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HomeMy WebLinkAbout06-7093..COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Cumberland County JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. "?64?3 0,.?pn A •A NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. Jay A. Ryan, Jr. IDist. Ct. 09-1-03 ADDRESS OF APPELLANT CITY STATE ZIP CODE 1210 Musket Lane Mechanicsburg PA 17050 DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) 11-13-06 Jay A. Ryan, Jr. vs Marissa Seeger CLAIM No. CV YEAR 2 0 6 - 2 61 - SIGNATURE OF APPELLANT OR HIAATTORNEY OR AGENT LT YEAR _ /? This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 10086. This notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) in action before district Justice, he A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or his attorney or agent RULE: To appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: Year Signature of Prothonotary or Deputy White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , year by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name _, or year , ? by personal service by (certified) (registered) mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , year E] by personal service by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR _ Signature of oftial before whom affidavit was made Title of official My commission expires on , year ?w *ft Signature ofAfRant 0 C ra C= C= 0 C ?11 !? am . C M I Cf W Y t om • ` COMMONWEALTH OF PENNSYLVANIA C()I IAI"I"v rla- CUMERTJUM Mag Di l Nu 09-1-03 MbJ Name lion, RICHARD S. DOUGHERTY Aaarees, a o n vN rf%v a ,,., --- y ENOLA, PA Telephone (717) 7282805 17025 RICHARD B. DOUGIMTY 98 S ENOLA DR STE 1 SNOLA, PA 17025 THIS IS TO NOTIFY YOU THAT: Judgment; FOR DBFZNDANT NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAMC And ADDRCb$ RRYAN JR, JAY A. ? 1210 KUSKRT LANE MECHANICSBURG, PA 17050 L J VS. DEFENDANT- NANIr : „I nn?aFSs r6EEGSR, KARISSA ?l 214 SENATE AVM US APT/STS 404 C/0 YOFFE & YOFFI, PC LCA1[P HILL, PA 17011 J Docket No.: CV-0000261-06 Datc Filed: 9/11/06 (Cute of Judgment) 11/13/06 ® Judgment was entered for- (Name) SEEGER, MARISSA Judgment was entered against: (Nam in the amount of $ RYAN JR, JAY A Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dlsmissPcf without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of rc ,idential lease $ .... ... Amount of Judgment $ • 00 Judgment Costs $ .00 Interest on Judgment $ ..00 Attorney Fee:: $ .00 Total $ .00 Post Judgment Credits $ Post Judgment Costs g Certified Judgement Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY of JUDGMENT RY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY 13E ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL. Se ens, UH UI-HERwISE COMPLIES WITH THE JUDGMENT. ' ? ?,I ;Date ? ;: w;.M?<w;:,,; •,Y I"9 tet-ial:f3istilot Judge gis ertif tha this is a true Id co ecl " ??J) y t f t edi 3 tai:ninp tho jl.ldgmerot: Date _Ma$ti&%Ol District Judge 01 y4.` WrF ~ My Commission expires first Monday of Ja SAIL AOPG 31?•pC DATE PRINTEDs 11/13/06 2:34:00 PM T, ti •d 2)-S9Ot72ZiZ:01 eoe28221TL Aid3l-lono0 fGW:WD-lA 17£:2T 9002-€T-D30 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTHOF PENNSYLVANIA COUNTY OF il- r ss AFFIDAVIT: I hereby swear or affirm that I served j a copy of the Notice of Appeal, Common Pleas No. ?1? its - -? 42 ~ upon the District Justice designated therein on ?t (date of service) Id' IL( - 0,6 , year 4900 A ? by personal service 19by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name M 4 r 5 Sa Se e5 t e- -,on )d - 14- 06 , year CU ? , ? by personal service ??by (certified) (registered) mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , year E] by personal service [:]by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME . THIS DAYOFdayffihir YEAR ,7006, Signature of official before whom affidavit was made /V0hary A-41 'c Title of official My commission expires on year 4X07. (' `yrdacq yij$ e v z i i Signature of Afiiant r rr? C r i r- r? -- _ -t' ti,A ?•w-.."a'vmi,a....®e,'Vatw.t?.d1'?sa..?'. ':..rm:tw •a ., -'wiY ,.,, r . . . :a€`?tlC'.' r a;,.ac;?a„ ., v^6C a'?v:.._+,?y?...:ye.-.:s: -'-„wti+:,.a'?,° ?"i,'•..,?R.si... -; ?•n,?," „s!:^- , yl'i `?r r? COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS C:uiuL,c.rland C:c;unt ., i JUDICIAL DISTRICT l I I COMMON PLEAS No. Q> w r'`I NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. da? A. Ryuri, Jr. ?i6t. Cl- 09-1-0,3 ADDRESS OF APPELLANT CITY STATE ZIP CODE 1-`10 a%:uskc--t Lane C?10C li3l?lt ?lil1Y? pta DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) 11~13--06 a. ay A. Ryra_2, jr. Aral 1.?i:ici Vs >%t i? :Y . CLAIM NO. -- SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT CV YEAR lf3 r LT YEAR _ - -/? ,R' `° r,•'7 _. This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R.C.P.J.P. R.C. P.J.P. No. 10088. No. 1001(6)) in action before district Justice, he This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. ( Signature of Prothonotary or Lfeputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE` (This section of form to be used ONLY when appellant was DEFENDANT (sewPA R.C. P.J. P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served ypon appellee. PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No. Signature of appellant or his attorney or agent RULE: To Name of appellee(s) Name of appellee(s) NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT appellee(s), to file a complaint in this appeal within twenty (20) days after service of rule or suffer entry of judgment of non pros. appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) (3) Date: If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. The date of service of this rule if service was by mail is the date of the mailing. Year White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold D. J. Copy Signature of Prothonotary or Deputy Proth. - 76 'a S' 7006 0100 00 05 1037 4617 ,: = - JAY A. RYAN, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA vs. : DOCKET NO. 06-7093 MARISSA SEEGER, CIVIL ACTION - LAW Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013-3308 (717) 249-3166 JAY A. RYAN, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA vs. : DOCKET NO. 06-7093 MARISSA SEEGER, CIVIL ACTION - LAW Defendant COMPLAINT AND NOW, comes the Plaintiff, Jay A. Ryan, Jr., by and through his attorney, Mark K. Emery, Esquire, and files this Complaint as follows: 1 2 3 4 5. Plaintiff, Jay A. Ryan, Jr., is an adult individual with present address of 1210 Musket Lane, Mechanicsburg, Pennsylvania 17050. Defendant, Marissa Seeger, is and adult individual with a present address of 775 Erford Road, Camp Hill, PA 17011. In or about April 2006 Plaintiff and Defendant began a personal relationship. During that period of time, Plaintiff loaned Defendant monies in the amount of $6,583.07. Such loans occurred as follows: 1. In April 2006, Plaintiff charged an amount of $77.3 8 at WalMart for birthday presents for Defendant's son. Such charges were made on behalf, and at the request, of Defendant. 2. In or about May 2006, Plaintiff loaned Defendant an amount of $4,200.00 to enable Defendant to purchase a Hummer H3. 3. In May 2006, Plaintiff loaned Defendant $1,000.00 to allow Defendant to put a retainer down on an attorney to represent her in her divorce. 4. On May 5, 2006, Plaintiff charged $80.69 at Wa1Mart for party favors and items 1 for Defendant's son's birthday party. Such charges were made on behalf, and at the request, of Defendant. 5. In or about May 2006, Plaintiff paid $150.00 on Defendant's behalf for repairs to Defendant's laptop computer. 6. In or about May, 2006 Plaintiff loaned Defendant $100.00 to enable Defendant to schedule an eye exam and pay for new contact lenses. 7. In or about July 2006, the parties agreed to split the cost of a beach house rental and Defendant failed to reimburse Plaintiff for her half totaling $900.00. 8. July 1, 2006, Plaintiff loaned Defendant an amount of $125.00 as Defendant had written checks from her account without sufficient funds and therefore Plaintiff loaned Defendant such amount to be placed in her account to cover those checks. 6. On each occasion set forth above the parties specifically agreed that the amounts provided by Plaintiff to Defendant or paid by Plaintiff to third parties on Defendant's behalf, were to be considered loans from Plaintiff to Defendant that would be repaid by Defendant. 7. Defendant had confirmed these items were loans and throughout the course of their relationship made statements evidencing that she understood they were loans and the amounts were to be paid back. In or about June 2006, Defendant provided Plaintiff a Hewlett Packard printer in exchange for a credit of $50.00 towards her loan payments. 9. Despite demand Defendant has failed and refused to repay all sums loaned to her by Plaintiff. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgement for 2 him and against Defendant in the amount of $6,583.07, plus costs and all pre and post judgement interest. Said amount requires compulsory arbitration. Respectfully submitted, LAW OFFICES OF MARK K. EMERY By:?f - --- T` E Mark K. Emery, Esquire Supreme Court I.D. No. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Plaintiff Date: December 28, 2006 VERIFICATION I, Jay A. Ryan, Jr., hereby verify that I have read the foregoing Complaint and that the information contained therein is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: 12 -(q-o?; 4 CERTIFICATE OF SERVICE AND NOW, this 28a' day of December, 2006, I, Mark K. Emery, Esquire do hereby certify that I have served the foregoing Complaint by mailing a true and correct copy via United States first class mail, addressed as follows: Ms. Marissa Seeger 214 Senate Avenue, Suite 404 Camp Hill, PA 17011 LAW OFFICES OF MARK K. EMERY By: -`/... Mark K. Emery c. . IN) j ;. ' l? °3 JAY A. RYAN, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 06-7093 MARISSA SEEGER CIVIL ACTION -LAW Defendant NOTICE TO PLEAD You are hereby notified to file a written response to the within Counterclaim within twenty days (20) days from service hereof or a judgment may be entered against you. JAY A. RYAN, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. MARISSA SEEGER Defendant DOCKET NO. 06-7093 CIVIL ACTION -LAW ANSWER AND COUNTERCLAIM AND NOW, comes Defendant, Marissa Seeger by and through her counsel of record Bradley L. Griffie, Esquire and the law firm of Griffie and Associates and files the following Answer and Counterclaim: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. It is denied that during any period of time Plaintiff "loaned" funds to Defendant and specifically denied that Plaintiff "loaned" moneys in the amount of $6,583.07 to Defendant. 5. Denied. It is denied that "loans" occurred from Plaintiff to Defendant. 5.1. Admitted in part and Denied in part. It is admitted that in April 2006 Plaintiff charged the amount of $77.38 at Walmart for birthday presents for Defendant's son. It is denied that such charge was made at the request of Defendant. It is averred rather that Plaintiff, of his own accord, chose to charge that amount for Defendant's sons birthday presents as a form of a gift to Defendant and her son. 5.2. Denied. It is denied that on or about May 2006, Plaintiff "loaned" Defendant an amount of $4,200.00 to enable Defendant to purchase a Hummer H3. 5.3. Denied. It is denied that in May 2006 Plaintiff loaned Defendant $1,000.00 to allow Defendant to put a retainer down on an attorney to represent her in her divorce. 5.4. Admitted in part and Denied in part. It is admitted that on May 5, 2006 Plaintiff charged $80.69 at Walmart for party favors and items for Defendant's son's birthday party. It is denied that such charges were made at the request of Defendant. It is averred rather that Plaintiff of his own accord, chose to charge that amount for Defendant's son's birthday parry items as a form of gift to Defendant and her son. 5.5 Defendant is without sufficient knowledge or information to form a belief as to the truth of the averments set forth in paragraph 5.5. and they are, therefore, denied with specific proof thereof be demanded at trial. It is further averred, however, that if said payment was made it was as a gift to the Defendant and on Defendant's behalf. 5.6. Denied. It is denied that on or about May 2006, Plaintiff "loaned" Defendant $100.00 to enable Defendant to schedule an eye exam and pay for new contact lenses. 5.7. Denied. It is denied that on or about July 2006, the parties agreed to split the costs of a beach house rental. It is further denied that Defendant failed to reimburse Plaintiff for her half totaling $900.00, in that there was no agreement to share in the costs of the beach house rental. 5.8. Denied. It is denied that on July 1, 2006 Plaintiff "loaned" Defendant the amount of $125.00 for any purpose. It is specifically denied that said funds were "loaned" from the Plaintiff to the Defendant to cover checks for which there was an insufficient balance in her checking account. 6. Denied. It is specifically denied that at any point when Plaintiff expended funds on Defendant's behalf, there was an agreement to reimburse Plaintiff by the Defendant. It is specifically denied that on any occasion the parties ever agreed that any amounts expended by Plaintiff to third parties on Defendant's behalf were to be reimbursed to Plaintiff. It is specifically denied that any funds Plaintiff spent on the Defendant, or which Plaintiff paid the third parties on Defendant's behalf, were ever considered loans from Plaintiff to Defendant. It is specifically denied that there was ever an agreement for Defendant to repay Plaintiff any amounts at the time any sums were expended by Plaintiff on Defendant's behalf. 7. Denied. It is denied that Defendant confirmed that any expenditures by Plaintiff on behalf of the Defendant were loans. It is denied that the Defendant ever, throughout the course of the parties' relationship, ever confirmed that any funds expended by Plaintiff on Defendant were to be repaid. 8. Denied. It is denied that on or about June 6, 2006 Defendant provided Plaintiff with a Hewlett Packard printer for exchange for a credit of $50.00 toward her loan payments. It is averred rather that Defendant simply provided Plaintiff with a Hewlett Packard printer that she was no longer using as a gift to him, particularly in light of the many gifts that Plaintiff had provided to Defendant. 9. Denied as stated. While it is admitted that Plaintiff has made demand of the Defendant to compensate sums to him. It is denied that there were or are any sums due from Defendant to Plaintiff. It is denied that there were any "loans" made from Plaintiff to Defendant. It is denied that Plaintiff has any rights to make claims against the Defendant as made in the within Complaint. WHEREFORE, Defendant requests your Honorable Court to dismiss Plaintiffs Counterclaim. COUNTERCLAIM 10. Defendants Answers to paragraphs 1 through 9 of Plaintiff's Complaint are incorporated herein by reference as is set forth in our full text. 11. Throughout the period of time that the parties were dating, Plaintiff continually insisted upon expending sums of money on Plaintiff at times beyond ordinary dating expenses, to which Defendant repeatedly objected. 12. Throughout the period of time that the parties were dating, Plaintiff was extremely insistent upon Defendant accepting the numerous and various gifts that Defendant made to Plaintiff. 13. Once Defendant terminated the parties' relationship, Plaintiff became very demanding of Defendant and insisted that she "repay" everything that he spent on her during their period of dating and courtship. 14. Plaintiff, at various times, threatened to sue Defendant if she did not "reimburse" him for funds he expended on her during their courtship. 15. Out of fear of being sued, Defendant began negotiating with Plaintiff to pay him in order to avoid litigation over his various demands for "reimbursement" of funds he expended on her while the parties were courting. 16. When Defendant became aware that she did not have the obligation to repay the Plaintiff for gifts that he provided during their courting and refused to make payment, Plaintiff initiated litigation against Defendant in an attempt to punish Defendant for terminating their relationship and in an effort to create additional financial hardship for the Defendant. 17. Plaintiff's action in initiating the within Complaint is dilatory, obdurate, and vexatious conduct in that he is fully aware that there was never an agreement between the parties at the time of expending of funds by Plaintiff for Defendant for repayment or reimbursement of any such funds expended. 18. Plaintiff's conduct in commencing the within action is arbitrary, vexatious, and in bad faith. 19. Plaintiff brings the within action solely because Defendant terminated the parties' relationship causing Plaintiff to become upset, which served as the only basis for Plaintiff now claiming that he is entitled to some type of reimbursement for funds expended by him for Defendant during their courtship. WHEREFORE Defendant requests the Honorable Court to enter a Judgment in favor of Defendant and against Plaintiff in an amount to compensate Defendant for her counsel fees, costs, and expenses associated with her defense of the within litigation, and in an amount requiring compulsory arbitration. Respectfully submitted, ffie, E uire ey for Defen ant 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: C7 _ MAR SA SEE ER JAY A. RYAN, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 06-7093 MARISSA SEEGER CIVIL ACTION -LAW Defendant CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the 7W, day of February, 2007, cause a copy of Defendant's Answer and Counterclaim to be served upon Plaintiff by serving his attorney of record, Mark K. Emery, Esquire, by first-class mail, postage prepaid at the following addresses: Mark K. Emery, Esquire 410 North Second Street Harrisburg, PA 17101 DATE: o? (LD 9? jo 7 GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 r' Ca i -? C?t 7 r=?y t fZ ., e E? JAY A. RYAN, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSYLVANIA vs. : DOCKET NO. 06-7093 MARISSA SEEGER, CIVIL ACTION - LAW Defendant ANSWER TO COUNTERCLAIM AND NOW, comes Plaintiff, Jay A. Ryan, Jr., by and through his attorney, Mark K. Emery, Esquire, and files this following Answer to Counterclaim as follows: 10. No answer required. 11. Denied. It is specifically denied that Plaintiff insisted upon expending sums of money. Rather, Defendant consistently requested Plaintiff to loan her sums of money, at times due to her lack of financial discipline or ability to maintain sufficient funds in her account to cover her expenditures. 12. Denied. It is specifically denied that Plaintiff was insistent upon Defendant accepting numerous expenditures of funds. Nothing required Defendant to accept said funds. By way of specific example, if Defendant wished not to accept a $4,200.00 loan for the purchase of a Hummer she could not afford, she could simply have chosen not to purchase such vehicle, or have purchased a vehicle more within her financial ability. 13. Denied. It is specifically denied that Plaintiff became very demanding that Defendant repay all of the loans made to her during the period of their relationship. On the contrary, Plaintiff requested Defendant make payment, and Defendant agreed. Despite such 1 agreement, Defendant has now failed and refused to make payments of the amounts legally due and owing Plaintiff. 14. Denied. It is specifically denied that Plaintiff threatened to sue Defendant if she did not pay back the loans to which she was legally required to make payment. However, once Defendant reneged on her legal obligation, Plaintiff did exercise his rights to file suit against Defendant. 15. Denied. It is specifically denied that Defendant at any time negotiated with Plaintiff out of any alleged fear over litigation. On the contrary, Plaintiff requested Defendant to make payment of the amounts legally due him, and Defendant agreed that such payments would be made 16. Denied as stated. It is specifically denied that Plaintiff initiated litigation in an attempt to punish Defendant. Rather litigation was instituted solely to enforce Defendant's legal obligation to make payment to Plaintiff for all loans provided to her. 17. Denied as a conclusion of law. 18. Denied as a conclusion of law. 19. Denied as a conclusion of law. WHEREFORE, Plaintiff respectively requests this Honorable Court enter judgement for him and against Defendant and further award all costs and attorney's fees to Plaintiff for Defendant's frivolous Counterclaim. NEW MATTER 20. Defendant failed to set forth cause of action for which relief can be granted. 2 21. Defendant's Counterclaim is in violation of 42 Pa. C.S.A. §8351. 22. Defendant's Counterclaim is asserted without probable cause and is made solely in an attempt to intimidate and harass Plaintiff. WHEREFORE, Plaintiff respectively requests this Honorable Court enter judgement for him and against Defendant and further award all costs and attorney's fees to Plaintiff for Defendant's frivolous Counterclaim. Respectfully submitted, LAW OFFICES OF MARK K. EMERY By: Mark K. Emery, Esquire Supreme Court I.D. No. 72787 410 North Second Street Harrisburg, PA 17101 (717) 238-9883 Attorney for Plaintiff Date: December 28, 2006 3 VERIFICATION I, Jay A. Ryan, Jr. hereby verify that I have read the foregoing Answer and New Matter, and that the information contained therein is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: 5 '? a'?7 CERTIFICATE OF SERVICE AND NOW, this 16'h day of March, 2007, I, Mark K. Emery, Esquire do hereby certify that I have served the foregoing Answer and New Matter by mailing a true and correct copy via United States first class mail, addressed as follows: Bradley L. Griffie, Esquire 200 North Hanover Street Carlisle, PA 17013 LAW OFFICES OF MARK K. EMERY c_----vim Mark K. Emery r-3 ?. 1 JAY A. RYAN, JR., Plaintiff V. MARISSA SEEGER Defendant IN THE COURT OF COM1V CUMBERLAND COUNTY, DOCKET NO. 06-7093 CIVIL ACTION - LAW LEAS OF JSYLVANIA DEFENDANT'S ANSWER TO PLAINTIFF'S NEW MATTER 20. Denied. It is denied that Defendant failed to set forth a cause of actio Ir which relief can be granted. Further, paragraph 20 is denied as a conclusion o aw. 21. Denied. It is denied that Defendant's Counterclaim is in violation f 42 Pa. C.S.A. §8351. Further, paragraph 21 is denied as a conclusion of law. 22. Denied. It is denied that Defendant's Counterclaim was asserted witho t probable cause. It is denied that Defendant's Counterclaim is made solely in intimidate or harass Plaintiff. It is averred rather, that the averments speak for themselves. WHEREFORE, Defendant requests your Honorable Court Plaintiff's New Matter. Respectfully submitted, . Griie, Esquire rney for Petitioner 00 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 to rclaim dismiss JAY A. RYAN, JR., Plaintiff V. MARISSA SEEGER Defendant IN THE COURT OF COMM CUMBERLAND COUNTY, DOCKET NO. 06-7093 CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the March, 2007, cause a copy of Defendant's Answer to Plaintiff's New Matter upon Plaintiff by serving his attorney of record, Mark K. Emery, Esquire, t mail, postage prepaid at the following addresses: Mark K. Emery, Esquire 410 North Second Street Harrisburg, PA 17101 DATE: a _? 1? (e V riffie, Esquire e for Petitioner 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 LEAS OF JSYLVANIA day of served A-class VERIFICATION I verify that the statements made in the foregoing document are true and eprrect. I understand that false statements herein are made subject to the penalties of Iq Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. r j . DATE: -? 19t; IC9 i?iAR?SSA C'? ? ? Q -s1 c? .?., ? "3 c3 ?; ?._;? ; ? s - r; ?- . ? _,_ ` i ?C ;,?:. 7 - ;-tip ?T ti ?'? JAY A. RYAN, JR., Plaintiff V. MARISSA SEEGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 7093 CV 20 06 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Mark K. Emery, Esquire counsel for the plaintiff/&f in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 6,583.07 The counterclaim of the defendant in the action is unstated amount. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Mark K. Emery, Esquire, Bradley L. Griffie, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, petition, Esq., and captioned action (or actions) as prayed for. 200 , in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY 44, IJ a r ? ? ? n JAY A. RYAN, JR., Plaintiff V. MARISSA SEEGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . NO. 7093 , CV 20 06 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Mark K. Emery, Esquire , counsel for the plaintiff/40fetxWX in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 6 , 5 8 3. 0 7 The counterclaim of the defendant in the action is unstated amount. The following attomeys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Mark K. Emery, Esquire, Bradley L. Griffie, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT` AND NOW, C a r / , 200 7 , in consideration of the foregoing petition, ' r 1 7L Esq., and Esq., and L Esq., are appointed arbitrators in the above captioned ction (or actions) as prayed for. e Court, , r` d ,F kS k-A tj 'gop? DGAR B. BAYLEY ?o Jay A,_R an _ .11r Plaintiff In The Court of Common Pleas of Cumberland County, Pennsylvania No. 0 6 - -709-1 Marissa Segger Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office 'th fideli all Signature/ Signature tiost/eph ur -1aria P. Cognetti Karl E. Rominger P. Ruane Name (Chairman) Name Name Cognetti & Assoc. Law Firm 210 Grandview Ave. Address Rominger & Assoc. Law Firm 155 South Hanover St. Address Weigle & Assoc. Law Firm 126 East King St. Address Camp Hill, PA 17011 Carlisle, PA 17013 Shippensburg, PA 17257 City, zip city, zip 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.) In favor of Defendant on the Complaint and in favor of Plaintiff _ nn the rnimf inr_rl a i m ,.,bitrator, assents. (Insert name if applicable. T---r----t-- _ Date of Hearing:__jun,,, 2p2007 Date of Award: jU n p 20- ?n 0 7 (Chairman) Notice of Er#ty ofward Now, the - 161*?_ day of , 20_at :3a , A.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitr4tors' compensation toe paid upon appeal: $ 350. o0 By: Deputy t ?' t? --n ;- ? 4 y, cam.,-?,.? r"?-?' _ _?,?9 ....- `_«s ` _ { ""? "-? ?4?' X',? .. ? _...x ??,` ?., ?? 1 +? f ?? ? e ? „{*)4? i ?.Y r /A? ?? ????