HomeMy WebLinkAbout01-1448 FX
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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
NOTICE OF APPEAL
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
,
COMMON PLEAS No. 01-1 '-i '-I? (./ \,; I
NOTICE OF APPEAL 3-13-0 I
Notice is given tho,t 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. D1ST. NQ,OR NAME OF o.J.
David Richardson
ADDRESS OF APPElLANT
OTY
Susan K Da
STATE
ZIP CODE
297 Richland Road
DATE OF JU~T IN THE CASE OF (Plaintiff)
(Defendant)
03/08/01
UAIM NO.
McKeehan
If appelfant wasCLAIMANT (see Pa. R.CP.JP. No.
1001 (6) inaction before District Justice, he MUST
fiLE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
CV 1$1
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,~~W OQOOO'i1 01
This block will be signed bNLY when this notation is required under Po. R:CPJ,P, NO.
1008B.," , " '
This Notice of "Appeal. wh,m received by the District 'Justice. will operafe CIs a
SUPERSEDEAS.", thejU merit for' Possessiori ik this case;
PRAECIPE TO ENTER RULE TO fiLE COMPLAINT AND RULE TO FILE
(This sectiOn o14orm to be used ONLY when appellant was DEFENDANT (see Pa. HCP.JP. No. 1001 (7) in action before District Justice,
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: Ta Prothonotary
(Common Pleas No.
01- fLlY?
Don McKeehan
Name of appe/Jee(s)
, appellee(s).
Enter rule upon
RULE: To
Don McKeehan
Name of appe!fee(s)
(1) You are notified that a rule is hereby entered upon you ta file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service ar by certified or registered mail
(2) If you do not file a complaint within this time. a JUDGMENT OF NONPROS WILL 8E ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.. /J.. . ~ .... ........ .J '._ . .
/3-01 ~ ~t!?l ~_
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Date:
AOPC 312-84
COURT FILE TO BE fiLED WITH PROTHONO';'ARY
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULET.O FILE COMPLAINT
COMMONWEALTH OF PENNSYLVANIA
(TI.is proof of service MUST BE Ff~ED WITHfN TEN (10) DA YS AFTER filing the notice of appeaf, Check appflcable boxes)
COUNTY OF ; ss
AFI=IDA VIT: I herebi swear or affirm that I served
o a copy of the Notice 01 Appeal. Common Pleas No, , upon the District Justice designated therein on
(date of service! ' . ,19_, 0 by personal service Dby (certilied) (regisfe.'tid) mail"sender's
receipt attached hereto, and upon the appellee, (name) . " , on
,19' n by personal service.D by (certilie,d) (r~gistered) mail.se,nder's receipt attached h~reto,
[J and_f~rther_that I served the__Rule to File a Complaint accomp~nying the,abo've_N~.t,i~e of App~al,upon the appell~,e(:;;) towhom
trle Rule was addressed on _ , 19_~ 0 by personal service 0 by (certilied) (registered)
mail, sender's receipt attached hereto.
THIS ___DAY OF_
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
,19_
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-Signq,ture of affiant
Sigmlture of official before whom affidavit was made
Title of 'official
My,(:ommissibn expif~s'_on
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-3-03
NOTICE OF JUDGMENTITRANSCRIPT
PLAINTIFF' RESIDENTIAL LEASE
rij. NAME and ADDRESS
MCKEEHAN, DON I
219 MOOREDALE RD.
CARLISLE, PA 17013
L ~
Mag. Dist. No.:
DJ Name: Hon.
Address:
SUSAN K. DAY
229 MILL STREET, BOX 167
NT. HOLLY SPRINGS, PA
T",ph'" (717) 486-7672 17065
DEFENDANT: NAME and ADDRESS
'RICHARDSON, DAVE 6< RICHARDSON, DAvE
297 RICHLAND RD.
CARLISLE, PA 17013
L ~
Docket No.: LT- 0000051- 01
Date Filed: 2/26/01
VS.
DAVE RICHARDSON, DEF. 1 ETAL
297 RICHLAND RD.
CARLISLE, PA 17013
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
[!] Judgment was entered for: (Name) MCKEEHAN, DON
r::l Judgment was entered against RICHARDSON, DAVE & RICHARDSON, DAVE in a
i.XJ Landlord/Tenant action in the amount of $ 92.63 on 3/08/01 (Date of Judgment)
The amount of rent per month, as established by the District Justice, is $ .00.
The totai amount of the Security Deposit is $ .00
. Total Amount Established by OJ Less' Security Deposit Apo.liSld ; Adjudicated Amou8b
Rent In Arrears $ .00 - $ . uo ; $ .
Physical Damages Leasehold Property $ . 00 $ . 00 $ . 00
Damages/Unjust Detention $ 00 - $ _ 00 $ _ 00
Less Amt Due Defendant from Cross Complaint - $ .00
Interest (if provided by lease) $ 00
UT Judgment Amount $ 00
Judgment Costs $ 92.63
Attorney Fees $ 00
Total Judgment $ 92.63
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
Ime 0 eVlc Ion.
D Defendants are jointly and severally liable.
D
D
[!]
Attachment Prohibited/
Victim of Abuse (Act 5, 1996)
This case dismissed without prejudice.
Possession granted.
D
D
D
D
Possession granted if money judgment is no sa IS Ie
Possession not granted.
Levy is stayed for days or D generally stayed.
Objection to Levy has been filed and hearing will be held:
Date:
Place:
Time:
IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN
TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS
OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN
ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF
THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED.
IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS
30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO ILE A N TICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF
COURTS OF THE COURT OF COMMON '" CIVIL DIVISION.
THE PARTY FILING AN APPEAL MUSl: NCLU A COPY OF T UDGMENTITRANSCRIPT FORM WITH THE NOTICE OF APPEAL.
, District Justice
Ings containing t e JU gment.
. District Justice
My commission expires first Monday of January, 2004.
Anpr: :'11 f;A.q~
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DON MCKEEHAN,
Plaintiff
v.
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 01- CIVIL TERM
DAVID RICHARDSON,
Defendant
PRAECIPE TO PROCEED IN FORMA PAUPERIS
TO THE PROTHONOTARY:
Kindly allow David Richardson, Defendant, to proceed in forma pauperis.
I, Ron Turo, Esquire, attorney for the party proceeding in forma pauoeris, certify
that I believe the party is unable to pay the costs and that I am providing free legal
services to the party. The party's Affidavit showing inability to pay the costs of litigation
is attached hereto.
sJ3~ /
Date .
Respectfully Submitted
TURO LAW OFFICES
~/
Ron Turo, Esquire
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Defendant
II
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~ILE No.773 03/13 '01 10:52
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lD : LEGAL SERV! tES , I Nt .
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FAX:7172438026
PAGE 3
DOIlJ /Vte- h.e-e L O~
Flaintiff
! ; IN THE COURT OF COMMON PLEAS OF
VS,
'[;:ce t/ / (/ (2 .cJ.c;bt'l r?ef:;;-ant
I'
: CUMBERLAND COUNTY, PENNSYLVANIA
,
, .
i : NO,
CIVIL TERM
AFFIDA VIT IN SUPPORT OF PETITION
FOR LEAVE TO PRQCEED IN FORMA PAUPE~l.S
I. I am the fJpfev.ilJrn the above matteir and because of my financial condition am unable to pay
the fees and costs of prosecuting, defending, or appealing the action or proceeding.
2, I am unable to obtain funds from anyone, including my family and associates, to pay the costs of
litigation.
3. I represent that the information below relating to my ability to pay the fees and costs is tnle and
correct.
Address:
I
_OA \/ loA. RI' c.,~rdc..p~c>w
.z?'7 Rr'Gh~N/;ecl C4,e/~C
,
I
(a) Name:
(b) Social Security Number: / /57 ~~ #375-'
If you are presently employed, state , / A
~ Employer; Ai 0 f I? V// II (ojU {z/
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Address;
Salary or wages per month:
Type of work:
/'
If you are presently unemployed, state
-:-.d II"'" J c:c; /
Date of last employment: I )/T /lJ 0- /.
Salary or wages per month: l6?a~ /IVlDv Y-t,
Type of work; '-{'br""1 h. ~...K?
-lD:LEGrL SER~lCES:l~C._
~ FlLE No. 773 03/13 '0110:53
. .
(c) Other income within the past twelve months
Business or profession:
Other self-employment:
interest:
Dividends:
Pension and annuities:
Social Security benefits:
Support payments:
Disability payments:
Unemployment compensation and
supplemental benefits:
Workman's compensation:
Public Assistance:
Other:
FAX: 7172438026
PAGE 4
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(d) Other contributions to household SIlPp~t. (
(Wife)(Husband) Name: Cot"-Le f2-~~;?".f~..- IV Cevv ) I:t
If your (husband) (wife) is employed, state h oyJ'" {- q ( 5 e'A. t""t!? _
Employer: F .Frs / J.. <- J-. tJO /
Salary or wages per mon tll:
Type of work: _
Contributions from children:
(el Property owned
Cash: 0
Checking Account: dc;.- c;?()
JiP _ Ii 1)
Savinas Account: Z.?
Certificates of Deposit:
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FAX: 'i'17~4~8026
PAGE 5
Real Estate (including home):
}JOIl<--t..
.
MOlor vehicle: Make ChcL Year If 7
,/ ,
COSI /50C>. Amount owed D
Va
Stocks; bonds:
Other:
(f) Debts and obligations
Mortgage:
Rent:
Loans;
C 4t Y-vJ __
Monthly Expenses:
(g) Persons dependent upon you for support
S(HUsband) Name: CA1/'fE f!.'<..J-.llep.><I"I
Children, if any:
Name; .PA v j C'
Age: Z)
4. I understand thai I have a conlinuing obligation to inform the court of improvement in my
financial circumstances which would permit me to pay the costs incurred herein.
5. I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relaUng to unsworn falsification to
authorities.
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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
NOTICE OF APPEAL
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 01-;1../ '18 (,,~; I
NOTICE OF APPEAL 3 -1"3-0 f
t'jotice is given that the appellant has filed in the above Court of Common Pleas pn appeal from the judgment rendered by the District. Justice on the
date and in the case mentioned belov.< '
-.,,;-::;: .
MAG'-DIST. NQ OR NAME OF D..L
Of APPELLANT
Oaviil Richardson
ADDRESS OF APPEllANT
CITY'
susan K. Ua
STATE
ZIP CODe
297 RiCh_and Road
DATE OF UDGMENT IN T1-IE CASE OF (Plaintiff)
.\ (Defe<>d8n;)
c
03/0a/Ol McKeehan ~ Rich
CLA"" NO. ~; 11; tfOJm,~rjf',... ~GNATU" <IF API'E~AN aR HIS ATTORNEY OR A~ ~ ~ _
~~~~~ck will be sigried(}NtYwh~P?is;;;P~li~,\isreq~~\lnder Po. RCPJ.,. No:jf appe/lfi'lt was C,f,_AIMANT (sef'JPa. R.CP.JP. No.
This Notfc~ af Appedl,. when recOi.)edbythi.Districtius~~...,-":,*i11 aiJerate ibs a; 1;001 (6 Jiti.'i1ctiori"before fJisttici.Justice, he MUST
SUPER~Q&\SJ~th~. jlJd. I1t for poss . . 'n'n.this'ca fll.;Ei A COMPLAINT within tWenty (20) days after
',.\."
fi/ingbis NOTICE of APPEAL
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PR~ECI~ETO ENTER RULE TO FILE CO,,^P~~!IIT,A~~RULE TO FIL.E
(This section altoon to be used ONLY When' 'appellant was DEFENDANT (see Pa. R.c:p~j'p. No. 1 OOH 7 Hn action before District Justice,
" '- , , !: '.... -' -, -
IF NOT USED, detach from copy of notice ofafJpealto.be served upon appellee). .
PRAECIPE: To Prothonotary
(Common Pleas No.
Of- I\:.iLIY
Don McKeehan
Name of appellee{s)
ellee(s), to. file. a camplaint,' thisappe,al
Enter rule upon
RULE: To
DonMcKee~n
Nairle of appeflee(s)
, appellee(s)..
.
(1) Yau are notified that.a rule is hereby entered upon you to file a complaint intl)is appeal within twenty (20) days after the date of
service af this rule upon yoU by personal ,service or by certified or registered mail.' .
(2)11 you do. not file a camplaint w~hin this time, a JUDGMENT OF NON' PROS' WILL BE ENTERED AGAINST YOl)o
(3) The date af service of this rule if service was by mail is the date af mailing. . . . 1. . '."
3-13-01 '~_'. . ..,f~/If ~~_Yor~
Date:
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NJPC 312-84
COURT FILE
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F'ROO~-Ofc$.EQYICE OF NOTICE OF APPEALAND RULE TOFILECOMPLAI.N'r
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(This proof of service MUSTBE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. Check ,applicable boxes)
, ;'
COMMONWEALTH OF PENNSYLVANIA
C~UN;~OF "(lIJit4iJpFUf1JJ) ; ss
AFFIDAVIT: I hereby swear "r'alliim Ih~1 fServe~ .,
~a.c..".o. ..p. y. 0...1 t.h. e...,.NO...tic,~.. 0.. 1...A.#.pe..~.I'..1'. Yl.. m. m...on. ,p,le..a.s NO..' ~l- / iff?; , ,.u.po.n.'.'t.h~.Di~t:!Ct,,~ust.i~e..d.....~..si~nated. thel'ei". on
. . ....,. ~~r;j>~f~~~;~~:~)~d';~;e~::t. (ha~ty per~rr~~(l~~~rt1T!~!f~~!lIS~ered)c m~ll, sen(t,e~'~
, . ",PEttI/A. /If v.C~nbYiPerSenal service,.l8I. by4S:",r!i!j@,(re1ilist~red)rT)ail, S~q(W;srec,elpt attacl)e<;lhereto.
Aand lurther tpat I sel'ved Ihe Rule !o.!l~"'a Cpmp'l,a)~CCompan~~,above NoNce 01 Appeal ujilQ!llhe's eWllll(s) Ii') whom
the Rule was addressed on !l1//t:fl/'I ILL , 'tl\\ 0 ~~'servlc '. tifled) glstere,j)
mail, sender's receipt attached hereto , ~ ~/";.~ l ".
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JOHN R. MCKEEHAN and
DONALD MCKEEHAN
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
DAVID RICHARDSON
Defendant
: NO. 01-1448 CIVIL TERM
NOTICE TO DEFEND AND CLAIM RIGHTS
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 claim set forth against you. You are warned that if you fail to do so, the case
may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any
other claim or relief requested by the plaintiff. Y9U!J1ay lose money or property
or other rights important to you. .
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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JOHN R. MCKEEHAN and
DONALD MCKEEHAN
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 01-1448 CIVIL TERM
DAVID RICHARDSON
Defendant
COMPLAINT IN EJECTMENT
AND NOW, come the Plaintiffs, John R. McKeehan and Donald McKeehan. by and
through their attorney, Charles Rector, Esquire, and respectfully represent the following:
1. Plaintiff, John R. McKeehan, is an adult individual residing at 240
Mooredale Road, Carlisle, Cumberland County, Pennsylvania.
2. Plaintiff, Donald McKeehan, is an adult individual residing at 219
Mooredale Road, Carlisle, Cumberland County, Pennsylvania,
3. Defendant, David Richardson, is an adult individual residing at 297
Richland Road, Carlisle, Cumberland County, Pennsylvania.
4. Plaintiff, John R. McKeehan, is the lawful owner of the premises known
as 297 Richland Road, Carlisle, Cumberland County, Pennsylvania, and Plaintiff, Donald
McKeehan, acts as landlord to said premises.
5. On or about March 1999, a verbal agreement was entered into between
Plaintiffs and Defendant which included, inter alia, that Defendant would work on the
McKeehan farms and would be paid $400.00 per week. The parties further agreed that
as part of Defendant's employment, he would be permitted to reside in the above
described premises rent free.
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6. On January 25, 2001, Defendant discontinued all work for Plaintiffs and
was thereafter provided with a written notice to quit by Plaintiff, Donald McKeehan.
7. Defendant continues to refuse to work on the farms and in fact has not
done so, and further refuses to vacate the premises despite repeated requests, and a
formal written notice to quit.
WHEREFORE, Plaintiffs request that this Court enter judgment in favor of
Plaintiffs and against Defendant for possession of the premises herein described,
COUNT 11- LOSS OF RENTAL INCOME
8. Paragraphs 1 through 7 inclusive are incorporated herein by reference as
though here set forth at length.
9. Plaintiff demands damages in the amount of $800.00 per month from
January 25, 2001, to the date of hearing as and for the fair monthly rental value
equivalent of the subject premises.
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WHEREFORE, Plaintiffs request that your Honorable Court enter judgment
against Defendant for fair rental value in an amount to be determined.
Date:~1
RESPECTFU,.LL y, ::JD:
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Carles Rector. E quire
1104 Fernwo A enue, Ste. 203
Camp Hill, PA 17011-6912
(717) 761-8101
Attorney for Plaintiffs
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I verify that the statements made herein are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification to authorities.
Date:
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J n R. McKeehan
i verify that the statements made herein are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification to authorities.
Date:
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JOHN R. MCKEEHAN and
DONALD MCKEEHAN
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 01-1448 CIVIL TERM
DAVID RICHARDSON
Defendant
ACCEPTANCE OF SERVICE
I, Ron Turo, Esquire, counsel for the Defendant, David ichard on, accept
service of the Complaint in Ejectment, received on
and
certify that I am authorized to do so.
Ron Turo, Esquire
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JOHN R. MCKEEHAN and
DONALD MCKEEHAN,
Plaintiffs
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
:NO. 01-1448 CIVIL TERM
DAVID RICHARDSON,
Defendant
NOTICE TO PLEAD
TO: John R. McKeehan and
Donald McKeehan
c/o Charles Rector, Esquire
Law Office of Charles Rector
1104 Fernwood Avenue, Suite 203
Camp Hill, PA 17011
You are hereby notified to file a written response to the enclosed New Matter and
Counterclaim within twenty (20) days from service hereof or a judgment may be entered
against you.
Respectfully Submitted
TURO LAW OFFICES
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Date
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Ron Turo, Esquire
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Defendant
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JOHN R. MCKEEHAN and
DONALD MCKEEHAN,
Plaintiffs
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
:NO. 01-1448
CIVIL TERM
DAVID RICHARDSON,
Defendant
ANSWER AND NEW MATTER
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted and denied. It is admitted that the Defendant received a notice to quit
on or about January 25, 2001 but is denied that it was because he discontinued
all work for Plaintiffs and proof of the same is demanded at trial.
7. Denied. The Defendant does not refuse to work on the farms but has been
unable to work based on actions of the Plaintiffs and/or health concerns related
to health problems received from the conditions at the Plaintiff's farm.
8. No responsive pleading is required.
9. Neither admitted nor denied. The allegations in this paragraph are legal
conclusions to which no responsive pleading is required. If a responsive
pleading is required it is denied that the fair monthly rental value of the premises
is $800.00 or that the Defendant has any obligation to pay the same to the
Plaintiffs and proof of the same is demanded at trial.
WHEREFORE, the Defendant respectfully requests judgment in his favor and
against Plaintiffs.
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NEW MATTER
10. Defendant is the owner of 25 cattle, which Plaintiffs allowed him to house on the
farm as part of the Agreement and for which Defendant paid for feed even
though he provided all the care for the animals.
11. After Plaintiffs ordered Defendant to vacate the premises, Defendant attempted
to sell his cattle in order to obtain monies to obtain a new residence including a
security deposit and first months rent
12. When Defendant went to obtain the cattle he was refused entry to the barns and
enclosures where the cattle were kept, ordered off the premises, and not allowed
legal access to his property.
13. Plaintiff's actions have specifically denied the Defendant access to his property
and consequently he is entitled to receive the fair market value of these animals,
which have been wrongfully withheld from him.
COUNTERCLAIM
COUNT I
CONVERSION
14. Plaintiffs have negligently, wantonly, and intentionally withheld from the
Defendant 25 cattle without legal justification and in violation of his rights of
ownership causing the Defendant to loose a sum in excess of $25,000.00.
!' 15. This conversion of his cattle amounted to a theft of personal property which theft
has unlawfully deprived the Defendant of his rightful property in a sum of excess
of $25,000.00.
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WHEREFORE, Defendant respectfully requests this Court enter judgment in an
amount in excess of $25,000.00 against the Plaintiffs.
Respectfully Submitted
TURO W OFFICES
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Ron uro, squire
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Defendant
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CERtiFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Answer, New Matter
and Counterclaim upon Charles Rector, Esquire, by depositing same in the United
States Mail, first class, postage pre-paid on the }:. day of 4"", / , 2001,
from Carlisle, Pennsylvania, addressed as follows:
Charles Rector, Esquire
Law Office of Charles Rector
1104 Fernwood Avenue
Suite 203
Camp Hill, PA 17011
TURO LAW OFFICES
R Turo, Esquir
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Defendant
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JOHN R. MCKEEHAN and
DONALD MCKEEHAN
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO, 01-1448 CIVIL TERM
DAVID RICHARDSON
Defendant
DEFENDANT'S ANSWER TO PLAINTIFF'S
NEW MA ITER AND COUNTERCLAIM
AND NOW, come the Plaintiffs, John R. McKeehan and Donald McKeehan, by
and through their attorney, Charles Rector, Esquire, in response to Defendant's New
Matter and Counterclaim and represent as follows:
NEW MA ITER
10. Denied. It is denied that Defendant owns twenty five (25) cattle and
further denied that Plaintiffs have allowed him to house twenty five (25) cattle on their
farms and proof thereof is demanded and the same are deemed denied. It is further
denied that Defendant has paid for any feed or has provided all care for the animals and
proof thereof is demanded. By way of further answer, Plaintiffs acknowledge eleven (11)
cattle which are owned by the Defendant, a amicable accounting was scheduled for
Thursday, April 12, 2001, which the Defendant refused and failed to attend.
11. Denied. Plaintiffs are without sufficient information or knowledge to form
a belief as to the averments contained in Paragraph 11 and the same are deemed
denied. To the extent that any further answer is necessary, at least two (2) cows not
belonging to Defendant have been surreptitiously removed from the Plaintiffs' farms
following the filing by Plaintiffs of their Complaint for Ejectment in the instant action.
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12. Admitted in part and denied in part. It is admitted that Defendant was
refused the opportunity to obtain twenty five (25) cattle, was refused entry to barns and
enclosures where the cattle were kept and ordered off the premises. It is denied that
Defendant was not allowed legal access to his property and proof thereof is demanded.
By way of further answer, an amicable accounting was scheduled for April 12, 2001,
which the Defendant refused and failed to attend to confirm the identity of eleven (11)
cattle which Plaintiffs acknowledge belong to him.
13. Denied, Paragraph 13 constitutes a legal conclusion which requires no
answer and is deemed denied, To the extent that any further answer is required,
Defendant is entitled only to the removal of cattle which belong to him.
WHEREFORE, Plaintiffs respectfully request that Defendant's New Matter be
dismissed with prejudice.
COUNTERCLAIM
COUNT 1- CONVERSION
14. Denied. Paragraph 14 constitutes a series of legal conclusions which
require no answer and are deemed denied. By way of further answer, it is denied that
Defendant owns twenty five (25) cattle which are housed at Plaintiff's farms and proof
thereof is demanded, Defendant has also removed cattle from Plaintiff's property which
do not belong to him without Plaintiffs prior knowledge or consent.
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15. Denied. Paragraph 15 constitutes a series of legal conclusions which
require no answer and are deemed denied. By way of further answer, an amicable
accounting was scheduled for April 12, 2001, at which Defendant refused and failed to
appear.
WHEREFORE, Plaintiffs respectfully request that your Honorable Court enter
judgment in Plaintiff's favor against Defendant and to otherwise dismiss with prejudice
Defendant's Counterclaim.
RESPECTFULLY SUBMITTED:
Date:~
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Charles Rector, Esquire
1104 Fernwood Avenue, Ste. 203
Camp Hill, PA 17011-6912
(717) 761-8101
Attorney for Plaintiffs
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I verify that the statements made herein are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa,C.S. Section 4904,
relating to unsworn falsification to authorities.
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Date: Lf-tk- 01
I verify that the statements made herein are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification to authorities.
Date: 4 ~ 1(, 0-1
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CERTIFICATE OF SERVICE
I, Charles Rector, Esquire, do hereby certify that on the 16th day of April, 2001, I caused
a true and correct copy of the within Plaintiff's Answer to Defendant's New Matter and
Counterclaim to be served upon the following counsel of record by depositing same in first
class, United Siates mail, postage paid, in Camp Hill, Pennsylvania:
Ron Turo, Esquire
28 E. Pitt Street
Carlisle, PA 17013
Date~
By: ()~I
Charles Rector, Esquire
1104 Fernwood Avenue, Ste. 203
Camp Hill, PA 17011-6912
(717) 761-8101
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JOHN R. MCKEEHAN and
DONALD MCKEEHAN
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO, 01-1448 CIVIL TERM
DAVID RICHARDSON
Defendant
ORDER OF COURT
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AND NOW, this 12- day of '-(. A{~ ,2001, in consideration
of the attached Petition for 1-ppointment Arbitrators',..~ /It?/f r,/ ,
Esquire, ~ ~ESqUire, and xi- ~ /!lt~
Esquire, are appointed arbitrators in the above-captioned matter,
BY THE COURT:
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JOHN R. MCKEEHAN and
DONALD MCKEEHAN
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: NO, 01-1448 CIVIL TERM
DAVID RICHARDSON
Defendant
PETITION FOR APPOINTMENT
OF AlUJITRATORS
AND NOW, comes the Plaintiffs; John R. McKeehan and Donald McKeehan, by
and through their attorney, Charles Rector, Esquire, and respectfully represents that:
1. The above-captioned action is at issue,
2. The claim of the Plaintiffs in the action an amount less than $25,000,00,
3, The following attorneys are interested in the case as counselor are
otherwise disqualified to sit as arbitrators: Charles Rector, Esquire, and Ron Turo,
Esquire,
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WHEREFORE, the Plaintiffs, John R. McKeehan and Donald McKeehan.,
respectfully requests that your Honorable Court appoint three (3) arbitrators to whom the
case shall be submitted,
RESPECTFULLY SUBMITTED,
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1104 Femwood Av nu , 203
Camp Hill, PA 17011-6912
(717) 761-8101
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CERTIFICATE OF SERVICE
!, Charles Rector, Esquire, do hereby certify that on the ,)'3 day of May, 2001, ! caused a true
and correct copy of the within Petition for Appointment of Arbitrators to be served upon the following
counset of record by depositing same in fIrst class, United States mait, postage paid, in Camp Hill,
Pennsylvania:
Ron Turo, Esquire
28 E. Pitt Street
Carlisle, PA /7013
By:
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OATH
lve do solemnly syear (or affirm)
the Constitution of the United States
wealth anu that we will discharge the
that we will support, obey and defend
and the Constieution of this Common-
dutie of our-office with fidelity.
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AWARD
We, the undersigned arbitrators, having been duly appointed and sworn
(or affirmed), make the following ayard:
(Note: If damages for delay are ayarded, they shall be
separately stated.)
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applicable. )
Date of Hearing: 9); J-/CJ/
Date of Ayard: 10 I~ /0/
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Now, the /AJ- day of ~
award was entered upon the docket and
parties or their attorneys.
, YB~, at.s:t:L, JLM., the above
notice thereof given by mail to the
Arbitrators' compensation to be
paid upon appeal:
$ J. 90.oiJ
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