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HomeMy WebLinkAbout99-01910 '".'.,".'1',., ,. , .;.., <(.- :'~'fi; ""!. c ,_" ":'"/,.;., )~, :1t~~ r::;l;:' ,'., , 'j.. " c::.') "- ~ ~, C_IALT" or ,INNIYLYANIA COUI' or COMMON PLlAS NOTICE O' APPEAL fROM IUDICIAL DlITI'Ct DISTRICT JUSTICE JUDGMENT ,', COMMON PLIAI .... " ", NOTICE OF APPEAL Nolie. i. giwn that "" ~lant has filed in the above Ca...t of Convnon PIta. on _01 from the judgment r.ndered by the Di.trict .lvitie. on "" ~d\Jte en! in "" COlI _,Iia".d below. l,.)c,vD e ", forrr 1', , l::oubk.l) tOnY1S \,-1., f"\ \ ,':5'lY'C( - -' "'~) 1U::8'r<.. L,' .t.;vc nKd Mec.\rc,n,c .1)'.),-,2, ,0.. .... fPlaltlI'Y, 3-3, ,qg "lZ'rrdt:u~.\<<n ell - \ -G \ . (r ~~ A 11(;:;.>'> ..U(JV'u\~\~ ~o.\;~~i\ ~ -\)~I(\ (J Af'P ~ It N ....',., \ - (,r- CV 19. uCOOGil -q'l 1_ IT 19 _~--;,'~--~'".:c=c.c----- ::\X", I ~ \)I,J,,()9t( Thh black wiD be signed ONLY when this notaHon i. required under Po. RCPJP, No. If appellant was CLAIMANT (see Fa. R.c.P,J.P> o. 10088. This Notiee of Appeal, when Illceived by the Di.trict Ju.tice, will operate a. a 1001(6) inaction before District Justice, he MUST SUPERSEDEAS to "" judgment fa< po.....sion in this ca... FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary Of Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This seclion of foon to be used ONLY when appellant was DEFENDANT f see Pa, R,C.P.J.P, No. IF NOT USED, detach from copy 01 notice 01 appeal to be served upon appellee), PRAECIPE: To Prothonotary - ~.... '-) Enter rule upon re.r, I.i \? l:::uv.Je.-n \ Name 01 awcllcc(sJ ') (ConvnonPIeosNo. /~ ri. ,IIi III ('. ./ --T~ c"._, 1001(7) in action before District Justice, , appellee(.), to file a complaint in thi. appeal RULE: Ta~e('('1 \ T' (P.::owen Name 01 awe1lee(sJ ) within twenty (20)~' after,~Yice of rule"a< .uffer entry of judgment of non pros. __,__~~",,::,C:._\ .__u --____. __,r'--'-_~. .::> --~,oI ~lIaIIt Of Ills sttomey 01 agent U;;'j2-',\ L \(, \>~,.,n;i[' -J . appellee(.), (1) You alll notified that a rule is hereby entered upon you to file a complaint in this appeal will)in t~ty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail: " . . !',~" "~~l'~. (2) ~ you do not file 0 complaint within this time, a JUOGMENT OF NON PROS fill BE ENTERED AGAINST Y\" 13) The date of service of this rule if service was by mail is the date of mailing. f '-, Dote: GJJ--(I~ / ~ < "'\ l_./;I',''''. , ' {" ~)-;,',: i: (;~" '--(~.Il--: SIgIat<n 01 f'rotilon&ry Of -'Y / ,19 1/'7, " " """'1- ",- ~'l--l-"I\-"\""-' 'It-, -c-'.. NJPC312-64 CO'iJll.f1'ILE (......ttaffWIAL'" OIP''''ITLVAHIA COUI' or COMMoN ~LlA' NOTICE OF APPEAL JUDICIAL DII'ltC' FROM DISTRICT JUSTICE JUDGMENT COMMON PUAI No. NOTICE OF APPEAL Notic. is giwn that !he appelIanl ha. filed in the above COtJO't of Common Plea. 00 _01 from the judgmenl rendored by the o;,'ricl Justic. on !he _- dote ood in !he c_ monlionod beb.. I )c.vb f "'j Fol"" -~ubk. i) \(VIn'_, \'.... M .'y'I(;I( 1W9r<., L,.J"", n \::"0 tv'Itcl--c,-"c ,1)u,E., , J 3-3, -<;'l1 17', rqrbJ'v'\(;, CVI9. CJ(;(.0C/-T-'1'i . i" -- ..- -- \ - -.~ . - ( lT 19 ,'-' ,-----'- ---:0 -- '. -'U""'ll ~ 1)l::'S'<I(:C This bIocI< wiD be tigned ONLY when lhi. notation i. required under Pa. R.cPJP, No. If appellant was CLAIMANT (see Pa, R,C.P.J,P, lolo. l00e8- This Notic. of Appeal. when rt<eiYOd by the o;,'rict JUSlke. will operate a. a 1001 (6) in action before District Justice, he MUST SUPERSEDEAS 10 lhe judgment fOt po....sion in this ca.e. FILE A COMPLAINT within twenty (20) days alter liIing his NOTICE of APPEAL J C/l- \ -C l ~'-)., \ IQC<C,'- A ".'\., - ",l)cvUt,\') l HAY Signature of Prothonotary or {)epuly (This section ollcxm to be used ONLY when appellant was DEFENDANT I see Pa. R.C,P.J.P. No, 100 1 (7) in action belore District Justice, IF NOT USED. detach Irom c~y 01 notice 01 appeal to be served upon appellee), PRAECIPEI Ta Prothonolory Enter rule upon leI, II ~ l3uv-)<:..r\ I. Nane 01 Bppellce(s) (Common Plea. No. ";" - ,'. I ,'j ," T" , ) within twenty (20) days afler service af rule, or suffer entry of judgment af noo pn:l' ( _ '_,~'.",=,c-_, ~':~:=~"'- RULEI Ta"Te('I''j IJ (P.::owe.n ,appellee(s). .'..58i~(L'\~....~~~;!,~t".hrs.trcmey".__ llama 01 _IaeIS! PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE . appellee(s), to file a complaint in this appea/ (1) You aAl notified that a rule is hereby entered upon you to file a complaint in this appeal wi~in ,t~ty (20) days after the dale af service of this rule upon you by personal service 01' by certified or registered mail . ....., , " .' 1 . . ~. ~ (2) If you da not file a complaint within this time. a JUDGMENT Of NON PROS \yIlt BE ENTERED AGAINST Y<;?U. (3) The date of service of this rule if service was by mail is ,he date of mailing. J .: '''\, , Date: QJ.J~ ,:p I , 19 '17, : l__...JI'", l./. , '" 'J" .~ " - ._- "':"~oI'~or~ ~~ AOPC 312.84 COUR,"FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (ThiS pflJOf of !iarVle(' MUSt HE FILED WI THIN TEN /10j VA YS Ai r[ 14 filing ttl{l not/cu of appool. Chock applicable bOJlos) COMMONWEALTH OF PENNSYLVANIA COUNTY of_CUmkdo..os\______ ; II AFFIDAVIT: I hereby 5weo, or affirm lM11 ""'ved ~ u r,opy 01 thl' Nollce of ApPofJl, Cornmon Plt-d':; N~) s..~.:__LC3.'Q___ upon tnI:' DIstrict Justice designated therein on (data 01 'O'VICO) *' 'e:r"~ , U bl p,O'''.nd! se~Vlce ~J by (ce,tilled) (Ieglsletedl mall, sender's receIpt attached herp.to. and UDon the appellt!c, (1li:lf7lv) or -\-~.!'~_~ ,on _~~~S'l.__ , 19_~i_~ 0 hy fl~r:lf)nill 51.rlli{.riltl by j.~rorliftpct) (rf'Ot5~ered) m;ul, sf"Jnder's rcc13lpl AttAChed hereto o and ftJrthcrthat I served tho Rule to Filod Complainl i1Ccornp,lny:nq the abovo Noticeo' Appeal upon lheappelleo(s) towhom tho RLlie was addrc:ssed on .___0_. , 19__.... [1 by personal SNvlce 0 by (certified) (registered) Innil. s('ndcr's rocciPl altilchcd hNt'tO SWORN (~~lED) AND S,UB;(~I~:..\l Bj;ORE ME THI<; DAYUF~, 19Cf-9, ~- O/frc.JI tW"'m wflOn, M"d,u.' witS rn, II) ~ J-;- ~Ie-? ],gnawro of affiant NOT ritlu of (1Ida: SONMA T. NEFF, NOTARY PUBLIC CARLISLE eCRO, CUMBERlANO COUNTY My <om ,MVcOOIIIMISSION iXl'!AES NQVEI!BEIl-I&.-IGll8, ~~-, .~..,s:~i.':'~~-------"'--"-_.'-- Z 295 499 591 us Posl.I so:,!. Receipt f~ Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Senllo 61(.. l.-.I''':'''''/ Slreel&Nu r S- - or? I~, /I lei Posl OllICf!, Slale, & zlP80de . '-- 7:,.$ ,I ~ /) ) ~ ~ "" u,!~ 95 \t::c ~~ U-!O- ::.!u,! t:C;:: ~ Q .:s & ~ ?...;. 0- Q~ ~ 07.3 ':"{.?i) a;' ~~~ ~ fu~ p.. ~ ""~. 0" Q 0" Postage s , g3 ),'-1,-, COr1lfiedFee Special Delivery Fee Rcslnclcd Dehvery Fee '" ~ Aelum RecCtpt Showing to lNhom&DaleDelivmed .CiAelurnAece'plSho.... . <t Date,~Mdresse<J' ~O g TOTAL Po ~. Fees <Xl CO') Postmark E o u. U) <l. Izr ,C;rlJ Ie f C:;r.l cr: ~CPA-',/' :J:":::::' . '<:'.' , '-' ", ,.".,,~,., ~..?/..'.I'r.tl')~' / --~--------------- ~" .. '- COMMONWIALTH 0' 'INNIYLYANIA COUIf Of COMMON PLlAI NOTlCI O' APPIAL '!!OM IUDICIAL DIIl.ICT DISTRICT JUSTICI JUDGMENT 'f - 0 I- Q'1 COM_N 'LIAS 1M. q C; - I q J 0 e.t.V,:,f .r.Lu- NOTICE OF APPEAL Notic. ~ giwn that tho --"""I hell filed in tho obove C"",I of CotM>On PIoa. on -'" from tho iudvn-t rondotod by tho Dill,ict Justic. on tho den and In tho coso n....lio.ood below ~F:~:~ Klt-'\ \)\~'()efr J R Ll<::'6.,,. n"'Kd ~ed-''O.n t U I I 3-3' \err ~\?;oWl!f'\ CJC'\ 00 Oil - q q a' (.cot CV 19. LT 19 This block wiD be signed ONLY when this nolotion i. toquitod under Pel R'cPJP. No. 10088. This Notice 01 Appeal, whon rocoiwd by tho Di.t,ict Ju.tice. will opotate o. 0 SUPERSEDEAS 10 tho judgment lor po....sion in this co... Signature 01 Prolhonotaty 01 Depu'y I I /I appellant was CLAIMANT (see Pa. R.G.P.J. . 1001 (6 ) In action belore District Justice, he MUST FILE A COMPLAINT within twenty (20 ) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section 01 form to be used ONLY when appellant was DEFENDANT Isee Pa, R,C,P.J.P, No, 1001/7) in action bel0/8 District Justice, IF NOT USED, detach Irom copy 01 notice 01 appeal to be served upon appellee}, PRAECIPE. To Prothonotory Enter rule upoo \err Ll "? \?-r)v.)ell , oppo/Ioo(.), 10 file 0 complolnt in this oppooI "\ fomIe 01 awe/Jee(sJ (Common Plea. No. q 9 - J q 10 ~-"':P 0___ ) within twenty (20) day. of101 _.!" '" .ullot enlry of judgment 01 noo pros. RULE. TO\e.-('("''1 '"? P.:owe.n Nwne 01 8W6Ilee(s) . oppolloo{.), Of his attcmey Of agent (1) You ore notified thot 0 rule i. hereby entered upon you 10 file 0 comploint in this oppeol within twenty (20) day. olto< tho dolo 01 service of this rule upon you by personal service or by certified or registered mail (2) If you do not file 0 complaint within this time. 0 JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU, (3) Tho dote 01 ..rviee 01 this rule if ,...vice wa. by moil i, tho dole 01 moiling. Dote: () lJ,;J! J , ,19-22. 0..u,t2~ ~ I Sig1atue Of or 0tItI1cAY AOPC 312.84 COURT FILE TO BE FILED WITH PROTHONOTARY C.oMM.oNWEALTH .oF PENNSYLVANI.,\ C.oUNTY OF: ~BRLAND l.f5.~ NOTICE OF JUDGMENTrrRANSCRIPT CIVIL CASE PLAINTIFF: NoWe IndAOORISS !iwWBN, TERRY P., BT AL. ., 85 YORK HILL ROAD BTTBR8, PA 17319 L ueo o.u No 09-1-01 "'.....- CHARLB8 A. CLBMBNT, JR. -..., 1106 CARLISLB ROAD CAMP HILL, PA T._(717) 761-4940 17011 VS, NAAlE and ADDRESS IDoUBLB D FARHS - M/M DISSINGBR 1022-R LISBORN ROAD 'MBCHANICSBURG, PA 17055 L DEFENDANT: DOUBLE D FARHS - M/M DISSINGBR 1022-R LISBORN ROAD MBCHANICSBURG, PA 17055 Docket No,: CV- 0000017 -99 Date Filed: 1/12/99 ..J 1& ~ " THIS IS TO NOTIFY YOU THAT: Judgment: fl Ii] Judgment was entered for: (Name) Ii] Judgment was entered against: (Name) DRFAITli'T onmGMv.N'I" PT.TF RnWRl.J IJ'R1)l)V 'D R'JI aT. Tll'lImT,Jll n "'ARMR - M 1M nTRRTNGRR in the amount of $ (Date of Judgment) "I 1q7 nn on: "I In"lIqq o Defendants are jointly and severally liable. o Damages will be assessed on: (Date & Time) Amount of Judgment $ 3.112.00 Judgment Costs $ 85.00 Interest on Judgment $ .00 Attorney Fees $ .00 Tolal $ 3.197.00 Post Judgment Credits $ Post Judgment Costs $ o This case dismissed without prejudice, O Amount of Judgment Subject to AttachmenVAct5 of 1996 $ o Levy is stayed for _ days or D generally stayed, ! ------------ ------------ " , o .objection to levy has been filed and hearing will be held: Date:, :\,,<1 Place: " Certified Judgment Total $ , . ,I. . '" 'f Time: ~ 'It .. ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOnCE OF APPEAL WITH THE PROTHONOTARY/ClERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, YOU . ,M~~T, ItiC, 'L~DE~ qoPY OfTH S, NOTICE OF,~UDG ! rt}!CRIPT, "W:~H YO.~,~,~~,1!f.~,~F APPEAL. 3/)199 Date '- \:3.Q" ~ ". '\\~~!:J~&~~Jice I Ce~ifY th~tth;S'~S a true and ~or;~'~t'~Opy of the rec~;d ~t1he proceeding } nlal"i~; ;4.j~-W'!t.}, t '. \ . .~;..~,:", \. ,,~, Date: ", ~ ..~ri~ -1Us~1!e ". ~ .,..... .,' .~ .,..': , ,.' . '",." .... My commission expires first Monday of January, Aope 315'96 2002 SEAL { r', " .,' .. .0\ ..J ., " ' TERRY P. BOWEN and ANGELA R. STRAWSER, Plaintiffll IN TilE COUnT or COMMON PLEAS OF CUMUHnLANI) COUNTY, PENNSYLVANIA NO, 99-1910 CIVIL 1999 v. CHARLES DICKEY, DARYL and MELISSA DISSINGER FARMS, DISSINGER d/b/a DOUBLE D Dofendants PETITION FOIl AI'I'OINTMENT 01<' AIlDIl'RATOIlS TO TIlE HONORABLE. TlIB JUOOES OF SAID COURT: R, Mark Thnm" s ,counsel for the plaintiff/defcarbntin the above action (or actions). respectfully represents thai: I. Tile above-captioned aclion (or actions) is (are) al issue. 2. 1be claim of the plaintiff in the aclion is $ 3, 11 2 . 00 The counterclaim of the defendant in the action is $1 . 670 . 00 TIle following allorneys are interest,ed in the case(s) as counselor are otherwise disqualified to sit as arbilralors: R. Mark Thomas_ Esa. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submilled, Date: Respectfully s::.nille~ K4~/~ ORDER OF COURT AND NOW, );.~/}J/_IJlJ1. S foregoingpetilion, (?-~~7 ~,,&;.I"/ Esq" and " ~Y1f oJ.dJ wi d~ /I:: actions) as prayed for, , 19 99 ,in consideration of the Esq.,1?../~.if /!PtfJd , Esq., are appointed arbitrators in the above captioned action (or I i PJ, )- 0.... J .,,) ~ Cl S: .. 1 ~ ~ ~ ~ .. ~ , >- n; ;:!: LUQ c.)-.,-:: ~~1:..-; i'c-. ae lij I"' -'. O:i{: IJ, o ", '" s "- s: ;j;~ '.' .~ ..~ .,-'. :'J~.;} j'!:~ ~:]{E "3 (,) ..:!' ::..~ co: ;;e 0) cr, /\1.:\"-'," ''"i:;-' . J . 'i.....'.-',.J i / ." ".1 ' 'r" '" U/ /';''''6 ......a u' ),!N10,',(), ' j'J/:1~c;:.6}li;' i.~ dO ,. "i".",.., I i.j f DATI RECEMlD , DATE PROCESSED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 SUERIFF SERVICE ------- !-';'~TR~CTlOH': s.. "'NSTRUCTIONS FOR SERVICE OF PROCESS ay ., THE SHERIF'" on ,,,.. levttt'H of tM lal (No ~) CoOp)' of ItNI fOfm PINH PROCESS RECEIPT, and AFFIDAVIT OF RETURN typo '" ...., _, '.""no .......... 01 II _ 00 no! detach any copttl ACli) !Ny,I _____ u u__ ___ " PLAIHTIFFISI 2. COURT NUMI:J[R '1~IlY 1'. lJOWEN aOO ANGElA R. STRAWSl']l 99-1910 Civil Term ~s DE'ENOANTI8I QIARLES 0ICKJ,,1', DARYL DISSINGER anclMf:lJSSh------ . TYPE OF WRIT on COMPLA'NT DISSINGER d/b/a roUBLE D FIIRMS Com laint in Civil Action & NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC, TO SERVICE on DESCRIPTION OF PROPERTY TO BE LEVIED, AnACHEO OR SOLD. IIRVI .. AT O1arles Dickey e ADORESS (SIr... 01 RFO. A~rtm.nl No. City, Bora. Twp . 5111e and liP CODE) 514 IJoviIle-Yod-. Spdngs Rd., GOl'd'"2I's, Ph 7. IHDCATE UNUSUAL SERVICE: r"] PERSONAL :~ PERSON IN CHARGE ~ .! DEPUTIZE I ) CEAT MAIL 1-) REGISTERED UAIL II POSTED n OTHER Now, 19 , I, SHERIFF OF ADAMS COUNTY, PA" do hareby deputize the Sheriff of County to exacute this Writ and maka return therof according to law, This daputation being made attha rlY.lueal and risk of the plaintiff. e, SPECIAL INSTRUCnoNS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. SHERIFF OF ADAMS COUNTY NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N,B. WAIVER OF WATCHMAN-Any depuly sherI" levying upon or al1achlng any property under wilhin writ may leave ..me wilhOol a walchmen, In cuSlody of whomever Is found in possession, alter nolilying polson 01 levy 01 attachmenl, wilhout liability on Ihe part 01 such deputy or Ihe ,heriff 10 any pI.lnliff herein for any lOll. deSlruclion 01 removal 01 any such property belore shenll'ssale Ihereol. 8. SIONATURE 01 ATTORNEY or olher ORIGINATOR requeshng service on behall 01: to, TELEPHONE NUMBER rXPLAINTIFF R, Mark Thomas, Esq. n DEFENDANT P E BEL W FOR USE OF SHERIFF ONLY 0 W 12. I .cknowledge recelpl or Ihe wril SIGNATURE 01 Authorized ACSD Depuly or Clelk and Tille 13. Dale Received 01 complaint as Indicated above. 11. DATE LINE 14. Expiration I Hearing dale 15. I hereby CERTIFY and RETURN Ihat I tXhave personalty served, n have served person in charge, :-) have legal evidence 01 service as shown in "Remarks" (on reverse) o have peated Ihe above described property wilh the writ or complaint described on Ihe IndIvidual, company, corporation, elc., at the address shown above or on the individual, company. corparallon, elc., atlhe address Inserted below by handing/or Posling a TRUE .nd AnESTED COPY therof. HI. 0 I hereby certify and relum a NOT FOUND because I am unable to locale Ihe individual, company, corporalion, etc., named above. (See remarks below) 17. Name and tille olindivldualaerved 18. A peraon olsuilable age a~ dlltcrellOn Read Order rL 1 D' k then ralldlng In tne dafendant . ueual 0 \.oUar es lC e place or abode. 0 19. Addre.. or where served (complete only it dillerenl than shown above) (Streel or RFD, Apartment No.. Cily, Boro, Twp., 20. Dale 01 Sorvlce 21. Time SI.le and liP CODE) 5/3/99 9:05PM 22, ATTEMPTS Dop.lnt, Dale Mlle. Dop.!nt. Dep,lnt. 25, $25.00 Pd, 5/4/99 AFFIRMED and subscribed 10 before me this N A day or 19 Signature of Sherill RAYMOND W. NElolMAN Date Proll'lonOlary1OeputyfNolary PUbliC SHERIFF OF ADAMS COUNTY MY COMMISSION EXPIRES I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE. J 39, Oa" Race',e<J SUElllfl"S Hl T1JRN OF SERVICE (1) rh~ wIthin up{m (h~I,.r:rf;lrlt hy !')1;lI'IIVI"l tlV f)1f'P:lid, ['.1!: :'.1:, p". ,J true ~c~! ;l::I.;:~!C.~ ...:.j,. 0"" lilt., rctulli 11:\.L:~)i ",.ll, df'l('wl;l;"l ,111 n,,_ '~)a(!p :1 ~:':'! ~ 't. ';", (~~, Uul~lllL' Pl',: ~,,--rl ',ur", ':H1(/ atteq~t! ccoy ihnrl'" . ;.(;1 " In thf~ tnH,,\',:n~: rn:1I'tl!;' lal rt, n',' . ( )l, .; ! : " ~ f" " " ,,11' " ," " d': : ,', " "d: , ), , dJltj tJ),tl:'. : ' ~ I I\nd lhlm alll'r f! ~ :~ T') :.,. .' I ;\ ~ , '.. d.;(jl,) " , " .. i '::f" ", "a,d ~'I. "'I" proof ,jf IP;1'/;,1, '-'I -', Dc :lit' (;,. ",:'......; C:tcuJ;.:t,(;;, -'." iJU. :;',;(V1' ~'...:,,:\,'; :;! ~rorn :,;;H--; ,\,~~.:;. Dart (":If \hi~~ ..~;,! (,1, By mtli:ii:;J U~ h:; .,.' ,) InF';"1 ,., <: " :" The Autllorlilll:; ;1)";,,,>; is hereto ,Jt:al.rl,:~d (5) Othor th: ,.::r..r. n;tfllod 'j'," j.t /, 'l:;rI,;I.td PO::tdqO , ., ~ I < .;... (: :p){~ ..; .. Ul...; ".. '<I,t" :.' if!',':, II: ,~.. ~I.' '~'.I :'~. - ..:: ;"';l.ll,,;[iU:,. ..,. "-l'P! '......1 .~:d.: ..~ ';ikT-h'.h <~ . ' , . , ~,;..,; nlh! l1"lild-::> <;-'J,Hid '-'I~~"" ~., ~;T I~'(, O,;st:--d I " ~ '.; ..~ DATE RECE!'QfO - . .. ~ -.- .. ...... SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 SHERIFF SERVlCE PROCESS RECEIPT, and AFFIDAVIT OF RETURN INSTRUCTIONS: Goo "INSTRUCTIONS FOR SERVICE OF PROCUS ev THE SHERifF" on Ihe f"'.,.. or ItlIIut (No SI copy 011" Iotm PSNM 1ype or ptlnlleg/bt)'. In.urll'lQ ,.~ or .. copin 00 not CIelaeh any c:opiH. ACID !HV.I 1. PL,AINTIFFISI 2. COURT NUMBER .il.,;~Y 1.1, ~"1~','.1. ;.. -I I J~'.l 1\.';\, 3.0EFENOANTISJ '-" ,:. ,I' I . !; I. ... TYPE OF WRIT OR COMPLAINT' L-i....../'.i;I" '/~I.:.~. ~.: .(, ".J.,I;;t 1., ,'Wij I '-CtlOll 5. NAME OF INDIVIDUAL. COMPANY, CORPORATION. Efe. TO SERVICE OR DESCRIPTION OF PROPERTY TO BE lEVIED. AnACHED OR SOlO SERVE . CJ,a-jp;; i;jc,'~ \" AT 6. ADDRESS (SltHt 01 RFD. Apar1ment No., City. Boro. Twp.. 5'1" and ZIP CODE) ~;UI :'1(1\.'11 J(._'~():.:. :..:.": 1:.... ., .;. : t~' " .,. INDICATE UNUSUAL SERVICE: n PERSONAL L; PERSON IN CHARGE :1 DEPUTIZE') CERT. MAIL n REGISTERED MAIL i I POSTED; ! OTHER Now, 19 , I, SHERIFF OF ADAMS COUNTY. PA" do hereby depulize the Sherllf 01 County to execute this Writ and make return thero' according to law. This deputalion being made at the request and risk Or the plaintiff. _____ 8. SPECIAL INSTRUCTIONS OR OTHIlA INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. lJlllI!nrr, Of' A!~~_~'" NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B..WAIVEA OF WATCHMAN-Any deputy sheriff levying upon' or allachrng any ploperly under wtlhrn Will may ,-,,,, same without 8 walchman, in CUSlody at whomever is round In possession, a!ler nolifying person of levy or allachmenl. without lIabillty on th. part Dr such deputy Of' Ih. ,h.II" 10 any plaintiff herein for any loss, destruction or removal 01 any such property belore sherm's sale thereol. 9. SIGNATURE 01 ATTORNEY or other ORIGINATOR requesting service on behalf 01: ~PLAINTIFF ~ DEFENDANT i:. ;;;n:;, 10. TELEPHONE NUMBER II, DATE Ihom.'J::;;, ;'':~''',,'. (Ill) i~F'-".:l. SPACE BELOW FOR USE OF SHERIFF ONLY 12. I acknowledge receipt of the writ SIGNATURE of Authorized ACSD Deputy or Clerk and Title or complalnl as Indicated above, LINE 14 E.plr"1on' H..,lng dll, 15. I hereby CERTIFY and RETURN Ihat I CR have personally served, [J have served person in charge, n have legal evidence 01 service as shown In "Aemark." (on reve"e) o have posted the above described property with the writ or complaint described on the individual. company, corporalion, etc.. al the address shown above alan lhe Individual, company, corporallon, etc., at the address inserted below by handing/or Posting a TRUE and ATTESTED COPY Iherol. 16. 0 I hereby certify and relurn a NOT FOUND because I am unable to locate the individual, company, corporation. etc., named above. (See remarka below) 17. Name and lilIe 01 IndivIdual served 18. A pclllCln OIIl/IIabre.o- 1M d'IC"t1on thin reSIding In tile dellndant'1 ulull ':::L;J!t.-~~ : (~;'.'.'V pleceolabod,u 19. Address 01 where served (complete only if differentlhan shown above) (Street or RFD, Apartmenl No., Clly, Bora. Twp,. State and ZIP CODE) ! ) 20. Dale of Servlco 2'. Tlma i/ ~i. , , .,i,HI, 22, ATTEMPTS Dap.lnt. Date Miles Dep.lnt. Dep.lnl. 23, Advance Costs 24. ~75.00 Fm, &her ff t24518 25, AFFIRMED and subscribed to before rpe this SO ANSWER, ./ " BV 1Sl*1II'~;,$..,1tfJ l~Pfl~t 01 TWIleJ -,', "., .\. .....,.! .., Slgn~ri of Sheriff : Dale day of 19 Oal. Proll1onolarylOepulylNotary PubUc ,'....: MY COMMISSION EXPIRES I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE. 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TERRY I' BOWE:-I ;Ind ANGELA R, STRAWSER. 1'1.linllll" 11\ TilE COURT OF COMMON PLEAS OF Cl:1\IIlERI,ANI1 COUNTY, PENNSYLVANIA v, 99-1910 CIVIL TERM CHARLES DICKEY, DARYL DISSINGER and MELISSA DISSINGER d/b/a DOUBLE D FARMS. Defendants ORDER AND NOW, this ~I z.s day of . 2000. upon consideration of 1a....( counsel's Petition To Withdraw As Counsel For Defendants Daryl Dissinger and Melissa Dissinger, d/b/a Double D Farms, and upon consideration of the Response To The Rule To Show Cause issued to the plaintiffs, it is hereby ordered that petitioner's Petition To Withdraw As Counsel is granted, however, the arbitration hearing scheduled for February 9, 2000 is to continue as scheduled regardless of whether defendants Daryl Dissinger and Melissa Dissinger, d/b/a Double D Farms obtain new counsel. By the Court, ;J CopiwJ~ J- :n-oo Rli5 J. J 2. Denied, After reasonable investigation, I'etitioner is without infonnation or knowlcdge sufficicnt to lonn a belief as to the tnilh of the avcnnellls of Paragraph 12 of Respondents' New Malter, and same are thus denied, fly way of further answer, Petitioner was advised by counsel for Respondents that Daryl Dissinger is represented by the Curnberland County Public Defender in an allegcd forgery case; howevcr, Petitioner has becn unsuccessful in making contact with Altorney Waller to confirnlthe allegations or the status of the criminal case. 13. Dcnied. After reasonable investigation, Pctitioner is without information or knowledge sufficient to foml a bclief as to the truth of the avermcnts of Paragraph 13 of Respondents' New Malter, and same are thus denied. By way of further answer, evcn if Daryl Dissinger were tried, convicted and incarcerated in the alleged pending forgery case, he may still appear as a Defendant at the trial of the within civil action while incarcerated. Thus, Plaintiffs will suffer no prejudice, even with a slight postponement of the civil arbitration hearing, in that Plaintiffs do not have to wait until the disposition of the alleged criminal charges against Dcfendant before rescheduling the hearing date. 14, Denied as stated, It is denied that Plaintiffs paid Defendant Dissinger $3,500 for the purchase ofClurrific Man, as Plaintiffs suggest in Paragraph 14 of their New MaUer, and that maUer is at issue in the civil action. It is further denied that the arbitration hearing is the "only chance of recovering" the sums allegedly owing to Plaintiffs; on the contrary, both parties have the right to appeal following the arbitration hearing and will thus be afforded another opportunity to oblain the relief requested. 15. Denied. After reasonable investigation, Petitioner is without information or knowledge sufficient to form a belief as to the truth of the averments of Paragraph 15 of Rcspondents' New Malter, and same are thus denied, By way of further answer, there is no n:n.TIFICATE OF SERVICE CHERYL J. ALLERTON, ESQ, verifies that a true und correct copy of the Reply to New Matter has been mailed to the following counsel and parties ol'record: R. Mark Thomas, Esq. 10 1 South Market Street Mcchanicsburg,PA 17055 Ralph Oyler, Esq. 31 S. Washington Street Gettysburg, I' A 17325 I Daryl and Melissa Dissinger Double D Farms 1022 R. Lisburn Road Mechanicsburg, I' A 17055 viu first c1uss mail, postage prepaid on this 26th day of January, 2000. She understands that false statements herein are made subject to the penalties of 18 Pa. C.S, Section 4904 relating to unsworn falsification to authorities. HARTMAN, HARTMAN, HOWE & ALLERTON ,~ if I \ By \~Au<: / \ Chery J Aller.!9nj Pa. J.D. #72741 2901 St. Lawrence Avenue, Reading, I' A 19606 " .:; . ,# , (tC'{d;{(;~ 1'.0, Box 4429 8. Dcnied, To the extent that this ,I\'erment is nol a conclusion of law plaintiffs are without sufficient information to either i1llirrn or deny this allegation and therefore same is denied and strict proof thereof is demilnded ,\I time of he,ning, To the extent that this averment is a conclusion of law no response is required and therefore silme is denied, WHEREFORE, plaintiffs/respondents request that this Court not grant petitioner leave to withdraw her i1ppearance for the defendants in this i1ction. NEW MATTER 9, The responses to paragraphs I through 8 are incorporated herein as if set forth at length. 10, Petitioner represents defendants Daryl Dissinger and Melissa Dissinger, d/b/a Double D Farms, 11, The Complaint alleges that petitioner's clients were at all relevant times acting as the agent for defendant Charles Dickey, 12, Since the Iiling of the Complaint defendant Daryl Dissinger has been arrested in Cumberland County and charged with two (2) counts of forgery concerning the transfer of ownership of another horse without the knowledge or consent of the horse's owner, Defendant Daryl Dissinger is currently scheduled for a pre-trial conference in Cumberland County on February 22, 2000, 13. Plaintiffs are not aware of what the outcome of the pending criminal charges will be against defendant Daryl Dissinger, but if he is incarcerated that will result in the further delay of a hearing in this action, " , IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA TERRY P. BOWEN ANI> ANGELA R. STRAWSER, CIVIL ACTION Plainti ffs, No, 99-1910 vs. CHARLES DICKEY, DARYL DISSINGER and MELISSA DISSINGER, d/b/a DOUBLE D FARMS Defendants. PRAECIPE TO SUBSTITUTE VERIFICATION TO ANSWER. NEW MATIER. NEW MATTER PURSUANT TO RULE 2252(D) AND COUNTERCLAIM TO: Prothonotary, Cumberland County Kindly substitute tbe fax Verifications of Defendants to the Answer, New Matter, New Matter Pursuant to Rule 2252(d) and Counterclaim on bebalf of Daryl Dissinger and Melissa Dissinger and Double D Farms, witb the attacbed original Verifications of the Defendants, HARTMAN, HARTMAN, HOWE & ALLERTON DATED: June 9, 1999 ~ .... ..... ""' E:; ,., "';, ,- UJ!7 C"" (~: &V ~-) ; ~u 1.-, fl. ~ ~e: , . ~. c' .,.... ,J;> U.J'~. f" --/ a:q: -.. ito ,i. ::.~ ,iICL .' -, -:~i u, m U 0 en , Dissingcr d/b/a Double D Fanns for a purchasc pricc of $3,50(). By way of furthcr answer, Plaintiffs also agreed to purchase the paint filly, Jewel, for $500 on November 27, 1998. It is admittcd that Plaintiffs also discussed purchasing a young pnint filly Ilnlllcd "Jewel" for a price of$500 from Defendant Daryl Dissinger d/b/a Double D Farms. It is denied that no agreement was reached with respect to the purchase of the paint filly, Jewel, at that time. 13. Denied as stated. At all times relevant hcreto, PJainliffs were jnfonned and knew that the quarter horse, C1uriffic Man, was not the property of Double D Fanns and/or Daryl Dissinger. Neither Daryl Dissinger nor Melissa Dissinger nor Double D Farms led Plaintiffs to believe that they were the owners of the subject quarter horse, Clurrific Man, or thc paint filly, Jewel. It is adrnitted that Daryl Dissinger advised Plaintiffs that he had the authority to sell the subject quarter horse, as Daryl Dissinger did in fact have the authority from Charles Dickey to sell said horse. 14. Denied as stated, It is denied that Plaintiff Angela Strawser tendered perfonnanee of the alleged agreement reached on November 27, 1998 by making delivery of$3,500 to the Defendants. On the contrary, Plaintiff and Defendants arrived at an agreement for the purchase of both Clurrific Man and Jewel for a total purchase price of$4,OOO, Plaintiff agreed to pay $500 for Jewel and $3,500 for Clurrific Man. Plaintiff tendered only a partial performance of the subject agreement by making delivery of$3,500 to Daryl Dissinger. 15. Denied as stated. It is specifically denied that Defendants were expected to transfer registration papers transferring title to the registered quarter horse Clurrific Man to Plaintiff Angela Strawser on Novcmber 28, 1998, On Ihe contrary, the said registration papers on Clurrific Man were only to be transferred from Charles Dickey to Plaintiff Strawser at such time as the final installment payment of$500 was tendered to Daryl Dissinger. By way of further answer, PlaintifTs received the registration papers on Jewel on Decembcr 10,1998 because the parties specifically agreed that the purchase price ofS500 on Jewcl had been paid in full on November 28. 1998. As of Novernber 28, 1998, Ihere remained a balance due on the purchase pricc ofClurrific Man in the amount ofS500, and Plainliffs knew and understood that they would not reccivc the registration papers for Clurrific Man until they paid Ihe full amount of the purchase price. 16. Denied as stated. II is specifically denied that Defendanls assurcd Angela Strawser that the registration papers on C1urrific Man would be delivered to hcron the following business day. On the contrary, Defendants advised Angela Strawser that the rcgistration papers would not be delivered to her until such time as the S500 balance due was paid. 17, Denied as stated. II is denied that Daryl Dissinger did not reveal to Plaintiffs until December 1 that he was not in possession of the regislration papers for Clurrific Man but that the owner ofthe subject horse was in possession of the registration papers. By way of further answer, Defendants incorporate the averments contained in Paragraph 13 abovc, As to the remaining averment that Defendant Daryl Dissinger did not reveal the name ofthe owner on December 1,1998, after reasonable investigation, these Defendants are without knowledge or information sufficient to form a belief as to the truth of the averment, and same is thus denied. 18. Denied, It is specifically denied that on December 10, 1998, Plaintiffs agreed to purchase the paint filly, Jewel, for $500. On the contrary, Plaintiffs agreed to purchase said filly on November 28,1998 and paid the entire purchase price in the amount of$500, 19. Denied as stated, Defendant Daryl Dissinger provided Plaintiffs with the registration papers for Jewel on December 10, 1998. Plaintiffs and Defendants agreed that $500 of the $3,500 check tendered on November 28,1998, would be applied to the purchase price for Jewel and the registralion papers for Jewel would be tendered 10 Plainliffs so that they eould effectuate the transfer of ownership wilh the appropriate breed regislry. By way of further answer, Plaintiffs and Defendanl Daryl Dissinger agrccd Ihatlhe regislration papers for Clurrific Man would remain in the possession of the owner, Charles Dickey, until payment in full was made to Double D Farms. Once the remaining balance ofS500 on C1urrific Man was paid, the entire purchase price would be tendered 10 Charles Dickey in exchange for Ihe registration papers. 20. Denied as stated. Plaintiffs agreed that they would pay the balance due of S500 for Clurrific Man on or before February I, 1999; or, in the alternative, in the event Angela Strawser terminated her employment with Double D Farms, payment of the S500 balance would be due and payable immediately, It is specifically denied that Defendants agreed to transfer the registration papers prior to receiving the entire $500 balance due. By way of further answer, Plaintiffs have never paid the $500 balance due. 21, Admitted. By way of further answer, Plaintiffs are not entitled to receive the registration papers on Clurrific Man until such time as they pay the $500 balance due on said horse's purchase price, 22. Denied as stated. It is admitted that Plaintiffs have taken possession of the paint filly, Jewel. It is specifically denied that Plaintiffs are entitled to exclusive ownership and possession ofClurrific Man as Plaintiffs have not paid the entire purchase price on said horse, and Plainitffs agreed and understood at the time of purchase that Clurrific Man could not be removed from the premises of Double D Farms, nor would the registration papers be transferred to Plaintiffs, until the purchase price of Clurrific Man was paid in full. 23. Denied, Plaintiff Angcla Strawscr tcnllinat~'tJ her employment with Double D Farms on Deccmber 3 I, I l)l)8 withont prior notice by leaving a message on Defendants' answcring machine. By way of lilnhcr unswcr, I'lainliff also removed thc paint filly, Jewel from the premiscs of Double D Farnls on Deccmbcr 3 I, 1998. 24. Aner reasonable investigation, these Defend,lIlts are without knowledge or information sufficient to form a belief as to the truth of the avemlents that Pluintiffs "reccived reports" that Defendants havc failed to properly fecd, carc, board and water Clurrific Man, and same are thus denied. By way of further answer, at alltimcs rclevant hereto, Defendants have providcd proper feed, care, board, water, womlings, farrier serviees and veterinary care to C1urrific Man pursuant to the Consignment Sale Agreement attached hereto as Exhibit "A." 25. Aner reasonable investigation, these Dcfendants arc without knowledgc or information sufficient to form a belief as to the truth of the averments that Plaintiffs "received reports" that the condition of Clurrific Man has deteriorated considerable and the horse can no longer be valued atthc same valuc it had on Novcmber 28, 1998, and samc are thus denied, place at issue and strict proof thereof demanded at timc of trial. By way of further answer, Defendants Defendants have provided proper feed, carc, board, water, wormings, farrier services and veterinary care to Clurrific Man pursuant to the Consignment Sale Agreement attached hereto as Exhibit "A." 26. Denied. It is specifically denied that Clurrific Man no longer has the same appearance or physical wellness that allegediy attracted Plaintiffs to thc horse in November, 1998; it is funher denied that Clurrific Man no longer conforms to thc quartcr horse that Plaintiffs agrced to purchase from Daryl Dissinger, and said averments are thus placed at issue and strict proofthereofdemallded at time oflrial. By way offurthcr answer, Clurrilic Man rcmains in exccllcnt heallh, as wcll as exccllenl physical condition and soundncss. 27. Denicd as stated. It is spccifically dcnied thai Melissa Dissinger at any timc relcvant hercto is or was an agent aCling by or on behalf ofCharlcs Dickcy, On the contrary, I I I I , I ! I I only Daryl Dissingcr d/b/a Double D Fanus is and was the agent for purposes of boarding and selling Clurrific Man pursuant to the Sales Consignment Agrcernent attached hereto as Exhibit "A," It is specifically denied that Daryl Dissingcr, Melissa Dissingcr and/or Double D Farms have breached any agreement with Plaintiffs on November 27, 1998. WHEREFORE, Defendants Daryl Dissinger, Melissa Dissinger and Double D Farms, respectfully request this Honorable Court to enter judgment in their favor and against the Plaintiff. COUNT II BREACH OF EMPLOYMENT AGREEMENT 28, In response to Plaintifrs incorporation, Defendant incorporates all facts and allegations set forth in Paragraphs I through 27 of this Answer by reference as if fully set forth at length herein, 29, Admitted. By way of further answer, Angela Strawser commenced part-time employment on September 22, 1998, then became a full-tirne employee on October 5, 1998. Further, at all times relevant hereto, Angela Strawser was an at-will ernployee. 30. Denied as stated, It is specifically denies that Angela Strawswer submitted her resignation to Defendants on January 4, 1999, On the contrary, Angela Strawser tenuinated her employment with Double D Fanus on December 31, 1998 without prior notice. As to the remaining avenuents contained in Paragraph 30 of Plaintiffs' Complaint, after rcasonable invcstigation, Ihcse Dcfendants arc wilhout knowlcdgc or infonnation sufficicnt to form a bclief as to thc truth of same, and samc arc thus dcnied. 31. Denicd, It is specifically dcnicd thai Plaintiff Angela Strawscr is owed any monies in back pay for work perfonned. On thc contrary, Angela Strawscr was fully compensated for all hours worked at Doublc D Farms. By way of further answer, Angela Strawscr was paid for four days in December for which she did not work, i.e., December 18, December 21, December 24 and Decembcr 25, and for which she was not entitled to be paid. 32. Admitted. By way of further answcr, pursuant to the parties' oral agreement of November 28, 1998, Plaintiff Angela Strawser was and is responsible for all costs associated with the care and maintenance ofClurrific Man for the period commencing November 28, 1998 until the present. 33. Admitted. By way of further answer, these Defendants incorporate the avennents contained in this Answer at Paragraph 32 above as if fully set forth at length. 34. Denied as stated. It is specifically denied that Plaintiff is owed any back pay from Defendant; it is further denied that Plaintiff has been assessed costs not chargeable to her, By way of further answer, these Defendants incorporate the avennents contained in this Answer at Paragraph 32 above as if fully set forth at length. WHEREFORE, Defendants Daryl Dissinger, Melissa Dissinger and Double D Farms, respectfully request this Honorable Court to enter judgment in their favor and against the Plaintiff. NEW MATTER 35, Plaintiff Angela Strawser's claims set forth in Count II for alleged breach of employment contract are barred by the doctrine of release. A true and correct copy of the executed release allrccmcnt is allached hereto. marked Exhibit "B" and incorporatcd hcrein as if fully sct forth atlcnllth, 36, Plaintiff Angcla Strawser has becn fully compcnsated for all hours worked at Double D Fanns, and no wagcs arc due and owing. 37. Plaintiff Angela Strawser was not entitled to compensation for days and/or hours not work cd, 38. Plaintiffs Imve failed to state a claim upon which relief can bc grantcd. 39. Defendants Daryl Dissinger and Double D Fanns have fully pcrformed all contractual obligations required of them. 40, Melissa Dissinger is neither a party to any agreement with Plaintiffs nor owes any contractual duties to Plaintiffs; nor is Melissa Dissingcr an agent for Defendant Charles Dickey. 41. Plaintiffs' claims are barred by the doctrine of estoppel. 42, Plaintiffs' claims are barred by the doctrine of waiver. 43. Plaintiffs have failed to mitigate thcir damages, 44. Defendant Daryl Dissinger, as the agent, servant, or employee of Charles Dickey pursuant to the Sales Consignment Agreement, has no liability, personal or otherwise, to Plaintiffs. 45, Defendant Daryl Dissinger, as the agent, servant, or employee of Charles Dickey pursuant to the Sales Consignment Agreement, at all times material hcreto was and is acting within the course and scope of his agency agreemcnt with Charles Dickey, 46, Answering Defendants deny that the Plaintiffs sustained the damages as averred in their Complaint. If, however, Plaintiffs did in fact sustain such damages, same were not directly or proximately caused by the Answering Defcndants, _"'w,",.",_. I 47. I'laintiffs' damages, if any, and thc existence of which is cxpressly dcnicd, wcrc causcd in wholc or in part by pcrsons or cntities of which answering Defendants had no control :md for whose action answcrin~ Dcfcndants is not liable. 48, Answcring Defendants asscrts other and further affirnmtive dcfenscs as may become available and apparent during the course of discovcry in this casc. 49. On Novembcr 27, 1998. Defendant Daryl Dissinger cntered into an oral agreement with Plaintiffs to scllthe quartcr horsc. Clurrific Man, and thc paint filly, Jcwcl, to Plaintiffs for the lotal purchase pricc of$4,OOO, 50, Of the $4,000 purchase pricc, $500 was allocatcd as thc purchasc pricc for Jcwcl, and $3,500 was thc purchasc price allocated for Clurrific Man, 51. Plaintiffs agreed that they would pay the entire purchasc pricc for Jcwel in the amount of $500, and in consideration of such payment would receivc cxclusive ownership and possession of Jewel and her registration papers, 52. Plaintiffs further agreed that they would pay $3,000 toward the purchase price for Clurrific Man, and were informed by Daryl Dissinger that until the $500 balance of the purchase price was paid in full on or before February I, 1999, they would not receive exclusive ownership and possession ofClurrific Man and his registration papers. 53. Plaintiffs were further advised by Daryl Dissinger that commencing on November 28, 1998, they were responsible for all veterinary, farrier, and boarding fees for both Jewel and Clurrific Man, and Plaintiffs agreed to accept such responsibility, 54. Commencing on November 28, 1998, Plaintiffs exercised dominion and control over both Clurrific Man and Jewel, and informed other patrons and employees of Double D Farms that said horses were her propcrty. 63. At alltimcs relevant herclo, Dcfcndant, Daryl Dissinger, as the agcnt, scrvant, or employee of Charles Dickey pursuant 10 the Salcs Consignmcnt Agreement, was and is acting within the course and ~copc of his agency agrcement with Charles Dickey in sclling the subject quarter horse, Clurrific Man, to Plaintiffs. 64. At all times rclevant hereto, Charles Dickey has been and is in thc posscssion of certain registration papers for Clurrific Man, 65. Defendants Daryl Dissingcr and Double D Farms, as agcnts of Charles Dickey pursuant to thc Sales Consignment Agrcement attached hereto as Exhibit "A," deny that the Plaintiffs sustained losses and/or damages as alleged in their Complaint. However, if it is detennined that the Plaintiffs did sustain the losses and/or darnages as alleged, it is affirmatively averred that the same were caused solely and proximately by the acts or omissions to act and/or breach ofcontract of Dcfendant Charles Dickey. 66. If it is established at trial in this action that the Plaintiffs suffered any losses and/or damages alleged in the Complaint as the result of any acts or omissions to act and/or breach of contract on the part of Daryl Dissinger and Double D Fanns, their agents, servants and/or employees, the same being expressly denied, then Charles Dickey, as the principal of Daryl Dissinger and Double D Fanns pursuant to the Sales Consignment Agreement, is solely liable to the Plaintiff for such acts or omissions to act and/or breach of contract. 67, Should it be judicially detennined that Daryl Dissinger and Double D Farms, their agents, servants and/or employees, are liable for the Plaintiffs' alleged damages, the same being expressly denied, then it is averred that Charles Dickey, as the principal of Daryl Dissinger and Double D Fanns pursuant to the Sales Consignment Agreement, is jointly liable, or liable over to Daryl Dissinger and Double D Fanns, Therefore, Daryl Dissinger and Double D Farms, by this Crossclaim, hereby preserve their right of liability over, contribution, and/or indemnification against their principal, Charles Dickey. WHEREFORE, Defendants, Daryl Dissinger and Double D ramls, respectfully request this Honorable Court to enter judgment in its favor and against the Plaintiffs, or, in the alternative, in favor of the Plaintiffs and againsl Charles Dickey, Defendant, only. COUNTERCLAIM - BREACH OF CONTRACT DARYL DISSINGER AND DOUBLE D FARMS V5. ANGELA STRAWSER AND TF.RRY BOWEN 68. On November 28,1998, Plaintiffs Angela Strawscr and Terry Bowen agrecd to purchasc the quarter horse, Clurrific Man, and the paint filly Jewel, both ofwhieh horses were on consignment to Daryl Dissinger and Double D Farms for purpose of sale. 69. Clurrific Man is owned by Charles Dickey, the principal of Daryl Dissinger and Double D Farms. 70. The purchase price agreed upon with Plaintiffs for Clurrific Man was $3,500, 71. At the same time, Plaintiffs agreed to pay $500 for the paint filly, Jewel. 72, On November 28, 1998, Plaintiffs tendered a check in the amount of$3,500, and subsequently received the registration papers for Jewel as the $500 purchase price for Jewel had been paid in full. 73. The Plaintiffs and Darryl Dissinger agreed that the remaining $3,000 would be applied toward the purchase price for Clurrific Man, and Plaintiffs were advised by Daryl Dissinger and agreed that the $500 balance of the purchase price for Clurrific Man was due on or before February I, 1999. 74. Plaintiffs further agreed that they would pay $185 monthly board on Jcwel and Clurrific Man while the two horses were stablcd at Doublc D Farms, and, in addition, would pay all farrier and veterinary bills associated with the eare and maintenancc ofClurrific Man and Jcwel. 75. Plaintiff were adviscd by Daryl Dissinger and ,Igreed thai in the cvent Angela Strawser terminatcd hcr cmploymcnt rclationship with Double D Farnls at any timc between Novcmber 28, 1998 and February I, 1999, Ihe entire balance due on the purchasc price for Clurrific Man, as well as any unpaid board and/or vctcrinary and farrier expenses for both Jewel and Clurrific Man, would bc immediately bc due and payable upon such rcsignation. 76. Angcla Strawser tcrminated her employment relationship on Deccmber 31, 1998. 77. At no time after November 28, 1998, and continuing to the presenl day, have Plaintiffs paid the $500 balance due and owing on the purchasc price ofClurrific Man. 78. Plaintiffs removed Jcwe1 from Doublc D Farms on December 31, 1998, 79. At the time Plaintiffs removed Jcwc1 from Double D Farms, Plaintiffs owed a farrier bill in the amount of$20.00 for a hoof trim on Jewel by H. D. Plasterer, 80. Double D Farms paid the farricr bill for Jcwel and requested reirnburscment from Plaintiffs, but Plaintiffs have refused to pay and continue to refusc to pay, in breach of their agreement with Daryl Dissinger. 81. Double D Farms has incurred two farrier bills, in the amount of $20 each, for the care and maintenance ofClurrific Man, which Plaintiffs havc failed to pay, in breach of their agreement with Daryl Dissinger. 82, Plaintiffs have further failed to pay boarding fees, veterinary bills and blacksmith bills from December 31, 1998 to the prescnt incurred for Clurrific Man in the arnount of $1,170. 83, Boarding expenses in the amount of$185 pcr month continuc to accrue on a monthly basis. JUN- 4-99 FRI 8:37 AM 200 CRCC FAX N~ 7177305317 F, 3 YERIFJCA TmM I am Melissa Dissinger. Defendent in the within instrument. I hereby verify that the facts set forth therein are true and correct to the best of my knowledge. infonnation and belief and thaI this verification is made subject 10 the penalties of 18 pa. C,S,A, Section 4904 relating 10 unsworn falsification to authorilies. , ,.IJfldt4!4{ ~Q/ Melissa Dissinger I' Dated: June '11t/9t/ MAY-12-99 WED 1:27 PM 200 CHCC .. .... .... FAX N[ 7177305317 P. 2 ~ ouble ~anns D..~I K, Dlulnc.r 40 MoConnlck Road Mechanlesbut& PA J70SS (717) 791-J955 This Sales Conslgnmenl Agreemenr is between Daryl K, DIssinger, doing business as Double D Fanns, and Rita and Charles (Joseph) Dickey, hereinafter referred to as "Owner". ~ Clurlffic Man Mr. Sweet Citation DeJcription 1992 Sorrel Gelding 1990 Sorrel Stallion For and in consideration of the mutua! agreements hereinafter sel forth, Double 0 Farms and the Owner Ulutually agree as follows: In this Agreement, Double 0 Farms ag....es to promole and mllket said horses above. The only cost involved to Owner wlll be farrier service and any veterinarian charges incwred not due to neglect. Double 0 Farms will use a farrier and veterinarian of his choice to provide ordinary and necessary care uniess Owner has requested his/her veterinarian and fmier is used. However, if they are unavailable. Double 0 farms will engage his choice. 80th parties &gree thaI Double 0 Farms, the Trainer, their Agents and Employees,,", not liable for death, sickness, and/or accident including consequenllal damages caused to the horse(s) unless such death, sickness, and/or accidcnl was caused by the willful and wanton negligence on the part of Double n Farms, and that the Owner is not liable for death, sickness, and/or accident including c""sequential damages caused by hlslher horse(s) unless the Owner had knOWledge that the horse(s) had pre.existlng problems which were the direct cause of such death, sickness, and/or accident. The horses shall be In healthy and sound condition, free from infectious, contagious or Irll/l5missible disease, A current negative Coggins test, photostat copy of ....gislratJon papers (both sides), veterinarian's health certificate, plus a health, wormins. and Immunization record must accompany the hOrses. If they do not, Double D Fanns will have the horses examined and/or tested at the Owner's expense. It is the responsibility of the Owner to carry full insurance Including coverage on hislher horses 8lld all personal property, The amount of S5,OOO.00 will be the asking sale price for Cluriffic Man, Any offer that Double 0 Farms receives will be forwarded to the Owner for consideration. The lIlTlount of 56,500.00 will be the asking sale price for Mr. Sweet Cltalion, Any offer that Double D Farms receives will be forwarded to the Owner for consideration. Monthly board for said horses will be 50. In return for monthly board, Owner agrees to pay Double D Farms 15% orlhe final sale price. EXHIBIT I If >- ~ a; -:J I~ e59. N :""J_ <:- r) _':"I --( t :t:: O:S It:c "- .- C)"'... 9;5 6"-' ...... c. -'0 UJO_ I .5 O:LII 2 0: ,jj f!: :::J UJ -, :j.Ja.. ~ en ...: ::> en U . . , ~ qualification that the agency relationship tenninated on June 22, 1998 upon the expiration of the consignment agreement between the defendants. 9, No answer is necessary to paragraph 9. 10. -- 26. Denied, After reasonable investigation defendant Dickey is without knowledge or infonnation sufficient to fonn a belief as to the truth of the avennents contained in paragraphs 10 through 25 and proof is demanded. 27, Denied, Paragraph 27 sets forth legal conclusions to which no response is necessary. To the extent that paragraph 27 sets forth allegations or averments not previously addressed, they are expressly denied and proof is demanded, 28, No response is necessary to paragraph 28, 29,-- 34, Denied, After reasonable investigation defendant Dickey is without knowledge or infonnation sufficient to fonn a belief as to the truth of the avennent and proofis demanded, WHEREFORE, defendant Dickey demands judgment in his favor with all costs of suit taxed to the plaintiffs. R~~pectfully, S}/bmitted, 'j , \ 1.1(/ i. ""\. RalphD, Oyler, Esq, Attol1\ey fOr Charles Dickey 31 South Washington Street Gettysburg, PA 17325 (717)337-3 I I I -... r-: ~:;; Lr. ~;-: ,~ ; ." " I " , ; (), , .-.( i:'. I I.-"~ " ~ ".:) r':;"l . (" : ,::, -' , " L:, c: i " -, 'J ;-.. -, .., u_ I.'.. C;; J ,- (,); (J -' defendant Charles Dickey at least with respect to a certain registered quarter horse by the name of "Cluriffic Man." 7, It is believed and therefore averrcd that defcndant Charles Dickey is the registered owner of this quarter horse with a full name of "Cluriffic Man," American Quarter Horse Association #3148845, which horse otherwise goes by the name of "Clue". 8. Defendant Charles Dickey, as principal, placed this quarter horse in the possession of defendants Daryl and Melissa Dissinger d/b/a Double D Farms for the purpose of boarding the horse and selling lhe horse for defendant Charles Dickey, COUNT I BREACH OF CONTRACf OF SA r .R 9. Paragraphs 1 lhrough 8 are incorporated herein as if set forth at length. 10. Plaintiff Angela Strawser commenced working for defendants Daryl and Melissa Dissinger d/b/a Double D Farms during the third week of October 1998, Angela Strawser's work included cleaning stalls, glOoming, exercising, feeding and watering the horses as required. 11. During plaintiff Angela Strawser's employ at Double D Farms she became familiar with the aforementioned horse, "Cluriffic Man." 12. On November 27, 1998, plaintiffs Terry Bowen and Angela Strawser agreed to purchase "Cluriffic Man" from defendant Daryl Dissinger d/b/a Double D Farms for a purchase price of $3500,00. In addition, the parties discussed the plaintiffs' purchase of a second horse, a young paint filly named "Jewel" for the price of $500.00 from defendant Daryl Dissinger d/b/a Doublc D Farms, but no agrccmcnt was rcachcd on "Jcwcl" on this date. 13. Defendant Daryl Dissingcr nevcr revealed 10 plaintiffs his agency relationship with defendant Charles Dickey with respect to the horse "Cluriffic Man", and at all times led plaintiffs to believe that he, his wife and Double D Farms were the either the owners of "Cluriffic Man" or had the authority to sell "Cluriffic Man." 14, On November 2S, 1998, pursuant to the Agreement reached on November 27, 1998, plaintiff Angela Strawser tendered performance to the Agreement by making delivery of$3500.00 to defendants Dissingers d/b/a Double D Farms, 15. Defendants Dissingers d/b/a Double D Farms was expecled to transfer registration papers transferring title to the registered quarter horse "Cluriffic Man" to plaintiff Angela Strawser on November 2S, 1995, but defendants indicated they were unable to do so at that time. 16. Defendants Dissingers d/b/a Double D Farms assured plaintiff Angela Strawser that the paperwork would be delivered to her the following business day. 17. On December 1, 1995, defendant Daryl Dissinger revealed to the plaintiffs, for the first time, that he did not hold the paperwork for "Cluriffic Man", but that the owner of "C1uriffic Man" was in possession of the paperwork for the horse. Defendant Daryl Dissinger did not reveal the name of the "owner" at that time. IS. On December 10, 1995, plaintiffs agreed with defendant Daryl Dissinger d/b/a Double D Farms to purchase the second horse, a young paint filly named "Jewel" for the price of$500,00. 19. On December 10, 1998, defendant Daryl Dissinger provided to plaintiffs the paperwork for "Jewel", It was agreed that rather than pay an additional $500.00 at this time the plaintiffs would be credited with $500.00 from the $3500.00 previously paid for "CIuriffic Man." 20. Plaintiffs agreed that they would pay the additional $500,00 to complete the purchase of "CIuriffic Man" when the paperwork for "Clue" was produced and transferred to them. 21. Despite repeated efforts by plaintiffs to obtain the paperwork establishing title to the registered quarter horse "Cluriffic Man" defendants Dissingers d/b/a Double D Farms has refused and continues to refuse to turn over this paperwork to plaintiffs, 22, Plaintiffs have taken possession of the young filly named "Jewel," but as yet they neither obtained possession of the quarter horse "Cluriffic Man" nor the paperwork evidencing their ownership of "Cluriffic Man," 23. Plaintiff Angela Strawser stopped working for defendant Double D Farms on January 4, 1999. 24. Since January 4, 1999, plaintiffs have received reports that the defendants have failed to properly feed, care, board and water "CIuriffic Man," 25. The plaintiffs have received reports that the condition of "CIuriffic Man" has deteriorated considerably and the horse can no longer be valued at the same value it had in November 1998. 26. It is believed and therefore averred the quarter horse "CIuriffic Man" no longer has the same appearance or physical wellness that attracted plaintiffs to the horse in CERTIFICATE OF SERVICE I, R. Mark Thomas, Esquire, hereby certify that I am this day serving a copy of the foregoing Complaint upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, Mechanicsburg, Pennsylvania, first-class, postage prepaid, as follows: Daryl Dissinger Melissa Dissinger 443 McCormick Road Mechanicsburg, P A 17055 Daryl Dissinger and Melissa Dissinger d/b/a Double D Farms 1022 R Lisbum Road Mechanicsburg, P A 17055 ~~r:;/99 . , . Date &J~ R. Mark Thomas 101 S, Market Street Mechanicsburg, P A 17055 39. Denied. As has prcviously bccn sct forth in this Complaint, defcndants Daryl Dissingcr, Ml'lissa Dissingcr and Doublc D Farms havc not performcd as pcr thc agreemcnt for the purchasc of "Ciuriffic Man." 40. Denicd. At all times relevant hereto Melissa Dissinger was a part owner, agent and/or employee for Double D Farms and she held out herself as having the authority to transact business on behalf of Doublc D Farms which was the agent of defendant Charles Dickey. 41. Denied, This allegation is a conclusion of law to which no responsive pleading is required. 42. Denied. This allegation is a conclusion of law to which no responsive pleading is required. 43. Denied. Plaintiffs have attempted to mitigate their damages by accepting delivery of the horse, "Jewel" and beyond that they have not been able to take any steps to either acquire possession of "Cluriffic Man" or return of their monies. 44. Denied, This allegation is a conclusion of law to which no responsive pleading is required. By way of further answer, defendant Daryl Dissinger, prior to the oral agreement reached on November 27, 1998 for the purchase of "Cluriffic Man" did not reveal his agency relationship with Charles Dickey and therefore defendant Daryl Dissinger is personally liable to plaintiffs. 45, Denied. Plaintiffs are without sufficient knowledge, information or belief, following reasonable investigation to either affirm or deny this allegation and therefore same is denied and strict proof thereof demanded at time of trial. 46. Denied, All the damages sustained by plaintiffs were the direcl result of defendants Daryl Dissinger and Melissa Dissinger d/b/a Double D Farms and their actions and representations made with regard to lhis transaction. 47. Denied. Plaintiffs are wilhout sufficient knowledge. information or belief to either affirm or deny this allegation and therefore same is denied and strict proof thereof demanded at time of trial. 48, This answer sets forth no allegations of fact and/or law, and therefore no answer is required, 49. Denied. On November 27, 1998. plaintiffs and defendant Daryl Dissinger d/b/a Double D Farms entered into an oral agreement for the purchase of the quarter horse, "Cluriffic Man" at a sale price of $3500.00, With regard to the paint filly, "Jewel", discussions were had with respect to plaintiffs' purchase of" Jewel", but no agreement was reached with regard to that purchase. 50. Denied. The only purchase price agreed upon on November 27. 1998 was $3500.00 for "Cluriffic Man." 51. Denied in part, admitted in part. To the extent that this allegation implies that the agreement that plaintiffs would purchase "Jewel" was made on November 27, 1998 this allegation is denied, The allegation fails to set forth a date on which the agreement to purchase "Jewel" was entered and the plaintiffs hereby state that the agreement for plaintiffs to purchase" Jewel" in the amount of $500.00 was entered on December 10, 1998, following the failure of defendants Dissingers d/b/a Double D Farms to deliver registration papers for "CIuriffic Man". I " 52. Denied. There was no discussion wilh regard to any llalance to be paid on or before February I, 1999. By W.1Y offunher reply see plaintiffS' allegalions #19 and #20 of the Complaint which contain plaintiffs' reply. 53. Denied. There was no agreement on November 28, 1998 for the purchase of both "Cluriffic Man" and "Jewel" and therefore Ihere was no agreement thaI plaintiffs would be responsible for the veterinary, farrier and boarding fees for these horses. Further, since plaintiff Strawser worked for Double D Farms the agreement she had was that there would be no veterinary, farrier or boarding fees for "Cluriffic Man." 54. Denied. Both horses involved in this matter have registration papers which set forth the identity of the legal owner of each horse. In neither case did plaintiffs have the paperwork authorizing or showing them as having legal ownership of these horses and therefore plaintiffs did not exercise dominion and control over these horses. Further, it is denied that plaintiff Angela Strawser stated to other patrons and employees on November 28, 1998 that she was the owner of these horses. 55. Admitted in part, denied in part. It is admitted that plaintiff never paid the $500.00 balance which defendants Dissinger d/b/a Double D Farms claims is owed, however, plaintiffs did on numerous occasions offer to tender an additional $500.00 in exchange for the registration papers for "Cluriffic Man." It was defendant Daryl Dissinger d/b/a Double D Farms failure and/or refusal to provide plaintiffs with the registration papers that precluded plaintiffs from paying an additional $500.00. By way of further answer, plaintiffs assert that any additional $500.00 which was due from them was as a ( 68. Denied. Plaintiffs did agree to purchase the quarter horse "Cluriffic Man" on Novembcr 27, 1998, but did not agree to purchase the paint filly "Jewel" at that time. To the extent that these horscs were both on consignment to defendants Daryl Dissinger and Melissa Dissinger d/b/a Double D Farms for the pUrpose of sale plaintiffs are without sufficient knowledge, information or belief to either affirm or deny that allegation and therefore same is denied and strict proof thereof demanded at time of trial. 69. Admitted. By way of further answer, plaintiffs did not learn that defendant Charles Dickey was the owner of "Cluriffic Man" through the defendants Daryl Dissinger and Melissa Dissinger d/b/a Double D Farms, but rather found that information out through the use of the intemet. 70. Admitted. 71. Denied. This allegation states that the agreement to purchase the paint filly "Jewel" was entered into at the same time as the agreement for the plaintiffs to purchase "Cluriffic Man." To that extent it is denied. Plaintiffs agreement to purchase the paint filly "Jewel" did not occur until December 10, 1998, after they had failed to obtain the appropriate registration papers for "Cluriffic Man." 72. Admitted in part, denied in part. It is admitted that on November 28, 1998 plaintiffs tendered a check to defendants to Daryl DiSsinger, Melissa Dissinger d/b/a Double D Farms in the amount of $3500.00. This payment was made for the purchase of "Cluriffic Man" as agreed upon on November 27, 1998. There was no agreement at this time that plaintiffs were to purchase "Jewel." 73. Denied. On Decembcr 10, 1998, due 10 lhe failurc of defendants Daryl Dissingcr and Melissa Dissingcr d/b/a Double D Farms to provide them Wilh the registration papers for "Cluriffic Man" plaintifls agreed that they would purchase the paint filly "Jewel." This second agreement was with the understanding that plaintiffs would not tender an additional $500.00 until they received registration papers for Cluriffic Man. Further, plaintiffs advised defendants that lhey were ready, able and willing to tender the $500.00 on December 10, 1998 and everyday thereafter. 74. Denied. Plaintiffs never entered into any agreement with regard to monthly board on the horses "Jewel" and "Cluriflic Man." At all times relevant to either agreement plaintiff Angela Strawser was an employee of defendant Double D Farms and the discussion was that since she was an employee there there would be no monthly board. 75. Denied. It was never agreed that there was any connection between the employment relationship of Angela Strawser with Double D Farms and the purchase of the horse "Cluriffic Man." Further, there was an agreement that board would be free since plaintiff Strawser was employed by Double D Farms. 76. Denied. Plaintiff Angela Strawser terminated her employment relationship with Double D Farms on January 4, 1999. 77. Admitted. By way of further answer the plaintiffs offered to pay the $500.00 balance due and owing on "Cluriflic Man" on numerous occasions, but required the defendants to tender the registration papers to "Clufiflic Man at the same time. Defendants were never able to tender the registration papers and therefore plaintiffs never tendered the $500.00. 78. Denied. Plaintiffs removed "Jewel" from Double D Farms on January 4, 1999. 79. Denied. As set forth in CounllI of plaintiffs' Complaint the $20.00 lor a hoof trim on "Jewel" was deduCled from plaintiff's wages and therefore plaintiff does not owe this addilional sum. 80. Denied. The amount for this farrier bill was deducted from plaintiff's wages and therefore plaintiff has not refused to pay. 81. Admitted in part, denied in part. It is admitted that Double D Farms has incurred farrier bills with respect to the care and maintenance of "Cluriffic Man," but what the extent of these fartier bills is plaintiffs have no knowledge. By way of further answer, plaintiffs deny that they were required to pay these farrier bills in light of the breach of the agreement by Daryl Dissinger, Melissa Dissinger and Double D Farms. 82. Admitted in part, denied in part. It is admitted that plaintiffs have not paid any boarding fees, veterinary bills and blacksmith bills for "Cluriffic Man," but it is denied that such monies are owed by plaintiffs. There was never any agreement that plaintiffs would pay these sums nor have plaintiffs ever received the registration papers with regard to "Cluriffic Man." 83. Denied. Plaintiffs deny that they are liable for boarding expenses with regard to "Cluriffic Man" since defendants breached the agreement of sale with regard to "Cluriffic Man" and have yet to tender delivery of "Cluriflic Man" with registration papers to plaintiffs. .--__.._ .-___....l CERTIFICATE OF SERVICE '1'/-/1- And now, this / Gay of July, 1999, I hereby certify that I have served a copy of the within Plaintiffs Reply to New Matter and Answer to counterclaim of Daryl Dissinger and Melissa Dissinger, d/b/a Double D Farms on the following counsel and parties of record by depositing a true and correct copy of the same in the U.S. Mail at Mechanicsburg, Pennsylvania, via first class mail, postage pre-paid, addressed to: Cheryl J. Allerton, Esq. Hartmau, Hartman, Howe & Allerton 2901 St. Lawrence Ave. PO Box 4429 Reading, P A 19606 Ralph D. Oyler, Esq. 112 Baltimore St. Gettysburg, P A 17325 X}:;t/Jk"U~ R. Mark Thomas, Esquire Attorney for Plaintiffs 10 1 South Market Street Mechanicsburg, P A 17055 (717)796-2100 ID# 41301 i I I ! I I ! i i I I I >- :;..- ~~ ..:J t.; ~.- ~~ .-'t' (' i-";: Lll..: ~2( :' -, ll.< OlAr" H.. .-Y,! (),' ) --, ; ,c':>' uJ <'" - . ~l" , . - .i 1..1.. ~. I , ,,- c'!'. :-:) () <;1'1 () I ,I , ! :i i i , , i I i I l.A'\\'(WH('!-.S HARTMAN, HARTMAN, How.: & ALLERTON ",ll:u....\Sln__,'l fOll:rO'ATln" mU;GORY C.IIARI MAN' C1IRISTOPIlERJ.IIARTMAN" ANnREW N. 1I0WE CHERYl. J. AI.I.I;RlON CHARIH N SIIURR. JR. . AUO toll.tolOIlI 'I.Olllll" PAil; .. AUU MtMIIU IlISTlI;ln llt"('llIIJM/lIA nAil 2901 ST I.AWRI:Nt.'I: AVI:NlW. 1'0. nox...al') Rr.AUlSli, Pr.SSS"lVA'I" 1%0(1 (blO) 771)-0772 FAX (610)171).7.173 lawlirm'illlllllAconJ 01' COUNSEl. MAR~ C. scan January 3, 2000 The Honorable Gcorge E. Hoffcr, President Judge Court House One Courthouse Square Carlisle, P A 170 I3 Bowcn and Strawscr v. Dissinger, et al. No. 99-1910 (N4. ~~~/-f. . I represent e ry and Melissa Dissingcr, d/b/a Double D Fanns, in the above referenced maller. This is small breach of contract action commenced at the district justice level and appealed to the Arbitration Division of the Cumberland County Court of Common Pleas. Currently, thc case is scheduled for an arbitration hearing on February 9, 2000. For the reasons set forth bclow, please allow this letter to serve as a request to discontinue further representation of the Defendants in this maller. Upon appeal, I filed a responsive pleading to the Plaintiffs' Complaint in early June, 1999. Since that time, Defendants have not rcsponded to any ofthc written communications which I have scnt to them. Despite my requests that they contact me to prepare their defense and counterclaim for trial, I have heard nothing from them. For this reason, I believe that the Defendants have abandoned the case and I will be unable to adequately represent them and protect their interests without their cooperation. Further, Defendants have failed to make payments on their outstanding account balance pursuant to the hourly fee agreement to which they agreed, and havc not advanced the requested retainer for trial. The Defendants' failure to pay the accumulated hourly fees and requested retainer has rcsulted in an unreasonable financial burden, and thus constitutes good cause under Rule 1.16(c)(5) of the Rules of Professional Conduct for withdrawal of my appearance. Specifically, in my last letter to Defcndants on December 13,1999, I informed them that if they did not contact me on or before January 3, 2000, I would seek to withdraw my appearance from this casc, Again, my clients have failed to respond. Based on the foregoing, [ have prepared a Petition for Withdrawal of Appearance based on the Defcndants' lack of cooperation with counsel and apparent abandonment of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRY P. BOWEN AND ANGELA R. STRAWSER, CIVIL ACTION Plaintiffs, No. 99-1910 vs. CHARLES DICKEY, DARYL DISSINGER and MELISSA DISSINGER, d/b/a DOUBLE D FARMS ORDER ALLOWING WITHDRAWAL OF COUNSEL AND NOW, this day of . 2000, upon consideration of the verified Petition of Defendants' Counsel For Leave To Withdraw, it is hereby ORDERED and DECREED that said petition is GRANTED and that petitioner, Cheryl J. Allerton, Esquire, be permitted to withdraw her appearance of record for Daryl Dissinger, Melissa Dissinger, and Double D Farms, defendants in the above matter. By The Court: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERRY P. BOWEN AND ANGELA R. STRAWSER, CIVIL ACTION Plaintiffs, No. 99-1910 vs. CHARLES DICKEY, DARYL DISSINGER and MELISSA DISSINGER, d/b/a DOUBLE D FARMS Defendants PETITION OF COUNSEL for DARYL DISSINGER and MELISSA DISSINGER. d/b/a DOUBLE D FARMS FOR LEAVE TO WITHDRAW The petition of Cheryl J. Allerton, Esquire, respectfully represents: 1. The action was filed on April 28, 1999, and petitioner was shortly thereafter retained by defendants Daryl Dissinger and Melissa Dissinger, d/b/a Double D Farms to represent them in the matter. 2. On June 7, 1999, after consultation with the defendants, petitioner filed an Answer, New Matter, New Matter Pursuant to Rule 2252(d), and Counterclaim on defendants' behalf, verified by defendants, denying the allegations of the complaint. 3. Since that date, petitioner has heard nothing from the defendants and after numerous attempts to communicate with defendants, has not been able to make contact with defendants, Petitioner has written a number of times to the last known address of the defendants, but has received no response from them. 4. Petitioner believes and avers that the defendants have abandoned the case. 5. The case is listed for arbitration on Wednesday, February 9, 2000 and petitioner is unable to prepare the defense of the action without the cooperation, presence or availability of the defendants. . 6. Pctitioncr's continucd rcprcscntation of dcfcndants has bccn rendcrcd unreasonably difficult by virtuc ofthc clicnts' abscncc and abandonmcnt ofthc casc, and good causc exists thcrcforc undcr Rulc 1.16(c)(S) ofthc Pcnnsylvania Rulcs of Profcssional Conduct for pctitioncr's withdrawal of appcarancc in thc case. 7. Furthcr, dcspitc a fcc agrcemcnt rcquiring payment by dcfendants for petitioncr's scrvices on an hourly basis and thc submission of bills to thc dcfcndants, petitioner has receivcd no paymcnts on thc outstanding balancc of dcfcndants' account from thc dcfcndants for rcprcscnting thcm in this action, and dcfcndants havc not furnished the requested rctainer for trial of this mallcr. 8, The continucd rcprcscntation of dcfcndants without paymcnt of petitioner's fees, or thc prospcct of such payment, has resultcd and will further result in an unreasonable financial burden on pctitioner, and good cause cxists therefore under Rulc 1.16(c)(5) ofthc Pennsylvania Rulcs of Professional Conduct for pctitioner's withdrawal. WHEREFORE, pctitioner rcqucsts that this Court grant pctitioncr leavc to withdraw her appearancc for dcfendants in this acti,on. ;; ,i /It ..ll{t..U&~- Chcryl J.- IJetto', Esquire Pctitioncr and Allorney for Defcndants Hartman, Hartman, Howc & Allcrton, P.c. 2901 St. Lawrcncc Avenuc P. O. Box 4429 Reading, PA 19606-0129 610/779-0772 . VERIFICATION Chcryl J. Allcrton, Esq., hcrcby vcrifics that shc is counscl for Daryl Dissingcr and Mclissa Dissingcr d/b/a Doublc D Fanns in this action. and thatthc facts sct forth in thc forcgoing plcading arc truc and corrcctto thc bcst ofhcr knowledge, information and bclicf.. This Vcrification is madc subject to thc pcnalties of 18 pa. C.S.A. Scction 4904, relating to unswom falsification 10 Authoritics. HARTMAN, HARTMAN, HOWE & ALLERTON, P.C. 1 .,. IN TIU: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSnVANIA TERRY P. BOWEN and ANGELA R, STRAWSER, Civil Action I'lainliffs, No. 99-1910 vs. Defendants. ANSWER, NEW MATTER, NEW MA ITER PURSUANT TO PA. R,C.P. RULE 2252(d) AND COUNTERCLAIM FILED ON BEHALF OF DARYL DISSINGER AND MELISSA DISSINGER, d/b/a DOUBLE D FARMS CHARLES DICKEY, DARYL DISSINGER and MELISSA DISSINGER, d/b/a DOUBLE D FARMS, CERTIFICATE OF ADDRESSE& I certify that the last known addresses of counsel of record and other interested parties are as follows: R. Mark Thomas, Esq. 10 I South Market Street Mechanicsburg, P A 17055 Attomey for Plaintiffs Ralph Oyler, Esq. 31 S. Washington Street Gettysburg, P A 17325 Allomey for Defendant Charles Dickey Daryl and Melissa Dissinger Double D Fanns 1022 R. Lisburn Road Mechanicsburg, P A 17055 TERRY 1'. BOWEN and IN TIlE COURT OF COMMON PLEAS OF ANGELA R. STRAWSER, CUMBERLAND COUNTY. PENNSYtVANIA Plaintiffs vs. 99-1910 CIVIL CHARLES DICKEY, CIVIL ACTION - LA W DARYL DISSINGER and MELISSA DISSINGER. d/b/a : DOUBLE D FARMS IN RE: PETITION OF COUNSEL FOR LEAVE TO WITHDRAW ORDER AND NOW, this 1'1" day of January, 2000, a rule is issued on the parties to show cause why the within petition to withdraw ought not to be granted. This rule retumable five (5) days after service. BY THE COURT. ./9 Kev~~ /-/i-OO RJ{S ." , ".,'" ; :.... '.' "f/~~(( 00,/.1:11 il ,~:11l::;5 CUI.I'.:::.':, :'." ,:,:),'.7'1 PE:.NNSYLV/'!'i!'\ . . . , '- .~-~~.- ;;~:..;j(t1~:f.~~;~~{~kt~~f:~{~t~~;i~~t~lt~~~~f;:;;:":"k," .,~,~l",,;, 'f..' ...,'. '~'. '~t.;:;1! t-, ~"" i"'",'.l..-".,.~,..."t.I~...",-.;r,tt~~ ., ~.~.- J. '':'.l,'\H{'.:''',~'' {, :"~'''i: .,,t....'"":,,.. "''"'1 :', "'-\,\ "'. ," ~.,..\ .. n':'$li'},lt.-'~'I "'f'"""""""'''c "..., ." '. .~"~}!,W{,. "i'(:: ..it;~r;;;: ~"'.':?~J"'.;+'~'!'(if:'-';'\l"" ',"'Y';:~'r;t;~'t::l ~ ,'. - "r'", "~rl..~I?"""""'" .., '",. '-"''':(;, -, -"'" " ),",.,' ;Y~;i~~~~~;.Z~;~)~~t~~1f~'h;~~~~~~?Ai!fMJt7;TI};' .. 'iTi!..:<:'>'J,.1"V'~'~~'r"'''i.';'''I't't''{.~1 .:.. _'~",/..".,~~.... 'Hi!1J:,;f:';;hl~'u/kI..'i!'!.Ul. ~\~'{;:(2' ~,:i X;~;~1.t"~ .j, ';r .1;-:.-: ~/'" tlt';'''-J'~{.~'~", ;,~: '.~ ", .7c 'ib"r...;',;"~'l.;.,t "~,,"r {:~"Ul~'(i ,~li"t~,,;",':~nJ'> -',,[:1 :,' ";0 b' -'Y"..:I-r. ~"Jo.:" ., t."'~ ":;,4-t.l-.it,l~,-,:,,. -;"'~\" .,?t;i",,\,I':'.',n,'~{\(' , ,t4j-Pf,~~~~'l~t~~~1\~~~~E;/~~_~i;~~;~f~~tf.li ~~~\;~~(.Qm~l)i,.~/~;':'.'("~6!~;h't".{'f:c'~'~~~},., RI'MAN'Ho."""'&:AU.EJir N;.P.: '.V:'"" ';:;ifj:!~'l~;%tbiJ'il-'&iI""',H',W.':-i:fti~'2'IM';'~~~~\~1'" '~i",; l'ST;'LAWRENCE'AVENUI\:'t""., ~"*i!Ei:;':;;':- ,;'t~,~,~..", ',': " :>-'~ "~"'''' "'-~:1t~l~;?!~,.~'t':r;~":-:~; l';"')ih'j'~.<!''\lfi It '.Ii ".."",)::rl:~~}.~g~~:,~~~~~,::~{Yii~l'i;}~3\::H~};::{~~!}(#ti: .> ","'llEADlNGtPI!NNSYLVANIA.l9606 ;M',.,iO,..-: ,.;,0,.".. '.r,li' "''''J'. .~~!~i.~~J}:}~~M~{~;~~~!?!~~~'f;';;.,::~'r:.:\ :i/; ?::":?r i~'\~a~~ '>';~~:~::':~i:~~::~t~r::~rj~~~(;~n' . , -'. .' . " . . '. . ~ ~- , , ' . ' . ' . 6. PClitioncr's continued rcprcsentalion of dcfcndants has bccn rcndcred unrcasonably difficult by virtuc of the clients' abscncc and abandonmcnt ofthc casc, and good causc cxists thcrcforc under Rulc 1.16(c)(5) ofthc Pcnnsylvania Rulcs of Profcssional Conduct for pctitioner's withdrawal of appearancc in the casc, 7. Further, dcspitc a fec agrccment requiring paymcnt by dcfcndants for pclitioncr's scrvices on an hourly basis and thc submission of bills to thc dcfcndants, pctilioncr has reccivcd no payments on thc oUlstanding balancc of dcfcndants' account from thc dcfcndants for rcprescnting thcm in this action, and defcndants havc not furnished thc rcqucstcd rctaincr for trial of this matter. 8. Thc continucd rcprescntation of dcfcndants withoul payment of pctitioncr's fecs, or thc prospcct of such paymcnt, has resulted and will further rcsult in an unrcasonablc financial burdcn on pctitioncr, and good causc exisls thcreforc undcr Rulc 1.I6(c)(5) ofthc Pcnnsylvania Rulcs of Profcssional Conduct for pctitioncr's withdrawal. WHEREFORE, pctitioncr rcquests that this Court grant pclitioner Icavc to withdraw hcr appcarancc for dcfcndants in this llflipn, ~ '(I.. ' Ilf tc ~"Zt)"--- Chcryl J: Ilp10 ,Esquirc Pctitioncr and Allomey for Dcfcndants Hartman, Hartman, Howc & Allerton, P.C. 2901 St. Lawrence Avenue P. O. Box 4429 Reading, PA 19606-0129 610/779-0772 , -- .... N i:: &; ..;l -,. 0<'. :"j.-.r .- lJJ~] ( )...." ~(~. :';:( 0:;: " :l~ ('". >- ,.',-, 0 : -. f!] C:s(.. .L ~-' . u:~ E!:"~I :;>: l:;IU rOo OlIn; :}Jo.. -. -, .......: U_ n :;J c., 0 u :ryl: ";;\" y'" ~\'~ _~;",\'i~, _,' j :l, i 'i_',,~ ;;' . '~12~, ,<.t;ll :~ :U;, :'~lih\ ....~~"":\. L ~. t. .;~, ~ ~.. '> "". " _,'", ',..l;', '{ ," ;J. ~.... . . (:(l '~;'I \,('" ,'" '" ,"t'",'! "'~ r" .~~., ,',.\,"':_ J.'.-~-: ". .j-, J.,i"\~ ,t/", t1.~: ~ ~ t~)~ \,,'.'-':1:; ':,~~!> I .. "..1 '1'i'!,;' ~ ~,,"';;~tft:ii~:',:i~~:~>>:Off!~ ::~~}ll\~l;'~r~~' ~ I:. b~ :HARtMAN,HOWE &AUEuON;P..~ \.\~y (}$.~ , .f'f'S,", ,1;;: . ',-.' " . ~ ,r.u """Jt., '~".: '~)i"',I(;-:":.t ~~~'{i"'" irt'f. ,..,>\" h<'290loST.LAWRENCEAVENUE "'\"'" "'" "~ -,.. ;h.,X..!~1J..'~\'r ,.1'. ,"'" ..... .^..\{L",,;./'~,,""'''''''-~"'/'II-'..1 ~!f:J''-: '."~'~' ': :~~P.O.BOX#29~'" ::': ',./'-:.e t~J::/l":?.1~""!"f;S.;...::--.J-::.!:~:}.r. ,&J~~f{5~;;.t!":':':r~'~~~ p~~V~~~.;~~' ,:. ',T:.:' /~i'fc;:@1!,i;\;~:f~~~;j~:t:b'i: ,I >- <"J E n; -:: ;:~. .. ~3 t5CJ - C)~ ( :'". - P:~f: ~t: (.);e ("')1.'-? ~~ '~"~ "". ., J :.;~ c..~ r I~' 0 LoJi.. fi!...'_r ::---- ''';,: JUj (:: ~, ~'}~u. -, 1._. a :J 0 0 (J }f(ll(( I ,:; ;~~'t rA./ el" rI A I N(~/r. '1J' 1(' '.llt",. '\1. /('" In The Court of Cocmon Pleas of ) ) } ) ) (' \ ' '\ ) Jlllfll (~ / ,r u / / /\"'/)'/ 1 I'.,,,h','r~ _~~II'I ttl".I.I_~~/"J I\,~._>,~/".,/,;,{' (r'/~,A-i L ~)l (J,l I. /::) J-I.'("i'I_~ OATH 'J)'f/: A'i\,.., A /; ~ We do solemnly swear (or affire) that we will support, obey and deiend the Couatitution of the United States and the Constitution oi this Co~~n- wealth and that we will discharge the duties oi our office-with fidelity. ~' j" / ' (/~" \ '/lr.<(,'//t'/Ii/.l(( .--\ '/ Cha =anJ / /~<(~:<t77''/j((:U::- -.J..JA~ -R i1.aJ. Cumberland County, ?ennsylvania ./ i /( ,. ",lie lIo.XL...... / C}/() (~ v II 19..2...:l. , , i i I I , AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) , ,J " ,,~Tm/...&. II <' rr.../r {i ~w fJ 18,,( n~, f.o, (i( fn .Nt. I /l-Uv'lJ Sl. 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