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Home My WebLink About01-03426 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND PUBLISHERS, INC., .. .. D/b/a THE SENTINEL, .. .. Plaintiff .. .. VS. .. CIVIL ACTION - LAW .. .. .. TIM HOLTZMAN and WEST SHORE .. No. 01-3426 CIVIL TERM .. SUNSET DISTRIBUTORS, INC., d/b/a .. .. EAGLE OAK FURNITURE, INC. .. JURY TRIAL DEMANDED .. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against yon. Yon 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 reqnested by the plaintiff. Yon 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 FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 ~M~ I Roger M. Mor nthal, Esquire Attorney ID# 17143 FISHMAN & MORGENTHAL Attorneys for Plaintiff 95 Alexander Spring Rd" Suite 3 Carlisle, PA 17013 (717) 249-6333 ','f""-~,- J " :-,'c''':_ ,,~ ,"o~' . _ ", ' .- ,"" """ > ~,=. IIMAINSERVERIPUBLIClrogerlSentinel NewspaperIHoltzman Eagle OaklComplaint.doc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND PUBLISHERS, INC., .. .. D/b/a THE SENTINEL, .. .. Plaintiff .. .. vs. .. CIVIL ACTION - LAW .. .. .. TIM HOLTZMAN and WEST SHORE .. No. 01-3426 CIVIL TERM .. SUNSET DISTRIBUTORS, INC., d/b/a .. .. EAGLE OAK FURNITURE, INC. .. JURY TRIAL DEMANDED .. COMPLAINT AND NOW comes the above named Plaintiff, by its attorneys, Fishman & Morgenthal, and states the following cause of action: I. Plaintiff is Cumberland Publishing, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, doing business as The Sentinel, with its principal address and corporate office at 457 East North Street, P.O. Box 130, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Tim Holtzman is an adult individual, sui juris, whose present or last known address is 220 North York Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant West Shore Sunset Distributors, Inc., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, ,",,~, ~! 0,,, ",," , ~ " I\MAINSERVERIPUBLIClrogerlSentinel NewspaperIHoltzman Eagle OaklComplaint.doc having its registered office at 2320 North Second Street, Harrisburg, Dauphin County, Pennsylvania 17106. 4. Defendant, West Shore Sunset Distributors, Inc., was formerly known by the corporate name of Eagle Oak Products, Inc" and it does business under the fictitious name of Eagle Oak Furniture. 5. Plaintiff is in the business, inter alia, of publishing a newspaper of general circulation in Cumberland County, Peunsylvania, with daily and Sunday editions in addition to other specialty publications printed from time to time. 6. At the request of the defendants, Plaintiff published advertisements for defendant in its publication, on the dates and in the sizes and formats that defendants specified. 7. The prices charged to the defendants for publishing the aforementioned advertisements were the same as charged to the plaintiff s other customers for similar advertising, were reasonable and appropriate, and were accepted and agreed to by the defendants. 8, A finance charge of 1.5% per month is charged to defendants, in accordance with the customary business practice of plaintiff and as agreed to by defendants. 9. An itemized statement of the amounts charged to defendants, taken from Plaintiffs books of original entry, is attached hereto as Exhibit "A," showing the amount due from defendants as of March 31, 2001. 2 "<, "4' .--:""" "?",-', ,,' '~, r"=~ '. f," " =~ ~~~ "if'i IIMAINSERVERIPUBLIClrogerlSentinel NewspaperIHoltzrnan Eagle OaklComplaint.doc 10. The amount owed to plaintiff by defendants for the said advertisements as set forth on Exhibit "A" is $2,900.06, which remains unpaid in its entirety. 11. Plaintiff has demanded that defendants pay the amount due, but they have refused to pay the same or any part thereof. 12. Defendants accepted the publication of the advertisements as performed by plaintiff, with no complaints or questions as to their quality or appearance. WHEREFORE, plaintiff demands judgment against the defendants in the amount of $2,900,06, together with interest and costs of suit. Said amount claimed is within the jurisdictional limits for compulsory arbitration in Cumberland County. ~~-- Roger M. Morgenthal, Esquire Supreme Court l.D. #17143 FISHMAN & MORGENTHAL 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 (717) 249-6333 Attorneys for Plaintiff 3 -"'G"~~:'''''. 'I. Wl ~ ' -1 . ~ ,to' JUN-21-01 03:41 AM THE SF-NTINEL 717240711.5 P.02 ['I 13. fIIl.I,lN1H .." , IMItQI~\ ~Mml\ """,,'''''' .-....ttE SENTINEL 6164 I 31076 I' 00-, - , 457 E, NORTH STR EET , IIING ~l .,ap , UKMSUI" ~ P,O, ao~ "0 03/2001 Net 30 CA~LISLE, M '7013 AtMRlfSl:l Iltlllll'lWI I A1Nlnnslllt;IIlJw' IMIl!I ADVERTISING INVOICE and STATEMENT WEST SHORE SUNSET OIST, 6164 IHI ~l'" r I jl! "IW~I'Af'I;~~ r;;r.T.. I~! 1l1,IIW1111rl tUIU II (:t1MfliLN IIICUAIICil'!ii ~~~~;:jr.. :~J'~~~~smjll pJ GIlt'I"~"'MU)NI l~cA NI'rMOUNT previous Balanoe 2857.83 2857.113' 03/31 SllV serviee eharge 1 Anlnt subject 2815.60 42 _ 2J 42.23 ~ r.UHFll'NI A ,'lUll (~,Il " " 'IS .UNAN'l.IIOAM(llJIH ~: fOIALAIII NT r 42.23 42.23 0.00 2815.60 2900.06 If yo~ have q~e8tion., plea.. 0811(717)-243-2611. .UNAPPlIED AMOUN19 ARE INCLUDED IN TOTA~ AMOUNT DUe PLEASE DETACH AND RETURN THIS WITH YOUR REMITTANCE Gl THE SENTINEL 457 E, NORTH STREET P,O, BOX 130 CARLISLE, PA 17013 II ^1.1.f'INI!!IlM~[I' 6164 , JNVfJII~I,I!:iIA l '-lINl NllMlll . 11I1I1!fr; Ilf'!l 31076 I 03/31nDDl I " 1111111 AMI,lImll~ll 2900.06 [!!I i1111111"1:':I~IHI ~"'~I /lNll AI'IflIlI~:-; tNII.R AN lit:! Lm:lt.'!ll~ WEST SHORE SUNS.ET OIST, $ 220 N YORK STREET MECHANlCSBURG 111,111.,.111.",1.1"1,1,,,/,11 PA 17055 301DOOODDDOO~1~40000000DOOOD002~OOObDOQ029a006b e~HI",T .A" ~;" ~ .,..' i""', ,..,,-,,, ~ ,":", ," _.' , u, "','C ," VERIFICATION I, Wendy Metzger, verify that I am the Business Manager of The Sentinel, plaintiff in this action and that the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I further certify that I am authorized by Plaintiff to make this verification on its behalf. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. S 4904 relating to unsworn falsification to authorities. Date: c.l3.3J 0 I "t~+ '. ,~ . ~~"j'. " ,. , ", W~ge~ager C7 , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND PUBLISHERS, INC., .. .. D/b/a THE SENTINEL, .. .. Plaintiff .. .. vs. .. CIVIL ACTION - LAW .. .. .. TIM HOLTZMAN and WEST SHORE .. No. 01-3426 CIVIL TERM .. SUNSET DISTRIBUTORS, INe., d/b/a .. .. EAGLE OAK FURNITURE, INC. .. JURY TRIAL DEMANDED .. CERTIFICATE OF SERVICE I, Roger M. Morgenthal, Esquire, hereby certify that I have served a true and correct copy of the foregoing COMPLAINT upon the Defendants above named, by serving their Attorney, Henry W. VanEck, Esquire, by United States Mail, First Class, Postage Prepaid, on June2S ,2001, at the following address: Henry W. VanEck, Esquire CUNNINGHAM & CHERNICOFF, P.C. P.O. Box 60457 Harrisburg, PA 17106-0457 FISHMAN & MORGENTHAL ~o~~ 95 Alexander Spring Road, Suite 3 Carlisle, P A 17013 (717) 249-6333 Attorney for Plaintiff ID#17143 ?~t;.~. , '''c'- p "'C"",,-: , ~ ---, ~, " "~ () '-or~ h~r:~~' ~-",,!...I.J ~J} (;) :'> r:;i-:;: .':,- ',_.,.i ,)::~ '- ~~~ :3! !i I I , I , I , , I' II I' II II Ii Ii I' J 1:,-', 1Xil!P, ~u,~ !i,~~~I!W~~llIl~j:~iJf~'$-~~,~,",~,;~'""'t;;rl".H(;;'J:.i1'~'i~'!;,H;,""":;'l,p-ijH~m",'ff43':;i,~W''0''iW'ii!f''-':,"" (':'.) ~, ( : -71 ' ;::::;: ""'- 1.1 ,- 'T) G ''0 (.,; ."n :2: J~-' ',-) ~? -n ;::-''S :').\1 :::'1 5.::1 -< t" ()1 .'iN,r,~'I~'ffi-~';j(-!JHrt~ COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL " ~, COURT OF COMMON PLEAS CUMBERLAND COUNTY JUDICIAL DISTRICT PENNSYLVANIA FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 01 - J4J.t::. C,'o~C-t~ 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. NAMEOFApPELLA"T RruL W.S. Sunset Dist. D/B/A TIM HOLTZMAN, ~ Fa le Oak Fur MAG. CIST. NO. OR NAME OF D.J. 09-2-01 ADDRESS OF APPELLANT 220 North York street CITY Mechanicsburg CLAIM NO. CV-0000150-01 STATE ZIP CODE PA 17055 (DEFENDANT) and W.S. Sunset Tim Holtzman,~. DrST. D/B/A Fur DATE OF JUDGMErh 5/23/01 IN THE CASE Of (PLAINTIFF) The Sentinel CV YEAR LT YEAR PELLANTOR HISATTof1RAG~e Oak 'W."v, ,JYE!oq.~ #83087 This block will be signed ONLY when this notation is required under PA, R,C.P.J,P, No, 1008B, This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case, If app,!/Iaflt wasClai(pant,(sE\epA R9.f'.J.P. No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within/W13l1ty (20) days after fjling his NOTICE otAPPEAL. Signature of Prothonotary or Deputy PRAECIPE 19 EN1;l=RR1,lLE TO FILE COM.PLAINT 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 actiOribefore District Justice, IF NOT USED, detach from copy of notice of appeal to be served upon appellee, ' PRAECIPE: To Prothonotary The Sentinel Enter rule upon , appeUee(s), to file a complaint in this appeal :" '('lame of appelleefs), (Common Pleas No.OI- ?4:Jb ("'O~LJ within twenty (20) days after service of rule or 1€.Il..nV RULE: To The Sentinel Name of appellee(s) , appellee(s) (1) 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 sewille of this rule uPI'",you Ilr- personal service or by certified or registered mail. . 'j If you do not file a complaint wjt~in thiS Bme; a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE:' . ' (2) (3) The date of service of this'r~le if servic}! wasby mail is the date of the mailing. Date: _ )l.Jd~ 4,Year.;;}oO/ '- aev;.&'. fJ ~n/'li'l'1' ~n-... Signature af Pro/ha 't;;';r:;~' '~' White - Green - Yellow - Pink Gold Prothonotary Copy Court File Copy Appelant's Copy Appellee Copy D, J, Copy Proth. - 76 ;"^";'~}i"iijiiffi'A!'t~&!i~lgjD\~.!lii.i"f~~'~'(q~;-;"'r~~l!IlI .<.ii! _~""""""'~~,_,_..,'___ '=", ,.."," ;- .., PROOF OF SERVI.CE OF NOTICE, OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILEDWn'HIN TEN (10) 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 o a copy of the,Notice of Appeal" Common Pleas No. , upon the District Justice de!~ignated therein 'on (~te of service) , year ,,' 0 by personat service D'by (certified) (registe!:ed) mail, sender's receipt attached hereto, and upon the appellee, (name _, _~___,' on , year _~__,__, 0 by personal service 0 by (certified) (registered) mail, sender's receipt attac:hed hereto. o and'further that I served the,Rule tQ;File a Complaint accompanying the above Notice of Appeal upon the appellee(s) ~o whom the Rule was addressed on _________~, year ___~.__~, 0 by personal service 0 by (certitied) (registered) mail, sender's,receipt attached hereto. ,SWORN (AFFIRMED) AND SU~SCRIBED BEFORE ME THIS DAY OF ___' YEAR __', Signature of official before whom affidavit was made Title Of official ~~ My commission expires on ___,__, year ~~ !l>,~ --c:\iJ ~ "1'\:""",;"),,",,",'","'lf";\"7;';I"--.",,-" ~ .t .!Q 0( 0 ~ , ' II? .8 ~ I 0 \ ~~ ~t '-!....., ~ Signature of Affiant () <:.:> ~ c: $;: ;;Rw, L. '~ c: Z::c :;;e 6'1:tJ ~~ I r- ""crrm "". is? ~O -';1 '4U 3;8 :C'T, 3: Q:!! /0 >c "tft Om ~ Ul ~ -..I, ....'. ~ COMMONW6ALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag, Dist.No.: 09-2-01 NOTICE OF JUDGMENTITRANSCRIPl CIVIL CASE PLAINTIFF: NAME and ADDRESS fTHE SENTINEL 457 EAST NORTH ST CARLISLE, PA 17013 L VS. OJ Name: Hon, ; " , " l. 'i~;:~;.t?\'~';~l:.'>-;'~"?f~ PAULA P. CORREAL Add"'" 1 COURTHOUSE SQUARE cARLISLE, PA . ::~ :;~':. ~"ec','~:'~:,:! ,", ~ ":.'?~'~:" ..:~?!,; :"~~~~,:~"~b~.;:\.\"~Y;'.~'\"\;~:,:~:~~',:::::;~': '-'" " " " " " ~.i.ph,~.'(n 7"'24,O-'6?64," ,17~p ';0009 ",' HENRY VANECK 2320 N SECOND ST HARRISBURG, PA 17110 DEFENDANT: NAME ana ADDRESS iBOLTZM?\N, Tt,M, .... E:TAL, 220N,YORKSTREET . ", . MECHANICSBURG,PA 17055 L Docket No.: CV- 0000150 - 01 Date Filed: 4/10/01 . ,:"',,:' '- ',:'" ,~~'~' "'-"'.. .-:'};~;::'<:!:\":~ ,.".-<, ,~':.\l""~; ATTORNEY DEP" PRIVATE' : ," iq " r-, +, ..--' THIS IS TO NOTIFY YOU THAT; " , " .. "C'"'" Judgment: -.." 'FOR PI,l\.TNTIFF [i] Judgment was entered for: (Name) "'''1': !'lRf\Pl'TNRT. [i] Judgment was ~ntered against: (Name) W R RI1IIlRRT nTRT" n/J:l/l\. RlU~T,R Ol\.t{ FTTR . '-~--"'~'~'--'.""~''-''''''~''"-'~'''.,-' in the amount of $ ::1,122 ':\2 on: (Date of Judgment) (Date & Time) c; 12':\ 101 . i ~ o o Damages will be assessed on: ',. " , .", . "")-' ";. 'e,., Defendants are jointlY"and severally liable., O Amount of Judgment Subject to Attachment/Act 5 of 1996 $ .' "', , ;" ", Amount of Judgment $ 3.023~19 Judgment Costs ' $ 99~13 Interest on Judgmeht $ .00 Attorney Fees $ .00 Total $ 3.122.32 Post Judgment Credits $ Post Judgment Costs $ ---------_.-- ------------ Certified Judgment Total $ " ;,.'<:' ~~ Ii 1 o This case dismissed without prejudice.. o Levy is stayed for days or 0 generally stayed. o Objection to levy has been filed and hearing wiU be held:._ . " ,_. - Date: Place: . Time: L, ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTIT SCRIPT.FORM WITH YOUR NOTICE OF APPEAL. .." j,."....~".../i,.f ."....;":',....'.J. t!:. -_Date".:", c!4tr1ct"JuS!lce . , .~l ::'7",.,.-.. <:~ ".....'.~;.. c.' ", 'c~rti . th 1 this is a tru7and corr. "t co..p.Y of thejcoldOf)~e.. proceed' /gs COn!a.i~ii.the)~. g. ~.ce:.."ni...... ., 'i , .- ;', /___"j/'" /". ;: ~~ { "''",... ,,'-"',t, . , ,""':" ' J Date~ . ,r v".,:..- \ '" ._,,~.""" ,-" l"./( /.;."\ ,.., . "< -: ~ Distr~ct' Justice ..... ....'................ ,,' ~, >~~ ~.'. .." f' --'\ , ,,' My commission expires first Monday of January, 2006 ..'::~ps.E~~::~:.,~'. .' ,.' ~l'~.f', ' , ' ' '..' ..,...... Aope 315-99 ~~-:'~t......\ .~~... ;1: , 1: . ""f-. ~~ . ," . T' , , , , COMMONWEALTH OF PENNSYLVANIA ~ . COUNTY OF: CUMBERLAlID ,. Mag. Dlst. No.: 09-2-01 OJ Name: Hon. PAULA P. CORREAL A,",.ss 1 COURTHOUSE SQUARE CARLISLE, PA T".pnoo., (717 ) 240-6564 17013-0000 ATTORNEY DEF PRIVATE : HENRY VANECK 2320 N SECOND ST HARRISBURG, PA 17110 " . '" NOTICE OF JUDGMENTITRANSCRIPT PLAINTIFF: CIVI~M~a~~!Ess !THE SENTINEL 457 EAST NORTH ST CARLISLE, PA 17013 L VS. DEFENDANT: NAME and ADDRESS 'HOLTZMAN, TIM, ET AL. 220 N. YORK STREET MECHANICSBURG, PA 17055 L Docket No,: CV-0000150 -01 Date Filed: 4/10/01 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ~ Judgment was entered for: (Name) 'l"RR !lR1l1'T'TNRT. ~ Judgment was E?ntered against: (Name) HOT.T'lMlI.N, TTM in the amount of $ ~,122 ~2 on: (Date of Judgment) (Date&Time) .' <;/2l/01 . . o Defendants are jointly and severally liable. "".,' '" . o Damages will be assess.ed oi<>~' . -' " ,', . -. " Amount of Judgment' $ 3.023.19 Judgment Costs . , $ 99.13 interest on Judgment $ .' " .00 Attorney Fees $ .00 Total $ 3.122.32 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ . D.. This case dismissed without pr~jU~ice:.. O Amount of Judgment Subject to AttachmenV Act 5 of 1996 $ o o Levy is stayed for days or 0 generally stayed. Objection to levy has been filed and hearing will be held: Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER TI::IE ENTRY. OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOT ARYICI.ERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUD~ A COPY-OF THIS NOTICE OF JUDGMENTIT SCRIPT FORM WITH VOURJiQT.l(;,;,OF APPEAL ;f,;'!!. Date' ..' ...~-< ~. "'>;C~:~J5!~,f~;~~stice .." . ! ,." . ~ ./'100, "" ',', ')t<:.<. " . I c~. rti, ihat is is a trUe and corr.ed COPY8Uh~.eCord 9f,!~p~6ceedings cp~tff!l'n~lh~~j~~inent. ." "'. . j "I ' /'I/"~) (' ....".?~ /'. j/; ~, '..~r' " : .- - D t'. /.--" 11.'! ......._-....jJ(... _l, <' ~l ".<~. , ~"n:..:' t'J ' a e., C"~"',,,,",,~7'-"-'- '. .,r .' ,''0'- to' "..""" rle ustlce . ..- .'~ ,;' :.,.. .. My commission expires first Monday of January, AOPC 315.99 2006 ,~ 1,:;'; .... ' '.,'" _.' 'viC/ "soAli\ ~, ... \. ....... - .,' . .'.~ '~t.,.~~....,...." 'lfl, n - '""", ,M, - " PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF bf.lr{ j P I-l ( N : 55 AFFIDAVIT: I hereby swear or affirm that I served "rA a copy of the Not.ice of Appeal, Common Pleas No. --.01- :sLf ;;)~,'.' , ,upon the District Justice designated therein on ~ (date of service) _ ~-2--, year .:2 00/ " 0 by personal service ~ by ~;;;j) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name ---=:[1,p 5~eJ . '___" on ==rUN '7 . year _~DQL. 0 by personal service [2:3' by~ifie~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 appellee(s) to whom the Rule was addressed on ~ _7___, year ;2()[LL, 0 by personal service ~ by 6r;~~ (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME -II, . THIS 7 DAY OF -JiLJ.lJ?L, YEAR;:l~~C ~~, tf~_~_ Signature of offICial before whom affidavit was made ~..sI/~ Signature of Ament Tille of offiCial My commission expires on , year NOI8IIaI SeoI bindA B. Coven, Notary PubUc i'tIft\IIllIlQ. Dallllhill countY My elllM\lUlOn i!JlIlIIU FIIb, 25, 2002 !,4.m~e', ~."".vm~ll ~tton of N0tari8S "W"~ > ~,,_ " "'''~'',,,,, 'I !j ~ [J'" <0 .-'I JT'I . -rhe ~n+; Y\e.l .,,-,-- " ~, .. ,",d v. -rim t-/olhI'Y\QI)} Lu. s. SUr)s~t Ui'St- d/b/a. Ea9~ Oo..K htrn. c V - DCOOISQ-O I Lo.SR. ~o. 0 1- 3~~~ Postage $ Certified Fee Return Receipt Fee (T1 (Endorsement Reql.JJred) o C Restricted Delivery .Fee CJ (Endorsement Requimd) Total Postage & Fees "" ~~ ",'~ .., 'T.., [J'" <0 '.-'I JT'I Postage Certified Fee Postmark H". Postmark H.", Rewm Recelpt Fee rn (Endorsement Required) C Restricted Delivery ~ ~ {Endcrsement Aequ Total Postage & Fees $ CJ ~ SB'.:r. 'P~~...t...Q.Q..c[~L.....'.'.mnn..mmmm..' ~ ::j~~;~~1h;~~~..S~ti3....m.m.mm...,.n:"n f'-- I ..... . . :11 . - --, . ...-' ., , . ,.. "Y,"".. "' - , " ,V,'", '~~,i..I::':,"""",H~,," COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CIJW:;ERUWD COUN'Yt NOTICE OF APPEAL , :t '.. r,;o FROM JUDICIAL DISTRICT PENNSYLV1\NIA ..' NOTICE OF. APP.EAL Notice is given ttrat the appellant has filed inthe above .Court of Common Pleas an appeal frorn the judgment rendered by the District Justice on the date and in the case mentioned below. . N~MEO;A:~Elc;~T . .and.. W.S. Sut1set Dist. D/B/A 1'11'1 ,lOLTZMAN, :BIK1I!lK Ea Ie Oak Fur MAG. DIST. NO, OR NAME OF D.J. 09-2-01 STATE ZIP CODE PA 17055 (DEFENDANT) and W.S. Sunset 'l'im Holtzman,~. D15T. D/B/A vs, "SIGNATUR7APELLAN~"D:toL7~AG~e' oak fur Henry W. Y, Eck Esq. ID #83087 This block will be signed ONLY when this notation is required under PA, If appellant was Claimant.. (see PA R.C.P.J.P. R.C,P.J,P, No,1008B, No. t001(6)) in action before,dislriclJustice, he This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case, MUST FILE A COMPL'I\INT within twenty (20) days after filing his NOTtCE of APPEAL. ADDRESS OF APPElLANT 220 North York Street CITY Mechanicsburg DATE OF JUDGMENT 5/2.3!~1 CV YEAR IN THE CASE OF (PLAINTIFF) The, Senti~l 'f"' '\f CIl-0000150-01 ,,;:x CLA!M NO. LT YEAR Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULETO FiLE (This section of form to be used ONL Y'when appellant was DEFENDANT (see PA R.C,P,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: To Prothonotary Enter rule upon 'Ihe Sentinel Name of appel/ee(s) , , appellile(s), to!ile acompJaint in this appeal (Common Pleas No-OI-.1'1Jl.. C,'v; L) within twenty (20) days after service of rule or 1E.1l...rY\ " ' " RULE~ ' To " . '.rhes.entinel Name of appe/fee(s) " ,appellee(,,)' ' , , (1) YqU>~,~{lQij(ied that a rule is hereby entered upon you to !ilea complaint in this appeal within twenty(20) days ",,~(I'ie:~'fe'OI:service of this rule upon you by personal service or by certified or registered mail. ,,;"';'~\\ ~,:,~ >,~'\, ;"-< .-'~:::,' .::[~ '1\ you dorio! file~cqmplaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU ,i's UPONPRAECIfl:E" ';';(3) Date: Uu .'1t=' . " " ' ~,' I,' Tke dale of $ervice of this rule if service was by mail is the date of the mailing. '- afYhC? Q,,~~(!\,~ Signature QIProtho otary or Deputy' If'" If , Year';;'DOI '.' Whife . Green ~ Yellow Pink Gold , " """ ProthQnqfdry Copy,' Court Fil8'::COp~""'" Appelant's Copy Appellee Copy D, J, Copy ,,-~ Profh, - 76 , - _0 l~"" '""'~'----"q"'~""O""";7"""-'~""'- , ,-,,,~=,"T",,,,>-,,,,, ,"':"~'--"""'1""~"""'~'1"',.,,"1i,,"', ,,;,,,,', ~--"q'""~'C__"~"",,,, 1':''''=''--'-'"'''''',r:'''''~;',"1,''T; ~~"~"," , ':,'..... 1. , ,~" PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (1 0) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF/)KtUP f-{ ( }j ; 55 AFFI DAVIT: I hereby swear or affirm that I served (S ~ 'rA a c. OPY at the No. .~iC. e.ot A. ppeal, Cammon Pleas NO,.J21- ..?:, If ~~_. _-----:--' upo. n the District Justice designated therein on If (date ofservic~) , ~~-'.!1--~, year .:2 00 / "EJ by personal service 'tzj by ~rt;;;~ (registered) mail, sender's receipt attached hereto, and upon the appellee, (name ~p S~cl. . .. _____~_, on ~L-, year _,;}.-QQL, 0 by personal service (23ibY~ifie~registered) mail, sender's receipt attached hereto. M1.and furthenthat I served, the Rule to File a Complaint accompanying the above Notice of AppealllPon the appellee(s) to r wham the Ruie was addressed on ~_'Z____, year ;:]QJ)j__", 0 by personal service ~ by ~~ (registered) mail, sender's receipt attached hereto. SWORN(AFFIRMED) AND SUBSCRIBED BEFORE ME r;-Ih i . o? AAI THIS /. DAY OF -<.liLJ.)~ ,YEAR 1!'t~_" . /.-J-'" ~ ~ / ~~-~~~- Signature of Ament Notarial S8aI WI\lII IoCea\8!1,.JIIotalYpubIic ,,1~1O,(Daupl1t~~ My~~ Feb. 25.2002 M~ffi~~~: P.l1n.v\'I!l~1l /osSQda\iOll of Notanes 0 C) 0 C '"'f1 ;r;: '-- .-1 -om c:: ~.~\ ~~~ rnrr :e Z:.G ':H,t? ~C .;;:-; ~,~!~)\ ~e -0 ,',- ~o -r" ,:::,,~C) ~....p-- -c ~ (~/'n 5c "-' z :::> )': ::< tY' ~ Signature of officialbefore whom affidavit was ma?e Tille of official My commission expires on __,__, year __,. '. ;, -. . "' ,he. Serrt M I v. -rim t-IolhmoJ'\ Lv, S. Sw,se.t Di~. d/b/a. Eagle. Oa-K l=km. Cv - OCOOISO-D I Co..SR. tJo 01- 3Qdlo IT' <0 M fT1 Postage $ IT' <0 M fT1 Postage $ Certified Fee Certified Fee Return Receipt Fee rn (Endorsement Requtredj Cl CJ Restricted Delivery fee c::J (EndorsementRequlrad) Total Postage & Fees Postmark ","' Return Rece\ptFee ITI (EndorSement Raqulred) C1 Restricted Delivery ,Fee g {Endorsement Required) Total Postage & Fees $ Cl ~ S!!!' ~ PlAM.la. e"..QQ.C!::~L.m....""....,,,..,,"m..". M y;.,d.:'.m....m..''SOX'NO. S g St't~~thQM5.~". .,~..m'''..''..''...m.mm...'... Cl crdsiate, + l'- Postmark "."' '".. ~~ ,--, ~- . .~.-- ".~ , ""-- ,~, '" - . <:..... '" "" PROOF OF SERVICE OF NonCE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF 1)/4/ j P f-{ ( )J ; S5 AFFIDAVIT: I hereby swear or affirm that I served rA a copy of the Notice of Appeal, Common Pleas No. ~ ~(.,', .' upon the DiStrict Justice designated therein on If (date of setVice) _ --:s:u..~-1-_. year ;2 00 I " 0 by personal seNice ~ by ~ (registered) mail, sender's receipt attached hereto. and upon the appellee, (name --=r:he.-$~_ . ___.' on ::::rLlJ'\l 7 . year ,,;;20fLL. 0 by personal seNice ~by<€tijje~registered) mail, sender's receipt attached hereto, ~ and further that i served the Rule 10 File e Complaint accompanying tha above Nollce of Appeal upon the appellee(s) to whom the Rule was addressed on ~_7___. year 2Q..l2..L. 0 by personalseNice ~by~rt~~ (registered) mail. sende~. receipt attached hereto,' . SWORN (AFFIRMED) AND SUBSCRISED BEFORE ME -II, ' THIS)' DAY OF _Jit.Jl1:L YEAR 2.MC ~~. :tf. .aAJ~_, SignlltlJrB of official befOre whom aWdalo'it was made ~. J~~~__ Signature 01 Afli.!N11 TiJJeoloffit:ial My commission expires an I year ~_.' (') 0 9n c:: :g,: <:.- ...\ -OW c;::: ;'\;~1} 1T1fT! :;;e Z::t) -n~!j ZC ....)\.. , ClJ ..< ':~:'~{~j -<~:. ~Cl -0 'f,~ :~ ~() :x ~"~ r~ 5>2 ~.:: c5f'n Z ,.::> 't;i ~ :xl (,1' '-< NGfIuIof SolI unlll e. ~ NoIldyPuIIIIC HI"'~CclUItIy My tlllmnII_e.... Felt, as. 2002 "'$"'llef. ..hn.~~1l ~C11 Notartes ~" c ".. '", " Ii' i".' "~' ..' ,_ O~' , ..., ,.-1 THE SENTINEL v. TIM HOLTZMAN, W.S. FURNITURE CV-0000150-01 Case No. 01-3426 SUNSET DIST. d/b/a EAGLE OAK U', I -Complete l~lTIB 1 and/or 2 for, additional services. -Complete items 3, 48, and 4b; I .Print your name and address on the reverse of this form 80 that we can retum this card to you. -A1\ach this ionn to the front of the mallpieee, Of on the back if apace does not permit, . _Wrife-Rstum RBC8ipt RequSSlsd" on the maflplece below the article number. ., -The Return Receipt will show to whom the artiCle was delivered and the date delivered, i 3, Article Addressed to: D ,j _ 'Pt4Jo.. P. CtJrreo..( I C!.-Ou.r!-house ~ (};;.rlr;;t( PA /10{ I e1so wish to receive 1I1e following services (for an extre fee): I 1. 0 Addressee's Address 1: 2. 0 Restricted Delivery .I COnsult postmaster for fee. I 7 oooe tS30rrxxi:, 51'J1 0 Ire? . 4b. Service Type I o Registered ~Certifjed o Express Mail 0 Insured f ' o Return Receipt for Merchandise 0 COD 7. Date of DeliVery&. ,/1 ~O \ t J . Received By: (Print Name) 8. Addressee's Address (Only if requested and fee is paid) I 6. Signature: (Addrsssee or Agent) X'. "~"" ,;\ Ii .' ",i .II ' ." . JIis Form S 11, December 1994 i" 102595'97,B.0179 Domestic Retum Receipt T I I I i I ~h~Add~~~'l1ef 157 C, iJorth $f. &,!lS{f-/ Pit J '/O!'5 ~ . 5, Received By: (Ptlnt Name) R: ,-CQinpl_ltems 1 and/or 2 for addltfonaJ services. . Complete ltem8 3. 48, and 4b. .Print yOUr name and address on the reverse of this fonn 80 that we can return this card 10 you. -AltaCh this form to the front of the maitRJe~~ or on the back if space doeS not permit. - aWr\te-RI9tum Rse&ipf RsqU98led-on1he maHpiece ~ the article number. -TOO Rerum Receipt will show to whOm the article ~',:delivered and the date delivered. '-.~d~;~ I else wish to receive 1I1e following services (for an extra fee): 1. 0 Addressee's Addrese f 2. 0 Restricted Delivery & COnsult postmaster for fee. i 4a. Article Number i 70001530 DtJo3 31No ISO lE 4b. Service Type i o Registered 'tlf Certlfted II; o Express Mail /O.....lnsuredt Oiletum Receipt for Merchandise 0 COD '! 7. Date of De' ry,,-/1' o/il .-/ U i- t ~ 'L_''_'____' _ __ 8. Addressee's Address (Only If and fetJ Is paid) Ii 6. Sig~ I. Xi! .I P$ ...J lceipt "~,~ ' 0 , ,- ~~_[L _, ",v," .,,, '-, ~,"' ;.,... ~' '"'c,,' ,',"'" ,),.."n ,""'1 ]~, 'I"" ," :I1Hl~ " <:!,o""r'~"~:"11 , "'JjU"'" fu'Y'''=i'!l'jir~':';c", ~ :',"'"V',i-1\;il:j"*.'" '~;:'il:v'1:-i"0"';'l~~'""'"~'-~i -.I 'T ":''-~, "l~lf'f"'l '-, '~g1:zl;~' .~... )"" II (') CJ C ~ , -00: C nlrT; Z Z:-J:::! zr- cnl'.~: \..0 -</, ~CJ := [~ ).""0 ::h. Z,,-\ [() >c ill Z ::2 .c:- ^,',-' .". K~~'.~~~~~_","", ,.."l1lIllfJ'!I!l!jli~flf'I';""!!lJ~,~llIl~ " CUMBERLAND PUBLISHERS, INC. d/b/a THE SENTINEL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW TIMOTHY HOLTZMAN and WEST SHORE SUNSET DISTRIBUTORS, INC., d/b/a EAGLE OAK FURNITURE, INC., Defendants NO. 01-3426 CIVIL TERM JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS AND NOW, comes Defendant Timothy Holtzman, by and through his attorneys, Cunningham & Chernicoff, P.C., and files his Preliminary Objections to the Complaint filed by Cumberland Publishers, Inc. d/b/a The Sentinel, and in support thereof avers as follows: PARTIES 1. Cumberland Publishers, Inc., d/b/a The Sentinel is a Pennsylvania corporation with a principal place of business at 457 East North Street, P.O. Box 130, Carlisle, Cumberland County, Pennsylvania 17013. 2. Named Defendant, Timothy Holtzman ("Defendant Holtzman"), is an adult individual currently residing at 220 North York Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. ;"""'~ t'l,. C__',' ,ll': 3. Named Defendant West Shore Sunset Distributors, Inc., d/b/a Eagle Oak Furniture, Inc. ("Eagle Oak") is a Pennsylvania corporation formerly having its registered office at 2320 North Second Street, Harrisburg, Dauphin County, Pennsylvania 17110. BACKGROUND 4. On or about June 25, 2001, Plaintiff filed its Complaint against the above named Defendants for the collection of money allegedly owed by Defendants to Plaintiff. 5. In its Complaint, Plaintiff generally alleges that one or both of the Defendants entered into either a written or oral agreement with the Plaintiff whereby Plaintiff agreed to publish advertisements for the benefit of Defendant West Shore Sunset Distributors, Inc. 6. Plaintiffs Complaint does not identify which of the Defendants is party to the alleged contract or agreement with Plaintiff, nor does the Complaint attach a copy of the alleged contract or state with specificity the material terms of such alleged contract. COUNT I INSUFFICIENT SEE OF A PLEADING - Pa.R.C.P.I028(a)(3) 7. Paragraphs 1 through 6 are incorporated herein by reference as if more fully set forth. \:'i'f'l. , ,,'~ , . 1"'i"<:1,' <,c'~_ . . 8. Plaintiff has failed to inform Defendant Holtzman with sufficient accuracy and completeness, the specific basis upon which recovery is sought. Specifically, paragraph 6 of Plaintiff s Complaint states that the Plaintiff published advertisements for one of the Defendants in its publication. However, such averment fails to state which of the Defendants received the benefit of the publication. The averment also fails to state which of the Defendants allegedly made the request. 9. Plaintiffs Complaint also fails to set forth whether the alleged agreement or request for publication referred to therein and allegedly made by one or both of the Defendants was oral or written, and if written, where such agreement may be inspected and copied. 10. Plaintiffs Complaint also fails to set forth with sufficient specificity the terms of the alleged agreement or "request" in order to establish the grounds of the alleged liability by either or both Defendants. 11. If Plaintiff is alleging that a contract or agreement exists (a fact that cannot be determined from the face of Plaintiffs Complaint and is therefore expressly denied for purposes of this pleading) by and between Plaintiff and Defendant Eagle Oak, and that such contract or agreement forms the basis of its Complaint, then Plaintiff also seeks to "pierce the corporate veil" of Eagle Oak in order to recover damages from Defendant Holtzman, individually. Plaintiff has failed to plead, however, the elements necessary to "pierce the corporate veil", as ., . " '0 demonstrated by the lack of specific facts in the Plaintiff s Complaint evidencing same. 12. In the absence of an agreement between Plaintiff and Defendant Holtzman, individually, Plaintiff cannot sustain its cause of action against Defendant Timothy Holtzman unless it pleads the elements necessary to pierce the corporate veil. Plaintiff has failed to plead the elements necessary to pierce the corporate veil. 13. Because ofthe failure of Plaintiffs Complaint to inform Defendant Holtzman with accuracy and completeness, of the specific basis upon which recovery is sought, Defendant Holtzman is unable to adequately respond to the allegations raised by the Plaintiff in its Complaint. WHEREFORE, Defendant Timothy Holtzman, respectfully requests that this Honorable Court dismiss the Plaintiffs Complaint as it pertains to Defendant Timothy Holtzman, individually, with prejudice and further award Defendant Timothy Holtzman all such other relief as is proper and just. ",,,!, ~. .. COUNT II FAILURE OF A PLEADING TO CONFORM TO LAW OR RULE OF COURT- Pa.R.C.P.I028(a)(2) 14. Paragraphs 1 through 13 are incorporated herein by reference as if more fully set forth. 15. Plaintiffs Complaint references a "request" that was allegedly made by one or both of the Defendants to Plaintiff for the publication of certain advertisements. Again, Plaintiffs Complaint fails to identify, with sufficient specifically, the nature of the alleged "request", whether it was oral or written, who made the alleged request and when such "request" was allegedly made. . 16. The Plaintiff has also failed to provide in its Complaint any specification of what "advertisements" were purchased including the nature and substance of the alleged advertisements. No copies of such advertisements are attached to Plaintiffs Complaint. 17, The Plaintiff has failed to state in its Complaint the date(s) that the "advertisements" were allegedly purchased. ,~,,~'!~~ ., ,~I . " , 18. Pursuant to Pa.R.C.P. 1019(a) the material facts on which a cause of action or defense is raised shall be stated in a concise and sununary form. 19. Because the Plaintiff has failed to specifically plead the advertisements allegedly purchased and/or the services allegedly provided by the Plaintiff, and the nature and timing of the alleged agreement, contract, or "request" forming the basis of Plaintiffs Complaint, Defendants cannot properly investigate or respond to Plaintiffs claim. 20. Plaintiff has also failed to attach to its Complaint a copy of any allegedly written requests which forms the basis of the Plaintiff s cause of action. 21. Pursuant to Pa.R.C.P. 1019(h) a pleading shall state specifically whether any claim or defense set forth therein is based upon a writing. If so, the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or copy is not available to them, it is sufficient to so state, together with the reason, and to set forth the substance of the writing. 22. The alleged "request" allegedly made by one or both of the Defendants in this matter is material to the cause of action and thus, in accordance with Pa.R.C.P. 1019(h), must be attached as an exhibit to the Plaintiffs Complaint. ""'='-" , ~..,...."~,, 23. The Plaintiff has neither attached copies of the writings upon which it bases its purported allegations for breach of contract, nor has Plaintiff offered an explanation that its claim is based on oral communications. 24. Because Plaintiff has failed to attach copies of the purported writings upon which Plaintiff bases its cause of action, Plaintiff s Complaint fails to conform to law or rule of Court. WHEREFORE, Defendant Timothy Holtzman, respectfully requests that this Honorable Court dismiss the Plaintiff's Complaint as it pertains to Defendant Timothy Holtzman, individually, with prejudice and further award Defendant Timothy Holtzman all such other relief as is proper and just. COUNT III DEMUR - PURSUANT TO Pa.R.C.P.I028(a)(1) LACK OF JURISDICTION OVER DEFENDANT 25. Paragraphs 1 through 24 are incorporated herein by reference as ifmore fully set forth. 26. Plaintiff, Cumberland Publishers, Inc. d/b/a The Sentinel, filed its Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania against Timothy Holtzman at ">i~ , , ~",.".; ,[ - ~~, , . West Shore Sunset Distributors, Inc., d/b/a Eagle Oak Furniture, Inc. 27. In its Complaint, Plaintiff alleges that it published advertisements in its publication, presumably, for the benefit of Defendant West Short Sunset Distributors, Inc., d/b/a Eagle Oak Furniture, Inc. 28. Timothy Holtzman, individually, is not a party to any contract, agreement, understanding, or request to or with the Plaintiff which forms the basis ofthe Plaintiff's cause of action as set forth in its Complaint. 29. The Complaint filed by Plaintiff does not allege that Timothy Holtzman, individually, is party to any contract, agreement, understanding, or request in connection with Plaintiff s publication of advertisements for the benefit of Defendant West Shore Sunset Distributors, Inc., d/b/a Eagle Oak Furniture, Inc. 30. Plaintiff has failed to set forth, with sufficient specificity, any legal grounds giving rise to a cause of action against Timothy Holtzman, individually. 31. This Court does not have jurisdiction over Timothy Holtzman individually in this matter, in light of the fact that Timothy Holtzman is not a party to any contractual agreement, request, or understanding which allegedly forms the basis of Plaintiffs Complaint against West ''-~I~" - 'n '" ,','Ii', ", 1~ , ,r.~d-- Shore Sunset Distributors, Inc., d/b/a Eagle Oak Furniture, Inc. WHEREFORE, Defendant Timothy Holtzman, respectfully requests that this Honorable Court dismiss the Plaintiffs Complaint as it pertains to Defendant Timothy Holtzman, individually, with prejudice and further award Defendant Timothy Holtzman all such other relief as is proper and just. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. By: Date: J- \,)..,--01 Henry W. an Eck, Esquire l.D. #830 2320 North Second Street P.O. Box 60457 Harrisburg, P A 171 06-0457 (717) 238-6570 '{J ","C:-__ " ,.'" . --, " .' CUMBERLAND PUBLISHERS, INC. d/b/a THE SENTINEL, Plaintiff v. TIMOTHY HOLTZMAN and WEST SHORE SUNSET DISTRIBUTORS, INC., d/b/a EAGLE OAK FURNITURE, INC., Defendants , . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-3426 CIVIL TERM JURY TRIAL DEMANDED VERIFICATION COMMONWEALTH OF PENNSYL VANIA COUNTY OF DAUPHIN ss: I, Henry W. Van Eck, Esquire, being duly sworn according to law, deposes and says that he is the attorney for Defendants, in the within action; that the Defendants cannot make verification to the Preliminary Objections to Plaintiff's Complaint because Defendants cannot timely come to Harrisburg to sign this Verification; that the Defendants cannot travel to Harrisburg, Pennsylvania to execute this verification prior to the filing of the Preliminary Objections to Plaintiff's Complaint; that it would be inconvenient for Defendants to travel to Harrisburg, Pennsylvania to file the Preliminary Objections to Plaintiff's Complaint personally; and that the facts set forth in the foregoing Preliminary Objections to Plaintiff's Complaint are true and correct to the best of their knowledge, information and belief. SWORN and Subscribed to before me this l~fA day of Ju-/V ,2001. / Notarial Seal Unda B, Deaven, Notary Public Harrisburg, Dauphin County My Commission E)Cpires Feb. 25, 2002 Member, Pennsylvania Association of Notaries '~llj_le<~,~"" . <" ," ,. "" W"Uc.u an Eck, Esquire " " , " . . CERTIFICATE OF SERVICE I, Henry W. Van Eck, Esquire, do hereby certify that a true and correct copy of the Preliminary Objections was placed in the United States Mail, First Class delivery, postage prepaid on this date, on the following: Roger M. Morgenthal, Esquire Fisherman & Morgenthal 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: ;-IJ--e>l ,{U By: Henry W an Eck, Esqnire l.D. #830 2320 North Second Street P.O. Box 60457 Harrisburg, P A 171 06-0457 (717) 238-6570 ~ . ~, _c' ~~ ," " --, --, -." .,~<>IfW>"""", , ..~ ". IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND PUBLISHERS, INC., .. .. D/b/a THE SENTINEL, .. .. Plaintiff .. .. vs. .. CIVIL ACTION - LAW .. .. .. TIM HOLTZMAN and WEST SHORE .. No. 01-3426 CIVIL TERM .. SUNSET DISTRIBUTORS, INC., d/b/a .. .. EAGLE OAK FURNITURE, INC. .. JURY TRIAL DEMANDED .. PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please mark the above action "Settled and Discontinued" as to Defendant Tim Holtzman only. The status of the action against the other defendant is not to be affected by this Praecipe. ~~~SqUire ID #17143 FISHMAN & MORGENTHAL 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 (717) 249-6333 Attorneys for Plaintiff ~ T . . , " < . ' c's (6 E:" " F I_,,,../Y'l[ "~~W~"=~"=' " ~"-,~ " ,~ .... ,~' ,..~ "~""-~) - ,~~~~ 0 '..,~j C' C 'T; ? -OeD ::0'10 IT1rri ;~::;;; Z::c} zS- ~.;; cr, r::f j :< ,,- "T' P 70 - ;pCI C Z :;:- )-"":; --' -< OJ :J:J ,< ~'"= e__, '"...." ~ '.... _~" "^~,~~' ,~~~!W~~~am;"~~~~T!TRJ'!lJi .-' r,,~,".'~~ '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND PUBLISHERS, INC., .. .. D/b/a THE SENTINEL, .. .. Plaintiff .. .. vs. .. CIVIL ACTION - LAW .. .. .. TIM HOLTZMAN and WEST SHORE .. No. 01-3426 CIVIL TERM .. SUNSET DISTRIBUTORS, INC., d/b/a .. .. EAGLE OAK FURNITURE, INC. .. JURY TRIAL DEMANDED .. PRAECIPE FORDEFAULT JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: ., Please enter judgment in the above captioned matter against West Shore Sunset Distributors, Inc., d/b/a Eagle Oak Furniture, Inc., and assess damages in the amount of $2,600.06, together with interest from the date hereof and costs of suit. Note that the action against the other defendant, Tim Holtzman, was previously marked as "settled and discontinued;" and judgment is not to be entered against him. The defendant and its attorney, Henry W. Van Eck, Esquire, were given the ten- day notice of intention to take default judgment pursuant to Pa. R.C.P. 237.1 on August 15, 2001. A copy of said notice is attached hereto. Date: October 4. 2001 12!!1!!!:t:;:- ID #17143 SALZMANN, DePAULIS, FISHMAN & MORGENTHAL, P,C, 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 (717) 249.6333 Attorney for Plaintiff 'H ," ", . " " ~~ , .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND PUBLISHERS, INC., .. .. D/b/a THE SENTINEL, .. .. Plaintiff .. .. vs. .. CIVIL ACTION - LAW .. .. .. TIM HOLTZMAN and WEST SHORE .. No. 01-3426 CIVIL TERM .. SUNSET DISTRIBUTORS, INC., d/b/a .. .. EAGLE OAK FURNITURE, INC. .. JURY TRIAL DEMANDED .. To: West Shore Sunset Distributors, Inc., d/b/a Eagle Oak Furniture, Inc. And its attorney Henry W. Van Eck, Esquire: Date of Notice: August 15,2001 IMPORTANT NOTICE YOU ARE IN DEF AUL T 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 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 LA WYER 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 BAR ASSOCIA1I'ION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3 I 66 ~/U~ Roger M. Morgenthal, Esquire ID #17143 FISHMAN & MORGENTHAL 95 Alexander Spring Road, Suite 3 Carlisle, PAl 70 13 (717) 249-6333 Attorney for Plaintiff ,:"", ,," '-o'",^ ",1,'., '" 1'<, >.. . . ',' ." IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND PUBLISHERS, INC., .. .. D/b/a THE SENTINEL, .. .. Plaintiff .. .. vs. .. CIVIL ACTION - LAW .. .. .. TIM HOLTZMAN and WEST SHORE .. No. 01-3426 CIVIL TERM .. SUNSET DISTRIBUTORS, INC., d/b/a .. .. EAGLE OAK FURNITURE, INC. .. JURY TRIAL DEMANDED .. CERTIFICATE OF SERVICE I, Roger M. Morgenthal, Esquire, hereby certify that I have served a true and correct copy of the foregoing NOTICE upon the Defendants above named, by serving their Attorney, Henry W. Van Eck, Esquire, by United States Mail, First Class, Postage Prepaid, on August 15,2001, at the following address: Henry W. Van Eck, Esquire CUNNINGHAM & CHERNICOFF, P.C. P.O. Box 60457 Harrisburg, PA 17106-0457 FISHMAN & MORGENTHAL ~)I}A~ Roger M. Morgenthal, Esquire ID#17143 95 Alexander Spring Road, Suite 3 Carlisle, P A 17013 (717) 249-6333 Attorney for Plaintiff ':;:, " , "", "~,, . . i'., ^ . - - ~". ,,,' ~". " '~,'~ '" .,~- ~r ~~ '.' "'-'''''N . ' "0, 0 0 0 S -{q. c ~ ;0- -n 'l.;~ & t ':-0 52~ 0 D -1 ::l-- 8 zr- I (0 )> ~ -<:--;" c--;. r;.-::( --::;; " f? -:;;,.,\, ' ~ - ~ ""=r-" -- ~.<:-~' .- ,~ -..I ,..) ., i -, ,"~J , ,,< :q i\:"- t..) "',.,J " Ii'" o~ ..,,() ~ , '.', "'. _.' ,', . 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