Judges Opinions Public Notices, — October 28, 2020 10:47 — 0 Comments

Public Notices, October 28, 2020

Volume 58, No. 13

 

PUBLIC NOTICES

DECEDENTS’ ESTATES

ORPHANS’ COURT DIVISION NOTICES

ARTICLES OF INCORPORATION

 

TABLE OF CONTENTS

Frederick Real Estate, Inc., Frederick Chevrolet of Lebanon, Inc., and Frederick Lorenzo, v. T Frats, LLC, and T Frats Car Wash, Inc., and Anthony Frattaroli

 

NOTICE IS HEREBY GIVEN that Letters Testamentary or of Administration have been granted in the following estates. All persons indebted to the said estate are required to make payment, and those having claims or demands to present the same without delay to the administrators or executors named.

 

FIRST PUBLICATION       

 

ESTATE OF DOROTHY J. BECK, late of Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executors.

Cynthia A. Berger, Executor

 

Brian A. Beck, Executor

 

Anthony J. Fitzgibbons, Esquire

279 North Zinn’s Mill Road

Lebanon, PA  17042

717-279-8313

 

ESTATE OF GRACE H. LEHMAN, late of the Borough of Richland, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executors.

Delmas Lehman, Executor

128 Lengle Road

Myerstown, PA 17067

 

Lamar Lehman, Executor

198 Tulley Drive

Bernville, PA 19506

 

Kenneth C. Sandoe, Esquire

Steiner & Sandoe, Attorneys

36 West Main Avenue

Myerstown, PA 17067

 

ESTATE OF LINDA E. LONG, late of Cornwall Borough, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executors.

 

  1. Tome, S. Snavely, Executors

 

Young and Young 

44 South Main Street

Manheim, PA 17545

 

ESTATE OF JOYCE M. DUNDORE A/K/A JOYCE MARIE DUNDORE, late of Palmyra Borough, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Wendy Johnson, Executrix

 

Keith D. Wagner, Esquire

  1. O. Box 323

Palmyra, PA 17078

 

ESTATE OF ROBERTA S. MILLER, late of South Londonderry Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Susanne L. Brown, Executrix

 

Keith D. Wagner, Esquire

  1. O. Box 323

Palmyra, PA 17078

 

ESTATE OF JEFFREY LYNN JACOBY, A/K/A JEFFREY L. JACOBY, late of South Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Bonnie Fasnacht, Executrix

 

Richard R. Reilly, Esquire

54 N. Duke Street

York, PA 17401-1210

 

ESTATE OF EDWARD J. ZABIEGALSKI, JR., late of North Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administratrix.

 

Carolyn D. Karl, Administratrix

 

George W. Porter, Esq.

909 E. Chocolate Ave.

Hershey, PA  17033

 

SECOND PUBLICATION

 

ESTATE OF WILMA M. RUCCO A/K/A WILMA MARILYN RUCCO, late of North Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Toni T. Miller, Executor

 

Reilly Wolfson Law Office

1601 Cornwall Road

Lebanon, PA 17042

 

ESTATE OF MICHAEL E. BORDNER, A/K/A MICHAEL EDWARD BORDNER, late of Annville Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Eric Michael Bordner, Executor

Kevin M. Dugan, Esquire

Feather and Feather, P.C.

22 West Main Street

Annville, PA 17003

ESTATE OF JANET Y. EDWARDS, late of South Lebanon Township, Lebanon County, Pennsylvania, deceased.  Letters Testamentary have been granted to the undersigned Executor.

 

Jeffrey G. Edwards, Executor

905 Sycamore Lane

Lebanon, PA 17046

 

ESTATE OF BONITA F. KNOLL, A/K/A BONITA F. MATTHEW, late of the Township of North Lebanon, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

Treva F. Matthew, Executor

765 N. 22nd St., Apt. 1

Lebanon, PA 17046

 

Kenneth C. Sandoe, Esquire

Steiner & Sandoe, Attorneys

36 West Main Avenue

Myerstown, PA 17067

 

ESTATE OF JEAN K. LIGHTNER, late of Heidelberg Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

Mary Donmoyer, Executrix

711 Oak St

Myerstown, PA 17067

 

Jason J Schibinger, Esquire

Buzgon Davis Law Offices

P.O. Box 49

525 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF ELEANOR P GASSERT, late of the City of Lebanon, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

Karen Ramos, Executrix

118 N 4th Street

Lebanon, PA 17046

 

Bret M. Wiest, Esquire

Buzgon Davis Law Offices

P.O. Box 49

525 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF NAOMI K. MOYER, late of the Borough of Myerstown, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executors.

Errol S. Moyer, Executor

6425 Hollow Drive

East Petersburg, PA 17520

 

Lucinda M. Bradley, Executor

67 N. Lebanon Street

Lebanon, PA 17042

 

Kenneth C. Sandoe, Esquire

Steiner & Sandoe, Attorneys

36 West Main Avenue

Myerstown, PA 17067

 

ESTATE OF JOSEPH D. DUNLAP, late of the City of Lebanon, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

Mariellen Lantz, Executor

 

Donna Long Brightbill, Esquire

Long Brightbill

315 S. Lincoln Avenue

Lebanon, PA 17042

 

ESTATE OF KATHLEEN P. ATTICK, late of Palmyra Borough, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

Joanne Haldeman, Executrix

 

Keith D. Wagner, Esquire

  1. O. Box 323

Palmyra, PA 17078

 

THIRD PUBLICATION

 

ESTATE OF E.M. GRACE YAKE, A/K/A EVA MARY GRACE YAKE, late of Jackson Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executors.

Stephen G. Yake, Executor
1818 Buccaneer Drive
Sarasota, FL 34231

Lorraine E. Jackson, Executor
18 E. Market Street
Myerstown, PA 17067

 

Kenneth C. Sandoe, Esquire

Steiner & Sandoe, Attorneys

36 West Main Avenue

Myerstown, PA 17067

 

ESTATE OF JOYCE E. WOLF, late of Palmyra, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Co-Executrices.

 

Lorna Wagner and Katina Werner, Co-Executrices

 

Randall K. Miller, Esq.

659 E Willow Street 

Elizabethtown, PA 17022

 

ESTATE OF STEVEN JOHN STOLTZFUS, late of Millcreek Township, Lebanon County, Pennsylvania, deceased. Letters of Administration have been granted to the undersigned Administrators.

 

David J. and Mary A. Stoltzfus, Administrators

114 S. Fort Zeller Road

Newmanstown, PA 17073

 

Kenneth C. Sandoe, Esquire

Steiner & Sandoe, Attorneys

36 West Main Avenue

Myerstown, PA 17067

 

ESTATE OF IVA E. MASEMORE, late of South Lebanon Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Richard L. Masemore, Executor

 

Kevin M. Richards, Esquire

P.O. Box 1140

Lebanon, PA 17042-1140

 

ESTATE OF JULIA MAE HOSTETTER, A/K/A JULIA M. HOSTETTER, late of the City of Lebanon, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Wanda L. Lehman, Executrix

 

Gerald J. Brinser, Esquire

  1. O. Box 323

Palmyra, PA 17078

 

ESTATE OF ROBERT Q. SMOYER, JR., late of North Londonderry Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Tina M. Hileman, Executrix

 

Keith D. Wagner, Esquire

  1. O. Box 323

Palmyra, PA 17078

 

ESTATE OF IRMA J. CASSEL, late of North Londonderry Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executors.

 

Thomas L. Cassel, Executor

309 Kauffman Road

Annville, PA 17003

 

David Cassel, Executor

727 N. Lincoln Street

Palmyra, PA 17078

 

David R. Warner, Esquire

Buzgon Davis Law Offices

P.O. Box 49

525 South Eighth Street

Lebanon, PA 17042

 

ESTATE OF JOHN J. MAHER A.K.A. JOHN MAHER, late of the City of Lebanon, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Carol Babineau, Executrix

3046 Aberdeen Road

Annapolis, MD 21403

 

Joseph M. Farrell, Esquire

201/203 South Railroad Street

P.O. Box 113

Palmyra, PA 17078

 

ESTATE OF ANGELENE M. KIMMEL, late of North Lebanon, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Kris M. Kimmel, Executor

919 N. 8th Avenue

Lebanon, PA 17046

 

Kenneth C. Sandoe, Esquire

Steiner & Sandoe, Attorneys

36 West Main Avenue

Myerstown, PA 17067

 

ESTATE OF LEON J. SKILLMAN A/K/A LEON JOHN SKILLMAN, late of North Cornwall Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Amy J. Skillman, Executrix

 

Kevin M. Richards, Esquire

P.O. Box 1140

Lebanon, PA 17042-1140

 

ESTATE OF IRMA N. DEIDERICK, late of North Cornwall Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Brian L. Deiderick, Executor

 

Kevin M. Richards, Esquire

P.O. Box 1140

Lebanon, PA 17042-1140

 

ESTATE OF DALE O. LONGENECKER, late of Jackson Township, Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executrix.

 

Anita White, Executrix

 

Reilly Wolfson Law Office

1601 Cornwall Road

Lebanon, PA 17042

 

ESTATE OF HARRY G. LAUZON, late of Lebanon County, Pennsylvania, deceased. Letters Testamentary have been granted to the undersigned Executor.

 

Patrick T. Lauzon, Executor

 

George W. Porter, Esquire

909 E. Chocolate Ave.

Hershey, PA  17033

 

ORPHANS’ COURT DIVISION NOTICES

 

Notice is hereby given that the following accounts in decedents estates, Guardianships and trusts have been filed in the Office of the Register of Wills and Clerk of Orphans’ Court of Lebanon County, and that the same will be presented to the Court of Common Pleas-Orphans’ Court Division of said County for Confirmation NISI on Monday, November 2, 2020 At 10:00 A.M. in Courtroom No. 1, Municipal Building, City of Lebanon.

 

FIRST AND FINAL ACCOUNTS WITH PROPOSED SCHEDULE OF DISTRIBUTION

FILED BY EXECUTORS OR ADMINISTRATORS

 

  1. Ceresini,Carl L., dec’d., Debra A. Carpenter-Madden, Exrx., Patrick M. Reb, Atty.

 

All of the aforesaid accounts and statements of Proposed Distribution will be confirmed

ABSOLUTELY as of course by the said Orphans’ Court except those to which exemptions are

filed within twenty (20) days after the same are confirmed NISI.

 

BRIAN CRAIG

REGISTER OF WILLS AND CLERK OF ORPHANS’ COURT

LEBANON COUNTY, PENNSYLVANIA

 

 

 

 

 

 

 

 

ARTICLES OF INCORPORATION

 

NOTICE IS HEREBY GIVEN that the Articles of Incorporation were filed with the Pennsylvania Department of State on or about October 6, 2020, for a nonprofit corporation organized under the Nonprofit Corporation Law of 1988 for the Commonwealth of Pennsylvania, as amended.

 

The name of the Corporation is COMMUNITY OF LEBANON ASSOCIATION FOUNDATION, INC.

 

The Corporation is organized as a non-profit organization exclusively for charitable, religious, education and scientific purposes, including economic and community development within the community of Lebanon, Pennsylvania, permitted within the scope of Section 501(c)(3) and 509 of the Internal Revenue Code of the Internal Revenue Code of 1986, as amended, or corresponding section of any future federal tax code.

 

Buzgon Davis Law Offices

Bret M. Wiest, Esquire

525 South Eighth Street

Lebanon, PA 17042

Attorney for

Community of Lebanon Association Foundation, Inc

JUDGES OPINION

 

Frederick Real Estate, Inc., Frederick Chevrolet of Lebanon, Inc., and Frederick Lorenzo, v. T Frats, LLC, and T Frats Car Wash, Inc., and Anthony Frattaroli

 

Civil Action-Law-Lease Agreement-Car Wash Facilities and Equipment-Breach of Contract-Unjust Enrichment-Preliminary Objections-Attachment of Documents to Pleadings-Assignment of Rights-Written Demand for Payment-Verification of Pleadings

 

Plaintiffs filed an action against Defendants for alleged defaults of obligations under a long term Lease Agreement between Plaintiff Frederick Real Estate, Inc., and Defendants T Frats, LLC, and Anthony Frattaroli and T Frats, which also contained a purchase option with regard to car wash facilities and property.  Additionally, Plaintiffs allege that Defendants assumed equipment loans and borrowed additional monies from Plaintiffs Frederick Real Estate, Inc., and Frederick Chevrolet of Lebanon, Inc., both of which are entities of Plaintiff Frederick Lorenzo.  Plaintiffs allege that the Lease Agreement was amended several times through which Plaintiff Frederick Lorenzo assigned his rights under the Lease Agreement to Plaintiff Frederick Real Estate, Inc.  Defendants have filed Preliminary Objections to Plaintiffs’ Amended Complaint.  In their Preliminary Objections, Defendants assert Plaintiffs failed to state whether the assignment of rights by Frederick Lorenzo to Frederick Real Estate, Inc., was oral or in writing and to attach the document of the assignment if written or to attach copies of written demands for payment.  Defendants further argue that Plaintiffs are unable to pursue a cause of action in Unjust Enrichment because their claims are based upon a contract and the Verification of the Amended Complaint is improper.

 

  1. Pa.R.C.P. Rule 1019(h) provides that when any claim or defense is based upon an agreement, the pleading specifically shall state if the agreement is oral or written.

 

  1. Pa.R.C.P. Rule 1019(h) and (i) provide that if the agreement upon which a claim or defense is based is in writing, the agreement must be attached to the pleading.

 

  1. Pa.R.C.P. Rule 2002(a) provides that all actions shall be prosecuted by and in the name of the real party in interest without distinction between contracts under seal and parol contracts.

 

  1. The assignee of a right to collect money is the real party in interest in an action and must prosecute post assignment cases in that party’s name, not in the name of the assignor.

 

  1. Since Plaintiffs rely upon the assignments of rights under the Lease Agreement as the bases for their right to damages in the action, Plaintiffs are required to state whether the assignments are oral or written and to attach documentation of the assignments if written.

 

  1. Plaintiffs are not required to attach written demands for payment under the Lease Agreement, as the written demands are not the writings upon which Plaintiffs’ claims are based.

 

  1. A plaintiff may advance alternate or conflicting theories of recovery, including causes of action in breach of contract and unjust enrichment.

 

  1. Pa.R.C.P. Rule 1024(c) provides that verification of a pleading shall be made by one or more of the parties filing the pleading unless all parties lack sufficient knowledge or information or are outside of the jurisdiction of the court and verification of none of them could be obtained within the time allowed for the filing of the pleading.

 

  1. Since the Verification of the Amended Complaint fails to set forth that Plaintiff Frederick Lorenzo lacked sufficient knowledge or information or was outside of the jurisdiction of the Court, the Verification fails to comply with the requirements of Pa.R.C.P. Rule 1024(c).

 

L.C.C.C.P. No. 2019-01886, Opinion by John C. Tylwalk, President Judge, April 22, 2020.

 

 

IN THE COURT OF COMMON PLEAS OF LEBANON COUNTY

PENNSYLVANIA

 

CIVIL DIVISION

 

FREDERICK REAL ESTATE, INC.,                                   :           NO. 2019-01886

FREDERICK CHEVROLET OF LEBANON,         :

INC., FREDERICK LORENZO                                                        :

Plaintiffs                                                                                             :

:

  1.                                                                                                 :

:

T FRATS, LLC AND                                                                                     :

T FRATS CAR WASH, INC., and                                        :

ANTHONY FRATTAROLI,                                                             :

Defendants                                                                             :

 

ORDER OF COURT

 

AND NOW, this 22nd day of April, 2020, upon consideration of Defendants’ Preliminary Objections to Plaintiffs’ Amended Complaint, Plaintiffs’ Response thereto, and the Briefs submitted by the parties, it is hereby Ordered as follows:

  1. Defendants’ Preliminary Objection to Paragraph 17 is SUSTAINED.  Plaintiff is granted leave to file a Second Amended Complaint setting forth information regarding the alleged assignment of rights and interests under the Lease Agreement as required by Pa.R.C.P. No. 1019.
  2. Defendants’ Preliminary Objection to Paragraph 37 is SUSTAINED. Plaintiffs are granted leave to file a Second Amended Complaint setting forth the information regarding the alleged designation of collection agent as required  by Pa.R.C.P. No. 1019.
  3. Defendants’ Preliminary Objection to Paragraph 68 is SUSTAINED. Plaintiffs are granted leave to file a Second Amended Complaint setting forth information regarding the alleged designation of collection agent as required by Pa.R.C.P. No. 1019.
  4. The Preliminary Objections regarding Paragraphs 41, 55, and 67 of the Amended Complaint are OVERRULED.
  5. Defendants’ Preliminary Objections to Counts VI and VII are OVERRULED.
  6. Defendants’ Preliminary Objection regarding the Verification of the Amended Complaint is SUSTAINED. Plaintiffs are directed to file an appropriate Verification to the Amended Complaint to satisfy the requirements of Pa.R.C.P. No. 1024.

Due to the current emergency circumstances affecting the Court system, the Second Amended Complaint shall be filed by June 15, 2020.  In the event that circumstances warrant further extension, Plaintiffs may apply to the Court for additional time to file their amended pleading.

 

BY THE COURT:

 

__________________________, P.J.

JOHN C. TYLWALK

 

JCT/jah

 

Cc:  Scott L. Grenoble, Esquire/Buzgon Davis Law Offices/P. O. Box 49/525 South

            Eighth Street/Lebanon, PA  17042

        John J. Rendemonti, Esquire/John J. Rendemonti, P.C./14 Regency

            Plaza/Glen Mills, PA  19342

       Judith Huber, Esquire/Law Clerk

 

APPEARANCES:

 

SCOTT L. GRENOBLE, ESQUIRE                      FOR FREDERICK REAL ESTATE, INC.

BUZGON DAVIS LAW OFFICES              FREDERICK CHEVROLET OF LEBANON, INC.

                                                                          AND FREDERICK LORENZO

 

JOHN J. RENDEMONTI, ESQUIRE        FOR T FRATS, LLC AND T FRATS CAR WASH,

JOHN J. RENDEMONTI, P.C.                    INC. AND ANTHONY FRATTAROLI

 

OPINION, TYLWALK, P.J., APRIL 22, 2020.

 

This matter involves a Lease Agreement, a Promissory Note, and various loan obligations pertaining to several car wash facilities and properties which are operated by Defendants under the name of Triangle Car Wash.  The Amended Complaint avers that on February 27, 2016, Plaintiff Frederick Real Estate, Inc. (“Frederick Real Estate”) entered into a long-term Lease Agreement with Defendants Anthony Frattaroli and T Frats, LLC, with an option to purchase the car wash facilities and properties.  It is further alleged that Defendants also assumed various equipment loans in the amount of $240,000 and borrowed an additional $50,000 from Plaintiffs Frederick Real Estate and Frederick Chevrolet of Lebanon, Inc. (“Frederick Chevrolet”) which are both entities of Plaintiff Frederick Laurenzo (“Laurenzo”).

Plaintiffs aver that the Lease Agreement provided for Defendants to make monthly payments, based on a descending amortization price schedule subject to interest rate changes, and to assume responsibility for all real estate taxes (which were paid by Frederick Real Estate to be reimbursed by T Frats, LLC).  T Frats, LLC and Frattaroli allegedly assumed the financing obligation for the purchase of the $240,000 of equipment, executed a Note to borrow $150,000 at 6 percent interest from Frederick Real Estate, and also acquired a $50,000 “demand loan” from Laurenzo.  Plaintiffs allege that Defendants have defaulted on all of these obligations and have failed to cure the default despite having received notice and demand for payment.  The Amended Complaint avers that the Lease Agreement was amended on five occasions between June 20, 2016 and September 10, 2019, that Frederick Chevrolet designated Frederick Real Estate to act as it collection agent for the $240,000 and $50,000 loans and that Laurenzo assigned his rights and interests under the Lease Agreement to Frederick Real Estate.  Defendants have filed Preliminary Objections to the Amended Complaint which are presently before the Court for resolution.[1]

Defendant directs Preliminary Objections to several paragraphs of the Amended Complaint in which Plaintiffs aver that Laurenzo and Frederick Chevrolet have transferred their rights to seek collection of the various debts alleged in the Amended Complaint to Frederick Real Estate.  With regard to the Lease Agreement, Paragraph 17 provides:

  1. On or about June 3, 2019, Frederick Laurenzo assigned all of his rights and interests in the real estate lease agreement to Plaintiff Frederick Real Estate, Inc.

 

(Amended Complaint, Para. 17)

With respect to the collection of the alleged $240,000 equipment  loan, Plaintiffs allege in Paragraph 37 of the Amended Complaint:

  1. Plaintiffs, Frederick Chevrolet, designated Plaintiff Frederick Real Estate to serve as its collection agent with respect to this loan.

 

(Amended Complaint, Para. 37)

 

With regard to the alleged $50,000 loan, Paragraph 68 provides:

 

  1. Plaintiffs Frederick Chevrolet designated Plaintiff Frederick Real Estate to serve as its collection agent with respect to this loan.

 

(Amended Complaint, Para. 68).

 

Defendants complain that the Amended Complaint fails to conform to law pursuant to Pa.R.C.P. No. 1028(a)(2) because Plaintiffs have failed to state whether the assignment alleged in Paragraph 17, and the designations alleged in Paragraphs 37 and 68 were oral or written and that, if written, they have failed to attach copies to the Amended Complaint as required by Pa.R.C.P. No. 1019.

Rule 1019 provides, in part:

Rule 1019. Contents of Pleadings. General and Specific Averments

(h) When any claim or defense is based upon an agreement, the pleading shall state specifically if the agreement is oral or written.

 

Note: If the agreement is in writing, it must be attached to the pleading. See subdivision (i) of this rule.

 

  • When any claim or defense is based upon a writing, the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or copy is not accessible to the pleader, it is sufficient so to state, together with the reason, and to set forth the substance in writing.

 

Pa.R.C.P. No. 1019(h)-(i).

We agree with Defendants that this information should have been provided in the Amended Complaint.  Plaintiffs contend that their claims are not based on the assignment or the designations of collection rights.  However, Pa.R.C.P. No. 2002 provides:  “Except as otherwise provided in clauses (b), (c) and (d) of this rule, all actions shall be prosecuted by and in the name of the real party in interest, without distinction between contracts under seal and parol contracts.”  Pa.R.C.P. No. 2002(a).  The assignee of a right to collect money is the “real party in interest” in an action and is required to prosecute post-assignment cases in his name and not that of the assignor.  Cole v. Price, 758 A.2d 231, Super.2000, reargument dismissed, appeal granted in part 767 A.2d 549, 564 Pa. 265, appeal denied 771 A.2d 1277, 565 Pa. 634, appeal denied 771 A.2d 1277, 565 Pa. 635, reversed in part on other grounds778 A.2d 621, 566 Pa. 79See also, Rosenthal & Rosenthal, Inc. v. Fairy Mills, Inc., 18 Pa. D. & C. 3d 364 (C.C.P. Berks Cnty. 1981).

Because Plaintiffs rely on the assignment or rights under the Lease Agreement as alleged in Paragraph 17 the Lease Agreement, the designation as collection agent for the $240,000 alleged in Paragraph 37, and the designation as collection agent for the $50,000 loan to support the right of Frederick Real Estate to pursue these claims, Plaintiffs are required to state whether the assignment and designations were oral or in writing.  If in written form, the documents would constitute essential parts of Plaintiffs’ case and should be attached to the pleading.  In their Brief, Plaintiffs aver that the assignment and the designations were verbal.  Therefore, we will sustain the Preliminary Objections to Paragraphs 17, 37 and 68, and grant Plaintiff leave to file a Second Amended Complaint to allege the existence and details of the verbal assignment and designations as required by Rule 1019(i).

Plaintiffs also allege that they made formal demands for the payment of these obligations.  With regard to the $240,000 equipment loan, the Amended Complaint avers:

  1. On or about June 18, 2019, Plaintiff, Frederick Chevrolet, issued written and verbal Notice of Default upon Defendants and demanded immediate payment of all outstanding sums.

 

(Amended Complaint, Para. 41).  Regarding the $150,000 promissory note, it is alleged:

 

  1. On or about June 18, 2019, Plaintiff, Frederick Real Estate, provided verbal and written notice to Defendants of its demand for payment in full of the unpaid balance of said Note and past due interest payments.

 

(Amended Complaint, Para. 55).  With regard to the $50,000 loan, it is alleged that:

  1. On or about June 18, 2019, Defendant T Frats LLC., was provided with written and verbal notice of Plaintiff’s demand for the full repayment of the outstanding $50,000 balance and interest payment arrears.

 

(Amended Complaint, Para. 67)

 

Defendants complain that Plaintiffs have failed to attach copies of these

written demands for payment in derogation of Rule 1019.  Plaintiffs counter that they were not required to submit such demands to Defendants and that attachment of the written demands were unnecessary since their claims are not based on those writings.

We agree with Plaintiffs that they were not required to attach copies of the written demands to the Amended Complaint.  Rule 1019 requires attachment of a document only “[w]hen any claim or defense is based upon a writing.”  Pa.R.C.P. No. 1019(i).  The demands alleged by Plaintiffs simply notified Defendants of their breach of obligations under the Lease Agreement, the Note, and the alleged loans.  Defendants do not claim that Plaintiffs were required to present any notices or demands and we see no basis upon which such a claim could be asserted.  Plaintiffs’ claims are based upon Defendants’ alleged defaults in their obligations pursuant to the Lease Agreement, the Note, the $240,000 loan and the $50,000 loan, rather than the demand notices which were issued upon the occurrence of these defaults.  Hence, Plaintiffs were not required to attach copies of these demand notices and we will overrule the Preliminary Objections to Paragraphs 41, 55 and 67.

Next, Defendants object to the inclusion of Counts VI and VII in the Complaint which set forth claims for unjust enrichment, arguing that such this cause of action is inappropriate when a claim is based upon a contract.  We will overrule this Preliminary Objection.  A plaintiff may advance alternate or conflicting theories of recovery, including causes of action for breach of contract and quantum meruit/unjust enrichment.  See, Shafer Electric & Construction v. Mantia, 67 A.3d 8, 9, n.2. (Pa. Super. 2013); Lugo v. Farmers Pride, Inc., 967 A.2d 963, 970, n. 5 (Pa. Super. 2009).

Defendants’ final Preliminary Objection is directed to the Verification of the Amended Complaint because it was executed by Plaintiffs’ counsel rather than Laurenzo in derogation of Pa.R.C.P. No. 1024(c):

(c) The verification shall be made by one or more of the parties filing the pleading unless all the parties (1) lack sufficient knowledge or information, or (2) are outside the jurisdiction of the court and the verification of none of them can be obtained within the time allowed for filing the pleading. In such cases, the verification may be made by any person having sufficient knowledge or information and belief and shall set forth the source of the person’s information as to matters not stated upon his or her own knowledge and the reason why the verification is not made by a party.

 

Pa.R.C.P. 1024(c).

 

In the Verification, Plaintiffs’ counsel explains that Laurenzo was “unavailable to timely file this Verification within the time allowed for filing a pleading.”  We agree that this Verification does not comply with the requirements of Rule 1024(c) since it does not aver that Laurenzo lacked sufficient knowledge or information or was outside the jurisdiction of the court.  Therefore, we will sustain this Preliminary Objection and direct that Plaintiffs submit a proper verification with the Second Amended Complaint.

We will enter an Order directing Plaintiffs’ submission of a Second Amended Complaint in accordance with this Opinion.

[1] The docket of this action reflects that Plaintiff Laurenzo’s new counsel has filed a Praecipe seeking to withdraw the Preliminary Objections, stating that an appropriate Verification has been filed.  (Praecipe to Withdraw Preliminary Objections, filed March 18, 2020).  Upon inquiry, the Court has been advised that this Praecipe was intended to be filed to the docket of another action pending in this Court which involves some of the same parties.  See T Frats, LLC v. Frederick Laurenzo and Frederick Real Estate, Inc. at No. 2019-02034.  Thus, these Preliminary Objections are still pending in this action.

 

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