HomeMy WebLinkAbout99-03073
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-03073 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CITYBEAT INC
VS.
MCGUCKIN RONALD V ET AL _
R. Thomas Kline , Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: MCGUCKIN RONALD V D/B/A
THE MOUNTAINSIDE HOTEL
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of BUCKS County, Pennsylvania.
to serve the within NOTICE AND COMPLAINT
On June 23rd, 1999 , this office was in receipt of
the attached return from BUCKS County, Pennsylvania.
Sheriff's Costs: So answers: Docketing 18.00 /:?
Out of County 9.00 Y`???/ ,r
Surcharge 8.00 oma?li e, b'le i -
Dep. Bucks Co. 62.00
$!?/.Uu 06?23/19ROGERS b SPEAKS
Sworn and subscribed to before me
this 7 day of ?b?
19-qq A.D.
•-•. _....__ .?_ __ _ ire.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-03073 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CITYBEAT INC
VS:
MCGUCKIN RONALD V ET AL
R. Thomas Kline , Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: GORMAN MICHAEL J D/B/A THE
MOUNTAINSIDE HOTEL
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of BUCKS _ County, Pennsylvania.
to serve the within NOTICE AND COMPLAINT
On June 23rd, 1999 , this office was in receipt of
the attached return from BUCKS County, Pennsylvania.
Sheriff's Costs: So answers:
Docketing 6.00 /
Out of County .00 l-
Surcharge 8.00 ma in
$14.00 POWEL 19ROGERS & SPEAKS
06 ?99
Sworn and subscribed ? to before me
this ? , t day ofVu,.
19 q!2 A.D. 7_
In The Court of Common Pleas of Cumberland County, Pennsylvania
CityBeat, Inc.
vs.
Ronald V. McGuckin, et. al.
Serve: Michael J. Gorman, d/b/a The Mountainside Hotel
No. 99-3073 Civil 19
Now, 5/24/99 19_, I SHERIFF OF CUMBERLAND COUNTY, PA do hereby deputize the Sheriff of
Bucks County to execute this Writ, this deputation being made at the request and risk of the plaintiff.
Sheriff of Cumberland County, Pa.
t
i
I i.
Affidavit of Service
Now,
by handing to
attested copy of the original
the contents thereof.
Sworn and subscribed before
me this day of 19
19 ,
So answers,
Sheriff of
COSTS
SERVICE S
MILEAGE
AFFIDAVIT
o'clock IN, served the
a true and
and made known to
County, Pa.
S
C?,?(o j
CityBeat. Inc. -
vs.
Ronald V. McGuckin, et. al.
Serve: Ronald V. McGuckin, d/b/a The Mountainside Hotel
No, 99-3073 Civil
19
Now, 5/24/99 _
191 SHERIFF OF CUMBERLAND COUNTY, PA do hereby deputize the Sheriff of
Bucks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff.
Affidavit Of Service
I
i
i
I
Now,
by handing to
attested copy of the original
the contents thereof.
P
Sheriff of Cumberland County, Pa.
19 , ato'clock
M, served the
So answers,
Sheriff of
COSTS
Sworn and subscribed before
SERVICE?_ S
me this day of I9
__ 1•IILEACE
AFFIDAVIT
County, Pa.
a true and
and made known to
S
i
BUCKS COUNTY-1of i
SHERIFF'S RETURN
Filed 2-?Q!?n?
Bucks Case 11 t Recd ja/-I
Special Instructions
I
Action (11112 C 9=01 DIM
Plaintiff CiTYBEAT. 'E-f AL
Detenden RONALD V. MCGUCKIN &
THE MOUNTAINSIDE HOTEL
4728 RIVER ROAD
POTNT PT.FASANT PA 1 RQSfI
Address Served if Different a c?? l es
Sewe under Pa.R.C.P. 11402
.-(A) (i) Defendant personally served
--(A) (2) (1) Family Member
_--?A) (2) (i) Adult in Charge of Residence
A) (2) (li) Manager/Clerk at Defts. Lodging
b (A) (2) (iii) Person in Charge of Business
By Handing to _ AZICL'/i161 Sc I Z-77-
- By Posting /
Not Served
-30 Days Ran Out a t t Home
Defendant Moved JD. nt
_Def. Unknown Beds Better Add.
- Checked Post Office rwarding
Forwarding Addroas
Twp 1_1 /v.IA7-d PIN
By Deputy
Witness.
o clock on -//!o/-9-9
At o
The above documen was serv not-eerved on the
defendant as per information listed above in the County
of Bucks, Common; alt of Pennsylvagia.
So answers:
Lawrence R. Michaels, Sheriff of Bu Ks County
Affirmed a d subscribed before me on this day
AW?
i
Prothonotary
Affirmed and subscribed before me on this day
Notary Public
My Com. Exp. _
i;
i
I
r
i
r 5 -
Bucks County Casa # 32305
Inv ice to b ma'led to (i
V County Sheriff's Office
Attn of _3: Che DOYP- FS?, '
i
or
1
01-11PL i_pTE RECE P-
R?EiF'T a '? t
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
INC., CIVIL ACTION-LAW
Plaintiff No. 99-3073
vs.
RONALD V. MCGUCKIN and
MICHAEL J. GORMAN d/b/a
THE MOUNTAINSIDE HOTEL,
Defendants
To the Prothonotary;
Kindly enter my appearance for RONALD V. MCGUCKIN and MICHAEL J. GORMAN
THE MOUNTAINSIDE INN, defendants in the above captioned matter.
STACI F. ROSENBLOOM, ESQUIRE
Attorney for Defendants
Attorney I.D. #80956
3613 River Road
Lumberville, Pa. 18933
Gr" n FILE-{???^E
99 JLIL -9 All It? n3
cuwbEh?:.;;; cuunrY
PENN '['Lk- ;;
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CITYBEAT, INC., CIVIL ACTION.-LAW
Plaintiff No. 99-3073
vs.
RONALD V. MCGUCKIN and
MICHAEL J. GORMAN d/b/a
THE MOUNTAINSIDE HOTEL,
Defendants
NOTICE TO PLEAD
To: CITYBEAT, INC.
You are hereby notified to file a written response to the enclosed Preliminary Objections
within twenty (20) days from service hereof or a judgment may be entered against you.
Staci F. Rosenbloom, Esquire
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CITYBEAT, INC.,
Plaintiff
vs.
RONALD V. MCGUCKIN and
MICHAEL J. GORMAN d/b/a
THE MOUNTAINSIDE HOTEL,
Defendants
CIVIL ACTION-LAW
No. 99-3073
ORDER
AND NOW, this day of 19 , Defendant's
Preliminary Objections to strike offplaintift s complaint for failure to confonn to the requirements
of Pa. R.C.P. 1019 (h) is GRANTED. Plaintiff is given days from the entry of this
order to file an amended complaint with proper pleadings. Failure to so amend will result in this
Court entering an order to dismiss the action.
By the Court:
J.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CITYBEAT, INC.,
Plaintiff
vs.
CIVIL ACTION-LAW
No. 99-3073
ALD V. MCGUCKIN and
-IAEL J. GORMAN d/b/a
MOUNTAINSIDE HOTEL,
Defendants
DEFENDANT'S PRELIMINARY OBJECTION TO PLAINTIFF'S
COMPLAINT
Defendants, Ronald V. McGuckin, and Michael J. Gorman d/b/a The Mountainside Hotel,
by their undersigned counsel, preliminarily object to plaintiffs complaint pursuant to Pa R.C.P.
1028(a)(2):
PRELIMINARY OBJECTION RAISING FAILURE TO CONFORM TO
PA. R.C.P. 1019(h)
1. Plaintiff filed a complaint against the defendants in this matter, alleging, injury and
ach of contract based on an alleged contract for advertising services to be provided by plaintiff
defendant. A true and correct copy of plaintiffs complaint is attached as Exhibit "A."
2. Plaintiffs complaint alleges certain finance charges are due and owing from defendant.
3. Pursuant to the Consumer Credit Code, and The Uniform Commercial Code, finance
must be disclosed or agreed upon by the parties of a contract.
4. Plaintiff failed to provide a copy of any such contract between the parties for services,
a written agreement indicating that finance charges would accrue on any unpaid balance.
Plaintiffs complaint relied upon the existence of a contract and/or a document
that finance charges would accrue.
6. Pa. R.C.P. 1019(h) requires that:
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 accessible to him, it is sufficient to so state,
j together with the reason, and to set forth the substance of the writing.
7. Under Pa. R.C.P. 1028(a)(2), a party may preliminarily object by way of a motion to
strike of a pleading because of lack of conformity to law or nile of court.
8. The plaintiffs complaint is defective because it lails to attach it copy or it material part
:he writing that plaintiffs claim is based upon. Furthermore, if the writing wns not accessible to
intiff, plaintiff failed to state that is was not accessible, the reason why it was not accessible or
forth the substance of the writing.
9. The complaint being defective under Pa. It.C.P. lot 9(h), must be stricken,
WHEREFORE, defendant respectfully requests that plainlilPs complaint be stricken.
Itespectlldly submitted,
Staci F. Itosenbloom, INquirc
Attorney 1'or Detcndant
P.O. Box 57
Lumbcrville, PA 18933
215-297-5005
Attorney 11) 1180956
POWELL, ROGERS & SPEAKS
LEGAL DEPARTMENT
P.G. BOX 01107
HARRISBURG, PENNSYLVANIA 171061107
(717) 0962050
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CITYBEAT, INC.,
Plaintiff
VS.
RONALD V. MCGUCKIN AND
MICHAEL J. GORMAN D/B/A
THE MOUNTAINSIDE HOTEL
TRUE DOPY MM R
In T 91 Mrhe w- I here unw"my head
Ot d Coo, at Ca0"H*' P L
CIVIL ACTION-LAW
NO. If-- 3073
TYPE OF PLEADING:
COMPLAINT
FILED ON BEHALF OF:
CITYBEAT, INC.
Plaintiff
COUNSEL OF RECORD
J. CHAD MOORE
IDENTIFICATION # 76660
P.O. BOX 61107
HARRISBURG, PA 17106
i
_Ck
,. , CUMBER... ......... ... ......
"d LAND COUNTY,y PENNSYLVANIA
A
CITYBEAT, INC., * CIVIL ACTION-LAW
Plaintiff
*
Vs. * No.
*
RONALD V. MCGUCKIN AND
MICHAEL J.'GORMAN D/B/A
THE MOUNTAINSIDE HOTEL,
Defendants
i
NOTICE TO DEFEND
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 YOU. YOU ARE WARNED
THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A
JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER
NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER
CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY
OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
CUMBERLAND COUNTY, PENNSYLVANIA
CITYBEAT, INC.,
Plaintiff
* CIVIL ACTION-LAW
*
* No.
Vs.
*
*
RONALD V. MCGUCKIN AND
MICHAEL J.'GORMAN D/B/A
THE MOUNTAINSIDE HOTEL,
Defendants
NOTICIA
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita o en persona o por abogado y archivar en la corte en
forma escrita sus defensas o sus objeciones a las demandas en
contra de su persona. Sea avisado que si usted no se difiende,
la corte tomara medidas y puede entrar una Orden contra usted sin
previo aviso o notificacion y por cualquier queja o alivio que es
pedido en la peticion de demanda. Usted puede perder dinero o
sus propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICIANA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
IN THE COURT OF'COM40N PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CITYBEAT, INC., * CIVIL ACTION-LAW
Plaintiff
* NO.
VS.
*
RONALD V. MCGUCKIN AND
MICHAEL J. GORMAN D/B/A
THE MOUNTAINSIDE HOTEL,
Defendants
COMPLAINT
AND NOW COMES Plaintiff, Citybeat, Inc., by and through its
attorney, J. Chad Moore, Esquire, and files this Complaint and
specifically avers the following in support thereof:
1. Plaintiff, Citybeat, Inc., is a corporation organized
and existing by virtue of the laws of the Commonwealth of
Pennsylvania with a principle place of business located at P.O.
Box 1079, Camp Hill, Cumberland County, Pennsylvania.
2. Defendants, Ronald V. McGuckin and Michael J. Gorman
{ d/b/a The Mountainside Hotel, are Pennsylvania residents with a
principle place of business located at 4728 River Road, Point
Pleasant, Bucks County, Pennsylvania.
3. This Court has jurisdiction over this matter pursuant to
42 Pa. C.S.A. Section 5301(a) (2) and 42 Pa. C.S. Section 5517(b).
4. Citybeat, Inc. provided advertisement space to
Defendants in the May-June 1998 and July-August 1998 issues of
its publication.
5. The principle amount due for these advertisements is
hereto and incorporated herein by reference as Exhibit
6. Defendants received services from Plaintiff and were
billed by the Plaintiff for the amount of $2,025.00 which is due
and owing for such services in accordance with acceptable billir,
practices..
7. Although demand has been made by Plaintiff, Defendants
have failed and/or refused to pay the past due principle balance
owing to Plaintiff in the amount of $2,025.00 plus interest.
8. Accounts which are thirty (30) days past due are subjec
to a monthly finance charge of 1 1/2% (18% per annum) by the
Plaintiff.
9. From approximately June, 1998, finance charges have
accrued on the Defendants' unpaid balance.
10. Plaintiff, Citybeat, Inc. has determined that the total
amount due and owing by the Defendants, including costs of this
suit which are to be determined, are as follows:
Principle Amount $2,025.00
Finance Charges(6/98-5/99) $ 355.07
Attorney's Fees(15%) $ 357.00
Total $2,737.07
11. Finance charges continue to accrue on the unpaid balance
due and owing to the Plaintiff.
12. Defendants' failure and/or refusal to pay said balance
for services rendered constitutes breach of contract for such
services and results in unjust enrichment to Defendants and
injury to Plaintiff.
the past due amount of Imo Thouaand'gmvon'Nvu1"g
and 07/100ths Dollars g M•?`??,
($2,737.07) including all applicable. attorney's fees and all costs related to this action.
Respectfully submitted,
9
DATE: V19
r . . , , ljvwL=, z5quire
Attorney for Plaintiff
Legal Department of
Powell, Rogers & Speaks
P.O. Box 61107
Harrisburg, PA 17106-1107
(717) 896-2850
Identification #: 76660
Oem5me
BILL TO
Alquatainside Flotel and Cate
River Road
Point Pleasant, PA
SIZE DESCRIPTION
Full Pg May/June 1998
Flu Chg Finance Charges on Overdue Balance(1-1/5%
1/4 s9 per mo)
July/August 1998
Fin Chg Finance Charges on Overdue Balance(jul)
TERMS I REP PROJECT
Due on receipt EF
RATE FREQ AMOUNT
11380.00 1,380.00
41.71 41.71
645.00 645.00
9.67 9.67
Total $2,076.38
MaIIBIT A
VERIFICATION
,aylp,!5?lr of
CITYBEAT am authorized to make this verification on its behalf, and verify that the
averments set forth in the foregoing Complaint are true and correct to the best of my
knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to
authorities.
DATE:
¦i
VERIFICATION
MICHAEL J. GORMAN and RONALD V. MCGUCKIN, defendants, verify that
the facts contained herein are true and correct to the best of their knowledge, information
and belief. They understand that false statements contained herein are made subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to the authorities.
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY , PENNSYLVANIA
CITYBEAT, INC., * CIVIL ACTION-LAW
Plaintiff
* NO. q q- 3072 3
VS.
*
RONALD V. MCGUCKIN AND * TYPE OF PLEADING:
MICHAEL J. GORMAN D/B/A * COMPLAINT
THE MOUNTA INSIDE HOTEL
* FILED ON BEHALF OF:
* CITYBEAT, INC.
* Plaintiff
*
* COUNSEL OF RECORD
* J. CHAD MOORE
IDENTIFICATION # 76660
* P.O. BOX 61107
* HARRISBURG, PA 17106
¦
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CITYBEAT, INC., * CIVIL ACTION-LAW
Plaintiff
* No.
VS.
*
RONALD V. MCGUCKIN AND
MICHAEL J. GORMAN D/B/A
THE MOUNTAINSIDE HOTEL,
Defendants
NOTICE TO DEFEND
.y
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 YOU. YOU ARE WARNED
THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A
JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER
NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER
CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY
OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CITYBEAT, INC., * CIVIL ACTION-LAW
Plaintiff
* No.
VS.
RONALD V. MCGUCKIN AND
MICHAEL J. GORMAN D/B/A
THE MOUNTAINSIDE HOTEL,
Defendants
NOTICIA
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita o en persona o por abogado y archivar en la corte en
forma escrita sus defensas o sus objeciones a las demandas en
contra de su persona. Sea avisado que si usted no se difiende,
la corte tomara medidas y puede entrar una orden contra usted sin
previo aviso o notificacion y por cualquier queja o alivio que es
pedido en la peticion de demanda. Usted puede perder dinero 0
sus propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICIANA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
r ?
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CITYBEAT, INC.,
Plaintiff
VS.
RONALD V. MCGUCKIN AND
MICHAEL J. GORMAN D/B/A
THE MOUNTA INSIDE HOTEL,
Defendants
CIVIL ACTION-LAW/2
NO. 9 9 _ 90'73 64'u
COMPLAINT
AND NOW COMES Plaintiff, Citybeat, Inc., by and through its
attorney, J. Chad Moore, Esquire, and files this Complaint and
specifically avers the following in support thereof:
1. Plaintiff, Citybeat, Inc., is a corporation organized
and existing by virtue of the laws of the Commonwealth of
Pennsylvania with a principle place of business located at P.O.
Box 1079, Camp Hill, Cumberland County, Pennsylvania.
2. Defendants, Ronald V. MCGuckin and Michael J. Gorman
d/b/a The Mountainside Hotel, are Pennsylvania residents with a
principle place of business located at 4728 River Road, Point
Pleasant, Bucks County, Pennsylvania.
3. This court has jurisdiction over this matter pursuant to
42 Pa. C.S.A. Section 5301(a)(2) and 42 Pa. C.S. Section 5517(b).
4. Citybeat, Inc. provided advertisement space to
Defendants in the May-June 1998 and July-August 1998 issues of
its publication.
5. The principle amount due for these advertisements is
_ g.
$2,025.00. A true and correct copy of the invoice is attached
hereto and incorporated herein by reference as Exhibit "A".
6. Defendants received services from Plaintiff and were
billed by the Plaintiff for the amount of $2,025.00 which is due
and owing for such services in accordance with acceptable billing
practices.
7. Although demand has been made by Plaintiff, Defendants
have failed and/or refused to pay the past due principle balance
owing to Plaintiff in the amount of $2,025.00 plus interest.
8. Accounts which are thirty (30) days past due are subject
to a monthly finance charge of 1 1/2% (18% per annum) by the
Plaintiff.
9. From approximately June, 1998, finance charges have
accrued on the Defendants' unpaid balance.
10. Plaintiff., Citybeat, Inc. has determined that the total
amount due and owing by the Defendants, including costs of this
suit which are to be determined, are as follows:
Principle Amount $2,025.00
Finance Charges(6/98-5/99) $ 355.07
Attorney's Fees(15%) $ 357.00
Total
$2,737.07
11. Finance charges continue to accrue on the unpaid balance
due and owing to the Plaintiff.
12. Defendants' failure and/or refusal to pay said balance
for services rendered constitutes breach of contract for such
services and results in unjust enrichment to Defendants and
injury to Plaintiff.
1.
WHEREFORE, Citybeat, Inc., demands judgment in its favor for
the past due amount of Two Thousand Seven Hundred Thirty-Seven
and 07/100ths Dollars ($2,737.07) including all applicable
attorney's fees and all costs related to this action.
Respectfully submitted,
DATE:?y 99
?-
. Chad Moor , Esquire
Attorney for Plaintiff
Legal Department of
Powell, Rogers & Speaks
P.O. Box 61107
Harrisburg, PA 17106-1107
(717) 896-2850
Identification #: 76660
0)
CITYBEAT; INC.
POST OFFICE BOX 1079
CAMP HILL, PA 17001-1079
.w
Invoice
BILL TO
Mquntalnside Hotel and Cafe
River Road
Point Pleasant, PA
DATE INVOICE NO.
08/05/98 1998364
TERMS REP PROJECT
Due on recelpt EF
SIZE DESCRIPTION RATE FRED AMOUNT
Full Pg
Fin Chg May/June 1998
Finance Charges on Overdue Balance(1-1/545
per mo) 1,380.00
41.71 1,380.00
41,71
1/4 sq
Fin Chg July/August 1998
Finance Charges on Overdue Balance(jul) 645.00
9.67 645.00
9.67
TOta? $2.076.38
EKHJBIT A
VERIFICATION
I, jr?41,1 alAl 0/iY pia5l p,5NT of
CITYBEAT am authorized to make this verification on its behalf, and verify that the
averments set forth in the foregoing Complaint are true and correct to the best of my
knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to
authorities.
DATE: y !?
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POWELL, ROGERS & SPEAKS
LEGAL DEPARTMENT
PO BOX' (1107
11AI4RISBl;BG.lq IJSS+LV/JaA 171664107
i7S'r a;:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CITYBEAT, INC.,
Plaintiff,
VS.
RONALD V. MCGUCKIN AND
MICHAEL J. GORMAN D/B/A
THE MOUNTAINSIDE HOTEL,
Defendants,
* CIVIL ACTION-LAW
* NO. 99-3073
*
* TYPE OF PLEADING:
* AMENDED COMPLAINT
* FILED ON BEHALF OF:
* CITYBEAT, INC.
* Plaintiff
* COUNSEL OF RECORD
* J. CHAD MOORE
* IDENTIFICATION # 76660
* P.O. BOX 61107
* HARRISBURG, PA 17106
A
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
* CIVIL ACTION-LAW
CITYBEAT, INC.,
Plaintiff
*
* No.
*
Vs.
*
RONALD V. MCGUCKIN AND
MICHAEL J. GORMAN D/B/A
THE MOUNTAINSIDE HOTEL,
Defendants
NOTICE TO DEFEND
4
t
S
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 YOU. YOU ARE WARNED
THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A
IN ER
JUDGMENT AGAINST
THE COMPLAINT OR FOR ANY OTHER
NOTICE FOR ANY MONEY .
OR REQUESTED THE MAY LOSE MONEY
CLAIM OR
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU GO TO OFFICE SETE LAWYER
HELP.
FIND OUT WHEREEYOU CAN GETTELEPHONE THE
BELOW RTOCANNOT
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, N NSY ANI 1013
-11
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CITYBEAT, INC.,
Plaintiff
*
VS.
RONALD V. MCGUCKIN AND
MICHAEL J. ' GORMAN D/B/A
THE MOUNTAINSIDE HOTEL,
Defendants
CIVIL ACTION-LAW
No.
NOTICIA
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo a1 partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita o en persona o por abogado y archivar en la corte en
forma escrita sus de£ensas o sus objeciones a las demandas en
contra de su persona. Sea avisado que si usted no se difiende,
la corte tomara medidas y puede entrar una orden contra usted sin
previo aviso o notificacion y por cualquier queja o alivio que es
pedido en la peticion de demanda. Usted puede perder dinero 0
sus propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICIANA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
A
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CITYBEAT, INC.,
Plaintiff,
VS.
RONALD V. MCGUCKIN AND
MICHAEL J. GORMAN DB/A
THE MOUNTAINSIDE HOTEL,
Defendants,
a CIVIL ACTION-LAW
a
• NO. 99-3073
a
a
a
a
a
a
AMENDED COMPLAINT
AND NOW COMES Plaintiff, Citybeat, Inc., by and through its attorney, J. Chad Moore,
Esquire, and files this Complaint and specifically avers the following in support thereof:
1. Plaintiff, Citybeat, Inc., is a corporation organized and existing by virtue of the laws of
the Commonwealth of Pennsylvania with a principle place of business located at P.O. Box 1079,
Camp Hill, Cumberland County, Pennsylvania.
2. Defendants, Ronald V. McGuckin and Michael J. Gorman d/b/a The Mountainside
Hotel, are Pennsylvania residents with a principle place of business located at 4728 River Road,
Point Pleasant, Bucks County, Pennsylvania.
3. This Court has jurisdiction over this matter pursuant to 42 Pa. C.S.A. Section
5301(a)(2) and 42 Pa. C.S. Section 5517(b).
4. Citybeat, Inc. provided advertisement space to Defendants in the May-June 1998 and
July-August 1998 issues of its publication.
5. The principle amount due for these advertisements is $2,025.00. A true and correct
copy of the invoice is attached hereto and incorporated herein by reference as Exhibit "A".
6. Defendants received services from Plaintiff and were billed by the Plaintiff for the
amount of $2,025.00 which is due and owing for such services in accordance with acceptable
billing practices.
7. Although demand has been made by Plaintiff, Defendants have failed and/or refused to
pay the past due principle balance owing to Plaintiff in the amount of $2,025.00.
8. Plaintiff, Citybeat, Inc. has determined that the total amount due and owing by the
Defendants, including costs of this suit which are to be determined, are as follows:
Principle Amount $2,025.00
Attorney's Fees(15%) 357.00
Total $2,382.00
9. Defendants' failure and/or refusal to pay said balance for services rendered constitutes
breach of contract for such services and results in unjust enrichment to Defendants and injury to
Plaintiff.
WHEREFORE, Citybeat, Inc., demands judgment in its favor for the past due amount of
Two Thousand Three Hundred Eighty-Two and 00/100ths Dollars ($2,382.00) including all
applicable attorney's fees and all costs related to this action.
DATE: p _
Respectflilly submitted,
)/Chad Moore, Esquite
Attorney for Plaintiff
Legal Department of
Powell, Rogers & Speaks
P.O. Box 61107
Harrisburg, PA 17106-1107
(717) 896-2850
Identification 11: 76660
w
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CITYBEAT, INC.,
Plaintiff, * CIVIL ACTION-LAW
*
VS. * No. 99-3073
*
RONALD V. MCGUCKIN and
MICHEL J. GORMAN d/b/a
THE MOUNTAINSIDE HOTEL,
Defendant,
CERTIFICATE OF SERVICE
I, J. Chad Moore, Esquire, certify that on this date set
forth below, a copy of Plaintiff's Amended Complaint was served
upon the following by first-class mail, postage prepaid:
Staci F. Rosenbloom, Esquire
P.O. Box 57
Lumberville, PA 18933
This certificate is made subject to
C.S.A. Section 4904 relating to unsworn
authorities.
DATE: 9
the penalties of 18 Pa.
falsification to
Chad Moore
Attorney for Plaintiff
CAM FA 001- 679"
BILL TO
Mguntainside Hotel and Cate
Rlvee Road
Point Pleasant, PA
DATE INVOICE NO.
08/05/98 1998364
TERMS REP PROJECT
i
Due on receipt EF
SIZE DESCRIPTION RATE FREQ AMOUNT
Full Pg May/June 1998 1,380.00 1,380.00
Fin Chg Finance Charges on Overdue Balance(1-1/5% 41.71 41.71
per me)
1/4 sq July/August 1998 645.00 645.00
Fin Chg Finance Charges on Overdue Balance(jul) 9.67 9.67
Total , $2.076.38
EXMIT m
VERIFICATION
I, ?USSl? f?/i?S'?E/? Be UI D5NT of
CITYBEAT am authorized to make this verification on its behalf, and verify that the
averments set forth in the foregoing Complaint are true and correct to the best of my
knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to
authorities.
DATE: 7
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POWELL, ROGERS & SPEAKS
LEGAL DEPARTMENT
Pq BnrFn07
• HARRISBURG, PENyNSYLVLV-A--NIA 1710&1107
(7Y !%W2850
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
INC., CIVIL ACTION-LAW
Plaintiff No. 99-3073
vs.
ALD V. MCGUCKIN and
1AEL J. GORMAN d/b/a
MOUNTAINSIDE HOTEL,
Defendants
DEFENDANT'S ANSWER TO PLAINTIFF'S AMENDED COMPLAINT
Defendants, by their undersigned attorney, hereby answer plaintiffs complaint as follows:
1. Admitted.
2. Admitted.
3. Denied. The allegations contained in paragraph 3 are conclusions of law to which no
ive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are
-e denied.
4. Admitted.
5. Denied. Defendant is without sufficient information to form a belief as to the truth of
averment and therefore denies same and demands strict proof of same at a trial of this action.
way of further response, Defendant never received the invoice attached as Exhibit "A", nor did
:ndant agree to pay for the items listed on the invoice attached as Exhibit "A".
6. Denied. Defendant is without sufficient information to form a belief as to the truth of
averment and therefore denies same and demands strict proof of same at a trial of this action.
way of further response, Defendant never received the invoice attached as Exhibit "A", nor did
.ndant agree to pay for the items listed on the invoice attached as Exhibit "A".
7. Admitted in part, denied in part. It is admitted only that defendant has a past due
ance owing to plaintiff By way of further response, defendant had no contractual obligations
pay plaintiff said amount. Furthermore, defendant never received a bill for services in the
ted amount from plaintiff.
8. Denied. Defendant is without sufficient information to form a belief as to the truth of
averment and therefore denies same and demands strict proof of same at a trial of this action.
By way of further response, defendant never received a bill for services in the amount allegedly
owed by plaintiff. Furthermore, defendant never agreed to be responsible for attorney's fees.
9. Denied. The allegations contained in paragraph 9 are conclusions of law to which no
responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are
therefore denied. By way of further response, there was no contract between the parties, and
therefore, no breach occurred.
WHEREFORE, defendant demands judgment in his favor and against plaintiff, together
reasonable costs.
Respectfully submitted,
I
Staci F. Rosenbloom
Attorney for Defendants
P.O. Box 57
Lumberville, PA 18933
(215)297-5005
I.D. No. 80956
1 011105/98 1 1998364 1
BILL TO
Mquntalnside Hotel and Cafe
River Road
Point Pleasant, PA
TERMS REP PROJECT
Uue on recelpt EF
SIZE DESCRIPTION RATE FREQ AMOUNT
Full Pg May/June 1998 :,380,00 1,380.00
Fin Chg Finance Charges on Overdue Balance(1-1/545 41.71 41.71
per mo)
1/4 sq July/August 1998 645.00 645.00
Fin Chg Finance Charges on Overdue Balance(Jul) 9.67 9.67
I
Total $2
076318
.
EMIIBIT A
VERIFICATION
MICHAEL J. GORMAN and RONALD V. MCGUCKIN, defendants, verify that
the facts contained herein are true and correct to the best of their knowledge, information
and belief. They understand that false statements contained herein are made subject to the
penalties of 18 Pa. C.S. Section 4904
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CITYBEAT, INC., CIVIL ACTION-LAW
Plaintiff No. 99-3073
VS.
RONALD V. MCGUCKIN and
MICHAEL J. GORMAN d/b/a
THE MOUNTAINSIDE HOTEL,
Defendants
ORDER TO SETTLE:, DISCONTINUE AND END
To the Prothonotary:
Kindly mark this action settled, discontinued and ended upon payment of your costs only.
Date: `? JCJ (Z"r h?_
J. CHA OGRE, ESQUIRE
Counsel for Plaintiff
Attomey lD # '1L1GG D
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