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HomeMy WebLinkAbout06-6514METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Robert P. Grubb, Esquire Attorney I.D. No. 76057 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KEVIN C. STEVENS.) VS. Plaintiff NO.- D,?- (oS c??? l ??n GERTRUDE E. FRYMAN, Defendant Arbitration Demanded NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OCC MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONA AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 PHONE: (800) 990-9108 364686-1 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia esrita en persona o po abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o por cualquier dinero reclamado en la demanda o po cualquier otra queja o compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI USTED NO TIENE O NO CONOCE UN ABODAGO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013 PHONE: (800) 990-9108 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. BY: Ro 364686-1 METZGER, WICKERSHAM, P.C. By: Robert P. Grubb, Esquire Attorney I.D. No. 76057 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KEVIN C. STEVENS, Plaintiff VS. NO.- Q (0 5r? 7 G? ?a?'?`. GERTRUDE E. FRYMAN, Defendant Arbitration Demanded COMPLAINT AND NOW, comes the Plaintiff, Kevin C. Stevens, by and through his attorneys, Metzger, Wickersham, Knauss & Erb, and respectfully represents the following: 1. Plaintiff, Kevin C. Stevens, is an adult individual residing at 338 Hummel Street, Harrisburg, Dauphin County, Pennsylvania, 17104. 2. Defendant, Gertrude E. Fryman, also known as Trudy Fryman, is an adult individual residing at 245 West Middlesex Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The facts and circumstances hereinafter set forth occurred during that period of time from June 21, 2005 through August 31, 2006. 364686-1 4. On or about March 6, 2005, the Plaintiff and the Defendant began an intimate relationship. 5. Defendant was the owner and operator of a 1999 Kenworth W900 over-the road truck. 6. One or about June 21, 2005 Defendant Fryman, secured a contract with Overnight Transportation, of Richmond, Virginia, (hereafter "Overnight Transportation") with a local terminal at Mechanicsburg, Pennsylvania, as an independent contractor, to drive a cross-country trucking route primarily between Carlisle, Pennsylvania and Los Angeles, California or Fontana, California (hereinafter the "cross-country route"). 7. On or about June 21, 2005, Defendant Fryman, hired Plaintiff Stevens as an over- the-road driver to drive the said cross-country route. Driving duties on this route were to be split between Defendant Fryman and Plaintiff Stevens and together they were known to Overnight Transportation as the "Fryman Team". By an unwritten agreement, Defendant Fryman offered to hire Plaintiff Stevens and Stevens agreed to work for Defendant Fryman on a per trip rate of eight hundred ($800.00) dollars per trip on the said cross-country route. 8. Plaintiff Stevens worked for Defendant Fryman as a part of the "Fryman Team" from June 21, 2005 through March 10, 2006. 9. Upon information and belief, during the time period of June 21, 2005 thorough March 10, 2006, Plaintiff Stevens made twenty-two (22) cross-country route trips as an employee of Defendant Fryman. 10. Defendant Fryman has paid Plaintiff Stevens only three (3) payments for three (3) cross-country trip runs. 364686-I 11. Defendant Fryman has refused to pay Plaintiff Stevens the agreed upon per trip rate for the balance of the cross-country routes he drove while employed by the Defendant. 12. On July 29, 2005, Defendant Fryman purchased a 2000 Chevrolet pick-up truck from Spankey's Auto Sales, Inc., a true copy of the receipt for the down payment is attached hereto and made apart hereof as Exhibit "A". Plaintiff Stevens loaned to Defendant Fryman the cash sum of two thousand ($2,000.00) dollars towards the down payment on the pick-up truck. 13. On August 26, 2005, Defendant Fryman executed a promissory note in the amount of two thousand $2,000 dollars evidencing the loan from Plaintiff Stevens, and promised to repay Plaintiff Stevens the full amount by October 31, 2005. A true copy of the promissory note is attached hereto and made a part hereof as Exhibit "B". 14. On or about November 24, 2005, Plaintiff Stevens and Defendant Fryman began cohabiting at the aforesaid residence of the Defendant. 15. Plaintiff Stevens provided many improvements, repairs and enhancements to Defendant Fryman's home for which he has not been paid or reimbursed. 16. On February 23, 2006, Defendant Fryman executed a certain document, a true and correct copy of which is attached hereto and made apart hereof as Exhibit "C", in which she memorialized the terms of certain agreements between herself and Plaintiff Stevens and provided for testamentary distributions to Plaintiff Stevens in the event of her death. 17. Defendant Fryman, by the aforesaid writing dated February 23, 2006 (Exhibit "C"), in the last paragraph memorialized her agreement to give to Plaintiff Stevens the cash sum of ten thousand ($10,000.00) dollars in the event either the house or truck is sold. 364686-/ 18. It is believed and therefore averred that Defendant Fryman sold her 1999 Kenworth W900 in April of 2006. 19. On or about May 5, 2006, Plaintiff Stevens severed his intimate relationship with Defendant Fryman and no longer cohabitated with her. 20. It is believed and therefore averred that Defendant Fryman has sold or is in the process of selling her home located at 245 West Middlesex Drive, Carlisle. 21. Defendant Fryman remains in possession or control of certain items of Plaintiff Steven's personal property. A statement of which is attached her to and made a part hereof as "Exhibit "D". 22. Despite Plaintiff Steven's repeated requests, Defendant Fryman refuses to turn over Plaintiff's personal property to Plaintiff. 23. Defendant Fryman has threatened to sell all of Plaintiff Steven's personal property which is in her possession. 24. Despite Plaintiff's repeated requests, Defendant refuses to honor their agreements as memorialized in the February 26, 2006 writing, to repay the loan evidenced by the August 28, 2005 Promissory Note and to return to Plaintiff all of his personal property which is in Defendant's possession. COUNTI BREACH OF CONTACT 25. Plaintiff incorporates paragraphs 1 through 24 of this Complaint by reference. 26. During the time period of June 21, 2005 thorough March 10, 2006, Plaintiff Stevens was employed by Defendant Fryman as a cross-country route truck driver. 364686-/ 27. Defendant Fryman, as the employer, is in possession of all records concerning the employment of Plaintiff Stevens. 28. Upon information and belief, Plaintiff Stevens made twenty-two (22) cross- county route trips as an employee of Defendant Fryman. 29. Defendant Fryman has paid Plaintiff Stevens the agreed upon per trip rate of eight hundred ($800.00) dollars for each of three (3) cross-country route trips or a total of two thousand four hundred ($2,400.00) dollars. 30. Defendant Fryman has not paid and refuses to pay Plaintiff Stevens for nineteen (19) cross-country route trips at the agreed upon per trip rate of eight hundred ($800.00) dollars per trip or fifteen thousand two hundred ($15,200) dollars. WHEREFORE, Plaintiff Stevens demands judgment against Defendant Fryman in the amount of fifteen thousand two hundred ($15,200) dollars, plus interest, costs, and fees allowed by law. COUNT II UNJUST ENRICHMENT 31. Plaintiff incorporates paragraphs 1 through 30 of this Complaint by reference. 32. Plaintiff Stevens, as employee, provided the agreed upon services to Defendant Fryman as employer expecting to be paid the per trip rate of eight hundred ($800.00) dollars for each of the cross-country route trips he worked. 33. Plaintiff Stevens has been paid for only three (3) of the twenty-two (22) cross- country route trips. 364686-1 34. Plaintiff Stevens has not been paid for nineteen (19) of the twenty-two cross- country route trips or fifteen thousand two hundred ($15,200) dollars. 35. Defendant Fryman would be unjustly enriched by withholding Plaintiff Steven's earned per diem payments. WHEREFORE, Plaintiff Stevens demands judgment against Defendant Fryman in the amount of fifteen thousand two hundred ($15,200) dollars, plus interest, costs, and fees allowed by law. COUNT III BREACH OF CONTRACT 36. Plaintiff incorporates paragraphs 1 through 35 of this Complaint by reference. 37. On February 23, 2006, Defendant Fryman executed a certain document, a true and correct copy of which is attached hereto as Exhibit "C", in which she agrees to pay Plaintiff Stevens, the cash sum of ten thousand ($10,000.00) dollars in the event Defendant Fryman sells her home at 245 W. Middlesex Drive, Carlisle, or her truck a certain 1999 Kenworth W900 (99KW.W900) before her death. 38. It is believed and therefore averred that Defendant Fryman sold her 1999 Kenworth W900 Truck sometime in April of 2006. 39. Defendant Fryman has not paid to Plaintiff Stevens, the ten thousand ($10,000.00) as agreed to and memorialized in the said February 23, 2006 document. WHEREFORE, Plaintiff Stevens demands judgment against Defendant Fryman in the amount of ten thousand ($10,000.00) dollars, plus interest, costs, and fees allowed by law. 364686-1 COUNT IV BREACH OF CONTRACT 40. Plaintiff incorporates paragraphs 1 through 39 of this Complaint by reference. 41. Plaintiff Stevens loaned to Defendant Fryman, the cash sum of two thousand ($2,000.00) dollars on July 29, 2006 towards the purchase of a 2000 Chevrolet pick-up truck. 42. Defendant Fryman executed a certain promissory note (Exhibit "A") dated August 26, 2005 in the amount of two thousand ($2,000.00) dollars to Plaintiff Stevens in which she promises to pay Plaintiff Stevens the full amount by October 31, 2005. 43. Defendant Fryman has not paid to Plaintiff Stevens any portion of the loan evidenced by the promissory note. WHEREFORE, Plaintiff Stevens demands judgment against Defendant Fryman in the amount of two thousand ($2,000.00) dollars, plus interest, costs, and fees allowed by law. COUNT V CONVERSION OF PERSONAL PROPERTY 44. Plaintiff incorporates paragraphs 1 through 43 of this Complaint by reference. 45. On or about May 6, 2006, Plaintiff Stevens, moved out of Defendant's said residence. Plaintiff Stevens intended to return for his personal belongings. 46. In the aforementioned February 23, 2006 document, (Exhibit "C") Defendant Fryman agreed to allow Plaintiff Stevens up to "one (1) month from the day he decides to leave" 364686-/ to remove his belongings. In said document, Plaintiff Steven's belongings (tangible personal property) are identified by Defendant Fryman as: a. All Clothing; and b. Tools; and c. Animals (wall mounts, bear rug, eagle snake); and d. 9 x 12 Rug from Arizona; and e. Small wooden Cabinet in Basement; and f. Rifle. 47. Personal property belonging to Plaintiff Stevens which is in the possession or control of Defendant Fryman is itemized in the aforementioned Exhibit "D". 48. Defendant Fryman has refused to allow Plaintiff Stevens to retrieve many of his personal property from Defendant Fryman's residence. 49. It is believed and therefore averred that Defendant Fryman has sold or is intending to sell some or all of Plaintiff Steven's personal property. 50. WHEREFORE, Plaintiff Stevens demands Defendant Fryman be enjoined from selling his personal property, that she be ordered to immediately turn over to Plaintiff Stevens his personal property, and where Plaintiff Steven's property has been sold by Defendant Fryman, she be required to pay restitution, plus interest, costs, and fees allowed by law. 364686-1 Respectfully submitted, Dated: -'tea METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: Grub Esquire I.D. N& 76057 METZGEM, ZCKERSHM 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff KNAUSS & ERB, P.C. 364686-I VERIFICATION I, Kevin C. Stevens, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information, and belief To the extent that the content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Dated: I)-' -04 "O? C Kevin C. Stevens 364686-1 F SPANKEY'S AUTO SALES, INC. .701 East Locust SL, MECHANICSBURG, PA 17055.786-1893 • Routes 11 & 15, SUMMERDALE, PA 17025 •732-2290 • 1702,,Harrisbur9 Puce, CARUSLE, PA 17013 •241-2410 ACCOUNT NOTE I HOW PAID ?AffMOUNT CASH ???'.f?6 .,d CHECK 7 A-1994-NC (B) (3M) / DATE 38924 RECEIPT NO. 'a-f LBI/ ?' Thank You 'i G a.7 .2r?.« ? aYS Gam. /? .2c.. aj 30 6L w?..? <a. CC 9p'.?? ao -2? oZ6 hoet4? 0J.0 ale ca,,--.jea4 7Z zz? vo 0 EXHIBIT "D" Personal Property of Kevin C. Stevens Remaining in the possession or control of Gertrude E. Fryman 1. Small Wooden Cabinet; 2. Miscellaneous Tools including a Paselode pneumatic nail gun and 2 cases of nails; 3. Indian Head Carving; 4. 25" Flat Screen Television; 5. Kerosene Heater; 6. Miscellaneous Clothes. 364686-1 C v N r~ h r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KEVIN C. STEVENS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. l CIVIL TERM CIVIL ACTIO - LAW GERTRUDE E. FRYMAN, Defendant Arbitration Demanded CERTIFICATE OF SERVICE I, Robert P. Grubb, Esquire, of the law firm Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that the Defendant in this action whose name and address is set forth below was personally served on November 8, 2006. Ms. Gertrude E. Fryman alkla Trudy Fryman 245 West Middlesex Drive Carlisle Cumberland County Pennsylvania 17013 Robert 1. D. lfo. 76037 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Date: November r0 '2006 KNAUSS & ERB, P.C. 366804-1 ..? -.?..?- ?? ? ?; z._ ,s? -- ?? s . t tJ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY DOCKET NO: 2006-6514 KEVIN C. STEVENS V GERTRUDE E. FRYMAN CIVIL ACTION, LAW APPEARANCE Now comes Richard R. Gan, Esq. and enters his appearance on behalf of GERTRUDE E. FRYMAN, the named Defendant in this matter. / Ll / 2-- ?6 ( . Richard R. Gan, Esq. Gan Law Group 17 West South Street Carlisle, Pa 17013 ID 68721 717-241-4300 Dated: C-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW KEVIN C. STEVENS Plaintiff, Vs GERTRUDE E. FRYMAN Defendant File No 06-6514 ANSWER TO COMPLAINT By and through her undersigned attorney, Defendant Gertrude E. Fryman files her answer to plaintiff's complaint as follows: 1. In response to paragraph one of Plaintiffs complaint, Defendant admits the same. 2. In response to paragraph two of Plaintiffs complaint, Defendant admits the same. 3. In response to paragraph three of Plaintiffs complaint, Defendant denies the same as it is untrue as plead. 4. In response to paragraph four of Plaintiffs complaint, Defendant admits that over the course of the party's personal relationship, they had intimate relations on three occasions within the first 60 days only. 5. In response to paragraph five of Plaintiffs complaint, Defendant admits the same. 6. In response to paragraph six of Plaintiffs complaint, Defendant admits the same. 7. In response to paragraph seven of Plaintiffs complaint, Defendant responds as follows. That the parties had a loosely constructed oral agreement that was subsequently modified by Plaintiff in which he waived most or all of his compensation because he was living in the Defendants home and she was paying all expenses. To the extent required by court rule, Defendant denies the allegation as it is untrue as plead. 8. In response to paragraph eight of Plaintiffs complaint, Defendant admits that the parties worked together during this time period. 9. In response to paragraph nine of Plaintiffs complaint, Defendant admits that the parties (working together as a team) made a number of cross country trips. 10. In response to Paragraph ten of Plaintiffs complaint, Defendant denies the same as it is untrue as plead. Plaintiff received substantial compensation in the form of lodging, food, vacations and collateral expense that far exceeded the three checks received from Defendant. 11. In response to paragraph eleven of Plaintiffs complaint, Defendant denies the same as it is untrue as plead. Plaintiff has received substantial compensation in the form of food, lodging, automobiles, loans, vacations and other matters of personalty that far exceed the alleged sum for "wages." 12. In response to paragraph twelve of Plaintiffs complaint, Defendant denies the same as it is untrue as plead. 13. In response to paragraph thirteen of Plaintiffs complaint, Defendant admits that she originally agreed to repay the down payment on the truck the Plaintiff was driving until she was required to make all payments on the truck loan. 14. In response to paragraph fourteen of Plaintiffs complaint, Defendant admits the same. 15. In response to paragraph fifteen of Plaintiffs complaint, Defendant denies the same as it is untrue as plead. The parties lived together, Defendant paid all expenses and Plaintiff was assisting to maintain Defendants home. 16. In response to paragraph sixteen of Plaintiffs complaint, Defendant admits that she drafted this document. Defendant further states that it was drafted under duress and never conveyed to the Plaintiff. 17. In response to paragraph seventeen of Plaintiffs complaint, defendant states that Plaintiff received more than $10,000.00 in housing, food, auto, vacation and related expenses. 18. In response to paragraph eighteen of Plaintiffs complaint, Defendant denies the same as it is untrue as plead. 19. In response to paragraph nineteen of Plaintiffs complaint, Defendant denies the same as it is untrue as plead. 20. In response to paragraph twenty of Plaintiffs complaint, Defendant denies the same as it is untrue as plead. 21. In response to paragraph twenty one of Plaintiffs complaint, Defendant denies the same as it is untrue as plead. 22. In response to paragraph twenty two of Plaintiffs complaint, Defendant denies the same as it is untrue as plead. 23. In response to paragraph twenty three of Plaintiffs complaint, Defendant denies the same as it is untrue as plead. 24. In response to paragraph twenty four of Plaintiffs Complaint, defendant denies the same as it is untrue as plead. Plaintiff has received just and extensive compensation during the course of the parties relationship. COUNTI BREACH OF CONTRACT 25. In response to paragraph twenty five of Plaintiffs complaint, Defendant restates her answers to paragraphs one through twenty four as if reproduced in full. 26. In response to paragraph twenty six of Plaintiffs complaint, Defendant admits that Plaintiff assisted in driving certain cross country runs. 27. In response to paragraph twenty seven of Plaintiffs complaint, Defendant admits that she retains most records relating to her work responsibilities. To the extent required by court rule, Defendant denies that she is in possession of all records concerning Plaintiffs alleged employment. 28. In response to Paragraph twenty eight of Plaintiffs complaint, defendant admits that the Plaintiff made twenty two cross country trips as a friend, student and during the course of a personal relationship. 29. In response to paragraph twenty nine of Plaintiffs complaint, Defendant admits that she paid Plaintiff $2,400.00 in checks. Defendant paid many thousands of dollars to the plaintiff in training, housing, meals, vehicles and much more. 30. In response to paragraph 30 of Plaintiffs complaint, Defendant denies the same as it is untrue as plead. Plaintiff has received more than sufficient and just compensation during the course of the party's relationship. WHEREFORE, Defendant Fryman respectfully requests that plaintiffs claim for damages, interest. Costs and fees be dismissed/ COUNT II UNJUST ENRICHMENT 31. In response to paragraph thirty one of Plaintiffs complaint, Defendant restates her answers to paragraphs one through thirty as if reproduced in full. 32. In response to paragraph thirty two of Plaintiffs complaint, Defendant denies the same as it is untrue as plead. 33. In response to paragraph thirty three of Plaintiffs complaint, Defendant denies the same as it is untrue as plead. Plaintiff has received extensive and just compensation during the period in which he carried on a relationship with the Defendant. 34. In response to paragraph thirty four of Plaintiffs complaint, Defendant denies the same as it is untrue as plead. Plaintiff has received extensive compensation in the form of housing, food, automobiles, vacations and much more during the course of this relationship. 35. In response to paragraph thirty five of Plaintiffs complaint, Defendant Fryman denies the same as it is untrue as plead. WHEREFORE, Defendant Fryman prays that Plaintiffs complaint be Dismissed in it's entirety with all costs and attorney fees to be paid by the Plaintiff. COUNT III BREACH OF CONTRACT 36. In response to paragraph thirty six of Plaintiffs complaint, Defendant restates her answers to paragraphs one through thirty five as if reproduced in full. 37. In response to Paragraph thirty seven of Plaintiffs complaint, Defendant states that this document was drafted under duress, never conveyed to the Plaintiff and intended in substantial part as a testamentary document only. 38. In response to Paragraph thirty eight of Plaintiffs complaint, Defendant admits that she sold a certain 1999 Kenworth W900. 39. In response to Paragraph thirty nine of Plaintiffs complaint, Defendant states that she has paid the Plaintiff extensive sums of money in the form of lodging, food, automobiles, vacations and other matters during the course of their relationship WHEREFORE, Defendant respectfully requests that Plaintiffs complaint be dismissed with al cots and attorney fees to be paid by Plaintiff. COUNT IV BREACH OF CONTRACT 40. In response to paragraph forty of Plaintiffs complaint, Defendant restates her answers to paragraphs one through thirty nine as if reproduced in full. 41. In response to paragraph forty one of Plaintiffs complaint, Defendant denies the same as it is untrue as plead. 42. In response to paragraph forty two of Plaintiffs complaint, Defendant denies the same as it is untrue as plead. Defendant has repaid the Plaintiff many times over in costs relating to vehicle loans, housing, food, vacations and other matters. 43. In response to paragraph forty three of Plaintiffs complaint, Defendant denies the same as it is untrue as plead. WHEREFORE, Defendant Wert respectfully requests Plaintiffs complaint be dismissed in it's entirety with all costs and Attorney fees to be paid by Plaintiff. COUNT V CONVERSION OF PERSONAL PROPERTY 44. In response to paragraph forty four of Plaintiffs complaint, Defendant restates her answers to paragraphs one through forty three as if reproduced in full. 45. In response to paragraph forty five of Plaintiffs complaint, Defendant denies the same as it is untrue as plead. 46. In response to paragraph forty six of Plaintiffs complaint Defendant denies the same as it is untrue as plead. The only remaining item is a small wooden cabinet which will be provided to counsel for Plaintiff upon demand. 47. In response to paragraph forty seven of Plaintiffs complaint, Defendant denies the same as it is untrue as plead. 48. In response to paragraph forty eight of Plaintiff complaint, Defendant denies the same as it is untrue as plead. 49. In response to paragraph forty nine of Plaintiffs complaint, Defendant denies the same as it is untrue as plead. WHEREFORE, Defendant respectfully requests that Plaintiffs request for injunctive relief be denied and that this complaint be dismissed in it's entirety with all costs and fees to be paid by Plaintiff. Respectfully submitted, I.D. 68721 17 West South Street Carlisle, PA 17031 717-241-4300 Counsel for Defendant Richard R. Gan, Esquire VERIFICATION I, Gertrude Fryman, hereby certify that the facts set forth in the foregoing Answer to Complaint are true and correct to the best of my knowledge, information and belief; I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: Document #: 163765.1 ?-? u .,. ? c' `'?` j ?`, .,? i i r '. ,? KEVIN C. STEVENS, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. . 06-6514 GERTRUDE E. FRYMAN, CIVIL DIVISION Defendant ARBITRATION DEMANDED PRAECIPE FOR WITHDRAWAL OF APPEARANCE AND PRAECIPE FOR ENTRY OF APPEARANCE PURSUANT TO Pa R.C P 1012 (b)(2)(h) [SUBSTITUTION OF COUNSEL] ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearances of Adam G. Klein, Esquire, and Mark S. Silver, Esquire, of Joseph A. Klein, P.C., on behalf of Plaintiff Kevin C. Stevens in the above- captioned action. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address set forth below: Adam G. Klein, Esquire I.D. No. 82283 Mark S. Silver, Esquire I.D. No. 09825 JOSEPH A. KLEIN, P.C. 500 North Third Street, 7 h Floor Harrisburg, PA 17101 (717) 233-0132 fax: (717) 233-2516 JOSEPH A. KLEIN, P.C. t B Z?a - am G. Kle' Esquire Attorney I.D. No. 82283 500 North Third Street, 7t' Floor P.O. Box 1152 Date: November 1L, 2008 Harrisburg, PA 17101 (717) 233-0132 Attorneys for Kevin C. Stevens, Plaintiff JO PH . KLEIN, P.C. Y By: Mark S. Silver, Esquire Attorney I.D. No. 09825 500 North Third Street, 70' Floor P.O. Box 1152 Date: November V , 2008 Harrisburg, PA 17101 (717) 233-0132 Attorneys for Kevin C. Stevens, Plaintiff WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Robert Grubb, Esquire, Metzger, Wickersham, Knauss & Erb, P.C., 3211 North Front Street, P.O. Box 5300, Harrisburg, Pennsylvania 17110-0300 (I.D. No. 76057) on behalf of Plaintiff Kevin C. Stevens in the above-captioned action. Date Robert G#b, Esquire Attorney No. 760` Metzger, Wickersham, Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 KEVIN C. STEVENS, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. 06-6514 GERTRUDE E. FRYMAN, CIVIL DIVISION Defendant ARBITRATION DEMANDED CERTIFICATE OF SERVICE I, Mark S. Silver, Esquire, of the law firm of Joseph A. Klein, P.C., do hereby certify that on this date I served the attached Praecipe for Entry of Appearance and Praecipe for Withdrawal of Appearance Pursuant to Pa. R.C.P. 1012(b)(2)(ii) upon the person(s) listed below by regular U.S. Mail, deposited in Harrisburg, Pennsylvania: Richard R. Gan, Esquire 17 West South Street Carlisle, PA 17013 Attorney for Defendant JOSEPH A. KLEIN, P.C. By: ar S. v ire Attorney I.D. No. 09825 500 North Third Street, 7t' Floor P.O. Box 1152 Date: November , 2008 Harrisburg, PA 17101 (717) 233-0132 Attorneys for Kevin C. Stevens, Plaintiff C~? "`..a C? R??y N `..?... L3.. .,'t '"Mh , ,.-j ? ? + w? ??? KEVIN C. STEVENS, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA c o ?' V. : ?vo s rn GERTRUDE E. FRYMAN, La -v m ' DEFENDANT NO. 06-6514 CIVIL r-? -4c:) ° C") _ w ORDER OF COURT c CD AND NOW, this 23rd day of May, 2011, upon consideration of the Richa* R7 E---< Gan, Esquire's Motion to Make Rule Absolute regarding the Motion to Withdraw as Counsel for Defendant, IT IS HEREBY ORDERED AND DIRECTED that the Motion is GRANTED. Richard R. Gan, Esquire, is permitted to withdraw as counsel for the Defendant. By the Court, N?? M. L. Ebert, Jr., (I J. 'Richard R. Gan, Esquire Petitioner Adam G. Klein, Esquire Meted ?"io a,3 N Gertrude E. Fryman 5J Defendant bas David -D. Buell Prothonotary Officeof the Prbti10notaiy Cum6erland~County, (Pennsylvania DI �yrkS. Sofionage, ESQ Soficitor L p CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 2$T" DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE — THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA. R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square ® Suitel00 ® Carcisre, TA 0 (Phone 717 240-6195 0Ta,x 717 240-6573