HOWARD A. SKINNER and
DEBRA K. SKINNER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 0(o - 0W V (21r u i C?k-1-7
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 attorney and
filing in writing with the Court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so, the case may proceed without you and a
judgment may be entered against you by the Court without further notice for any money
claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle, PA 17013
Telephone: 800-990-9108
JAMES, S TTERICK & CONNELLY, LLP Q-1 Dated: ? By: -? ?- _
WARD P. SEEBER, ESQUIRE
Attorney I.D. #76084
P.O. Box 650
Hershey, PA 17033-0650
(717) 533-3280
Attorneys for Plaintiff, Audrey J. McPherson
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de
los prbximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte
por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede
proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos
importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI
USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA
OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN
ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE
QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE
OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BA70 COSTO A PERSONAS QUE
CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. Bedford Street
Carlisle, PA 17013
Telephone: 800-990-9108
AUDREY J. MCPHERSON, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
HOWARD A. SKINNER and NO. OL
DEBRA K. SKINNER,
Defendants
CIVIL ACTION - COMPLAINT
AND NOW, comes AUDREY J. MCPHERSON ("Plaintiff') by and through her
attorneys, James, Smith, Dietterick & Connelly, LLP, and files this Civil Action Complaint as
follows:
Plaintiff, AUDREY J. MCPHERSON, is an adult individual currently residing at
613 Mountain Road, Enola, Cumberland County, Pennsylvania 17025.
2. Defendant, HOWARD A. SKINNER, is an adult individual currently residing at
992 Cornell Avenue, Clermont, Florida 34711-8235.
3. Defendant, DEBRA K. SKINNER, is an adult individual currently residing at 992
Cornell Avenue, Clermont, Florida 34711-8235.
COUNT I - BREACH OF CONTRACT
4. On or about January 8, 2004, March 26, 2004 and November 8, 2004 Defendants
entered into oral loan agreements (collectively the "Loan") with Plaintiff in the amounts of One
Thousand Five Hundred Dollars ($1,500.00), Ten Thousand Dollars ($10,000.00) and Two
Thousand Dollars ($2,000.00) respectively. Copies of the negotiated checks are attached hereto
as Exhibits "A" and "B" respectively and made apart hereof. A copy of Plaintiff's account
statement showing the One Thousand Five Hundred Dollar ($1,500.00) wire transfer is attached
hereto and marked as Exhibit "C" and made a part hereof.
5. To date, Defendants have failed to repay the Loan in the amount of Thirteen
Thousand Five Hundred Dollars ($13,500.00).
6. Plaintiff has demanded payment of the aforesaid Loan from Defendants, but, to
date, Defendants have failed or refused to pay in breach of the Loan.
Any and all conditions precedent to payment to Plaintiff have been satisfied.
8. Notwithstanding Plaintiffs demands for payment, Defendants' obligations to repay
the aforementioned Loan remain unsatisfied.
9. The amount due and owing Plaintiff by Defendants is Thirteen Thousand Five
Hundred Dollars ($13,500.00) as of May 3, 2006, with interest, attorneys' fees and costs.
WHEREFORE, Plaintiff demands judgment in her favor and against Defendants in the
amount of Thirteen Thousand Five Hundred Dollars ($13,500.00), together with interest,
attorneys' fees and costs.
ALTERNATIVE COUNT I - UNJUST ENRICHMENT
In the event it is determined that no oral contract existed in fact or at law between
Plaintiff and Defendants as alleged in Count I, the Plaintiff alleges as follows:
10. Plaintiff supplied certain cash to Defendants and Defendants accepted same as
indicated by Exhibits "A", "B" and "C"
11. Plaintiff conferred an extensive benefit on Defendants specifically by providing
them with Thirteen Thousand Five Hundred Dollars ($13,500.00).
12. Plaintiff was denied return on the contribution as Defendants have failed to remit
payment to Plaintiff.
13. Plaintiff was induced by Defendants to provide Defendants with cash based on
anticipated repayment by Defendants.
14. Defendants received a benefit of the cash since it was accepted by Defendants.
15. Defendants will be unjustly enriched if they are allowed to retain the benefit of the
cash without returning it to the Plaintiff.
WHEREFORE, Plaintiff demands judgment in her favor and against Defendants in the
amount of Thirteen Thousand Five Hundred Dollars ($13,500.00), together with interest,
attorneys' fees and costs.
JAMES, SMITH, DIETTERICK & CONNELLY, LLP
Dated: //? a6 By:
` E ARD P. SEEBER, ESQUIRE
Attorney I.D. #76084
P.O. Box 650
Hershey, PA 17033-0650
(717) 533-3280
Attorneys for Plaintiff, Audrey J. McPherson
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PAYTOTHE-
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Date 11-15-2004 Account 100007961 Amount 2000.00 TR 231372387 TC 678 Serial 678 Capture O DbCr D EndPoint 53 Adjustment
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AUDREY J. McPHERSON 60-2313
613 MOUNTAIN ST. 0100007961
ENOLA, PA 17025 DATE 1 I- 8 -C ,,T
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Page 1 of 1
STATEMENT DATE
1-20-04
AUDREY J MCPHERSON LIVING TRUST
AUDREY J MCPHERSON TRUSTEE
613EMOUNTAINERpON JR TRUSTEE
ENOLA PA 17025
LOOKING TO EARN MORE? OUR CERTIFICATE OF DEPOSIT
SPtECIALS ARE HARD TO BEAT! VISIT YOUR LOCAL BRANCH
OR CALL US AT 1-866-WAYPOINT FOR DETAILS.
ACCOUNT TYPE OF ACCOUNT AVERAGE BALANCE
100D07
--
- 961 YIP FREE
- 62,997 .50
--
-- -------------------------------------
-
PREVIOUS BALANCE ----- ----- -----------
73.762. -----
52
DEPOSITS 1,579. 27
WITHDRAWALS 14,664. 41
CHARGES 1. 00
INTEREST 7. 75
ENDING BALANCE 60,684. 13
* - - - -INTEREST SUMMARY- - - - - - - - - - - - - -
INTEREST EARNED FROM 12121103 TO 1/20/04
GAYS IN PERIOD 30
INTEREST EARNED 7.75
ANNUAL PERCENTAGE YIELD EARNED .15 1
INTEREST PAID THIS YEAR 7.75
INTEREST WITHHELD THIS YEAR .00
* - - - - - - - - - - - - - TRANSACTION SUMMARY - - - - - - -
TR ANSACTION DEPOSITS/ CHECKS/
DATE DE SCRIPTION CREDITS DEBITS BALA NCE
12123 OV ER COXI?R DEBIT 10000. 00 63762 .52
12123 CH ECK 1169 300. 00 63462 .52
1212 CH ECK 1170 48 .05 14
634 .47
12/2 OV ER COUNTER DEBIT 400. 00 ,
63614 .47
1212R CH ECK 1173 58. 60 62956 .17
1212 CH ECK 1169 32. 5 62923 .52
12/2 CH ECK 88 20. 14 629 3 .38
12/3 CH ECK 88 204 .34 6269 .04
12130 CH ECK 1172 39. 64 62659 .40
12130 CH ECK 88 16. 07 62643 .33
12/31 CH ECK 1167 34 00 6260 33
1/02
1/02
1/02
1/05
1/05
1/06
1/06
3 RR RE 751.03
NSACTION 557.00
3 SOC SEC
NSACTION 213.34
TRUST DEPT
NSACTION
CHECK/ACC.
CONTINUED ON NEYT PAGE
63360. 36
63917, 36
64130. 70
¢00 .00 63530. 70
111 .80 63418 .90
15 .50 53403. 40
600 .00 62803. 40
300 .00 62503. 40
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https:Hl92.168.99.20/dsi-bin/dsigtwy.dll/ZOS----------- 1 0000796 1 20040 1 20000 1.htm 3/8/06
Page 1 of 1
AUDREY J MCPHERSON LIVING TRUST
ST ATEMENT DATE
1-20-04
YIP FREE
100007961
PAGE 2
1/08 OVER COUNTER DEBIT 1500.00 61 03.40
$
1112 ODA R TN 000000085940 42.40 61
45.60
SEARS ROEBUCK 26
C H
PA
1112 HECK 505 211.99 60833.81
1113 DEPOS IT 15.50 60849.31
1/13 CHECK 506 46.50 60802.81
1/16 CHECK 508 34.25 60768.56
1/2Q CHECK 509 51.18 60717.38
112 CHECK 502 40.00 60677.38
1/20 SERVI CE CHARGE 1.00 60676.38
1120 INTER EST PAYMENT 7.75 60684.13
*-- - - - --- --- CHECKS PAID ---- - - ---
N0.. DATE AMOUNT N0. DATE AMOUNT
88 12-30 16 .07 508* 1-16 34.25
88*12-30 204 .34 509 1-20 51.18
BB*12-29 20 .14 1151* 1-05 111.80
501* 1-06 300 .00 1167*12-31 34.00
502 1-20 40 .00 1166 12-23 300.00
503 1-06 600 .00 1169 12-29 32.65
504 1-05 600 .00 1170 12-23 48.05
505 1-12 211 .99 1172*12-30 39.64
506 1-13 46 .50 1173 12-29 58.30
THANK YOU FOR BANKING AT WAYPOINT BANK
https://192.168.99.20/dsi-bin/dsigtwy.dll/ZOS----------- 100007961200401200002.htm 3/8/06
VERIFICATION
The undersigned, Audrey J. McPherson, hereby verifies that the facts set forth in the
foregoing Complaint are true and correct to the best of her knowledge, information and belief and
further states that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904 relating to unworn falsification to authorities.
Date: Sr /?,?
Audrey J. herson
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AUDREY J. MCPHERSON,
Plaintiff
V.
HOWARD A. SKINNER and
DEBRA K. SKINNER,
Defendants
I, EDWARD P. SEEBER, Esquire, do hereby certify that on May 20, 2006 a true and
correct copy of a Civil Action Complaint was served upon the following below-named
individuals by United States, postage prepaid, certified mail at Hummelstown, Pennsylvania, ad-
dressed to:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-2734 Civil Term
CERTIFICATE OF SERVICE
Howard A. Skinner
992 Cornell Avenue
Clermont, FL 34711-8235
By:
EJ?WARD P. SEEBER, Esquire
torney I.D. #76084
P.O. Box 650
Hershey, PA 17033-0650
(717) 533-3280
Attorney for Plaintiff
Debra K. Skinner
992 Cornell Avenue
Clermont, FL 34711-8235
Mailing and return receipt cards attached hereto.
AUDREY J. MCPHERSON,
Plaintiff
V.
HOWARD A. SKINNER and
DEBRA K. SKINNER,
Defendants
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AUDREY J. MCPHERSON,
Plaintiff
V.
HOWARD A. SKINNER and
DEBRA K. SKINNER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-2734 Civil Term
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AUDREY J. MCPHERSON,
Plaintiff,
V.
HOWARD A. SKINNER and
DEBRA K. SKINNER,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-2734 - Civil Term
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Kindly enter my appearance in the above action on behalf of the above named
Defendants, Howard A. Skinner and Debra K. Skinner.
Respectfully submitted,
& KEARNS
Date: June 13 , 2006 By:
Je CoFront cGuire, Esquire
o . No. 73617
63Street
Harrisburg, PA 17110
(717) 232-7661
Attorney for Defendant, Adair Construction
Services, Inc.
06416-001/102472
CERTIFICATE OF SERVICE
AND NOW, this 13th day of June 2006, I hereby certify that I have served a copy of the
within document on the following by depositing a true and correct copy of the same in the
U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to:
Edward P. Seeber, Esquire
James, Smith Dietterick & Connelly, LLP
P. O. Box 650
Hershey, PA 17033-0650
CALDWELL & KEARNS
By-
06396-001/102460
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AUDREY J. MCPHERSON,
Plaintiff
V.
HOWARD A. SKINNER and
DEBRA K. SKINNER
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 06-2734 Civil Term
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO:
Edward P. Seeber, Esquire
JAMES, SMITH, DIETTERICK &
CONNELLY, LLP
P.O. Box 650
Hershey, PA 17033-0650
Audrey J. McPherson
613 Mountain Road
Enola, PA 17025
YOU ARE HEREBY NOTIFIED that the Preliminary Objections of Defendants Howard
A. and Debra K. Skinner set forth herein contains averments against you to which you are
required to respond within twenty (20) days after service thereof. Failure by you to do so may
constitute an admission.
Respectfully submitted,
Date: GIG O? By:
JeYey/rtFront cGuire, Esquire
torneNo. 73617
3631 N Street
Harrisburg, Pennsylvania 17110
(717) 232-7661
Attorney for Defendants,
Howard A. and Debra K. Skinner
Jeffery T. McGuire, Esquire
CALDWELL & KEARNS
3631 North Front Street
Harrisburg, PA 17110
717-232-7661
Counsel for Defendants, Howard A. and Debra K. Skinner
AUDREY J. MCPHERSON
Plaintiff
V.
HOWARD A. SKINNER and
DEBRA K. SKINNER
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 06-2734 Civil Term
JURY TRIAL DEMANDED
PRELIMINARY OBJECTIONS
OF DEFENDANTS, HOWARD A. SKINNER and DEBRA K. SKINNER
AND NOW comes Defendants Howard A. and Debra K. Skinner by and through their
counsel Caldwell & Kearns and file these Preliminary Objections as follows:
1. On or about May 11, 2006 Plaintiff, Audrey J. McPherson ("Plaintiff'), filed a
complaint against Defendants, Howard A. and Debra K. Skinner ("Defendants")
2. Plaintiff's complaint alleges that Defendants failed to pay certain monies owed
pursuant to three oral loan agreements allegedly made between the parties on or about January 8,
2004, March 26, 2004, and November 8, 2004.
3. Plaintiff's complaint attempts to set forth causes of action for Breach of An Oral
Contract and Unjust Enrichment.
Lack of Personal Jurisdiction
4. The Defendants are individuals residing at 992 Cornell Avenue, Clermont,
Florida.
1
5. Service in this action was made on the Defendants by certified mail.
6. This Court lacks in personam jurisdiction over defendant, because defendant has
had insufficient contacts with this Commonwealth for the reasons set forth herein.
7. Defendants' contacts with this Commonwealth consist of telephone conversations
with the Plaintiff.
8. The Defendants' contacts did not arise out of a commercial setting nor were they
incidental to any business activity in which defendant was engaged.
9. The Defendants' contacts with this state do not constitute the substantial and
meaningful contacts with this Commonwealth necessary to establish in personam jurisdiction
over them.
WHEREFORE, the Defendants request this court to enter a judgment in favor of
Defendants and against the Plaintiff because this court lacks jurisdiction over the person of the
defendant.
Respectfully submitted:
CALDWELL & KEARNS
Date:
By:
Jeffrey T. McGuire, Esquire
Attorney I.D. No. 73617
3631 North Front Street
Harrisburg, Pennsylvania 17110
(717) 232-7661
Attorney for Defendants,
Howard A. and Debra K. Skinner
06416001/102858
2
CERTIFICATE OF SERVICE
AND NOW, this day of , 2006 I hereby certify that I
have served a copy of the within document on the following by depositing a true and correct
copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to:
Edward P. Seeber, Esquire
JAMES, SMITH, DIETTERICK
& CONNELLY, LLP
P.O. Box 650
Hershey, PA 17033-0650
CALDWELL & KEARNS
By
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
AUDREY J. MCPHERSON NO. 06-2734
Plaintiffs
V.
HOWARD A. SKINNER and
DEBRA K. SKINNER
Defendants
PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS
AND NOW comes Plaintiff's, Audrey J. McPherson (hereinafter "Plaintiff')
through her counsel, James Smith Dietterick & Connelly LLP, and files this Answer to
Defendant's Preliminary Objections as follows:
1. Admitted.
2. Admitted.
3. Denied. Plaintiffs Complaint does set forth causes of action for breach of
contract and unjust enrichment.
4. Admitted.
5. Admitted.
6. Denied. Paragraph 6 of Defendants' Preliminary Objections contains
conclusions of law to which no response is required. To the extent that a response is
required, it is specifically denied that this Court lacks in personam jurisdiction over the
Defendants.
7. Denied. Plaintiff is without sufficient information to form a belief as to the
truth of Defendants' averment in Paragraph 7 of their Preliminary Objections. Strict
proof of same is demanded at trial.
8. Denied. Plaintiff is without sufficient information to form a belief as to the
truth of Defendants' averment in Paragraph 8 of their Preliminary Objections. Strict
proof of same is demanded at trial.
9. Denied. Paragraph 9 of Defendants' Preliminary Objections contains
conclusions of law to which no response is required. To the extent that a response is
required, it is specifically denied that this Court lacks in personam jurisdiction over the
Defendants.
WHEREFORE, Plaintiff request this Court to deny Defendants' Preliminary
Objections and order Defendants to file an Answer to the Complaint within twenty (20)
days.
Respectfully submitted,
I JAMES SMITH IDI,ET^TERICK & 1 ONNELLY L?LP
Dated: I C)By: l/V V / /?"???/ v
EDWARD P. SEEBER, ESQUIRE
Attorney I.D. #76084
KIMBERLY A. DEWITT, ESQUIRE
Attorney I.D. #89705
P.O. Box 650
Hershey, PA 17033-0650
(717) 533-3280
CERTIFICATE OF SERVICE
The undersigned hereby certifies that I served a true and correct copy of the
foregoing Plaintiff's Answer to Defendants' Preliminary Objections upon the following
below-named individual(s) by depositing same in the U.S. Mail, postage pre-paid at
Hershey, Dauphin County, Pennsylvania this Sday of K k 2006.
SERVED UPON:
Jeffrey T. McGuire, Esquire
3631 North Front Street
Harrisburg, PA 17110
JAMES SMITH DIETTERICK & CONNELLY
LLP
Dated: lo 6 ?e B [Wk avu*
Y
EDWARD P. SEEBER, ESQUIRE
Attorney I.D. #76084
KIMBERLY A. DEWITT, ESQUIRE
Attorney I.D. #89705
P.O. Box 650
Hershey, PA 17033-0650
(717) 533-3280
J
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
AUDREY J. MCPHERSON NO. 06-2734
Plaintiffs
V.
HOWARD A. SKINNER and
DEBRA K. SKINNER
Defendants
PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS
AND NOW comes Plaintiff s, Audrey J. McPherson (hereinafter "Plaintiff')
through her counsel, James Smith Dietterick & Connelly LLP, and files this Answer to
Defendant's Preliminary Objections as follows:
Admitted.
2. Admitted.
3. Denied. Plaintiffs Complaint does set forth causes of action for breach of
contract and unjust enrichment.
4. Admitted.
Admitted.
6. Denied. Paragraph 6 of Defendants' Preliminary Objections contains
conclusions of law to which no response is required. To the extent that a response is
required, it is specifically denied that this Court lacks in personam jurisdiction over the
Defendants.
Denied. Plaintiff is without sufficient information to form a belief as to the
truth of Defendants' averment in Paragraph 7 of their Preliminary Objections. Strict
proof of same is demanded at trial.
J
8. Denied. Plaintiff is without sufficient information to form a belief as to the
truth of Defendants' averment in Paragraph 8 of their Preliminary Objections. Strict
proof of same is demanded at trial.
9. Denied. Paragraph 9 of Defendants' Preliminary Objections contains
conclusions of law to which no response is required. To the extent that a response is
required, it is specifically denied that this Court lacks in personam jurisdiction over the
Defendants.
WHEREFORE, Plaintiff request this Court to deny Defendants' Preliminary
Objections and order Defendants to file an Answer to the Complaint within twenty (20)
days.
Respectfully submitted,
JAMES SMITH DIETTERICK & ONNELLY LLP
Dated: ?-d dcp By
EDWARD P. SEEBER, ESQUIRE
Attorney I.D. #76084
KIMBERLY A. DEWITT, ESQUIRE
Attorney I.D. #89705
P.O. Box 650
Hershey, PA 17033-0650
(717) 533-3280
r
CERTIFICATE OF SERVICE
The undersigned hereby certifies that I served a true and correct copy of the
foregoing Plaintiffs Answer to Defendants' Preliminary Objections upon the following
below-named individual(s) by depositing same in the U.S. Mail, postage pre-paid at
Hershey, Dauphin County, Pennsylvania this _aday of ? - 2006.
SERVED UPON:
Jeffrey T. McGuire, Esquire
3631 North Front Street
Harrisburg, PA 17110
JAMES SMITH DIETTERICK & CONNELLY
Dated: LLP
2,016(e Ey: [U? av?,*
EDWARD P. SEEBER, ESQUIRE
Attorney I.D. #76084
KIMBERLY A. DEWITT, ESQUIRE
Attorney I.D. #89705
P.O. Box 650
Hershey, PA 17033-0650
(717) 533-3280
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
CAPTION OF CASE
AUDREY J. MCPHERSON NO. 06-2734
Plaintiffs
V.
HOWARD A. SKINNER and
DEBRA K. SKINNER
Defendants
1. State matter to be argued (i.e., plaintiff's motion for new
trial, defendant's demurrer to complaint, etc.):
Defendants' Preliminary Objections and Plaintiff's response thereto
2. Identify counsel who will argue case:
(a) for plaintiff: Edward P. Seeber, Esquire/KimberlyA. Bonner, Esq.
Address : P.O. Box 650, Hershey, PA 17033
(b) for defendant : Jeffrey T. McGuire, Esquire
Address: 3631 North Front Street, Harrisburg, PA 17110
3. I will notify all parties in writing within two days that
this case has been listed for argument.
4. Argument Court date: JULY 12,2006
At orney for Plaintiff
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AUDREYJ.MCPHERSON,
PLAINTIFF
V.
HOWARD A. SKINNER AND
DEBRA K. SKINNER,
DEFENDANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
06-2734 CIVIL TERM
IN RE: PRELIMINARY OBJECTION OF DEFENDANTS
TO PLAINTIFF'S COMPLAINT
BEFORE BAYLEY, J. AND HESS. J.
ORDER OF COURT
AND NOW, this l day of August, 2006, IT IS ORDERED:
(1) The depositions of plaintiff and defendants shall be taken and filed of record
within forty (40) days of this date.
(2) Each party shall file a supplement brief in this chambers in support of their
respective positions on defendants' preliminary objections to the complaint not later
than fifty-five (55) days from this date. No further oral
Bype Cou
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Edgar B.
ward P. Seeber, Esquire
For Plaintiff
?Peffrey T. McGuire, Esquire
For Defendants
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AUDREYJ.MCPHERSON,
PLAINTIFF
V.
HOWARD A. SKINNER AND
DEBRA K. SKINNER,
DEFENDANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
06-2734 CIVIL TERM
IN RE: PRELIMINARY OBJECTION OF DEFENDANTS
TO PLAINTIFF'S COMPLAINT
BEFORE BAYLEY, J. AND HESS. J.
OPINION AND ORDER OF COURT
Bayley, J., August 24, 2006:--
Plaintiff, Audrey J. McPherson, of Enola, Cumberland County,
Pennsylvania, filed a complaint against defendants, Howard A. Skinner and
Debra K. Skinner, of Clermont, Florida. Plaintiff seeks $13,500, with interest and
costs, for alleged loans she avers she made to and are due from defendants.
Pursuant to Pa. Rule of Civil Procedure 1028(a)(1), defendants filed a
preliminary objection to the compliant alleging lack of jurisdiction over their
persons. The issue has been briefed and argued. In Hall-Woolford Tank Co.,
Inc. v. R.F. Kilns, Inc., 698 A.2d 80 (Pa. Super. 1997), the Superior Court of
Pennsylvania stated:
It is well settled that "an individual's contract with an out-of-
state parry alone cannot automatically establish sufficient minimum
contacts in the other party's home forum." Kubik v. Letteri, 532 Pa.
at 18, 614 A.2d at 1114 (emphasis in original) (citing Burger King
y
06-2734 CIVIL TERM
Corporation v. Rudzewicz, 471 U.S. 462 at 478-80, 105 S.Ct. 2174
at 2185-86, 85 L.Ed.2d 528 at 545); see also C.J. Betters Corp. v.
Mid South Aviation Services, Inc., 407 Pa.Super. 511, 515-16, 595
A.2d 1264, 1266 (1991). Rather, the totality of the parties'
dealings, including the contract negotiations, contemplated future
consequences of the contract, and actual course of dealing must
be evaluated in order to determine whether the foreign defendant is
subject to suit in the plaintiffs chosen forum. Id.
A review of the pleadings does not provide a record with sufficient facts to
determine whether, based on a totality of the party's dealings, defendants are
subject to this suit in Cumberland County. Rule 1028(c)(2) relating to preliminary
objections, provides that "if an issue of fact is raised, the court shall consider the
evidence by depositions or otherwise." The parties shall take the depositions of
plaintiff and defendants to develop an adequate record to determine the issue of
in personam jurisdiction.
ORDER OF COURT
AND NOW, this 2-_ day of August, 2006, IT IS ORDERED:
(1) The depositions of plaintiff and defendants shall be taken and filed of record
within forty (40) days of this date.
(2) Each party shall file a supplement brief in this chambers in support of their
respective positions on defendants' preliminary objections to the complaint not later
than fifty-five (55) days from this date. No further oral
By tho Court,
Edgar
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06-2734 CIVIL TERM
Edward P. Seeber, Esquire
For Plaintiff
Jeffrey T. McGuire, Esquire
For Defendants
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AUDREY J. M PHERSON, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V NO. 06-2734
HOWARD A. SKINNER &
DEBRA K. SKINNER,
DE S
DEPOSITION OF: HOWARD A. SKINNER, VIA TELEPHONE
TAKEN BY PLAINTIFF
BEFORE KASSANDRA L. MCPHERSON, RPR
NOTARY PUBLIC
DATE SEPTEMBER 27, 2006, 4:22 P.M.
PLACE JAMES, SMITH, DIETTERICK &
CONNELLY, LLP
134 SIPE AVENUE
HUMMELSTOWN, PENNSYLVANIA
JAMES, S MITH, DIETTERICK & CONNELLY, LLP
BY: KIM BERLY A. BONNER, ESQUIRE
FOR - PLAINTIFF
CALDWET-T & KEARNS
BY: JEF FREY T. MCGUIRE, ESQUIRE
FOR - DEFENDANTS
Hugh
2080 Linglestown Road • Suite 103 • Harrisburg, PA 17110
717.540.0220 • Fax 717.540.0221 • Lancaster 717.393.5101
Multi-Page TM
HOWARD A. SKINNER
SEPTEMBER 27, 2006
Page 2 Page 4
1 WITNESSES 1 loans, the money, anything on that subject?
2 NAME DIRECT CROSS DIRECT RECROSS 2 A Nope, never did. The only thing I ever talked
3 HOWARD A. SKINNER 3 to her about was my wife's health.
4 BY: MS. BONNER 3 -- -- -- 4 Q Okay. What was your understanding about this
5 BY: MR. MCGUIRE -- s -- -- 5 money that Audrey McPherson would send to you and your
6 6 wife?
7 7 A That it was a loan -- I mean, excuse me, that it
e 8 was a gift and not a loan because we couldn't take a loan.
9 9 And I made sure that -- made sure that -- because we were
10 10 in the bankruptcy situation we couldn't accept the loan.
11 11 And I made sure that when Debbie told me about it that she
12 12 had made sure that she knew that. And she said that she
13 13 had. So we didn't think anything more about it. I wasn't
14 14 totally in favor of it at the time but it sure came in
15 15 handy.
16 16 Q Handy.
17 - 17 A And I thought it was very nice and extremely
18 18 generous of her. Something that my family might do were
19 19 they still alive.
20 20 Q Mr. Skinner, when was the last time you were in
21 21 Pennsylvania?
22 22 A May, June 2001.
23 23 Q Was that the time that your wife stated in her
24 24 testimony?
25 25 A Yes.
Page 3 Page 5
1 It is hereby stipulated by a d between 1 MS. BONNER: Thank you, Mr. Skinner. I have no
2 counsel for the respective parties that reading, signing, 2 further questions.
3 sealing, certification and filing are her eby waived; and 3 CROSS-EXAMINATION
4 that all objections except as to the for m of the question 4 BY MR. MCGUIRE:
5 are reserved to the time of trial. 5 Q Howard, I'm just going to follow up with, I
6 6 think, two real quick things. What was the business you
7 HOWARD A. SKINNER, via telep one, called as a 7 were involved in that brought you to Pennsylvania in 2001?
8 witness, being duly sworn, testified follows: 8 A I was -- attended a one-week school at the Navy
9 DIRECT EXAMINATION 9 Inventory Control Point in Mechanicsburg.
10 BY MS. BONNER: 10 Q And do you know when you or your wife were last
11 Q Mr. Skinner, are you still on th e phone? 11 in Pennsylvania prior to that?
12 A Yes. 12 A I was last in Pennsylvania, if you just count
13 Q Did you hear the testimony tha t your wife, Debra 13 driving through, going from east to west, west to east or
14 Skinner, just gave? 14 north to south and vice versa, I was last in Pennsylvania
15 A Yes. 15 going to Navy school in Philadelphia in 1979.
16 Q Is there anything she said that ou think she 16 Q Do you know when your wife was last in
17 was in error saying? 17 Pennsylvania?
18 A No, not that I can think of. 18 A I'm not positive, but I think other than for
19 Q Did you, yourself, ever speak t o Audrey 19 visiting of relatives, perhaps the last time I know she
20 McPherson? 20 lived there was 1972.
21 A Yes. 21 MR. MCGUIRE: That's all. Thank you. Do you
22 Q When you spoke with her did you ever discuss 22 have anything further?
23 these various loans which I went throu gh with your wife? 23 MS. BONNER: Nothing further, Mr. Skinner.
24 A No. 24 Thank you very much.
25 Q So when you spoke to her you never discussed the 25 (The proceedings concluded at 4:25 p.m.)
HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101
Page 2 - Page 5
HOWARD A. SKINNER
)SEPTEMBER 27, 2006
Multi-Page
Page 6
COUNTY OF YORK
I SS
2 COMMONWEALTH OF PENNSYLVANIA:
3 I, Kassandra L. McPherson, RPIt, Notaj y Public, do
4 hereby certify that personally appeared before me, Howard
5 A. Skinner, the witness, being by me first dul y sworn or
6 affirmed to testify to the truth, the whole truth and
7 nothing but the truth, in answer to the oral q stions
8 propounded to Howard A. Skinner by the atto rneys for the
9 respective parties, testified as set forth in the f oregoing
10 deposition.
11 I further certify that before the taking f said
12 deposition, the above witness was duly sworn or
13 affirmed, that the questions and answers were taken down
14 stenographically by the said Kassandra L. Mc Pherson, RPR,
15 Notary Public, York, PA, approved and agree to, and
16 afterwards reduced to print by means of comp uter-aided
17 transcription under the direction of the aforesa id
18 Reporter.
19 IN TESTIMONY WHEREOF, I have here to subscribed
20 my hand this 9th day of October, 2006.
21
22 K&wmdra L. McP n, RPR
23 Notary Public
24
25
ti
Page 6 - Page 6
HUGH S ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101
Multi-Page `M & - sworn
HOWARD A. SKINNER
between [11 3:1
-&- BONNER [s 1:18
& [41 1:4 1:13
1:18 1:20 2:4 3:10
5:23
brought [11 5:1
5:7
business [11 5:6
06-2734111 1:3 _C-
134 [11 1:14
1972 [115:20
1979 [115:15
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CALDWEL [ll
1:20
certification [i)
3:3
certify [21 6:4
6:11
COMMON [I l 1:2
COMMONWEALTH
2001 [21,4:2Z J:l
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2006 [2]1:12
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6:16
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CONNELL [21
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Control [11 5:9
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4:22[11 1:12 count [1] 5:12
4:25 [11 5:25 COUNTY [z 1:2
6:1
COURT [11 1:2
CROSS [1] 2:2
5 [1] 2:5 CROSS- AT10
5:3
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9th [11 6:20 1:2
-D
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[21 1:3 1:4 DATE Ill 1:12
Debbie p] 4:11
_A_ Debra [21 1:5
3:13
above Ill 6:12 DEFENDAN TS [21
accept [1] 4:10 1:5 1:22
affirmed [21 6:6 deposition [3 1:8
6:13 6:10 6:12
aforesaid (l] 6:17 DIETTERI K [2]
afterwards p] 6:16 1:13 1:18
agreed [11 6:15 DIRECT [21 2:2
alive [114:19 3.9
answer [1] 6:7 direction [11 6:17
answers [11 6:13 discuss [1] 3:22
APPEARANCES Ill discussed [1] 3:25
1:17 down [l ] 6: ? 3
appeared Ili 6:4 driving [11 5:13
approved [11 6:15 duly [31 3:8 6:5
attended Ill 5:8 6:12
attorneys [1] 6:8
Audrey [31 1:2
3:19 4:5 east [2] 5:13 5:13
AVENUE
except Ili 3:4 5:19
excuse pl 4:7 lived [115:20
extremely [1] 4:17 LLP [21 1:13
loan [41 4:7
_F_ 4:8 4:10
family Ill 4:18 loans [2]
favor [1] 4:14 4:1
filing Ill 3:3 _M_
C. t
[11 6.5
follow [11 5:5
follows [1] 3:8
foregoing [1] 6:9
form [l] 3:4
forth [ll 6:9
generous [1G 4:18
gift [1] 4:8
-H-
hand [11 6:20
handy [21 4:15
4.16
PLEAS Ill 1:2
Point [1] 5:9
1:18 positive [1] 5:18
4:8 print Ill 6:16
proceedings [115:25
3:23 propounded [116:8
May [11 4:22
MCGUIRE [41 1:21
2:5 5:4 5:21
McPherson UI 1:2
1:10 3:20 4:5
6:3 6:14 6:22
mean [11 4:7
means [11 6:16
Mechanicsburg [1]
5:9
might [11 4:18
money [2] 4:1
4:5
MS [41 2:4 3:10
5:1 5:23
x [11 hereunto [11 6:19
health Ill 4:3 _N_
hear [1] 3:13 NAME [11
hereby [31 3:1 Navy [21
3:3 6:4 5:15
never [z1
Howard [71 1:4 4:2
11 1:8 2:3 3:7
5:5 6:4 .6:8 nice [11 4:17
HUMMELSTOWN Nope "I
[ll 1:14 north [1]
t
N
ary [41
o
6:3 6:15
nothing [2l
Inventory [11 5:9 6:7
involved Ill 5:7
_J_
J[ll 1:2
JAMES [21 1:13
1:18
JEFFREY [11 1:21
June Ill 4:22
-K-
K [1] 1:5
Kassandra [4] 1:10
6:3 6:14 6:22
KEARNS [1] 1:20
KIMBERLY [11
1:18
knew [l] 4:12
-L-
[11 1.14 error [11 3.17
L [4l
1:10
6:3
ESQUIRE [z 1:18 .
_B 1:21 6:14 6:22
bankruptcy [1] 4:10
EXAMINA
ION [11 last [61
5:12 4:20 5:10
5:14 5:16
2:2
5:8
3:25
4:2
5:14
1:1.1
6:23
5:23
-O-
objections [11 3:4
October [i1 6:20
one-week [1] 5:8
oral [11 6:7
-P-
p.m [21 1:12 5:25
parties [2l 3:2
6:9
Pennsylvania [9]
1:2 1:14 4:21
5:7 5:11 5:12
5:14 5:17 6:2
perhaps [11 5:19
personally Ill 6:4
Philadelphia [ 1]
5:15
phone Ill 3:11
PLACE [1] 1:13
PLAINTIFF [31
1:2 1:9 1:19
HUGHES ALBRIGHT FOLTZ I ATALE 717-540-0220/717-393-5101
Public [4] 1:11
6:3 6:15 6:23
_Q_
questions [3] 5:2
6:7 6:13
quick [11 5:6
-R-
reading [l] 3:2
real [11 5:6
RECROSS [1] 2:2
REDIRECT [1]
2:2
reduced [11 6:16
relatives [11 5:19
Reporter [11 6:18
reserved [11 3:5
respective [2] 3:2
6:9
RPR[41 1:10 6:3
6:14 6:22
_S_
school [21 5:8
5:15
sealing [11 3:3
send [11 4:5
SEPTEMBER [1]
1:12
set [11 6:9
signing [11 3:2
SIPE [11 1:14
situation [11 4:10
Skinner [12] 1:4
1:5 1:8 2:3
3:7 3:11 3:14
4:20 5:1 5:23
6:5 6:8
SMITH [21 1:13
1:18
south Ill 5:14
speak [1) 3:19
spoke [21 3:22
3:25
SS [11 6:1
stenographically Ili
6:14
Still [21 3:11 4:19
stipulated [11 3:1
subject Ili 4:1
subscribed [1) 6:19
sworn [31 3:8
6:5 6:12
Index Page 1
T - yourself
&Td"%"7 ? rT w 017Tl?T7?TCD
Multi-Page
'11V TVl11W
-T-
T [11 1:21
taking [il 6:11
telephone [2] 1:8
3:7
testified [21 3:8
6:9
testify [11 6:6
testimony [3) 3:13
4:24 6:19
Thank [3) 5:1
5:21 5:24
thought [i1 4:17
through [21 3:23
5:13
totally [t1 4:14
transcription [ii
6:17
trial [i] 3:5
truth [316:6 6:6
6:7
two ti] 5:6
-U-
under [11 6:17
up [1] 5:5
-V-
V [i) 1:3
various [i) 3:23
versa Ill 5:14
via [2] 1:8 3:7
vice [1] 5:14
visiting ill 5:19
-W-
waived [il 3:3
west [2) 5:13 5:13
WHEREOF [i) 6:19
whole [1) 6:6
Wife 161 3:13 3:23
4:6 4:23 5:10
5:16
wife's [11 4:3
witness [31 3:8
6:5 6:12
WITNESSES tl]
2:1
-Y-
York [2] 6:1 6:15
yourself Ill 3:19
Index Page 2
HUG S ALBRIGHT FOLTZ NATALE 717-540-02201717-393-5101
hJ
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t ,
AUDREY J. MC HERSON, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V NO. 06-2734
&
HOWARD A. SK ES
DEBRA K. SKDE DEPOSITION OF: AUDREY J. MCPHERSON
TAKEN BY DEFENDANTS
BEFORE KASSANDRA L. MCPHERSON, RPR
NOTARY PUBLIC
DATE SEPTEMBER 27, 2006, 3:07 P.M.
PLACE JAMES, SMITH, DIETTERICK &
CONNELLY, LLP
134 SIPE AVENUE
HUMMELSTOWN, PENNSYLVANIA
APPEARANCES:
JAMES, SMITH, DIETTERICK & CONNELLY, LLP
BY: KIMBERLY A. BONNER/ ESQUIRE
FOR - PLAINTIFF
CALDWELL KEARNS
BY: JEFFREY T. MCGUIRE, ESQUIRE
FOR - DEFENDANTS
Hughes
Albright
L Foltz'
20 0 Linglestown Road • Suite 103 • Harrisburg, PA 17110
71 .540.0220 • Fax 717.540.0221 • Lancaster 717.393.5101
Multi-Page` AUDREY J. MCPHERSON
SEPTEMBRR 27. 2nnfi
Page 2 Page 4
1 WITNESSES 1 on the issue of jurisdiction as to whether this case that
2 NAME DIRECT CROSS DIRECT RECROSS 2 you filed against my clients should go forward in
3 AUDREY J. MCPHERSON 3 Pennsylvania or whether that jurisdiction rests in Florida,
4 BY: MR. MCGUIRE 3 -- 23 -- 4 okay?
5 BY: MS. BONNER -- 22 -- -- - 5 A Uh-huh.
6 6 Q I'm going to give you some very brief
7 7 instructions. I'm sure your attorney has gone through some
e 8 things, but the first thing I want to say to you is if you
9 9 need a break at any time or need to talk to your attorney,
10 10 please just let me know and I don't have a problem with
11 11 that. If you want to get up and use the bathroom, get a
12 12 drink or anything like that, please let me know, okay?
13 13 A Okay.
14 14 Q And just a couple minor things, but they can be
15 15 very important. We do have a court reporter here and she's
16 16 typing everything that we say in this room. So it's
17 17 important that you answer verbally. And there may be times
18 18 where you don't. In normal conversation we have a tendency
19 19 to nod our heads. I may say you need to say yes or no or
20 20 your attorney may do that, okay?
21 21 A Okay.
22 22 Q And try not to say uh-huh or uh-uh because those
23 23 two things can get tough to type. And if do you that,
24 24 again, either I or your attorney may --
25 25 A Okay.
Page 3 Page 5
1 It is hereby stipulated by an d between I Q If you don't know the answer to a question
2 counsel for the respective parties that reading, signing, 2 please feel free to say I don't know, okay?
3 sealing, certification and filing are hem -by waived; and 3 A Okay.
4 that all objections except as to the for m of the question 4 Q This is -- it is our opportunity to figure out
5 are reserved to the time of trial. 5 what you do know and present that to the court, okay?
6 MR. MCGUIRE: The one thing I think we should 6 A Okay.
7 just put on the record, that the deposit ons that were 7 Q I'm going to refer to this case as a breach of
8 taken today are per the court order. T hese are with regard 8 contract. That's what you sued for, but I just want to
9 to jurisdiction. 9 make sure, that for the record my client disputes that
10 MS. BONNER: Right. 10 there was actually -- that there was actually -- that this
11 MR. MCGUIRE: And that obvio sly everybody 11 was a loan, okay. But I'll call it a loan for purposes of
12 reserves the right to re-depose everybo dy at a later date 12 the deposition, okay?
13 if the case goes forward in Pennsylvan ia. 13 A They say that it wasn't a loan?
14 M.S. BONNER: I absolutely agree . 14 Q That is right.
15 MR. MCGUIRE: I think that's it. 15 A Okay.
16 M.S. BONNER: That's all I have swell. 16 Q Yes. Okay. So tell me how the loan came to be
17 17 in your mind. What happened?
18 AUDREY J. MCPHERSON, called a s a witness, being 18 A The first time I sent her money was -- she
19 duly sworn, testified as follows: 19 called -- I'm sorry, I don't know whether she called me or
20 DIRECT EXAMINA'T'ION 20 I called her but --
21 BY MR. MCGUIRE: 21 Q The first time?
22 Q Audrey, can you state your n ` e for the record? 22 A The first time.
23 A Audrey J. McPherson. 23 Q There was three times where you sent money?
24 Q And as I'm sure you know, an I'm sure your 24 A I've sent her money many times. Many more times
25 attorney told you, we're here today to ake your deposition 25 than I have claimed --
,
Page 2 -Page 5
HUGHES ALBRIGHT FOLTZ ?ATALE 717-540-0220/717-393-5101
AUDREY J. MCPHERSON
SEPTEMBER 27, 2006
Multi-Page'
Page 6 Page 8
1 Q Okay. 1 instances?
2 A -- you know. 2 A Yes.
3 Q Okay. 3 Q So --
4 A But when we spoke she called me tw , three times 4 A The next one?
5 a week. And I would call her maybe once a week or once 5 Q I just want to make sure I understand. So as
6 every ten days to two weeks. We would be the phone for 6 far as that first one goes, you're not sure whether the
7 two, three, occasionally four hours at a time. She had 7 phone call was from you or from her on sending you the
8 family problems. Her family didn't include her in a lot of 8 money, or you sending her the money?
9 things and her mother was jealous because o the 9 A Correct.
10 relationship that she and I had. So that was lot of the 10 Q Okay. Now, let's stick with that one just for
11 problem. 11 the moment. Was there any discussion that she would be
12 But the problem with my sister and a was also 12 charged interest or anything like that?
13 financial. And she thought that I was giving -- that 13 A No. No.
14 Debbie was loving me because I was going t give her money. 14 Q Was there any discussion as to a time schedule
15 And I told Debbie that I wasn't giving her an y money 15 as to when she would pay you back?
16 because I have 12 other nieces and nephews. And I couldn't 16 A No.
17 afford to just give each one of them thousan s and 17 Q Okay. Did you know how much the lift cost?
18 thousands of dollars. Because at my age eve ntually I'm 18 A She told me $1,500. But I was down there in
19 going to have to rely on my funds. 19 Florida to help her after she had neck surgery last -- last
20 And she told me that Medicare had bo ught her a 20 August. Not this past August, August a year ago. And I
21 wheelchair but they wouldn't pay for the lift for in the 21 feel it was inadvertently that she left it out that it was
22 van. And she was crying to me because she ouldn't afford 22 only 1,200, the lift cost.
23 to get the -- a loan because she, was in bankn ptcy. 23 Now, she never told me how much the lift cost.
24 She kept mentioning this, that she nee ded the 24 She told me that it was 1,500 at the beginning, when I
25 lift, because her husband, Howard, was no to ger capable of 25 first loaned her the money. And then that was just a slip
Page 7 Page 9
1 lifting the chair into the van, the wheelchair i to the 1 of the tongue, I think, when she had mentioned it was
2 van. So she was actually crying to me. And I'm very 2 1,200.
3 soft-hearted and I love her dearly. And I said , Debbie, 3 Q I'm going to try to understand that for a
4 I'll lend you the money for the lift but I wo d like to 4 second. So you said that she said -- are you saying that
5 have the money paid back to me. She said, o ay. 5 she said she needed 1,500 as opposed to the lift cost
6 So I don't recall what she said about eeding 6 1,500?
7 the money quickly. That's -- I wired her mo ey, that's why 7 A She told me the lift cost $1,500.
8 I wired it to her. Whether she had already m de 8 Q Okay. And that was on the phone?
9 arrangements to have the lift put into the van I don't 9 A That was on the phone.
10 know. But she left me know that she needed it immediately, 10 Q And then in August of '05, I think you're
11 you know. And I just took it that she couldn 't wait for a 11 saying, you were in Florida and talked to her directly?
12 check to arrive. So I told her that I would wi re her the 12 A Right. I was staying at her house.
13 money. And that's how that came about. 13 Q And there isn't anything in writing with regard
14 Q Which -- the wire that you're talking bout 14 to -- other than the -- I guess it's your bank statement
15 occurred in January? 15 that has the wire transfer --
16 A January 20th of '04. 16 A Right.
17 Q Of 104? 17 Q -- attached to the complaint. You don't have
18 A It's my birthday. 18 anything in writing signed by you or my clients?
19 Q Okay. You wired it on your birthday, 19 A No.
20 A Yes. 20 Q Okay. And then the second payment, at least the
21 Q And we can talk about the other -- we may talk 21 second in your complaint, is a check dated March 26th; is
22 about some of the other times that you gave h money, but 22 that right?
23 in your complaint you sued for three instance ? 23 A Yes.
24 A Yes. 24 Q And that is a check for $10,000?
25 Q Okay. And the wire was the first of th e three 25 A Correct.
Page 6 - Page 9
ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101
Multi-Page im
Page 10
1 Q Tell me how that came about.
2 A There again, I don't know if I called her or she
3 called me. I think she called me but can't say
4 positively. But she was having these difficulties with her
5 family. And they all lived within a very short distance of
6 each other. And she would call mead talk for two, three,
7 four hours complaining about them not including her in this
8 or that, or something that was done 'th the family
9 gatherings.
10 And she would cry and kind f get hysterical and
11 say that she had to get away from h mother. She had to
12 get away from her mother. And they started -- she and her
13 husband started looking for a house. And I couldn't
14 understand how they could look for house when they were
15 in bankruptcy, but that's none of my business so I didn't
16 inquire anything about it.
17 But they found one house. A d I don't remember
18 why they didn't take that one. But ey lived in a house
19 that was 169, maybe $189,000. And the bankruptcy thing
20 wouldn't allow them to go over a cer in amount. I don't
21 understand it, but anyway that's what she told me.
22 And then they found this hou that had a very
23 open plan, floor plan, that if she ever -- and these are
24 her exact words, if she ever had to u her wheelchair all
25 the time it would be very easy to get from one place to
Page 11
1 another with a wheelchair. She never told me how much at
2 that time that it was but she did last August, she told me.
3 And she said that the first house ffiat they were
4 going to take, it fell through for some reas n because of
5 the hurricane. They didn't get it done when it had to.
6 And she had sold the house that they were living in.
7 And she told me that she would pay me back when
8 her house was sold. That's her exact wor s. But she
9 called and she -- when she called she said that she needed
10 the $10,000 for a down payment on this cffier house because
11 of the first house. I think it was something with the
12 materials or something that didn't pan out because of the
13 hurricane there was a holdup on building materials. And
14 they had already sold their house. It wasn't finalized yet
15 but she needed the money to get this other house.
16 And I said to her, Well, Debbie, I' lend you
17 the money but you must pay it back. An she said, Oh, when
18 we sell the house, Aunt Audrey. No, she called me mom.
19 She didn't call me Aunt Audrey, she call me mom. And she
20 said, When the house is sold you will be the first to get
21 your payment, your money back.
22 So she said she had to talk it over with Howard,
23 her husband, and she'd let me know. We l, she called me
24 back that evening and she said Howard sa d that it's okay,
25 that they would accept the loan and they ould pay it back
AUDREY J. MCPHERSON
SEPTEMBER 27.2006
Page 12
1 when the house -- when they had settlement. Not when the
2 house was sold, when they had settlement. And I said
3 that's fine.
4 So I sent her -- I told her I was going to send
5 her a check. And I wrote on the check in the memo, loan.
6 When I sent the check she -- she didn't know I sent it, but
7 she called me and she said to me, Mom, that money you're
8 sending me has to be considered a gift. Not between you
9 and Howard and me but because of the bankruptcy court.
10 They have to think that it's a gift. And she said, but we
11 know that it's a loan and we will pay you back when
12 settlement comes. Well, that never happened. The
13 bankruptcy court took all the money, according to her, when
14 they received payment.
15 Q Do you know when settlement was on that house?
16 A No, I don't. No, I don't.
17 Q And was there any discussion about charging
18 interest on that?
19 A No.
20 Q Okay.
21 A No.
22 Q And there's a third payment which is also by
23 check on November 8th of 2004 and that amount is for
24 $2,000?
25 A Correct.
Page 13
1 Q And how did that come to be?
2 A She called me and we talked about family matters
3 again, her health, my health, a lot of things. And finally
4 she said, Mom, I want to ask you a question. And if you
5 don't want to do it -- she said a favor. If you don't want
6 to do it just say no. I won't get mad.
7 I don't know if she said I or we, but I know
8 that she said she wouldn't get mad. And I said, Well, what
9 is it? And she said, Can you send me $2,000 to pay my
10 taxes, for my taxes?
11 And I thought and thought. And I didn't want to
12 do it because of the other money she owed me. And she was
13 really upset. And after an hour or two I finally said that
14 yes, I would lend her the money. There was no discussion
15 of when she was gonna pay it back. She just said she would
16 pay it back.
17 Q Again, with regard to that transaction, was
18 there any discussion about interest?
19 A No.
20 Q Let me go back and clarify a couple of things
21 that I'm pretty sure 1 understand but wouldn't be clear
22 from the record.
23 You called her Debbie. And you're referring to
24 Debra Skinner, the defendant?
25 A Correct.
Page 10 -Page 13
HUGHES ALBRIGHT FOLTZ ?ATALE 717-540-0220/717-393-5101
AUDREY J. MCPHERSON Multi-Page'
41FPTFMRFR 27- 2006
Page 14 Page 16
1 Q And she's your niece? 1 year, maybe a little bit longer, and her family had only
2 A Yes. 2 been there one time. Her one brother and her mother were
3 Q And that's your sister's child? 3 there. Her other brother and sister were never there.
4 A Yes. 4 I forget what I was gonna say.
5 Q And I don't know your sister's name. I know you 5 Q That's okay.
6 mentioned it earlier in the deposition. 6 A But when I was down there she kept saying to me,
7 A Barbara Ann. 7 Aunt Audrey -- no, she calls me mom. All the time she
8 Q Okay. And you talked about that she was -- she 8 calls me mom. And she said, I will pay you back if I have
9 being my client, Debra Skinner -- was havin trouble with 9 to scrub toilets. And I said, Debbie, I don't want that
10 her family. Do they all live in Florida? 10 for you; to have to take the responsibility of paying my
11 A All but one sister. But the parties th she l 1 money back.
12 was having problems with, yes, they all liv in Florida. 12 And she told me that -- I think she told me this
13 Q Okay. Are you from the Florida area 13 on the telephone, that they were having problems. And her
14 A No, I'm not. They're all from up h and moved 14 husband, Howard, said to her that he was not going to pay
15 down there. 15 me my money back because he was no relation of mine but
16 Q Okay. And when was the last time, at you know 16 Debbie was my niece. So it was up to her to pay it back to
17 of, that either of my clients, Howard or Deb , were in 17 me.
18 Pennsylvania? 18 So everything seemed to be fine while I was down
19 A I really couldn't say for sure. I know they 19 there in August. And then after I come home she kept
20 were at my house but I don't recall when, yo know, the 20 saying to me, you don't love me. You don't love me. You
21 year or anything. I know it was in the summ . It seems 21 love your son more than you love me. And I said, Well,
22 to me it was June but I'm -- I can't say the y ar. 22 Debbie, he is my son. And then every time she would call
23 Q Can you say was it in the last five y s? Ten 23 me she'd say to me, I will pay you back. I will pay you
24 years? Is there any way to narrow that down 24 back even if I have to scrub commodes.
25 A I would say maybe seven, eight years. 25 And the one time she said that she wanted a
Page 15 Page 17
1 Q Okay. So not within the last five but mewhere 1 divorce, she had to get away from Howard because he was
2 close to seven or eight? 2 pushing her around and shoving her and hitting her. And
3 A Yeah. Because my husband is dead years. 3 she kept saying she had to -- she wouldn't say divorce, she
4 And they were at our house before that. So I - I would 4 just said she had to get away from him.
5 say maybe two years to three years. A little it better 5 She wasn't going to leave her kids. She doesn't
6 around there I would say. 6 have children she has four dogs. She has -- about -- at
7 Q Were there any other -- do you recall y other 7 the time 1 was down she had about 16, 18 animals, give or
8 discussions about any terms of these loans, y of the 8 take three or four. And she wanted to leave and she wanted
9 three loans? 9 to take her kids with her.
10 A When I was down there in August of ' 5 -- she 10 She kept hinting to me about coming up to stay
11 and her husband haven't been getting along f some time 11 with me just for a while until she got on her feet. And I
12 and she would mention divorce. Divorce. ving him. 12 did not want four dogs in my house so I would not offer to
13 Divorce. But she's on disability and she cou l 't afford 13 let her come up and stay with me.
14 to live on her own. 14 And she got a little angry with me because 1
15 And last year she was having neck ery in -- 15 said that I didn't want five, six animals, because I have
16 I'm pretty sure it was neck surgery, either ne c or spine 16 two of my own. And I left her know that I couldn't handle
17 but I think it was neck surgery. And her fam i y -- she 17 four more animals in my house so I didn't offer to let her
18 wasn't talking to her family. And she knew - she had had 18 come up.
19 neck surgery the prior year, around July or A st, and 19 But she -- in those conversations many, many,
20 they didn't come to help her when she had th a surgery. So 20 two, three, four times a week, and then she got to the
21 she knew they wouldn't come this time beta they were 21 point that she didn't call for maybe two weeks and I
22 really not on very good terms. 22 thought something was wrong. And then when I called her
23 I think they were speaking but very -- s a 23 she said she had to get away from Howard and if I loved her
24 matter of fact, last year when I was down her hole 24 I would help her.
25 family -- she had lived in the house quite a w 'le, maybe a 25 And she kept saying this. I should help her. I
Page 14 -Page 17
HUG 4S ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101
Multi-Page `
AUDREY J. MCPHERSON
SEPTEMBER 27- 2006
Page 18 Page 20
1 should help her if I love her. And I s aid, Well, Debbie, 1 didn't want him to know that I loaned Debbie money. But 1
2 how do you want me to help you? A nd she said, I don't 2 just can't lie and I had to tell him the truth. And I
3 know, you just -- I just need your hel . 3 said, Yes, my niece owes me money. And I knew my son was
4 Well, at the time she was pick ed up for 4 furious at me because he told me he didn't want me to do
5 shoplifting, twice. She was caught s plifting. She was 5 this; to give her any money, any loans, nothing.
6 picked up once. The one store left he - go but banished her 6 And my financial advisor said to me, Do you have
7 from entering the store; K-mart. She as picked up and 7 anything in writing? I said no. He said, Well, I want you
8 there was supposed to be a hearing. A nd this was around 8 to go to your lawyer and get a letter written up and have
9 the time that that all came about. 9 them sign it. I said okay. I didn't want to do it but I
10 And when she told me that -- t hat Howard would 10 said I would.
11 not help her to pay me back I said to er, Well, I'll put a 11 So I called Debbie and I told her what my
12 lien on your house. Well she was fur ious. And I said, 12 financial advisor said to me. And I said, so I'm -- my
13 Well, Debbie, I don't want you to pa that money back 13 lawyer is going to have a letter written up. And I don't
14 yourself because you aren't the only o ne that made the 14 recall if I talked to Ted about it or if I talked to Betty
15 loan, it was you and Howard. And s e said, Well, he says 15 about writing this letter.
16 he's not paying it back so I made the loan. And I promise 16 But when I called Debbie and told her about this
17 I will pay you back. No matter what I have to do I will 17 letter that was going to come that she had to sign she got
18 pay you back. 18 very angry and cried and called me every name in the book.
19 So she kept saying to me abo my son. I don't 19 And she said that I don't trust her. And I said, I do
20 love her like I love my son. If -- if h needed help I 20 trust you. I know you'll pay the money back but this is
21 would help him. And I said, Well, bbie, he is my son. 21 what my financial advisor wants me to do and that's what
22 She said, Well, you act like you're -- 'm your daughter. 22 I'm going to do.
23 And I said, but you aren't my daughte r, you're my niece. 1 23 Well, that is when her house was sold. Now the
24 love you like a daughter, but my son comes first. 24 settlement wasn't then but the house was sold. Since she
25 Well, that infuriated her and sh e just said that 25 told me that she was going to pay me back when the house
Page 19 Page 21
1 she didn't want to talk to me anymore. S -- 1 was sold, I took her word for it. I called Betty and told
2 Q Now, what was that time frame? 2 her that I didn't need the letter. And so I don't have
3 A That was around February of this year. 3 anything in writing except the signatures on the checks.
4 Q And is that the last time you've s oken with 4 Q And just to make sure, you used two names there.
5 her? 5 Ted, that's your attorney, Ted Sieber (phonetic)?
6 A It seems to me it was around the d of 6 A Yes.
7 February. 7 Q Sieber. And who is Betty?
8 Q Did you have any conversations a any point 8 A Betty was, I think, his secretary.
9 about any of these loans with Howard di tly? 9 MS. BONNER: Uh-huh.
10 A I honestly don't remember. 10 BY MR MCGUIRE:
11 Q And was there ever any discussion with -- that 11 Q Okay.
12 you remember -- with Debra Skinner abou t if there was a 12 A Yeah.
13 lawsuit over this whether,.that would be in Pennsylvania or 13 Q Okay. Do you know when it was, month and year,
14 Florida? 14 that you spoke with the financial advisor?
15 A I never discussed a lawsuit with h er. One thing 15 A I could find out but I'm not exactly sure. It
16 I did leave out is, I got a financial advisor or Ted 16 seems to me it was January or February maybe, '04.
17 recommended one for me. The first time met with him, 17 Q Okay. Did the Skinners' ever pay you back any
18 pardon me, one of the questions he asked e, do I owe 18 money over time?
19 anybody any money or does anybody o me any money. And I 19 A One time since my husband died. I had loaned
20 never told anybody that Debbie borrowed money from me 20 her $500. I don't remember of her paying it back but she
21 because she asked me not to say anything. It was between 21 said she did. So I don't really know if it ever happened
22 her, Howard, and myself. 22 or not.
23 Well, when my financial advisor a sked me this 23 Q Okay.
24 question I said no, I don't owe anybody an y money. And I 24 A But that isn't included in here because I --1
25 wasn't going to tell him because my son w as there, and I 25 don't know. I don't remember if she paid it back.
HUGHES ALBRIGHT FOLTZ ATALE 717-540-0220/717-393-5101
Page 18 - Page 21
AUDREY J. MCPHERSON
SEPTEMBER 27, 2006
1 MR. MCGUIRE: That's all the
2 for you.
3 CROSS-EXAMINATION
4 BY MS. BONNER:
5 Q I'm just requesting to ask you few qu
6 just to clarify. I think you've done a pretty 1
7 explaining the whole circumstances here.
8 How long have you lived in Pennsyl-v
9 A Seventy years.
10 Q So your whole life in Pennsylvania?
11 A Yes.
12 Q And all these discussions that we've 1
13 about and in which the arrangements were m
14 loan your niece money, you were in Pennsyl
15 these took place?
16 A Yes. Yes.
17 Q And the banks that you withdrew the
18 I assume that's a Pennsylvania bank?
19 A Yes.
20 Q And your niece was aware that you v
21 in Pennsylvania at this time?
22 A Yes.
Multi-Page TM
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23 MS. BONNER: That's all the questions I have.
24 REDIRECT EXAMINATION
25 BY MR. MCGUIRE:
1 Q You were aware that the Skinners' re
2 Florida at that time?
3 A Yes.
4 Q And Waypoint Bank, is that a Penns
5 or is that a national bank?
6 A It's a Pennsylvania bank but I think
7 are expanding. I don't know where all they
8 Q You don't know the corporate struct
9 Waypoint Bank?
10 A No. No. I worked for them at one t:
11 years I worked for them, but I haven't work
12 so I don't really know.
13 Q Okay. That's all I have. Thanks.
14 MS. BONNER: I'm done as well. Tha
15 (The proceedings concluded at 3:48
16
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Page 22 - Page 24
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2 COMMONWEALTH OF PENNSYLVANIA:
3 I, Kassandra L. McPherson, RPR, Notary Public, do
4 hereby certify that personally appeared before me, Audrey
5 J. McPherson, the witness, being by me first duly swom or
6 affirmed to testify to the truth, the whole truth and
7 nothing but the truth, in answer to the oral questions
8 propounded to Audrey J. McPherson by the attorneys for the
9 respective parties, testified as set forth in the foregoing
10 deposition.
11 I further certify that before the taking of said
12 deposition, the above witness was duly sworn or
13 affirmed, that the questions and answers were taken down
14 stenographically by the said Kassandra L. McPherson, RPR,
15 Notary Public, York, PA, approved and agreed to, and
16 afterwards reduced to print by means of computer-aided
17 transcription under the direction of the aforesaid
18 Reporter.
19 IN TESTIMONY WHEREOF, I have hereunto subscribed
20 my hand this 9th day of October, 2006.
21
22 L. cP q RPR
23 Notary Public
24
25
ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101
Multi-Page TM
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8 1:8 2:3 3:18 cer
y [zl 24:4 either [3l 4:24
-
- 3:22 3:23 11:18 24:11
14:17 15:16
8th [il 12:23 11:19 16:7 24:4 chair [i] 7:1 -D- end
19
6
24:8 charged [1] 8:12 date[2] 1:12 3:12 [i]
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8
20 8
20
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1
18
:
: :
0 check 171 7:12 :
[2]
9th Ill 24:20 11:2 15:10 15:19 daughter [31 18:22 1:21
16:19 9:21 9:24 12:5 18:23 18:24
evening Ill 11:24
12:5 12:6 12:23
- - Aunt [3l 11:18 11:19 checks (il 21:3 days Ill 6:6 eventually [1] 6:18
[21 1:3 1:4 16:7
child dead Ili 15:3 everybody [21 3:11
AVENUE [i 1:14 l dearly 111 7:3 3:12
an Ill l
children
17:6
HUGHES ALBRIGHT FOLTZ ATALE 717-540-0220/717-393-5101
Index Page I
exact - now Multi-Page
AUDREY J. MCPHERSON
exact [2] 10:24 4:17 left [41 7:10 8:21 met [11 19:17
11:8 -G inadvertently [11 17:16 18:6 mind [1] 5:17
exactly [11 21:15 gatherings [11 10:9 8:21 lend [31 7:4 11:16 mine [11 16:15
EXAMINAT ION [z]
gift [21 12:8
12:1 include p1 6:8 13:14
minor [1]
4:14
3:20 22:24
giving [z]
6:13
included [1l
21:24 letter [5120:8 20:13
mom [6] 11:18
11:19
except [z] 3:4 6:15 including [11 10:7 20:15 20:17 21:2 12:7 13:4 16:7
21:3
expanding [1]
23:7
:1
goes
3
3
(zl
8:6 infuriated [1l 18:25 lie [1l 20:2
lien [1l 18:12 16:8
explaining [1l
22:7 gone
4:
7
p
1 in9wire [1] 10:16
life [11 22:10 moment [11 8:11
gonna 121 13:15 instances [zl
1
8 7:23
lift [91 6:21
6:25 money [351
5:23 5:24 5:18
6:14
16:4 :
-F-
ood
15
22
22
6 instructions [1] 4:7 7:4 7:9 8:17 6:15 7:4 7:5
fact [11 15:24 [z1
g
:
guess [1] :
9:14
interest [31
8:12 8:22 8:23
9:7 9:5 7:7 7:7
7:22 8:8 7:13
8:8
family [101 6:8 12:18 13:18 lifting [11 7:1 8:25 11:15 11:17
6:8 10:5
13:2 14:10 10:8
15
17 _H_ issue [1] 4:1 live [z] 14:10 15:14 11:21 12:7 12:13
: 13:12 13:14 16:11
15:18 15:25 16:1 hand [1] 24:20 _
-J lived (s1 lo:5 10:18 16:15 18:13 19:19
f 14:12 15:25 22:8 19
19 19
20 19
24
ar p] 8:6 handle 111 17:16 :
: :
favor [11 13:5 heads [11 4:19 J 171 1:2 1:8 living [1] 11:6 20:1 20:3 20:5
February
y [31 19:3 health (21 13:3 2:3 3:18 3:23 LLP [21 1:13 1:18 20:20 21:18 22:14
19:7 21:16
13:3 24:5 24:8
loan (ul 5:11
5:11 22:17
feet [11 17:11
hearing [1l
18:8 JAMES [z1 1:13
13
16
5:
5:
2 month [1] 21:13
fell [1l 11:4
help poi 8:19
15:20 1:18
Jams
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7:15 1
1
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12:5
18:15 18:16 :11
1 12:1
22:14
mother [a1
1.0:11 10:12
16:
16:2
few [1l 22:5 17:24 17:25 18:1 7:16 21:16 loaned [31 8:25 moved [1l 14:14
figure [11
5:4 18:2 18:3
18:20 18:21 18:11
jealous [1l
6:9
20:1 21:19
MS [8] 2:5
3:10
filed [1] 4:2
hereby [3]
3:1 JEFFREY [11 1:21 loans [4] 15:8 3:14 3:16 21:9
filing [11
3:3
3:3. 24:4
job [11 22:6 15:9 19:9 20:5 22:4 22:23 23:14
finalized [11 11:14 hereunto [1] 24:19 July Ill 15:19 longer [2] 6:25 must [11 11:17
finally [21 13:3 hi
i June [1l 14:22 16:1
nt
ng [11 17:10 l
13:13
hitting [1]
17:2
jurisdiction [3
] 3:9 ook [11 10:14
-N-
financial [71 6:13
holdup (1l
11:13 4:1 4:3 looking 111 10:13
name [a]
2:2
19:16 19:23 20:6
h love [91 7:3 16:20
3:22 14:5
20:18
20:12 20:21 21:14 ome (1l 16:19 16
20 16
21 16
21
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honestl
[1]
19:10 _K_ :
:
.
18
1 18
20 :
18
20 names pl 21:4
ne [21 12:3 16:18 y :
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first [1314:8
5:18 hour p1 13:13 K [11 1:5 18:24 narrow [1l 14:24
5:21 5:22 7:25 hours [2] 6:7 K-mart [11 18:7 loved (1l 17:23 national [1] 23:5
8:6 8:25 11:3 10:7 Kassandra [41 1:10 loving [1l 6:14 neck [61 8:19 15:15
11:11 11:20 18:24 house [271 9:12 24:3 24:14 24:22 15:16 15:16 15:17
19:17 24:5 10:13 10:14 10:17 KEARNS [1] 1:20 _
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fi need
4
5
9 4
9
ve [3] 14:23 15:1 10:18 10:22 11:3 kept 171 6:24 16:6 :
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17:15
11:6 11:8
11:10
16:19 17:3
17:10
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d [z1 13:6 13:8 4:19 18:3 21:2
floor p1 10:23 11:11 11:14 11:15 17:25 18:19 March pl 9:21 needed [61 6:24
Florida 181 4:3 11:18 11:20 12:1 kids [2] 17:5 17:9 materials [2] 11:12 7:10 9:5 11:9
4
9:11
14:10 12:2 12:15
15:4 15:25 14:20
17:12
KIMBERLY [
1] 11:13 11:15 18:20
1
:1
14:12 14:13 19:14
17:17 18:12
20:23
1.18 matter [z] 15:24 needing [1] 7:6
23:2
20:24 20:25
kind [11 10:10 18:17 nephews [11 6:16
follows [1] 3:19 Howard pal 1:4 knew [3] 15:18 matters [1l 13:2 never [61 8:23
foregoing p1 24:9 6:25 11:22 11:24 15:21 20:3 may [s] 4:17 4:19 11:1 12:12 16:3
forget [11 16:4 12:9 14:17 16:14 4:20 4:24 7:21 19:15 19:20
form [11 3:4 17:1 17:23 18:10 MCGUIRE [91 1:21 next [11 8:4
18:15 19:9 19:22 2
4 3
6 11
3 nie
14
1 16
16
forth p] 24:9 :
: : ce [6]
: :
forward [2] 3:13 HUMMELSTO L [41 1:10 24:3 3:15 3:21 21:10 18:23 20:3 22:14
[11 1:14 24:14 24:22 22:1 22:25 22:20
4.2
found
2
10
17
hurricane [21
11:5
last [9] 8:19
8:19
McPherson [11
] 1:2
nieces [1]
6:16
[
]
10:22 : 11:13 11:2 14:16 14:23 1:8 1:10 2:3 nod [11 4:19
four [7] 6:7
10:7
husb
and
[
6:25 15:1 15:15
19:4 15:24 3:18 3:23
24:5 24:8 24:3
24:14
none [11 10:15
17:6 17:8 17:12 1: :
10:1
3
1
23
15:11 16:14 15:3
21:19
lawsuit pl
19:13 2422 normal [1l 4:18
17:17 17:20
hysterical [1l
10:10 19:15 means 11l 24:16 Notary [41 1:11
frame [1l 19:2
lawyer [zl
20:8
Medicare pl
6:20 24:3 24:15 24:23
thi
free [11 5:2
-I 20:13 memo [1l 12:5 no
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funds
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20
9
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: mention 111 15:12
furious [zl
18:12
immediately (1
1
leave (3117:5
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mentioned [21
9:1 November p1 12:23
20:4 7:10 19:16 14:6 now[5] 8:10 8:23
important [2] 4:15 Leaving [11 15:12 mentioning [1l 6:24 19:2 20:23 23:7
Index Page 2
HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101
Multi-Page TM
-O-
objections [11 3:4
obviously [11 3:11
occasionally [ 11
6:7
occurred Ill 7:15
October [i1 24:20
offer [21 17:12 17:17
once [3] 6:5 6:5
18:6
one [19] 3:6 6:17
8:4 8:6 8:10
10:17 10:18 10:25
14:11 16:2 16:2
16:25 18:6 18:14
19:15 19:17 19:18
21:19 23:10
open [11 10:23
opportunity [1 15:4
opposed [1] 9:5
oral [11 24:7
order [113:8
owe [3] 19:18 19:19
19:24
owed [11 13:12
owes [1120:3
Own [2] 15:14 17:16
-P-
place [31 1:13
10:25 22:1
YLA1N l lr [2]
1:2 1:19
plan [21 10:2 10:23
PLEAS [11 1:2
point [2117:21 19:8
positively [1 10:4
present [1] 5:5
pretty [3] 13:21
15:16 22:6
print [1124: 1
problem [3] 4:10
6:11 6:12
problems [3] 6:8
14:12 16:1
promise [1]
propounder
Public [41
24:3 24:1
purposes [11
pushing [11
Put [3] 3:7
18:11
questions L.
22:1 22:5
24:7 24:1
P.111 [21 1:12
paid [21 7:5 21:25
pan [11 11:12
pardon [11 19:18
parties [31 3:2
14:11 24:9
past [11 8:20
pay [211 6:21 8:15
11:7 11:17 11:25
12:11 13:9 13:15
13:16 16:8 16:14
16:16 16:23 16:23
18:11 18:13 18:17
18:18 20:20 20:25
21:17
paying [s1 16:10
18:16 21:20
payment [s1 9:20
11:10 11:21 12:14
12:22
Pennsylvania p41
1:2 1:14 3:13
4:3 14:18 19:13
22:8 22:10 22:14
22:18 22:21 23:4
23:6 24:2
per [11 3:8
personally [11 24:4
phone [4] 6:6
8:7 9:8 9:9
phonetic [11 21:5
picked [31 18:4
18:6 18:7
23:15 I quickly [11
quite [1115:2
-l
re-depose [
reading [11
really [s1
14:19 15::
23:12
reason [11
received [11
[1123:15
18:16
[1124:8
1:11
24:23
5:11
17:2
7:9
19:18
22:23
7:7
3:12
3:2
13:13
21:21
11:4
12:14
[11
19:17
record [41 3:7
3:22 5:9 13:22
RECROSS 11 2:2
REDIREC [21
2:2 22:2
reduced [11 24:16
refer [11 5:7
referring [11 13:23
regard [31 3:8
9:13 13:1
relation [11 16:15
rclationshi [11 6:10
rely [11 6:19
remember [ 1 10:17
19:10 19:1 21:20
21:25
reporter [21 4:15
24:18
requesting [ ] 22:5
reserved [1] 3:5
reserves [11 3:12
resided [1I 23:1
residing [11 22:20
respective [21 3:2
24:9
responsibility [11
16:10
rests [1l 4:3
right [61 3:10 3:12
5:14 9:12 9:16
9:22
room [114:16
RPR [41 1:10 24:3
24:14 24:22
-S-
says [11 18:15
schedule [1] 8:14
scrub [21 16:9
16:24
sealing [11 3:3
second [31 9:4
9:20 9:21
secretary [11 21:8
sell [11 11:18
send [21 12:4 13:9
sending [3] 8:7
8:8 12:8
sent [61 5:18 5:23
5:24 12:4 12:6
12:6
SEPTEMBER [11
1:12
set [11 24:9
settlement [s] 12:1
12:2 12:12 12:15
20:24
seven [21 14:25
15:2
Seventy [11 22:9
shoplifting [21 18:5
18:5
short p110: 5
shoving [11 17:2
Sieber [21 21:5
21:7
sign [21 20:9 20:17
signatures p] 21:3
signed [11 9:18
signing [11 3:2
SIPE [111:14
sister [31 6:12
14:11 16:3
sister's [21 14:3
14:5
six [11 17:15
Skinner [s1 1:4
1:5 13:24 14:9
19:12
Skinners' [21 21:17
23:1
slip [11 8:25
SMITH [21 1:13
1:18
soft-hearted [117:3
sold [s1 11:6 11:8
11:14 11:20 12:2
20:23 20:24 21:1
somewhere [11 15:1
son [s] 16:21 16:22
18:19 18:20 18:21
18:24 19:25 20:3
Sorry [115:19
speaking [1] 15:23
spine [11 15:16
spoke [21 6:4
21:14
spoken [11 19:4
SS [11 24:1
started [21 10:12
10:13
state [11 3:22
statement [11 9:14
stay [21 17:10 17:13
staying [11 9:12
stenographically [11
24:14
stick [118: 10
stipulated [11 3:1
store [21 18:6 18:7
structure [11 23:8
subscribed [11 24:19
sued [2] 5:8 7:23
summer [1] 14:21
supposed [11 18:8
surgery 161 8:19
15:15 15:16 15:17
15:19 15:20
sworn [31 3:19
24:5 24:12
-T-
T [11 1:21
taking 11] 24:11
taxes [2113:10 13:10
Ted [41 19:16 20:14
21:5 21:5
telephone [1] 16:13
ten [21 6:6 14:23
tendency [11 4:18
terms [21 15:8
15:22
testified [21 3:19
24:9
testify [11 24:6
TESTIMONY [11
24:19
Thank [11 23:14
Thanks p] 23:13
third [1] 12:22
thought [4] 6:13
13:11 13:11 17:22
objections - week
AUDREY J. MCPHERSON
thousands [21 6:17
6:18
three p11 5:23
6:4 6:7 7:23
7:25 10:6 15:3
15:5 15:9 17:8
17:20
through [21 4:7
11:4
times [7] 4:17
5:23 5:24 5:24
6:4 7:22 17:20
today [21 3:8
3:25
toilets [11 16:9
tongue [1] 9:1
took [41 7:11 12:13
21:1 22:15
tough [11 4:23
transaction [11 13:17
transcription [ 11
24:17
transfer [1] 9:15
trial [11 3:5
trouble [11 14:9
trust [2] 20:19 20:20
truth [4120:2 24:6
24:6 24:7
try [21 4:22 9:3
twice [1] 18:5
two [11] 4:23 6:4
6:6 6:7 10:6
13:13 15:5 17:16
17:20 17:21 21:4
type [11 4:23
typing [11 4:16
-U-
under f] 24:17
understand [51 8:5
9:3 10:14 10:21
13:21
up [111 4:11 14:14
16:16 17:10 17:13
17:18 18:4 18:6
18:7 20:8 20:13
upset [11 13:13
used [11 21:4
-V-
V [1] 1:3
van [4] 6:22 7:1
7:2 7:9
verbally [11 4:17
-W-
wait [1] 7:11
waived p1 3:3
wants [11 20:21
Waypoint [21 23:4
23:9
week [316:5 6:5
Index Page 3
HUGHES ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101
weeks - yourself
AUDREY J. MCPHERSON
Multi-PageTm
17:20
weeks [21 6:6
17:21
wheelchair [41 6:21
7:1 10:24 11:1
WHEREOF [1124:19
whole [41 15:24
22:7 22:10 24:6
wire 141 7:12 7:14
7:25 9:15
wired [31 7:7
7:8 7:19 ,
withdrew [11 22:17 P
within [21 10:5
15:1
witness [31 3:18
24:5 24:12
WITNESSES [?1
2:1
word p121:1
words [21 10:24
11:8
worked [31 23:10
23:11 23:11
writing [s] 9:13
9:18 20:7 20:15
21:3
written [2] 20:8
20:13
wrong pl 17:22
wrote [11 12:5
-Y-
year [91 8:20 14:21
14:22 15:15 15:19
15:24 16:1 19:3
21:13
years [9] 14:23
14:24 14:25 15:3
15:5 15:5 22:9
23:11 23:11
yet [11 11:14
York 12124:1 24:15
yourself p] 18:14
Index Page 4
HUG S ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101
ra
71
In
,.r
AUDREY J. MCP ON, IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V NO. 06-2734
&
HOWARD A. SJ
DEBRA K. SK,
DE NTSk .
i
DEPOSITION OF: DEBRA K. SKINNER, VIA TELEPHONE
TAKEN Y PLAINTIFF
BEFORE KASSANDRA L. MCPHERSON, RPR
NOTARY PUBLIC
DATE SEPTEMBER 27, 2006, 3:53 P.M.
PLACE JAMES, SMITH, DIETTERICK &
CONNELLY, LLP
134 SIPE AVENUE
HUMMELSTOWN, PENNSYLVANIA
APPEARANCES:
JAMES, SMITH, DIETTERICK & CONNELLY, LLP
BY: KIMBERLY A. BONNER, ESQUIRE
FOR PLAINTIFF
CALDWELL KEARNS
BY: JEFFREY T. MCGUIRE, ESQUIRE
FOR DEFENDANTS
1,10 Rm
080 Linglestown Road • Suite 103 • Harrisburg, PA 17110
17.540.0220 • Fax 717.540.0221 - Lancaster 717.393.5101
Multi-Page"` DEBRA K. SKINNER
SEPTEMBER 27, 2006
Page 2 Page 4
1 WITNESSES 1 Q Okay. Now, first we're gonna do Debra Skinner's
2 NAME DIRECT CROSS R IEDIRECT RECROSS 2 deposition. So Howard Skinner, please try to keep quiet
3 DEBRA K. SKINNER 3 and not respond. Can you guys hear me okay?
4 BY: MS. BONNER 3 -- -- -- 4 MR. SKINNER: You need to talk a little bit
5 BY: MR. MCGUIRE -- 15 -- -- 5 louder.
6 6 MS. BONNER: How is that? Is that better?
7 MR. SKINNER: Is that better?
a 8 MS. BONNER: Is that better?
9 9 BY MS. BONNER:
10 10 Q Debra, can you please state your name and
11. 11 address for the record?
12 12 A Debra K. Skinner. 992 Cornell Avenue,
13 13 Clearmont, Florida, 34711.
14 14 Q Now, you know the subjectmatter of what this
15 15 lawsuit is about, correct?
16 16 A Yes.
17 - 17 Q And you understand in the complaint your aunt,
1e 18 Audrey McPherson, is requesting breach of contract, so to
19 19 speak, for three separate loans?
20 20 A Yes.
21 21 Q I'm gonna go through each loan separately. Do
22 22 you recall the first one that she talks about in her
23 23 complaint?
24 24 A I don't -- I don't -- I don't -- I don't know.
25 25 I know of a gift that she had given to us but I don't know.
Page 3 Page 5
1 It is hereby stipulated by ar id between 1 If you're asking me a loan, did she give me a loan, she
2 counsel for the respective parties that reading, signing, 2 gave me no loan.
3 sealing, certification and filing are he by waived; and 3 Q I'm just going to refer to them as loans. I do
4 that all objections except as to the for m of the question 4 understand that you're disputing the fact that they are
5 are reserved to the time of trial. 5 loans and that in your opinion it was a gift. But just for
6 6 simplicity sake, in referencing them I'm just going to call
7 DEBRA K. SKINNER, via teleph ne, called as a 7 them the first, second, and third loan. By answering the
8 witness, being duly sworn, testified a follows: 8 questions you're in no way admitting these are loans, okay?
9 DIRECT EXAMINATION 9 A Okay.
10 BY MS. BONNER: 10 Q The first was the wire in the amount of $1,500.
11 Q My name is Kimberly Bonner and I represent 11 Do you recall receiving that?
12 Audrey McPherson in this matter. I' going to give you 12 A The wire of $1,500?
13 both some instructions, even though w e're going to talk 13 Q Yes.
14 with Debra Skinner first. 14 A I don't recall receiving a wire of $1,500.
IS Basically as I ask you the que tion just give me 15 Q Do you recall receiving the amount of 1,500?
16 your answer to the question. If there is something you 16 This would be in February of 2004. Or January, the end of
17 don't understand, please feel free to s ay so. If you want 17 January of 2004.
18 to talk to your attorney you can certai nly talk to your 18 A Was it --
19 attorney. We can have him either pic up the phone and the 19 Q Excuse me?
20 rest of us can leave if you have somet hing you want to say 20 A It was a lift for a wheelchair.
21 in private. 21 Q Yes, that was what I believe was for the
22 If you don't know the answer to the question, 22 wheelchair. Do you recall now?
23 just say I don't know. Do you have a ny questions before we 23 A Yes. I recall the -- the -- the -- that.
24 get started? 24 Q Do you remember any of the circumstances leading
25 A No. 25 up to that?
Page 2 - Page 5
HUGHES ALBRIGHT FOLTZ ATALE 717-540-0220/717-393-5101
DEBRA K. SKINNER Multi-Page TM
, SFPTFMBFR 27- 2006
Page 6 Page 8
1 A Yes. I recall a conversation that me d Audrey 1 called you during that conversation with the $10,000 loan?
2 had concerning that, when I had talked to her. And she 2 A Well, I remember I called her and talked to her
3 offered. At the time we were in -- and still a in -- the 3 about the fact that we -- we needed, but never -- never
4 bankruptcy situation. And I told her that we could not 4 once did I ask for anything from her. Never once. She
5 take any loans, because we couldn't do that i a bankruptcy 5 offered.
6 situation. We were not allowed to take any lo ans. And she 6 Q But during that conversation, when you called
7 said that as far as she was concerned it was n t considered 7 her, she offered the money?
8 a loan. 8 A She offered the money. I never ask for
9 Q Do you remember if you called her du ring that 9 anything. Because I knew, number one, it would be -- we
10 conversation or if she called you? 10 couldn't pay it back because we -- we -- we weren't allowed
11 A I don't recall. We call back and forth so I 11 to take a loan because of our bankruptcy. And that could
12 don't recall who called who. We called each other back and 12 get us in trouble with the courts. We're allowed -- we
13 forth so I don't remember. 13 were allowed to take a gift but we were not allowed to take
14 Q So there's just that one conversation w hich 14 a loan.
15 resulted in the $1,500 loan? 15 Q Do you recall how the $10,000 in funds were
16 A I recall the situation where I talked to er 16 transferred from Mrs. McPherson to you?
17 about the lift for the car and that we were goi ng to use -- 17 A I'm not too sure. I think there it was through
18 have to use the tax money for the lift, that w had saved, 18 the mail.
19 for the lift for the wheelchair. That we were ust going 19 Q Okay. So she sent a check for $10,000?
20 to use the tax money that we saved. 20 A I think so. I believe so.
21 And she had said that there wasn't no reason to 21 Q And it was your understanding that that was a
22 do that. And I told her we -- again, that we c ouldn't take 22 gift?
23 any loans. Because when you're in bankrupt y we are not 23 A That was exactly -- I told her that we could not
24 allowed to take a loan. 24 accept -- she offered the money. Never did I ask for the
25 And so she said, Well, I'm not consi ng this 25 money, she offered it. I told her we could not take a
Page 7 Page 9
1 a loan. So she understood that we were not lowed to take 1 loan. We could not pay it back and take a loan because,
2 no loans in our bankruptcy situation. 2 again, because of the bankruptcy.
3 Q But eventually the 1,500 made its way from her 3 Because it's against the law to take a loan out
4 to you, correct? 4 from anybody. You can take a gift but you cannot take a
5 A Yeah. And I -- I believe she sent a ch eck at 5 loan. And she told me once again not to worry about it,
6 that time, I thought, but I could be wrong. 6 that she did not consider it a loan.
7 Q Okay. And did there come a time tha she loaned 7 Q So there was no discussion of repayment of the
8 you additional money, later in that year? 8 $10,000?
9 A You mean after that? 9 A No.
10 Q Yes. After the $1,500. 10 Q Later in that year did there come a third time
11 A Yes. We moved into a new house and had to 11 that Mrs. McPherson loaned you some money?
12 have -- we had to have money down. And cause of all our 12 A Yes.
13 bankruptcy situations the court was holding he -- the 13 Q Do you recall when that was or the circumstances
14 money that we made off of the house. And a offered, I 14 around that?
15 never, ever ask. I have too much pride. My daddy raised 15 A I don't -- I don't recall what it was. I don't
16 me with too much pride. I never ask her for anything. 16 recall what it was but it was about -- I'm not real sure
17 And she offered, again, to give us $1 ,000 17 what it was about that time. Again, it was -- it was
18 toward -- since we bought the house, toward house; the 18 something that was never -- it was towards the
19 money we needed to put down. And I said w e can't pay you 19 refrigerator, washer and dryer, fence. It was towards
20 back because we can't have a loan. We don' have the money 20 the -- the house. The things we had needed from the
21 to pay you back. And she said, I'm not worr ied about that. 21 house -- for the house that we had not been able to take
22 Q Do you remember who initiated the p hone call 22 from the other house.
23 when this conversation took place? 23 Q So your recollection is that that was for items
24 A Excuse me? 24 for your new home?
25 Q Do you remember if you called hero if she 25 A Yes.
Page 6 - Page 9
HUG S ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101
Multi-Page"'
Page 10
1 Q Do you remember the amount?
2 A No, I do not remember it, the amo t.
3 Q Do you remember discussing with Mrs. McPherson
4 your need for these items?
5 A I remember talking to her, just in nversation,
6 but it was just in conversation like I would talk to my
7 husband about, well, we need this or need that. It was
8 just in conversation. It wasn't in a conversation any
9 further than that.
10 Q So you just mentioned you need these items and
11 the money just showed up?
12 A She offered to help. She offered.
13 Q You say she offered to help. Did ou ask her
14 for a certain amount that you needed?
15 A I never ask her. I never ask her for anything.
16 Anything. Never ask because once again, being in a
17 bankruptcy situation you are not allowed take out -- and
18 as far as I was concerned, at that time wh n she offered
19 the money I just said again that we cannot take out loans
20 because of our bankruptcy. And she s ed to understand
21 that at the time and said she was not considering it a
22 loan. She wanted to help.
23 And me and her, I thought, were lways close.
24 But I'm 40 some years old and we were ways close. Always
25 called to talk to her about my health situa ion and stuff.
DEBRA K. SKINNER
SEPTEMBER 27, 2006
Page 12
1 like that. And she knew that we were in bankruptcy and
2 that we could not take a loan from anybody because we were
3 not allowed to do that by the courts.
4 Q Okay. But this third payment that you received,
5 do you remember getting the funds in the mail?
6 A I don't know. I don't remember how we got it.
7 Q Okay. But would you assume that was a check.
8 like she had previously sent?
9 A I guess. I don't know. I guess.
10 Q When you typically got money from Mrs. McPherson
11 how would it come?
12 A Well, in the mail.
13 Q Okay.
14 A And then right after all of this, right after
15 all this stuff she sent me $40 for my birthday; cash in my
16 birthday card. And in the meantime then all this stuff
17 comes up about, you know, I loaned you this, I loaned you
18 that. I did this, I did that. And then she's sending me
19 $40 cash in my birthday card. So it's very confusing.
20 Q Okay. But you do understand the three times
21 that she is saying she loaned you money are in the
22 complaint?
23 A I understand. I understand that the money was
24 given to us. But I don't understand a loan issue because
25 that was never brought up. And how can you take a loan
Page 13
1 from somebody when the court -- we're under court order
2 that we cannot do that? And she knew that because I told
3 her when she offered the money that I could not -- we could
4 not take on a loan because we were not allowed to do that
5 because of our bankruptcy. We could take a gift from
6 somebody but not a loan. So I'm not understanding the loan
7 bit all of the sudden. And I think it all has to do
8 because I'm talking to my mom --
9 Q Okay.
10 A -- talking to my family. And that's always been
11 an issue. And that was one of the things, that if I talked
12 to my family that then things would change.
13 Q Was there ever a time that you gave
14 Mrs. McPherson any money?
15 A Crave who?
16 Q Did you yourself ever pay your aunt, Audrey
17 McPherson, any money for anything? Did you ever give her
18 money for something?
19 A Well, I don't -- when we lived in the other
20 house we had borrowed money, and that we had borrowed.
21 That was before our bankruptcy. And that money was paid
22 back. We paid that money back. And we understood that
23 that was money that was borrowed. That was before my uncle
24 passed away.
25 Q Do you remember how much money you paid back?
Page 10 - Page 13
HUGHES ALBRIGHT FOLTZ rNATALE 717-540-0220/717-393-5101
Page 11
1 And she went through a lot of the san e things. And so we
2 would talk about things because she w ent through a lot of
3 the same things.
4 And so there was a lot of con ersations between
5 me and her because I thought that we were close. But the
6 conversation towards the end was a c onversation that I was
7 not -- I could not talk to my mother my family, and that
8 was part of the agreement, which I di not understand to
9 begin with.
10 Her and my mother did not so . eye to eye. And
11 so I was sort of in the middle of that. And I -- as soon
12 as -- everything was fine until I starte d talking to my
13 mother. And she found all that out th rough the letter that
14 she got from my sister. And there art ; things that -- that
15 I said, and my sister wrote a letter to her and -- and then
16 the -- that's when all this started abo t the loan bit and
17 all that.
18 It was never talked about like that before until
19 I started talking to my family. My om and -- her and my
20 mom do not see eye to eye. And so ey -- and when she
21 found out that I was talking to my m om, then everything
22 became no longer a gift, it was a loan . Then everything
23 that we --
24 So before we know it we're g tting all this
25 stuff about it being a loan. And it w ;s never talked about
DEBRA K. SKINNER Multi-Page TM
, SEPTEMBER 27- 2006
Page 14 Page 16
1 A I'm not sure how much it was. 1 Q Okay. Let me ask you to do that.
2 Q Approximately. If you could remember a all. 2 A Okay.
3 A I don't remember. 3 Q That's all the questions I have.
4 Q Okay. 4 A Okay.
5 A I don't remember that. 5 (The proceedings concluded at 4:21 p.m.)
6 Q Okay. Do you recall when the last time as that 6
7 you were in Pennsylvania? 7
8 A Yeah. Well, I don't -- I don't -- I don't -- I 8
9 don't member exactly, but it was, I think, in 200 1 when I 9
10 had gone to see my grandmother that I had not su n for 19 10
11 years. And my husband had business up there fro m his job 11
12 and they allowed me to go along. And I got to s my 12
13 grandmother that I had not seen for 19 years. 13
14 Q And that was in approximately 20017 14
15 A Yes. 15
16 Q Did you visit your aunt at that time, Au 16
17 McPherson? 17
18 A Yes. Yes. I visited her and I visited my 18
19 uncle. 19
20 Q And at the time and all the times that you 20
21 accepted money from your aunt you were aware s he was living 21
22 in Pennsylvania? 22
23 A Yes. Yes. 23
24 Ms. BoNNE& Okay, Mrs. Skinner. I don' have 24
25 any further questions at this time. 25
Page 15 Page 17
1 CROSS-EXAMINATION COUNTY OF YORK
1 ss
2 BY MR. MCGUIRE: 2 COMMONWEALTH OF PENNSYLVANIA:
3 Q Debra, this is Jeff McGuire. I just w t to ask 3 I, Kassandra L. McPherson, RPR, Notary Public, do
4 you a couple of things because I want to mak e sure that 4 hereby certify that personally appeared before me, Debra K.
5 it's clear. 5 Skinner, the witness, being by me first duly swom or
6 I know that you are still having medic al 6 affirmed to testify to the truth, the whole truth and
7 treatment and you've had several surgeries. Are you on 7 nothing but the truth, in answer to the oral questions
8 medications today? 8 propounded to Debra K. Skinner by the attorneys for the
9 A Yes. 9 respective parties, testified as set forth in the foregoing
10 Q What medications are you on? 10 deposition.
11 A Just a minute. 11 I further certify that before the taking of said
12 Q Do you have them there with you? 12 deposition, the above witness was duly sworn or
13 A Yes. I have to look at the papers. Or leprazole, 13 affirmed, that the questions and answers were taken down
14 20 milligrams; Klonopin, 1.0 milligrams; Ne ontin, 800 14 stenographically by the said Kassandra L. McPherson, RPR,
15 milligram's; Lexapro, 20 milligrams; KDN (p honetic), 350 15 Notary Public, York, PA, approved and agreed to, and
16 milligrams; Clarinex, 5 milligrams; Closper XL 16 afterwards reduced to print by means of computer-aided
17 (phonetic), 50 milligrams; Feurinol (phonetic ), 180 17 transcription under the direction of the aforesaid
18 milligrams; and Razadone (phonetic) patch, milligrams. 18 Reporter.
19 And I also am asthmatic. I have asthma real bad and I take 19 IN TESTIMONY WHEREOF, I have hereunto subscribed
20 Hydromorphone, 4 milligrams. 20 my hand this 9th day of October, 2006.
21 Q Are you reading off of a list? 21
22 A Yes. 22 Kassarx1ra L. McP n, RPR
23 Q Is that something that you could send to me? 23 Notary Public
24 Can you make a copy and send that to me? 24
25 A Yes. 25
Page 14 -Page 17
HUG S ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101
Multi-Page TM $1,500 - house
DEBRA K. SKINNER
begin [1] 11:9 10:21 EXAMINATION [1]
-$- -A- better [31 4:6 contract (1] 4:18 3:9
500[s]
$1 5:10 able [1] 9:21 4:7 4:8 conversation [ 12] except [1] 3:4
,
5:12 5:14 6:15 above [1] 17:12 between [2] 3:1 6:1 6:10
1
23 8
7 6:14
8:6 Excuse [21
7:24 5:19
7:10
000 (s]
$10
7:17 accept (1] 8:24 11:4
birthday [3] 12:15 :
:
10:5 10:6
11
6 10:8
11
6 eye [4] 11:10 11:10
, accepted [1] 14:21
12:16 ] 2:19 :
10:8 : 11:20 11:20
8:1
: 8:15 8:19 additional [ll 7:8 4:4
bit
3 11:16 conversations [1]
9
8 [
]
$40 [2] 12:15 12:19 address [1] 4:11 13:7 11:4 _F_
admitting [1] 5:8 Bonner [s] 1:18 copy [1] 15:24 fact [2] 5:4 8:3
_?- affirmed [2] 17:6 2:4 3:10 3:11 Cornell [1] 4:12 famil
[a] 11:7
4:6 4:8 4:9 2
Correct 4:15 y
y
17:13 [
] 11:19 13:10 13:12
& [4]
1:18 1:4
1:20 1:13 aforesaid[1] 17:17 14:24
borrowed [31 13:20 7:4
counsel [1] 3:2 far (z] 6:7 10:18
afterwards p 17:16 13:20 13:23
z
COUNTY
1:2 February [1] 5:16
_
-? again [7]
g 6:22 bought (1] 7:18 [
]
17
1 fence (1] 9:19
17 9:2 9:5 :
06-2734 [1] 1:3 9:17 10:16 10:19 breach [1] 4:18 couple [1] 15:4 Feurinol [1] 15:17
against [1] 9:3 brought [1] 12:25 court [4] 1:2 7:13 filing [1] 3:3
-1- agreed (1] 17:15 business [1] 14:11 13:1 13:1 fine [1] 11:12
t 11
8 Courts [21 8:12 first [6] 3:14 4:1
1,500 [2 ] 5:15 [1]
agreemen : _
C_
12:3
4:22 5:7 5;10
7:3 allowed [l l] 6:6
CROSS (1] 2:2 17:5
1.0 [1] 15:14 6:24 7:1 8:10 CALDWELL [1] Florida [1] 4:13
13411] 1:14 8:12 8:13 8:13
4 1:20 CROSS-EXAMIN
15
1 ATION Ill
follows [1]
3:8
15 [1] 2:5 10:17 12:3
14:12 13: cannot
[3] 9:4 :
CUMBERLA ND [1] foregoing [1] 17:9
180 [1] 15:17 along [1] 14:12 1
[
1 1:2 form Ill 3::4
19 [z]
14:10
14:13
always [4]
10:23
7
i1
:
Car (i] r
6:17
forth
3
6:11
6:13
Card [2] 12:16 12:19 [
1
10:24 10:24 13:10 _D_ 17:9
cash [z] 12:15 12:19
-2- amount [s] 5:10
i
14
0
daddy [1]
7:15 found [z] 11:13
20 [2]
15:14
15:15 5:15 10:1
10:14 10:2 n [1]
certa
certainly [1] 1
:
3:18
DATE [1]
1:12 11:21
free
1
17
3
2001 [2114:9 14:14
answer [31
3:16
certification [1
] Debra p l] 1:5 ]
[
:
funds [z]
8:15
2004 [215:16 5:17 3:22 17:7 3:3 1:8 2:3 3:7
12:5
2006 [211:12 17:20 answering (11 5:7 certify [z] 17:4 3:14 4:1
4:12 15:3 4:10
17:4
27 Ill 1:12 answers [1] 17:13 17:11
h 17:8 -G-
APPEARA CES [1] ange [1]
c 13:12 DEFENDANTS
D
h
k [2]
gift [7] 4:25
5:5
-3- 1:17 (3]
c
ec 7:5 1;5
1:22
13
8
8
4
9
-
3 [1]
2:4 aPPeared p1 17:4 8:19 12:7 deposition [4] 1:8
3:5
1:1
:22 13:5
:
34711 [1] 4:13 approved [1] 17:15 circumstances [2] 4:2 17:10 17:12 given [2] 4:25
350 [1]
15:15 assume (1] 12:7 5:24 9:13
Clarinex [1]
15:16 DIETTERIC K (zl 12:24
3:53 [1] 1:12 asthma (1] 15:19
clear Ill 15:5 1:13 1:18
DIRECT [z]
2:2 gone [1] ]4:10
asthmatic [1] 15:19
Cl
t gonna [2] 4:1
mont [1l
ea 4:13 3:9
4
21
_4_ attorney [z] 3:18 close [3l 10:23 10:24 direction [1] 17:17 :
r
3:19 g
andmother [ 2]
4Ill 15:20 attorneys (1] 17:8 11:5 discussing [1) 10:3 14:10 14:13
40 [1] 10:24
Audrey
1:2 Closperol [1] 15:16 discussion [1] 9:7
guess [2]
12:9
4:21 Ill 16:5 3:12 4:18 6:1 COMMON [ll 1:2 disputing (1] 5:4 12:9
13:16 14:16 COMMONWEALTH down [3] 7:12 guys [1l 4:3
-5- aunt [4] 4:17 13:16 Ill 17:2 7:19 17:13
5 [z] 15:16 ] 5:18 14:16 14:21 complaint [3]
22
12 4:17 dryer [1] 9:19 -g-
50 [1]
15:17 Avenue [21
4
12 1:14 4:23
:
uter-aided Ill
com duly [3] 3:8 17:5
hand [1] 17:20
: p
17:16 17:12 health Ill 10:25
aware [1] 14:21 during [3] 6:9
-8' 1
13:24
awa concerned [2] 6:7 8:1 8:6 hear [1] 4:3
800 [1] 15:14 ]
y [ 10:18 help [3] 10:12 10:13
-B concerning [1] 6:2 _E_ 10:22
-9- concluded Ill 16:5 hereby [3] 3:1
1
15:19
bad either [1] 3:19 4
3 17
3
]
[ confusing [1] 12:19 :
:
992 [1] 4:12 bankruptcy 121
CONNELLY
[z] end [z] 5:16 11:6 hereunto [1] 17:19
9th [1] 17:20 6:4 6:5 6:23
1:13 1 1::18 18 ESQUIRE [21 1:18
holding [l]
7:13
7:2 7:13 8:11
id 1:21
h
24
9
9:2 10:17
:2 10:20 erd1]
cons 9:6 1
eventuall 7:3 ome Ill :
• 13:5 13:21 considered [1] 6:7 y [
] house (9] 7:11
:[21 1:3 1:4 became Ill 11:22 considering [2] 6:25 exactly [2] 8:23 7:14 7:18 7:18
14:9 9:20 9:21 9:21
Index Page 1
HUGHES ALBRIGHT FOLTZ ATALE 717-540-0220/717-393-5101
Howard - T
DEBRA K. SKINNER
9:22 13:20 7:1 7:20
Howard [21 1:4 8:11 8:14
42 9:1 9:3
HUMMELSTOWN 9:6 10:22
11:22 11:25
[1l 1:14 12 24 12 25
husband [21 10:7
14:11
Hydromorphone Ili
15:20
-I-
initiated [11 7:22
instructions [1] 3:13
issue [2112:24 13:11
items [3] 9:23
10:4 10:10
-J-
J [ll 1:2
JAMES [2] 1:13
1:18
January [2] 5:16
5:17
Jeff Ili 15:3
JEFFREY [i] 1:21
job [1] 14:11
-K-
K [7] 1:5 1:8
2:3 3:7 4:12
17:4 17:8
Kassandra [4] 1:10
17:3 17:14 17:22
KDN [1] 15:15
KEARNS [1] 1:20
keep [1] 4:2
Kimberly [2] 1:18
3:11
Klonopin [1] 15:14
knew [3l 8:9
12:1 13:2
-L-
L [4] 1:10 17:3
17:14 17:22
last [ll 14:6
law [1] 9:3
lawsuit [1] 4:15
leading [1] 5:24
leave [113:20
letter [2111:13 11:15
Lexapro [1] 15:15
lift [41 5:20 6:17
6:18 6:19
list [1] 15:21
lived [1113:19
living [ll 14:21
LLP [2] 1:13 1:18
loan [2e14:21 5:1
5:1 5:2 5:7
6:8 6:15 6:24
Index Page 2
13:6 13:6
loaned [5l
9:11 12:17
12:21
loans [91
5:3 5:5
6:5 6:6
7:2 10:19
longer [1]
look [11 15:13
louder [1]
8:1
9:1
9:5
11:1
12:2
13:4
7:7
12:1
4:19
5:8
6:23
11:2
4:5
_M_
mail [31 8:18 12:5
12:12
matter [2] 3:12
4:14
McGuire [4l 1:21
2:5 15:2 15:3
McPherson [1411:2
1:10 3:12 4:18
8:16 9:11 10:3
12:10 13:14 13:1
14:17 17:3 17:1
17:22
Ill 7:9
s Ill 17:1
meantime Ill 12:1
medical [1] 15:6
medications [2]
15:8 15:10
mentioned [1] 10:1
middle [1] 11:1
milligram's [1] 15:1
milligrams [9] 15:1
15:14 15:15 15:1
15:16 15:17 15:1
15:18 15:20
minute [1] 15:1
mom [4] 11:19 11:2
11:21 13:8
money [27] 6:18
6:20 7:8 7:12
7:14 7:19 7:20
8:7 8:8 8:24
8:25 9:11 10:1
10:19 12:10 12:2
12:23 13:3 13:1
13:17 13:18 13:2
13:21 13:22 13:2
13:25 14:21
mother [31 11:7
11:10 11:13
moved [ll 7:11
Mrs [61 8:16 9:11
10:3 12:10 13:1
14:24
MS [61 2:4 3:10
4:6 4:8 4:9
14:24
Multi-Page
-N-
name [31 2:2
3:11 4:10
need [4] 4:4 10:4
10:7 10:7
needed pi 7:19
8:3 9:20 10:10
10:14
Neurontin [1] 15:14
never [14] 7:15
7:16 8:3 8:3
8:4 8:8 8:24
9:18 10:15 10:15
10:16 11:18 11:25
12:25
new [2] 7:11 9:24
Notary [4] 1:11
17:3 17:15 17:23
nothing [i1 17:7
now [3] 4:1 4:14
5:22
number p] 8:9
-O-
objections [1) 3:4
October [1] 17:20
off [21 7:14 15:21
offered [13] 6:3
7:14 7:17 8:5
8:7 8:8 8:24
8:25 11):12 10:12
10:13 10:18 13:3
old Ili 10:24
Omeprazole [l l 15:13
once [4l 8:4 8:4
9:5 10:16
one [4] 4:22 6:14
8:9 13:11
opinion [1] 5:5
oral [1] 17:7
order [1] 13:1
_P_
p.m [2] 1:12 16:5
paid [3] 13:21 13:22
13:25
papers [1] 15:13
part Ill 11:8
parties [21 3:2
17:9
passed [1] 13:24
patch Ill 15:18
pay [5] 7:19 7:21
8:10 9:1 13:16
payment Ill 12:4
Pennsylvania [5]
1:2 1:14 14:7
14:22 17:2
personally [1] 17:4
phone [2] 3:19
7:22
phonetic [4] 15:15
15:17 15:17 15:18
pick [1] 3:19
place [2] 1:13
7:23
PLAINTIFF [3]
1:2 1:9 1:19
PLEAS Ill 1:2
previously Ill 12:8
pride [2] 7:15 7:16
print [1] 17:16
private [1] 3:21
proceedings [1] 16:5
propounded [1] 17:8
Public [4] 1:11
17:3 17:15 17:23
put [i1 7:19
_Q_
questions [6] 3:23
5:8 14:25 16:3
17:7 17:13
quiet [1] 4:2
-R-
raised [1] 7:15
Razadone [1] 15:18
reading [2] 3:2
15:21
real [2] 9:16 15:19
reason [1] 6:21
received [1] 12:4
receiving [3] 5:11
5:14 5:15
recollection [11 9:23
record Ill 4:11
RECROSS [1] 2:2
REDIRECT[l]
2:2
reduced [1] 17:16
refer [1] 5:3
referencing [1] 5:6
refrigerator[1] 9:19
remember [17] 5:24
6:9 6:13 7:22
7:25 8:2 10:1
10:2 10:3 10:5
12:5 12:6 13:25
14:2 14:3 14:5
14:9
repayment Ili 9:7
Reporter [1] 17:18
represent [1] 3:11
requesting [1] 4:18
reserved [1] 3:5
respective [2] 3:2
17:9
respond Ill 4:3
rest Ill 3:20
resulted Ili 6:15
right [21 12:14 12:14
:PR [4] 1:10 17:3
17:14 17:22
_S_
sake [1] 5:6
saved [21 6:18
6:20
sealing [1] 3:3
second [ll 5:7
See [4] 11:10 11:20
14:10 14:12
send [2] 15:23 15:24
sending [l1 12:18
sent [4] 7:5 8:19
12:8 12:15
separate [1] 4:19
separately [1] 4:21
SEPTEMBER [1]
1:12
set [1] 17:9
several [1] 15:7
showed Ill 10:11
signing Ill 3:2
simplicity [1] 5:6
SIPE [1] 1:14
sister [2] 11:14
11:15
situation [6l 6:4
6:6 6:16 7:2
10:17 10:25
situations Ill 7:13
Skinner [13] 1:4
1:5 1:8 2:3
3:7 3:14 4:2
4:4 4:7 4:12
14:24 17:5 17:8
Skinner's [1] 4:1
SMITH [2] 1:13
1:18
soon [1] 11:11
sort[1] 11:11
speak [1] 4:19
SS Ill 17:1
started [41 3:24
11:12 11:16 11:19
state [1] 4:10
stenographically [1]
17:14
still [2] 6:3 15:6
stipulated [1] 3:1
Stuff [4] 10:25 11:25
12:15 12:16
subject Ili 4:14
subscribed Ili 17:19
sudden [1] 13:7
surgeries [1] 15:7
sworn [3] 3:8
17:5 17:12
-T-
T [ll 1:21
ALBRIGHT FOLTZ NATALE 717-540-0220/717-393-5101
Multi-Page TM taking - yourself
DEBRA K. SKINNER
taking [11 17:11 waived [ll 3:3
talks [1] 4:22 washer [11 9:19
tax [2] 6:18 6:20 wheelchair [3 5:20
telephone [21 1:8 5:22 6:19
3:7 WHEREOF 1117:19
testified [21 3:8 whole [11 17:6
17:9 wire [31 5:10 5:12
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TESTIMONY [1] witness [31 3:8
17:19 17:5 17:12
third [31 5:7 9:10 WITNESSE S" [11
12:4 2:1
thought [3] 7:6 worried [11 7:21
10:23 11:5 worry [11 9:5
three [214:19 12:20 wrong [11 7:6
through [51 4:21 WrOte [1] 11:15
8:17 11:1 11:2
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14:20 XL [11 15:16
today [1] 15:8
too [31 7:15 7:16 -Y
8:17 year [21 7:8 9:10
took [1] 7:23 years [31 10:24
toward [21 7:18 14:11 14:13
7:18 York [2117:1 17:15
towards [3] 9:18 yourself [11 13:16
9:19 11:6
transcription I11
17:17
transferred [11 8:16
treatment [11 15:7
trial [11 3:5
trouble 111 8:12
truth [31 17:6 17:6
17:7
try [1] 4:2
typically [11 12:10
_U_
uncle [21 13:23
14:19
under [21 13:1
17:17
understand [91 3:17
4:17 5:4 10:20
11:8 12:20 12:23
12:23 12:24
understood [21 7:1
13:22
Up [61 3:19 5:25
10:11 12:17 12:25
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via [21 1:8 3:7
visit [1] 14:16
visited [21 14:18
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Index Page 3
HUGHES ALBRIGHT FOLTZ ATALE 717-540-0220/717-393-5101
Ca
t?"?4s C
1
AUDREY J. MCPHERSON, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
HOWARD A. SKINNER AND
DEBRA K. SKINNER,
DEFENDANTS 06-2734 CIVIL TERM
IN RE: PERSONAL JURISDICTION
ORDER OF COURT
AND NOW, this '?10 day of November, 2006, the preliminary objection of
defendants to plaintiffs complaint, IS DISMISSED.
B the Co ,r
f 1/1
Edgar B. Bayley, J.
Ximberly A. Bonner, Esquire
For Plaintiff
,Jeffrey T. McGuire, Esq
For Defendants
sal
OF RLED-DiFICE
2006 DEC - AN 9.
Pcf `Jr SY? ?, ? !{ `
AUDREY J. MCPHERSON,
PLAINTIFF
V.
HOWARD A. SKINNER AND
DEBRA K. SKINNER,
DEFENDANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
06-2734 CIVIL TERM
IN RE: PERSONAL JURISDICTION
OPINION AND ORDER OF COURT
Bayley, J., November 30, 2006:--
Plaintiff, Audrey J. McPherson, of Cumberland County, Pennsylvania, filed
a complaint against Howard Skinner and Debra Skinner, of Clermont, Florida.
Debra K. Skinner is the niece of Audrey J. McPherson. Plaintiff avers that she
made three loans to defendants. Two were by forwarding checks drawn on her
Pennsylvania account to defendants in Florida -- $10,000 on August 26, 2004,
and $2,000 on November 8, 2004. The third was on January 8, 2005, when she
made a $1,500 wire transfer to defendants in Florida. Plaintiff claims a total due
and unpaid of $13,500 with interest. Defendants filed a preliminary objection to
the complaint challenging jurisdiction over their persons. Depositions were
taken, and the objection is ready for disposition.
The parties do not dispute that there were three telephone conversations
between them during which defendants secured the three loans from plaintiff,
each occurring when defendants were in Florida and plaintiff was in
06-2734 CIVIL TERM
Pennsylvania. The $1,500 loan was for defendants to purchase a wheelchair.
The $10,000 loan was for a payment on defendants' home. The $2,000 loan
was for the payment of taxes owed by defendants.
The Due Process Clause of the United States Constitution permits a state
to exercise in personam jurisdiction over a nonresident defendant when the
defendant's contacts with the forum state are such that the defendant could
reasonably anticipate being called to defend in the forum state. General Motors
Acceptance Corporation v. Keller, 737 A.2d 279 (Pa. Super. 1999). In
Skinner v. Flymo, Inc., 351 Pa. Super. 234 (1986), the Superior Court of
Pennsylvania stated:
Random, fortuitous, or attenuated contacts between a defendant
and the forum state will not support an exercise of jurisdiction.
[Burger King Corp. v. Rudzewicz, 471 U.S. ],105 S.Ct. at 2183,
85 L.Ed.2d at 542; Keeton v. Hustler Magazine, Inc., supra, 465
U.S. at 774, 104 S.Ct. at 1478, 79 L.Ed.2d at 797; World-Wide
Volkswagen Corp. v. Woodson, supra, 444 U.S. at 299, 100 S.Ct.
at 568, 62 L.Ed.2d at 502. Jurisdiction is only proper "where
the contacts proximately result from actions by the defendant
himself which create a 'substantial connection' with the forum
State." Burger King Corp. v. Rudzewicz, supra, 471 U.S. at ----,
105 S.Ct. at 2184, 85 L.Ed.2d at 542 (emphasis in original). See:
McGee v. International Life Insurance Co., 355 U.S. 220, 223, 78
S.Ct. 199, 201, 2 L.Ed.2d 223, 226 (1957). Unilateral activity in the
forum state by others having a relationship with a nonresident
defendant cannot satisfy the requirement that a defendant have
minimum contacts with the forum state. Burger King Corp. v.
Rudzewicz, supra, 471 U.S. at ----, 105 S.Ct. at 2183, 85 L.Ed.2d at
542; Helicopteros Nacionales de Columbia, S.A. v. Hall, supra, 466
U.S. at 416-17, 104 S.Ct. at 1873, 80 L.Ed.2d at 412; World-Wide
Volkswagen Corp. v. Woodson, supra, 444 U.S. at 298, 100 S.Ct.
at 567, 62 L.Ed.2d at 502; Slota v. Moorings, Ltd., supra, 343 U.S.
at 102-03, 494 A.2d at 4.
-2-
06-2734 CIVIL TERM
"Once it has been decided that a defendant purposefully
established minimum contacts with the forum State, these contacts
may be considered in light of other factors to determine whether
the assertion of personal jurisdiction would comport with 'fair play
and substantial justice.'" Id. at ----, 105 S.Ct. at 2184, 85 L.Ed.2d
at 543. Factors to be considered include "'the burden on the
defendant,' 'the forum State's interest in adjudicating the dispute,'
'the plaintiffs interest in obtaining convenient and effective relief,'
'the interstate judicial system's interest in obtaining the most
efficient resolution of controversies,' and the 'shared interest of the
several States in furthering fundamental substantive social
policies.'" Id. at ----, 105 S.Ct. at 2184, 85 L.Ed.2d at 543, quoting
World-Wide Volkswagen Corp. v. Woodson, supra, 444 U.S. at
292, 100 S.Ct. at 564, 62 L.Ed.2d at 498.
On the other hand, where a defendant who purposefully has
directed his activities at forum residents seeks to defeat jurisdiction,
he must present a compelling case that the presence of some
other considerations would render jurisdiction unreasonable ...
Burger King Corp. v. Rudzewicz, supra, 471 U.S. at ----, 105 S.Ct.
at 2184-2185, 85 L.Ed.2d at 543-544 (citations omitted).
(Emphasis added.)
A Pennsylvania Long-arm Statute at 42 Pa.C.S. Section 5322, et seq.
permits a Pennsylvania court to exercise jurisdiction over nonresident
defendants to the fullest extent allowed under the constitution of the United
States and jurisdiction may be based on the most minimum contact with this
Commonwealth allowed under the constitution of the United States. C.J.
Betters v. Mid South Aviation, 407 Pa. Super. 511 (1991). In the case sub
judice, defendants, on three occasions between August 26, 2004 and January
8, 2005, purposely availed themselves of loans from plaintiff in Pennsylvania.
Defendants chose to obtain the loans here rather than in another jurisdiction.
-3-
06-2734 CIVIL TERM
Those contacts created a substantial connection with Pennsylvania.
Defendants having purposely established minimum contacts in
Pennsylvania, there is no significant burden upon them in adjudicating this
dispute in this court which is convenient to plaintiff and can provide an efficient
resolution of the controversy that does not impinge on any shared interest of the
state of Florida in furthering fundamental substantive social policies. Asserting
jurisdiction will not offend the notions of fair play and substantial justice where
defendants could have reasonably anticipated being called into Pennsylvania if
they defaulted on the three separate loans they secured here. Their conduct
supports the exercise of specific personal jurisdiction in this suit.'
ORDER OF COURT
AND NOW, this day of November, 2006, the preliminary objection of
defendants to plaintiff's complaint, IS DISMISSED.
By the Court,
Edgar B. B*Iey,`J.
Kimberly A. Bonner, Esquire
For Plaintiff
Jeffrey T. McGuire, Esquire
For Defendants :sal
' See General Motors Acceptance Corporation v. Keller, supra, which is supportive
of this analysis.
-4-
Jeffrey T. McGuire, Esquire
Ambrose W. Heinz, Esquire
CALDWELL & KEARNS
3631 North Front Street
Harrisburg, PA 17110
717-232-7661
Counsel for Defendants, Howard A. and Debra K. Skinner
AUDREY J. MCPHERSON,
Plaintiff
V.
HOWARD A. SKINNER and
DEBRA K. SKINNER
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 06-2734 Civil Term
JURY TRIAL DEMANDED
DEFENDANTS, HOWARD A. SKINNER'S AND DEBRA K. SKINNER'S
ANSWER WITH NEW MATTER
AND NOW come Defendants, Howard A. Skinner and Debra K. Skinner
hereinafter ("Defendants") through their counsel, Caldwell & Kearns, and file this
Answer to Plaintiff's Complaint as follows:
1. Admitted.
2. Admitted.
3. Admitted.
COUNT I - BREACH OF CONTRACT
4. Admitted in part, denied in part. It is admitted that on January 8, 2004,
March 26, 2004 and November 8, 2004, Plaintiff made a series of monetary transfers to
Defendants in the amounts of $1,500.00, $10,000.00 and $2,000.00, respectively. By
way of further response the checks and bank statement are documents in writing, which
speak for themselves. It is specifically denied that the transfers to Defendants were
loans requiring repayment. To the contrary, these transfers by Plaintiff were gifts given
without promise of repayment from Defendants.
5. Denied. The averments of paragraph 5 are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent a
response is required, it is specifically denied that the transfers made by Plaintiff were
loans requiring repayment.
6. Denied. The averments of paragraph 6 are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent a
response is required, it is admitted only that Plaintiff has demanded money from
Defendants. It is specifically denied that the transfers from Plaintiff to Defendants were
loans.
7. Denied. The averments of paragraph 7 are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent a
response is required, it is denied that any conditions existed entitling Plaintiff to
repayment of the funds given to Defendants.
8. Denied. The averments of paragraph 8 are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent a
response is required, it is specifically denied that Defendants have any obligation to
repay Plaintiff.
9. Denied. The averments of paragraph 9 are conclusions of law to which no
response is required under the Pennsylvania Rules of Civil Procedure. To the extent a
response is required, it is specifically denied that Defendants owe Plaintiff money as a
result of the transfers.
2
WHEREFORE, Defendants request that Plaintiff's Complaint be dismissed and
that a judgment be entered in Defendants' favor for the cost and expense of defending
this action.
ALTERNATIVE COUNT I - UNJUST ENRICHMENT
10. Admitted. Moreover, even if the transfers from Plaintiff to Defendant
constituted a loan, Plaintiff has not alleged facts sufficient to support the conclusion that
the agreement with Defendants entitled her to attorney's fees in case of default, and she
is not entitled to recover the same.
11. Denied. The averments of paragraph 11 are conclusions of law to which
no response is required under the Pennsylvania Rules of Civil Procedure. To the
extent a response is required, it is admitted only that Plaintiff provided Defendants with
$13,500.
12. Denied. The averments of paragraph 12 are conclusions of law to which
no response is required under the Pennsylvania Rules of Civil Procedure. To the
extent a response is required, it is specifically denied that Plaintiff was entitled to a
return on the payments made to the Defendants.
13. Denied. The averments of paragraph 13 are conclusions of law to which
no response is required under the Pennsylvania Rules of Civil Procedure. To the
extent a response is required, it is denied that Defendants acted in any way that would
justify Plaintiff anticipating repayment of the funds transferred to Defendants.
14. Denied. The averments of paragraph 15 are conclusions of law to which
no response is required under the Pennsylvania Rules of Civil Procedure.
15. Denied.
3
WHEREFORE, Defendants request that Plaintiff's Complaint be dismissed and
that a judgment be entered in Defendants' favor for the cost and expense of defending
this action.
NEW MATTER
16. The answers to paragraphs 1 through 15 are incorporated herein as
though set forth at length.
17. Plaintiff fails to set forth a claim against Defendant for which relief may be
granted.
18. At all times relevant to this action, Defendants never explicitly agreed to
repay the funds transferred to them by Plaintiff.
19. At all times relevant to the transactions referenced in Plaintiff's Complaint,
Defendants believed that the funds transferred to them by Plaintiff were gifts.
20. Defendants' believe, and therefore aver, that Plaintiff was aware that
Defendants did not consider the funds transferred to them to be loans.
21. Plaintiff is Defendant Debra Skinner's aunt.
22. Plaintiff voluntarily offered funds to Defendants without Defendants
explicitly requesting the same and without any promise by Defendants of repayment.
23. At all times relevant to the transactions referenced in the Plaintiff's
Complaint, Defendants were in bankruptcy.
24. At all times relevant to the transfers referenced in the Plaintiffs Complaint
Plaintiff was aware that the Defendants were in bankruptcy.
25. Defendant Debra Skinner explained to Plaintiff that they could not accept
any loans because they were in bankruptcy.
4
26. On occasions prior to the events complained of in the Complaint, Plaintiff
has given money to Defendant, Debra Skinner.
27. On the prior occasions when Plaintiff ha given money to Defendant, Debra
Skinner, Defendant, Debra Skinner has not repaid the money.
WHEREFORE, Defendants request that Plaintiff's Complaint be dismissed and
that a judgment be entered in Defendants' favor for the cost and expense of defending
this action.
Date: or
06416001/110884
By:
Respectfully submitted,
CALDV L & KEARNS
J?Ffre quire, Esquire
Att ey 1. D. No. 73617
ettorrose W. Heinz, Esquire
ney I.D. #91021
3631 North Front Street
Harrisburg, Pennsylvania 17110
(717) 232-7661
Attorneys for Defendants,
Howard A. and Debra K. Skinner
5
VERIFICATION
The undersigned hereby verifies that the facts set forth in the foregoing
document are true and correct to the best of his knowledge, information and belief and
further states that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Dated:
Howard A. Skinner
CERTIFICATE OF SERVICE
AND NOW, this da of April, 2008 1 hereby certify y y ify that I have served a
copy of the within document on the following by depositing a true and correct copy of
the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to:
Kimberly A. Bonner, Esquire
P.O. Box 650
Hershey, PA 17033
CALDWELL & KEARNS
By ?.
0
r _a _t
AUDREY J. MCPHERSON NO. 06-2734
Plaintiffs
V.
HOWARD A. SKINNER and
DEBRA K. SKINNER
Defendants
PETITION FOR APPOINTMENT OF ARBITRATORS me a_
TO THE HONORABLE
THE JUDGES OF SAID COURT:
, CO
JAMES, SMITH, DIETTERICK & CONNELLY, LLP, for the plaintiff/defendant u ie i ve ;.;!
action (or actions), respectfully represents that:
1. The above-captioned action is at issue. -' '
2. The claim of the plaintiff in the action is $13,500.00.
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to
sit as arbitrators:
JAMES, SMITH, DIETTERICK & CONNELLY, LLP
CLADWELL & KERNS, P.C.
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
JAMES, SM H, D TERICK & CONNEL Y LLP
i
BY:
Scott A. DiMerick, Esquire
Kimberly A. Bonner, Esquire
Attorneys for Movant
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
(717) 533-2795 FAX
sad(a)jsdc.com; kab&jsdc.com
PA I.D. #55650; PA I.D. #89705
C"kk\ %94.0a -4 a
cl&o a"" D
VA anSVO-70(
A* y
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Plaintiff
efendant
In The Court of Common Pleas of Cumberland
County, Pennsylvania No?- c? /-7 t?X
Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
State and the Constitution of this Commonwealth and th ill discharge the duties of our office
wit fidelity.
gnature nature ignatur
I.0.MUN E. fboata?,r
Name (Chairman) Name Name
Law Firm
J49' ?D- - ? I f s?
Address
City, Zip
Law Firm
Address
City, Zip
,IpvC?.PdJw 1,4W op-Rc ,0
Law Firm
I MW wort bt
Address
P& -4011
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.)
O1
, dissents. name if applicable.
Date of Hearing:
(Chairman)
Date of Award:
Notice of Entry of Award
Now, the i 1 day of 20at 4 .M., the above award was
entered upon the docket and notice t ell redf given by mail to the parties or their attorneys.
Arbitrators' compensation to be4aid upon appeal: $ JSQ - yU
Prothonotary
By:
Deputy
FILED-DF"FiCE
O THE PROTHON0TARI,,,
2011 JUL 19 AM 9= 53
CUMBERLAND CUUNT
PENNSYLVANIA
r
AUDREY J. MCPHERSON,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
HOWARD A. SKINNER and NO. 06-2734 Civil Term
DEBRA K. SKINNER z, -
Defendants JURY TRIAL DEMANDED 5 r;w
x'
r c, -
NOTICE OF APPEAL Cn
FROM BOARD OF ARBITRATORS -T7
cn w -
TO THE PROTHONOTARY: ?
'` '
Notice is given that Defendants, Howard A. Skinner and Debra K. Skinner,
appeal from the board of arbitrators entered in this case on July 19, 2011.
A jury trial is demanded Z. (Check box if a jury trial is demanded. Otherwise
jury trial is waived.)
I hereby certify that
®1. the compensation of the arbitrators has been paid, or
?2. application has been made for permission to proceed in forma pauperis.
(Strike out the inapplicable clause.)
Date: August , 2011
06416-1-180113
itted,
By:
J0r c uire, Esquire
/Attqrbja? . # 73617
-CALDW L & KEARNS, P.C.
3631 North Front Street
Harrisburg, PA 17110
717-232-7661 (Telephone)
717-232-2766 (Fax)
jmcguire@cklegal.net
Counsel for Appellants, Howard A. and
Debra K. Skinner
NOTE: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1(b). No affidavit or
verification is required. 4,560.oo PO ArN
eQ698-75
CERTIFICATE OF SERVICE
AND NOW, this day of August 2011 1 hereby certify that I have served a
copy of the foregoing document on the following by depositing a true and correct copy
of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed
to:
Scott A. Dietterick, Esquire
Kimberly A. Bonner, Esquire
P.O. Box 650
Hershey, PA 17033
CALDWELL & KEARNS
By -S4L ?1--
IQ