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HomeMy WebLinkAbout07-1101COMMO'I~VEA TL H OF PENNSYLVANIA COURT OF COMMON PLEAS Cumberland County JUDICIAL DISTRICT FROM DISTRICT ,IUSTICE JUDGMENT COMMON PLEAS No. ~ ~ "' 1 `~' L~ ~-' ~L.~M. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST.NO. OR NAME OP D.J. David E. Dick 09-2-01 ADDRESS OF APPELLANT CITY STATE ZIP CODE 4 Mountain View Drive Carlisle PA 17103 DATE OF JUDOM ENT iN THE CASE OP (Pl~rnt~l/) I~YIYnd.in(f 1/29/07 N. N.Liddleton Twp. Vol. Fire Co. v. ,Ravid E. Dick CLAIM NO. SIGNATURE OP /APPELLANT OR MIS ATTORNEY OR AGENT TA 19 ~-0000183-06 I , LT 19 This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDERS to the judgment for possession in this case. Signature of Prothonotary or NOTICE OF APPEAL if appellant was Claimant (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R. C.P.J. P. No. 1001(7) in action before District Justice. lF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon North Middleton 'I~ap. Vol. Fire Co. #1 appellee(s), to file a complaint in this appeal O ~ ~ ~ I © Na of appellees) (Common Pleas No. ` ~ C~`~~ - within twenty (20) days after service of- a or suffer entry of judgment of non pros. 'd'CfA'~- S~ ature of appellant or his attorney or agent RULE: To North Middleton 'Itap. Vol. Fire Co. ~r appellee(s) Name of appellee(sl 11) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WI LL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. J ~ ^p~ ~~ //~~ ~ ~ Date: ~~`-" ' D~ , ~+9 oc~!~ / c5' Si ature of ton ary or Deputy QN~1-~ AOPC312-84 COURT FILE TO BE FILED WITH PROTHONOTARY ~. C'a ~ p r~ ~ L ~ -rr r ~ C:~ t. ~ ~ r W ~1 '~ ~ ~, t~: rr ~ °- e7~ A . ~ .. --i ~f~ -= ~ -C PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE B,OMPLAINT (This proof of service MUST BE FILED WITHIN FIVE (51 DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served ^ a copy of the Notice of Appeal, Common Pleas No. ,upon the District Justice designated therein on (date of service) 19 ^ by personal service ^ by (certified) (registered) rnail, sender's receipt attached hereto, and upon the appellee, (name) -- on _ 19 ^ by personal service ^ by (certified) (registered) mail, sender's receipt attached hereto. ^ and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appelleels) to whom the Rule was addressed on 19 ^ by personal service ^ by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 19 Signature of official before whom affidavit was made Signature of affiant Titfe of official My commission expires on 19 FE'1~=2.8-200't 01:56PM FROM-MANCKEWAGNERSPREHAM000ILLAN CQMMpNWEALTH OF PEta,-~•SYLVAIUTA COUNTY OF. CD~1~f2r.nur~ Map Dial. NO.; . 09~Z-OZ LID.I tiarre: Elon. PA,tT~ P , CO$8S71L aauress 22 ~0 SP)R~]!IG ~ 9III'J.`S ~3 ree~huna; (717 } 218-5250 ~7Q13-0000 n~vY~ g, pzlcc ~ ~omi>Er~x~ vz~ ~>rizve ~'sR2.YSLS, PA 19 0x.3 +717-234-7080 T-907 P.002/002 F-373 NOTIGE Gr JUDGiV1ENTITRANSCRIPT CIViL CASE P!„AINTIFF: NAME ux: nDOFlFSs ~xo~tfis M=~zsro~ ~ vqL FTftB Cp ~~~ a o 61 9PftIbTG aaAn G~fitL=&TrB, PA 17013 ~ J YS. DEFENRANT: haNE anc aoaaes6 rDTC$r b,A.VIb 8 -l 4 1~013lQ'!"AIN V1F4~ DRIB CAELT,ZBL$~ 4A 77A7R L J. Docket No,: GY-t)OOtl183-06 bale Filed: 1af13/06 7HI$ l5 TO l+1IOTlFY YaU THAT: -`-' Judgment: ~~ >!?L~T~TT3'F (pate of Judgment) 1/29J07 Judgment vas entered far: (Name) >~o~TH MIDDY~ETO~ ~. VOA F=~ Judgmernt vlas entered 2geinst: (Name) plCg, DA'VZD ~ in the amount of $ 4 ~ 300 - b Q Defendants arv jointly and severally Gable. Damages will be assessed on Date a Time This Cass dismissed without prejudice;,. - a Amount of .!adamant Subjsct to Attachment/42 Pa-G.S. ~ 8~ 27 $-- Portion at Judgment fiar physical damages $rising out of residential lease ~ FostJucgmentCrLd;ts $ Pest Judgment Gosls $~ 'Certified Jud~mentTo~ta1 $ _ ANY RAATY HA5 THE RIGHT TO APPEAL WITHIN 3~ PAYS AFZ't:A THE ENTRY OF JUpGIdENT 8Y FILING A NOTICE OF APPEAL, WITH THE pROTHQNOTARYICLERK QF THE COURT OF CONM+~N RUEAS, CIYIL plVISION, YDU IItUST INCLUDE A COPY ¢F "rH1S NOTICE QF JUDGMEN7/TRANSCRIPT FOR11 WITW YOUR NOTICE pF APPEAL., ExcEpTgs OTHERWISE PROVInI:a IN THE RULES OF CIVIL. PROCEDURE FOR MAQESTERWL o1sTF11Cr,tuDGES, IP TwE JUDGEN1t;NTHOL.pER ELECTS Ta ENTER 7H~JUDGti'IENT IN THE CflUA'T t1F COM690N PL.Fr45, ALL FURTHER PROCESS MUST DOME FROM THE cOtlRT OF Cp1yMt}N PLEAS AND ND FURTHER PROCESS t(IfAYRte ISSUED BYTHF MAGISTERIar• DISTRIC'T'JUbGE•.- _.._ UNt.ESB THE aupGMENT tS ENTEREQ IN 71iE CDURT OFCOMMON PLEAS, ANYONE iNTERE5rEp IN THE JUDGMENT MAY FILE A REDDEST FOR ENTRY OF SATISFACTION WI7tl TWE INAGISTBpIAL DISTAiCrJUDGE IF THE J UDGMENT DEBTOF7 PAYS IN FULL, SETTLES, DR DTFEER4YlSE CdIYIFLIES WITFf TwQ J~JOGMENT. ,,~. , ~. Nlagisier" I~Disirjct~Judge - I cenlfy that ihls is:~a true and,catrect,~COpy.of the~recora of~the proe~eding; containing ih~;judtJmerit, - .~ ~ • =~. ~, ' Date ~ ~ , Pdaglsterlal olstrict Judge My commission expires first Monday al January, 20 iZ ,SEAL AOPC 315-OG n.A~~ Pastsat~$a: ~~zs/o7 ~ : a~ : oo ~>ss ' , j. t' r PROOF OF SERVICE OF NOTICE OF APPEAL. AND RULE TO Fii_E CO~,~PI_AINT (This {roc `of ser~~;ce MUS i BE RILFD WITHIN FNE (5/ DAYS AF-TER frlir~g the notice of ap/?eal. ChecK~ ap/3licable boxed COMMONWEALTH OF PENNSYLVANIA COUNTY OF ,'~~~t ; ss AFFIDAVIT : I hereby swear or affirrl~ that I served rl - !/d/ a copy of the Notice of Appea Common Pleas No. ~ upon the District ,Justice designated therein on y-~ (date ofserviceJ ~, 1 ~, ~ by personal service by (eertifiedl (registered) mail, sender's receipt attached Hereto, and upon the appellee, (narne)~ __ ~ , 1,~_~..^ by personal service ~~hy (certified) (registered) rnal, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice cf Appeal upon the appeliee(s) to whorm the Rule was addressed on ~Jl -, ~ ~.~ ~ by personal service ~by (certified) (reyistered) mail, sender's receipt attached hereto. :SWORN 1A~IRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , ~~~ . ~~ Signature of official b_fore whom ffidavit was made Ti tle ~ f official ~I My commission expires on ~____~. .__ ~. w }<'~13r'c: n ~`~snTof f', C'~`.5~i3r~/ f u~ii laityClEH ntsh~s~s,DauphinCounty { l ,; «!nmr~~ ~r~ F~xprres Sep' 2ClCJ~ .. ,._ .... p a.._1 .. ~~~ Signature of affiant C'? ~ C:., ~ -r7 --t - ~~, ~ --~ m ~~~a { '~ ~ y , ~ -r, „~ ~3 t_,. ~m ~~~ ...~+ NOTICE OF APPEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS FROM Cia~rberland Cvtmtg= JUDICIAL DISTRICT DISTRICT .IUSTICE JUDGMENT COMMON PLEAS No. ~ ~ ...P ~ 1 (J~ ~.t "~~ ~ ~C'f/V~. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rgndered by the District Justice on the date and in the case mentioned below, rvgmE or- grrE LLArvT MA6. DIET. NO. OR NAM 1.,AP D.J. David. E. Dick 09-2--01 ADDRESS OF APPELLANT CITY STATE ZIP CODE 4 Mannta3n view Drive carlir~ PA 17103 DATE OF JU D6M ENT IN THE CASE OF rr,;,rntrrll lUC~rnh~n tl 1~29/Q7 Isl. N11.C~Z.~1 ~. VOA.. Fare Cfl. V. YI7aV1C~ E. DZCk CLAIM NO. 516NATURE OP/.PPELLANT OR HIS ATTORNEY OR AGENT TA 19 CtT-00001$3-06 I rr/' 4/" LT ~19 This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDERS to the judgment for possession in this case. Signature of Prothonotary or Deputy /f appellant was Claimant (see Pa. R. C.P.J. P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20/ days after filing his NOTI`~~ Hof APPEAL. PRAECIPE TO ENTER R`UL,~ TIOFILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT-(see, Pa. R. C.P.J. R: No. 1001(7) in action before Dis-trictJustice. IF NOT USED, detach frgm copy of notiee of adpeal tp be ~pryedrupon,appelleel. ' PRAECIPE: To Prothonotary ; ~' Enter rule u on Nort11 I~.i`rldleton ~~' y~`~ F~'e ~~ #1 a p ppellee(s), to file a complaint in this appeal Nam of appeNee~l ` ' ` D'~7 -!J ~ ~,y, (Common Pleas No. y~ G- ~ ~ )within twenty (20) days after service o e or suffer entry of judgment of non pros. "~~,/N~- ATOrtYl M.ldl~1@trUT1 VOl. I~`ire (~. ~~, atgre"o ,appellant or his attdrnQy or agent RULE: To , appellees) Name of appelfee(sl .,. ? _.. _ (1) You are notified that a rule is hereby entered upon you to file a complaint in this appea( within twenty 120) days after' fihe"da~~te of service of this rule: upon you by personal service or by certified or registered .mail. (2) tf you do not file a complaiht within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: ~{~• ~~ t9 ~~ S Li~~G'"'r + S' ature of ion ry or Deputy Qcy ~f A • ~ • ^^ W ~ , ^ ~ ^ t Y m m Postage $ , 'Jy ~ Certlfled Fee ~ LiD 0 ~ Postmark p Retum Receipt Fee ' Here ~ (Endoreemerd Required) f ~ 8 5 p Restricted Delvery Fee ~ (Endorsement Required) r~ ~ Totai Postage & Fees $ ~ `p %1 / 3 or PO BoxNo.. ~?ril SP `~: Btate. ~~.` ~'a~.~ poi :,, .~ ~, , . m Postage $ 3q rl Certlfled Fee ~' ~ p Postmark p Retum Receipt Fee p ~ Here O (Endorsement Required) `' O p ~ Restricted Delivery Fes (Enrbrsement Required) , rl rl TOtal Postage & Fees $ ~ r Q ,) ~~ j µ or PO Box No. O~'D ------------------~1 =-.. ---- .._....-------------- -------- ~,~ ~~ ai :. IN THE COURT OF COMMON PLEAS OF THE 9T".JUDICIAL DISTRICT OF THE COMMONWEALTH OF PENNSYLVANIA- CUMBERLAND COUNTY North Middleton Township Volunteer : CIVIL ACTION-LAW Fire Co. No. 1 (NMTVFD #1) Plaintiff v. No. 07-1101 Civil Term David E. Dick, Defendant NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claim set forth in the following pages, you must take action by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections. You are warned that if you fail to do so the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim of relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR THE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Telephone (717) 249-3166 or 800-990-9108 IN THE COURT OF COMMON PLEAS OF THE 9T"JUDICIAL DISTRICT OF THE COMMONWEALTH OF PENNSYLVANIA- CUMBERLAND COUNTY North Middleton Township Volunteer : CIVIL ACTION-LAW Fire Co. No. 1 (NMTVFD # 1) Plaintiff v. No. 07-1101 Civil Term David E. Dick, Defendant COMPLAINT AND NOW, comes the Plaintiff, North Middleton Township Volunteer Fire Company No. 1, by and through its attorney, David R. Yoder, and respectfully represents that: Factual and Jurisdictional Back rg ound 1. The plaintiff North Middleton Township Volunteer Fire Company No. 1 (the Fire Company) is anot-for-profit association, organized under the laws of the Commonwealth of Pennsylvania, with a principal business address of 2061 Spring Road, North Middleton Township, Carlisle, Cumberland County, Pennsylvania. 2. The defendant, David E. Dick, is a sui juris adult individual, living or having his primary residence at 4 Mountainview Drive, Carlisle, Cumberland County, Pennsylvania. 3. Throughout the entire period covered by the events laid forth below, Defendant was a full voting member of the Fire Company. 4. During the course of his membership, the Fire Company issued Defendant certain items of personal property to be utilized in the course of responding to fire calls, training, or other activities, namely, afire-resistant coat with reflective trim, afire-resistant pair of pants with attached suspenders and reflective trim, a NomexT"" hood, a fire helmet, a pair offire-resistant gloves, and a pair of fire boots, hereinafter this set of items shall be called collectively "fire gear". 5. The Fire Company also issued a set of fire gear to Steaphan T. Strick, who is the Defendant's stepson, a minor at the time of issuance, and for whom the Defendant has asserted responsibility. 6. This fire gear is the property of the Fire Company. 7. Defendant has admitted on several occasions that he retains the fire gear. 8. On or about September 22, 2006, the line officers of the Fire Company initiated a recall of gear from members, including the Defendant and Steaphan, who had not responded to a minimum number of calls. 9. The recall was done by letter, addressed to the Defendant at the above address, and sent by first class mail; the letter was not returned. 10. Defendant did not respond directly to this letter. 11. The Fire Company sent a second demand for the return of the gear, on or about November 28, 2006, giving the Defendant ten (10) days to arrange the return of the two (2) sets of gear, giving the replacement value of the gear as $4,186.00, and warning the Defendant that failing to return the gear would result in legal action against him. 12. This letter was sent by both first class mail, and by certified mail with return receipt requested.The certified mail was returned unclaimed, but the first class letter was not returned. 13. Defendant sent a letter, referring to a demand by referencing the date of a letter sent by the Fire company on or about November 5, 2006, apparently in response, but raising unrelated matters. 14. At no time in this response, or before or afterward, did Defendant dispute his possession of the fire gear, the right of the Fire Company to demand its return, or his receipt of the two demands. Count 1: Conversion 15. Paragraphs 1 through 14 are hereby incorporated by reference as if fully set forth. 16. Defendant failed to return the fire gear when ordered to do so. 17. Defendant was aware of the order to return the fire gear. 18. Defendant has no individual or corporate right to retain the gear. 19. Defendant, despite the opportunity to do so, has never disputed that the Fire Company is the owner of the fire gear, or the replacement value thereof. WHEREFORE, Plaintiff, the Fire Company, respectfully prays this Honorable Court to enter an Order finding Defendant liable for the replacement value of the fire gear, namely, $4,186.00 plus any special damages, fees, and costs, andlor grant such other relief as the Court deems just. Count 2: Replevin 20. Paragraphs 1 through 19 are hereby incorporated by reference as if fully set forth. 21. In the alternative to Count 1, the Fire Company desires the return of the exact items issued. 22. These items remain wrongfully in the possession of the Defendant. 23. The Fire Company does not desire that the Court hold the items during the pendency of the case, rendering a bond unnecessary. 24. The Fire Company is uncertain of the condition of the fire gear WHEREFORE, the Plaintiff, the Fire Company, respectfully prays this Honorable Court to enter an Order requiring the Defendant to return both sets of fire gear in good condition to the Fire Company, pay special damages, fees, and costs associated with such suit, and/ or grant such other relief as the Court deems just. Count 3-Breach of Bailment 25. Paragraphs 1 through 24 are hereby incorporated by reference as if fully set forth. 26. The fire gear was and remains the personal property of the Fire Company. 27. Defendant received the fire gear from the Fire Company pursuant to an express or implied agreement that the Fire Gear would be used for the purpose of participating in fire suppression, training, and other activities. 28. The delivery of the fire gear was for the mutual benefit of both Defendant and the Fire Company. 29. Defendant failed to use the Fire Gear for the purposes set forth above by failing to participate in a minimum number of activities. 30. Demand for the return of the property was legitimately made and refused. 31. The Defendant has no individual or corporate right to retain the fire gear, nor has he asserted any. 32. Pursuant to Pennsylvania law, Defendant must either produce the fire gear in condition, or account for the loss. Defendant has done neither. 33. 34. The Fire Company has incurred special damages as a result of Defendant's unlawful detention of the gear, to wit, postage, office supplies, attorneys' fees, court costs at this and lower courts, and the like, the total of which is currently unknown, but for which the Fire Company requests judgment for reimbursement. WHEREFORE, Plaintiff, the Fire Company, respectfully prays this Honorable Court to enter an Order finding Defendant liable for the replacement value of the fire gear, namely, $4,186.00, in addition to all special damages, plus fees and costs, return the fire gear in good condition, and/or grant such other relief as the Court deems just. Respectfully submitted, David R. Y r, Pa. Att'y 76281 Attorney for Plaintiff P.O. Box 215 Carlisle, PA 17013 Telephone: (717) 571-2088 VERIFICATION I hereby verify that the statements made in the within document are true and correct to the best of my knowledge, with certain of the statements being made with my own personal knowledge, and others being made upon information and belief. I have made all assertions herein pursuant to the provisions of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: '/ y o ti ~l~iG~.w ~ ~~~s+~-~ Shawn Brickner, Chief N. Middleton Twp. VFCo. No.l ~._'~ ~..~ ~ O cam;,. _._, ~ ~~~' + ~ _r_, r` l_ ~ ~,, c`: ~" . ~' y ~~ N ~ ...: Ct? NORTH NIIDDLETON TOWNSHIP VOLUNTEER FIRE CO. NO. 1 (NMTVFD# 1) Plaintiff, v. DAVID E. DICK, Defendant. TO: NMTVFD#1 c/o David R. Yoder, Esquire P.O. Box 215 Cazlisle, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 07-1101 CIVIL TERM CIVIL ACTION -LAW NOTICE TO PLEAD You are hereby notified to plead to the within document within twenty (20) days after service hereof, or a default judgment may be entered against you. Respectfully submitted, Mancke, Wagner, Spreha & McQuillan agner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorney for Defendant DATE: -ii o3 (P 0 NORTH MIDDLETON TOWNSHIP VOLUNTEER FIRE CO. NO. 1 (NMTVFD# 1) Plaintiff, v. DAVID E. DICK, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 07-1101 CIVIL TERM CIVIL ACTION -LAW ANSWER WITH COUNTER-CLAIM ANSWER AND NOW, comes the Defendant, David E. Dick, by and through his attorneys, Mancke, Wagner, Spreha & McQuillan, and files the following Answer: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted, except the Nomex hood and fire-resistant gloves are denied to belong to the Plaintiff as they are the property of the Defendant. , 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Denied. It is denied that the replacement value of the gear is $4,186.00, and it is further denied that two (2) sets of geaz are the responsibility of the Defendant. 12. Admitted. 13. Admitted. By way of further answer, the Plaintiff has retained a recorder that belongs to the Blind Association. 14. Denied. It is denied that the Defendant did not dispute the possession of the geaz. COUNT I: CONVERSION 15. Answers 1 through 14 above are incorporated herein by reference and made a part hereof. 16. Admitted in part, but it is denied that the Defendant is required to return geaz that belongs to another. 17. Admitted. 18. Admitted in part. It is denied, however, that the gloves and Nomex hood belong to the fire company. 19. Admitted, however, it is expressly denied that there was ever a responsibility to dispute the same. WHEREFORE, Defendant requests the Court to dismiss Count 1 of Plaintiff's Complaint. -2- COUNT 2: REPLEVIN 20. Answers to paragraphs 1 through 19 above are incorporated herein by reference and made a part hereof. 21. Admitted. 22. Denied. It is denied that the items are wrongfully in the possession of the Defendant. 23. Admitted. 24. Defendant has no knowledge to form a belief as to what the fire company is aware, therefore, the same is denied and strict proof is demanded at the time of trial. WHEREFORE, Defendant requests the Court to dismiss Count 2 of Plaintiff s Complaint. COUNT 3 -BREACH OF BAILMENT 25. Answers to paragraphs 1 through 24 above are incorporated herein by reference and made a part hereof. 26. Denied. It is denied that the fire gear is the property of the Plaintiff. 27. Denied. It is denied that the Defendant received the gear as part of a bailment or implied agreement. 28. Admitted. 29. Denied. It is denied that the Defendant has failed to use the gear for purposes set forth. -3- 30. Admitted in part. It is admitted that demand was made, however, it is denied that the Defendant wrongfully refused to return the property. 31. Denied. It is denied that Defendant has no individual right to retain the gear. 32. No answer is required as this is a conclusion of law. 33. Defendant is unable to form an answer to the averment contained in paragraph 33 of Plaintiff s Complaint, therefore the same is denied. 34. Denied. It is denied that the Fire Company has incurred special damages in the form of postage, office supplies, attorneys' fees, and court costs, therefore, the same is denied. WHEREFORE, Defendant requests this Court to dismiss Count 3 of Plaintiff s Complaint. COUNTER-CLAIM 35. Paragraphs 1 through 34 above aze incorporated herein by reference and made a part hereof. 36. At all time relevant hereto, the Plaintiff has been in possession of a recorder that does not belong to the Plaintiff. 37. To the extent that the Defendant is incurring costs to defend an action against Steaphan T. Strict for which Defendant has no obligation, Defendant seeks counsel fees in defending an action in which Steaphan T. Strict is not joined. -4- WHEREFORE, Defendant requests the Court to grant his relief as requested. Respectfully submitted, Mancke, Wagner, Spreha & McQuillan P. ,Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Defendant Date: y ~ ~ D -5- CERTIFICATE OF SERVICE I, Debra K. Spinner, secretary in the law firm of Mancke, Wagner & Spreha, do hereby certify that I am this day serving a copy of the foregoing document to the following persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States Mail, Hamsburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: David R. Yoder, Esquire P.O. Box 215 Carlisle, PA 17013 By Debra K. Spinner, ecretary Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorney for Defendant Date: ~ ~ ~ G ~ C":? ~i -M]f tom` , ~ --r-' ~ 1 r`~ t ~ "C"a ~ . ~ U :s . ~ } ~. -. '~ -r s ~._ ' q'k ~ {'} w.~ ~.~ .!, r IN THE COURT OF COMMON PLEAS OF THE 9T"JUDICIAL DISTRICT OF THE COMMONWEALTH OF PENNSYLVANIA- CUMBERLAND COUNTY North Middleton Township Volunteer Fire Co. No. 1 (NMTVFD #1) Plaintiff v. David E. Dick, Defendant CIVIL ACTION-LAW No. 07-1101 Civil Term Certificate of Service- Complaint On the date indicated below, I, David R. Yoder, as attorney for Donelle J. Windhorst, served upon Richard Wagner, Esquire, attorney for David Dick, defendant herein, a document entitled: Complaint by personally placing a copy of said document by hand delivery into the physical possession of an employee of Mr. Wagner's firm, located at 2233 North Front Street, Harrisburg, Pennsylvania on the date indicated below. Date David R. Yoder Counsel for Plainti Pa. Att'y I.D. # 76281 P.O. Box 215 Carlisle, PA 17013 (717) 571-2088 ~ ° Q _ ~"= ~ -n 1 -n .'x3 ~ (_.) F :~ c _ ~ .w+ _i , Jr: ~` N ^°S VERIFICATION I verify that the statements made in the foregoing document aze true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ___ .~'T` DATE: ~ ~~ C'3 C r.a ~ ~ '~rr r .-~ ~~+ _ ...ae ~~ - - i _, ~ ~ ^ `"' {-`~ ~: ~ } CA orerG~~v~ ~ IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF THE COMMONWEALTH OF PENNSYLVANIA- CUMBERLAND COUNTY North Middleton Township Volunteer CIVIL ACTION-LAW Fire Co. No. 1 (NMTVFD #1), Plaintiff v. No. 07-1101 Civil Term David E. Dick, Defendant NOTICE TO PLEAD TO: David E. Dick, clo P. Richard Wagner, Esquire You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, `%f~ David R. Yoder Attorney for Plain iff Pa. Att'y I.D. # 76281 P.O. Box 215 Carlisle, PA 17013 Telephone: (717) 571-2088 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF THE COMMONWEALTH OF PENNSYLVANIA- CUMBERLAND COUNTY North Middleton Township Volunteer CIVIL ACTION-LAW Fire Co. No. 1 (NMTVFD #1), Plaintiff v. No. 07-1101 Civil Term David E. Dick, Defendant Preliminary Obiections by Plaintiff to Defendant's Answer and Counterclaim AND NOW, COMES the Plaintiff, North Middleton Township Volunteer Fire Company No. 1 (Fire Company), by and through its attorney, David R. Yoder, and respectfully objects to Defendant's Answer and Counterclaim as follows: 1. Failure to conform Answer and Counter claim to law or rule Pa. R. Civ. P. 1028(a)(2) by failing to attach Verification to Answer and Counterclaim as required by Pa. R. Civ. P. 1024. Although a document styled "Verification" allegedly signed by Defendant on Apri124 was filed separately on Apri130, 2007, this document does not specifically reference the Answer and Counterclaim, and instead simply references "the foregoing document"; however, no other document is attached. Wherefore Plaintiff Respectfully requests this Honorable Court to order a proper verification to be attached to the Answer and Counterclaim, or to order the Answer and Counterclaim stricken in its entirety. 2. Nonjoinder of a necessary party, Pa. R. Civ. P. 1028(a)(5), or in the alternative, failure to conform Answer and Counterclaim to law or rule, Pa. R. Civ. P. 1028(a)(2). Answer and Counterclaim throughout refers to a person, allegedly a defendant or other interested party named "Steaphan T. Strict", although the Complaint does not name any such person. Wherefore Plaintiff respectfully requests this Honorable Court to order Defendant to join Steaphan T. Strict, or to order that the name "Steaphan T. Strict" to be stricken from throughout the Answer and Counterclaim. 3. Legal insufficiency of a pleading, Pa. R. Civ. P. 1028(a)(4), or in the alternative, lack of capacity to sue, Pa. R. Civ. P. 1028(a)(5), by adding a curious paragraph 36, referencing a "recorder" as in the possession of the Fire Company but raising no relief to which Defendant would be entitled as a result (the possession of such "recorder", whether a mechanical device or musical instrument or other object, is neither admitted or denied). Wherefore Plaintiff requests this Honorable Court to strike paragraph 36 in its entirety. 4. Legal insufficiency of a pleading, Pa. R. Civ. P. 1028(a)(4), in that paragraph 37 requests counsel fees and costs for defending claims involving the anomalous "Steaphan T. Strict" (see no. 2, above), but failing to base this requested relief upon any grounds for which such relief could be granted. Wherefore Plaintiff requests this Honorable Court to strike Paragraph 37 from the Answer and Counterclaim. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant such relief as is requested above, or such other relief as the Court finds just. Respectfully submitted, ' ' i~/ David R. Y er, Pa. Att'y 76281 Attorney for Plaintiff P.O. Box 215 Carlisle, PA 17013 Telephone: (717) 571-2088 r-s tJ d- a • L..7 ~ a r= ~ ` ~r ~~, ';, ~_ ` ~ ~, p y ~..~ ;~~~ " - ? ~ ; , ~ , r ~ .. t:.~ ~. •~ ~ IN THE COURT OF COMMON PLEAS OF THE 9T"JUDICIAL DISTRICT OF THE COMMONWEALTH OF PENNSYLVANIA- CUMBERWND COUNTY North Middleton Township Volunteer Fire Co. No. 1 (NMTVFD #1) Plaintiff CIVIL ACTION-LAW v. David E. Dick, Defendant No. 07-1101 Civil Term Certificate of Service- Preliminary Objections On the date indicated below, I, David R. Yoder, as attorney for Donelle J. Windhorst, served upon Richard Wagner, Esquire, attorney for David Dick, defendant herein, a document entitled: Preliminary Objections by Plaintiff to Defendant's Answer and Counterclaim by mailing by United States Postal Service first-class mail a copy of said document to P. Richard Wagner, located at 2233 North Front Street, Harrisburg, Pennsylvania on the date indicated below. i~~ S•~Z_~~ Date David R. Yoder Counsel for Plainti Pa. Att'y I.D. # 76281 P.O. Box 215 Carlisle, PA 17013 (717) 571-2088 C'~ .~~- O ~ -r~ j:~ -c =-~~ ~- ? n n ~.- ~; tf) .. ~~ e^.y 5.-/ ~^~1 f .,,: t._.F i "ti: ;... `t' ~;a r' ~ % C7 .r;;.. ~.. .~ ~~ ~~ ~