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HomeMy WebLinkAbout99-03087 JENNIFER TUCKER, a minor, by JOAN TALLEY, her guardian, Plaintiffs V. NOREEN GARNEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3087 CIVIL TERM NOTICE TO PLEAD TO: Jennifer Tucker, a minor, by Joan Talley, her guardian 1193 Kingsley Road Camp Hill, PA 17011 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. Respectfully Submitted TURO-L-AW,DFFICES Date Ron uro, Esquire outh Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant JENNIFER TUCKER, a minor, by JOAN TALLEY, her guardian, Plaintiffs V. NOREEN GARNEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3087 CIVIL TERM PRELIMINARY OBJECTIONS TO COMPLAINT FAILURE TO INCLUDE THE PROPER NOTICE TO PLEAD 1. Plaintiffs complaint improperly listed the Prothonotary of Cumberland County and Cumberland Legal Services as the contact point for obtaining legal assistance. 2. Cumberland County Rules of Civil Procedure require otherwise. WHEREFORE, for all the above reasons, the Complaint should be stricken for failure to include a proper Notice to Plead. IMPROPER FORM OF SERVICE 3. Plaintiffs Complaint was sent to the Defendant, Noreen Gamey, but was not sent to her attorney and no Certificate of Service was attached to the pleading. 4. Pennsylvania Rules of Civil Procedure clearly require that any pleadings should be served on the attorney of record which, in this case, is Turo Law Offices. WHEREFORE, for all the above reasons, this Court is requested to strike Plaintiffs Complaint for failure to conform to the Pennsylvania Rules of Civil Procedure. NONJOINDER OF NECESSARY PARTY 5. The minor Plaintiff, Jennifer Tucker, did approach the Defendant's daughter, Catherine Hain, to purchase Catherine Hain's vehicle. 6. The events outlined in Plaintiffs Complaint all involve activities involving Catherine Hain and the Plaintiffs have failed to include Catherine Hain as an indispensable party. WHEREFORE, for all the above reasons, the Plaintiffs Complaint should be stricken for failure to join an indispensable party pursuant to Pennsylvania Rules of Civil Procedure. DEMURRER TO COUNT II 7. The Defendant has a legitimate defense to this claim which defense has been given to the Plaintiff both vex bally and in writing. 8. The Plaintiff, by refusing to accept the legitimate defense and moving this matter forward without any basis in law and amounts to bad faith. 9. Plaintiffs fail to cite any basis for their request for attorney's fees as outlined in either statute or case law and consequently their claim must now fail. WHEREFORE, for all the above reasons, the Defendant requests that this Court dismiss Count It. (? /J,?4J- Date Respectfully Submitted TURO LAW OFFICES Ron Turo, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Preliminary Objections to Complaint upon Joan Talley, by depositing same in the United States Mail, first class, postage pre-paid on the day of June, 1999, from Carlisle, Pennsylvania, addressed as follows: Joan Talley 1193 Kingsley Road Camp Hill, PA 17011 Pro Se TURO LAW OFFICES hicA Ron Turo, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant Y a ? '-' L . .YY \., C `? ?)?.i ` • %? 11 , „ . -?i... _. • ? '?i .1 (_ ? C. ? 1.?.. .?I1 1 i : cr• C> C? JENNIFER TUCKER, a Minor, by JOAN TALLEY, her Guardian, Plaintiffs VS. NOREEN GARNEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-3087 CIVIL ACTION - LAW PLAINTIFF'S BRIEF CONTRA-DEFENDANT'S PRELIMINARY OBJECTIONS Procedural History 1. Contrary to Defendant's assertions in her brief, Plaintiff, at all times, dealt with Defendant and has Defendant's written correspondence to verify the parties to the verbal contract. Improper Notice to Plead 2. This objection is deminimus at best. Defendant is and has been throughout this matter, as verified by Defendant's Brief (see Procedural History) represented by counsel. Non-Joinder of Necessary Part y 3. The basis for this objection is solely testimonial evidence to presumably be offered by Defendant and is, therefore, improperly raised as a Preliminary Objection. Demurrer 4. Plaintiff has the right to engage counsel of her choice at any time during these proceedings. If Plaintiff should so choose, she claims reasonable counsel fees on the basis set forth in her Complaint and specifically authorized by 42 Pa. C.S.A. Section 2503(7) and (9). Plaintiff hereby waives her right to be present for argument on the Defendant's Preliminary Objections and will rely upon this Brief for purposes of argument. Respectfully Submitted, Joan Talley, ardian-W aintiff Dated: March 1, 2000 cc: Court Administrator Ron Turo, Esquire JENNIFER TUCKER, a Minor, by JOAN TALLEY, her Guardian, Plaintiffs VS. NOREEN GARNEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-3087 CIVIL ACTION - LAW PLAINTIFF'S BRIEF CONTRA-DEFENDANT'S PRELIMINARY OBJECTIONS Procedural 1. Contrary to Defendant's assertions in her brief, Plaintiff, at all times, dealt with Defendant and has Defendant's written correspondence to verify the parties to the verbal contract. Improper Notice to Plead 2. This objection is deminimus at best. Defendant is and has been throughout this matter, as verified by Defendant's Brief (see Procedural History) represented by counsel. Non-Joinder of Necessary Party 3. The basis for this objection is solely testimonial evidence to presumably be offered by Defendant and is, therefore, improperly raised as a Preliminary Objection. Demurrer 4. Plaintiff has the right to engage counsel of her choice at any time during these proceedings. If Plaintiff should so choose, she claims reasonable counsel fees on the basis set forth in her Complaint and specifically authorized by 42 Pa. C.S.A. Section 2503(7) and (9). Plaintiff hereby waives her right to be present for argument on the Defendant's Preliminary Objections and will rely upon this Brief for purposes of argument. Respectfully Submitted, J 'Talley, Guardian-PI" tiff Dated: March 1, 2000 cc: Court Administrator Ron Turo, Esquire JENNIFER TUCKER, a Minor, by JOAN TALLEY, her Guardian, Plaintiffs vs. NOREEN GARNEY, Defendant TO: NOREEN GARNEY 8 North Market Street Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-3087 CIVIL ACTION - LAW NOTICE TO PLEAD 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, CONTACT: Prothonotary Telephone: Cumberland County Courthouse Area Code: 717 1 Courthouse Square 240-6495 Carlisle, PA 17055 IF YOU CANNOT AFFORD A LAWYER, CONTACT: Cumberland Legal Services Telephone: 8 Irvine Row Area Code: 717 Carlisle, PA 17013 243-9400 Joan Talley, G ardian-PI 'uifl JENNIFER TUCKER, a Minor, by IN THE COURT OF COMMON PLEAS JOAN TALLEY, her Guardian, CUMBERLAND COUNTY, PENNA. Plaintiffs vs. NO. 99-3087 NOREEN GARNEY, CIVIL ACTION - LAW Defendant COMPLAINT Count I 1. Plaintiff, Jennifer Tucker is a minor and resided at 1193 Kingsley Road, Camp FEA Cumberland County, Pennsylvania when this action was instituted before District Magistrate Charles Clement, Jr. 2. Plaintiff has and did select Joan Talley as her Guardian to represent her in this action. Joan Talley is an adult individual residing at the above-mentioned address, who was one of the Court appointed Guardians of said minor. Joan Talley has no interest in the subject matter of this action and is not related to any of the other parties. 3. Defendant is Noreen Garney, an adult residing at 8 North Market Street, Mechanicsburg, Cumberland County, Pennsylvania. 4. Defendant entered into a verbal agreement with the minor-Plaintiff for the sale of a motor vehicle to the minor in 1999. 5. Pursuant to said agreement the minor-Plaintiff paid Defendant installments toward the purchase price agreed to amounting to $220.00. b. Prior to taking possession of said motor vehicle, minor-Plaintiff notified Defendant she was a minor, unable to lawfully contract with Defendant and requested return of her installment payments. 7. Defendant returned one-half of said payments and failed and refused to provide the remaining monies due minor-Plaintiff. 8. There remains due and owing Plaintiff by Defendant the sum of $110.00 and interest and costs. WHEREFORE, Plaintiff demands judgment against Defendant in an amount within the limits of Arbitration. Count Il 9. The contents of Paragraphs I through 8 are incorporated herein. 10. Defendant has no valid or reasonable defense to this claim. 11. Defendant's attorney has been provided all information necessary to be cognizant that Plaintiff's claim is valid and no defense exists of any merit. 12. Defendant's contest of this claim before the Magistrate and her present appeal is without any basis in law and is being maintained solely for the purpose of being dilatory, obdurate and exhibiting vexatious conduct during the pendency of this matter. Said actions amounting to bad faith. 13. Reasonable and necessary counsel fees to respond to the aforesaid conduct amount to $1,500.00. WHEREFORE, Plaintiff demands judgment against Defendant in an amount within the limits of Arbitration. Joan Talley I verify that the statemnts made in this Complaint are true and correct and I understand that false statements herein made are subject to the penalties of 18 PA C.S. §4904, relating to unsworn falsification to authorities. Joan Tall y- DATED: ????? CASALE & DO 14NER P.C. - ATTORNEYS • COUNSELLORS AT LAW • 220 MARKET SYRECT. WILLIAMSPORT. IA. 17701 Il ri..: CL- I'D LJ ? _] U COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY JUDICIAL DISTRICT NOTICE OF APPEAL FROM NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas on appeal from the judgment rendered by the District Justice on the date and in the case mentioned below Noreen Garney Charles Clement, Jr. AWEESrOF APPELLANT cry STATE zP E 8 North Market Street Mechanicsburg PA 17055 DATE of J555;*?N W THE ASE fR-Wdel IDalw ml) 5/12/99 Jennifer Tucker VS. oreen Garney SIGNATURE OF APPELLANT NS TORNEY OR AGENT CV 19 99-184 LT 19 This block will be signed ONLY when this notation is requ 1008a This Notice of Appeal, when received by the District SUPERSEDEAS to the judgment for possession in this case Pa. R.C.P.J.P. No. DISTRICT JUSTICE JUDGMENT COMMON PLEAS No If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. Justice, will operate as a 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after Signature o! Rothonotary or Deputy filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant suds DEFENDANT (see Al. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Jennifer Tucker Enter rule upon , appellee(s), to file a complaint in this upped NaYq of agxlIeeysl (Common Pleas No _ /V L e M ) within twenty (20) days after service of r le s f ry o i ent of non prm s7mi" of agmsaat or his ertaney or agent RULE: To Jennifer A. Tucker appollee(s) Name of appe/iaofs) (1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule 9 service was by mail is the date of mailing Date: 19_2. \' A6WY3Y\nn C srv OU a? rr aam y a o rxrty AOPC 31244 COURT FILE TO BE FILED WITH PROTHONOTARY C1 Ur CJ s Cy ? , •-5 y ' uo sojldxe uolsslwwoo Ayy . lelm/lo to eUU epaw sum pAepllle woym aiolep /elolllo to e/nlauOIS 'luu!/le to emiuuals ?61. '-JO AV0 SIHI 3W 3uoj3e 0381HOSens ONV (03WHIjjV) NHOMS •olajay papeim idiaoea s,jepues glew (paialsi6ei) (pallilm) Aq 931AAS leuosied Aq ? -6y ' uo passaippe sem alnd a4l wo4MO1(s)aepeddee4luodnleaddV10031IONanogee436u1Auedwoooeluleldwooeel! jolaln8041PeAJes11e4 jetlimlpue •olaja4 pegoelie ldleoal s,iopues'llew (palalsl6ai) (pailiUao) Aq O aolAlas leuoslad Aq ?"--6 y ' ?uO' _ (eweu)'aapadde ayi uodn pue'olajay pe4oeile ldleoel s,jepues Blew (paaals16e1) (pellpiao) Aq O aolAJas Ieuosied Aq '-6l ' (eOlAJes )o elep) uo ulejayi Paleu6lsep aopsn( lollisl0 eyl uodn ' ON Weld uowwoo 'IeaddV 10 aoiloN 941 to Adoo e paAJas 11e41.wallle JO JeaMS AgeJay I :IIAVdIddV as : i0 AlNnoo VINVAIASNN3d 40 H1lV3MN0WW00 (saxoq elgeoydde Koego leadde to eopou eyl bully b'31dV SA NO (017 N31 NIHIIM 037& 3B ism ao.,A.les )o looid sllyl ) 1NIV1dW03 3114 Cpl a,1n i 0NV 1V3ddV dO 30IlON dO 331AH3S dO dOOHd COMMONWEALTH OF PENNSYLVANIA .,UUIV 1 T Ur; vim, raa, a+nAA,AA?u 09-1-01 DJ Namo' Hon. CHARLES A. CLEMENT, JR Add,eN: 1106 CARLISLE ROAD CAMP HILL, PA Toiopnono: (717 ) 761-4940 17011 ATTORNEY DEF PRIVATE : RON TURO, ESQ. 32 S. BEDFORD CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: 7X Judgment was entered for: NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME aM ADDRESS rTUCKER, JENNIFER A 1193 KINGLSEY ROAD CUSTODIAN/M&M S. TALLEY LMECHANICSBORG, PA 17055 J vs. DEFENDANT: NAME and ADDRESS I'GARNEY, NOREEN K 8 NORTH MARKET STREET LMECHANICSBURG, PA 17055 J Docket No.: CV 000184-99 Date Filed: 4/13/99 (Name) TITr•KFR TmNTFFR A ® Judgment was entered against: (Name) r:ARNFY,_NORF.F.N K in the amount of $ T Sa _ nn on: 7 Defendants are jointly and severally liable. D Damages will be assessed on: 7 This case dismissed without prejudice. I Amount of Judgment Subject to Attachment/Act 5 of 1996 $- F1 Levy is stayed for days or ? generally stayed. 0 Objection to levy has been filed and hearing will be held: (Date of Judgment) S112 /90 (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Date: Place: Time. ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY O?'JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON- LEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF,APPEAL. Kuy 12, 1999 Date `-,.Pistrict Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice My commission expires first Monday of January, 2002 SEAL AOPC 315.99 0r•,!.. 1 it PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA - { COUNTY OF a"' @fw•rrr^ ; ea AFFIDAVIT: I hereby swear or affirm that I served - a copy of the Notice of Ap a I, Common Pleas No. `y--?o upon the District Justice designated therein on (date of service) ? , 19.G.L, El by personal service f?-by certified egistered) mail, sender's) receipt attached hereto, and upon the appellee, (name) _ - ?{ ?2• ??? ?? " , on ?•? ?. 19E LE by personal service a {certifiel (registered) mail, sender's receipt attached hereto. k3" and further that I served the Rule to File a Com-plaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on <`" , 19? El by personal service aby certifieti)Yregisfered) J mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRI THIS .L DAY OF Slgneture of alliant I-qnsture of official beforeELL ` om affidavit vv made LI.11 /C.l/ (, /.l Tale of official My commission expires on ; 19-,----- NOTARIAL SEAL KRISTEN ANN CLIPPINGER, Notary Pabl c Carlide ebro, Cumbedand County, PA Cartrnisaion res Nov. 13 2000 m m n Q O o M F 0 N (1 Z 452 476 411 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. nn nnl ucn fnr Intnmatinnal Mail LSnn ravnrsnl Sent to Jennifer Tucker Street a Number 1193 Kingsley Road Post Mica, Stale, A ZIP Code Mechanicsur PA 17055 Postage $ .33 Certified Fee 1.35 Special oavory Pro RestnleA Delivery Fea Rclum fioc"Irt Snowing to Mwen & Dale Dcbverod 1 .10 Relmn I'A,10 Th ing le iYnxr,, Date, A AAAlessre i Adu11, TOTAL Posage A Firs IS 2.78 F POSImeM1 01 UTte May 25, 1 999 Z 452 476 410 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail )See reversol sffT Charles Clement, ix -fl "Earlisle Road PdampsMlYf,o°IPA 17011 Postage $ .33 Cane od reo 1 .35 Special Delivery Fee Reslnaed DO," Fee Return Receipt Showing to vdhom a Daln Dall HiraC 1 .10 Rr1'm WNrl S'xlwrq to w1.cin, Dav . A A"e ,> S Antes. TOTAL PoslageA (aes $ 2.78 Pu:Inmtk or Dale May 25, 1999 N O, m 0 Q O O O F 0 LL U) o- COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PIFAS CUMBERLAND COUNTY JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas on appeal from the judgment rendered by the District Justice on the date and in the case mentioned below Noreen Garney APPEIUNr arr 8 North Market Street Mechanicsburg T WTHE ASE F!)uadf) 5/12/99 Jennifer Tucker vs yore a SIGNATURE OF APPEIIANTrO CV 19 99-189 LT 19 „1„ uioca win oe stgnea ONLY when this notation is required under Pa. -R.C.P.J.P. No 1008& This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case - Charles clement, Jr. PA 17055 Garney if appellant was CLAIMAN7 (see Pa. R.C.P.JP. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after signature of Prothonotary or Deputy I filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE T'O FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. Rc..P.JP. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Jennifer Tucker 92- ^? Ns of appolk.Wsl appellee(s), to file a complaint in this appeal (Common Pleas No `KE / G a" - T rM ) within twenty (20) days after service of r e s f ry o J ment of non pros. Jennifer A. Tucker sf Oof apm °o us er aneyo agent RULE: To appellee(s). ,w:c f;;•:?C , - .. _._ _. Nave or appelbo sl ?ulb:a VTr.ia17 ,f1?iliglelnlJ'i 141A `v7?721RA, I r:,4 , igranJ DnEh:,•1 tu;; p61FIhF„ J (1) You are service of this rule upon that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20)- 9dc*& ai?ef?hn+ddl2"cfmrn %? SM you by personal service or by certified or registered mail -' (2) If you do rat file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Dula---CiLl Q 1,%4. 19-D spnazuo d lproroxf&y or oAoery Jorc 31244 COURT FILE JENNIFER TUCKER, Plaintiff v NOREEN GARNEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-3087 CIVIL TERM AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Notice of Appeal filed in the above captioned case upon Jennifer Tucker, by certified mail, return receipt requested, addressed to: Jennifer Tucker 1193 Kingsley Road Camp Hill, PA 17011 and did thereafter receive same as evidenced by the attached Post Office receipt card dated June 4, 1999. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. G 1795 Date TURO LAW OFFICES Ron Turo, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Appellant j Y SENDER: -compete Items 1 and/or 2 for additlomel seams, . I also wish to receive the a ¦COmplete Names, 4a, and Alb. - your memo and address on the reverse of this form so that we can Mum this d Print t following services (for an extra fee): ' i car o you. - M ac h this form to the hors of the moilplem or m the back if Spam does not i i , cY peertm p tt eWAte holum Raml t Ra4ueeted'on the m il t b l 1. ? Addressees Address f q P a p em e ow Me article met0ea -The Return Reciipt WIN Mow to whom the Wda was delivered and the date 2. ? Restricted Delivery detNered•' Consult postmaster for fee. 3. Article Addressed to: ?, .. 4a7rdde Number ! aad?? Jennifer Tucker Z 452 476 409 1193, Kingsley Road 4b. Service Type Camp Hill, PA 17011 ? Registered It?CeNflKl ? Express Mall ? Insured .g V98h m Receipt for Merdiandee ? COD S r 0 ] 7. Date of Dative /n " ill 2y ) co f- 5. ed : (Print an 1 U. ? We Address (OrdyltraijusSiSof pal) ' X - s P3 Form 3811, December 1994 DomeSt(D Retum Receipt > - ?l L" r n :nri U rn U , c;? i7] (L 4..r JENNIFER TUCKER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 99-3087 CIVIL TERM NOREEN GARNEY, Defendant AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Notice of Appeal filed in the above captioned case upon District Justice Charles A. Clement, Jr., by certified mail, return receipt requested, addressed to: Charles A. Clement, Jr. 1106 Carlisle Road The Professional Center Camp Hill, PA 17011 and did thereafter receive same as evidenced by the attached Post Office receipt card dated May 26, 1999. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. /'l F? Date LAW OFFICES Ron uro, Esquire 32 Sibuth Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Appellant C, SENDER: i w 'COmplete lama l WWI 2 for addldorW aavloaa. Compete name 3.4a, and Alb. aPdnt your name and address On the mvGrse of 0113 form 3o that we cen return We cerd to . Maack tyouhis loan to the frets of the mailpleca, or on the beds If epaw does not ppasmr). i m ewrdte Rehm Rece/pr Requsefed'on the maApieca below MO anW a nuW)u. aThe Retum Receipt we show to whom era article was dellvaW and the date delivered. j p 3. Article Addressed to: Yet DJ, Charles A. Clement, ;Jr. 1106 Carlisle Road I The Professional Center Camp Hill, PA 17011 h I I 5. sgelved . (Print Nww) $ 6. Sig ture: (Addressee or Agent) s X t Ps Form 3811, December 1994 Z 13 I also wish to receive the following services (for an I extra fee): 1. ? Addressee's Address j 2. ? Restricted Delivery , I Consult postmaster for fee. IL I miter I g 76 410 I rpe fie Tuned I I Express Mail ? Insured 5 I ?Return RecelptforMerdwndse ? COD Date o Delive pl Addressee's Address (Only Ifrequested and fee is paid) I i I Domestic Retum Reoelpt id= `-?'' -? `-? ='- ? r5 < cy ?! r ; w ?: -. [L L(: ? ^T- ?_ 1 S_ CC T_ 1.111) ,c ? ?:aa m ?j JENNIFER TUCKER, a Minor, by IN THE COURT OF COMMON PLEAS JOAN TALLEY, her Guardian, CUMBERLAND COUNTY, PENNA. Plaintiffs VS. NO. 99-3087 NOREEN GARNEY, CIVIL ACTION - LAW Defendant RESPONSE TO PRELIMINARY OBJECTIONS TO COMPLAINT 1. Upon information and belief, Plaintiffs Complaint provided a proper notice to plead. Further, any deficiency is harmless error, since Defendant has an attorney of record whose identity could not be determined through the documents supplied to Plaintiffs in the appeal documents. See attached Exhibit. 2. See Number 1, above. WHEREFORE, Plaintiff demands Defendant's Preliminary Objections be dismissed. 3. See Number 1, above. 4. See Number 1, above. 5. Specifically denied that Plaintiffs failed to join an indispensable party. 6. See Number 5, above. WHEREFORE, Plaintiff demands Defendant's Preliminary Objections be dismissed. 7. Specifically denied that Defendant has any legitimate defense or that any such defense has been provided to Plaintiffs. 8. Specifically denied that Plaintiff has acted in bad faitb. 9. Specifically denied that Plaintiff lacks a legal basis for a claim for attorney fees. WHEREFORE, Plaintiff demands Defendant's Preliminary Objections be dismissed. matter of this action and is not related to any of the other parties. Respectfully Submitted, Joan Talley, Guardian-Plain I .' ^x.11 \?/U\6? .Y' .?. •.?.._.. ?• . aaslRT QI Car71r1®N ?lU.e . FROM -ASD CmNTY JlfateML,t7teTRKT DISTRICT JUSTICE JUDGMENT cammm ruts t" "Ti - ,,/ )9r t (-% ' • NOTICE OF APPEAL Notice is girn that the appallant hm filed in ti,e aI,. Court of Censer Places on appeal from Ow jvdgmere nndemd by tlso ObMd Justice on the data and 1n " case mentioned balers Noreea Carney Charles Clemt ent, Jr. -Triatnv m :a aMe ---?zmr- 8 North Market Street Mechanicsburg PA 17055 r r 5112/99 JeAnIfer Tucker vs Noreen Carney CY I9 99-18 LT 19 I l''' v 1:1 . - - -- _.... .. ?, . mquaea w as ra nsx?r. Ma ff appellant was CLAIMANT (see Fa RC.PJ,P. No. 10086 TMs Notice of Appeal, when received by the District Awks, will operate m a 1001(6) In action before District JUst)ce, he MUST SUPERSEDEAS to the judgment for possmAom In Min one FILE A COMPLAINT within twenty (ze) days aver glfng his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE Rhis section of (arm to be used ONLy when appellant was DEFEMJA,NT (see Pa R.CAJ.P. No. 1001(7) in action before Mtnid Justice. tF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPEs To Prothonotory Jennifer Tucker Eater rule upon ' .. ('? Nerve of tgr?assala! , appelbe(s), to me d.eompkiM in 1Ms upped (Common Pleas Na `' ?- L'17 1 1r17-rm ) *Nn tw*,h, (20) clop after service of r e of s ffer_. ob' at of tan pros. Jennifer A. Tucker sWarve d egeaew f or htr aeonuy or agent RULEt To appaAaa{s} Nvr,e d gmNNe(al , .. (1) You am notified that. a rub b hereby entered ,:::: •, . ser He1d?1.t 'da afhat:dw dak.eE-?•.:::..:.:(?ra. vice. of this rub upon you by personal service or by certified or registered mml. in ft appeal,witMmf (2) IF you do not fib a e mpiaro within this Mme a JUDO, IM OF NON PROs WILL BE ENTERED.PCAlhw YOU. ' (3) The dare of service of this rub iF service wen by mail is the date of mmT% Datz 1 nC- t^' ?(5 , 117 ?:.. i?1e?.C?•?dliG 'y' (}?- • . s?wue d o ppp TOTAL P.02 1 I verify that the statements made in this Response to Preliminary Objections to Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties relating to unswom falsification to authorities. 4M C? l Joan Talley, 6uzirdiiu(J Plaintiff F.i JENNIFER TUCKER, a Minor, by JOAN TALLEY, her Guardian, Plaintiffs VS. NOREEN GARNEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 99-3087 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I did serve a true copy of the Response to Preliminary Objections to Complaint on Ron Turo, Esquire of 32 South Bedford Street, Carlisle, PA 17013 by placing the same in the United States Mail, postage prepaid and addressed as contained herein on this ,4 f"'L day of July, 1999. Respectfully Submitted, Joan Talley, ardian- Y ?. ?._, ?J ? ? . . 1. ' r???l -? :: ' 1 ? ? ?.? ?. PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) JENNIFER TUCKER, a Minor, by JOAN TALLEY, her Guardian, VS. NOREEN GARNEY (Plaintiff) (Defendant) No. 99 Civil 3087 19 99 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's denurrer to complaint, etc.): Defendant's Preliminary Objections to Complaint 2. Identify counsel who will argue case: (a) for plaintiff: Address: Noue, Joan Talley 1193 Kingsley Road Camp Hill, PA 17011 (b) for defendant: Ron Turo, Esquire Address: 32 South Bedford Street Carlisle, PA 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: March 1, 2000 Dated: January 6, 2000 AttaPr?ey for Joan Ta 16 ey, Plaintiff f C - U.? 5 N n Q 11. ?-'- L11? r ? ?? iJ #8 JENNIFER TUCKER, a minor : IN THE COURT OF COMMON PLEAS OF by JOAN TALLEY, her guardian CUMBERLAND COUNTY, PENNSYLVANIA V. NOREEN GARNEY NO. 99-3087 CIVIL TERM CIVIL ACTION-LAW IN RE• DEFENDANT' PRELIMINARY OBJECTION IN THE NATURE nF A DEMURRER BEFORE BAYLE.Y, GUIDO. JJ. ORD R OF COURT AND NOW, this 0 day of MARCH, 2000, Defendant's Preliminary Objection in the Nature of a Demurrer to Count II of the complaint is GRANTED. The remainder of Defendant's Preliminary Objections are DENIED. By the Edward E. Guido, J. Joan Talley Pro Se 1193 Kingsley Road Camp Hill, Pennsylvania 17011 Ron Turo, Esquire 32 South Bedford Street Carlisle, Pennsylvania 17013 For the Defendant 44,00 :sld C `.. b n T l 7 i U. ?y.? OS •c•: L1 t ?f]C1 U O V