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Home My WebLink About01-2770 FX _<t,*"",gj!l'".iI't'""-~~-'"" r.d.i:ol~~iI:llilll.1 ,~ .....""..,.,~. ",---I .. Ui'~~,"~~1 i', nililiiiS,' ~--'"'~ '" ~,\.",~~"",,,,."~I.,;_,, " C_NWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS . C!.Vhl&eLL4~1\ CoU~'T"-/ \ JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMONPLEASN... 0/-;2770 ~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleos an appeol from the judgment rendered by the District Justice on the date and in the case menffoned below. ~ APPELlANT U'\TOI'l1 5/.JI'Il!;. i?,., 94iR. OF APPElLANT 3.:ze 1Yl4/t1\.c..1::sr Lc.",",,,, .... DATE AJDGMENT IN THE CA5f OF (Plaintiff) aTV I MAG. D~T. NO. OR NAME Of OJ. 09-1 -0/ STATE ZP CODe 7A (Pefendant) '-/_11-01 ClAIM Lt:.. vs. c.usro",", S SIGNATURE APPelLANT OR HIS ATTORNEY OR AGENT -~~ LT 19 LC6""AQ. c:. "-, ....or. This block will be ~gned ONLY when this notaffon is required under Po. R.C.PJP. No. If appellant was CLAIMANT (see Pa. R.GP.JP. No, 1008B. Thi$ Notice of Appeal, when received by the District Justice, will operate as 0 1001 (6Jin action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case. FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. ~Q CV 19 OOQO 1.3.:1..-01 Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa, R.C.P.J.P. No, 1001 (7) in action before District Justice, fF NOT USED, detach from copy of notice of appeal to be served upon appellee j, PRAECIPE: To Prothonotary Enter rule upon 1f)41l'l ~J.I S'PuI./Le.tZ. ,appellee(s), to file a complaint in this appeal Name of appe}kJe{s) (Common Pleas No. t:J I - 02 7 70 ~;..;; ) within twenty (20) days after service of rule or suffer entry af judgment of non pro~ ~~tcUJ"'~Il.\ ~ .,.....~ C.A ' SignahJre of appellant or his attOmey or agent RULE: To /YJ~fl-Y gc:ru ,SPVULC.f(. Name of appel/fie{s) , appellee(s). (1) You are nofffied that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of servioe af 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 WU BE ENTERED AGAINST YOU. f,' (3) The date "of servioe of this rule if service was by mail is the date of mailing. Date: frl,- ~ ;Z~J,,_. r ^ ~lj~ K'. X~, ~ SIgnature of. y Of /JEpIty AOPC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY i~.~i!I:;'1-ii\!P;,cl",,:,,;- -, ,,,,,^,,,,,;,,,';_;',,',\_;i,.~,,,,,.-;,!,~'~h''''',o:';,,',i;'-'- "-",-"",1 ~, -,/",. ., -~- PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof Of service MUST BE' FILED WITHfN TEN (10) DA YS AFTER filing the notice of appeal Check applicable boxes) COMMONWEALTH OF PENNSVLVANIA COUNTY ; $& AfFIDAVIT: I hl,reby swear or affirm that I served o a copy of the Notice of Appeal, Common Pleas No., , upon the District Justice designated therein on (date af serviCe) , '. 0 by pe,sanal service 0 by (certified) (registered) mail, sender's receipt attached hereto, and up(ln the appellee, (name) , an , 19__ 0 by personal service 0 by (certified) (registered) mail. sender's receipt attached hereto, o and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(o) to whom ~:ule was addressed on ,19~ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attacheo hereto, SWOFiN (AFFIRM!"D) AND SUBSCRIBED BEFORE ME THiS DAY OF _"~~.~~, 19_ Signature Signature of official before whom affidavit was mede Tilte of official My commission expirl'as -on ~______ , 19__ 8 0 0 s: " ~ ~l . '. ~ ri{fu ,::11: -~ ~ ~ """ Zm -< i71 ill Z22 ~ ~~ (/.l':t~ I "t'Jm lI/- ;:s;Z CO :'0 '-=.:-' I ~D ~C) \ )<:0 J::>> ;r;=R ~~ Zo ::L ~jo - j'; -- ~ I.f? OlT1 - -" ~ N 5E ~ 0 -< -.... ~~- ...~-" ,~,~,' ,,V, __ , I~^>" ~_ ',' ,,~~ ,~~''''''. - '" - ~ _'COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND - ~' ~, ~-, J' "- --~,jLj~" '''''1(' "'- ,"""",,,", ~~, 09-1-01 NOTICE OF JUDGMENTITRANSCRiPT CIVIL CASE PLAINTIFF: NAME af\dAOORESS 'sPUHLER, MARY BETH 422 DEERFIELD RD CAMP HILL, PA 17011 L VS. DEFENDANT: ' NAME and ADDRESS 'cUSTOM SHOE REPAIR 328 MARKET ST LEMOYNE, PA 17043 L I Mag. Dist. No.: DJ Name: Hon. CHARLES A. CLEMENT, JR. Add"', 1106 CARLISLE ROAD CAMP HILL, PA .J T"'phO"' (717) 761-4940 17011 I LEE CARD/CUSTOM SHOE REPAIR 328 MARKET ST LEMOYNE, PA 17043 .J Docket No.: CV- 0000132 - 01 Date Filed: 3/07/01 THIS IS TO NOTIFY YOU THAT: " Judgment: [!J Judgment was entered for: FOR pr.1\. TNTIFF (Name) !'lPTTRT.RR, MARY RR'I'R [Xl Judgment was entered against: (Name) Cll!'l'T'OM !'lHOF. RF.PATR in the amount of $ l?? '>0 on: (Date of Judgment) 4/11/01 . . o Defendants are jointly and severally liable, o Damages will be assessed on: (Date & Time) O Amount of Judgment Subject to Attachment! Act 5 of 1996 $ Amount of Judgment $ 277 . 00 Judgment Costs $ 45.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 322.50 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ o This case dismissed without prejudice, o Levy is stayed for days or 0 generally stayed, o Objection to levy has been tiled and hearing will be held: Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WtTHIN 30 DAYS AFTER THE ENTRY OF JUDGME::NT'SHl/,.jI:!G ANOTICE OF APPEAL WITH THE PROTHONOT ARYICLERK OF THE COURT OF COMMON PLEAS, CIV.~,DIVI!;J,qN. YO.U . MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCR T FORM WITH YOU/;!"NOTICE OF APPE'AL:"" 4/11/200 Date ~ i ~ :,District Justice 'c. .."' .... ~ . , - . ....... \ I certify that this is a true and correct copy of the record 01 the proceedings containihg-\hB j)Jdgrnent. Date "<(.pistrict'JUstice My commission expires first Monday 01 January, 2002 SEAL AOPC 315.99 IT" .-'I ~ ~ "" . Ul ", <::J Jl <::J <::J <::J <::J <::J ~ ", IT" IT" <::J l"- I I IT" "" ", ~ "" LrJ ", <::J Jl <::J <::J <::J <::J <::J ~ ", n- n- <::J l"- I Postage $ $0.34 $I .9, Certified Fee Return Receipt Fee (Endorsement Required) Restricted DeJivery Fee (Endo~ementRequi~) $1.50 Total Postage & Fees u::;\''' N~!e8Se Print CJe8r~ (to ~ompleted by mai/a;; -St;ee~-.z-lt~.;~C:f-~'BOX-fio:--..~.s.~~:;::..~T:_"t~_~--__.m--_-'.m~__m I/oc" C2Ml(.,S(.<:. f2~. . ."_ .cltj{1i':ifi,.zip+4-------...---....------....--.;.--------n-.--.-~-_.....,'-----.----;,--~-"'~....-- LA.~ P l-i,,;,- p",- \,\0,' I P$ Form 3800, July 1999 '~SgeverSe for rrj:>t&C1l@ u.s. Postal Service _ CERTIFIED MAIL RECEIPT ".: (Domestic Mail Only; No Tnsurance Coverage Provided) CAnp HILL PA 17011 Retum Receipt Fee (I:ndo~ment R~quired) estricte eliveryFee (Endor:-.ement Required) Postage $ $0.34 .l Certified Fee Total Postage & Fees Name (please Print C~arly) (tg be_cRmpJeted by mailer) /11 A2.Y I$~Tr-f ';:::f'UHLeL Stroet:;jjit:O~~.:O~~~.~:-;..'~.bn:.-..........-..-.-......n.......-...- ~City:siit8:ZIP+4......-.\-.--....~..........-.-....-.......n.__...__...~_~_____.... 0-"" \J \"'IL~ r,'" nOi ( PS Form 3800, July 1999 See Reverse for In ctlons r.::"c{",t~, <A~~:lJf~~~~~"~_~s~~;;:r;:~-~';'f!~~,::~~r~~..":JJP>~l},_O:,~~:~Mw.J~~,~~,I),~:,r,,f~;:_-J)~~:~~l~J~j~:~_~;~\t~:,~~~!~;r/;~I;~l!f(~f~J>;~~~" COMMONWEAlTH O'PENliIsTLYANIA COURT 0"COMMON PLEAS . C!.(,){"flg,ei.t.A~jj\ Co V'IT"/ JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 01 '7 -'", d - c/ /u c~.r NOTICE .OF APPEAL Notice is given that the appellant has. filed in the above Court of Camman Pleas an appeal from the judgment rendered by the District Justice an the date and in, the case mentioned belaw NAME OF >>PEllANT C.VSTOh/ .S./06 Re 'PAIl! ADDRESS OF APPELLANT 3.028 IYlAfl."'.... s,- ~""'O D4TE OF JUDGMENT IN THE CASE OF (Plaintiff) t.!-/I-O/ QAJM NO. ",e... aTV ?A I MAG D1St NO. 0. NAME OF OJ. 09-1-c:;/ STATE 'ZIPCOOE "o'-/~ (Defendant) Atz-l &714 St'U 1...e..1Z... vs. C.US.iO~S~' ~NAJUREOf AP~H1S AT~AGENT ;..~.~ LT 19 . /...t:.4^i ...~1> CAA..I ......^I~R This black will be signed ONLY.when (his 'noto~<?n .is required under Po. R.c,P.J.P. No. . If appellant was CLAIMANT (see Pa. R.cP,JP, No. 10088. """..' "I.' , This Notice . of Appeal. when received by the . DistriClJusti~~, 'will operate as a 1001 (61. in <JQtlon ,,~fQfe Di~t[ict ./~tice, he MUST SUPERSEDEAS ,10 the judgment for possession in this case '. / FILE A COMPLAINT within twenty (20) days after , . filiHi:; his' NOTICE of APPEAL. CV 111 0000 1.3ca. -0 I ~ ",I Signature of Prothonotary or Deputy PRAECIPE TO ENTER'lblLE 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 actipn before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee), " , '< ,~ PRAECIPE: To Prothonotary ; '::~_ ~:~ ::.\' . Enter rule upan IT'll/fly &:rw :;'PuNl.eJ2.. ,app~'eed),to fjlel~' c~Jnti~1.t,i; ~ppeal . Name of appeflee(s) \ '~:~ " :_ , \:.. ':, ' J::_: f1 "J (Comman Pleas No. 0/ - o777{) C",(J ) within twenty (20) days~rservice of ruli';'suflert';;~tf;of~:"'J'of non pros. RULE: To m f'tp..yl3c.r14 5pvNLe(l. Name of awe//freIs) . appellee(s). ~.", <.... (1) You are notified that a rule is hereby entered upon you 10 file a complaint in thisappeol within. twenty (20) days after ,the date of service of this rule upon you byJ'!!f~pl ,~rv~e or by certified or registered maiL , ,..-,/~7~;:~,~,!~t '. :;,~'."'.' ! ":" ->~-\:'.~_ ~,>; (2) If you do ~~I:\"'~laintV{i.thi.h'thl~"ime. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOu. ;,~,>,"'<:"' (fr-,::,:" , ,:,~r'I/, ' (3) The ~J;>~~r,..,e of this rule if s";~~~T by mai;;s the date of mailing. . ~,,-' ~.S /I/e. y:; ;;1"oL ....; "T Date: /l.r' , 't,. ","~.:........:l:o.,~i" ,., I,' \ -,', ".1",..\'. F~ ,j/l""{ ,~. v .~.-'*.;. ',"'......,'. t,'''' t l , f', ;'\'r;~J : -1'\-\, ~ ~,,-._... '"''~'''''1-.',,~:,.:;;c;..:'~''''' I.r-::~I!/ N-t2- /' r y..../. .~ i . yYfl ;;gi;,. ^ r. SignaJure of -t 0< 0Iputy I>DPC 31:.2-84 COURT FILE ,~ '-"- ". .. "", " , PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPl.AINT (This proof.of service MUST BE FILED WITHIN TEN (10) DA YS AFTER Iillng the netlce 01 appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF C,Ui""(3,C.12..l.A....IC:> _;,Sft; AFFIDAVIT: I hereby swear or affirm that I served ~ copy .of the Netice of Appeal, Common Pleas No. 0 \ -,;!" ,0 , upon the District Justice deSignated therein on (datee/service) MP,-/ 1<1,6100\ , 0 by personal service CB"by@8rtlfl~reglstered)mail,sender's receipt attached hereto, and upon the appellee, (name) "j!'-J'l~ :SP.."4LeJ2.. ,on l'-l 1l'I1\-I 8.00 j ,18 ~,- 0 by personal service!1hl'y (cerllfied) (registered) mall, sender's receipt attached hereto. 0"8nd lurtherthat I served the Ruleto FileaComplaintaccompany: _ 'e~bove Notice 01 Appeal upon th~e(S) towhom the Rule was addressed on 1-1 (VI A, 'I .:/QC) I , 18 . ,-~ 0 by persenal service itrb,,<!::rtlfied)"1(reglstered) mail, sender's receipt attached herete, . -:,;/ SWORN (11FIRMED) AND SUBSC'3,!-lIED BEFORE)~,E 1 f"'" -'7 r;'-;-'/, THIS f t.P DAY OF jf/ClI..-i ';?.t/(l... ,.--:' ..",:~:: "Ce- _"" ~" . /] , "" ,-,'- ~'~3;f (lU<j1't.1~_.{'71 k~ (;.(~)bpl/lr_l~f "" .~,", Signature 0 H/ttaJ_'fu1ora whem sffidavit was made ,l\! . 'fa'-~.() . . Titlaofofl. i ~,"<,.// '/Jrj,' .' 'LJ 'c, :",::,,: : '", MYCOmmiss~_~)<,~=r~~~?7 '._ - ":Yil Signature at affjant -;2tCI "~ lIlJltIIlll*lJ,Sl L . cu.OO!U..~!I\, 'IT!(~r;>UilUC CIlliIIlIi2iooi,l:iimtrenlal1lj; C'oulll7 "'~llIl'li:lUirtlS'Aglil;4\.2W5 , J ~ -00:> rD~ Z:.t,l zt;;; ~Z r:::C! '<: "%0 -0 ;.t>'C ~ o - :J: "'" -" o -n ;::;:: -"" .:C "T". '~~~ {S L~ ::!~ 96 Ztn S ~ 0' ') '-P. :::> ....I _;'a~~'.~' ,~~'~ "'il!"ibI:'-~'~-"~'~ . I O' ~ ~,~ - ',' lIU_"_'b~""'" 4f" ... ~ .... Mary Beth Spuhler Plaintiffs In the Court of Common Pleas, Cumberland County, Pennsylvania v. No. CV 190000132-01 01- ;;2no C ;vif Custom Shoe Repair Lee Card, owner Defendant Civil Action- Law Com{)laiq! The Plaintiff, Maty Beth Spuhler, an individual filed a case against the Defendant, Mr. Card of Custom Shoe Repair with our district justice on 3/07/01 for the following reaSOn: 1. December 2000, I took 4 items (2 different shoes and 2 pocketbooks) into shop forrepair. 2. Early January went back to pick up items. The 2 shoes were fixed. The purses were not done. The defendants crossed out the shoes on my ticket and wrote 2 bags. He. explained a machine needed fixing. I was to come back next week. 3. I, the plaintiff went back the second week of January and the purses were not done. I was to come back for them again. 4, Monday, Feb.I2, I went back he said they were in storage. He would get them. I was to come back again. 5. Thursday, Feb. 15, I went back, he said he would get them on the weekend. He said come back Monday, ..-- - . - ,- ".iti; - ~- " - ._'~<(j"N.'l~I;"<!1""" . .~ 6. Monday, Feb. 19- I went back and he said he didn't have them. Frustrated at him wasting my time, I asked the defendant why he was doing this to me? The defendant said he was working 16 hours a day and didn't have time. I said to him, "Don't you thinkeveryone is busy?" I asked him to call me. He refused. He said he was too busy. Then he said, "the storage place was in the basement of his building". I said then go get my purse now. Of course, he refused. I was getting pretty mad. He gave me his business card. I asked him, "Do you know what you are looking for?" he said, "Yes, I know exactly where they are." I showed him my new purse (which was a similar color) and he said, ''yes, I know it is two-toned". I asked for his mom's phone number. I told him I had been coming to his father's shop(father died) for over 10 years. Why are you doing this to me? He didn't care and would not give me her number. 7. Monday, Feb. 26- I called. He said he didn't have them yet. 8. Wednesday, Feb. 28- I felt for sure he would have gotten them after my call. I, again, went back to pick up my pocketbooks. The defendant simply said he didn't have them. He actually offered to take my number! !! He never called me! 9. Totally frustrated at wasting my time and emotional energy, I didn't know what to do. I decided to try to get him ticketed. I called the police and they said they couldn't ticket him. That it was a civil case. I was pretty mad. I looked for the Better en ". U~" ,. . -~~,,-~" , '" L" - ~,",.c",~"'-;r~"""",!'f!' . "~ I. j" '~~' . ~o .~ " '- Business Bureau. 1 hated wasting any more time on this project, felt robbed, and furious he could get away with this. 10.1 couldn't bring myself to go in and beg any more for my items. r decided to fIle the suit on March 7, 2001 with your court. 11.1 was stunned when he decided to fight this case. All I wanted was my Oroton purse and my mom's white purse. This is the first time 1 realized he might have sold my purse! 12.At this point, I, the plaintiff assume, he does not want to pay for the purse. 13.We wentto court the judge heard the case. The judge looked around and said, "Where are her pocketbooks?" The defendant said the pocketbooks are at my office. The judge said this is ridiculous. Mary Beth, you can have the money or the purses. 14.Frustrated and upset, I said, "I believe it will hurt him more to pay the money. I will take the money". I feel he owes me the money, and my pocketbooks for my time and upset (and that does not nearly cover my cost for this disgrace). 14. The defendant, Mr. Card told the judge and me, that he would put the check in the mail today. 1 am still waiting. Respectfully, Mary Beth Spuhler MA& ~2fjv-- May 24,2001 '7 n . 7 b 3 ' 7 31,. J wIL- t 63 . q S'3 if h Yl1 ~~~~~~A~,@i!l:~tf~fu';ilW;<!\!""--^. ~,!;~"~^,,,_~~:i),'H_jdi<!-"fi"'tt"'il~~~~"'~tlm;~~~~~ ~'!lI!~~,.-;j"'-~ -"'~~l"[__.EM :rs< ,~'" ". ,~_"~ ~,. ,.~ '"' __""'~__ ~~"s,,_, '..,'"-.<,.....",, "' "'^" w, ".> ." .~ ,'.l ,,' "," ,~ - c:> ~J:; -:'Ji.-: ~j;: E~ 2:'~_'~ .p" ... c:;- ~:- c': ,....) (.;'-, -~ ~ :2 i;'? "'...) 'C ..;~ (,':S ,.-~ ['1'1 '~ - -', i i! . :1 !i , " " f,! " 'I , " ii ii I'! " " " " " H ;1 " , " I' I' I' Ii 'I '.,C} . .. .....- 11 "'.... ~--- ", FROM,' c.. ".. -' DISTIlICT jUSTICI.JUD~~~;~'~'~.__ . "-- ':<t<' #. /, ~",-,>.,---~..,.. .,,'<' "."".t". . \ .., JUOICIAL DlStRI(:T '.." , '!f'/lN - .,.......1 r ./ ",~', ..l'.- ~~ f" " , ,: CoMMONPLlASNo.. c ,,'~ J_ ,_.~~f--' :':;:~t~~;':f-:;'~~_ ...:).-; /- >'- <!'t ,(' . ,.-.' -;- .... ", . . . . NOTICE OF APPE""L .. "'._ '. .....' ,'d;'_."' .' ;.", ,'..._,,-".:. ,', ""':,.~" ,,\,:~,,::.>-.,,'~':";' ,"" '_"~','-:~'~'",''';'~''',,:...;':''''=' ~;-;'-'_' _ ""..,;.,--:~ f-o-:''.'":''';.:-.':'", "'" "..'/,~,(",:::~l. '::-,', Notice ;. gi.,;,nthOttheOppellanthos filecJ)n the ~iS:OUf..i. oLCOmniori:~cin,appeol fromtne judginent ~d by, tI)e. PJ~trM;.t' LustiCe On the ~oond m .thec~ ~ beIq\I<. ,. . 'T """_~~J:~~~; ,::'~' ~'"::~~::i:~'4'~'~;: ~,"?,..t c~.c':',;~,",,:"': ~:':)~'t. :.:' ~~~"-'S-~~:-R,,' 7.>~/:",; ".~ ~-"-1;;9:'/OR::;;~\:.~] Of LLANT' ON STAlE ZP CODE .3.;;e.nlJj "'TE -11- 01 NO.._, _ "? ,. ,"""""""', CV 19. 0060 13.;t-QI Lr 19 ,~ . _._'U~',__ . .~, ,,"-,>~,;ll~~~ _ l..f.\ .!hi> block wiN be signed ONLY when this notation is required under Po. R.cPJP. No. '1008& This Notice of Appeal when received by" the District JU,flce, will'OperCteas 0 SUPERSEDEAS to the judgment for possession in this case. .. . SignatUre 0' ProthOOomry Or bep;,t)'c If appellant was CLAIMANT (see Pa. R.CP.JP. No. 100 1( 6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPf,AL.u . .._~___"_,-"o.,-' .-,---~-_. --~.,'-.- _, "._",,-,,-,'- '~',' . . ,"~'<!1'-:,.,",,"'t#.---"'--= ''';.' ,,'(~."'; ,"'O'. 'n' " -- ;""': '-. ,~, :+,' ,,'~~ ~"..n!:.~(~.j_(~-r":1~~;, -/?t.-...~'t} . . PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section otfotmtobeused ONLY .wtrerl~appellantwaS-rjEFENDAl'.Jrlg,~pa,R.c:p.J."" No. 1001(7) inactiOn ;"io,tBiSflictJisflc't. IF NOT USED, detach fttirrj Co/>V of riotiCe of appeal to be served upon appellee). PRAECIPE. To Prothonotary . Enter rule uPCX; m-lft,'v ~J.I (;,p.)I.JL'eR... .._u" oppellee(s), ta file 0 c~inlin this oppeal . ,. Name of _/ee(s} . ," _ _ .. >- _., _ ,---~,,,"'il~~~'" ...'~ L FJ(' ,/i!,/" , ' ) wlthin 1-.IY,(20) days after ser~ce of rule ~suffer entryoffudgment ofnonpm~ ~~~""'''H.(l,;\ <c ... ~1"1l~ -Ai:: "~'?,'~_<?:~attomey~agent --'--,--.----. ~~+.,"- (CoinrnOii pleaS No. /"1 RULE. To tnrtP-Y f2,e'ru.'SP"'tJI....Il.. ." ."U ~o/~s) . '"""T OppeIIee{s). .,' ,', ' - , ,0' _''-__' , ',' '_ '~'" ___ . _, n_" ,- -' '," ,:,' '":''' (1) y"""",ilotified th.;t;;;;;reis","~~ ~~ you ta Iiie o~ti~ this oppeaI.within twenty (20) CIayS'ofiei'lhedole;;f .. servi<ecofth~ruleuponY"'!o/:"'~\~orbycertifiedor"'ll~teI1ldmoit .... ... ,~.. . .c"../ (2)11 you do ",;..:fit~~';r.:a~II-.,tinie, o JUooMeNT OF NONPROS WIlL BE E'NTEREb~ ~iNs{Yoo:'u: .. ..... "',, (3)Th..~4~;.:~,~.;.~~ bymculisthe cIate of~r""J' . ."' Date: m'1:.~,,~i~~):f0~t;~;j:l. '" .' '. .....' .,.J_~;...:.~'~t::..for~ . . -:/' .~-"~ .;..,"".-t :i"~~ 't.1!ci"+f~ ,_,'" - - ,:". . ~j <r."."'~. '_'. "~.;~~ /' .,,- ~ I (.~.. ,"t4t. ~'".Jt>. ~ I} iF ~. ,," X~_.... '1,. ![;.:~,......;..~~:/ 1'1 '... r v "" t:f~, '--I, ;.#" '~",.''l:''<.\-,''''~ AOPC_31;Z--84 -'_ COpy TO ElE SERVED ON APPELLEE "'..".......- '" ~,-<-, ,- ", ,-, '.:,..."h"-....;..~~~.; "~ , f' MARY BETH SPUHLER, Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. CV 19 0000 132-01 ~:ttO(-a7/0 {!ivl'l CUSTOM SHOE REPAIR, LEE CARD, owner Defendant : CIVIL ACTION - LAW IMPORTANT NOTICE TO: Mr. Lee Card Custom Shoe Repair 328 Market Street Lemoyne, PA 17043 DATE OF NOTICE: June 25, 2001 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED Of YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THEDATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer ReferralService Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Byj!1I>>;y' }3~~~ " "- ~, ,~ Ie- I , ...u.. " o.~ ,-,- _"J ,'c-",:', ~, , 1 MARY BETH SPUHLER, Plaintiff vs. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. CV 19 0000132-01 CUSTOM SHOE REPAIR, LEE CARD, owner Defendant : CIVIL ACTION - LAW NOTICE TO PLEAD TO: Mr. Lee Card Custom Shoe Repair 328 Market Street Lemoyne, PA 17043 YOU ARE HEREBY NOTIFIED to file a written response to the attached Petition Raising Additional Claims within twenty (20) days from service hereof or judgment may be entered against you. By: fJJlf3.M~~~ DATE: June 25,2001 .:.~-"',~ ... . .'-., .'1 ',-;;;; C.._ . , '-i ,. MARY BETH SPUHLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. No. CV 19 0000 132-01 CUSTOM SHOE REPAIR, LEE CARD, Owner Defendant CIVIL ACTION - LAW AMENDED COMPLAINT The Plaintiff, Mary Beth Spuhler, an individual has filed this case against the Defendant, Mr. Card of Custom Shoe Repair for the following reasons: 1. Plaintiff resides at 422 Deerfield Road, Camp Hill, pennsylvania 17011. 2. Defendant's place of business is located at 328 Market Street, Lemoyne, PA 17043. 3. On December 2000, Plaintiff took four items (two different pairs of shoes and two pocketbooks) into Defendant's shop for repair. 4. In early January Plaintiff went back to pick up the items, at which time the two shoes were fixed but the purses were not done. 5. Defendant crossed out the shoes on Plaintiff's ticket and wrote "two bags" on the ticket, explaining that a machine needed to be fixed and Plaintiff was to come back the following week to retrieve the pocketbooks. 6. Plaintiff went back the second week of January but the purses were still not done. Plaintiff was told '7' = "I ~ ~~ .~ L!."",. >";". C',.' ~'~"~~~r~, . the purses were still not done. Plaintiff was told to come back for them again. 7. On Monday, February 12, 2001, plaintiff returned, but Defendant said the pocketbooks were in storage, and he would get them later - Plaintiff was to come back again. 8. On Thursday, February 15, 2001, Plaintiff went back and Defendant said he would get them on the weekend, telling Plaintiff to return on Monday. 9. On Monday, February 19, Plaintiff went back and Defendant said he did not have them, saying he was working 16 hours a day and did not have time to get them. 10. Plaintiff then asked Defendant to go get her purse right then from his basement storage area, and he refused. 11. On Monday, February 26, 2001, Plaintiff telephoned the Defendant, and he informed her that he didn't have them yet. 12. On Wednesday, February 28, Plaintiff felt that she should have gotten them at this point so plaintiff returned to the store to pick up her pocketbooks, but Defendant said that he didn't have them. 13. Defendant did not produce the pocketbooks at a District Justice hearing either. '''~. - ~ "~'l' ' ""~~,""._- - '.: ' do';";;.,,,,:,:,,.: ',"<. ;;i~f' .' t 14. The replacement value of the two purses is $350.00. 15. Plaintiff has been deprived of the use of her pocketbooks since December 2000. Wherefore, Plaintiff requests this Court enter judgment in favor of the Plaintiff and against Defendant in the amount of $350.00. By: /flmy U~n1'~ Dated: June 25, 2001 J,,~AA-~""'- - ~~ - ., ~ - ~-'" ~" j~ -'" .'J.ijl'_];'l~." .' VERIFICATION I, Mary Beth Spuhler, hereby verify that the facts contained in the foregoing Amended Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Maryt!ta;~2jzAV Date: June 25, 2001 jjml~l~!t"~~~@!i~~!~fHi~,'t,Ytf?i~!i.!i~,,',1~~)i'!t~,il~,~ilE~W-!!?,-',i'" ';'-'-t">"'M;t.lM,,+,"id-";~""'~~Mt~~ ",,"-b.lr~~~'mIJill!i""'-- ~ () 'l:;f 11- u. !is- ~i,~~ .-( . "", .- _L.'>. \~S? --i " . - "- .-:: ."\,) a; S~J -- .-.) .,:, .. "'", .' -c,5 'ii') ,<, :35 , .., ~,.- , ' " -c ""^,"", 01"'_ "",~ .h'J.~'~;' .1 " MARY BETH SPUHLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. Docket # 01- 00111(') C,.,,- CIVIL ACTION - LAW CUSTOM SHOE REPAIR, LEE CARD, OWNER, Defendant NOTICE TO PLEAD AND NOW, this Ato+/lday of Jt.>^'e,. , 2001, you are hereby notified to plead responsively within twenty (20) days of the date of service hereof, or judgment may be entered against you. BY::;;;;;?~ Lee Card :147553 .. ,. ". .._,'<,,;.,,<.0 .-' '. j--C';"", -- ~,~ '-,~._'-" ''''.'''~'''''J' -',' - -;, l~i;:;;,' ." " MARY BETH SPUHLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Docket # Cl- ca." 0 c.." v. CIVIL ACTION - LAW CUSTOM SHOE REPAIR, LEE CARD, OWNER, Defendant PRELIMINARY OBJECTIONS 01= DEFENDANT TO PLAINTIFFS' COMPLAINT AND NOIN, this dCDTfJ day of .:},,"'<.., 2001, comes the Defendant, Custom Shoe Repair and Lee Card and files these preliminary objections in support thereof avers as follows: I. Preliminary objection raising issue of failure of service under Pa. R.C.P. 1028(a)(1). 1. Plaintiff filed what appears to be a Civil Complaint on May 24, 2001. 2. Plaintiff attempted to serve a copy of the Complaint via certified mail to the Defendant, 328 Market Street, Lemoyne, PA 17043. 3. Pa. RC.P. 400 provides that, "original process shall be served in the Commonwealth only by the Sheriff' or "by a competent adult in the following actions: equity, partition, prevent waste, and declaratory judgment when declaratory relief is the only relief sought. .' ~' , '" .'. ,.,;;", , 'r." ' '''u ,,;' - i"";'~"". '. ,'-~ Cjj",,,,-,.,,,,, " nl_'nii~~ ~ 4. Therefore, Plaintiff failed to conform with Pa. RC.P. 400. WHEREFORE, Defendants respectfully request that the Complaint of Plaintiff be dismissed. II. Preliminary objection raising the issue of failure of a pleading to conform to Rule of Court under Pa. R.C.P. 1028(a)(2). 1. Plaintiffs Complaint does not include a Verification as required by Pa. RC.P. 1024. 2. Plaintiffs Complaint does not include a Notice to Defend as required by Pa. RC.P.1018.1. 3. Plaintiffs Complaint incorrectly designates the District Justice Docket No. as the Court of Common Pleas Docket No. in violation of Pa. RC.P. 1018. WHEREFORE, Defendants respectfully request that this Complaint be dismissed. III. Preliminary objections raising issue of Demurrer under Pa. R.C.P. 1028(a)(4). 1. The Plaintiff wholly fails to set forth any facts which identify the Defendant as the . ',< "', , ~ 'I,',~.,; , ,__,_'~'O;' C,""". ". , '. ' '" "~;< .- party liable in this matter. 2. Plaintiffs Complaint fails to set forth any facts which would provide a foundation for recovery under any legal theory. WHEREFORE, Defendants respectfully request that Plaintiffs Complaint be dismissed. Respectfully submitted, DATED: :\u....e. de-, BCD I --.-?;e"~ LEE CARD '~ ---,- -", -" - ".' __ "_"W" ;, ,",',. """,,,,,;,,, .",,'~l"..;";' c",",''''.-",, ,~ .1 VERIFICA TION I. LEE CARD, do verify that the statements made in the foregoing Preliminary Objections of Defendant to Plaintiffs' Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C. S. ~4904 relating to unsworn falsification to authorities. ~~~ LEE CARD Dated: ~o~, ~ .;U.<' Otoo \ :147554 , 'x," ' .>' -';.. ~",," _" <, ~ ~',c;" ,,,', ",,, "" __""C'Rcill",'-'o',,;;, ,',',,"'" < CERTIFICA TE OF SERVICE AND NOW, this a..1J1"~ day of 3,-,~'<- ,2001, the undersigned does hereby certify that he did this date serve a copy of the foregoing Preliminary Objections to Plaintiffs' Complaint upon the following by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Mary Beth Spuhler t/,;?,;{ beerz.f"1ed') 'K~. c?"A""P 1-1,,__<-, ~A 110/ ( CUSTOM SHOE REPAIR Dated: ,}u....-c.-,:).G, 0100\ - , By: -~~ Lee Card, Owner :147456 MM~~~'1ttkJkilll.~~~~j!l<iiw;iij.t~~~~-~'~D,j;> '," >" -.' ~ '=~~fl:i/l!i;j, w D C -ti~: rnr'-", ~~~:: i;:::( ~~~ ~ ",' '. . .'~ - C) . ~= . .~ .~ TV -., - ::T) ";'1C~ ,',) ~ ,,;::~-~ '-) --:.~) ::5?~ ;2 .,.u -< c3 .(:- ,~: " [: I, 1, I, i! 'J -n -, ,-" ," ~,l" _, __ "'~-"-' '-'-"-.i;,' ~,&",' ", .'- "r. ,,~, .' ,":';~'>,ik:~':",,,',i,;.--,', ^,', .>;i "l~""~2; MARY BETH SPUHLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. o 1-0 t '1-"1. " CIVIL ACTION - LAW Plaintiff v. CUSTOM SHOE REPAIR, LEE CARD, OWNER, Defendant TO: Mary Beth Spuhler t/0l0l l)ee.u-I-c....lI. ';:21\.. c.."""" P 1-/ \1...1... PII. 1,0 I \ . DATE OF NOTICE: July.2Q., 2001 IMPORTANT NOTICE OF PENDING NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 BY:~~ ~ Lee Card, Defendant ~~*>iM~~~Ih!'Ii'~~iI!IO!ii!~i:g,jit'i~~~~"'" , . ,." ;'^~,' ~~,' ~ ~" ,,"~_ """'~>6""-o"-",-~,, ^ ,,< ~~~, , ' ""~I_/~ ,,'~, ,- [Ji.:_~ ,,,~- ~~ -~"~,~-- ~~^ _:,.J :-:-) {;, r ~ ~ - ~ ' ~, '" ~' '~':A",.~"'~" .- ~""';,-~!;If,0 . MARY BETH SPUHLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. No. 01-02770 CUSTOM SHOE REPAIR, LEE CARD, Owner Defendant CIVIL ACTION - LAW PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Howard B. Krug, Esquire on behalf of Mary Beth Spuhler, Plaintiff in the above-captioned case. By 19 ront Street Harrisburg, PA 17102-2392 (717) 234-4178 Date: August 2, 2001 .~~M'~~ft:::.[lWmfllli'i~~Hilli~*'i~llMi~",'j;ru,~g",:.;,~~&;,L^"_i8'&"~"""}''~'H*jw9!:Bi$~~ ~ " _.. - _. ~~' l~j!l;-~~~m:ir"u,",,",,"""'.]-'."J (") c::.' (:J c: '-;') ~ :0- -" "Ow r":::: - n, ","i 9293 G, II,"': \ -'!~ Zr" ('...... , (fJ?:. r . \).. ..:<""';::... -~~ kC ~-.:! ~o :~::. -0 0- .5>c: ::;!, Z N :i1 ~ .t:"" -< "'~ ~ , ~ " -g---- ,-'. ".~ = --"- ~.... II " ".. - ",';; ~"- i.ii;k".' MARY BETH SPUHLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. No. 01-02770 CUSTOM SHOE REPAIR, LEE CARD, Owner Defendant CIVIL ACTION - LAW Plaintiff's Response to Defendant's Preliminary Obiections NOW COMES Plaintiff, Mary Beth Spuhler, by her attorneys Purcell, Krug and Haller and respond to the Preliminary Objections of Defendant as follows: A. Before responding, it should be noted that Plaintiff filed on or about June 26, 2001 an Amended Complaint, which was docketed by the Court to the correct docket number, which plaintiff believes and therefore avers rectifies all of the issues raised by Defendant in his preliminary objections, except for the use of the District Justice docket number, which was docketed by the Prothonotary to the correct county number and will be recognized by Plaintiff from this point forward. The stated docket number was an error. 1. 1. Admitted. 2. Admitted. It was served upon Defendant. See Affidavit of Service and signed green card. 3. Denied as a conclusion of law. In fact,the _.'""",,-",,-,,_'"Kn'''"~_ ~ - ~ ~~ r "' ,~~ "~$" applicable rule is Pa RDJ 1005(d), which requires either "leaving a copy for or mailing a copy to ..." Defendant, which was done with respect to both the Original Complaint and the Amended Complaint. 4. Denied as a conclusion of law. Plaintiff did comply with Pa RDJ 1005(d), and Defendant received the Complaint and Amended Complaint. See Affidavits of Service, copies of which are attached hereto. Wherefore, Defendant's service objection should be dismissed. II. 1-2. Admitted. However, this was resolved by virtue of the Verification and Notice to Plead included with the Amended Complaint. 3. Admitted. However, use of the District Justice Docket Number in this Court was an error resolved by the Prothonotary by correct filing, without prejudice to Defendant. Although this was not corrected in the Amended Complaint, Plaintiff requests that the Amended Complaint be corrected nunc pro tunc or leave of court be granted for the filing of a Second Amended Complaint. Defendant would be in no way ,~,.,,,,,,,,",",-" ''"-----= ~- ~~ ~ 0< ' - . ~ -''<!~' ~' , , " ~ ""'I~iI>~Ili~" prejudiced by the granting of this request. Wherefore, Plaintiff requests that this Honorable Court dismiss this objection. In the alternative, Plaintiff requests the opportunity to file a Second Amended Complaint and serve same upon Defendant, pursuant to the applicable rules. III. 1. Denied. The Original Complaint and the Amended Complaint specifically identify the Defendant, Lee Card t/a Custom Shoe Repair as the responsible Defendant. 2. Denied. Since Defendant has retained the subject handbags, depriving Plaintiff of her property, Defendant is responsible for the monetary value of the lost handbags, plus costs and interest. Wherefore, Plaintiff respectfully requests that the demurrer filed by Defendant be dismissed. In the alternative, Plaintiff requests that she be given an additional opportunity to file a Second Amended Complaint. IN CONCLUSION, Plaintiff requests that the preliminary objections of the Defendant be dismissed in their entirety and Defendant be requested to answer the Amended Complaint, with Defendant to pay docket costs and interest. Alternatively, ~- -- ~ "" ~ Plaintiff requests leave to file a Second Amended Complaint to correct any defects of record. Dated: August 2, 2001 ectfully submitted, w ug, Esquire 1 82 Ni ole M. Staley O'Gorman, Esq. #79866 1719 N. Front Street Harrisburg, PA 17102 ~ "~"'~-'-.""-~J ,~--~~ " "" ~~ - ~~,~~.~ ~Il!' " "". -.," "'Ji "t,'~ VERIFICATION I, Mary Beth Spuhler, hereby verify that the facts contained in the foregoing Response are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. IYJ fit) 1>4 ~~1-- Mary Beth Spuhler Date: August 2, 2001 , ~ < "' '~-~~<w.:, CERTIFICATE OF SERVICE I, BETTY G. RYE, an employee of the law firm of Purcell, Krug & Haller, counsel for plaintiff, hereby certify that service of the foregoing Response to Defendant's Preliminary Objections was made upon the following by placing a copy of same in the United States Mail, postage prepaid, and also by certified mail, return receipt requested, on August 3, 2001 to: Lee Card t/a Custom Shoe Repair 328 Market Street Lemoyne, PA 17043 ~ 1f;. if ~ i;::)(u/, -:;). I< ~' Betty . Rye ,~ ~" ,-"~"- "~ I,. "-"",,",,-,,,,,,,," ' , '" ,-~' ,- ^ ,,~, " T -,~, MARY BETH SPUHLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. No. 01-02770 CUSTOM SHOE REPAIR, LEE CARD, Owner Defendant CIVIL ACTION - LAW AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF I, Mary Beth Spuhler, Plaintiff in the above action, hereby swears and affirms that on the ~5~ay of June, 2001, I sent, by certified mail, return receipt requested, an Amended Complaint in a lawsuit against Defendant, Lee Card t/a Custom Shoe Repair. The Return Receipt Card signed by the Defendant on (Ji.l.....-e- ;2(, ,2001 is attached hereto as Exhibit "A". M ~jJ,,-.; (i~J:jytl\ ~J1!/J-" Ma:rnc; eth Spuhle Sworn and subscribed to :;for~ ~oo:-y ~~ p, ~~ Notary Public NOTARIAL SEAL SH.I\f;(:11 P. DlIt~N, tM,:ry Pu~\i~ f.iiy lJf i-it':rr.::.t:uf9 LI;j.I~lliJl (;l1unty r\hf Cr.rnf.i':. i.~fl ~...~:tr..; [>l!'V.:1, 200" - I I 1 I I I I I llf.. ~ CA~L t<M.:j-f Nl'') Sf., t,e- ;;.~ p foAd..J- f I l~ill1N S fJJ\ . I ?Olf3 I 2. ~Ie Number (Copy from service label) "'. ?oJO Ii, 7D PS Form 3811, July 1999 ",I ,_.~ ~ . "~ " "....~~ ' "='..-.-~' . Complete Items 1, 2, and :i Also complete item 41' Restricted DeIIveJy 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 I' space parmils. 1. Article Addressed to: IfrA/G x D. Is delivery Sddress different from item 11 If YES. enter delivery address below: Agent o Addressee DYes DNa 3. ~Ice Type ')lfCertlfiecl Mail 0 Express Mail o Registered ~Retum Receipt for Merchandise o Insu>ad Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) " .--, 0006 0/ b,- 3 ?Ob Domestic Return Receipt EXHIBIT "A" DYes '. 10259S.Ql).M 52 ~ .- '""""',-- MARY BETH SPUHLER, Plaintiff v. CUSTOM SHOE REPAIR, LEE CARD, Owner Defendant 1,,-'"' :_ .II ,\'" """1 1Jk~d;:i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 01-02770 CIVIL ACTION - LAW AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF I, Mary Beth Spuhler, swears and affirms that on Plaintiff in the above action, rj"\ the ,;LeI' day of May, 2001, I hereby sent, by certified mail, return receipt requested, a Complaint in a lawsuit against Defendant, Lee Card t/a Custom Shoe Repair. The Return Receipt Card signed by the Defendant on (YIP'(j .3 D ,2001 is attached hereto as Exhibit "A". Sworn and subscribed to before me this ~ day of O.l..F ' 2001 0hOJt6-r- \>. k\\--,,__ Notary Public r-=-~\~I- ::;','~..-- '3~}\L_., 1 RI",P-l:,1 t \-. .... i''; !; !'h ;"G \ "~l'~\:' .~ ~ ":'" '~,_:.\,:.' ,I :, ',i":\~ [I{, . ..... "'.' , ,.. ..,..c".c.l ~~i~.::~~":.:':__', ___,___~_ r) /1'lh br-~ --:: )1)~ Beth Spuher .~~ .~ ~ J - Co_.. ~ems 1, 2, and 3. Also complete item 4 ff Restricted Delivery Is desired. Print your name,and a~,'!:ss on the reverse so that we can return the card to, you. . Attach this card to the back of the mailplece, or on the front If space permits. . 1. Article Addressed to: I I I I frll?. ~ LAt<-&- I , ..:- 1 I> H".AIP I C"Z51pl>) ~,P}Oe- r-r I 0-.1 ~L I :3 c:l....f> fIIJ A,UU..T ->r I - P I /.JAl'J 0 1-1 ^"'~. A I (- 170 '+3 2. Mllels ul:. PS om B. Date of Delivery ~.C~n~ - ~-Ol C. Signature ~ Agent X 0 Add_eo D. s delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No (..(;J./. olJ,.J.. ".. it ",Ie,' [.',f"!)' to." 5'. Vf}.1 If .:.;;> · {,...,< r .... 3. Service Type )it' Certified Mall 0 Exp_ Mail o Registered ~etum Receipt for Merchandise o Insureef Mail 0 C.O.D. 4. Restricted Delivery? (Extta Fee) 0 Yes "- ',,- 95-OO-M4l52 EXHIBIT "A" ~ . ., '-~ :., "'Il-i<. ~~~~~~'l.!W~ili'J;"j%1d!~I.:l~~il~-s'j~f!.%;,~,IN';;':'\~'~:$&'''':d<= ",Ai:;ti;i:',",t"W1""')A;'"'!t;:i'.<i,"<~,jj;'Nl$;mj;Zll~:"""'" ~.H'W: '~;'~'1'/~'"~.I!fum~l.~' ~~i"'''''''''- J^' ~ D C <'" vrJ:; rTlrn Z:x.' tf5 !~> -<Z' [:::: 1:-"~,1 2D .0;0 )>C 2" ~ ^' c:) () " ~ ~ I en '""T_J :]1;: ~..:;.() ~-!"':~ --'.;,.-l j S3'''n "~... 5:l -< "'-) ,,-, .;.:- kRl~1~ J, "' ,^', ...... ~~"~'"'~ ~ """,,,"-' "" = -'~..iz,t; - t MARY BETH SPUHLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. No. 01-02770 CUSTOM SHOE REPAIR, LEE CARD, Owner Defendant CIVIL ACTION - LAW AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF I, Mary Beth Spuhler, Plaintiff in the above action, hereby swears and affirms that on the ~S~day of June, 2001, I sent, by certified mail, return receipt requested, an Amended Complaint in a lawsuit against Defendant, Lee Card t/a Custom Shoe Repair. The Return Receipt Card signed by the Defendant on V4.'I'-<- 26 ,2001 is attached hereto as Exhibit nAn. lY1~t~hl~~ Sworn and subscribed to ::fO~ ~oo~ay ~~p.~ Notary Public NOTARIAL SEAL SHARON P. DUNN, Notary Public City 01 Haifisbur9 Dauphin County My Commission Expires Nov. 3, 2001 . , -".~""-"'","~ -'- ft . - ~ ~""-" ""' r.; ~~;;;..,'~~ '~~U"1~' . Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. . Print your name and address on the reverse so that we can return tfIe card to you. . Attach this card to the beck of the mail piece, or on the front If space permits. 1. ArtIcle Addressed to: 1/i .I,~, <JA ~ ;~rlim.5h,,~ ~AI~ ~~p to A:d-t- f 5-1-. ~/I'1iV S,t>A l ?Ol[3 x ~ D. Is delivery address different from item 1? If YES, enter delivery address below: Agent o Addressee [J Yes [J No 3. Service Type ")If Certified Mail 0 Express Mail o Registered ")i(Aetum Receipt for Merchandise [J Insured Mail [J C.O.D. 4. Restricted Delive!)'? (Extra Fee) CJ Yes 2. Article ,Number (Copy from service labeQ ,. Z .. j, :?!IJ~{). .:{''1D ;OQ~l?(J)b PS Form 38'11, July 1 !l~ i '. . '.' Doril8J!ic A.iturn IRebeip" . . ~ ? of, 102S95-0O-M-t19S2 EXHIBIT "A" .~fli~iMj;.ltJ.-~w,14Wjh"-'i',<,"";[!hc~i,*,;&'hI~,",;,~J""'~\-F,-hii:~E':'-',::,(;:!1",,,,,i\(I,tt,"~i>Jc,,,,(i_,,,,,,'i'_:!1~E'o::,,,,',,,,,,,'C\WJ<oi,....~.."i:l1~'~1t~~~!!lii1<l~!l<!''''~'i~iiM.~~i'I~~M ..... " 0 C,1 C ~.: ?- vCC Mini ~-) Z:r; zc;:: I ~2:" C" ~. r:r'"'< .~ :<~. -'0 > C', .".:.,.1 Z .~ ::o~(') >8 :-.) ~rn ~ ,'.) ::CJ <p -< ,. ,-~ , ^~. ,~~~ ~~ ~~. - ~ '. ~" . ~,.. , ~, ~o ~,~, "~ ~""~ ~ L~~ . . MARY BETH SPUHLER, Plaintiff v. CUSTOM SHOE REPAIR, LEE CARD, Owner Defendant . I-. -_i.6 "~"~~~";,i' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. 01-02770 CIVIL ACTION - LAW AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF I, Mary Beth Spuhler, Plaintiff in the above action, hereby swears and affirms that on the ~q ~day of May, 2001, I sent, by certified mail, return receipt requested, a Complaint in a lawsuit against Defendant, Lee Card t/a Custom Shoe Repair. The Return Receipt Card signed by the Defendant on IYIAt}- 3 l)' ,2001 is attached hereto as Exhibit "A". Sworn and subscribed to before me this ~ day A,.",,, f "j: of ~~., 2001 ~~tM \>. k.A- Notary Public NOTARIAL SEAL SHARON r, DUNN, Nolal} Public Cily of Harrisburg ,Dauphin County My CommissIon EY.p1l1lS NoV. 3, 2001 /lJa~PB~ui:1'- . . ''-c "-fi'''-- '. ""'~i', ,. rt;'m~i;.t~ ii~m$i, 2,~;;d3: A1.c!'ci,ffililete Rem 4 ~ Restricted Deliv~ry is desiied.' '. Print your namei~ard addl;l9ss on the reverse so that we can return the card to: you. . Attach this card to the back of the mallplece, or on the front If space permits. . 1. Article Addressed to: frJ Ie. I...u.- ell ~ CVl5I/1"J 5)"e- 4.A1#- .3 ~ fVJ A.Jd:i 51- ~Oko<I-L/ PA { /704-3 , 2. Article .:u.,ur. PS f&nI 3. Service 'TYpe JK" Certified Mail [J Express Mail CJ Registered ~etl,Jrn ReceIpt for Merchandise o Insured Mall 0 C,O,D, 4. Restricted Delivery? (Extra Fee) 0 Yes ~ 195.00-M-0952 EXHIBIT "A" ~J:lilii~~~I.l!-~",'l!';~~i;'C"J""~'''''H'li';fl!,j~~;Mj;\l~b~~lj;~'\bJ!i!1~'k~;~f>l""",,-0l-""'i/~'!,%u""k'3<;",~k~)!!~!i'6..""4Mi5id1';"'~~~M,\~~~illl.~H!il~,j~-@!j'll!llJ/4-*l!t.~d!U r ,,; ~'. j 0 ("~ C Z -,. L/f:-;J ~e J 6' , , -< kU ~o . . :f>8 ~. " ". ~ !"--) ~.< 0 0 C) C <'" -""("/ ~g~ "'" c:: "?-c en i""d. 2'f I , ~-: ~ ~;~:~~ 0, c; ;<: ~" -0 -.'~::d eo _ ~:,~ ;;i zc' ):;.1 , .' c y;? ...::.,fTl '4 ~ "-, N >' .;:- :J:J .......,;;: - . ~," ~~ --~,- ., ,<~~~~" ~ ~ ML ~,~, "'" ',~A <,', ','~ ~ ~- ... ~,- "'_ ,.'__, ~ ,C,'":,-,, ,>-","' ,,,_" ',. '_ "_'_', _ , ,~,~ _, ,of' '-,"_..b.~': 0' ~'-''''~;~E~",,'',-"' ',~, ;" __ I~' '-i"f~ .. - .. ,- PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - MARY BETH SPUHLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs. No. 01-02770 CUSTOM SHOE REPAIR, LEE CARD, Owner Defendant CIVIL ACTION - LAW 1. State matter to be argued (Le., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): (a) Defendant's Preliminary Objections. 2. Names and addresses of all attorneys who will argue the case: (a) Plaintiff: Howard B. Krug, Esquire 1719 North Front Street Harrisburg, PA 17102 (b) Defendant Lee Card, Pro Se Custom Shoe Repair 328 Market Street Lemoyne, PA 17043 3. I will notify all parties in writing within two days that this case has been listed for argument. , / // 4. 2001 Auaust 15. 2001 Date ard B ,squire ey for Plaintiff (717) 234-4178 Phone Number "-""-~. i<, "oj". ~ H ,"~, " _~ , .c:."':~;;~:""'iii~! .. ~ ~ CERTIFICATE OF SERVICE I, BETTY G. RYE, an employee of the law firm of Purcell, Krug & Haller, counsel for Plaintiff, hereby certify that service of the foregoing PRAECIPE FOR LISTING CASE FOR ARGUMENT was made upon the following by placing a copy of same in the United States Mail, postage prepaid, Dauphin County, Pennsylvania, on August 15, 2001: Lee Card Custom Shoe Repair 328 Market Street Lemoyne, PA 17043 ffi 0;.. -d. ~ Betty p. Rye ~~'1iJ<<ih~;;;~~~t!i!I'-l!i,M4!'AW~A.ili~,~~"";r,i'JI~it!!.Ht-;]t:~Mt1fW,h;@-W;:llfuj"l'i1'.%!-i'H,;.,~,;Jr,8;1.ri:J;Mh~lIiI!d"'" ~~ -" ~"'''''''lliJlID~~~1!~.~'f r .~ '" "" ~ .. (") c.' -' C <" :J> ~rF '" zr-" 0) }> c -<.,~ ~c:' :"i: >- ZG ~,~I_: i ~", ~-C' N - >-c' ~':'~l Z >..,) ~> =<! :D -< ""~,n_"",-"",~.,. .~ ~-", ~.,," ,^" ,- -'.~,.' ~," ^""". - ,~~~ .. , ~- " - ; . ,'. ~~ ~ , ,"'" '_>Jw, , i' ~4 ... - , ' . . MARY BETH SPUHLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-2770 CUSTOM SHOE REPAIR, LEE CARD, Owner Defendant CIVIL ACTION - LAW AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I, Howard B. Krug, Esquire, Attorney for the Plaintiff, Mary Beth Spuhler, in the above action, hereby swear and affirm that on the 15th day of August, 2001, I sent, by certified mail, return receipt requested, restricted delivery, a Praecipe for Listing Case for Argument to the Defendant, Custom Shoe Repair, Lee Card, Owner. The Return Receipt Card signed by the Defendant on August 16, 2001 is attached hereto as Exhibit "A". Sworn and sUbscrib~to b"fO~hi" ~ day of ~, 2001. NO~~~' ~ . :.~to~.~;1Y l'ubllc A~1I!!!l.' DauphIn cour12004 .~ My Cqrntills.s~ expires Jan. . . ~ .' '. .' .....,.,snisA8$OCla\lClllotNOtal\llS ~r,fItn,..,.. " '",' / PLAINTIFF "~~ ~~~"~ " ~ - '"~ "~" "",,~ ~", j"flliiU' " \,~ "', 1,,~. - ^ lIP " ,'"., ",' ,",~"",-,:"""",:",-,.,,_., "" -''';-'<''--' '," '. .CompleteitemS"1'; 2,< and 3..Also complete item 4 if R~stricted Delivery is desired. . Print your name and address on the reverse so t:ijat 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. A~e Addressed to: Lee.. C-ew;.{ CLt~~. ShJe RepaiR '. 3/..~ rn 0Jttd- Stre.d- ~I~ \1045 2. Article Number (Copy from service label) c. Signature x D. Is delivery address different from item 1? If YES, enter delivery address below: 3, Service Type ~ Certified Mail D Registered D Insured Mail D Express Mail ..t8II Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) DYes PS Forrri.S81'.i,.JJly ~~99< ":1 7000 .I$.~ ,r;q:;3'1:fp3,.~ . I J I eI" R r, ."." .... : ~om~stfc R urn ecelpt '" 102595.00.M.0952 EXHIBIT "A" t~ii:~W,l>WijO\!',~J0~41\i-:f!ffi;j~M@~iMIM1lf4Jw.;~1lli!t"'ld%"",ih-i~'>'~n'"~I~];r,~t\*~(;2~:,,,,,,,,",;>i;:~~',,*,4,Ji.i,",,t,jitl,olli:li;!i!!iiM~litiirl!!J ~.(> ,..,;, .' i:?,(O f.. "" il ,", "",>"'~'h,'~""",",,,,< .~, ,..J~ " ~ c , . ~< ,~~""'~~~~ ~'"--'~,'~~=<~". ~h1t_",&im~J:i!!mk~~ "';"', L.iiil~ - " (') C <"" '1:;'..' rn tl. --;;-f...! o<c...,...1 C5 t~~ r:-< ;z" I". ~'-- >(--.., ~c5 C ~ :i d " if I , i ! i I I " i.. J1 ~~ "'C ,1,:, ,,", , " <'. ".c,;;'[ ".- ,a/p- ~,'," .~"c:.;c,'.\; " " . MARY BETH SPUHLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-02770 CIVIL ACTION - LAW v. CUSTOM SHOE REPAIR, LEE CARD, OWNER, Defendant PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please withdraw the Preliminary Objections filed on behalf of Defendant Custom Shoe Repair in the above-captioned matter since Plaintiff has timely filed an Amended Complaint in response to Defendant's Preliminary Objections. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ark C. Duffie Attorney 1.0. No. 759 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorneys for Defendant DATED: loin ,2001 :151097 ,,;u~ h ,~, > ~", ",. '.d",-,j',"' _ _',,;_^,,'" ,-""," ','''- ,','--, ) . . ... .. CERTlFICA TE OF SERVICE AND NOW, this .2.Jf" day of 0"'.1><_ , 2001, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe to Withdraw upon the following by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Howard B. Krug, Esquire Nichole M. Staley O'Gorman, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102-4178 DATED: fO/'2.) ,2001 By: ~~i;jP<'==~.J'~ ~!lIiIJ!iilL t ",,'lJ.-_ftjl~~~~''''''''"'''' - . > ~, "'> ~,,,,,,,,~_Mt""~-~"<"'''' " , i ~. (") C) 0 C -;1 ~> ::-,,.~ 0 vCU ,) nll':l --< Z:tl :zC N , ! S?~~~' en '~::::() ~Cj -"f) "1', .J.>C.... ..-i-.. Q~~ Z" .-c Ofn PC: :z U1 ~ -' -< l~ :0 -< .