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Home My WebLink About02-3109 ;5. ('uyw'~"d PI o.ln fi ff v. ~ ~ ~t ~ ~ pJ~",-s Curtthe-rJo.-Jl CCNr\~, Rrr'<1s~~ No. o2-3/()9 Civ-il J~h /1, ~fo- fl SWJ 'RJ, ~b~ 1121to J)eF€l\~ Ci 11~ I flc;riOY\. - ~ .J{ori'cE J]<N ~ h.a.e- Sr<J~ ;,... c~. if ov w.s( 1-0 ~ ~ -tt...- (!fJo.:....., ~ cr-il Z- 1ft ftlo~ ~~,1 ~ nuJst ~ ~::JiCJt<. w>'~ ~ (zo)J~ aj-kx tt; ~ ~ ",-o-fice a-rl' ~ t:f~ 0.. w~fh,... o.pf~c f~ or.bq.. Jc-rn':j &rtJ ~Ii~ ;... wid7'iJWlrerfc. Cuvrt ~ ~. K ob~-fjo.U -10 fe c1~ ..d ~~ ~L ~. c!t' a..<Z... LA.J1WneJ.. ff:..t- ~ (100 ~ +0 J 0 ..so ~ caS4> ~ ~roc:f.,€.p... tvi~ ~ o.rQ ...... O~w )")t~ be: UuEJ. C!J;_~JOD!:J tl-...~,..A W'l'f(v.r r~ ~(;.e f- or;- f~~ a..tL ~ ~\I/i7-tk c~ ~ ~ ~ oifu cd~:.w m- r~ Y't~ ~ -if.. ~-trFf. ~d l"s.~ I-n~ O<-(Jrcf'~.Jcr ~oft~ [3 "fs ~o.r % r. You. SffOClL..I> r,4/<G" '71ti'S PftPE'R ,0 'tOI.(J2.. i...~ ITr CAJq;, .- J. 'F Yoc.e 30 /JOT Hf/oJe Ir L..~ YI=<-'<' ore O}III'NO, fi'FFo,e.l) 0(1$:1 Go To 19 Ict../r.fPHctJE" TIlt: Cf;t:'IClf" Se, Fo,e:nf BE LOa) 70 F;AJ'J) ~r ~/(~72E YO<<. C!,,4 )J (i; er t..ffGA.L. II EL.. P. C.U.M ~~;I'J) {b"N'TY &,e /-l-..5300An'dN 2 L..~ t8b72.ty (-II/G'. Cfl,e)....iSLE~ 'Prl /7013 TELffPtfotU 'E-:: 8co- fJ9o- glOB, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA B. CONRARDY, v. : NO. 02-3109 JACOB A. SUTA, : CIVIL ACTION - LAW Defendant NOTICE TO PLEAD TO: Plaintiff, B. Conrardy You are hereby notified to plead to the enclosed Preliminary Objections within twenty (20) days from service hereof or a default judgment may be entered against you. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ~ I Dated: July ~ ~ 2002 Steven Mmer, Esquire Attorney I.D. No. 38901 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendant, Jacob A. Suta Document #: 238155.1 Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA B. CONRARDY, v. : NO. 02-3109 JACOB A. SUTA, CIVIL ACTION - LAW Defendant DEFENDANT'S PRELIMINARY OBJECTIONS PURSUANT TO RULE 28 AND 1078 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE TO PLAINTIFF'S COMPLAINT IN REPLEVIN TO THE HONORABLE COURT: NOW, COMES the Defendant, Jacob A. Suta, through his counsel, Steven P. Miner, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., and makes the following Preliminary Objections to Plaintiffs Complaint in Replevin: 1. Plaintiff has failed to properly serve the Complaint pursuant to Pa.R.Civ.Pro. S400 et seq. 2. Plaintiff has failed to provide a proper Writ of Seizure pursuant to Pa.R.Civ.Pro. S 1 075 and SI075.1. 3. Plaintiff has failed to provide a bond to proceed pursuant to Pa.R.Civ.Pro. S1075, SI075.2. and S1075.3. 4. Defendant also raises the defense of exemption of property or immunity. Many of the items requested by Plaintiff are jointly titled or are the separate property of Defendant. 5. Plaintiff has failed to comply with Pa.R.Civ.Pro. SI073.1(a)(2) in that the property has not been valued. 5. Plaintiff has also failed to provide a personal verification pursuant to Pa.R.Civ.Pro. SI073.1(b). Document #: 238155,1 WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed and judgment entered in favor of Defendant. Respectfully Submitted, Date: , GY METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ~V- Steven P. Miner, Esquire Attorney I.D. No. 38901 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 By Document #: 238155.1 Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA B. CONRARDY, v. : NO. 02-3109 JACOB A. SUT A, : CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE t"'~ AND NOW, this ~ day of Metzger, Wickersham, Knauss & Erb, P.c., omeys for foregoing docwnent this day by depositing the same in Harrisburg, Pennsylvania, addressed to: , 2002, I, Steven P. Miner, Esq., of efendant, hereby certify that I served the e United States mail, postage prepaid, in B. Conrardy 18493 Amberson Road Spring Run, P A 17262 BY: Steve ~ Document #: 238/55,/ (') 0 0 C I'V "'11 s: '- ..1 "'1J l7J C rn[', ~ 2:1' , 0S~: a, -.........., < l ,- -d ):.(~ ::'1: .-'1 1:;; z- ~::-~ ,.,.. --C; r'J ).:=;; r,-i J>C:: '-' --j .r.:_ "'0 ?" -../ :0 -( eJl -< :8. CO/IJr<ft'~D '1/ Plain-11';; LN 1Ht;; COt..l.~"" OF COMMa^, PL6f1S eJF Cu fVl8Qet..tl1olD ~OIlNTYI pENfliS'IL. U fI/lJ;/1 VS. No. 02- Cf ViL :TAeo6 If. .sUTft C;V;L :DiVis.ioN 41 SHlr1;>Y Ri>, NewBtU<.(j/ .])ef e....A.a-."t' eo/'l1 PI....ftifVT IIIl RL:::' Pi..eov iN - fiND NOw c..OYl1es Plo.l.ntiff 13. 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(frov-ic1ecP b,j ;;D~~J: t" PI o1..,d-i ff r"'ema..c..ttS oa('eefl1~ wi'(t. bat- wishes ail ~ f"e-wLov-o.Q ~ cmlllnJ fo COIL +[nue fo ~ de fe,.,t J. cui- 0""- cll.s rcJ'kg not? - ~(fcJ hi. t::t~s h 17l..k 0... V"~a...S0v1. ~ -f7 rr€ ~, .$ ee-ie. O-i'- (f('Of~ , ~(cJ.C't.. LV H ~flE FO~tl PLo...i.rd-i'rf rf'{"lUJ S -rC.s. --!fo,..o'{",,-Ioh. Ccu<<r ()Jill eVl.+-eJ2.. tJ...r... 6~Je(' cLre.c.i-il'1d- P/~H-ff;' if'JV{!}fer-~ he r-e fu((NE::'I;) I -ri Mt;;:L. Y II u...OuJA-lUct (O /2CMOfl c: .s-fl-IY/ e-) tMI L- a.. $€777.L/VI€ N T of d}is,o cJ ( ~ C> P!20P fiZ""'y/ 11,AJJ:) o,q)~ No P/<-oPt:l2-7y pC ~tc(--4-i(\)e=1) AJote- Zh'..J.oeoYb-'7:>. ~o1t: 28 rt.~(JO.:l. 1<e:s f' :tc-{fu 1/, ~j, ,..;,-jf-e1l.. J y6 {'7 oh0-<th-oj. -So CoY! ('a.r~ I pev- $e PIa.i..f'I-h'fT Ke : ---n, . 0'2. - 3 J 0 <3 C0~ / /k:r/rm - ~ d3, COV\~(W'~ r r?1 ~ H~ V. f o.-co~ A. Sui-a- J ~4 c~ Zv.. ~J~ ~~vn~ 1- ~~ f j(oT7cE' ~ ~ J...~ r~ 2~/ 2oo~ J) cet~ ~ ~ r~ Zoo z.. 0n. t'~ '2-,2-002 J ..s4 ~~~ ~ fo gv+o- a.r.Q ~ Ia>>JF" .s~ p, ~~ ~ MJ-~'i.r/ {)J, Jz-~ ~. &+t:. ~ Y'~'+~ cd:lu:i: -h, f(fO&~ .s;~~ old1.~. 6~ i- t(l.L ~ r~~ .~ a-::Jvt-o ~t. ~ . 7<espWJu/J <5Ub~~1 yf (J,.,,~L -;;;:::;';fd- . () c: $: -OeD mrl'; Z"", z-C C/?', r~;':: -, ~~. .:-.., -< a N C- c= ,- o " ::! 1':,:':' 1~~ :--,-, '.:.,- ~T"1 }c") :~~ t'n ~~ 'jJ -< co r'\.....; :n r...,) . Complet,;' Items 1, 2, and 3, Also complete item 4 if R8stricted Deiivery is desired, . Print your name and address on the reverse so that we can return the card to you, . Attach this card to the back of the mail piece, or on the front if space permits. 1, Article Addressed to: Md~Ef2. iJ.,Jic..kel/''s'ho..W\ , ftlTAJ' .;;;;5{~verJ? jV1,JJd!..- ~2/~~ ;Gr~S~ ~<l1--"'Y;ShC5 rpA) ( -=f //0 - (J 3C':C C. Signature x D. Is delivery addre different from item 1? If YES, enter delivery address below: 3. Service Type (!-Certified Maii o Registered o Insured Mail o Agent o Addressee DYes o No o Express Mail o Return Receipt !Dr Merchandise o C,O,D, 4. Restricted Delivery? (Extra Fee) Domestic Return Receipt DYes 10259S.99-M-1789 UNITED STATES POSTAL SERVICE III/II First-Class Mail Postage & '-ees Paid USPS Permit No, G-10 · Sender: Please print your name, address, and ZIP+4 in this box. :B CoYWCU<~ I ~4'j 3 Ambe.rsa,., Ro~ d I"'n~'~,.,) PIl /1 2 t:, Z 1111/ 1I11111lllld 1!l111111I h II t SENDER: COMPLETE THIS SECTION . Complete items 1, 2, and 3, Also complete item 4 if Restricted Deiivery is desired, . Print your name and address on the reverse so that we can return the card to you, . Attach this card to the back of the mailpiece, or on the front if space permits, 1, Article Addressed to: "J'"Ae..o6 A. -xarA 4/ -8 h-ll-o 'tG>~ V\~8 pA 1't2ijO D, ivery address different from item 1? ES, enter delivery address below: 3. Service Type 18' Certified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise o C,O,D. 4, Restricted Delivery? (Extra Fee) 2, Article Number (Copy from service label) 1 b 99 3220 'c:C09 .If "9 z S-y.q<f PS Form 3811, July 1999 Domestic Return Receipt DYes 102595w99-M.1789 JII/1:- ( + · Sender: Please print y~u~dress. anilip';4Jn~-oo' .' ..m. C=t\.1C ~'-f&A- I '? Jf0 3 r-h-v.. beX'.s 0... 0pf'i~ ~ r), 'PI} 1",.(f/,I'"',',l1'"IJ.1,, I, f1 'ReoJl rf 2hZ ~ ~ 'll:.. ~ " 't-.! 0? ~ ~ 1~ ~ o ~ ~~ ~ ...., .:; -\:, -. B o r,;; <:.' ""t.1('r; Q] ~_..~ "":~ - iJj ~~'-' -< ,.., ~:~ l; ):~(_., ~~~ ~ . .~ c') r'J ~ C) "h ;-J ;-n o :"'\...l Co .-e :.:'P: (:) -'-, ;o",} :r] ',,0 urn );! :u -:; ':,,) c::> Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA B. CONRARDY, v. NO. 02-3109 JACOB A. SUTA, CIVIL ACTION - LAW Defendant PRAECIPE TO WITHDRAW APPEARANCE To the Prothonotary: Please withdraw my appearance in the above-captioned matter. METZER, WICKERSHAM, KNAUSS & ERB, P.C, Dated: f,/tt/OY' BY: Steven P. Miner, Esquire Attorney lD. No. 38901 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 ~A- PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance on behalf of the Defendant, Jacob A. Suta. WEIGLE & ASSOCIATES, P.C. Dated: g I f ~J V J- By: --u:/ -I..- Richard L. Webber, Jr., Es Attorney ill #49634 126 East King Street Shippensburg, PA 17257 (717)532-7388 o c <" -0 CO (iJ fT1 Z::t :Z:C 0). ,c ~;::.: ;<'- >r-, -~,... ">-::" L._ ( \ >c ~ -, ':::) 1".......'1 :0- ,- ~."') c,. 2':'?': o :J1 ":'"":".1 _...~.... .c;::;.., ~, -< B. CONRARDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.02-3109 JACOB A. SUT A, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED NOTICE TO PLEAD To: Richard L. Webber, Jr., Esquire You are hereby notified to file a written response to the enclosed Amended Complaint within twenty (20) days from service hereof or a judgement may be entered against you. Mark F. Bayl , squire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Plaintiff Dated: c; ~ Z 0 - 02- B. CONRARDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.02-3109 JACOB A. SUT A, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED AMENDED COMPLAINT AND NOW, cornes Plaintiff, B. Comardy by her attorney, Mark F. Bayley, Esquire, and in support of her Complaint avers as follows: I. Plaintiff, B. COlll'ardy, is an adult individual residing at 18493 Amberson Road, Spring Run, Pa 17262. 2. Defendant, Jacob A. Suta, is an adult individual residing at 41 Shady Road, Newburg, Pa 17240. 3. Plaintiff and Defendant lived together in a romantic relationship for approximately 10 Y, months at Defendant's residence. 4. Plaintiff brought various items of personal property with her to Defendant's residence. 5. Plaintiff purchased various items of personal property while living with Defendant. 6. On or about May12, 2002, Defendant ordered Plaintiff to leave his residence immediately. 7. Plaintiff was forced to leave rnost of her possessions and property at Defendant's residence. 8. To date, Defendant has refused to return items belonging to Plaintiff and has refused to compensate Plaintifffor jointly purchased property. 9. On or about June 28, 2002, Plaintiff filed a Complaint in Replevin without aid of counsel. 10. On or about July 15,2002, Defendant filed Prelirninary Objections to Plaintiff's Complaint. 11. On or about, July 18,2002, Defendant's counsel agreed with Plaintiff's newly retained Counsel, Mark F. Bayley, Esquire, to extend the deadline for Plaintiff to file an Amended Complaint to sixty (60) days. COUNT I REPLEVIN 12. Previous paragraphs incorporated by reference. 13. Plaintiff seeks to recover possession of the following personal property that she purchased while living with Defendant at his residence: (a). Bedding purchased by Plaintifffor approximately $125.00. (b). Vacuum cleaner purchased by Plaintiff for approximately $108.00. 2 (c). Sears rnower and bag attachment purchased by Plaintiff for approxirnately $3,300. (d). Stock trailer purchased by Plaintiff for approximately $3,000.00 (not including taxes and insurance). (e). Hay elevator purchased by Plaintiff for approximately $150.00. (t). Landscape plants purchased by Plaintifffor approximately $6,000.00. (g). Water trough purchased by Plaintifffor approximately $54.00. (h). John Deere tractor and loader jointly purchased by Plaintiff and Defendant for approximately $26,500.00. (i). Bed jointly purchased by Plaintiff and Defendant for approximately $1000.00. (j). Trimmer jointly purchased by Plaintiff and Defendant for approximately $256.00.00. (k) Asparagus plants jointly purchased for approximately $100.00. (I) Twenty five cent (25~) collection of state quarters worth approximately $150.00. (m) Any and all other property that Plaintiff purchased while living with Defendant. ] 4. Plaintiff seeks to recover possession of the following persona] property that she brought with her onto Defendant's property: 3 (a) Materials located in the loafing shed including hay hook, cabinets, garden supplies, 2" x 4" lumber, stoves, wash tubs, cart, 2 'h ton car jack, and pressure washer. (b) Materials in the house including clear plastic sheet, 4" x 6" paint brushes, Polaris pool cleaner, bucket of chlorine, paint, pool equipment, books, and garden hoses. (c) Survival gear and two foam protection bars located in Defendant's truck. (d) Two bug bombs located in garden shed. (e) 1" x 3" lumber and frames located in driveway. (f) The following items located around the property: Flatbed trailer, planters, bird house and feeder, sleigh, BBQ and propane tank and GMC Box truck. (g) Concrete finishing hand tools and chalk line tool located in tool shed. (h) The following items located in the carriage house: paint, packed boxes from previous move, lumber, brick, scrap frame lumber, plywood, posts, hand well pump, anvil, garden cart frame, laundry sink, tile saw, and chop saw. (i) The following items located in the parking shed: Buick, tow dolly, and chandeliers. (j) The following items located in the barn: packed boxes from previous move, furniture, wooden steps, tools, church pew, drill press, planters, sewing rnachine, 4 toilets, chicken wire, kegs, refrigerator, television set, VCR, rugs, and crafts. (k) The following items located in the pool area: planters, garden hose, table and two chairs. (I) Cans of paint located in Defendant's basement worth approximately $1,000.00. (m) Twenty (20) cinder blocks. (n) Any and all other property belonging to Plaintiff that remains on Defendant's residence. WHEREFORE, Plaintiff demands judgement in replevin in her favor and against the Defendant for the following items which, with value added together, are in excess of arbitration limits: (a) the possession and delivery of all the above-itemized property; or (b) the value of the property with interest to the date of trial, in case possession and delivery cannot be had, being a sum to be determined at trial; and (c) any and all other relief which this Court deems appropriate. COUNT II CONVERSION In the alternative, Plaintiff pleads the following: 15. Previous paragraphs are incorporated by reference. 5 16. This Count is brought in the alternative to the relief sought in Count I. 17. At all relevant times, Plaintiff was the owner and entitled to the immediate possession ofthe property. 18. The property was kept at the Defendant's residence. 19. In May of2002, Defendant unlawfully and wrongfully took possession of Plaintiffs personal property listed in paragraphs 13 and 14 and converted it to his own use. 20. The Defendant, on demand of the Plaintiff, has refused to deliver the goods to the Plaintiff, and has ever since refused to do so, and has unlawfully converted the same to his own use. 21. The value of Plaintiff s property converted by the Defendant is to be determined at trial. WHEREFORE, in the alternative, Plaintiff demands judgement in conversion in her favor and against Defendant for the value of her personal property, to be determined at trial, and for such other relief as the court deems necessary. COUNT III PUNITIVE DAMAGES 22. Previous paragraphs are incorporated by reference. 23. Defendant, at all times relevant and material to this matter, has acted in bad faith and with the intent to exercise unlawful control over Plaintiff's personal property. 6 24. Defendant's conduct in this matter has been and continues to be wanton and outrageous. 25. On information and belief, Defendant intends to deprive Plaintiff of her personal property. WHEREFORE, Plaintiff demands that this Court enter judgement in her favor and against the Defendant for: (a) Punitive damages, attorney's fees, and costs in excess of arbitration limits; and (b) Such other relief as the court deems just and proper. Respectfully submitted, ROMINGER & BAYLEY cr- Z 0-02.... Mark F. Bayl , squire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Plaintiff 7 VERIFICATION I verifY that the statements made in this amended complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Date: / T J1r-. 2a>:z. 2 f1~11 B. CONRARDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO.02-3109 JACOB A. SUTA, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Mark F, Bayley, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Amended Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Richard L. Webber, Jr., Esquire 126 East King Street Shippensburg, P A 17257 Dated ~ - 2 ~ - 02.- Mark F. Bayley, squire Attorney for Plaintiff (") ~ ::om (!]ri: 2::0 &;C;:;: -<"'c~' k- ~o ~g ~ ~ CJ 1'V (/) ,...., " N (..j (') ."n 'Tl j, l~ -,8 :"'J (j'-' -..0 -r' ..,-, .~- .fl ~('5 ~'m ~ ?D -< -0 :r. N -I IIDA VE\SHARE\2002\RichWlSuta, Jacob #9625\Answer, New Matter and Counterclaim IO-02,doc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA B. CONRARDY, Plaintiff Civil Action - Law v. No. 02-3109 JACOB A. SUT A, Defendant JURY TRIAL DEMANDED NOTICE TO: B. Conrardy 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 judgement 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 Defendants. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Page I ofl7 WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET _ SHIPPENSBURG. PA 17257-1397 ,,- -- ---..._--_._-_.._-~~~._---_.- \\DA VE\SHARE\2002\RichW\Suta, Jacoh #9625\Answer, New Matter and Counterclaim IO-02,doc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA B. CONRARDY, Civil Action - Law Plaintiff v. No. 02-3109 JACOB A. SUT A, Defendant JURY TRIAL DEMANDED ANSWER TO AMENDED COMPLAINT, NEW MATTER, AND COUNTERCLAIM AND NOW comes the Defendant, Jacob A. Suta, and files this Answer and New Matter, averring the following: ANSWER CAUSE OF ACTION - CONTRACT 1. Admitted. 2. Admitted. 3. Admitted. By way of further response, Plaintiff resided with Defendant from May 2001 to October 2001, during which time Defendant requested on five (5) occasions that Plaintiff vacate the prernises. Plaintiff vacated in October 2001. In December, 2001, Plaintiff asked to stay temporarily for two (2) days. She stayed until June 3, 2002, in spite of approximately five (5) additional requests to locate made by Defendant during that time period. 4. Admitted. 5. Admitted. 6. Denied. Defendant served Plaintiff with a notice to vacate on May 19, 2002, not May 12,2001. The notice provided that Plaintiff was to vacate by May 31, 2002. By way of Page3of]7 WEIGLE & ASSOCIATES. RC. - ATTORNEVS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 \IDA VE\SHARE\2002IRichWISuta, Jacob #9625\Answer, New Matter and Counterclaim IO-02,doc further response, this notice directed Plaintiff to remove all of her iterns of personal property by June 30, 2002. 7. Denied. Plaintiff and Defendant agreed that Plaintiff was to remove her items of personal property. Defendant removed some of her items; however, she also removed some of Defendant's items without authorization. 8. Admitted in part and denied in part. It is admitted that Defendant has refused to compensate Plaintiff for jointly purchased property, for reasons stated in the New Matter and Counterclaim below, the same being incorporated by reference herein. It is denied that Defendant refuses to return Plaintiffs items. Defendant has no need for Plaintiffs personal property, and requested on numerous occasions that Plaintiff remove these items. 9. Adrnitted. 10. Admitted. 11. Admitted. COUNT I REPLEVIN 12. No response is required. 13. It is admitted that Plaintiff seeks to recover possession of the items listed. It is denied that Plaintiff is entitled to recover these items, for reasons stated below and in the New Matter and Counterclaim, the same being incorporated by reference herein. Defendant further responds to Plaintiffs averments as follows: a. It is admitted that Plaintiff purchased bedding III September 2001 for $125.00. It is denied that the bedding is presently worth $125.00. Page 4 of 17 WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 \IDA VEISHARE\2002IRich WISuta, Jacoh #9625IAnswer, New Matter and Counterclaim IO-02.doc b, It is admitted that vacuum cleaner was purchased for $108.00. It is denied that Plaintiff is the sole owner. Defendant reirnbursed Plaintiff for one-half of the purchase price. c. It is admitted that Plaintiff purchased the Sears mower and bag attachment. It IS denied that the purchase price was $3,300.00. To the contrary, the purchase price was approximately $2,800.00. It is denied that it is presently worth $3,300.00 at this time. It is denied that Plaintiff has any rights to the mower. Said rnower was given to Defendant in exchange for rent for barn storage. d. It is admitted that Plaintiff purchased the stock trailer for approximately $3,000.00. It is denied that she is the sole owner of the stock trailer. The stock trailer was given to Defendant in exchange for rent for barn storage, although both names remain on the certificate of title. e. Admitted. f. It is admitted that Plaintiff planted some landscaping items. It is denied that the purchase price was $6,000.00, and strict proof to the contrary is demanded at trial. It is denied that Defendant is liable to Plaintiff for any cost associated with the landscaping. Any implication that Defendant requested that Plaintiff plant these items and/or that the landscaping benefited Defendant is hereby denied. g. Adrnitted. h. Admitted in part and denied in part. Defendant contributed $14,000.00 towards the purchase price, and Plaintiff contributed $12,500.00. Plaintiff therefore has a $47.40 interest in the tractor. The present fair rnarket value of the tractor is $19,000.00. Page 5 of17 WEIGLE & ASSOCIATES. RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 \IDA VE\SHARE\2002\RichWlSuta, Jacob #9625\Answer, New Matter and Counterclaim IO-02,doc 1. It is admitted that Plaintiff and Defendant jointly purchased a box spring and mattress, not a bed, and that the purchase price was $1,000.00. It is denied that the present value of these iterns is $1,000.00. J. Denied. The trimmer was purchased solely by Plaintiff, however, Defendant reimbursed Plaintiff for one-half of the purchase price. It was credited towards barn storage owned by Plaintiff. k. Admitted. 1. It is admitted that there was a collection of state quarters located at Defendant's residence. It is denied that the quarters are valued at $150.00, and strict proof of the contrary is demanded at trial. m. It is denied that there are other items of property purchased by Plaintiff while residing at Defendant's property that are presently located at Defendant's residence, and strict proof to the contrary is dernanded at trial. 14. It is admitted that Plaintiff seeks to recover possession of the items listed. It is denied that Plaintiff is entitled to recover these iterns for reasons stated below and in the New Matter and Counterclaim below, the same being incorporated by reference herein. Defendant further responds to Plaintiff's averments as follows: a. Admitted. b. Denied, except that there is one book entitled "Atilla" that is jointly owned. Admitted. d. Denied. Defendant purchased the bug bombs. c. Page 6 of 17 WEIGLE & ASSOCIATES. RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 \IDA VE\SHARE\2002\Rich W\Suta, Jacob #9625\Answer, New Matter and Counterclaim 10-02,doc e. Denied. There are no such items, and strict proof to the contrary is demanded at trial. f. It is admitted that Plaintiff purchased said items. It is denied that Plaintiff is entitled to receive the flatbed trailer. To the contrary, it was given to Defendant in exchange for tlrree months' rent for barn storage. With respect to the GMC truck, Defendant has requested that Plaintiff remove it from Defendant's property by June 28, 2002. g. It is denied that Plaintiff purchased the said tools. Defendant purchased said tools. h. It is admitted that those iterns are located in the carriage house. It is denied that Defendant purchased the hand well pump. 1. Admitted. J. Adrnitted. k. Denied. All such items were previously removed by Plaintiff. I. It is admitted that there are cans of paint owned by Plaintiff that are located in Defendant's basement. It is denied that Plaintiffs paint is worth $1,000.00, and strict proof to the contrary is dernanded at trial. rn. It is denied that Plaintiff purchased any cinder blocks, and strict proof to the contrary is demanded at trial. n. It is denied that there are any other items belonging to Plaintiff that she brought with her that rernain on Defendant's residence. WHEREFORE, Defendant respectfully requests judgrnent III his favor and against Defendant. Page7of17 WEIGLE & ASSOCIATES. P.c. - ATTORNEVS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 IIDA VEISHARE\20021Rich WISuta, Jacob #9625lAnswer, New Malter and Counterclaim IO-02,doc CONVERSION 15. No response is required. 16. No response is required. 17. Adrnitted in part and denied in part as set forth above in Paragraph 13 and 14, the same being incorporated by reference herein. 18. Admitted in part and denied in part, as set forth above. 19. Denied. To the contrary, Defendant requested on numerous occasions that Plaintiff remove her items of personal property. 20. Denied, for reasons stated in Paragraph 19 above. 21. It is denied that Defendant "converted" any of Plaintiffs property. No other response is required with respect to the remaining averments. WHEREFORE, Defendant respectfully requests judgment III his favor and against Defendant. COUNT III PUNITIVE DAMAGES 22. No response is required. 23. Denied. At no tirne relevant hereto did Defendant act in bad faith and/or with intent to exercise unlawful control over Plaintiffs personal property. 24. Denied. At no time relevant hereto has Defendant's conduct been wanton and/or outrageous. Page 8 of]7 WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 \\DA VE\SHARE\2002\RichWlSuta, Jacoh #9625\Answer, New Matter and Counterclaim IO-02,doc 25. Denied. Defendant has requested on numerous occasions that Plaintiff rernove her items of personal property. WHEREFORE, Defendant respectfully requests judgment in his favor and against Plaintiff, together with reasonable costs and other appropriate relief. NEW MATTER 26. Paragraphs 1 through 25 of Defendant's Answer are incorporated herein by reference as though set forth in full. 27. On or about May 19, 2002, Defendant served Plaintiff with a letter directing that Plaintiff vacate Defendant's property. 28. Defendant's letter further directed Plaintiff to remove her items of personal property from Defendant's residence and the surrounding premises by June 30, 2002. 29. Plaintiff vacated Defendant's property on June 3, 2002. 30. Plaintifffailed to remove all of her items of personal property by June 30, 2002. 31. Plaintiffreturned on June 9, 2002 and June 13,2002 to remove her items of personal property. In the course of removing her items, Plaintiff began to remove Defendant's items of personal property, without authorization by Defendant. 32. Defendant, therefore, demanded that Plaintiff refrain from removmg any further items until such time as satisfactory arrangements could be made. 33. Plaintiff failed to remove her items of personal property in accordance with the letter dated May 19,2002. 34. Plaintiff failed to rernove her iterns of personal property in a tirnely manner. Page 9 of 17 WEIGLE & ASSOCIATES. P.C - ATTORNEVS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 \\DA VE\SHARE\2002\RichW\Suta, Jacob #9625\Answer, New Matter and Counterclaim IO-02,doc 35. Plaintiff has waived any clairn to iterns of personal property due to her failure to remove the iterns in a timely manner. WHEREFORE, Defendant requests that judgment be entered III his favor and against Plaintiff, together with reasonable costs and other appropriate relief. COUNTERCLAIM JACOB A. SUT A v. B. CONRARDY AND NOW comes the Defendant, Jacob A. Suta and files the Counterclaim against the Plaintiff, B. Conrardy averring the following: 36. Defendant, Jacob A. Suta, is an adult individual residing at 41 Shady Lane, Newburg, Pennsylvania 17240. 37. Plaintiff B. Conrardy IS an adult individual residing at 18493 Amberson Road, Spring Run, P A 17262. COUNT I BREACH OF CONTRACT 38. Paragraphs 1 through 37 above are incorporated by reference herein as through set forth in full. 39. Plaintiff and Defendant verbally agreed that Plaintiff would pay Defendant the sum of$350.00 per rnonth for the use of Defendant's barn for storage. 40. Plaintiff used the barn for storage frorn May 15, 1999 through June 30, 2002. 41. The total sum for barn storage is $13,125.00. Page 100fl7 WEIGLE & ASSOCIATES. P.c. - ATTORNEVS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 IIDA VEISHARE\20021RichWISuta, Jacob #9625IAnswer, New Matter and Counterclaim IO-02,doc 42. Plaintiff has paid and/or received credit for the total sum of $1350.00 toward barn storage. 43. The amount owed for barn storage by Plaintiff to Defendant is therefore $11,775.00. 44. Plaintiff and Defendant verbally agreed that Plaintiff would pay Defendant for long distance telephone charges and cellular phone charges. 45. Plaintiff incurred long distance charges and cellular phone charges totaling $1628.1 0 while residing with Defendant. 46. To date, Plaintiff has not paid Defendant for any telephone charges. 47. Plaintiff owes Defendant a remaining balance of $641.64 with respect to a check in the amount of $1000.00 that was issued on October 18, 2001. 48. Plaintiff owes Defendant the following sums, all of which Plaintiff verbally agreed to pay Defendant: Total $512.44 $ 27.00 $ 18.68 $150.00 $708.12 In his favor and against a. Truck repairs and dog transport b. Music CD c. Grocery bill from Giant Food in Harrisburg d. Private investigator WHEREFORE, Defendant demands that judgment be entered Plaintiff on Defendant's counterclaim in the amount of $14,752.86 together with court costs and fees, or that in the event that Plaintiff has judgment against the Defendant on Plaintiffs cause of action, that Plaintiffs judgment be set off to the extent that Plaintiffs judgment exceeds Defendant's recovery on his claim. Page II of!7 WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 IIDA VEISHARE\2002IRichWlSuta, Jacob #962SIAnswer, New Matter and Counterclaim 10-02,doc COUNT II REPLEVIN 49. The prior paragraphs are incorporated by reference herein as though set forth in full. 50. The following personal property that is owned by Defendant and presently in Plaintiff s possession: a. Farm folder b. Other documents c. Lamp shade - Lavender Lamp d. Bathroom scale e. Five (5) sets of J.C. Penney towels including bath, hand, and wash cloth f. Older towels (7 sets) g. TV dinner stands h. Hamburger press 1. One-half (1 /2) bushel plastic basket J. Two (2) Mahogany end tables k. Garden pruning shears 1. New 16-ounce wooden handle claw hammer rn. Any other items of personal property owned by Defendant that are m Plaintiffs possession. 51. Plaintiff removed said items from Defendant's residence without his knowledge and consent. WHEREFORE, Defendant dernands judgment m replevin m his favor and against the Plaintiff for the following items: a. The possession and delivery of all the above-itemized property; or b. The value of the property with interest to the date of trial, in case possession and delivery cannot be had, being a sum to be determined at trial; and c. Any and all other relief which this Court deems appropriate. Page 12 of 17 WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 \\DA VE\SHARE\2002\RichW\Suta, Jacob #9625\Answer, New Matter and Counterclaim 10-02,doc COUNT III CONVERSION In the alternative to Count II above, Plaintiff pleads the following: 52. The previous paragraphs are incorporated by reference. 53. At all relevant times, Defendant was the owner and entitled to the immediate possession of the personal property listed in paragraph 5 above. 54. The property was kept at the Defendant's residence. 55. In June of 2002, Plaintiff unlawfully and wrongfully took possession of Plaintiffs personal property listed in paragraph 51 and converted it to her own use. 56. The Plaintiff, on demand of the Defendant, has refused to deliver the items to Defendant, and has unlawfully converted the same to her own use. 57. The value of Defendants property converted by the Plaintiff is to be determined at trial. WHEREFORE, in the alternative, Defendant demands judgement in conversion in his favor and against Plaintiff for the value of her personal property, to be determined at trial, and for such other relief as the court deerns necessary. COUNT IV PUNITIVE DAMAGES 58. The previous paragraphs are incorporated by reference. 59. Plaintiff, at all times relevant and rnaterial to this rnatter, has acted in bad faith and with the intent to exercise unlawful control over Defendant's personal property. Page13of17 WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 IIDA VEISHARE\20021RichWlSuta, Jacob #962SlAnswer, New Matter and Counterclaim IO-02,doc 60. Plaintiffs conduct in this matter has been and continues to be wanton and outrageous. 61. Plaintiff intends to deprive Defendant of his personal property. WHEREFORE, Defendant dernands that this Court enter judgement in his favor and against the Plaintiff for: (a) Punitive darnages, attorney's fees, and costs; and (b) Such other relief as the court deems just and proper COUNT V PARTITION OF PERSONAL PROPERTY The prior paragraphs are incorporated by reference herein as though set forth in full. 62. Plaintiff and Defendant are the joint owners of a Stock Trailer as evidenced by a certificate of title. 63. Plaintiff and Defendant are not married. 64. The Stock Trailer is not owned by Plaintiff and Defendant as "partners" as defined by Pennsylvania law. 65. The Stock Trailer is unencumbered. 66. Defendant desires that title be transferred in his name. 67. The parties have been unable to arrive at a satisfactory arrangement for the amicable disposition of the Stock Trailer. WHEREFORE, Defendant respectfully requests that: a. The Court order and decree that the above-described Stock Trailer be transferred to the Defendant to be credited towards any judgment awarded to Defendant; and Page 14 of 17 WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 IIDA VEISHARE\2002IRichWISuta, Jacob #9625\Answer, New Matter and Counterclaim IO-02,doc b. The Court grant such other and further relief as may be deemed necessary and proper. COUNT VI UNJUST ENRICHMENT 68. The prior paragraphs are incorporated by reference herein. 69. On or about May 15,2001, Plaintiff began residing at Defendants residence. 70. Defendant informed Plaintiff that she would be charged rent. 71. Plaintiff resided at Defendant's residence for a total of 10 months. 72. P1aintiffresided at Defendant's residence with knowledge and acquiescence that she would be charged rent. 73. The fair rental value for Plaintiff to occupy the residence is $300.00 per month. 74. and owing. Plaintiff has refused to pay Defendant any rnonies for rent, although the same is due 75. Injustice can only be avoided by requiring Plaintiff to pay Defendant the sum of $3000.00 for rent. 76. While residing at Defendant's residence, Plaintiff benefited from varlOUS utility services provided by Defendant. 77. Defendant expended the following sums for various utility bill: (a) Coal $610.00 (b) Oil $236.97 (c) Phone $520.34 (d) Electric $739.00 Total $2106.31 78. Plaintiffresided at Defendant's residence with full knowledge and acquiescence that she would be charged for one-half ofthe utility bills. 79. Injustice can only be avoided by requiring Plaintiff to pay Defendant $1053.15, being one-half of the total utility bills. Page 150fl7 WEIGLE & ASSOCIATES, RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 \IDA VE\SHAREI2002\Rich WlSula, Jacob #9625\Answer, New Matter and Counterclaim IO-02,doc 80. 2000. 81. 82. pay. 83. dogs. At Plaintiffs request, Defendant cared for Plaintiffs dogs from June 1999 to March The fair value for care of the dogs is $5940.00. Defendant has demanded payment for care of the dogs, which Plaintiff refuses to Injustice can be avoided only if Plaintiff pays Defendant $5940.00 for care of the 84. Plaintiffs Buick automobile and Plaintiffs GMC Truck remain on Defendants property in spite of an agreernent reached by the parties that Plaintiff would remove the Buick by June 13,2002 and the GMC Truck by June 28, 2002.. 85. The reasonable value for storage of said vehicles is $10.00 per day, per vehicle. 86. The balance owed for vehicle storage is therefore $2400.00. 87. Injustice can be avoided only if Plaintiff pays Defendant the sum of $2400.00 for vehicle storage. WHEREFORE, Defendant respectfully requests judgment in his favor and against Plaintiff in the amount of $12,393.15, plus vehicle storage at $10.00 per day per vehicle from October 19, 2002 plus costs and other appropriate relief. WEIGLE & ASSOCIATES, P.C. By: ~/~~ Richard 1. Webber, Jr., Es . e J.D. No. 49634 126 East King Street Shippensburg, P A 17257 (717) 532-7388 Attorney for Defendant Page 160fl7 WEIGLE & ASSOCIATES, Re. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 IIDA VEISHARE\2002IRichWlSuta, Jacob #9625\Answer, New Matter and Counterclaim 10-02,doc VERIFICATION I verify that the statements made in this Answer, New Matter and Counterclaim are true and correct. I understand that false statements herein are rnade subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: /0 Ii 8/ () z, ( I Page 17 of 17 WEIGLE & ASSOCIATES. P.c. - ATTORNEVS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA B. CONRARDY, Civil Action - Law Plaintiff v. No. 02-3109 JACOB A. SUT A, Defendant JURY TRIAL CERTIFICATE OF SERVICE I, Richard L. Webber, Jr. Esquire, attorney for Defendant, do hereby certify that I this'day served a copy of the Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Shippensburg, Pennsylvania, addressed as follows: Mark F. Bayley, Esquire Rominger & Bayley 155 South Hanover Street Carlisle, P A 17013 Dated: /<=>11&10} WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 o C -.:- -C} ~~ n"'"-''' " ;;: ~~;,.: CiJ' ~~ ~E~ z :2 C", ru o -"1 :.::J ~'-~) --I r,) -:J .,,-,:1"1 -_:_~;; ':.;J 1,- ,~\"~) '-r-'ll :,,-~~q (jrn -I ":r-- ~ -a J.:'" ,j;"" Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA B. CONRARDY, v. : NO. 02-3109 JACOB A. SUT A, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM AND NOW, comes the Plaintiff, by and through her attorney, Mark F. Bayley, Esquire, and files this Answer to Defendant's New Matter and Counterclaim, averring as follows: 26. No response is required. 27. Admitted. 28. Admitted in part and denied in part. It is admitted that Defendant's letter directed Plaintiff to remove items from the property by June 30, 2002; it is denied that it was Defendant's intent to allow Plaintiff to do so. 29. Admitted. 30. Denied. Plaintiff was not permitted by Defendant to remove all of her items of personal property by June 30, 2002. 31. Admitted in part and denied in part. It is admitted that Plaintiff returned on June 9,2002 and removed only the items Defendant handed her. It is admitted that Plaintiff returned on June 13,2002 and was not permitted to take anything but a stock trailer. It is denied that Plaintiff removed Defendant's items without authorization by Defendant. 32. Admitted in part and denied in part. It is admitted that Defendant demanded that Plaintiff refrain from removing any further items. It is denied that Defendant intended to release items upon "satisfactory arrangements" being made. 33. Denied. Plaintiff was not permitted by Defendant to remove her items ofpersonal property in accordance with the letter dated May 19, 2002. 34. Denied. Plaintiff was not permitted by Defendant to remove her items of personal property in a timely manner. 35. Legal conclusion; no response is required. 36. Admitted. 37. Admitted. 38. No response is required. 39. Denied. 40. Admitted. 41. Denied. 42. Denied. 43. Denied. 44. Denied. 45. Denied. 46. Denied. Plaintiff paid half ofthe home phone bills from December of2001 through to May of2002. 47. Denied. 48. (a) Denied. (b) Denied. (c) Denied. PIaintiffpreviously paid Defendant for the grocery bill from Giant Food in Harrisburg. (d) Denied. 49. No response is required. 50. a. Denied. b. Denied. c. Denied. d. Denied. e. Denied. f Denied. g. Denied. h. Denied. I. Admitted. J. Denied. k. Denied. 1. Denied. m. Denied. 51. Denied. Defendant handed Plaintiff the one-half (1/2) bushel plastic basket which contained potatoes which the parties split up; Plaintiff wishes to return the basket but has been unable due to Defendant serving her with a criminal trespass notice. 52. No response is required. 53. Denied. Plaintiff lacks sufficient knowledge regarding the truth of this averment. 54. Denied. Plaintiff lacks sufficient knowledge regarding the truth of this averment. 55. Denied. 56. Denied. Plaintiff wishes to return the basket but has been unable due to Defendant serving her with a criminal trespass notice. 57. No response is required. 58. No response is required. 59. Denied. 60. Denied. 61. Denied. 62. Denied. Plaintiff paid the full amount for the trailer plus all relating costs including Texas furm tax, Texas title fee, Pennsylvania sales tax, license and registration fees, two (2) inspection fees and two (2) years of insurance premiums. Plaintiff added Defendant to the certificate oftitle because of her beliefthat they would soon be married. 63. Legal conclusion; no response is required. 64. Legal conclusion; no response is required. 65. Admitted. 66. Admitted. 67. Admitted. 68. No response is required. 69. Admitted. 70. Denied. Defendant did not inform Plaintiff that she would be charged rent until late January of 2002. 71. Admitted. 72. Denied. Defendant did not inform Plaintiff that she would be charged rent until late January of2002. 73. Plaintiff lacks sufficient knowledge regarding the truth of this averment. 74. Denied. Plaintiff paid Defendant for rent for the months of February 2002 through May of2002. 75. Legal conclusion; no response is required. 76. Denied. Plaintiff paid half of the electric and phone bills for the months of December of2001 through June of2002. The parties agreed that the other utility services were included in her rent which she started paying in February of2002. 77. Denied. Plaintiff lacks sufficient knowledge regarding the truth ofthis averment. 78. Denied. See responses to paragraphs 72, 74 and 76. 79. Legal conclusion; no response is required. 80. Admitted. 81. Denied. 82. Admitted. 83. Legal conclusion; no response is required. 84. Admitted in part and denied in part. It is admitted that Plaintiff's Buick and GMC truck remain on Defendant's property. It is denied that Plaintiff has been provided a fair opportunity to remove the vehicles and has not been able to do so due to the Defendant serving her with a criminal trespass notice. 85. Denied. 86. Denied. 87. Legal conclusion; no response is required. WHEREFORE, Plaintiff respectfully requests judgment in her mvor, along with all relief requested in her Complaint. \l-l\-OL- Respectfully submitted, ROMINGER & BAYLEY r}VI(3 Mark F. Bayley, Esquire 155 S. Hanover St. Carlisle, PA 17013 (717) 241-6070 Supreme Court l.D.#87663 Attorney for Plaintiff B. CONRARDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-3109 JACOB A. SUT A, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED VERIFICATION I verify that the statements made in this Answer are true and correct. I Wlderstand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: cpto ~, 2()(j~ f!1 ~~ B. CONRARDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-3109 JACOB A. SUT A, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiff, do hereby certifY that I this day served a copy ofthe foregoing document upon the following by depositing the same in the United States Mail, First Class postage prepaid, addressed as follows: Richard L. Webber, Jr., Esquire 126 E. King St. Shippensburg, P A 17257 Date: -oc IVIfS Mark F. Bayley, Esquire Attorney for Plaintiff o c ~:: "'"rl f" [i~l ;-' ~... C/J [:~ 5~~ ::< -, r"' r,) ..'";:~ _.-,",:,") _,".,1 :; ~~~ ,) =-l :t; -< 1',) I'"" U1 B. CONRARDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 02-3109 JACOB A. SUT A, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this 1.. ",I ,l L day of ;.J.p rl (I , , 2003, upon consideration of the foregoing petition, it is hereby ordered that: 1. A rule is issued upon the Defendant, Jacob Suta, to show cause why the Plaintiff is not entitled to the relief requested; 2. The Defendant shall file an answer to the petition within twenty (20) days of service upon him; 3. The petition shall be decided under Pa.R.C.P. 206.7; 4. Deposition, if necessary, shall be completed within "30 days of this date; 5. Argument shall be held on ?./Yt.-L lip ,2003 at q ; o-v o'clock ~.m. in Courtroom ~ of the Cumberland County Courthouse; and 6. Notice of the entry of this order shall be provided to all parties by the Plaintiffs attorney. BY THE COURT, -Ad J. i t,i. ~ 1 ~ ~ r ~~ ~~ ~ ..~:~~~'i'$\O ).J.~\\\k . , . "i en ~1 """.\J ,.," ~,\,v o,v ..... f\ . n \,'\" ' $\J ,", 'i"~ \<\ ')"-"" \':d,:1lS:.:i-', f' "'1~\').:- B. CONRARDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-3109 JACOB A. SUT A, : CIVIL ACTION - LAW Defendant . JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this z.. ,,j ~ "1.. day of /Jp ,., (I , , 2003, upon consideration ofthe foregoing petition, it is hereby ordered that: 1. A rule is issued upon the Defendant, Jacob Suta, to show cause why the Plaintiff is pot entitled to the relief requested; 2. The Defendant shall file an answer to the petition within twenty (20) days of service upon him; 3. The petition shall be decided under Pa.R.C.P. 206.7; 4. Deposition, if necessary, shall be completed within '30 days of this date; 5. Argument shall be held on ?./YLL ltp ,2003 at q ; o-v o'clock ~.m. in Courtroom t{ of the Cumberland County Courthouse; and 6. Notice of the entry of this order shall be provided to all parties by the Plaintiffs attorney. BY THE COURT, t-Ad J. ~ t,l. ~ 1 ~ ~ i ~~ ~:f ~ (\}..c.~~~~ 0 \i\~t\ (\,~(\~~;.\I'\\\ ~-.\\'.cC) .'\" " " "'~ (\) '''.<) 0".'''' 'Ii " ,," ..v..... \). l\ \,\ ,\ ., r\ . e,.'e' \J "" );0 \.''2,,,j\(:'>'" f' -t2.\~,'\:' B. CONRARDY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLANH COUNTY, PENNSYL VANIA v. NO. 02-3109 JACOB A. SUT A, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO MOTION FOR ORDER DIRECTING DEFENDANT TO RELEASE PLAINTIFF'S PROPERTY COMES NOW, the Defendant, by and through his attorneys Richard L. Webber, Jr., Esquire, and Weigle & Associates, P.C. and in support of this motion avers as follows: 1. Admitted in part and denied in part. It is admitted that the parties had a brief romantic relationship and that they resided together for approximately 10 'l'2 months in total. It is denied that the Plaintiff vacated the premises on May 12, 2002. Plaintiff resided with Defendant until June 3, 2002. 2. Denied. Plaintiff moved from Defendant's property for the final time on June 3, 2002, after being served with a Notice to Vacate on May 19,2002. 3. Denied. The Notice to Vacate dated May 19" 2002 provided ample time and opportunity for Plaintiff to remove her belongings from Defendant's property. Defendant incorporates by reference herein his responses to Plaintiff s Amended Complaint as contained in his Answer. 4. Admitted. 5. Admitted. 6. Denied. Defendant provided Plaintiff with adequate time and opportunity to remove her personal items. In addition, many items of personalty remain in dispute, as prior pleadings indicate. 7. Admitted in part and denied in part. It is admJltted that Plaintiff requested that seven or eight boxes be returned to her. It is denied that there are eight (8) boxes which Defendant possesses. By way of further response, the allegations contained in the Motion filed on behalfby Plaintiff are not verified by her. WEIGLE & ASSOCIATES, P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 8. Denied. It is denied that the boxes contain tax and probate litigation documents. Plaintiff is not involved in current probate litigation. Plaintiffs probate litigation has been resolved. It is denied that Plaintiff needs any such information immediately. By way of further response, the allegations contained in the Motion filed on behalf of Plaintiff are not verified by her. 9. Denied. Plaintiff has continually harassed Defendant and has removed his personal items while on his property. In addition, an inventory of the contents of the boxes would need to be performed. The boxes may contain items that are of issue. There is no legal basis to support Plaintiff s Motion. Plaintiff is attempting to delay the resolution of this case. WHEREFORE, Defendant respectfully requests that thl~ Court deny Plaintiff's Motion. Date: t; (~11C'? Respectfully submitted, --L-?/L~~ ~ Richard L. Webber" ir.:-Es4uire Attorney for Defendant Attorney ID #49634 WEIGLE & ASSOCIATES, P.C. 126 East King Stret;:t Shippensburg, P A 17257 717-532-7388 WEIGLE & ASSOCIATES. RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Answer to Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. ~ 4904, relating to unsworn falsification to authorities. Dated: ~ ~ ;too 3 -4~~ JaGYA. Suta, Plamtiff () c < -rJ i:=t='i ~!.~ ~.,:' ~:~_ L, (/:l -< r" ~t J-- _...J -< ~..J .... (~ c..) :il: 'p ...-1:: 8 ~.... -~ B. CONRARDY Plaintiff : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-3109 JACOB A. SUT A, Defendant : CIVIL ACTION - LA W : JURY TRIAL DEMANDED MOTION FOR ORDER DIRECTING DEFENDANT TO PERMIT PLAINTIFF ACCESS TO PROPERTY AT ISSUE FOR DISCOVERY PURPOSES 1. On April 21, 2003, Plaintiff filed a Motion for Order Directing Defendant to Release Plaintiff's Property (attached as Exhibit "A"). 2. On April 24, 2003, the Court issued a Rule to Show Cause (attached as Exhibit "B") upon Defendant regarding Plaintiff s Motion; a Hearing for Argument on the matter was set for June 16,2003. 3. On or around May 9,2003, Defendant filed an Answer to Plaintiffs Motion (attached as Exhibit "C") in which Defendant denies having possession of various items of property mentioned in Plaintiffs Petition. 4. In order to properly prepare for Argument on June] 6, 2003, Plaintiff needs access to Defendant's property in order to ascertain what items of property are currently there and to photograph and inventory said items, if necessary. 5. A walk through of Defendant's property by Plaintiff and her counsel will cause little or no burden and/or inconvenience to Defendant. WHEREFORE, Plaintiff respectfully requests an Order directing Defendant to permit Plaintiff and her counsel access to his property for purposes of viewing, inventorying and photographing the property at issue. Respectfully submitted, ROMINGER & BAYLEY S"I:5-o~ ~ Mark F. Bayley, Esquire 155 S. Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court LD. # 87663 Attorney fi)r Plaintiff B. CONRARDY Plaintiff : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VB. NO. 02-3109 JACOB A. SUT A, Defendant CIVIL ACTION - LA W : JURY TRIAL DEMANDED VERIFICATION MARK F. BAYLEY, ESQUIRE, states that he is the attorney for B. Conrardy, in this action; that he makes this Affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: ~-lS-O-S M~~ Attorney for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA B. CONRARDY, v. NO. 02-3109 Defendant CIVIL ACTION .- LAW JURY TRIAL DF~MANDED JACOB A. SUT A, ANSWER TO MOTION FOR ORDER DIRECTING DEFENDANT TO RELEASE PLAINTIFF'S PROPERTY COMES NOW, the Defendant, by and through his attorneys Richard L. Webber, Jr., Esquire, and Weigle & Associates, P.C. and in support of this motion avers as follows: 1. Admitted in part and denied in part. It is admitted that the parties had a brief romantic relationship and that they resided together for approximately 10 Y2 months in total. It is denied that the Plaintiff vacated the premises on May 12, 2002. Plaintiff resided with Defendant until June 3, 2002. 2. Denied. Plaintiff moved from Defendant's pro:perty for the final time on June 3, 2002, after being served with a Notice to Vacate on May 19, 2002. 3. Denied. The Notice to Vacate dated May 19, 2002 provided ample time and opportunity for Plaintiff to remove her belongings from Defendant's property. Defendant incorporates by reference herein his responses to Plaintiffs Amended Complaint as contained in his Answer. WEIGLE & ASSOCIATES. p.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 8. Denied. It is.denied that the boxes contain tax and probate litigation documents. Plaintiff is not involved in current probate litigation. Plaintiff's probate litigation has been resolved. It is denied that Plaintiff needs any such information immediately. By way of further response, the allegations contained in the Motion filed on behalf of Plaintiff are not verified by her. 9. Denied. Plaintiff has continually harassed Defendant and has removed his personal items while on his property. In addition, an inventory of the contents of the boxes would need to be performed. The boxes may contain items that are of issue. There is no legal basis to support Plaintiff's Motion. Plaintiff is attempting to delay the resolution of this case. WHEREFORE, Defendant respectfully requests that the Court deny Plaintiff's Motion. Date: s- I t:-j( 0 ~ Respectfully submitted, . ~A.---.~/tJ . /J Richard L. WebbeI~~re Attorney for Defendant Attorney ID #49634 WEIGLE & ASSOCIATES, P.C. 126 East King Street Shippensburg, P A 17257 717-532-7388 WEIGLE & ASSOCIATES, RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Answer to Motion are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. ~ 4904, relating to unsworn falsification to authorities. Dated: ~i ~ d-003 ~~fP JaGYA. Suta, Plaintiff APR 2 3 2003 t B. CONRARDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3109 v. JACOB A. SUI A, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this ~l.{~ day of C}AJ , 2003, upon consideration of the foregoing petition, it is hereby ordered that: 1. A rule is issued upon the Defendant, Jacob Suta, to show cause why the Plaintiff is not entitled to the relief requested; 2. The Defendant shall file an answer to the petitiolll within twenty (20) days of service upon him; 3. The petition shall be decided under Pa.R.C.P. 206.7; 4. Deposition, if necessary, shall be completed within 30 days of this date; 5. Argument shall be held on ~ /(P , 2003 at 9: (}iJ o'clock a, .m. in Courtroom Lj of the Cumberland County Courthouse; and 6. Notice of the entry of this order shall be provided to all parties by the Plaintiffs attorney. BY THE COURT, Jil, ;;'.. PI.' j~~ Q, /~ J. ariJ TOOl 't~ i...~-;~J.>~r ~ - . . ". -~~eL~'tA F7 Frn~h~:'n~:\'~" .. EXHIBIT liB II B. CONRARDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3109 v. JACOB A. SUT A, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED RULE TO SHOW CAUSE AND NOW, this day of , 2003, upon consideration of the foregoing petition, it is hereby ordered that:: 1. A rule is issued upon the Defendant, Jacob Suta, to show cause why the Plaintiff is not entitled to the relief requested; 2. The Defendant shall file an answer to the petition within twenty (20) days of service upon him; 3. The petition shall be decided under Pa.R.C.P. 2016.7; 4. Deposition, if necessary, shall be completed within days of this date; 5. Argument shall be held on , 2003 at o'clock .m. in Courtroom of the Cumberland County Courthouse; and 6. Notice of the entry of this order shall be provided to all parties by the Plaintiffs attorney. BY THE COURT, J. - - EXHIBIT "c" B. CONRARDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COU1\fTY, PENNSYLVANIA : NO. 02-3109 v. JACOB A. SUT A, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED ORDER AND NOW, this day of , 2003, upon consideration of the foregoing petition, it is hereby ordered that: 1) Defendant immediately make available to Plaintiff her document boxes; and 2) Defendant immediately make available to Plaiintiffthe following items: BY THE COURT, J. B. CONRARDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF c\ : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-3109 JACOB A. SUT A, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED ,.......\ ( ; ~ MOTION FOR ORDER DIRECTING DEFENDANT TO RELEASE PLAINTIFF'S PROPERTY COMES NOW, the Plaintiff, by and through her privat(~ly retained attorney Mark F. Bayley, Esquire, and in support of this motion avers as follows: 1. Plaintiff lived with Defendant on his residence in. a romantic relationship for approximately ten and a half months before their separation on or about May 12, 2002. 2. On or around May 12, 2002, Defendant ousted Plaintiff from his property. 3. Because of the sudden move from Defendant's property, Plaintiff was forced to leave most of her belongings which were stored on the property. (Said belongings are listed in detail in Count 2 of Plaintiff Amended Complaint filed on or around September 23,2002 attached as exhibit "A".) 4. Plaintiff filed an Amended Civil Complaint on or around September 23, 2002 which includes counts for replevin, conversion and punitive damages. 5. The litigation is currently in the discovery phase. A trial regarding the case will likely be several months away. 6. Defendant has refused to release any of Plaintiff's property to date, including personal items which he clearly has no claim to. 7. Defendant has, upon request, refused to release approximately eight (8) document boxes which Plaintiff brought with her to his property. 8. Said boxes contain Plaintiffs tax documents, documents regarding current probate litigation Plaintiff is involved with and various other documents which Plaintiff needs immediately. 9. There would be little burden to Defendant in allowing Plaintiff to remove said document boxes from the property. WHEREFORE, PlaintiffrespectfuUy requests the Court to grant this Motion and Order that her document boxes be released immediately as well as any other items the Court deems proper to be released to be determined at the hearing regarding this Motion. Respectfully submitted, y- ( ( - () 3 l I~ ,: / /11 / ~ l/ ' ' U_> Mark F. Bayley, Esquire 155 S. Hanover St. Carlisle, P A 17013 (717) 241-6070 Supreme Court I.D.#87663 CERTIFICATE OF SERVICE I HEREBY VERIFY that I have served the foregoing document upon counsel of record by depositing a copy of the same in the United States Mail, postage prepaid, addressed as follows: Richard L. Webber, Jr., Esquire 126 E. King St. Shippensburg, P A 17257 Date: ~-Zl-o?' / JJ1j / Mark F. Bayley, VERIFICATION I verify that the statements made in the foregoing pleading 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., Section 4904, relating to unsworn falsification to authorities. Date: L(- Z, -o-S JLUf\: Mark F. Bayley, Esquire B. CONRARDY, Plaintiff' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.02-3109 JACOB A. SUTA, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED NOTICE TO PLEAD To: Richard L. Webber, Jr., Esquire You are hereby notified to file a written response to the enclosed Amended Complaint within twenty (20) days from service hereof or a judgement may be entered against you. Mark F. Bayl y, squire 155 South Hanover Street Carlisle, P A 17013 (717)241-6070 Supreme Court ID # 87663 Attorney for Plaintiff, Dated: Cj _ 20 -OL . ...:.~ .:.'....:~ F~~~;. {.~..t}..]..~ ~~) . ,,- " . ;- .,~'; ~ ><:>:' tJ:~~.U ~~! t.~~~ i'~:=~~ :"'.~.~i:'*~ ;:~t t~A;.~~~!~. r3.. ,,,-U ;...,...~~ . _ .' .-'( ......i.... - . . _',:.'~~~~,-:-.___.K- ~t~r - .- :/ P"J~;'l~;i1Cl'a. ~l(,^;Io;1 --A " B. CONRARDY. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.02-3 I 09 JACOB A. SUT A, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED AMENDED COMPLAIN1[ AND NOW. comes Plaintiff. B. Conrardy by her attorney. Mark F. Bayley. Esquire, and in support of her Complaint avers as follows: I. Plaintiff, B. COll1'ardy, is an adult individual residing at 18493 Amberson Road, Spring Run. Pa 17262. 2. Defendant, Jacob A. Suta, is an adult individual residing at 41 Shady Road, Newburg, Pa 17240. 3. Plaintiff and Defendant lived together in a romantic relationship for approximately 10 !h months at Defendant's residence. 4. Plaintiff brought various items of personal property with her to Defendant's residence. 5. Plaintiff purchased various items of personal property while living with Defendant. 6. On or about Mayl2, 2002, Defendant ordered Plaintiff to leave his residence immediately. COUNT I REPLEVIN 12. Previous paragraphs incorporated by reference. 13. Plaintiff seeks to recover possession of the following personal property that she purchased while living with Defendant at his residence: (a). Bedding purchased by Plaintiff for approximately $125.00. (b). Vacuum cleaner purchased by Plaintiff for approximately $108.00. 2 (c). Sears mower and bag attachment purchased by Plaintiff for approximately $3,300. (d). Stock trailer purchased by Plaintiff for approximately $3,000.00 (not including taxes and insurance). ( e). Hay elevator purchased by Plaintiff for approximately $150.00. (t). Landscape plants purchased by Plaintiff for approximately $6,000.00. (g). Water trough purchased by Plaintifffor approximately $54.00. (h). John Deere tractor and loader jointly purchased by Plaintiff and Defendant for approximately $26,500.00. (i). Bed jointly purchased by Plaintiff and Defendant for approximately $1000.00. 0). Trimmer jointly purchased by Plaintiff and Defendant for approximately $256.00.00. (k) Asparagus plants jointly purchased for approximately $100.00. (I) Twenty five cent (25~) collection of state quarters worth approximately $150.00. (m) Any and all other property that Plaintiff purchased while living with Defendant. 14. Plaintiff seeks to recover possession of the following personal property that she brought with her onto Defendant's property: ., -' (a) Materials located in the loafing shed including hay hook, cabinets, garden supplies, 2" x 4" lumber, stoves, wash tubs, cart, :2 Y2 ton car jack, and pressure washer. (b) Materials in the house including clear plastic sheet, 4" x 6" paint brushes, Polaris pool cleaner, bucket of chlorine, paint, pool equipment, books, and garden hoses. (c) Survival gear and two foam protection bars located in Defendant's truck. (d) Two bug bombs located in garden shed. (e) 1" x 3" lumber and frames located in driveway. (f) The following items located around the property: Flatbed trailer, planters, bird house and feeder, sleigh, BBQ and propane tank and GMC Box truck. (g) Concrete finishing hand tools and chalk line tool located in tool shed. (h) The following items located in the carriage house: paint, packed boxes from previous move, lumber, brick, scrap frame lumber, plywood, posts, hand well pump, anvil, garden cart frame, laundry sink, tile saw, and chop saw. (i) The following items located in the parking shed: Buick, tow dolly, and chandeliers. (j) The following items located in the barn: packed boxes from previous move, furniture, wooden steps, tools, church pew, drill press, planters, sewing machine, 4 toilets, chicken wire, kegs, refrigerator, television set, VCR, rugs, and crafts. (k) The following items located in the pool area: planters, garden hose, table and two chairs. (I) Cans of paint located in Defendant's basement worth approximately $1.000.00. (01) Twenty (20) cinder blocks. (n) Any and all other property belonging to Plaintiff that remains on Defendant's residence. WHEREFORE, Plaintiff demands judgement in replevin in her favor and against the Defendant for the following items which, with value added together, are in excess of arbitration limits: (a) the possession and delivery of all the above-itemized property; or (b) the value of the property with interest to the date of trial, in case possession and delivery cannot be had, being a sum to be determined at trial; and (c) any and all other relief which this Court deems appropriate. COUNT II CONVERSION In the alternative, Plaintiff pleads the following: 15. Previous paragraphs are incorporated by reference. 5 16. This Count is brought in the alternative to the relief sought in Count 1. 17. At all relevant times, Plaintiff was the owner and entitled to the immediate possession of the property. 18. The property was kept at the Defendant's residence. 19. In May of 2002, Defendant unlawfully and wrongfully took possession of Plaintiffs personal property listed in paragraphs 13 and 14 and converted it to his own use. 20. The Defendant, on demand of the Plaintiff, has refused to deliver the goods to the Plaintitf. and has ever since refused to do so, and has unlawfully converted the same to his own use. 2 I. The value of Plaintiff s property converted by the Defendant is to be determined at trial. WHEREFORE, in the alternative, Plaintiff demands judgement in conversion in her favor and against Defendant for the value of her personal prop,erty, to be determined at trial, and for such other relief as the court deems necessary. COUNT III PUNITIVE DAMAGES 22. Previous paragraphs are incorporated by reference. ?" _.J. Defendant, at all times relevant and material to this: matter, has acted in bad faith and with the intent to exercise unlawful control over Plaintiffs personal property. 6 24. Defendant's conduct in this matter has been and continues to be wanton and outrageous. 25. On information and belief, Defendant intends to deprive Plaintiff of her personal property. WHEREFORE, Plaintiff demands that this Court enter judgement in her favor and against the Defendant for: (a) Punitive damages, attorney's fees, and costs in excess of arbitration limits; and (b) Such other relief as the court deems just and proper. Respectfully submitted, ROMINGER & BAYLEY cr -- Z O-(.)'L Mark F. Bayl , squire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 87663 Attorney for Plaintiff 7 VERIFICATION I verify that the statements made in this amended complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Date: I T ~. ;1e1O"- :if t1~~ P tiff Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA B. CONRARDY. v. : NO.02-31 09 JACOB A. SUTA, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE L Mark F. Bayley, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Amended Complaint upon the following by depositing same in the United States Mail. first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Richard L. Webber, Jr., Esquire 126 East King Street Shippensburg, PA 17257 Dated: ~ - Z ~ - 02-- Mark F. Bayley, squire Attorney for Plaintiff CERTIFICATE OF SERIVCE I, Mark F. Bayley, Esquire, attorney for B. Conrardy, do hereby certify that I this day served a copy of the Motion for Order Directing Defendant to Permit Plaintiff Access to Property at Issue for Discovery Purposes upon the following by depositing same in the United States Mail, First Class postage paid, at Carlisle, PeJIDsylvania, addressed as follows: Richard L. Webber, Jr., Esquire 126 East King Street Shippensburg, PA 17257 <S-~ 15-c~ l/L10 Mark F. Bayley, I~squire Attorney for Plaintiff Date r~ o ~:; ...::: \. .' -; :..."') C,L; B. CONRARDY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-3109 CIVIL CIVIL ACTION - LAW JACOB A. SUTA, Defendant JURY TRIAL DEMANDED IN RE: MOTION TO COMPEL ORDER AND NOW, this 2. 0" day of May, 2003, a rule is issued on the defendant to show cause why the relief requested in the within motion ought not to be granted. This rule returnable ten (10) days after service. BY THE COURT, ~1 ~tt $:t p~?-- ~ \) ~ vl~\r\//i!)',S j'!i'Eld I ! i\l(',,(',r', !~, ':"Cil;..,!n"'J' I\.d ~I i'._' .. ..'. .111 h ;.; I ::1 : !-- -:,J ,\ :'~ i'~'~l Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3109 B. CONRARDY, v. Defendant CIVIL ACTION -- LAW JURY TRIAL DEMANDED JACOB A. SUT A, ANSWER TO MOTION FOR ORDER DIRECTING DEFENDANT TO PERMIT PLAINTIFF ACCESS TO PROPERTY AT ISSUE FOR DISCOVERY PURPOSES COMES NOW, the Defendant, by and through his attorneys Richard L. Webber, Jr., Esquire, and Weigle & Associates, P.c. and in support of this motion avers as follows: 1. Admitted. 2. Admitted. 3. It is admitted that Defendant filed an Answer to Plaintiff's initial Motion. It is denied that there are eight (8) boxes in the possession of Defendant. It is admitted that Defendant is in the possession of five (5) boxes. 4. Denied. Plaintiff is not entitled to the pre-judgment or injunctive relief that she seeks; therefore, an inventory is not necessary for the purpose of resolution of the Motion. Counsel for the parties arranged for Plaintiffs representative to visit the property and inspect various items. That visit took place. Defendant provided Plaintiff's representative with the opportunity to take pictures. Plaintiff has not verified either of the Motions that were filed on her behalf. Plaintiff s initial Motion fails to provide specific and sufficient allegations to support the claim that immediate and injunctive relief is needed. Defendant denies that any such grounds exist. Plaintiff is attempting to harass Defendant and to otherwise delay trial in this matter. 5. Denied. Plaintiff has continually engaged in fraudulent conduct, to the detriment of Defendant. Plaintiff stole Defendant's checkbook, used his credit card without authorization, and removed various items from Defendant's residence owned by Defendant without Defendant's permission. Defendant therefore believes that Plaintiff will remove WEIGLE & ASSOCIATES. RC. - ATTORNEYS AT LAW - 126 EAST KIN(; STREET - SHIPPENSBURG. PA 17257-1397 items from Defendant's residence and will otherwise engage ill conduct which is designed to harass Defendant and which will serve no legitimate purpose. Plaintiff has admitted to Defendant that she has committed thefts of the property of others. In addition, Plaintiff was found in contempt of court for entering her ex-husband's residence in violation of a Court Order. For these reasons as well as the responses set forth in Paragraph 4 above, which are incorporated by reference herein, Defendant avers that the proposed walk-through will be burdensome and inconvenient to Defendant and that she is not entitled to the relief sought. WHEREFORE, Defendant respectfully requests that the Court deny Plaintiffs Motion. Respectfully submitted, WEIGLE & ASSOCIATES, P.c. Date: cf), lor By: .~~' ~~ Richard L. Webber, Jr., EsqUire Attorney for Defendant Attorney ID #49634 126 East King Street Shippensburg, P A 17257 717-532-7388 WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KINe:; STREET - SHIPPENSBURG. PA 17257-1397 VERIFICATION I verify that the statements made in the foregoing Answer to Motion for Order Directing Defendant to Permit Plaintiff Access to Property at Issue for Discovery purposes are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. ~ 4904, relating to unsworn falsification to authorities. Dated: ~4 j?/3 .- / WEIGLE & ASSOCIATES. RC. _ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 (') C :=-.... "Um nlr;1 ::z: :,C ZC~ ~,~~>: r:::C :-- ~Q '>-. C I ..-c: -,. L- =< o (..,) C_ ~= ~C: n '"'1 -,] r~ iri :':)& -Ti o ; ..~ rn '.-,1 "'~J .'r.~" ::0 -< I "~, . " ........,J :n ...J B. CONRARDY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-3109 CIVIL CIVIL ACTION - LAW JACOB A. SUTA, Defendant JURY TRIAL DEMANDED IN RE: MOTION FOR ORDER DIRECTING DEFENDANT TO PERMIT PLAINTIFF ACCESS TO PROPERTY AT ISSUE FOR DISCOVERY PURPOSES ORDER AND NOW, this It, ~ day of June, 2003, this matter having been scheduled for argument, following conference with counsel in chambers, it is ordered that the defendant permit the plaintiff, within three weeks of this date, along with her counsel, access to his property for the purpose of viewing, inventorying and photographing any and all items of property listed in the plaintiff's amended complaint It is further ordered and directed that the plaintiff not remove any items from the property of the defendant during said view, lIDless otherwise mutually agreed. BY THE COURT, Mark F. Bayley, Esquire For the Plaintiff Ati Richard L. Webber, Jr., Esquire For the Defendant ~~~.n.6.3 G- :rlm ViNV^lASN~~3d ALNf"C':1 'C-:l',':/," "':~':'j,'WiJ ~'.' "'I '. '1-1 ~, lJ<.... . ~.I 'U ,[ ~ h, L' ;~') B. CONRARDY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-3109 CIVIL CIVIL ACTION - LAW JACOB A SUTA, Defendant JURY TRIAL DEMANDED IN RE: MOTION FOR ORDER DIRECTING DEFENDANT TO RELEASE PLAINTIFF'S PROPERTY ORDER AND NOW, this /' ' day of June, 2003, argument/hearing on the matter ofthe immediate release of certain document boxes is continued pending an attempt by counsel to resolve the matter. In the event that the matter cannot be resolved, a rehearing will be scheduled on the request of either party. BY THE COURT, Mark F. Bayley, Esquire For the Plaintiff 9tI~~l.- Richard L. Webber, Jr., Esquire For the Defendant ~ ~ {,./{;.t:D y.. :rlm 0 C) " C (J -1'1 .c: 1 n(J I,' _0 ....- '''1"''; ,-, I ;r ... , ~ _'0' r- r- -. I"" (}) C", C;' ;c:; ) I. .. C) ~ -0 )'r ., ,. ~~- , () ::t,.. f.~-? I n ...c:' ~-: ... :::J ~q ~-'::' ()j ~", ., .2 PRAECIPE FOR LISTING CASE FOR TRIAL To The Prothonotary of Cumberland County Please list the following case: for Jury trial at the next term of civil court Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA B. CONRARDY, v. : NO.02-3109 JACOB A. SUTA, : CIVIL ACTION .. LAW Defendant : JURY TRIAL DEMANDED The trial list will b,e called on 2-17-04 Trials commence on 3-15-04 Pretrials will be held on 2-25-04 (Briefs are due 5 days before pretrials.) Indicate the attorney who will try case for the party who files this Praecipe: Mark F. Bavlev, Esquire Indicate trial counsel for other parties if known: Richard L. Weber. Jr., Esquire This case is ready for trial: Signed: Print Name: Mark F. Bavelv, Esquire Date: '-/1- 0 '-L Attorney for ---1'laintiff ,..., 0 c.::.."'\ c::;:) -n ...- (- ::;:l ~: -~.-n n'F -0 rt1 (.,) 13~ -..--{ -T- "Ii ::~JfS / (',.) ',__~~rn 0'1 ,i;:" .~..( C. ::~: PRAECIPE FOR LISTING CASE FOR TRIAL To The Prothonotary of Cumberland County Please list the following case: for a Non-Jury trial at the next term of civil court B. CONRARDY, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA or.....' : NO. 02-3109 (~; i2 -., "1 <:0 r~ '^, Plaintiff v. JACOB A. SUTA, : CIVIL ACTION - LAW Defendant : NON-JURY TRIAL DEMANDED The trial list will be called on Trials commence on Pretrials will be held on (Briefs are due 5 days before pretrials) Indicate the attorney who will try case for the party who files this Praecipe: Mark F. Bavlev. Esquire Indicate trial counsel for other parties ifknown: Richard 1. Weber, Jr., Esquire This case is ready for trial: ~1JS Signed: Print Name: Mark F. Bavelv. Esquire Date: Z-~ )' - 0 L.( Attorney for Plaintiff N c:.n i.'! n. --n =:[1-" nOlf--::: ~3y :~~ib -f" -r, ;'-'---n ?;:) ::i ;'"l} .-;~~ ~,;J -, B. CONRARDY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-3109 CIVIL CIVIL ACTION - LAW JACOB A. SUTA, Defendant JURY TRIAL DEMANDED IN RE: NONJURY TRIAL ORDER AND NOW, this ,,~ I day of March, 2004, a pretrial conference in the above captioned matter is set for Thursday, April 8, 2004, at 9:00 a.m. in the Chambers of the undersigned. BY THE COURT, Mark F. Bayley, Esquire For the Plaintiff ~. Ad Richard L. Webber, Jr., Esquire F or the Defendant ~ , ~ J~<I-O'l ~~ :rlm o c :?"Z -.-, '"-'. !"i'";?' ~." - 0,.~ ,:::~~ ~'-~ ~~~l " :'.::i -< (,..! '" = = """ :x """ :A;] f .j:" :32 -'~" ~ X-r; m..!..J -oF;; egg 5:! -r, O::!J 70 r5IT1 -~ -"J '< ~ N 0> B. CONRARDY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-3109 CIVIL CIVIL ACTION - LAW JACOB A SUTA, Defendant JURY TRIAL DEMANDED IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held April 8,2004, were Mark F. Bayley, Esquire, attorney for the plaintiff, and Richard L. Webber, Jr., Esquire, attorney for the defendant The plaintiff has filed an action in replevin and, in the alternative, for damages. According to the complaint, she had stored various items of personal property at the defendant's barn, with his permission, and the defendant refuses to return the items. The defendant has countered with a claim for storage fees and has also claimed an ownership interest in some ofthe items of property. This matter is set for trial without a jury on Thursday, June 17,2004, commencing at 9:30 a.m. The hope is that the parties can settle the matter in the: meantime. If not, it is hoped that the issues will, in any event, be substantially narrowed. ~ark F. Bayley, Esquire For the Plaintiff /' /Iii April 8, 2004 ftichard L. Webber, Jr., Esquire For the Defendant :rlm V:i\\//\l/.'3::\Jf\!::~d kLN:-;(T"':1 ," '~:':::iVVn~) 81 ; II !!V 8- \J(ili I,.no? ~.!\l uUv ^~I\/1()t\OH10:1d 3H1 .:10 :J81:~1:;C"'{Fn:~ B. CONRARDY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-3109 CIVIL CIVIL ACTION - LAW JACOB A. SUTA, Defendant JURY TRIAL DEMANDED IN RE: NONJURY TRIAL BEFORE HESS, J. ORDER AND NOW, this Z 1" day of August, 2004, in respect of the claims ofthe parties for replevin and conversion and following a nonjury trial thereon, the court finds and orders as follows: 1. The claims of the plaintiff with regard to bedding, a vacuum cleaner, a Sears mower, a hay elevator, certain landscape plants (with the exception of irises), a water trough and unspecified property that the plaintiff purchased while living with the defendant are DENIED, it appearing that the plaintiff either contributed said items as a gifit or contributed to the purchase of said items as her share of rent. 2. The defendant shall pay to the plaintiffthe sum of$II,045.00 which is the amount he owes to the plaintiff on account of her interest in a 6300 series John Deere tractor. 3. The plaintiff is herewith granted possession of, and shall be entitled to recover from the defendant, the following items of personal property: a. Materials now or formerly located in a certain loafing shed; to wit, a hay hook, cabinets, garden supplies, stoves, wash tubs, a cart, a two and one-half ton car jack and pressure washer. In addition, she shall be entitled to one-half of the two inch by four inch lumber retrieved from Ingersol-Rand pallets. ;,,- ~ '<5 0.1-." {,,3 ?;:::t:. \~ ~~ '6 - o :ir ~ 0- ';;j '-" ~ c!. ~ -. ~ ::> "" ("):;:r ()~ c:J2 ~~,~ :Ji..\--\ rt)n- ~) D b. Materials now or formerly located in the house; to wit, a clear plastic desk mat, polaris pool cleaner, a bucket of chlorine, paint, pool equipment, books and garden hoses. c. Survival gear and two foam protection bars. d. Other items located around the property of the defendant; to wit, planters, birdhouse and feeder, sleigh, barbeque and propane tank. e. Any concrete finishing hand tools and chalk line tool belonging to the plaintiff. f. Items now or formerly located in the carriage house; to wit, paint, packed boxes for moving, a hand well pump, anvil, garden cart frame, laundry sink, tile saw, chop saw, and bricks and lumber brought from a construction project in Texas. g. Chandeliers. h. Items now or formerly located in the barn; to wit, packed boxes from previous move, furniture, wooden steps, tools, church pew, drill press, planters, sewing machine, toilets, chicken wire, kegs, refrigerator, television set, VCR, rugs and crafts. i. The following items now or formerly located in the pool area; to wit, planters, garden hose, table and two chairs. j. Cans of paint purchased by the plaintiff, and her cinder blocks. 4. The foregoing property shall be removed from the property ofthe defendant and restored to the plaintiff by movers chosen by plaintiff's counsel and the plaintiff. Said property shall be moved in no more than three days and preferably in one day. The defendant shall be given notice, through counsel, of the date(s) of the intended move and the defendant shall have the right to be present The plaintiff shall not come onto the property of the defendant during the move without the defendant's consent, however, she may assert the right to walk through the property after the move, accompanied by counsel, for the sole purpose of determining whether or not all of her property has been removed and not for the purpose of removing anything. 5. On a date agreed upon by counsel (and if they cannot agree, as designated by the court), the plaintiff shall be permitted on the property ofthe defendant for the purpose of removing her iris plants. While on the property of the defendant, she shall be permitted only to between her truck or other vehicle and the flower bed and shall not go onto any other part of the property of the defendant. 6. All the remaining claims of the parties including, but not limited to, a claim with respect to certain 25-cent pieces, punitive damages, barn storage rent, a telephone cellular bill, truck repairs, dog transport, vehicle storage, and private investigator are DENIED inasmuch as said claims are not supported by sufficient credible testimony. BY THE COURT, ~ark F. Bayley, Esquire For the Plaintiff .4J .,...Richard L. Webber, Jr., Esquire For the Defendant f1(s (y~ -cJ7 -0 'i :rlm B. CONRARDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : 02-3109 CIVIL : CIVIL ACTION - LAW JACOB A. SUTA, Defendant PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter judgment on Defendant, Jacob A. Suta in the amount of $11,045,00 per an Order of Court signed by Judge Hess on August 27, 2004. Respectfully Submitted, ROMINGER, BAYLEY & WHARE Mark F. Bayle, squire 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court I.D. # 87663 Attorney for the Plaintiff B. CONRARDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v, : NO.02-3109 JACOB A. SUT A, Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Mark F, Bayley, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the aforementioned document upon the following by depositing same in the United States Mail, fIrst class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Richard L. Webber, Jr., Esquire 126 East King Street Shippensburg, P A 17257 [f:1tey, squire Attorney for Plaintiff Dated: November 8, 2004 ~ ~ 0 ~ ~. ~/ ~ "'- '-1 ~ ~ '"i-J "-> ; ~ - . ~ ~ ~ 'Ct ~ 'T"f:. i 0. ,-.,' () ~ ~ ce,"'( ~ >~;.; ~ ~:.2 ~ "c:::- n ~;: ~ ~ c'::> , ..c"' ._~ ::;- :f'\~ :\ ~} cs. ...,:r:- ~JfTl I :;:; C;) co ~.~ ~~~.~ :~ '~~ ~~ ~? ~~~ ..r:- ~ "'... \.CI "'{ " l ~ .-- , Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA B, CONRARDY, v. : NO.02-31 09 JACOB A. SUTA, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED MOTION FOR DATE CERTAIN TO BE SET FOR MOVING DATE AND FOR PLAINTIFF TO BE PERMITTED TO REMOVE WINTER ITEMS FROM DEFENDANT'S PROPERTY AND NOW, comes Plaintiff, by and through her attorney, Mark F, Bayley, Esquire, and in support of the within Motion avers as follows: 1. After a Trial regarding the above-captioned case, the Court issued an Order dated August 27, 2004 which addresses the Plaintiff s ability to remove her items from Defendant's property. Order attached as Exhibit "A", 2. Paragraph 4 of said Order states that Plaintiffs property "shall be moved in no more than three (3) days and preferably in one (1). The Defendant shall be given notice, through counsel, of the date(s) of the intended move. . ." 3, Plaintiff did not have adequate funds to employ movers until October of2004. 4. Counsel for the parties made several attempts to arrange suitable moving dates since October to no avail. 5. Defendant has subsequently refused to schedule moving dates due to issues unrelated to the move. 6, Plaintiff's movers have indicated that they will require the better part of three (3) days to complete the move. 7. Plaintiff now believes that the move cannot realistically take place until the Spring of 2005 due to the weather. 8, If Defendant would have cooperated, all of the Plaintiff's items would currently be off of Defendant's property. 9, Plaintiff now wishes to recover several of her winter items and items she immediately wishes to use including the following: a. Winter clothing; b, Toiletries; c. Cosmetic articles; d, Jewelry; e. Leather hides; f. Personal records/files; g, TV, VCR, and TV cabinets; h, Small refrigerator; 1. Miscellaneous tools; J. Kitchen stove; and k. Goat cart frame, sleigh and bird feeder. 10. Plaintiff can easily remove these items with a friend within a couple of hours. 11. Plaintiff wishes for the Court to set a date certain for the move to take place in the Spring so that Defendant can delay no further past that point. 12. Defendant wishes to be rewarded her unnecessary attorney fees which are the direct result of Defendant's unreasonable delay. These attorney fees will likely be in excess of $400 by the time this matter is concluded. WHEREFORE, the Plaintiff respectfully requests that the Court set a date certain for the move of her property from of Defendant's property for three (3) consecutive days in the Spring; Plaintiff additionally requests that the Court permit her remove the above stated items of her personal property from Defendant's property immediately; additionally, the Plaintiff requests that the Court award unnecessary attorney fees which are the direct result of Defendant's unreasonable delay. l-l~-/D~ Respectfully Submitted, ROMINGER, BAYLEY & WHARE uvrL Mark F, Bayley, ESqUi~ 155 South Hanover Street Carlisle, PAl 70 13 (717) 24 I -6070 Supreme Court J.D. # 87663 Attorney for the Plaintiff Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA B. CONRARDY, v, : NO,02-31 09 JACOB A. SUTA, : CIVIL ACTION - LAW Defendant VERIFICATION MARK F, BAYLEY, ESQUIRE, states that he is the attorney for Plaintiff, B. Conrardy, in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. c.s. Pa.C.S. S4904, relating to unsworn falsification to authorities. Date: I-rs -- 0) 1 /'11Z ~F. Bayley, Esquir/ Attorney for Plaintiff 9B. CONRARDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.02-31 09 JACOB A. SUTA, Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Mark F, Bayley, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the aforementioned document upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Richard L. Webber, Jr., Esquire 126 East King Street Shippensburg, PA 17257 Dated: l ~ \S~05' LA Mark F. Bayley, Esquire Attorney for Plaintiff ;. .,~"'--~~;.;......,~. '_......-l...:.:.: , , ,.' -'f. \ / - ... / I.t "/ B, CONRARDY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 02-3109 CIVIL CIVIL ACTION - LA W JACOB A. SUTA, Defendant mRY TRlAL DEMANDED INRE: NONJURYTRIAL BEFORE HESS, J. ORDER AND NOW, this z'1r day of August, 2004, in respect of the claims of the parties for replevin and conversion and following a nonjury trial thereon, the court finds and orders as follows: 1. The claims of the plaintiff with regard to bedding, a vacuum cleaner, a Sears mower, a hay elevator, certain landscape plants (with the exception of irises), a water trough and unspecified property that the plaintiff purchased while living with the defendant are DENIED, it appearing that the plaintiff either contributed said items as a gift or contributed to the purchase of said items as her share of rent. 2, The defendant shall pay to the plaintiff the sum of$11,045.00 which is the amount he owes to the plaintiff on account of her interest in a 6300 series John Deere tractor. 3, The plaintiff is herewith granted possession of, and shall be entitled to recover from the defendant, the following items of personal property: a. Materials now or formerly located in a certain loafmg shed; to wit, a hay hook, cabinets, garden supplies, stoves, wash tubs, a cart, a two and one-half ton car jack and pressure washer. In addition, she shall be entitled to one-half of the two inch by four inch lumber retrieved from Ingersol-Rand pallets. e~h\b\+ ItA'\ b. Materials now or formerly located in the house; to wit, a clear plastic desk mat, polaris pool cleaner, a bucket of chlorine, paint, pool equipment, books and garden hoses. c. Survival gear and two foam protection bars. d. Other items located around the property of the defendant; to wit, planters, birdhouse and feeder, sleigh, barbeque and propane tank. e. Any concrete finishing hand tools and chalk line tool belonging to the plaintiff. f. Items now or formerly located in the carriage house; to wit, paint, packed boxes for moving, a hand well pump, anvil, garden cart frame, laundry sink, tile saw, chop saw, and bricks and lumber brought from a construction project in Texas. g. Chandeliers. h. Items now or formerly located in the barn; to wit, packed boxes from previous move, furniture, wooden steps, tools, church pew, drill press, planters, sewing machine, toilets, chicken wire, kegs, refrigerator, television set, VCR, rugs and crafts. 1. The following items now or formerly located in the pool area; to wit, planters, garden hose, table and two chairs. j. Cans of paint purchased by the plaintiff, and her cinder blocks. 4. The foregoing property shall be removed from the property of the defendant and restored to the plaintiffby movers chosen by plaintiff's counsel and the plaintiff. Said property shall be moved in no more than three days and preferably in one day. The defendant shall be given notice, through counsel, of the date(s) of the intended move and the defendant shall have the right to be present. The plaintiff shall not come onto the property of the defendant during the move without the defendant's consent, however, she may assert the right to walk through the property after the move, accompanied by counsel, for the sole purpose of determining whether or not all of her property has been removed and not for the purpose of removing anything. 5. On a date agreed upon by counsel (and if they cannot agree, as designated by the court), the plaintiff shall be permitted on the property of the defendant for the purpose of removing her iris plants. While on the property of the de~endant, she shall be permitted only to between her truck or other vehicle and the flower bed and shall not go onto any other part of the property of the defendant. 6. All the remaining claims of the parties including, but not limited to, a claim with respect to certain 25-cent pieces, punitive damages, barn storage rent, a telephone cellular bill, truck repairs, dog transport, vehicle storage, and private investigator are DENIED inasmuch as said claims are not supported by sufficient credible testimony. BY THE COURT, Mark F. Bayley, Esquire F or the Plaintiff J Richard L. Webber, Jr., Esquire F or the Defendant :r1m () ......., ......-:::J C.: UJ ~-'J l'_ c) ," ....-1 -r: .,., rn;:::::. ]l1 , , L, ~.~l~ ;~ ~~ :;A.: (,,0 rll -------- y B. CONRARDY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.02-3] 09 JACOB A. SUTA, : CIVIL ACTION - LAW Defendant ORDER OF COURT AND NOW, this ;<o-tiday of ..pf'lUAtl/Ztf ,2005, an hearing is scheduled /.. /J with regard to the within Motion for th~ day of f/.'~/A d,4fj- ,2005, at !O: cnJ o'clock, A.M., in Courtroom #L, at the Cumberland County Courthouse in Carlisle, Pennsylvania. By the Court: J. Distribution: Mark F. Bayley, Esquire Richard L. Webber, Jr., Esquire ~ 1_.2/_05' -c~ ' ,~)- (;0 -~) "" -(,I o(~ (",T , 'j . . .. B. CONRARDY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 02-3109 CIVIL CIVIL ACTION - LAW JACOB A SUT A, Defendant JURY TRIAL DEMANDED IN RE: MOTION FOR A DATE CERTAIN ORDER AND NOW, this ;2 1'" day of February, 2005, this matter having been called for further hearing and after conference with counsel in chambers, it is directed that: 1. The move of property contemplated in our order of August 27, 2004, shall take place on April 2 and 3, 2005, and if necessary on April 9 and 10,2005, for a period of no more than eight hours per day. 2. Our prior order is clarified to provide that the plaintiff will retain the hay elevator which was the subject of this litigation. 3. The order is further clarified to provide that the plaintiff will take possession of the flatbed trailer which is on the property of the defendant and will pay the defendant $600.00 therefore. 4. The stock trailer currently on the property of the plaintiff shall remain in her possession. The arguments of counsel notwithstanding, claims for attorneys' fees are DENIED. BY THE COURT, /ld . . ... Mark F. Bayley, Esquire For the Plaintiff Richard L. Webber, Jr., Esquire For the Defendant :rlm