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HomeMy WebLinkAbout99-06730s COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT i,. NOTICE OF APPEAL NCV 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, r Pad rn? r^ o?uhus?'l_ N sr? ?/?JanA /74'& VAR OF Ni NL?E (Ann l1 (covmayY? r / ?I - Z] - C1 (? ?/nQ.? fi??/,SS(ti. vs ?GSGG?. r`/I/for . ?IYA NO t SM.NAIME Of APPEELANI OR Ks AIIORNEY OR AGENT Cv19. rtinoo3S?- 9?7 ? // LT 19 ???GXWEIC ?Cl cc?l?7??sL3 J This bock will be signed ONLY when this notation is required under Pa R.CPJP. Na If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 10088 This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE ! (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.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 , appellee(s), to file a complaint in this appeal NrrhJ of appelMdsl , , (Common Pleas No ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. 9'ga(ure of appellant a hs attorney or agent '.RULE: To , appolee(z). Akr d gpelbLys) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of 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 if service was by mail is the date of mailing. 19_. AOPC 312-U NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Flo. :?J - G, -2 signature d ftma)DWY or Depu(y COURT FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER ruing Iha rtotico of appeal, Chock applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNT( OF =; ss AFFIDAVIT: I hereby swear or aflirm that I served ? a copy of the Notice, f Appeal, Common Pleas No. Ct? - ?1 3 O upon the District Justice designated therein on (date of service) - Ihc?N^^-?"t b-Lcl- (7-- . fir. by personal serviGa El by (certified) (registered) mall, Sender's receipt attached hereto, and upon the appellee, (narna; . 5? .;,L , on (S ew..±J'..?_ , 19 1`-* by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. ? and further that l served the Rule to File i Complaint accompanying the abovefvotice of Appeal upon the appellee(s) to whom the Rule was addressed on -1Vti1CR'1 b-'t1- -. 19 gq- *by personal service ? by (Certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIR-MEEE AND SU3SCRRIIR5DD BEFORE P?^/./FQ THIS - -?(-?=/- DAY OF 19-!J_ Sr9namn or ollaml t:cloro nnom ntlidamf wa; mano Tr1IO of drrpal My conmm'On cq;"; on "Mm 9oi L?vvvr. Lalsna+Oa+tT Sty Omvriorwr Et?frm i?r?f 11, tra Rrmr0XPWn* rm PM'o3BWa"CkRft ??Q C7 /? Siol aflienr l0 tD ,,-1 ? %I, I -n fit %0 ' 1 1-. L;. .7 t ? _ J7 .: ??af.,e--+zM?R]2'r?:?RYtr7. ??,. _rtr° _ _ r. w .IYIfMCt I _ MELISSA LAUGHMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD CASSELL, DEFENDANT 99-6730 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of December, 1999, upon consideration of the foregoing petition, IT IS ORDERED: (1) A Rule is issued against respondent, Richard Cassell, to show cause why the motion to strike praecipe or in the alternative reinstate the appeal should not be granted. (2) Respondent shall file an answer to the petition within fifteen (15) days of service. (3) The petition shall be decided under Pa. Rule of Civil Procedure 206.7. (4) Any depositions shall be completed within thirty-five (35) days of service. (5) Briefs shall be filed in chambers not later than March 7, 2000, and argument shall be held on March 22, 2000 at 8:45 a.m., in Courtroom No. II of the Cumberland County Courthouse. (6) Notice of the entry of this order shall be provided to all parties by petitioner. (7) All proceedings shall stay pending further order of court: By the Court,,,'' Edgar B. Bayley''j. 12??92 r ;is Elm Linus E. Fenicle, Esquire For Plaintiff Steven Howell, Esquire For Defendant :saa REAGER S ADLER, PC LINUS E. FENICLE, ESQUIRE Attorney I.D. No.20944 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1353 Attomcys for Plaintiff MELISSA LAUGHMAN, : IN THE COURT OF COMMON PLEAS : CUNIBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 99-6730 RICHARD CASSELL, : CIVIL ACTION - LAW Defendant NIOTION TO STRIKE PRAECIPE OR IN THE ALTERNATIVE REINSTATF THE APPEAL. AND NOW conics Plaintiff, through her attorneys, Reaper &@ Adler, P.C. and moves this Court as follows: On or about November 5, 1999, Plaintiff filed an appeal from a District Justice Judgement. 2. That Notice of Appeal was properly filed and served pursuant to the Pennsylvania Rules Civil of Procedure. 3. Plaintiff contacted counsel, Linus E. Fenicle, to prepare and file a Complaint. 4. Counsel for Plaintiff prepared a Complaint to be filed on November 26, 1999, which would have been when said Complaint was due to be Filed since November 25, 1999, was the Thanksgiving holiday. Counsel for Plainli ff then realized the Courthouse was closed on November 26, 1999, the clay aflcr Thanksgiving. 6. Accordingly, since the courthouse was closed, the Complaint would have been due Monday, November 29, 1999. BecaLISe the courthouse was closed, Counsel for Plaintiff mailed the Complaint. it was mailed by First Class mail from Camp Hill, on November 26, 1999. A copy of the cover letter forwarding the Complaint to the Prothonotary of Cumberland County and a copy of the cover letter to the Defendant is attached hereto and marked as Exhibit "A". S. For whatever reason, the Complaint was not docketed in the Prothonotary's office until Wednesday, December I, 1999. 9. Counsel for Plaintiff contacted the Prothonotary's office regarding this matter. 10. The Prothonotary's office indicated that they had been "swamped" in mail and paperwork on November 29, 1999 and it could have been in their office on Monday November 29, 1999, but not opened and clocked in Until December I, 1999. 11. A Praccipe to Strike Plaintiffs Appeal was filed by counsel for Defendant on or about December 16, 1999, pursuant to a copy attached hereto and marked as Exhibit "B". 12. RUIC 1006 under which the Praccipe was filed by counsel for Defendant indicates that the AAn it cal may be stricken from the record if a Complaint is not filed within twenty (20) days. When the Praccipe was filed by Defendant, the Complaint had already been docketed and filed by Plaintiff and accordingly. Rule 1006 is not applicable as a matter of law. 13. Rule 1006 does not provide for the striking of the nplain but only for the striking of an A_hpcal and such a praccipe can only be filed prior to a Complaint being filed. 14. Furthermore, the Complaint was forwarded to the Prothonotary for a timely filing and the reason the Complaint was not clocked in on November 29, 1999, was administrative in nature and not because it was not in the Prothonotary's office. 15. Furthermore, a copy of time Complaint was mailed to the Defendant on November 26, 1999, and upon information and belief was received by Defendant on or before November 29, 1999, or within the 20 day time period provided within the Rules. 16. If this Court would detemmine that Rule 1006 allows a striking of this Complaint, the Plaintiff has shown good cause for the reinstating of the Appeal. WHEREFORE, Plaintiff moves this Court to strike Defendant's Praccipe as a mater of law or in the alternative to reinstate Plaintiffs Appeal/Complaint for good cause shown. Respectfully Submitted, Date: December 23, 1999 By: 3 REALER & ADLER, P.C. 11Z E. FENICLE, ESQUIRE Attorney I.D. No. 20944 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. [717] 763-1353 Attorneys for Plaintiff Exhibit A REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2731 MARKET STREET CAMP HILL, PEN<NS)IV ANIA 17011.464: 717.763.1303 TELEFAr 717•:30.7366 WCOSITE: Re4ge,Adle,PCsom THEODORE A. ADLER•, DAVID W. REACER LINUS E. FENICLC• DEBRA DENISON CANTOR 'Also admitted to D.C. Ifat Also admawd to Ohio 0.1, November 26, 1999 Cumberland County Prothonotary 1 Courthouse Square Carlisle, PA 17013 Re: Melissa Laughman v. Richaed Cassel No. 99-6730 Dear Prothonotary: KENNETH W. LEE THOMAS O. WILLIAMS SUSAN 11. CONFAIR JULIE A. MCCONAHY Enclosed please find an original and three copies of the Complaint filed on behalf of Plaintiff. Please time stamp the documents and return the extra copy to me in the self addressed, stamped, envelope provided. Thank you for your assistance in this matter. LEF/lam Enclosures CC: Melissa Lauohman(w/encl.) Very tr yours, Linus E. Fenicie T,I,t 1d-,.--., .A p_, .- L......, r...,. '- I REALER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW :731 h1ARKET STREET CAMP HILL. PENNSYLVANIA 17011•+4•- 717.763.1383 TELEFAK 717.770-7766 WEBSITE: ReagerAdled'C.Com THEODORE A. ADLER'. DAVID W. READER LINOS E. FENICLE' DEBRA DENISON' CANTOR 'Also adminrd 10 D.C. Bar •Alno idniined to Ohio Bar November 26, 1999 Richard Cassel 27 East Main Street Mechanicsburg, PA 17055 RE: Loughman v. Cassel No. 99-6730 Dear Mr. Cassel: KENNETH W. LEE THOMAS O. WILLIAMS SUSAN H. CONFAIR JULIE A. MCCONAHY Enclosed for service upon you is a true and correct copy of a Complaint filed on behalf of Plaintiff. Very i your Linus E. Fenici LEF/lam Enclosure - t ..... a Coniiird a, n Civil Lial Srv•riali.l by rhr '1 alinnnl gnarrl n/ Tai+I .Vlvnron• .\ Pnnnrvl^,^ Exhibit B COP`kY MELISSA LAUGI INIAN, PLAINTIFF vs. RICI IARD CASSEL, DIiP1iNDANT IN THE COUR,r O!' COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO.99-6730 CIVIL ACTION - LAW P12ASCIPL'I'0 STIMCG PLAIN'riFFS APPEAL_..; hRONi DISTI2ICT,lUS'riCi; PURSUANT'ro PA. R.C.P.OJA006 '1'O T111? PROTHONOTARY: Upon praecipe ol-Delcnd.utt's counsel please murk the above captioned appeal froth- :'4i District Justice juClgmont in IilV01- of the Defendant Richard Cassel as stricken from the re6drd clue to Appellant's failure to file a complaint within twenty (20) days after filing her notice iof appeal. The docket reflects that the Notice of Appeal was filed November 5, 1999 at 4:05 PM while the Complaint was not filed until December I, 1999 at 3:=13 P1vl. The twenty, (20) day limit expired on November 26, 1999. Pa. R.C.P.D.J. 1004 A requires that a complaint be filed within twenty (20) days after f iling a notice of appeal and Pa. R.C.P.D.J. 1006 requires that the Prothonotary strike the appeal from the record if the Complaint is not filed within twenty (20) days. Further, it appears that the PlaintilTdid not properly serve the Notice of Appeal. Respectfully submitted, 13y: :Z - S even 1-1 we] ' quire 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney for Defendant Certificate orscrvice I hereby certi Iv that on the date set forth below it true and correct copy of the foregoing document was served upon all interested parties via postage prepaid, first class United States Mail addressed as follows: Linos 1. IYItiCll', GSCIuirC 233 1 Market Street Camp Hill, PA 1701 1-46.1' Date: December 16. 1999 131': ?/ - Syr ctG i 1-10wel , Isis luire CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individual via United States First Class mail, postage prepaid and addressed as follows: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 Dated: December 23, 1999 E. Fenicle, Esquire I-P DEC $ 31999V EBEL-E9L QW Z096-L LOLL Vd'111H dWVO 133H1S13HHVA LEEZ MVl 1V SA3NHOl1V ':)H '13310V 9 H30V3H i17ELISSA LAUGIIDIAN, : IN •1'111. COURT 01,,CoNl:\ION 1'1.IiAS : CUINIBLRLAND COUNTY, PENNSYLVANIA I'lainliff No. 99-6730 RICHARD CASSEL, Defendant CIVIL ACTION - LAW SQTLCL_T_Qlll' N _ You have been sued in court. If you wish to defend against the claims set ford, 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 atton,cy and tiling in writing will, 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 ajudgmenl 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 FIVE A LAWYER OR CANNOT AFFORD ONE, CO TO 012 TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN CET LEGAL IIELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 349-3166 1 MCIA Le hall demandado a listed en la Corte. Si listed quiere defenderse do estas demandas expucstas en las paginas siquicutes, Listed belle vienle (20) Bias de i lazo al partir do la Iccha do la u... nur... n.u?L demanda y la notilicacion. Usled debe presentar una aparienc'a cscrita o en persona o por abogado y archivar en la torte en forma cscrita sus dclcusas o sus obicciolies a las demandas en contra de Su persona. Sea avisado clue si listed no se dcliende, la torte tomara ntedidas y pucdc entrar una Orden contra Listed sin previo aviso o notilicacion y por cu alquicr qucja o alivio clue es pcdido en la petition de demanda. Usted pucdc percler dinero o sus propiedades o otros clerecitos importantes Para ustcd. LLEVE ESTA DEIIANDA A UN ABOCADO UNINIEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SURCIENTE DE PAGAR TAL SERVICION, VAYA IiN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 24)-3166 MELISSA LAUCIIDIAN, : IN THE COURT OP COMMON PLEAS : CUMBERLAND COUNTY, Pl,NNSYLVANIA Plaintiff RICHARD CASSEL, No. 99-6730 CIVILACTION-LANV Defendant COAILLAIN•I AND NOW COMBS, Plaintiff, through her attorneys, Reager and Adler, P.C., and makes her Complaint as follows: Plaintiff is Melissa Lau.-Inman, an adult individual, residing at 1 129 Lelunan Street, Lebanon, Pennsylvania 17046. 2. Defendant is Richard Cassel, an adult individual with mu address at 27 East Main Street, Mechanicsburg, Pennsylvania 17055. 3. On or about April 6,199S, Plaintiff delivered to Defendant for storage certain household belongings to include furniture and clothing. 4. Plaintiff paid Defendant the sum of 5150.00 for storage and the moving of the furniture. A copy of the receipt for the storage of the items is attached hereto and marked as Exhibit "A" 5. Around the end of May, 1995, Plaintiff went to Defendant's location where the items were stored to secure all items given to the Defendant for storage. 6. Defendant indicated to Plaintiff that some of her clothing was given to another individual. 6imF !L_...:..... _...,..,._... "?;.? soi??fatesessrf s 7. Plaintill'on that date and tine took everything that remained which had been given to Defendant for storage. S. Plaintiff inventoried all of the items that she was given by Defcndant and detemtined that certain items were missing and not returned to her that had been received by Defendant for storage. 9. The items that were not returned by Defendant are identified in the attached list marked as Exhibit "B", attached hereto and incorporated hcrcin. 10. The value of the items that were not given to Plaintiff is $3,765.00. MINT I - IN REPLEVIN 11. Plaintiff incorporates by reference paragraphs 1-10 herein. 12. Plaintiff is entitled to all of the items set forth in Exhibit "B"as they were delivered to Defendant for storage and are owned by Plaintiff. 11 Plaintiff requested the return of all items previously delivered to Defendant and the Defendant has refused to return the items to her. WHEREFORE, Plaintiff requests that Defcndant be ordered to return to Plaintiff all of the items listed in Exhibit "B" attached hereto or in the alternative for a money jutlgtncnt in the antount of S3,765.00 together with her costs herein. CQIINT 11 - IN C NVERSION 14. Plaintiff incorporates herein by reference paragraphs 1-13 herein. 15. Alternatively, Plaintiff secksjudgment entered against Defcndant for Defendant converting the items set forth in Exhibit "B", attached hereto, for his own use and own benefit. 16. The said items belong to Plaintiff and it was known to Defendant that the ownership of said items is in Plaintiff. WHEREFORE, Plaintiff demandsjudgment against Defendant in the amount of S3,765.00 together with costs. COUNT III - IN NEGLIGENCE 17. Plaintiff incorporates by reference paragraphs 1- 16 herein. 18. Defendant was negligent in failing to properly take cart of and secure Plaintiff's items that were turned over to him for storage. 19. As a result of Defendant's negligence, Plaintiff suffered a loss of the items and as reflected on Exhibit °B" attached hereto. WHEREFORE, Plaintiff dentandjudgentent against Defendant the amount of S3,765.00 represents the value of the items together with costs. 20. Plaintiff incorporates by reference paragraphs 1-19 herein. 21. Defendant breached a contract of storage in failing to turn over all items that he had received for storage pursuant to the contract as attached hereto as Exhibit "A". WHEREFORE, Plaintiffdcm::mljudSment against Dcfcnd:ull in aie amount ofS3,765.00 representing the talue of the items turned over for storage together will, costs. Respectfully submitted, REAGL'R ADLER, P.C. AIUSL. MCL L'SQUIRC Attorney I.D. No. 20944 2331 Markel Street Camp Hill, PA 17011-4642 (717)763-1353 Attorney for Plaintiff Exhibit A !? ICII %R D CAs s I. hop,:•(ly A4c;nayenu,nl felcintenance F; 5:•cuiily I lane} III(in Cf\9ces • rZopaiIs • Caen r'nn Ycud V oiL • Painting • f(asl( liuulinc, ern ?? • ... _.•n :, i?t r`n,.. ?J r, r 11 0 '/17.597ICII 111 -.= ?- Y9 n J c-,7 1V 7 1.'-4 c5-77 c; C, 1 Exhibit B dim?rcxnnr?n?o m?.t ?w•s?nta w?aw¦ u•aaa THU, NOV-25-99 1:29P4 COOPO 7408 1717533805E P.01 .._ ._. _ _ _ - -- - -- -- -- -------- - _ -1.1.0 ? ? - --•-•--- __ _------/._5n-dam L SD Cr -- ------------30 ??-- -. - -- ice.- 3_ ?ja-?Fs ----- - --- --- -- - --- - - -- -- -Qr-"15 -- LS' - :r_ass_ . rouse TOTAL P.01 ?N}ef!...... _ -,...-!'t_!S'cWn5t?6?R1.*MYBtS N 9 r^:?.^Y.,•...,...,,,......... 1'L•'11P1C:V1'l0Y 1, MELISSA I_AUGI MAN, licreby verity that the avcnnco is of the foregoing pleading arc IRIC and correct to my personal knowledge, information and belief. I understand that f:dsc statements herein arc made subject to the penalties of IS pa.C.S. §4904, relating to unsworn falsification to autliorilies. Dated: 11/26/99 CEIUM- CAIE OF SERYLCL 1 hereby certify that a true and correct copy orthe foregoing Complaint uas served upon the f'ollo%ving individual via United States mail, first class, postage pre-paid, on the 26°i day of November, 1999. Richard Cassel 27 Bast Main Street Mechanicsburg,PA 17055 V. 1'cnlcle YG Zh9V-LLOLl Vd'IIIH dWVO 133H1S13NUM LEEZ MVl 1V SA3NUO.LIV 'OW 'H3lOV 9 H30V3H t--? ij _ t11 L -. C 11-'j l 4 l• - L•.' . ? 11;1. CL COM %OF'W,`-AiTN 01 PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT upr>talec{s) NOTICE OF APPEAL F. Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in t case mentioned below. II p + ILgM_-Le h ' hnC( `T ?. r_ n.Ll l_J_i.') v Aooness C>F APPELLANT Osr ' sur[ xr cooE LATE CIF N N tt1E CASf OF f1114trrH1 .t/t-? I ,I,ruv,ly f d Ir r? r CV 19. LT 19 This Notice of Appeal, when received by the District Justice, will operate as a sign re of Rothanotary or Deputy NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No--G, This block will be signed ONLY when this notation is required under Pa R.CP.JP. No. If appellant was CLAIMANT (see Pa. H.C.P.J.P. NO 10086 1001(6) in action before District Justice, he MUST SUPERSEDERS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after tiling 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 was DEFENDANT (see Pa. 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 Enter rule upon (Common Pleas Nc appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of n,on pros &gna[wo or apperhnt or hs attorney or agent RULE: To . appellee(s). N.vrn. or atpelA?ds) (1) Ypu are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personol service or by certified or registered mail. (2) If you do not file a complaint within this lime, 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 Date:-. 19_. Sgnanre or ttormsom y or Deputy AOPC31141A COURT FILE TO BE FILED WITH, PROTHONOTARY .. oral tuepie 10 ainpljd"g _..__. _. ----_._ - SIHl ..? ... i5? :]'i=i!iiJ'd F; "? v?lc ? 311'ci!d-i V; !•1NOG1S W:, j (pJ1B1v C:a) (pap:t,an) Aq rl WGU+r•01 (S)aa;;addc ?Ul uodnl...?c.y )Ga it f.'".ctl: .?.:? ..cdii..i,I.rc.?.::;)?. dP; o.,gr??'41?d. 1.,, 7a.1 .,,, ii; pi:c ?_ 'olalay paOc1121d129a siapuc+; 'llew lPaia1s1 6ai) (, al It I I !4 I? r.i I.. I.: uO:a:d /,c u0._ i, vw, !n SJapuaS 'j ILL (p3!a1SIG'M (pollijinl Aa ?0'n IJ: ;[co5ie A? •: undo _.____._..._._-__^__ ;o o:;UO,-J as !o uo waiaut pa:eu51SaP oOitsrl• t;i4>,p oi. :11AVa1ddV S;! _.___.---- -_. ----- 10 A1Nn07 VINVAIASN13d d0 H1Iv3MNOe1W00 (iBXOq B(QC9Qrl[h' Y, JOq;J )eoJJC 10 •,.OgUU ,::,; :iuuq '01:N'31 I'.'iHl !.._ ';? I;_ >N iS"n4'i •: p'n ?7S 1J /GU/d !t.,41 1NIVIdWOO 31ld 01 3illd ONV IV3ddV JO 30110N :10 3DIA83S 30 EOOcld COMMONWEALTH OF PENNSYLVANIA UL)UP41 r ur: •? •? I ma, D.'1 ro 09-1-01 Di CHARLES A. CLEMENT, JR A0°'°* 1106 CARLISLE ROAD CAMP HILL, PA Tc:COhon. (7171 761-4940 17011 MELISSA LAUGHMAN 1129 LEHMAN ST. LEBANON, PA 17046 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAVE jn ADDRESS F 1 LAUGHMAN, MELISSA 1129 LEHMAN ST. LEBANON, PA 17046 L J VS. DEFENDANT NAIVEAla ADDRESS FCASSEL, RICHARD 1 27 EAST MAIN ST. MECHANICSBURG, PA 17055 L J DocketNo.: CV-0000352-99 Date Filed: 8/20/99 THIS IS TO NOTIFY YOU THAT: Judgment: FOR ppFENDANT Q Judgment was entered for: (Name) r•ARl4FT. RTC.RARn ?R Judgment was entered against: (Name) T.AUrBMAN, MELTS SA in the amount of $ ? Defendants are jointly and severally liable. El Damages will be assessed on: El This case dismissed without prejudice. Amount of Judgment Subject to AtlachmenVAct 5 of 1996 $_ on: (Date of Judgment) 1 n 127/99 ? Levy is stayed for days or Ll generally stayed. ? Objection to levy has been filed and hearing will be held: (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits $ Post Judgment Costs 9 Certified Judgment Total $ ZERO Dale: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT9-RANSCRIPT FORM WITU YOUR NOTICE OF APPEAL. 10/27/ 1999 Date ?y[??_ l?{?\ IAUcL L7 (District Justice I certify that this is a true and correct copy of the record of the proceedings cor (gifiing the judgment. Dale My commission expires first Monday of January, 2002 District Justice SEAL AOPC 31599 MELISSA LAUGIiMAN, PLAINTIFF vs. RICI LARD CASSIL. DEFENDANT' IN'I HE COURT OF COMMON PLEAS CUMBERLAND COUN'T'Y, PENNSYLVANIA NO. 99 - 6730 CIVIL AC"I'ION - LAW PRAECIPE TO STRIKE PLAINTIFF'S APPEAL FROM DISTRICT.IUSTICE PURSUANT TO PA. R.C.P.D.J. 1006 TO THE PROTHONOTARY: Upon praccipe of Defendant's counsel please mark the above captioned appeal front District ,lusticejudgment in favor of the Defendant Richard Cassel as stricken from the record due to Appellant's failure to file a complaint within twenty (20) days after filing her notice iof appeal. "rhe docket reflects that the Notice of Appeal was filed November 5, 1999 at 4:08 PM while the Complaint was not filed until December 1, 1999 at 3:43 PM. "The twenty (20) day limit expired on November 26, 1999. Pa. R.C.P.D.J. 1004 A requires that a complaint be filet) within twenty (20) days after filing a notice of appeal and Pa. R.C.P.D.J. 1006 requires that the Prothonotary strike the appeal from the record if the Complaint is not filed within twenty (20) days. Further, it appears that the Plaintiff did not properly serve the Notice of Appeal. Respectfully submitted, By: - S even I-lowel quire 19 Bridge Street /6 New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney for Defendant Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was serval upon all interested parties via postage prepaid, first class United States Mail addressed as follows: Linus E. Fenicle, Esquire 2331 Market Street Camp Hill, PA 17011-4642 BY Date: December 16. 1999 ;., MELISSA LAUGIIMAN. PLAINTIFF VS. RICHARD CASSEL. DEFENDAN'I' IN'fHE COI1R'f OP COMMON PLEAS CHMBFRI.AND COI IN'I'Y. PENNSYLVANIA NO. 99 - 6730 CIVIL AC'T'ION - LAW ANSWER TO PLAINT'IFF'S MO'T'ION TO STRIKE PLAINTIFF'S PRAIsCIPE OR INTHE ALTERNATIVE RCINSI'A'1'1s THE APPEAL NO'FICIs'1'O PIA"AD 'r0: Linus E. Fenicle, Esquire 2331 Market Street Camp I lill. PA 17011-4612 YOU ARE HEREBY NOTIPIED'I'O FILE A WRIT-FEN RESPONSE'lWHIts ENCLOSED NEW MATTER WITIIIN'I'WENI'Y (20) DAYS FROM SERVICE. 1111WOF OR A JUDGMENT MAY BE E'N'TERED AGAINST' YOU. ADMI'TI'ED that Plaintiff filed a Notice ol'Appeal at •1:08 111M on November 5, 1999 Ilom the dismissal ot'hcr case by the I lonorable Charles Clement on October 27. 1999. 2. DENIED. It is ADN11'1'T1?D that the Notice ol'Appeal was timely filed, however, Pa. R.C.P.D.J. 1005 A requires that the Plaintiff serve the Notice of Appeal upon the Defendant by certified or registered mail and file proof ol'service (U.S. Postal Service sender's receipt) within ten (10) days. It is DENIED that the I'lainlil'I liled ol'record a prool'ol'service containing the required sender's receipts. 'The Comment to Pa. R.C. P.D.J. 1005 states that '7he ,tYll[IBI'S'!'CCL'll)! lAllsl he gtl[lClf@[IIU lIIC pruu%u/'arr•rirr". ''he IhnlhonoUU}''s lilt does nol contain the sender's receipts. ?• DENIED AS STATED. Alier reasonable investigation Defendant is without knowledge to admit or deny when Plaintiff contacted Linus L. Penicle to prepare and file a Complaint. Strict prool'is therefore demanded of this allegation. 4. DENIED AS STATED. After reasonable investigation Defendant is without knowledge to admit or deny when Linus G. Penicle prepared the Complaint. Strict proof is therefore demanded of this allegation. It is ADMITTED that the Complaint was due to be filed on November 25, 1999 and that by operation of Pa. R.C.P. 106 the Complaint was due to be filed on November 26, 1999 since November 25. 1999 is a legal holiday for the Commonwealth of Pennsylvania. 5. DENIED AS STATED. After reasonable investigation Defendant is without knowledge to admit or deny when Linus E. Penicle realized the Complaint needed to be tiled or when the courthouse was closed. Strict prool'is therefore demanded ol'this allegation. 6. DENIED AS STATED. Pa. R.C.P. 106 recognizes only Saturday or Sunday or any day made a legal holiday by the laws of this Commonwealth to extend the time period for tiling. In any event the Complaint was not filed with the prothonotary until December 1, 1999 at 3:43 PM, which is twenty six (26) days after Plaintiff filed her Notice ol'Appeal. 7. ADMITTED that Plaintiff's counsel mailed to the Defendant the Complaint by letter postmarked on November 26, 1999• It is DENIED AS STATED that the Complaint was mailed to the Prothonotary on November 26. 1999 since the Defendant is without knowledge to I know when the Complaint was mailed or delivered to the Prothonotary other than the filing date of December 1, 1999 at 3:43 PM. 8. DENIED AS STATED. The Defendant is wilhoul knowledge to admit or deny if there is any legitimate reason why the Complaint was not delivered to the Prothonotary until December I, 1999, which is twenty six (26) days allcr the Notice ol'Appeal was filed. 9. DENIED AS STATED, The Defendant is wilhoul knowledge to admit or deny if Plaintiff's counsel contacted the Prothonotary regarding this nutter. It is ADMrrml) that there is no legitimate reason why the Compaainl was 1101 llcliVC'rCd to the P10111onolary until December I, 1999, which is twenty six (26) days al'lcr the Notice ol'Appeal was filed. 10. DENIED AS STATED. The Defendant is willlout knowledge to admit or deny if there is any legitimate reason why the Complaint was not delivered to the Prothonotary until December 1, 1999, which is twenty six (26) days alter ale Notice ol'Appeal was filed. Defendant is without knowledge to admit or deny il' Iltc P othonouu•y was "swamped" in mail. It is expressly DENIED that the Prothonotary does not rotuinely clock in the entire day's mail when it is received. H. ADMITTED. 12. DENIED. Pa.R,C.P.D..I,I000slates; "l/ponfailureofappellauttocomply ivith Rule 1004.4 or Role /005 B, the Prolhouolarl'.chall, upon praecipe of the appellee, mark the appeal stricken fran the record " Itule 1006 is mandatory not discretionary in nature and the record is clear that the Complaint was not tiled until twenty six (26) days after the filing of the Notice ol'Appeal. 13. DENIED. The Complaint is part of the appeal and if the appeal must be stricken then the Complaint is stricken as well. 3 14. DENIED AS STATED. If a response were required Defendant incorporates by reference his response set forth in 11[4 through 1110. It is expressly DENIED that the Complaint was in the Prothonotary's Office until December 1, 1999. 15. DENIED AS STATED. Defendant did not receive the Complaint until after the expiration of the twenty (20) days limit set forth in Rule 1004 A. 16. DENIED. Plaintiff does not have good cause to reinstate this Complaint or appeal f'or the reasons set forth below. NEW MATTER 17. Plaintiff Laughman does not have good cause to reinstate the Complaint since she filed this same lawsuit before the Honorable David 1-1. Judy, who summarily dismissed the Complaint following a hearing on November 17, 1998. A true and correct copy of the District Justice Transcript and Complaint are attached hereto as Exhibits "A-1" and "A-2". 18. In the Complaint before Judge Judy, Plaintiff Melissa Laughman stated under oath that a Barbara Beckey removed clothing and other items of personal property from a storage area under Defendant Richard Cassell's care, custody and control. 19. Plaintiff even subpoenaed Defendant Richard Cassell to testify on her behalf before Judge Judy. 20. Judge Judy ruled against the Plaintiff Melissa Laughman following a hearing at which she testified as well as the Defendant and a member of the West Shore Regional Police Department. 21. Undeterred, Plaintil'I'lhen filet) a Complaint belbre the I lonorible Charles Clement claiming that it was now the Defendant who removed her clothing and personal items front the storage area. A true and correct copy of the Complaint and District Justice Transcript are attached hereto as Exhibits "13-1" and 22. Judge Clement held a hearing and. once again, summarily dismissed Plaintiffs lawsuit. 23. Plaintiff has no good faith basis for filing the present Complaint against the Defendant. 24. Plaintiff slid not file of record any sender's receipts front the U.S. Postal Service as required by Pa. R.C.P.D.J. 1005. 25. Plaintiff did not file her Complaint With the Office of the Prothonotary within twenty (20) days of November 5, 1999. 26. Plaintiff was aware of the twenty (20) day limit when she filed a Notice of Appeal on November 5, 1999. 27. Plaintiff has provided no explanation as to why she delayed in filing the Complaint until December 1, 1999 at 3:43 PM which is well after the twenty (20) day limit. WHEREFORE, Defendant respectfully requests this Honorable Court to quash the Motion to Strike since the record is clear that the Complaint was not filed within twenty (20) days as required by Pa. R.C.P.D.J. 1004 A. Further, Defendant respectfully requests this Honorable Court to deny the Motion to Reinstate the Appeal since no good cause can be shown in reinstating a lawsuit in which the basic facts have been rejected by two separate District Justices following a hearing and testimony. By: Steven 1lo vo , Esquire ?619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney 1'or Defendant Certificate of Service 1 hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon all interested parties via postage prepaid, first class United States Mail addressed as follows: Linus E. Penicle, Esquire 2331 Market Street Camp Hill, PA 17011-4642 -? BY: Date: January 11. 2000 teve i HoWell, Esquire COMMONWEALTH OF PENN,. LVANIA 17057-0000 NOTICE I= JUDGMENT/TRANISCRIPT PLAINTIFF: CIVIL CASE ra"E am ADORESS rLAUGHMAN, MELISSA ANNE 18 N. 7TH STREET t LEBANON, PA 17046 L J . VS. DEFENDANT: N"E am ADDRESS rBECREY, BARBARA 1595 N. DEODATE ROAD ELIZABETHTOWN, PA 17022 (Date & Time) THIS IS TO NOTIFY YOU THAT: Judgment: ?X Judgment was entered for: L -t Docket No.: CV-0000305-98 Date Filed: 9116198 (Name) FtFr xPY, RARRARA 7x Judgment was entered against: (Name) T.Aur:HKAN, MF.r•TggA ANNE in the amount of $ ? Defendants are jointly and severally liable. ? Damages will be assessed on: ? This case dismissed without prejudice. on: (Date of Judgment) 11 X17/qR Amount of Judgment Subject to ? Attachment/Act 5 of 1996 $ Levy is stayed for days or ? generally stayed. Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ? Objection to levy has been filed and hearing will be held: Date: Place: Time: ,rv i r vr. Ma9 Day. r:o 12-2-03 OJ fLlmo. M°n. DAVID H. JDDY 50 CANAL STREET ROYALTON, PA r°:,,AOn< (717) 944-4463 DAVID H. JUDY 50 CANAL STREET ROYALTON, PA 17057-0000 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF ?IUDGN1ENV TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. t -1 Date District'.>'Jgce i J, I I certify that this is a true and correct copy of the'?reCcgdlof the proceedings containing-l1 e judgment; a, Date District Justice EXHIBIT ;SEAL My commission expire /a 2000 AOPC 31590 , . ,'r•; ?? " '?' If A )t l 1=' d;i )KIN lit. I? i.{? 717 :I45 l:,-.1 I)..I. .[I I)%' ?-OMhIONWEALiH OF PENNSYLVANIA COUNIYOF: DAUPHIN 11-2-03 ? DAV.11) H. JUDY - 50 CANAL STREET ROYALTON, PA I X717) 94q--1463 17057-0000 1 ___---DATE PAU -916-9 6 Y:41 5/48 TO THE DEFENDANT: UU2 CIVIL COMPLAINT 4-7 I '. 1.71, `1 rc VS. UockeWo- C';-;'!7-9$ `Ua:e File''--- The above named plaintiff (s) asks judgment against you for S _` J d C D together with costs upon the followinnclaim (Civil fines must include citation of the statute or ordinance violated)! -a. •..JV n{.,?, .ter.. rr-? 'STC,^:.:,? ".t?L•?? -j'I?:;.-?' ,O r_ICY1 Circe --c. 1???7rr50. 11 /ra71 i n ,?rr_rr. ?•??:\??1 -I-l.t„ ?- cr':?rle ru+'t!:( !c1;1- rte:' .1.;..?e ft.v,? C,?fh,? ? -;? ???r ?r..;a? 41. 1 J J -1'i-?= i? 4•F_ 15?rS ?????? iG L,rc?YU C:55 C.1.??1?.w-i' Ct?, ? ?.s J ? 1 C' .r??\; SCG`: Y•f`'C <?-1"\e L?u'?'.rnf c;-0A perS':.' -od ?P-f` s bHlc r-17E TYtt WctS-i-!?2t? WnE31 !v?... c1e'i k;. \?he.'L...1. vv?:.ri? •i•. U) r c La•'U?tG-;t rDc J , 4S r\f-ve r- 'Y1• :,,k1.y^•5:. ?i"y-i:?.InE'? k^.r CAs ¢!L L?ixs i't-:.;??t r.. . r I ?• ali i11; cr?Lj 1, v.A Dl t !,R'r t is it ?tr?: Y+-e C tsar^6 :t? ?r[f C i?1?• jfCl! -Ie.lli t :^^C JII ft?l? C??1h::4 In-IGS F)i-b P1 Si)e ?.Ild:-.`, L, {C?S• I 'CL I _ I J Y? I V J, Y IKa- °n5 Lu6CiL(' ?`t^C ??Y? _ iiL`?13 r?? `t' M ?1. G t tZi tscnel \ILti G ?... (=/1, Jr r^- LA U ?. X177 ??s? r ? .?CiiLli ,\C. -Man LN j,' 41"verify that thehacts set forth in this complaint are true andk,+Lj ? _ correct to the best of my knowledge, information. and belief. This statement is made subject to the penalties of a? n Section 4904 of the Crimes Code (18 PA. S.C.A 5 4904) related to unsworn falsification to authorities. P- In IS"y'?TL'fJ of Auinit a Amh,rrea A90m) rld:i:-'L IF YOU INTEND TO ENTER A DEFENSE TO TI ` COf:IPLAINI, NOTIFY "f HIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR i-. THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUOGIVIENTVVILLBE ENTERED AGAINSTYOi FYDEFAULT. If you have a claim against the plaintiff w?ich is within district justice jurisdiction and which you intend to assert at the hearing, you must t this otlice a: least five (5) days before the da1P. set for the healing If you EXHIBIJagisterial ainhil •rllicn is not within district justice jurisdiction, you mey request into dd3 the procedures you may follow. If you are disabled and require assist A District office at the address above. AAA .;G?C 30aA ,.r COMMONWEALTH OF PEND VANIA NOTICE %_-r JUDGMENT/TRANSCRIPT COUNTY OF: CUMBERLANLN' CIVIL CASE .'d: 51 PLAINTIFF '.AVE A^c-:pPESS G 'b 09-1-01 rLAUGHMAN, MELISSA =- 1129 LEHMAN ST. CHARLES A. CLEMENT, JE. LEBANON, PA 17046 i 1106 CARLISLE ROAD _ J CAMP HILL, PA VS. DEFENDANT. I'd Ap;;.-,ESS (717) 761-4940 17. 1 FCASSEL, RICHARD 27 EAST MAIN ST. MECHANICSBURG, PA 17055 J RICHARD CASSEL 27 EAST MAIN ST. ?DockelNo.: CV-0000352-99 MECHANICSBURG, PA 17055 t Date Filed: 8/20/99 k"ARIV! THIS IS TO NOTIFY YOU THAT: "- Judgment: FOR ;,rr?1y;? 4i j x] Judgment was entered for: (Nar rAas> T. _ RTri4ARn I x l Judgment was entered against: (Nan :) _LAUGHMAN., MELISSA in the amount of $ g_, on: (Date of Judgment) 10/27.49() C Defendants are jointly and severally ! 'e. (Date & Time) Damages will be assessed on: ? This case dismissed without prejudic C Amount of Judgment Subject to Attachment/Act 5 of 7390 S_ 117 Levy is stayed for days or C nerally stayed. Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits $ Post Judgment Costs S ------------ Certified Judgment Total S 11 Objection to levy has been filed and h tang will be held: Date: lace: Time: ANY PARTY HAS THE RIGHT TO APPEAL WIT OF APPEAL WITH THE PROTHONOTARY/CLF MUST INCLUDE A COPY OF TH15 NOTICE OF ..7i 19i" Date I certify that this is a true and correct copy Date EXHIBIT My commission expires -' Aoldc 315 99 J 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF THE COURT OF COMMON PLEAS, CIVIL DIVISION- YOU DGMENTITRANSCRIPT FORM WITH YOUR, NOTICE OF APPEAL. stTcLJustice ne record of the proceedings containing tjt? judgment. District Justice 2002 SEAL !j 4 1• ALTH OF PENNSY`• ILIA \) OF: CUMBERLAND I ?LL No.: ?. 09-1-01 r OJ rrnee: Non. CHARLES A. CLEMENT, JR. Add-.:1106 CARLISLE ROAD CAMP HILL, PA Telepho.: (717) 761-4940 FANG COSTS 1 _4550 SETmvo COSTS $ TOTAL t 73.50 17011 DATE PAID 8/20 /1999 d,)L COMPLAINT PLAINTIFF 4AME.rd1DOnEW r Melissa Laughman 1129 Lehman Street Lebanon, PA 17046 L vs. DEFENDANT: ,,,,,,K Acvm F Richard Cassel 27 East Main Street L Mechanicsburg, PA 17055 Docket No.: CV-352-99 Date Filed: 8/20/1999 a J 1 J TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for SZ, nnn . n n together with costs upon the following claim (Civil fines must Include citation of the statute or ordinance violated): On or about May, 1998, Melissa Laughman stored various items of personal property in a warehouse owned by Richard Cassel. Mr. Cassel removed various items, including clothing and antiques owned by Ms. Laughman, and sold or gave them to another individual for resale. Ms. Laughman did not give permission to Mr. Cassel to remove or sell her personal property and Mr. Cassel never reimbursed her for thoseitems removed. The warehouse is located on Hermann Avenue in Lemoyne. I, Melissa Laughman verify that the (acts set forth in this complaint are true arid correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of _ Section 4904 of the Crimes Code (18 PA. S.C.A. 5 4904) related to unsworn falsification to authorities. (Slgna ur of Plainull or Aul r ri o gone) Esq. Addrod3:1400 N 4P[•nnd St. Harrisburg, Jeann6 B. 1Jigbels, Attorney: t Telephone: (717) 221-0900 PA 17102 IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR ATTHE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT. It you have a claim against the plaihtiff which is within district justice jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before the dale set for the hearing. It you have a claim against the plaintiff which is not within district justice jurisdiction, you may request information fr ocedures you may follow. If you are disabled and require assistance, pl EXIiIBIT lal District office at the address above. 11 1 AOPC 30OA•94 1 9 - a VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, infiumalion and belief. I understand that false statements herein are made subject to the penalties of IS Pa. C.S.A. §4904, relating to unsworn falsification to authorities. This Verification is made via lax machine due to the emergency situation and an original shall-be- with-the court. BY: Richard- assell Dale: January 11, 2000 nr ! F_ C > cS L l ! :` - r.Ja L O ) U () i/ REAGER, ADLER & COGNET°E?, PC ?;y:1.?,'us I.'. PIsNICLL, ESQuui?: Attorney I.D. No.20944 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Auonicvs for Plaintiff MELISSA LAUGH NIAN, : IN "rI IE COURT OF CONI,NION PLEAS CUMBERLAND COUN"1'1', PENNSYLVANIA Plaintil7" V. : NO. 99-6730 RICHARD CASSELL, : CIVIL ACTION - LAW Defendant AND NOW comes Plaintiff/Petitioner, through her attorneys, Reager, Adler & Cognetti, PC and replies to Defendant/Respondents New Malter as follows: 17. Denied. "this is a legal conclusion to which no response is required. The Complaint that was filed before the 1-lonorable David 1-1. JudY was not against the Defendant, Richard Cassell that is 1110 s;ubjccl of this action. '!'hc claim against Barbara 13eekcy is irrelevant to file claim against Richard Cassell. IS. Admitted with the qualification that it is irrelevant to the present action against Richard Cassell. 19. Admitted with the qualification that it is irrelevant to the present action. 20. Admitted with the qualification that it is irrelevant to the present action. 21. Admitted in part and denied in part. It is admitted that Plaintiff tiled a Complaint before the Honorable Charles Clement. That Complaint speaks for itsclr. I 22. Denied. .fudge Clement did hotel it hcarin, and as it result entered a judgment lior the Defendant. 23. Dcnied. This is a Icgal conclUSion to Which no response is required. I`urthcrntorc, it is specifically alleged that Plaintiff has it Icg:al right to file the present Complaint in the Defendant. 24. Admitted. 25. Admitted in part :utd denied in part. It is admitted that Plaintiffs Complaint was not clocked within [verity (20) days of November j, 1999. It is denied that Plaintiff did not file her Complaint within twenty (20) days Since the complaint was mailed out of Plaintiffs counsel's office on November 26, 1999, for filing on November 29, 1999. Upon information and belief the Complaint was ill the Prothonotaiy's office on November 29, 1999, and simply was not clocked in. 26. Admitted. 27. Denied. Plaintiff's counsel has provided an cspl:uaation in his petition as to why the Complaint was not clocked in until December I. 1999. WHEREFORE, Plaintiff requests that Delcndant's New Matter be denied and the relief requested in Plaintiffs Motion be granted. Date: January 17. 2000 13y: LINUS E. FENICLE, ESQUIRE Attorney I.U. No. 20944 Rcagcr Adler fi Cognetti. P.C. 2111 Market Street Camp Mill, PA 17011-4642 Telephone No. [717] 763-1353 Attorneys for Plaintiff 2 0 ,'I"M FI(':\TION I. A'II:LISSA LAUGI I:\IAN. hereby verify that the aN crments oI' the lbregoinu pleading are true and correct to my personal knowledge. illtonuation and hclicC I understand that false statements herein are made subject to the pen:dties of 1 S Pa.C'.S. ;=1904. relating m uns??orn lalsilication to authorities. t1,YAJ t v? N- LISSA 1. AUGIINIA?r Date: -, -7 - v0 t CERTIFICATE, OF SERVICE; I hereby certily that on the (late set forth below a true and correct copy of the foregoing document was served on the following individual via United Stales First Class mail, postage prepaid and addressed as follows: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 Dated: ;7 E. Fenicle, Esquire c EM-Ek ILLU Z491,•LLOLL Vd'IIIH dWVO 133UIS 13NUVW LEEZ MVl 1V SA3NUOJ-LV '7'd 1113N007 9 83lOV'HOV3U n, O iU MELISSA LAUGHMAN, PLAINTIFF V. RICHARD CASSELL, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I' 99-6730 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of January, 2000, after review of the pleadings to date and on the motion of plaintiff to strike praecipe or in the alternative reinstate the appeal (defendant has filed new matter) IT IS ORDERED that any depositions to be taken on issues of disputed facts shall be completed within thirty (30) days. Any depositions taken shall be docketed. Plaintiffs counsel shall file a brief in chambers not later than Monday, February 28, 2000. Defendant shall file a response brief not later than Thursday, March 9, 2000. Plaintiffs motion will then be decided on the briefs without oral argument. By the Court, %j Edgar B. Bayley, J. Linus E. Fenicle, Esquire A- 1 - " - For Plaintiff /-/y-60 Steven Howell, Esquire RX3 For Defendant :saa ij, MELISSA LAUGHMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD CASSELL, DEFENDANT 99-6730 CIVIL TERM ORDER OF COURT AND NOW, this 10th day of February, 2000, upon agreement of counsel for both parties, the deposition and briefing schedule set forth in the order of January 13, 2000, is amended to provide that depositions shall be completed by March 13, 2000. Plaintiffs counsel shall file a brief in chambers not later than March 29, 2000. Defendant shall file a response brief not later than April 10, 2000:, By the Court, Edgar B. Bayley, J. Linus E. Fenicle, Esquire For Plaintiff Steven Howell, Esquire For Defendant JTyu 0?-/V-oo R 1 .3 :saa i J ~ 11 ?- COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MELISSA LAUGHMAN, PLAINTIFF VS NO. 99-6730 RICHARD CASSELL, DEFENDANT r? c2 - DEPOSITION OF: LISA A. MONTGOMERY 1 c" TAKEN BY: PLAINTIFF BEFORE: HELENA L. BOWES, RPR NOTARY PUBLIC DATE: MARCH 81 2000, 2:14 P.M. PLACE: REAGER, ADLER & COGNETTI 2331 MARKET STREET CAMP HILL, PENNSYLVANIA APPEARANCES: REAGER, ADLER & COGNETTI BY: LINUS E. FENICLE, ESQUIRE FOR - PLAINTIFF LAW OFFICE OF STEVEN HOWELL BY: STEVEN HOWELL, ESQUIRE FOR - DEFENDANT GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 I; i I f E c 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 L TABLE OF CONTENTS W I T N E S S FOR PLAINTIFF DIRECT CROSS Lisa A. Montgomery 3 8 E X H I B I T S PLAINTIFF'S EXHIBIT NO PRODUCED AND MARKED 1 - November 26, 1999 letter to 5 Prothonotary from Mr. Fenicle GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 I® 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STIPULATION It is hereby stipulated by and between counsel for the respective parties that reading, signing, sealing, certification and filing are waived; and that all objections except as to the form of the question are reserved to the time of trial. LISA A. MONTGOMERY, called as a witness, being sworn, testified as follows: DIRECT EXAMINATION BY MR. FENICLE: Q Would you state your name. A Lisa A. Montgomery. Q And what is your address? A My home address? Q Yes. A 5 Harrison Drive, East Berlin, Pennsylvania, 17416. Q Lisa, you are employed by Reager, Adler and Cognetti; correct? A Yes. Q And you are a secretary with Reager, Adler and, Cognetti? GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 4 ..,,j 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q You are, in fact, a secretary to myself; is that correct? A Yes. Q Now, I'm going to take you back to November 26th of 1999. Were you my secretary on that date? A Yes, I was. Q And you worked for Reager, Adler and Cognetti; correct? A Yes. Q Were you working on a complaint to be filed with the prothonotary's office in Cumberland County wherein our client was Melissa Laughman? A Yes, I was. Q And was that complaint ready to be filed on November 26th, 1999? A Yes, it was. Q Now, let's assume that November 25th, 1999 was Thanksgiving and the courthouse was closed on November 25th, 1999. On November 26th, 1999, were you working on that day? A Yes, I was. Q And the complaint was going to be hand carried by our deliveryman on that date, is that correct, to be GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 filed? A Yes, it was. Q Did we determine that the courthouse, Cumberland County Courthouse, was closed on November 26th, 1999? A Yes. Q We did; correct? A Yes. Q Therefore, was the complaint then mailed to the Cumberl and County prothonotary on November 26th? A Yes, I prepared an envelope and mailed it. (November 26, 1999 letter to Prothonotary from Mr. Fenicle marked as Plaintiff fIs Exhibit Number 1.) BY MR. FENICLE: Q Now, I'm showing you what I want marked as Plaintiff's Exhibit 1. Is that a letter that you typed? A Yes, I typed the paper. Q And it's directed to the Cumberland County prothonotary? A Yes. Q Now, that is a cover letter dated November 26th; correct? A Yes. Q And it speaks for itself, but was there an original and three copies of a complaint forwarded along GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with this letter to the Cumberland County prothonotary? A Yes. Q Was it sent regular mail on that day? A Yes. Q Did you put it in the mailbox on that date? A Yes, I did. Q And it was mailed from here in Camp Hill; is that correct? A Yes. Q Was there a self-addressed stamped envelope in that packet? A Yes. Q Was this envelope to the Cumberland County prothonotary properly stamped? A Yes, it was. Q So, it was put in the mail on November 26th to Carlisle. Did you put it in the mail on that date? A Yes, I did. Q Did there come a time on the following week that we had not yet received our copies back; is that correct? A Yes. Q And did I ask you to call the Cumberland County prothonotary? A Yes. GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 7 r? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Did you call the Cumberland County prothonotary? A Yes, I called the prothonotary's office. Q Do you know what date that was? A I believe it was Wednesday, I think that's the 1st of December Q Do you think it was December 1st? A Right. Q And did you speak to the prothonotary? A Yes. Q What was the purpose of that call? A I called the prothonotary and I wanted to know if they had received our complaint in the Laughman case and if it had been filed and why we hadn't received our copies back yet. Q What were you told? A She said that they were swamped, that there was a back load of mail, and she would look for it. So, she proceeded to look for it and she said she had it there, and then she put it in the mail and I got it later that week. Q In fact, the complaint was clocked in December lst of 1999; correct? A Yes. Q Was it sent back to us in the self-addressed stamped envelope that we provided? GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 8 GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 r•l E f c lc 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes, it was. Q I'm showing you a copy of the complaint, and that was the complaint that was clocked in? A Yes, it is. Q That same day, November 26th, did you send a copy of the complaint to Richard Cassell, the defendant? A Yes, I did. Q And that was mailed out on the same day of November 26th; right? A Yes. MR. FENICLE: I don't think that's in dispute, I think you've acknowledged it. MR. HOWELL: No, I think we actually have the envelope. BY MR. FENICLE: Q The letter we sent to the Cumberland prothonotary was in no way returned to us for insufficient postage or for no other reason; is that correct? A It wasn't, it was fine. MR. FENICLE: I don't have any other questions. CROSS-EXAMINATION BY MR. HOWELL: Q Miss Montgomery, do you know whether or not 9 r`1 -1..` 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Miss Laughman filed her notice of appeal from the district justice judgment on November 5th, 1999 at 4:08 p.m. out at Carlisle, do you know if she did that? A No, I don't. Q First of all, does the law firm here have a tickler file or a docket control entry system? A Yes, we do. Q In this case, did you enter a date by which the complaint had to be filed in Carlisle regarding Miss Laughman's complaint? A I would have to double-check. I was still fairly new with this firm but I think that I did put it in our system. Q Do you know what date the system would have shown that the complaint had to be filed? A No, not off the top of my head. Q Could you locate it and come back and tell us what date it is? A I might be able to. MR. FENICLE: I'll stipulate that it was November 26th, except that the courthouse was closed on November 26th, which meant it wouldn't be until the following Monday, which would be November 29th. Let's go off the record. (Discussion held off the record.) GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. HOWELL: Q My question, Miss Montgomery, is this: What date did your internal tickler file say that you had to file the complaint in the Cumberland County Courthouse? A We had to file it by November 26th- Q And then did you subsequently learn that you had another time within which to file this complaint? A I assumed it was the 29th, that Monday. Q Now, you didn't make any mistakes i n your mind when you entered into your tickler file these dates, the 26th and then the 29th; right? A No. Q Was there any confusion on your part or any confusion as far as you know among the staff here as to when this complaint had to be filed? A No, Attorney Fenicle and I handled the case, just the two of us, we knew it had to be filed the 26th. Q Because it was closed, you then assumed it was the 29th -- A Right. Q -- Monday, November 29th? Now, the re's no dispute that it wasn't filed on Monday, November 29th, in Carlisle; right? A uh-huh. Q And there's no dispute it wasn't f i l ed on GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 11 Tuesday, November 30th; right? MR. FENICLE: I would object on the basis it calls for -- E E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. HOWELL: We just did the standard stipulations which is all objections are reserved; right? MR. FENICLE: Okay, but my objection is it's a legal -- no, standard would be that you would make the objection on the record and then the judge -- MR. HOWELL: What I assumed we were doing was that all objections were preserved. I mean that's what I assumed that you wanted to do. I'm assuming that all the objections were preserved. If you're saying you want to have the objections on the record -- MR. FENICLE: I do just want to make objections on the record. MR. HOWELL: Then we have to go back and object to what the prothonotary said as hearsay. MR. FENICLE: Go ahead, just finish your question. BY MR. HOWELL: Q The question was: The complaint wasn't filed on Tuesday, November 30th, either; right? A Right. Q Now, the prothonotary's records show that the complaint was filed at 3:43 p.m. on December lst; correct? GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 12 ii i 1 A That's what she time stamped it as. 2 Q Did you have a messenger that was available to 3 take the complaint up either on November 29th or November 4 30th if you had wanted to file it that way? 5 A I would have to check his records and make 6 sure he was here. 7 Q Who would know whether he was or wasn't 8 available? 9 A Our bookkeeper, Linda Hammon. 10 Q But you don't know whether he was or wasn't? 11 A I would assume that he was here, he rarely 12 misses a day of work. 13 Q And the reason you didn't use the messenger on 14 Monday, November 29th or Tuesday, November 30th is? 15 A We put it in the mail and mailed standard two 16 days, so it should have been there Monday morning, and we 17 have no reason to believe it wasn't since she did find it in 18 her stack of mail. 19 Q Did you telephone the prothonotary on Monday, 20 November 29th, to verify if the complaint was received and 21 filed? 22 A No, I did not. 23 Q Did you telephone the prothonotary on Tuesday, 24 November 30th, to verify if the complaint was received and 25 filed? GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 13 . i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No, I did not, I assumed it was on its way back to us. Q The first time you called to find out from the prothonotary when it was filed would have been? A Wednesday, the 1st. Q Do you know what time? A No. Q Do you know if it was morning or afternoon? A I would assume it was morning. Q The complaint shows Miss Laughman signed the verification November 26th. Is that your recollection as to when she signed the complaint? A Yes. Q Do you know what time on the 26th she signed the complaint ? A No, I do not. Q Do you know if the appointment book would show whether she c ame in the morning or in the afternoon? A It probably would. Q Do you know where the appointment book is? A It would be Mr. Fenicle's. MR. HOWELL: Do you know whether it was morning or afternoon? MR. FENICLE: Off the record. (Discussion held off the record.) GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 BY MR. HOWELL: Q I'm just curious, the cover letter that goes to the prothonotary and the cover letter that goes to Mr. Cassell dated November 26th, they're in different font sizes and everything like that. Is that just because they're generated on different computer systems? A No, it's probably just because I didn't change it. We use -- I always use a standard address for the Cumberland County prothonotary and I probably just pulled that one up and used it. Q Do you know when Miss Laughman first came to the law firm to have this complaint drafted? Do you know when she first -- A We could look at the open date on the file. Q Is that over there? A Yes. MR. HOWELL: Do you mind if she takes a look and just tells us when she came in? A I opened the file on November 24th, 1999, and she probably came in the day before that. I would assume it would have been probably the day before, maybe the 23rd of November. BY MR. HOWELL: Q So, you think she came in November 23rd? A I would think so, at the latest. I can review GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 1?1 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the file, if you want to take a minute. Q Yes, if you need to do that. A Okay, let me see if I can find the exact date, because we have -- you know, until it sits on my desk and I get a chance to open the file it may be a day or two. MR. HOWELL: Off the record for a second. (Discussion held off the record.) A I -- just the way I opened the file on November 24th, 1999. BY MR. HOWELL: Q I just want to show you one thing here. On the complaint there was an Exhibit B that's a handwritten listing of property. Do you see that? A Yes. Q That is a fax generated on November 25th. Do you know if that came into your office here or was it something that she brought in later? Do you know how that exhibit came to be attached to the complaint? A I believe I saw this right after her appointment when Mr. Fenicle gave me the file to open, she came in with all her documents. Q So, she didn't fax this to you? A I'm not aware that she did or didn't. Again, I don't know. MR. HOWELL: Off the record here. GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 16 r'%- ) `f- J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Discussion held off the record.) MR. HOWELL: I don't have any further questions for you, Miss Montgomery. MR. FENICLE: I just want to put into evidence my Exhibit 1, which is the cover letter to the prothonotary. Other than that, I don't have any other questions. (The deposition was concluded at 2:33 p.m.) GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 W_ 17 pY) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STATE OF PENNSYLVANIA SS. COUNTY OF LANCASTER I, Helena L. Bowes, RPR, a Reporter Notary-Public, authorized to administer oaths within and for the Commonwealth of Pennsylvania and take depositions in the trial of causes, do hereby certify that the foregoing is the testimony of Lisa A. Montgomery. I further certify that before the taking of said deposition, the witness was duly sworn; that the questions and answers were taken down stenographically by the said reporter Helena L. Bowes, a Reporter Notary-Public, approved and agreed to, and afterwards reduced to typewriting under the direction of the said Reporter. I further certify that the proceedings and evidence contained fully and accurately in the notes by me on the within deposition, and that this copy is a correct transcript of the same. In testimony whereof, I have hereunto subscribed my hand this 13th day of March 2000. Helena L. Bowes, RPR My commission expires: March 6, 2004 GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 3331 MARKET STREET CAMI' HILL, PENNSYLVANIA 17011.464: :17.763.1383 TELEFAK 717.7307366 WEOSITE: ReagerAdletPCxom THEODORE A. ADLER'+ DAVID W. READER LINUS E. FENICLE' DEORA DENISON' CANTOR 'Alw admitted to D.C. Oat 'Also admitted Io Ohio Oar November 26,1999 Cumberland County Prothonotary 1 Courthouse Square Carlisle, PA 17013 Re: Melissa Laughman v. Richaed Cassel No. 99-6730 Dear Prothonotary: PLAINTIFF'S EXHIBIT ?3 W KENNETH W. LEE THOMAS O. WILLIAMS SUSAN H. COWAIR JULIE A. AKCONAHY Enclosed please find an original and three copies of the Complaint filed on behalf of Plaintiff. Please time stamp the documents and return the extra copy to me in the self addressed, stamped, envelope provided. Thank you for your assistance in this matter. Very tr yours, Linus E. Fenicle LEF/lam Enclosures CC: Melissa Laughman(w/encl.) ? Cenified ac a Civil Trial Snerialki by the Nalinnal Rnard of Trial Advnrarv A PPrm,vI1•+el+ r,,.,.• a?....,r.,.•, t., - LIN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MELISSA LAUGHMAN, PLAINTIFF VS RICHARD CASSELL, DEFENDANT NO. 99-6730 SCHEDULED DEPOSITION OF: MELISSA LAUGHMAN TAKEN BY: PLAINTIFF BEFORE: HELENA L. BOWES, RPR NOTARY PUBLIC DATE: MARCH 8, 2000, 3:33 P.M. PLACE: REAGER, ADLER & COGNETTI 2331 MARKET STREET CAMP HILL, PENNSYLVANIA APPEARANCES: REAGER, ADLER & COGNETTI BY: LINUS E. FENICLE, ESQUIRE FOR - PLAINTIFF LAW OFFICE OF STEVEN HOWELL BY: STEVEN HOWELL, ESQUIRE FOR - DEFENDANT GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 2 r.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 MR. PENICLE: I had scheduled the deposition of Melissa Laughman for three o'clock on March 8th, 2000. She did indicate she was having some transportation problems. It is 3:30, and she has not yet arrived at our office for the deposition, and we are going to convene this matter at this time. MR. HOWELL: Both counsel agree they're going to try to cooperate and meet the 13th of March deadline for depositions with Ms. Laughman and perhaps Mr. Cassell. (The proceedings were concluded at 3:31 p.m.) 3 r?'1 1 I hereby certify that the proceedings and 2 evidence are contained fully and accurately in the notes 3 taken by me on the within proceedings and that this copy is 4 a correct transcript of same. 5 i &' 6 - // Helena L. Bowes, RPR Notary Public M 11 li 13 14 15 16 17 18 19 20 21 22 23 24 25 GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 I -) MONTGOMERY, LISA 03/08/00 LAUGHMAN VS rnsaGi i 1 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 2 3 MELISSA LAUGHMAN, PLAINTIFF 4 VS 5 NO. 99-(6?73p_, RICHARD CASSELL, 6 DEFENDANT i ?. 8 9 vi 10 Z 11 DEPOSITION OF: LISA A. MONTGOMERY 12 TAKEN BY: PLAINTIFF 13 BEFORE: HELENA L. BOWES, RPR NOTARY PUBLIC 14 DATE: MARCH 8, 2000, 2:14 P.M. 15 PLACE: REAGER, ADLER & COGNETTI 16 2331 MARKET STREET CAMP HILL, PENNSYLVANIA 17 18 19 APPEARANCES: 20 REAGER, ADLER & COGNETTI 21 BY: LINUS E. FENICLE, ESQUIRE 22 FOR - PLAINTIFF 23 LAW OFFICE OF STEVEN HOWELL BY: STEVEN HOWELL, ESQUIRE 24 FOR - DEFENDANT 25 GEIGER & LORIA REPORTING SERVICE -1-800-222-4577 i 1 `...-,l MONTGOMERY, LISA 03/08/00 LAUGHMAN VS CASSELL 2 4 1 ']ABLE OF CON I EN IS I .\ \'es. ' 3 \1' 1'f \ li 1 ti FOR I'LAIN'I'IFI° DIRE(-1' CROSS ' Q 1'nu mc, m lacl. a sccrClary It nt)>cli: is 4 Lie,A Montgonim i ti 3 that ctnccf' 5 4 \ Yes. 6 5 Q Nn,, I'll, pins I(1 take \'1111 [lack it, NII\l•IIlI4r Ex II I III i's (' 26(11 UI I9')'). \\'t'It'yUll rll)' eCCfl'Iar}'11111I1aI lIJit'' r 7 A Yet.I oa, PRODUCED ' ' ' ' % Q And)uu wmkcd lilr Rcagcr. ,\dlcnnJ Cngncni; 8 1 LAIN 1 IFI• S ILCI1181'['NO. ANDMARICED 9 cunccl! 9 I- November 2(1. 1999 letter Ill 5 II) A Yes Prothonotary from Mr. Ferlicle . 10 I I Q Were ylul working on a mnlPlainno Ile Ii1cd 11 12 w ith the pnnhununry's oflice in CumM'rland Cuunty o Ilelcin 12 13 (IIIr Client Na\.\It•illa l.allgillua115 13 14 ,\ Yet, I was. 14 is Q And "a, Illat complaint read) to Ile filed on IS 16 \'oeemiter Null, 19991 16 17 17 A Yes, 11 out. is is Q %o'%.let'sassumc that Norelnlmr 25th. 19')'1 oats 19 19 I ll.mkegi,ulg and the courthouse wa. elu,,d ou Noeemlwr 25111. '0 20 19'19. 21 21 On Nmcruller 261h. 1999. were you working on 22 -- than davu 23 23 A \'es.I was. '4 -'4 V Anti the complaint seas going m Ile hand carried 25 25 by our dCliset'narl oil 111:11 laic, is 11,o carted, In be 3 5 1 STIPULATION I filed:' '- It is hereby stipulated b)' and benceerl counsel 2 A 1't•i, meas. 3 for the reductive parties that reading, signing. scaling. 3 Q Did %te delemline that the enunhouse. 4 certification and filling are %%ai%ed: and that all oljecIlons 4 Cundwrl:md Couniv Cuunhouse. was dosed on Nuecmiur 26th 5 caccpi as It the limn of the question are reserved ill lite 5 . 1999? 6 tittle oflrial. 6 A Yes. t 7 Q We did: correct? g LISA A.\ION"IGO\IISI(1'. called as a scitnesi. being 8 A 1'n. 9 swonl. lnlified as lidlows: 9 Q 'I"hereforc, "as the complaint own mailed m I III the Cunllnrland County prothonotary on Noeendler 26tli! I 1 I DIRECT I:SAMINA'HON I1 ,\ Ycs, I prepared ;sit envelope and malled 11. I' 13 BY \IR. ITNICLF:: 12 (Noveltilim 26, 1999 letter In Prothonotary front 13 Mr. Feldde narked as 1laintifPs E%hillll Number I.) 14 Q \Yould you state your lama 11 BY MR. FE,NICI.E: 15 A Lha A. Moulgnmerv' U Q Nmv, I'm showing you what I want marked as 16 Q And wlal is your address'! 16 I'laimill's Ezhihit 1. Is that a letter that you tvpnI? 17 A M) h9n1r addresYl 17 A Yet, I aped the paper. is 19 Q Yes A Is V And W, di ccled m the ('umlxrland County 511arrhon Drive, Ea,d Berlin, i'enns)h':mhl• 19 prmhunuan^ 20 17416. 20 ,\ Yet. 21 Q Lisa. )ou are employed 6y Reager. Adler and 21 Q Now'. that is, cover feller dated Nmculler 22 Cognetli; Correct:' 22 161h; artn•CI:' 23 ,\ Yet. 23 A Ye, 24 Q And ),),rare;, sec"I'm with Rcagcr• Adler and 24 Q And it sluaks for itself. but was Iherc an 25 (.'ogneill? 25 o riginal anti lhrce copics ol'a conipla111I furaarlicd along GEIGER & LORIA REPORTING SERVICE -1-800-222-4577 171 MONTGOMERY, LISA 03/08/00 LAUGHMAN VS CASSELL 6 8 I will, Iles letter 61 tie Cumbellaud ('(,Only pndhonldary'? I A 1'es, it was. d A 1'19. 1 Q Fill showing you a copy true Complaint, and Q Was It sent regular load oil, flat ,lays! d 111:11 was the complaint that was clocked in'? 4 A 1'es. 4 A Yes, it is. 5 Q D"1 you Pill it in IIIC IIW11I1"s till IIIIII(hale? $ Q 1llal saute flay. November 26th, dial ),oil send a 6 A Ves, I did. 6 cony oflhe colllpla 1111 to IjcIlatd Cassell be delie dall1T 7 Q And it was loaded it...U hele ill(alop 11,11; 6 7 , A 1'Ql, I did. S that correct'! N Q A11d that was mailed out oil the saille d'ay of 1) A 1'es. 9 No%'ember 26111; right? , Ih Q %%as there a,ell -addfe"ed slampcd cloclope in Ill A 119. II 12 that packe'f! A II ,MR.1:LNICLE: I(101A think fell'1 III&SP[Itc, Ves. 12 1 think ylltl yle acknowledged it. 13 Q 1Vas tlls c"% elope to the CHO11lt'flalld Colony' 13 MR. DOW ELL: No, I think we actually flaye the 14 prothonotay properly stamped' 14 em clolm IJ A 1'1.9, it was. IS Ill' \tt. PI NICLE: 16 Q So, II was hill in Ill.'tulle oil No..... ber 2611 IU 16 Q 'file letter, we sell) to [Ile Cumberland 17 C':IrI6Ia VIII \'UII pill it 111 IIIC IIIUII oil tIIaI dolt! 17 prothonotary was in no way returned to its lbr insufficient is A Yes, I did. IN poslage Iu for it() other reasow is t1m correct? 19 Q Did there collie a Imlc oil IIIC fullow'lllg week 19 A It wa'll'(, it was fine. 20 that we had not eel recei, ed our copies back: is that ' 20 MR. w3NICLE: I don't have ally I)titer 4uCSt1"115. 21 correct ' 71 22 A 1'es• 21- CROSS-EXAMINATION 27 Q And lid I ask YOU to Call IIIC CIIolluar1and 23 24 Counle pnuhunolary? 14 IW MR. I10WELL: 25 A 1'es• 25 Q Miss Montgomery, do you know whether or not 7 9 1 Q Did y"u c:di the C'unllxlland Counl• I \liss L:mglnn:w tiled her notice (,I :gllwal ,torn [he dlistricl punhunwap'! ' justice judgolnnt on NO% endwr 501. 1799 at 4:08 p.m. out at 1 A 1'19, l called the prothonotary'' office. d C:Irllafe. out y." know d'he dill llmC! 4 Q DO )al kll..% f ai datc 1llai oas, a A N", I don't. 5 A I bell"c It w:6 Wellue'da\', I Ihink Ihal's tile 5 Q 1'IIA o (all, does Idle law firm here have a 6 W of Drcenlber. 6 tickler f ilc or a docket control entry s)stcul? 7 Q Do you mink it was Dyecndmr I'l? 7 A 1'19, ue d". s A Right. ti Q In this case. did You enter a date by which 7 Q And did you SPCak to die prnlhollnlal7! 9 Idle complaint had it) be filed fit Carlisle regardin Miss Ill A 1'C5. R) g Laughlllall$ complaint? II Q What ois the p.r;x,,l' offlell call? II A I n o,lId Ilave to double-check. I wai still 12 A I called tile hrolhonolarl' Unit I oa1ued 111 k1111w 12 falrly new' ultl llds firm hill 1 think that I did put it In ly If they had recebed our c...npluint fit do, I.:mgliounl case ju l a our'C.NL'Ill. 14 fill flat] M'e'lt Rh'd and why ne luid 't A'rch'ed OUr c"ph,% 14 Q DII you know what dale tile system \1'llwld haYC I5 hack yl'L 15 'Ito" 11 that IIIC colopla lilt had to Ile tiled? 16 Q What wclc you wed! 16 A NO, out off lhc(op of illy head. 17 A S111•sa Id Ibut IIt cy'were%1% allllled, l flat l here 17 Q Could YOU locate l t and come hack and tell us 18 way a hack Inad of mail, and site unuld Iuak for it. Sit, she IS what file it It! 19 hrocce,im Ill hlnk to, II IIIIII 'b, :,fit b, had II there, and 19 A I night Ill':Illle' In. 20 Ihlll site put It In 111, u1:11I and I gut It later Ihal week, 20 nnl. IhNICI-11: I'll stipulate [hat it was 21 Q In fact. tile complaint N]S clucked in Decelldhr 21 Nlwember 26111, 991eept that the coufdlouse was Closed on 11 I'I .l 1991): curled.' 11 November 2hlh. which nleaul it wouldli 1 he until the =) .\ 1'v'. 23 Il1IIUlelllg \Iow1IJy, wI11eI1 w"IIId bC Nwe'CI11IIer 27111. Let's go 24 O Was it sent hack I. 16 IU tile 'C11 lddRS%d 14 lit dice record. 25 'Ia"lled en,clulh that we [,I,,, hied! 15 IDI'Cllssl"I1 held Off Iha ce(JOIJ .;m GEIGER & LORIA REPORTING SERVICE -1-800-222-4577 1! ' "'7 MONTGOMERY, LISA 03/08/00 LAUGHMAN VS CASSELL 10 I 111' AIR. IlO1l'I:LLc 12 Q DIy'tlllhll1111. Di lss%It..tg(II.let\' "IIII,: wi I ,\ '11141" Mull the little llianj ell It at. , l.I J tL11C JIJ \IIII( IIIIrp1AI 11[ItICr IIIC ]]y' that \1111 bad IU lif Q UIII ytlll hall' :1 nll'.6CObl(thal \\'ap a'addhIC III e '1 Ihl't'(llllhlalllt III SILL CIIIIIhUI:111J Cn1111Iy Coullhou'o J rake IIIC l'onlillalllt up out w. 1111 N....flub(2)111 artlo, mile( 5 It \\'e hall In We It Ip' Nmember 26111 4 111111 II y(N hall It...... I Ill IIIC a d,,, \10V . (al 6 Q And then did y(lu subsequently learn ,,at 5 A I wottld have In check lit, record, and make ) 7 lmdailmher0ulesl'idlin which to file Chiscnn,phlial' ' 6 tore he seas here. - ' . A Iaswnled ft I,a, the 291h. that DlunJ:ly ' V \\ 1,o would know whelhr(Ile uasongsn'I , Q Now',),lu{gd,llllakl.':.... llll)IAkt'S 111 \lNr llllli(I o g 8\"JIIJIIIf' \ - ItJ 1thC11 \llu t'lllr(ed plla \uW tickler l1lf 11LLSt' J.tlC a f Our hnnkkt'l'Iler. Linda Ila......011. ' . . 11 Nall and [Ile" the 21hh, right'! III Q thlt)oa 'loll, k..... 1t b"IItr 1,e%%a5lr%%walt.' 12 A No. I I A I oludd:mulne that Ile 1101 here, lit rarl'IY U Q Was there any cunlusinn no your part or an 12 irb,vt a da'v or 11 ark. y 14 Ctlnlosion as lAr as )ou knom, aIt ono the stall, here as It,, t 13 Q Anti the reason you dither use the masenge(nn ell 15 this colla11hl IIII had to he Il led? 14 ,Monday, Nnt'ember 29th it'ruesday, Nowallmr 3011, is'.' 16 A Not Allorney leenicle and I handled lic 15 A `A-v huh it III till "I'll 'I'd tallied 1lallllafll In, e cat., 17 Jnr, the loo of w, me knew' It Juld m 1,t• rile(] the 261h 16 Jays, so it should hare been there.Montlay morning, and we . Is Q Cccause it was closed. you then assumed it se 17 have no reason In believe it aHfl shoe she did and ]I 1,1 as 1 7 the 29111.. her Hark ,final]. 70 .\ Itiglu, 19 19 Q Uid you leleplonc the Prothonotary on Monday, 21 Q -- DI,Illda.. N'111Ylllhl'r 29111' Npw Ihl'rC 5 NI 20 Norenllnr 29th.10cenfy if-the c0n1liblat was lecened and l . ++ II l l' :?rigll'g511I IIIC(I On DI'III,1.11. NV1CI11hR 29111 nlcA' 1 r . In +_3 Carlisle: right? 2 A No, 1111( our. 24 ,\ 11h•hWl. ]f Q Ili(] you telephone the prothonotary on Tuesday, +5 Q And there's no dispute it scam', tiled on 24 Va,etalv'r 301h, W verify il'lhc complaint as rcceited and 25 filed:' 11 I Tuesday, November 301h: right:' +- %llt. FFN1C'LE: I ould ohj,tt on the basil is 1 A Nu. I JIJ not, 1 nsmnit + 3 calls fur •- back go us. 7 4 DIRHOWI LL: We pea did the,tanda(J 3 [LC first link yuu call find 4 hmlli,11llan, phl'n 11 wafiled ' 6 VII. PENICLE: Okaybut ny' oljeclhlll is la's a ,\ \\ ru . L, y, Iha Isl. 7 Icbvl no, standard would be that yuu could nmke the 6 V Ile you knot. %% 1, titt 7 S objection ml the recordand Chan thejudge.. A No. 9 DIR. HO14 HOWELL: What I .lssmllCJ NCtteR duing N'a1 y Q Iyo)'ml kmnl'il I vi rngor alicmem? 9 10 that all 01tiectl(lns -ere presl'r1,d. I mean That's N{Ial I e sas mo ,\ 1 wonld vmme It war morning. ' 11 asinttlCJ That ylN t1 JIlIttI lu dtl. Pal assurnin • that all IIIC b nc complaint shows Diiss Laughman signed the 10 ri 11 i+- ohjecliunsscare phesen'eJ ll ou're 'i ICJgn d c 1. Is tlml )'Ils?(Cl'nllCrll(111as:U . y sa n.ou wantto b. 13 love the ubjeclions on the rca1rJ -- %%he e ompl 1+ _ when she e signed the Cho complaint! 14 VIt.h1:NICLh: Ida pst leant bs make ulycnlons 13 d Yes. W V U IS an the record. O you kilo" 't1{fat linty an the 261h she signed I6 DI It. I RlWLI.I. IIIe,, %C llal eto go[",it",it b vc1 I5 IIIe c,Ittlld"atl' In J 17 to%,Ila,ill, finllhU....... . laidas he'als.. N ,\ No, I IIII 11,11. . , . Ig VII.F NIC'LE Ouahead.Jult Crash " 17 Q Du .nu kno,, IIIIII':IIlIN1111n11C111 book '()old sho" w 19 question. whether she wale it, the morning ()I In lire allemoon' 20 BY DIR. IION'EI.I.: 19 ,\ It probably would. '+-1 V 711e question 1.as: 'ille Complaint wadi t tiled 20 Q U">ou know' lchee Ilte appllinlntent book is! 12 On'ruasJay', Nal.... I , 3()11,, either; rialt7 I '\ h would he Mr. EcnEli s. _+3 A Itiglu. -2 D111. I101t'I:LL: Un you know snc?thcr it was morning rq V Now, [Ile prolhonolary's records show th t th 3 or afietoaa! a e 25 Complaint was Cried at 3:43 pan at December Ill: correct? 24 Mit. I'IINICLI)1 0171 -the record. +i i t IUiession belt all the rccnW.) GEIGER & LORIA REPORTING SERVICE -1-800-222-4577 4 \.r) LAUGHMAN VS CASSELL MONTGOMERY, LISA 03108/00 14 1 R1'.IR. I IOlfpl.I.: 1 - Q 1'11njusl Commit. lire enter letter0ut guts 2 3 m the prutlmnnlananti the cover letter that gm's to \Ir. 3 4 Cassell Ja1cJ Nu,cmIkT 26th. Ihey.re Iit dnii,cln flat \I,eS 4 3 and ceenihing like that. Is that just because Ihey'le 3 G generated na dll7erent Clnnpuler syslenil 0 7 A Nn, it', pndubly low hccllvt• I diAnY chanCc 7 it- We the -- I aI11a*%, low a \landard aide... far line 8 Cumberland Cnnnly pnnlunu lacy and 1 prnhably into pulled 9 III that note till until 1111.11 it. In I I Q l}I1 nu k1i111\''hell %I", I augI1luall flit cattle Ill 11 12 IIIC law final III hail' Ill's "'I11lilan1I dmrlldi D'. on knnK 12 13 l,hell site IIISt -- 13 14 A Ole Coll III IIInk at lht• alwa (lair nil till' file. 14 Is Q It that m cr thole! Is for .A I'm Ih 17 MR. I10WELI.: 1)go you mind ifshe takes a lo(tk 17 IS andjust tells us Nllell )he cattle in is 19 A I opened the rile ua Smember 24111, 1979, and 19 20 shl• prabably cattle ill tile (13}' hefure that. I would aUallnl• It 20 21 111n11d [late [reel, prubahlt the (Ia\' berare, aunfe• IIIC 23r1] 1)f i l 22 Son flatter. l) 23 BY MR. HOWELL: 13 24 Q SII, tell lbink site cattle n Nu,'earlier 23x1.' 24 25 A 11t111111I Illiak in. at till' lAt"t. I Call n'tim 25 15 1 IIIC File. If Cr1111tan[ to lake :1 suln rte. 1 2 Q Yes. Wools need W do thal. 1 3 A May. let ale see R I can find the fact date, 3 4 becmlle 1%e have-- you k...m. mail it sfts un got}' de,k and 1 4 3 gel a cli a ct, to open Ilse file it nlay bell day ur n1u. 3 b MR 110WELL. 01111re record fora second to 7 (Discussion held all the record.) I S A I -- Jnst the %'a), I npcaed ale Mean s 9 Ninember 241h. 1779. 9 10 111' \112. 11011'EI.I.: In I I Q Ijlist walla to ]IIUw au (tile Il ling blue. 01, 11 12 the ClllaI)I: ila thee was all HNIlihil II tha"s a hando% intent 12 13 Iislingol'prlgxny. Doyn;sectlen? 13 14 A Ye%. 14 13 Q "ILaI is a I'as gencralttl nn Norcmber 23N. Du is Ih }uu knme if Thal Came into }our ultice here or,as it IL 17 surnellang dial be brlingll1111 Idler.' I)n }1111 LotVN' Intl 1al 17 IS Nlihil rattle to be avached lit tile Complaint I is 19 A I helicte I vat thh right after her 19 20 appuinhnen (then 31r. Eenicle gate me the Inlet; gotten. slue 20 21 came lit %% th all her ducumeltc. 21 22 Q Sl,, site didn't laS this it) yuu? 11 23 A I'nn ut:it,are that %he (fill gor didn't. Again. 23 24 1 don't know. 14 23 \IIt.IIOR'bl.l.:Oftlhc rac(trd here. 23 16 (Oisclissim) bell (ilPlhe return.) \IR. 110\1'ELL: I Jul" t have any lit rther questimis lily your. Nbss mnaignnen. MR. ITN IC'I.E: I just want la put 111111 es'idelie illy Iinhibil I, which is the enter letter to the prulhnnulary. 01her than I1,31.1 dal"I pace any other q uesti;ns. (I lie deposition teas Concluded at 2:33 pail.) 17 SIAI60E1'I:NNSYLVANIA ss. COUNT 1' 01: LANCASTER I. Ilclcna I.. 13owes. RI'R, a Reporter Notan..l'uhlie. aullmrizcd to aJminillcr oaths ,vidlin and liar the C'unmlenlleallh of i'enn,%llxua and lake delmlannas in dm trial ufc:;net. d(t hereby certify that IIIC 1'urcgmng is file le9inunl}'uf Lisa A. \Inntgnmmry. I further eellity that beliac the taking of said delwsition. Ilse witness was duly scorn: licit the questions and ans vrs acre taken down stenographically by the saint rclwncr I lclena I.. I3ol%es. a Itepurter Notaq+l'uhlic, apprn,'ed and agreed to, and attere arils reduced to wisei%riting under [lie di reel ion of the said Reliance. I further certify that the proceedings and evidence Contained fully and accurately in the notes by nlc nn the within delwsninn. and that this Copy is a eulrecl mml,Cript of the same. In leAinanly whereol! 1 hale hereunto) subscribed my hand this 13th day,-l'Match 2000. I lclena L.[to„es. Itpit Sly C' n llussiun expires: March 0. 211(14 GEIGER & LORIA REPORTING SERVICE -1-800-222-4577 5 ,. It Page 1 r"1 MONTGOMERY, LISA 03/08/00 LAUGHMAN VS CASSELL abk 9:19 acetr;utcly 17:15 ackuon'ledged S:12 acurulh• 5:13 address 3:16,17 148 adder 1:15,20 3:21 3:24 4:S administer 17:4 afterfteru15:19 aom; 13:8,18 13:23 afler,cenls 17:12 Again 1523 agreed 17:12 ahead 1115 :dung 525 alpnys 14:8 among 10:14 :mother 10:7 answers 17:10 appca19:1 APPEAR:?NCES 1:19 a ppaimtntel 13:17 13:20 15:20 upproycJ 17:12 asswuc4:IS 12:11 13:9 14:20 assumed 10:8,18 11:9,11 13:1 assuming H: I I attached 15:13 Attorney 10:16 authorized 17:4 available 122,8 aware 15:23 13 B 2:6 15:12 back 4:5 620 7:15 7:18,24 9:17 11:16 13:2 basis 11:2 before 1:13 14:20 14:21 17:5 being 3:8 bche'e 7:i 13:17 15:19 Berlin 3:19 between 3:2 book 13:17,20 bookkeeper 12:9 bmwes 1:13 17:3,11 17:22 brought 15:17 call 6:23 7: I J I I called 3:8 7:3,12 13:3 ills 11:3 cattle 13:18 14:11 14:15,20,24 15: 16 15:15.21 ramp 1:16 6:7 Carlisle 6:17 9:3,9 10:23 carried 4:24 case 7:13 9:8 10:16 Cassell 1:5 8:6 14:4 cases 17:6 certification 3:4 certify 17:6,5,14 chance 158 change 14:7 check 12:5 client 4:13 clocked 721 8:3 closed 4:19 5:4 9:21 10: 18 coguelli 1:1520 3:22.25 4:S cattle 6:19 9:17 commission 17:23 COJINION I:I Commonwealth 17:5 complaint 4:11,15 4:24 5:9,25 7:13 7:21 82,3,6 9:9 9:10.15 10:4,7,15 11:21,25 12:3,20 12:24 13:10,12.15 14:12 15:12,18 computer 14:6 concluded 16:5 confusion 10:13,14 contained 17:15 CONTENTS 2:1 control 9:6 copies 5:25 6:20 7:14 copy 82,6 17:16 correct 3:22 4:3,9 4:25 5:7,22 6:8.21 7:22 8:18 11:25 17:16 counsel 3:2 cuunq I:I •l:I_' S:4 i:IO,IN 6:1,13,24 7:1 10:1.1:9 17:2 COURT I:I courthouse 4:19 5:3 5:4 9:21 10:4 coyer 521 142.3 16:5 CROSS 2:3 C ROSS-ENA \ 11... 8:22 Cumberland 1:1 4:12 5:4,10,1S 6:1 6:13,23 7:1 8:16 10:4 14:9 curious 14:2 date 1:14 4:6.25 6:5 6:17 7:4 914,IS 10:3 14:14 15:3 died 5:21 14:4 dates 10:10 day 4:22 6:3 8:5,8 12:12 1420,21 15:5 17:19 days 12:16 December 7:6,7,21 11:25 defendant 1:6,24 8:6 deliverynan 4:25 deposition 1:1 1 16:S 17:9,16 depositions 17:5 desk 15:4 determine 5:3 different 14:4,6 DIRP.C•I.2:3 3:11 directed 5: 18 direction 17:13 Discussion 9:25 13:25 15:7 16:1 disputeSA 110:22 10:25 district 9:1 docket 9:6 documents 15:2 k doing 11:9 double-check 9:1 1 clown 17:10 drafted 14:12 Drive 3:19 duty 17:9 E 1:21 22,6 East 3:19 either 11:22 12:3 employed 3:21 enter 9:5 entered 10:10 entry 9:6 envelope 5:116:10 6:13 7:25 5:14 ESQUIRE 1:21,23 everything 14:5 evidence 16:4 17:15 exact 15:3 ESAMUI ATION 3:11 except 3:5 921 exhibit 2:8 5:13,16 15:12,18 16:5 expires 1723 fact 4:2 7:21 fairly9:12 far 10:14 fax 15:15,22 1•enicle 1:21 2:93:13 5:13,14 8:11,15 S:20 9:20 10:16 11:2,6.14,18 1324 15:20 16:4 Renicle's 13:21 file 9:6 10:3,3,5,7,10 12:4 14:14,19 15:I,S,S,20 filed 4:11.15 5:1 7:14 9:1,9,15 10:15,17,22,25 11:21,25 12:21,25 13:4 filing 3:4 lied 12:17 13:3 15:3 rune S:19 finish 11: Is firm 9:5,12 14:12 first 9:5 13:3 14:11 14:13 following 6:19 9:23 Follows 3:9 font 14:4 foregoing 17:6 form 3:5 forwarded 5:25 from 2:9 5:12 6:7 9:1 13:3 fully 17:15 further 16:2 17:5,1.1 gave 15:20 generated 14:6 15:15 go 923 11:16,18 goes 14:2,3 going 4:5,24 If 2:6 Hammon 12:9 hand 424 17:19 handled 10:16 handwritten 15:12 Harrison 3:19 head 9:16 hearsay 11:17 held 9:25 13:25 15:7 16:1 hclena 1:13 17:3,11 17:22 her 9:1 12:18 15:19 15:21 hereunto 17:18 hill 1:16 6:7 home 3:17 HOWELL 1:23,23 5:13,24 10:1 11:4 11:9,16,20 13:22 14:1,17,23 15:6 15:10,25 16:2 insufficient 5:17 Internal 10:3 .1 judge 11:5 judgment 9:2 just 10:17 11:4,14 11:18 142,5,7,9 14:15 15:3,11 16:4 justice 9:2 knew 10:17 know 7:4,12 5:25 9:3,14 10:14 12:7 12:10 13:6,8,14 13:17,20,22 14:11 14:12 15:4,16,17 GEIGER & LORIA REPORTING SERVICE -1-800-222-4577 I Page 2 MONTGOMERY, LISA _.' 03/08/00 15:24 LAUGHMAN VS CASSELL 1. 1. 1:13 17:3.11,22 LANCASTER 17:2 later 7:20 15:17 latest 14:25 lum.-ho:n 1:34:13 7:13 9:1 13:10 14:11 Laughntut's 9:10 law 123 9:5 14:12 learn 10:6 legal 11:7 let 15:3 letter 2:9 5:12,16,21 6:1 3:16 1423 16:5 let's 4:18 9:23 like 14:5 Linda 12:9 LINUS 1:21 lira 1:11 2:4 3:5,15 3:21 17:7 listing 15:13 load 7:15 locate 9:17 look 7:18,19 61:14 14:17 mail 6:3,16,17 7:15 7:20 12:15,1 S mailbox 6:5 mailed 5:9,11 6:7 8:S 12:15 make 10:9 11:7.14 12:5 march 1:14 17:19 17:24 marked 2:S 5:13,15 MARKET 1:16 may 15:5 maybe 14:21 mean 11:10 meant 9:22 melissa 1:3 4:13 messenger 122.13 tttight'9:19 mind 10:9 14:17 minute 15:1 Miss 8:25 9:19 10:2 13:10 14:11 16:3 misses 12:12 mistakes 10:9 Monday 9:23 10:5 10:21,22 12:14,16 12:19 montgonlerv 1: 11 2:4 3:S,15 5:25 10:2 16:3 17:7 morning 12:16 13:5 13:9,15,22 myself 4:2 N 2:2 name 3:14 need 15:2 nets 9:12 NOTARY 1:13 Notary-Public 17:4 17:11 notes 17:15 notice 9:I November 2:9 4:5 4:16, IS, 19.215:4 5:10,12,21 6:16 5:5.9 9:2,21,22.23 10:5,21,22 11:1 11:22 12:3,3,14 12:14.20,24 13:11 14:4,19,22,24 Ii9,15 Number 5:13 O oaths 17:4 object 11:2,16 abjection 11:6,5 objections 3:4 11:5 11:10,12,13,14 off9:1G 24,25 13:24 13:25 15:6.7.25 16:1 office 1:23 4:12 7:3 15:16 Okay 11:6 15:3 one 61:10 15:11 open 14:14 15:5.20 opened 14:19 15:5 original 525 other S:I S.20 16:6,6 out S:S 9:2 13:3 over 14:15 packet 6:11 paper 5:17 part 10:13 parties 3:3 penusylvania 1:1,16 3:19 17:1.5 PLACE 1:15 PLAINTIFF 1:3.12 » 2:3 plaintil'1's 2:S 5:13 5:16 111.1•:AS 1:1 postage 8:I S prepared 5:11 preserved 11:10,12 probably 13:19 14:7,9.20,21 proceeded 7:19 proceedings 17:14 PRODUCED 2:7 properly 6:14 property 15:13 prolhonohtry 2:9 5:10,12,19 6:1.14 6:24 7:2;9,12 8:17 11:17 12:19,23 13:4 143,9 16:6 prothonotary's4:12 7:3 11:24 provided 725 PUBLIC 1:13 pulled 149 purpose 7:11 put 6:5,16,17 7:20 9:12 12:15 16:4 p.m L• 14 92 11:23 16:8 question 3:5 102 11:19,21 questions 8:20 16:2 16:7 17:10 rarely 12:11 reading 3:3 readv4:15 reager 1:15,20 3:21 3:24 4:S reason SAS 12:13 12:17 received 6:20 7:13 7:14 11:20,24 recollection 13:11 record 9:24,25 II:8 11:13,15 13:24,25 15:6,7,25 16:1 records 11:2.1 12:5 reduced 17:12 regarding 9:9 regular 6:3 reporter 17:3.11,11 17:13 reserved 3:5 11:5 respective 3:3 returned 5:17 revicm Ll:2i richard 1:5 8:6 right 7:8 8:9 10:11 10:20,23 11:1,5 11:22,23 15:19 RI'R 1:13 17:3,22 S S 2:2,2,6 same S:5.8 17:17 sow 15:19 saying 11:12 scaling 3:3 second 15:6 secretary 3:24 4:2,6 sec 15:3,13 self-addressed 6:10 7:24 'send 5:5 sent 6:37:248:16 shots 11:24 13:17 15:11 showing 5:15 8:2 shown 9:15 shows 13:10 signed 13:10,12,14 signing 3:3 since 12:17 sits 15:4 sires 14:4 something 15:17 speak 7:9 speaks 5:24 ss 17:1 slack 12:18 staff 10:14 stamped 6:10,14 7:25 12:1 standard 11:4,7 12:15 14:5 state 3:14 17:1 stenographically 17:10 STEVEN 1:23,23 still 9:11 stipulate 9:20 stipulated 3:2 STIPULATION 3 stipulations 11:5 S'I'll EET 1:16 subscribed 17:19 subsequently 10:6 sure 12:6 swamped 7:17 sworn 3:9 17:9 system 9:6.13,14 systems 14:6 T2:2,6 TABLE 2:1 take4:5 12:3 15:1 17:5 taken 1:12 17:10 takes 14:17 taking 17:5 telephone 12:19,23 tell 9:17 tells 14:18 testirted 3:9 testimony 17:7, IS 't'hanksgiving 4:19 thing 15:11 think 7:5,7 5:11,12 8:13 9:12 14:24 14:25 three 5:25 tickler 9:6 10:3,10 tittle 3:6 6:19 10:7 12:1 13:3,6,14 told 7:16 top 9:16 transcript 17:17 trial3:6 17:6 'Tuesday 11:1,72 12:14,23 two 10:17 12:15 15:5 typed 5:16,17 typewriting 17:13 lJ Ulrhuh 10:24 under 17:13 until 9:22 15:4 use 12:13 14:8,8 used 14:10 verification 13:11 verify 12:20,24 GEIGER & LORIA REPORTING SERVICE -1-800-222-4577 Page 3 MONTGOMERY, LISA 03/08/00 N'S 1:4 J I NN' 2:2 miiced 3:4 want 5:15 11:12,14 15:1,11 16:4 minted 7:12 11:11 12:4 1vaS11'l S:19 10:22 10:2511:2( 12:7 12:10,17 way 5:17 12:4 13:1 15:5 Wednesduv 7:5 13:5 week 6:19 7:20 were 4:6,11,21 7:16 7:17 11:9,10,12 17:10 whereor 17:18 wiluess 3:8 17:9 work 12:12 worked 4:8 working 4:11,21 wouldn't 9:22 2:6 12:9 5:13,16 16:5 1st 7:6,7,22 11:25 13:5 13th 17:19 174'.63:20 19992:94:6,16,18 4:20,215:5,12 7:22 9:2 14:19 15:9 ::14 1:14 !:33 16:5 !000 1:14 17:19 004 17:24 :3rd 14:21,24 331 1:16 4th 14:19 15:9 51114:15,19 15:15 6 2:9 5:12 6th 4:6,16.215:4 5:10.22 6:16 5:5,9 921,22 10:5,1 1 10:17 13:11,14 14:4 29th 9:23 I0:S,1 I 10:19,21,22 12:3 12:14,20 3 3 2:4 3:43 11:25 30111 11:1,22 12:4 12:14,24 4:05 9:2 ------- 5----.-- --. 5 2:9 3:19 51h 9:2 6 1724 8 1:14 2:4 99-6730 1:4 LAUGHMAN VS CASSELL GEIGER & LORIA REPORTING SERVICE -1-800.222-4577 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MELISSA LAUGHMAN, PLAINTIFF VS RICHARD CASSELL, DEFENDANT DEPOSITION OF: RICHARD CASSELL TAKEN BY: DEFENDANT BEFORE: VIRGINIA LORIA, RPR NOTARY PUBLIC DATE: MARCH 13, 2000, 3:10 P.M. PLACE: LAW OFFICE OF STEVEN HOWELL 619 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA APPEARANCES: REAGER, ADLER & COGNETTI BY: LINUS E. FENICLE, ESQUIRE FOR - PLAINTIFF LAW OFFICE OF STEVEN HOWELL BY: STEVEN HOWELL, ESQUIRE FOR - DEFENDANT GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 TABLE OF CONTENTS WITNESS FOR DEFENDANT DIRECT CROSS REDIREC"" RECROSS Richard Cassell 3 GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 .r. t 3 RICHARD CASSELL, called as a witness, being sworn, testified as follows: DIRECT EXAMINATION BY MR. HOWELL: Q Richard, can you just state your name, occupation and address? A My name is Richard Cassell, I live at 27 East Main Street, Mechanicsburg, I'm in property management. Q You were present while Ms. Laughman testified, correct? A Yes. Q You heard that she filed a notice of appeal which has been marked down as Exhibit D-1? A Yes. Q I'm going to show you Exhibit D-1. Prior to my office giving you a copy of that, have you ever seen that document before? A Never seen this before. Q Did you ever receive, prior to receiving the complaint and the cover letter from Mr. Fenicle, did you ever see any notice that she had taken an appeal of what had happened at District Justice Clement's office? A The only thing I ever received was the letter l GEIGER & LORIA REPORTING SERVICE - 1-800-222-9577 E. : 4 1014N from this gentleman. Q You're indicating Mr. Fenicle? A Mr. Fenicle, yes. And I took that letter up to Clement's office, he advised me that I should take it up to Cumberland County Courthouse because I received it illegally. He said I could really throw it in the wastebasket. MR. FENICLE: Note my objection, that's hearsay. A So I took it up to Cumberland County Courthouse and they could not help me up there because of the type of case it was. They advised me that I could appeal it myself, but unless I had the qualifications, I should go ahead and get an attorney. And that's when I came to you. BY MR. HOWELL: Q But there is no doubt in your mind that Exhibit D-1 was never sent to you by -- A I never received nothing like this, never even seen anything until you showed it to me today. MR. HOWELL: I don't have any further questions. Mr. Fenicle, your witness. CROSS-EXAMINATION i V' it i GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 5 BY MR. FENICLE: O I have just a couple questions, Mr. Cassell. Mr. Cassell, I'm showing you -- and your attorney can see this also -- what was filed by your attorney in answer to the motion that I filed to strike the motion that -- the praecipe that Mr. Howell had filed. In that document there is something entitled new matter -- would you agree with me -- and I'm showing you this document, there is something entitled new matter. A Uh-huh. Q By the way, your signature is on one of the verifications for this document, can we agree to that? MR. HOWELL: Yes, I think he verified it. BY MR. FENICLE: Q Just so we can agree, that's your signature? A Yes. Q So you verified this document? A Sure. Q You reviewed it before it was filed? A Right. Q would you also agree with me that under the wording of new matter there is no statement in there that you did not receive the notice of appeal? A I don't see anything. MR. HOWELL: You can read it first, Mr. GEIGER & LORI:; REPORTING SERVICE - 1-800-222-4577 7 6 Cassell. Why don't you read each paragraph. I will note my objection on the record. The objection is whether or not it actually appears in paragraph 17 through whatever is irrelevant. But you can actually ask him whether or not it actually appears. I will make one further objection, too. The praecipe to strike actually does state that it was not served properly. The praecipe to strike the late complaint does say it was not served properly. A Right. BY MR. FENICLE: Q Again, you can answer my question, if there is anything in that in your new matter? A No. MR. FENICLE: And I will stipulate that what it says in there, it says. MR. HOWELL: Obviously, whatever it says in 17 through 27 is what it says. But in addition to that, there is a praecipe to strike that says it wasn't served J properly. BY MR. FENICLE: Q Would you agree that there is no statement in 17 through 27 in the new matter that says I never received notice of the appeal? A Yes. GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 11 - 7 Q The only other question I have is: In the complaint that was filed against you -- and you admit that you received the complaint from me? A From you. Q when -- A Right, I received that. Q That complaint had attached to it Exhibit A -- and I'm showing you what is Exhibit A -- that's dated April 6, 1998, that's a receipt with your name on it, is that correct? i A Yes. Q Is that your signature, R. Cassell, on there? A Yes. Q That indicates a receipt for certain items from Melissa Laughman, would that be correct? A Yes. Q So you don't deny that you did receive certain items from her? A That belonged to me, none of these items were hers to start with and that's a matter of record and I want that to be shown. Let's go back a moment. Q Let me ask you this question -- and then you can explain -- on April 6th 1998 that is a receipt from you and you indicate on there that you received 150 dollars -- A Right, absolutely. GEIGER. & LORI:, REPORTING SERVICE - 1-800-222-4577 8 Q -- from Melissa Laughman, received 150 dollars cash for storage and moving furniture, is that correct? A Yes. MR. FENICLE: No further questions. REDIRECT EXAMINATION BY MR. HOWELL: Q I have a couple of follow-up real quick. Mr. Cassell, you received 150 dollars on April 6th from Ms. Laughman, right, is that correct? A Yes. Q What was that for? A The sheriff called me and asked me to come up to do them a favor, they know my background. We have to go back to February of 1998 when she first called me. This woman was living in filth in Mechanicsburg. Q Is that the 414 Market Street address? A Yes. I knew the landlord. And when I went in there she had no furniture. But this couch she had was so bloody we had to wear special gloves to remove the couch. She has a problem with her something -- Q It doesn't- matter. A I don't know what it is. Anyway, I said, Melissa, what's your name? I introduced myself, always GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 0 9 shake hands with everybody, I said, how can you live like this? She said, well, my roommate moved out. I said, Melissa, I have a warehouse over in Lemoyne, I have refrigerators, couches, chairs, you can have anything you want, come over and pick.out what you want. She was sleeping on the floor, she had no couch, no chairs, she had nothing. Q That's when you first encountered her at 414 Market Street? A First, right. Q And this is before you did any storage for her? A Anything, nothing. I said, listen, so I called my daughter, I said, can you meet me over here she said no -- she cleans houses -- so I called -- Melissa called me, I said, now, Melissa, I can't stay with you, but I'm going to unlock this warehouse, please come over. At that time she had a car. She picked out different items and she took a lot of clothes and stuff with her. Q Are these items that she took, these are just things that are discarded? A Things that I pick up -- I'm in property management, I take care of a lot of apartments. People move, they leave things behind, I put them in storage and about three times a year we have a yard sale. I have antique 1.--) GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 10 dealers that come over, I have people come from Wisconsin, North Carolina. Q Let me say this, though: You own all these items? A I own everything, yes. Q She comes in -- A She picks out things she wanted, she put little tags on things. I said, okay, we will bring them. I took them over to her home, didn't charge her a dime. Q When was that? A Probably two to three weeks after we removed the couch, took them up to her house, set them up for her. Q Which house was that? A The one on Market Street. Q 414 Market Street? A Right. Time goes by, the next time I talk to her is when the sheriff called me, the locksmith, the landlord knows me, he said, Richard, would you do me a favor? I said, what? He said, we are going to put Melissa out. I said, you can't do that, I said, what's she going to do with all her stuff? So I went up there, I said, Melissa, I'm going to take this stuff, put it in storage for you -- my stuff -- put it in storage. I think she had one chair, one light, and maybe two bags of clothes. And I know everything else was mine. __.J GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 11 Q Did you see any of these antiques? A Absolutely not, absolutely not. Q Items thirteen, fourteen and fifteen? A Absolutely not. Unless she found them in my warehouse and I didn't know I have them. Because a lot of times we are in a hurry, we go to somebody's house, they are ready to move, we have closing the next day, they have everything packed -- Q But this is all junk? A Well, no, don't call my stuff junk, I'm in property management, I make my living out of this junk. A lot of times we find stuff that is very valuable. A lot of times I don't have time to go through it, so my daughters and my wife -- three times a year we have a yard sale. And that's when we had the warehouse, I don't have the warehouse. That's one of the reasons why I don't have the warehouse no more. I do things for church, I donate things for churches. Q Mr. Cassell, not to cut you off, the question here is this: Exhibit B to her complaint lists a whole bunch of clothing. Is that clothing that she removed from your warehouse? A Yes, she had nothing. Her roommate -- her roommate stripped the apartment, I mean stripped it. When I walked in, I thought she was moving, that's why she was GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 12 . ?1 having the couch taken away, Q If somebody is on hard times, you just let them take the stuff? A I call Good Will at least twice a week, I call Salvation Army at least twice a month. This stuff I give to people. MR. HOWELL: I have no further questions. RECROSS-EXAMINATION BY MR. FENICLE: Q Did she give you any items time? to store at that i A The items she gave me was maybe two bags of her personal clothing, they were about this big and an old rocking chair. And the stuff that she gave me that was hers, she didn't even take, when she came over to the warehouse with this man from Lebanon, she didn't even take her own rocking chair and stuff. Q Are you saying that her stuff was all there? A All her stuff was there, everything. Q When she came over? A Everything was there. Q And that's what you charged her 150 dollars for? GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 am 13 A No, I charged her -- when the sheriff called me to move everything over to. . . 4 To your facility? A I used to have help, I work by myself. 4 So the charge was to move the stuff over? A Move all her stuff, take it over to the warehouse. There was no fee for the storage. This went on for three or four months and occasionally she would come over and call me up and say I have eight, ten bags of clothes I got. Then she would put some more clothes in the building. And at the time I had to stop her, I said, Melissa, I can't do this anymore. MR. FENICLE: Nothing further. MR. HOWELL: I don't have any further questions either. (The deposition was concluded at 3:32 p.m.) GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 F 14 STATE OF PENNSYLVANIA ss COUNTY OF DAUPHIN I, Virginia Loria, a Reporter Notary-Public, authorized to administer oaths within and for the Commonwealth of Pennsylvania and take depositions in the trial of causes, do hereby certify that the foregoing is the testimony of RICHARD CASSEL. I further certify that before the taking of said deposition, the witness was duly sworn; that the questions and answers were taken down stenographically by the said reporter Virginia Loria, a Reporter Notary-Public, approved and agreed to, and afterwards reduced to typewriting under the direction of the said Reporter. I further certify that the proceedings and evidence contained fully and accurately in the notes by me on the within deposition, and that this copy is a correct transcript of the same. In testimony whereof, I have hereunto subscribed my hand this 22nd day of March, 2000. enc. ?f-S?-'-.^ Virgin a Loria, RPR My commission expires: May 17, 2003 ,_..i GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 V---? COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MELISSA LAUGHMAN, PLAINTIFF VS NO. 99=6730 RICHARD CASSELL, DEFENDANT DEPOSITION OF: MELISSA LAUGHMAN TAKEN BY: DEFENDANT BEFORE: VIRGINIA LORIA, RPR NOTARY PUBLIC DATE: MARCH 13, 2000, 2:23 P.M. PLACE: LAW OFFICE OF STEVEN HOWELL 619 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA APPEARANCES: REAGER, ADLER & COGNETTI BY: LINUS E. FENICLE, ESQUIRE FOR - PLAINTIFF LAW OFFICE OF STEVEN HOWELL BY: STEVEN HOWELL, ESQUIRE FOR - DEFENDANT ALSO PRESENT: RICHARD CASSELL GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TABLE OF CONTENTS FOR DEFENDANT Melissa Laughman PRODUCED AND MARKED 4 23 28 30 DEFENDANT EXHIBIT NO. 1 - Notice of Appeal 2 - Civil Complaint 3 - Notice of Judgement 4 - Subpoena WITNESS DIRECT CROSS REDIRECT 3 35 36 GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 3 1 MELISSA LAUGHMAN, called as a witness, being 2 sworn, testified as follows: 3 4 DIRECT EXAMINATION 5 6 BY MR. HOWELL: 7 Q Ms. Laughman, my name is Steven Howell, I'm 8 the attorney for Richard Cassell. I going to be taking your 9 deposition here today and obviously you have been sworn to 10 tell the truth and nothing but the truth. Do you understand 11 why you're here and what you're going to have to do? 12 A (Witness nods head affirmatively.) 13 Q Of course you have to say yes or no because 14 they can't take down nonverbal answers. 15 A Okay. 16 Q Do you understand that you're going to have to 17 tell the truth today? 18 A Yes. 19 Q Are you on any medication today that would 20 prevent you from telling the truth? 21 A I take certain medications, but it won't keep 22 me from telling the truth. 23 Q What medications do you take? 24 A I take medications for manic depression, and 25 severe headaches. GEIGER & LORIA REPORTING SERVICE - 1-800_222-4577 4 1( 17 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 Q Anything else? 2 A That's all the medications I take. 3 Q What kind of medications are they, the names a of the medication? 5 A Trazodone. Q I'm going to turn your attention to November 5, 1999. On November 5, 1999 did you go to the Cumberland County courthouse and file a notice of appeal from a district justice judgment against you? A The name of the district justice? Q Charles Clement. A Yes, I filed an appeal against that decision. Q You filed that November 5, 1999 at 4:08 p.m., right? A Yes. Q I want to show you what we will mark as Exhibit 1. Do you know what that is? A It looks like a notice of an appeal. Q Is that the notice of appeal that you filed in Carlisle? A Yes. (Notice of Appeal marked as Defendant Exhibit Number 1.) BY MR. HOWELL: Q Ms. Laughman, this exhibit which we have GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 iN 1 - ?- ..._. 5 -1 1 marked D-1, what did you do with that once you filed it at 2 the courthouse? 11 1. 1. 19 15 16 17 18 19 20 21 22 23 24 25 3 A They told me that there was certain copies 4 that had t o be sent to people. 5 Q What did you do with it? 5 A I asked them the way that it should be sent, 7 if it had to be -- required certification. They said, no, s it was not required to have it certified, sent through the 0 mail, that it could be just regular mailing. Q So you mailed that by regular mail then, your notice of appeal? A Yes. Q Who did you mail those by regular mail to? A To the district justice, Mr. Cassell, and the courthouse. Q You're losing me on this. You were just at the courtho use, you said you mailed this back to the courthouse, Exhibit D-1 you mailed back to the courthouse? A You had to mail the other copies off to the people that was supposed to get the copies. Q But there is no dispute that you didn't mail it by certified mail or registered mail, you mailed it by ordinary mail? A Yes, because they said that there was no reason for certification if it can be just be sent by the GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 6 fj 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2E regular mail. Q Are you aware that -- or have you come to be aware -- that you have to send that by certified mail? A No, because that's not the way it was told to me when I was there at the courthouse. Q When you were at the courthouse, did you see the sign that says that the staff behind the desk aren't allowed to give legal advice? A No, I don't remember seeing a sign like that. Q You didn't see the one that is taped to the counter that says employees are not allowed to give any advice? A What are you trying -- Q I get to ask the questions. My question to you is do you remember seeing a sign that says the employees that work behind the desk at the Prothonotary's office are not to give legal advice? A I could have seen the sign but what does that matter? MR. FENICLE: Off the record here. (Discussion held off the record.) BY MR. HOWELL: Q Did you within ten days of filing this on November 5th ever come back to the courthouse and file a certificate of service? GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 7 ,? d c fi 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A What- does that have to do with the appeal? Q Again, you don't get to ask the questions, you have to answer the questions. MR. FENICLE: She may not understand what that means, the certificate of service. BY MR. HOWELL: Q Certificate of service -- I will explain it and then you tell me whether you did this -- certificate of service says that you deposited something in the mail on such and such a date and such and such a place and such and such a person, all right? Within ten days of filing this on November 5th, did you go back to the courthouse and ever file anything like that? A I can't remember if I... Q When did you retain Mr. Fenicle to draft and file this complaint against Mr. Cassell? A After I had the appeal put in. Q Can you be more specific as to the date? A I think I talked with him the third week of November. Q Was it before Thanksgiving? A Yes. Q So it was the week of Thanksgiving then? A I would have to see a calendar. (Pause.) GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. FENICLE: Note my object ion on the record as to the relevance of this question. I cyill e.-,:plain that when she retained me to do anything has nothing to do with the issues that are in this proceeding right now. I would also indicate that my secretary could testify that it was the 24th, that was the date that the file was opened. MR. HOWELL: I think it was early, too, but I just want to -- MR. FENICLE: November 24th was the date my secretary indicated in her deposition that we opened the file. BY MR. HOWELL: Q While she is getting that, I will ask you a couple other questions: You filed, through Mr. Fenicle's office, a complaint against Mr. Cassell - - Ms. Laughman, I'm showing you a calendar for November 1999. To your best knowledge, when did you employ Mr. Fenic 1 e to draft up your complaint? A I think it was the week of the 15th to the 19th. Q The week before Thanksgiving, is that what you're saying? If Thanksgiving falls on November 25th, you're saying it was the week before? A I talked with him that week. MR. FENICLE.: I think the question should be GEIGER & LORI" REPORTING SERVICE - 1-800-222-4577 9 f 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I made clear it's not when -- as to when she retained me as opposed to just talking to me. t BY MR. HOWELL: Q When did you actually pay money to Mr. Fenicle and hire him to do this? A Do you know what date that was? MR. FENICLE: I think it was November 24th. BY MR. HOWELL: Q November 24th it is then. Mr. Fenicle drew up a complaint -- which I'm going to show you now -- this complaint here. Take a look at this paperwork here. Is this the complaint that was ultimately filed in Cumberland County? Do you see what I'm showing you? A Yes. Q When did you first see this complaint and when did you sign it? MR. FENICLE: Can you show her her signature on it? A I want to se BY MR. HOWELL: Q Is the first and signed it the 26th, as MR. FENICLE: A Is that what BY MR. HOWELL: e my signature. time that you read this complaint the date shows on the bottom? If you remember. the date is? GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 F- 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Unfortunately, you can't ask your counsel these questions. He can make objections to the questions, but the question to you is: Having looked at the complaint that you filed -- that your attorney filed -- in Carlisle and having looked at the verification which bears your signature, there is a date that says November 26, 1999 there. My question to you is: Is that the date that you signed this and read this for the first time? A I can remember signing it because that is my signature. But as far as the date -- Q Did you come to Mr. Fenicle's office to review the complaint and sign it at the same time? A Did we sign that in the office? MR. FENICLE: If you don't remember, just say you don't remember. A I don't remember. MR. HOWELL: I'm going to put this objection on the record. You have to understand this, you cannot ask Mr. Fenicle questions while I'm asking you questions. You either have to say yes or no or an explanation or I don't know. MR. FENICLE: Or you don't remember. BY MR. HOWELL: Q Or you don't remember. A I remember signing it, but I don't remember what date I signed it. GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 11 1 MR. FENICLE: That's fine. 2 BY MR. HOWELL: 3 Q When did you y provide what is marked as Exhibit 4 B to this complaint to Mr. Fenicle? Take a look at Exhibit 5 B, this is attached to your complaint, it's in handwriting. 6 Is that your handwriting? 7 A Yes. 8 Q When did you provide this exhibit to Mr. 9 Fenicle? 10 MR. FENICLE: Note my objection to relevancy, 11 but go ahead. 12 A He needed a list of the value of the items 13 that was taken. 14 BY MR. HOWELL: 15 Q When did you y provide this list to Mr. Fenicle? 16 A The day that he was hired as counsel. 17 Q How did you come up with these values on this? 18 A Because that was the value of the items that 19 was taken. 20 Q Now, when you filed what's marked as Exhibit 21 D-1, which is your notice of appeal with the Cumberland 22 County Prothonotary on November 5th at 4:08 p.m., did you 23 know that you had only 20 days to file this complaint with 24 the Prothonotary's office? 25 A They had told me that there was a certain time GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 I.. 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 limit, but I had filed the appeal in time. And they just told me that the three copies had to be sent to those people. Q My question to you is: Did you know that you had 20 days from the time of filing what's marked as Exhibit D-1 to have this complaint which I have just shown you filed in Cumberland County Prothonotary's office? Did you know that? A I knew I har9 rn havP an time. Q what time was that? A I guess within the -- Q I want to object here, you can't keep looking at your attorney, he is not making any gestures saying yea or nay, to be fair to Mr. Fenicle, he is not indicating any answers to you. You're staring at him like you're expecting him to nod his head or blink his eyes or do something like that to give you an answer. You can't do that. MR. FENICLE: Some of these are legal questions, but we will agree that we knew that there was 20 days to file the complaint. That's not really an issue in dispute. BY MR. HOWELL: Q Ms. Laughman, what day did you think you had to file the complaint, the date? GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I talked with them about that and they said that -- count certain days, including I think it is the time that it's actually like put into appeal and then the 20 days from there. Q Do you know the date that this complaint was actually filed in the Cumberland County Prothonotary's office? A I guess the date that it's -- Q My question to you is this: Do you know that the complaint was filed December 1st, 1999 at 3:43 p.m. Are you aware of that? MR. FENICLE: Again, my objection to relevance. That time stamp speaks for itself and really has no relevance to this proceeding. MR. HOWELL: I understand that. MR. FENICLE: We have gone through this and explained that it was going to be filed the 26th, the courthouse was closed. I'm not sure I understand the purpose of question. BY MR. HOWELL: Q My question to her is -- your objection is on the record -- my question to you, Ms. Laughman, is this: Are you aware that this complaint was not filed until December 1, 1999 at 3:43 p.m.? A That's what I was told. GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 14 GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 ¦, c E E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Turning to your employment of Mr. Cassell, when did you hire Mr. Cassell, who is the defendant in this action, to do work for you? MR. FENICLE: I really object to getting into this at this time. That is not the issue before the court, we are not into the merits of the case and it has no relevance to this proceeding that we are involved with at this time before the court. And so my objection is that it is not part of this proceeding. MR. HOWELL: Your objection is noted. BY MR. HOWELL: Q Now, Ms. Laughman, when did you first come to hire Mr. Cassell? A It was a while ago. MR. FENICLE: If you don't remember, just say I don't remember. A I don't remember. BY MR. HOWELL: Q Did you contact Mr. Cassell to do work for you or did he contact you to do work for you? A He runs advertisements in the paper stating that he has this legitimate business. Q Let's jump to a little bit further in time. Did you hire Mr. Cassell to move your furniture because you were being evicted? is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I had asked to hire him to move furniture. Q Because you were being evicted, right? A I had to leave -- MR. FENICLE: Objection, it doesn't really matter. MR. HOWELL: I understand your objection, but you need to answer the question. Were you being evicted when you telephoned Mr. Cassell to move your property? A I had just said to him that I needed a person to move my items. Q Were you being evicted through a court process when you contacted Mr. Cassell to move your items, yes or no? A What does that have to do with me just moving? MR. FENICLE: Again, I object to relevance, if you want to just answer it, it doesn't matter. MR. HOWELL: You have to answer the question. MR. FENICLE: It's totally irrelevant. BY MR. HOWELL: Q In your opinion, but you still have to answer the question. Were you being evicted when you hired Mr. Cassell to move your items? A Yes, they were telling me I had to move from there. Q Turning to this Exhibit B that you have to GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 9! 16 ?1? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 your complaint, do you have any receipts for any of these items, one through thirteen? MR. FENICLE: I'm going to object and I'm going to further indicate that that is not a proper question in this proceeding. We are not here on the merits of this case. MR. HOWELL: Yes, we are. MR. FENICLE: I would like you to put on the record how we are on the merits of this case. MR. HOWELL: Mr. Fenicle, were you served with at notice of deposition for Ms. Laughman on Friday? MR. FENICLE: Yes. MR. HOWELL: What does that deposition notice say? On all matters not privileged, correct? MR. FENICLE: In the present proceeding. MR. HOWELL: No, Mr. Fenicle, listen. Take us off the record for a second. (Discussion held off the record.) BY MR. HOWELL: Q Ms. Laughman, turning to this exhibit here, Exhibit B, do you have any receipts for items one through thirteen? A Some of the items, I have receipts for them. Q Which items do you have receipts for? A I would have to look at the receipts, okay. GEIGER k LORIA REPORTING SERVICE - 1-800-222-4577 Y? S Y M- I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 Q where are the receipts? A They are at my home. Q Do you know which of these items has a receipt? You have two coats as item one for $110. Do you have a receipt for that? A I would have to look. Q For items two through twelve, I want you to take a look at them and tell me which of those, to the best of your knowledge, you have a receipt for? A The majority of the things. Q From where? A From credit cards that I used that they sent invoices and descriptions of the things. Q This item here, item thirteen, a French fish server with ivory handle, you have $1200. Do you have a receipt for that? A Yes, I had rare antiques stored there. Q I didn't ask you that, I asked you: Do you have a receipt for that? You have a $1200 item here, you have item thirteen, a French fish server with ivory handle, Paris, circa 1860, sterling silver $1200. Do you have a receipt for that, yes or no? A I could see if I have receipts for those items. Q To your knowledge, do you have a receipt for t y.. ?y !L 1 GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 18 r 7 f 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that? A I have to see if I have a receipt, but I know the value of my items. Q How do you know the item, did you pay $1200 for that? A That is what my item is valued at. Q Did you pay $1200 for the item? MR. FENICLE: You can answer. A Yes. BY MR. HOWELL: Q Where? A I bought it through an antique dealer. Q Which antique dealer? A He lives in Australia. Q What's his name? A Julian Warwick James. Q Do you have an address for him? A I can look up the address. MR. FENICLE: We will provide it. BY MR. HOWELL: Q Julian Warwick James and he is in Australia? A Yes. Q Did he ship it here to you? A What does that matter how I got the item, because he visits the United States. GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 1 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1s 2( 2] 2, 2: 2, 2' MR. FENICLE: You just indicate how you received the item, where you purchased it, that's fine. A It was sent to me. BY MR. HOWELL: Q How? A By the mail. Q By the United States Postal Service? A Yes. Q Not by UPS? A I don't think it was sent that way. Q And not by FedEx? A I can't remember. MR. FENICLE: If you don't -- BY MR. HOWELL: Q When did you get the item? A Almost two years ago, three years ago, when it was taken. Q When did you purchase the $1200 fish server with ivory handles? A When I was living over in the area that I was being evicted from. Q What time is that, when did you purchase item thirteen? A It was close to three years ago. Q Did you pay cash, credit card, how? GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 lC 2C 23 2: 2_ 2< 2! A There was an international money order that was made for it. Q For 1200 U.S. dollars? A It was asked that amount, but I think the currency in Australia is different. Q I'm asking you: What did you use in U.S. dollar curr ency? A $1200. Q And this Julian Warwick James in Australia, can you give the address and telephone number of this individual to your attorney? A Yes, I can tell him that information. Q How did you find out about this item in Australia? A Because he sends me things that he deals with, antique silver. Q How do you come to know Mr. Julian Warwick James? A I just met him. Q Where? A Through an antique silver contact. Q Who was that? A This magazine I used to subscribe to, he contacted me through this magazine. Q This item fourteen, a tiger's claw GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 21 r? E E C lc 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 vinaigrette, circa 1860. What is that? A That's like a -- that is like a serving stand. Q Who did you purchase that from? A That gentleman, Julian Warwick James. Q When did you purchase that? A Three years ago. Q And you paid 575 U.S. dollars for that? A Yes. Q Do you have a receipt from him? A I will ask him if he has a receipt of the purchases. Q When you purchased these items, did you fill out any custo ms paperwork? A No, you don't have to fill out paperwork to have items sh ipped to you. You fill out the money order and what they wan t for it. Q The item fifteen, brass house item, circa 1902, you have doom $300. Where did you buy those from? A I bought my brass items at different antique stores. Q Do you have a receipt for those items? A Some of the items. Q These items are very valuable then, right? A Yes. The two pieces that I bought from Julian Warwick James is much more valuable than the brass items, GEIGER b. LORIA REPORTING SERVICE - 1-800-222-4577 M 22 but the brass items are valuable just the same. Q Did you ever. have innurance on these items? A It all depends what you call value. Q Dollars is what we are using. A Okay, well, then the brass is less than the other antique items. The most expensive one is the fish server with the ivory handle. And, yes, I'm going to talk with Julian Warwick James to tell you the cost of things and the price of rare antiques. Q Did you ever have these items appraised here in the United States? A No, I don't think I had the items appraised in the United St ates. I think that the appraisal is sent with the items. Q You have the appraisal then? A 'rile values of it. Q You have an appraisal for these items? A I did have an appraisal for it. Q Where is .it? i A It might have been taken when they stole the items . 4 You don't have the appraisals now? d A It came when I ordered the items. p Have you ever insured items thirteen, fourteen 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 lE 1 lE 1! 21 2 2 2 2 2 5 1 or fifteen? GEIGER :. L,ORIA REPORTING SERVICE - 1-800-222-4577 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No, I didn't have insurance on the items. Q Why would you leave such available items in a storehouse? A Because I was told that my stuff was secure there and i t wouldn't be removed there or anything wouldn't be stolen. Q You are aware that many people have testified in the two district justice lawsuits and none of them can remember se eing any of these items, right? A The items were placed there. And then when I went to get my items, those certain items were not there, along with my clothing. Q On September 16th, 1998 did you sue a Barbara Beckey? A She was named -- Q You have to do it this way -- MR. FENICLE: Did you file a district justice action against her? A Yes, because that was information that I was told. (Civil complaint marked as Defendant Exhibit Number 2.) BY MR. HOWELL: Q I'm going to show you what has been marked as D-2. Do you recognize what that is? GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 ii I! 1 2 3 .I 5 6 7 8 9 10 11 12 13 1 .1 113 16 I 'J IA 0 21 24 complaint put in about items that to direct your attention to the tctl,. Ytnt'r.• th I lit.i.ff. and you're suing a Barbara %+ li.• ;:• :: I lio one that was given the clothes by htt ;n, •I I II,• tl,iv hc•r the clothes. Y u rw d her on September 16, 1998, correct? A hit's whit the date says. 0 Yc n ni,lnt:-d it, so you tell me. 14i PhNIC7.IS: whatever it says, it says. Does it uny t h,?t .I i1 ? , A i t •:1 Id'i MP, IU?:JI•:IJ,; < i u'n• cuing for how much in damages? I'm n I t t .iL i n I I to W and; space which you have filled in. But ho+r did y•nt :;un• liter for damages? %t 1 taas asking a thousand dollars. v And that was for? %+ For the clothes. U The clothing, okay. Does your complaint here trt l l: about items otlier than clothing? You can take a look nt. it bI'fore you answer. mR. FENICLE: Before you answer this, again, I %•,ant to clo on the record -- and we have talked off the GIIGRP. & LOPTn REPORTING SERVICE - 1-800-222-4577 25 GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 record -- I don't believe any of these questions have any relevance to the proceeding presently before the court. But you may answer that question. A Yes, it was for the value of my clothes. BY MR. HOWELL: Q Does it also include a claim for -- I will read it to you -- storage of clothing and other personal items belonging to me. Are the other personal items belonging to you this French fish server, tiger's claw vinaigrette, and the brass house items. Your complaint refers to clothing and it also refers to personal items. Are the personal items you're referring to in the complaint -- A It was to state what the items that was taken and what I wanted for the items. Q Here you said the value for these things taken was a thousand dollars, right? A That was for the clothes, because they had asked me what I thought that she was given. And I said to them, I think that she was given my clothes. Q I'm directing your attention to this complaint. Is this complaint filled out in vour own handwriting? A Yes. Q I'm going to underline something and I want 26 r., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you to take a look at it. Now, I have underlined on Exhibit D-2 a section which talks about two things that were -- two kinds of property -- that was were taken allegedly by Ms. Beckey. One is clothing and one is personal items. Are the personal items you're referring to in there, items thirteen, fourteen and fifteen off of your complaint? A Those were the items that were missing otherwise than the clothes. Q And the total amount of damages that you sought against Ms. Beckey for the clothing and the other personal items which includes items thirteen, fourteen and fifteen on your complaint is a thousand dollars, right? A But the antiques will always be of value and they increase in value as the years go on. And we are talking about antiques that were valued at a certain price and then they are valued at a different price as they get older because they are antiques. Q Were they only worth a thousand dollars on September 16 of 1998? A I *was there to pursue the issue about the clothing. Mr. Cassell was informed that there was other items missing e:ccept for the clothing. MR. FENICLE: I think she has answered. BY MR. HOWELL: Q No, she hasn't answered. My question to you GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is this: You sued Barbara Beckey for taking clothing and personal property, yes or no? A Yes, I put that complaint in. Q And on September 16, 1998 you said the items were worth a thousand dollars, correct? A The clothes. MR. FENICLE: She is saying that it only includes the clothes on the value that she has asked for there, she has answered the question. It is becoming very argumentative and I note my objection. BY MR. HOWELL: Q his. Laughman, what happened at that hearing was you actually called Mr. Cassell and Officer McDonald of Lemoyne to testify on your behalf, did you not? A Yes. Q Before Judge Judy, correct? A Yes. Q And Judge Judy was the one hearing the case with Barbara Beckey? A Yes. Q What did Judge Judy do? A He acknowledged the fact that she was given the clothes because that's what she was told, to go in and take these clothes. And then they said that since she was told do it, that she was not actually the one that was GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 r-i a ? i u . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 responsible, that I should go after Mr. Cassell for the damages. Q You are aware that Judge Judy ruled against you, correct? A Yes, he thought that I should have put the complaint in against Mr. Cassell instead of her because Mr. Cassell was one that gave the items to her. (Notice of Judgement marked as Defendant Exhibit Number 3.) BY MR. HOWELL: Q Do you know what that is? MR. FENICLE: Objection, that's a legal document and it was not prepared by her. MR. HOWELL: It's her notice that she had no case. MR. FENICLE: I would go on the record. This is a notice of judgment in favor of the defendant and against the plaintiff. It is not a notice that you have no case. MR. HOWELL: In that district justice action. MR. FENICLE: These are always appealable for a trial de novo, if it is desired. This particular action, there was no appeal taken from this case and no appeal was filed. Is that correct? BY MR. HOWELL: GEIGER & LORIA REPORTIMO SERVICE - 1-800-222-4577 29 ... \ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q I'm going to object here. You can ask her questions in a few minutes, but the point is Exhibit D-3 is a judgment against you in favor of Ms. Beckey for your thousand dollar claim, correct? A Yes. Q Did you appeal this judgment? A No, I -- MR. FENICLE: That's all you have to say. MR. HOWELL: I'm going to put this objection on the record. You can't tell her when to stop her answers. MR. FENICLE: I'm going to put that this objection on the record. You cannot state your opinion of people having no case or anything like that. MR. HOWELL: I said it had no case to this, no case. MR. FENICLE: It doesn't say that at all, Mr. Howell, and I will just indicate that that speaks for itself, it was a judgment against Ms. Laughman. MR. HOWELL: Mr. Fenicle, you're wasting the court reporter's time. BY MR. HOWELL: Q I'm going to ask you about Exhibit D-3, you said you got this and did not take an appeal, correct? A That's correct. Q I'm going to show you Exhibit D-4. D-4 is a GEIGER. & LORIA REPORTING SERVICE - 1-800-222-4577 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 subpoena issued by you before District Justice Judy, correct? MR. FENICLE: Objection, irrelevant (Subpoena marked as Defendant Exhibit Number 4.) BY MR. HOWELL: Q You can answer the question. Did you issue this subpoena to make Mr. Cassell and Officer McDonald testify for you against Barbara Becky? A Yes, they testified to what was said at that hearing. Q You filed a lawsuit on August 20, 1999, almost a year later, before District Justice Clement, correct, against Mr. Cassell? A They told me what time limit I had to be able to sue Mr. Cassell. Q My question to you was: On August 20th, did you file a lawsuit in front of District Justice Clement alleging that it was now Mr. Cassell who removed your clothing and antiques belonging to you? MR. FENICLE: I object. That is your connotation of the lawsuit, the lawsuit was filed against Mr. Cassell, it was based on Mr. Cassell having taken responsibility to store these items. MR. HOWELL: I'm going to object to this. You GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cannot testify for your client. MR. FENICLE: I can state legal matters. MR. HOWELL: You're not, you're testifying, your client should testify. BY MR. FENICLE: Q Ms. Laughman, on August 20th, did you file a lawsuit seeking $2000 worth of damage from Mr. Cassell? MR. FENICLE: Will you show her the complaint that was filed, Mr. Howell, as the best evidence of what was filed? A Yes. I filed that complaint. BY MR. HOWELL: Q Thank you. Now, the last couple of questions here for you. What's your current address? A 915 Linden Street, L-i-n-d-e-n, Street, Lebanon, Pennsylvania 17042. Q Hole long have you been there? A Two months. Q What was your prior address to that? A 1129 Lehman Street, L-e-h-m-a-n. Q When did you leave there, two months ago? A Yes. Q How long were you at Lehman Street? A For almost a year. Q Why did you leave Lehman Street, was it an GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 32 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 eviction or was it a voluntary move? MR. FENICLE: Objection, irrelevant. A I found a bigger apartment. BY MR. HOWELL: Q Were you being evicted? A No, not at that time. Q Prior to 1129 Lehman Street, what was your prior address? A 18 North 7th Street. Q What- city? A Lebanon. Q How long were you there? A Eight months. Q Why did you leave? A Because I found a better place at Lehman Street. Q Were you being evicted? MR. FENICLE: Objection, irrelevant. What does this have anv relevance to this case? Objection. BY MR. HOWELL: Q Were you being evicted? A I just wanted to move. Q Was there a court action against you? A No, not to move, I just wanted to move. Q Was there a court action against you for GEIGER & LOP.IA REPORTING SERVICE - 1-800-222-4577 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 unpaid rent at the 18 North 7th Street address? A No. Q Prior to 18 North 7th Street, what was your prior address to there? MR. FENICLE: Objection, irrelevant. A 414 Market Street, Mechanicsburg. BY MR. HOWELL: Q That was the address you had when you contacted Mr. Cassell, right? A Yes. Q Now, aside from this district justice action before District Justice Clement and District Justice Judy, have you tried to file criminal charges regarding this? A They were telling me certain things that there could have been. . . Q Who is they? A The district attorney. Q In Carlisle? A Yes, I talked with him about this. Q You talked to him to have him file criminal charges against Mr. Cassell, correct? A He said that there is certain rules that could enable them to seek criminal charges, it all depended on the value of certain things. Q They didn't file criminal charges and they GEIGER, & LORIA REPORTING SERVICE - 1-800-222-4577 34 rl'- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 told you that, right? A They had told me they weren't thinking about criminal charges, but they told me I still could pursue it in the court. Q These items of clothing that you had here, items one through twelve, Exhibit B, are any of these clothing things that you in fact removed from a pile of clothing in Mr. Cassell's storage area? A Those items are my items that were removed. Q My question to you is this: Are any of these items that you got from Mr. Cassell? A He did not give me any clothing. Q Did he give you anything? A No. Q You didn't take any items from a pile of clothing that is unclaimed? You're under oath. Did you take any of those items? A No, I didn't take my own clothes. Q The question to you is: Did you take any items from a big pile of clothing that's unclaimed, yes or no, did you or didn't you? A No. MR. HOWELL: We are going to go off the record for one second. (Pause.) GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. HOWELL: I have no further questions. CROSS-EXAMINATION BY MR. FENICLE Q I have a couple of questions. Ms. Laughman, when you filed your notice of appeal on November 5th to the case against Mr. Cassell, you were not represented by an attorney, is that correct? A Not at that time. Q You had no attornev at that time and you did that on your own, is that correct? A You mean filed the appeal? Q Yes. A Yes, I filed the appeal because I wanted to have the appeal in by a certain time and then I wanted to hire an attornev. Q You did mail that regular mail? MR. HOWELL: I'm going to object to the form of ll the questions, they are leading. BY MR. FENICLE: 0 Did you mail that regular mail to Mr. Cassell? A Yes. Q And you did that yourself, did you deposit it in a mailbox:? GEIGER L LOP.IA REPORTING SERVICE - 1-800-222-4577 36 1 A I sent all the notices off. i j 2 Q Regular mail? 3 l; A Regular mail. 4 ! Q To Mr. Cassell and the district justice is I 5 ?i , that correct? '1 6 A Yes. 8 MR. FENICLE: 2 have no further questions, 9 REDIRECT EXAMINATION 10 11 BY MR. HOWELL: 12 Q What date did you mail the notice of appeal to 13 Mr. Cassell? 14 A I don't remember. 15 Q What date did you mail the notice of appeal to 16 District Justice Clement? 17 A I don't remember. 18 MR. HOWELL: No further questions. 19 (The deposition was concluded at 3:09 20 p.m.) 21 22 23 24 25 GEIGER & LORIA REPORTING SERVICE - 1-800-222_4977 37 r-..,I 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 STATE OF PENNSYLVANIA ss 2 COUNTY OF DAUPHIN I, Virginia Loria, a Reporter Notary-Public, authorized to administer oaths within and for the Commonwealth of Pennsylvania and take depositions in the trial of causes, do hereby certify that the foregoing is the testimony of MELISSA LAUGHMAN. i I further certify that before the taking of said deposition, the witness was duly sworn; that the questions and answers were taken down stenographically by the said reporter Virginia Loria, a Reporter Notary-Public, approved and agreed to, and afterwards reduced to typewriting under the direction of the said Reporter. I further certify that the proceedings and evidence contained fully and accurately in the notes by me on the within deposition, and that this copy is a correct transcript of the same. In testimony whereof, I have hereunto subscribed my hand this 22nd day of March, 2000. Virginiaf Loria, RPR My commission expires: May 17, 2003. GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577 Y1% nh- IS I AU 717 1Iti IP- ; L .1 f CD.I. ,MONWEALTI I OF PENN 'MOF DAUPHIN 12-2-03 DAVID H. JUDY r» 50 CANAL STREET ROYAL;PON, PA L_ t7171944-4463__. i 17057-00000 aR10,N7 . DA iE -0 SERVII:G CC3755 _ _ ... _ TOTAL AL COMPLAINT 14W E .1 4? 1 i 4 jttef-i{? ?-i:. J J VS. DEFENDANT NAVE I -C 7- !c.f 64fr2_. [-? ? a C_1t2; 1?Y,1s+Gt rnI ???ioZ? IDockctNo: CV-305-98 I Date t=iled. 9-16-98 =P 1 J 1 J TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you fo Srt!' D C G ! together with costs upon the following claim (Civil fines must include cda o` of Ihatute or ordinance violated)' c<,mCtoc{.?..i"Itt r rtn\c 7rurc:t? G•<?:?.tL.t-? !?r.l?v ri?c z. (7??1 rsn 1r4 marl +? ern L,? EI?eG! - 4.. ,„: r ie Cif ?i !e? I ?1e.r a?N lit ?( C1 -J-i•?? i?yYl-_ !`:S ??. \ir 'I? ? rc)?cil-c%: C.?'•.C L.-?'(?c..?- Lu•ltv5 -?I. ,s ??'?Cf?[•..r? 4:.`GS 7?i C?. .`t 1-11 0;5?y,,..r, c:Rd? ? ?,t?? CSenwl e_rY,s be!? :^l 4a rY;E e wAS-4-!?e.r? wr`ES? 6.r? '-r-,--cl.^'Sh,, tx::-??t ,?,r.?-??Y ??rr_ti?f L WV,_ \A;ti?? ?. e I rG „ 1 t. 11 •.- !:lilt rA;1 c41.L?ItJy?p DI45bf'!tr:?'_.fKM ) : f t ti' '?i:?>t^t;:o 1'1r ?5e.1.L rC?YVI L.-L?WD,\ r+ ec I11 :' VYtC' tJI\ 1tL%•? C1-rah: f'? L?,C'.iS jrcn -Ifn `t'? ttiT? ?.-'tt, f"'`ul S!-e? SG'!A ?7"?TJtt 1•? ('_Ci\tClCa %A i'?°..\ • .Y r; i ., Y` 5 , '' ° '1 ( .S-C'3~-•LSJ`I "iR-''?1 I^i ` l: M a t 1'L.': ;r,JU\ : L \h '?i 1•lL: !??' ?-? L:-L7 7 J r t71c Lj.,4 ?1 ufi '7 4.%n ti I, : \/ i F r r `r?? 1n) ? ° _ A ! //;> ft ?errfy tfiat the)facts setforlh in this complaint are true and coriect to the best of my knowledge, information. and belief. This statement is made subject to the penalties of ' ;q.rw 1r f. Section 4904 of the Crimes Code (TB PA. S.C.A. 5 4904) related to unsworn falsification to authorities. Qf l;.?e Y iS?nTUre of Ptam:M of A:nhFnzea Aocrtl 713 n:jc IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT. NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE_ NUMBER YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOUINM JUDGMENT %-Vil . BE ENTERED AGAINST YOU By DLFAULT. I` you have a claim against the plaintiff which is Within district justice jurisdiction and which you intend f- ? ? to assert at the hearing, you must 51e it on a complaint form at this office at least five (5) days before m O the date set for the hearing If you have a claim against the plaintiff which is not within district justice = t jurisdiction, you may request information from this office as to the procedures you may follow. If you x are disabled and require. assistance, please contact the Magisterial District office at the address lu above. n AOPC 3c&h. COMMONWEALTH OF PENIS. LVANIA CQUNTY OF: DAUPHIN MoD Dm No. 12-2-03 OJ liamo DAVID H. JUDY /bJ1V55 50 CANAL STREET ROYALTON, PA TdIeDwc. (7171 944-4463 DAVID H. OUDY 50 CANAL STREET ROYALTON, PA 17057-0000 THIS IS TO NOTIFY YOU THAT: Judgment: 0 Judgment was entered for: NOTICE c.r JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME ar ADDRESS FLAUGHMAN, MELISSA ANNE 1 18 N. 7TH STREET LEBANON, PA 17046 I_ DEFENDANT: VS. NAMEJb ADDRESS 17057-0000 FBECKEY, BARBARA 1595 N. DEODATE ROAD ELIZABETHTOWN, PA 17022 J 1 t_ J Docket No.: CV-0000305-98 Date Filed: 9/16/98 -FOR DEFENDANT (Name)_Bpr zpy, RARRARA 0 Judgment was entered against: (Name) LA1T(;RMAN MRT TggA ANNE in the amount of $ na on: (Date of Judgment) _ 11 /1 7/qR Defendants are jointly and severally liable. (Date & Time) F] Damages will be assessed on: F7This case dismissed without prejudice. E] Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Levy is stayed for days or ? generally stayed. Objection to levy has been filed and hearing will be held: Date: Time: Place: Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Certified Judgment Total $ nauaa ,(f 0 L ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUD1G(I ENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. ! 'I 11-"t i-Pt Date District jJssice I certify that this is a true and correct copy of theireCardlof the proceedings containindAe judgma?int, Date District Justice . r My commission expires first Monday of January. 2000 r, `,SEAL, •;: o AOPC 31596 r ••••••`"" 511\L\l•. .y COMMONWEALTH OF PENNv,VANIA COUNTY OF: DAUPHIN SUBPOENA Ma; D.fL No. PLAINTIFF: CIVIL CASE 12-2-03 DJNJmu' Man. rLAIIGHMAI?1 NAME a, ADDRESS , MELISSA ANNE 1 DAVID H. JUDY 18 N. 7TH STREET 50 CANAL STREET LEBANON, PA 17046 ROYALTON, PA L rewplanu: (717) 944-4463 17057-0000 DEFENDANT: vs. r NA&'Eaw ADDRESS „ BECREY J , BARBARA WITNESS FOR PLAINTIFF 1595 N. DEODATE ROAD ELIZABETHTOWN, PA 17022 RICHARD D. CASSELL L 27 E. MAIN STREET J MECHANICSBORG, PA 17055 DocketNo.: CV-0000305-98 p(5f ; LT "-! Date Filed: 9116198 TO: CASSELL, RICHARD D__ 0 (Name al Wool r t. You are ordered by the court to come to: Event: CIVIL ACTION HEARING Time: 9:00 AM 50 CANAL STREET ROYALTON, PA 17057-0000 to testify on behalf of LAIIGHMAN, MELISSA ANNE in the above case, and until excused. and require assistance, please contact the Ma gisterial District office at heladdress above!f you are disabled 2. And bring with you the following: (complete if applicable) r- This subpoena is issued upon application of LAIIGHMAN, MELISSA ANNE 10-20-98 Date District Justice WARNING: Failure to comply with this subpoena may result in a finding of CRIMINAL CONTEMPT pusuant to 42 Pa.C.S. § 4137. This offense is punishable by a fine and/or imprisonment. My commission expires first Monday of January, 2000. EXHIBIT SEAL rr0 AOPC 604.94 - 1/7n C - COMMONWIALTN OF PENNSYLVANIA COURT Or COMMON PLEAS 1.1 i JUDICIAL DISTRICT I I "tOM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na NOTICE OF APPEAL Notice is givers that the appellant has filed in Ilse above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. I ( (, N)._ (fiY+,??4A rNa s. N? rep , / I- C ?n nn?1 cv 19 ?=! ! LT 19 be signed ONLY when this rotation is required under Pa I008B. This Notice of Appeal, when received by the- District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signafura or Plushwlotmy a Depsdy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, doLxh from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon A.I. or arw:15.Y S) F- Nn, I It appellant was BLAIMANT (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. appellee(s), to file a complaint in this appeal (Common Pleas Na ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. &gwrl u or OPPO VU or nn aflww.y or Agent RULE: To , appellee(s). N;nk w Iysva5AYs1 (1) You are notified that a rule is hereby entered upon you to rile 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. (9) The date of service of this rule if service was by moil,is the date of mailing Date: , 19_. - 9g a wtt of r?y w Deputy Aon Stl•er APPELLANT'S COPY MELISSA LAUGHMAN, PLAINTIFF V. RICHARD CASSEL, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-6730 CIVIL TERM IN RE: MOTION OF PLAINTIFF TO REINSTATE AN APPEAL ORDER OF COURT AND NOW, this 4-yl? day of April, 2000, the motion of plaintiff to reinstate an appeal, IS DENIED. Linus E. Fenicle, Esquire For Plaintiff Steven Howell, Esquire For Defendant By the Court, ;7 Edgar B. Bayley, J. RK3 :saa MELISSA LAUGHMAN, PLAINTIFF V. RICHARD CASSEL, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-6730 CIVIL TERM IN RE: MOTION OF PLAINTIFF TO REINSTATE AN APPEAL OPINION AND ORDER OF COURT Bayley, J., April 26, 2000:-- Plaintiff, Melissa Laughman, entered suit against defendant, Richard Cassel, before a District Justice seeking damages on a claim that defendant appropriated to his own use various items of her personal property. On October 27, 1999, the District Justice entered judgment for defendant. On November 5, 1999, plaintiff filed an appeal from the judgment in this court. Plaintiffs complaint was filed of record in the office of the Prothonotary on December 1, 1999. On December 16, 1999, defendant filed a praecipe to strike the appeal and the appeal was stricken by the Prothonotary. On December 23, 1999, plaintiff filed a motion to reinstate the appeal. A Rule was entered against defendant with an order that the motion would be decided pursuant to Pa. Rule of Civil Procedure 206.7. Defendant filed an answer with new matter to which plaintiff filed a reply. The depositions of three persons were taken and the issues have been briefed and are ready for decision. The basis of defendant's praecipe to strike the appeal was a violation of 99-6730 CIVIL TERM Pa.R.C.P.D.J. No. 1006, which provides: Upon failure of the appellant to comply with Rule 1004A or Rule 1005B, the prothonotary shall upon praecipe of the appellee, mark the appeal stricken from the record. The court of common pleas may reinstate the appeal upon good cause shown. (Emphasis added.) Pa.R.C.P.D.J. No. 1004(A) provides: If the appellant was the claimant in the action before the district justice, he shall file a complaint within twenty (20) days after filing his notice of appeal. Pa.R.C.P.D.J. No.1005(B) provides: The appellant shall file with the prothonotary proof of service of copies of his notice of appeal ... within ten (10) days after filing the notice of appeal. As to the requirement in Rule 1005(8), that appellant must file with the prothonotary proof of service of copies of the notice of appeal within ten days after filing, the form of service is set forth in Rule 1005(A), that provides: The appellant shall by personal service or by certified or registered mail serve a copy of his notice of appeal upon the appellee and upon the district justice in whose office the judgment was rendered.... (Emphasis added.) Plaintiff filed proof of service of the Notice of Appeal in the office of the Prothonotary on November 9, 1999, four days after she filed her appeal. That document contains her sworn affidavit that she served copies of the Notice of Appeal upon the District Justice on November 8, 1999, "by personal service," and on defendant Richard Cassel on November 9, 1999, "by personal service." In her deposition plaintiff admitted that her sworn affidavit was not correct. She testified that what she actually did was -2- 99-6730 CIVIL TERM send copies of the Notices of Appeal to the District Justice and to defendant by regular mail. However, defendant testified in his deposition that he never received a copy of a Notice of Appeal by regular mail or otherwise. Filing under oath with the Prothonotary a blatantly incorrect proof of service of the Notice of Appeal does not satisfy the requirement of Rule 1005(8). Notwithstanding, plaintiff argues that because both the District Justice and defendant ultimately learned of her appeal that it still should be reinstated for good cause shown under Rule 1006. The fallacy in this argument is that there is no credible evidence that defendant himself was ever served a copy of the Notice of Appeal even by regular mail. See Howland, Hess, Guinan & Toprey v. Perzel, 667 A.2d 1163 (Pa. Super. 1995). We conclude, therefore, that plaintiff has not shown good cause for reinstating her appeal. This resolution makes it unnecessary to address the other issue raised by defendant which is that when plaintiffs complaint was filed on December 1, 1999, Rule 1004(A) was violated because the complaint was filed twenty-six days after the filing of the Notice of Appeal on November 5, 1999. Accordingly, the following order is entered. ORDER OF COURT AND NOW, this 2Drf? day of April, 2000, the motion of plaintiff to reinstate an appeal, IS DENIED. -3- 99-6730 CIVIL TERM Linus E. Fenicle, Esquire For Plaintiff Steven Howell, Esquire For Defendant :saa By the Court, Edgar B. Bayley, J., -4- September 6, 2000 Ms. Melissa Laughman 1101 Chestnut Street, Apt. 1 Lebanon, PA 17042 Dear Ms. Laughman: In response to the recent letter you wrote to Judge Bayley regarding your case against Richard Cassel at 99-6730 Civil, the judge cannot provide you with legal advice. Very truly yours, Richard J. Pierce Court Administrator F i),V-( ilk /rte E r September 6, 2000 Ms. Melissa Laughman 1101 Chestnut Street, Apt. Lebanon, PA 17042 Dear Ms. Laughman: In response to the recent letter you wrote to Judge Bayley regarding your case against Richard Cassel at 99-6730 Civil, the judge cannot provide you with legal advice. Very truly yours, Richard J. Pierce Court Administrator RJP:saa j I. yl ¢ Lv TYL(A OL.cc? Ol- g. ?, a C?? adz-t?rm CLA OL, taca Wtl Kam' ( ^ k6--?.Cg c)Lt -L?t -;Uj LLAki)Cw C, 011-" OIA - at 0, ?lj ws,?,ld ?.1z.? rn?? ,t•??.?a-?-?e- ?tP,? •.S? w-b„?.ld? .1.?..? ?. a-'a.k tlij-Q- a .V\ OL Ju o--. 9.o-L-k a?-„? d. J Lx" -AA.Z c??+dL?.c9-- -?de.l??n.?mt ?C I. Ck- ?l w a1 A, S (YVt o ?n of o, r so aLd Q, .r C,- sic 0 "L `. .&J,-a-, _,k,4 n J,-L,.3 a is ?.. apv,? J." ?aA -?-t WCLI) Vuourj) uz JAI dzc??-t?) rylo- ? -I -aooo? 306 Prn •S `y- MELISSA LAUGHMAN, PLAINTIFF V. RICHARD CASSEL, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 99-6730 CIVIL TERM IN RE: MOTION OF PLAINTIFF TO REINSTATE AN APPEAL ORDER OF COURT AND NOW, this vPh day of April, 2000, the motion of plaintiff to reinstate an appeal, IS DENIED. By the Edgar B. Bayley, Linus E. Fenicle, Esquire For Plaintiff Steven Howell, Esquire For Defendant :saa In T nd and ti 00 This Prothonotary l? MELISSA LAUGHMAN, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RICHARD CASSEL, DEFENDANT 99-6730 CIVIL TERM IN RE: MOTION OF PLAINTIFF TO REINSTATE AN APPEAL OPINION AND ORDER OF COURT Bayley, J., April 25,2000:-. Plaintiff, Melissa Laughman, entered suit against defendant, Richard Cassel, before a District Justice seeking damages on a claim that defendant appropriated to his own use various items of her personal property. On October 27, 1999, the District Justice entered judgment for defendant. On November 5, 1999, plaintiff filed an appeal from the judgment in this court. Plaintiffs complaint was filed of record in the office of the Prothonotary on December 1, 1999. On December 16, 1999, defendant filed a praecipe to strike the appeal and the appeal was stricken by the Prothonotary. On December 23, 1999, plaintiff filed a motion to reinstate the appeal. A Rule was entered against defendant with an order that the motion would be decided pursuant to Pa. Rule of Civil Procedure 206.7. Defendant filed an answer with new matter to which plaintiff filed a reply. The depositions of three persons were taken and the issues have been briefed and are ready for decision. The basis of defendant's praecipe to strike the appeal was a violation of 99-6730 CIVIL TERM Pa.R.C.P.D.J. No. 1006, which provides: Upon failure of the appellant to comply with Rule 1004A or Rule 1005B, the prothonotary shall upon praecipe of the appellee, mark the appeal stricken from the record. The court of common pleas may reinstate the appeal upon good cause shown. (Emphasis added.) Pa.R.C.P.D.J. No. 1004(A) provides: If the appellant was the claimant in the action before the district justice, he shall file a complaint within twenty (20) days after filing his notice of appeal. Pa.R.C.P.D.J. No.1005(B) provides: The appellant shall file with the prothonotary proof of service of copies of his notice of appeal ... within ten (10) days after filing the notice of appeal. As to the requirement in Rule 1005(B), that appellant must file with the prothonotary proof of service of copies of the notice of appeal within ten days after filing, the form of service is set forth in Rule 1005(A), that provides: The appellant shall by personal service or by certified or registered mail serve a copy of his notice of appeal upon the appellee and upon the district justice in whose office the judgment was rendered.... (Emphasis added.) Plaintiff filed proof of service of the Notice of Appeal in the'office of the Prothonotary on November 9, 1999, four days after she filed her appeal. That document contains her sworn affidavit that she served copies of the Notice of Appeal upon the District Justice on November 8, 1999, "by personal service," and on defendant Richard Cassel on November 9, 1999, "by personal service." In her deposition plaintiff admitted that her sworn affidavit was not correct. She testified that what she actually did was -2- 99-6730 CIVIL TERM send copies of the Notices of Appeal to the District Justice and to defendant by regular mail. However, defendant testified in his deposition that he never received a copy of a Notice of Appeal by regular mail or otherwise. Filing under oath with the Prothonotary a blatantly incorrect proof of service of the Notice of Appeal does not satisfy the requirement of Rule 1005(B). Notwithstanding, plaintiff argues that because both the District Justice and defendant ultimately learned of her appeal that it still should be reinstated for good cause shown under Rule 1006. The fallacy in this argument is that there is no credible evidence that defendant himself was ever served a copy of the Notice of Appeal even by regular mail. See Howland, Hess, Guinan & Toprey v. Perzel, 667 A.2d 1163 (Pa. Super. 1995). We conclude, therefore, that plaintiff has not shown good cause for reinstating her appeal. This resolution makes it unnecessary to address the other issue raised by defendant which is that when plaintiffs complaint was filed on December 1, 1999, Rule 1004(A) was violated because the complaint was filed twenty-six days after the filing of the Notice of Appeal on November 5, 1999. Accordingly, the folldwing order is entered. ORDER OF COURT AND NOW, this day of April, 2000, the motion of plaintiff to reinstate an appeal, IS DENIED. -3- I? 99-6730 CIVIL TERM Linus E. Fenicle, Esquire For Plaintiff Steven Howell, Esquire For Defendant :saa By the Edgar B. -4- , ?? rjrl .j i ? 'i. U w 7 C f- UG:- F. u N Q -C- o ?s ti L LL J I C ' •?j C 3 C •? n a ?, in Q n ? c n c o C/? ? a 5_ c 3f V S 0 0 P a to 0 H N t-m ,•4 ¢N i u? r•? i