HomeMy WebLinkAbout07-2397
CO~IIIMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of L~„at~R-11
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. Q'7- a3 >'`7 C~
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
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This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDERS to the judgment for possession in this case.
Signature of Prothonotary or Deputy
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was
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in
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the 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.D.J. 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 ~USS f {~ $ S FFt} V~f}h14ss Y appellee(s), to file a complaint in this appeal
Name of appellees)
(Common Pleas No. Q'~ _ X9'7 ~~ )within twenty (20) days after service of rule or suffer entry of judgment of non pros.
0
Signature of appellant or atlomey or agent
RULE: To -~ i r~fi ~, S~.WH N~ SS ~~ , appellees)
Name of appellees)
(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 MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: Z , 20 () 7
SignatureofP onota Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTlTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANT'S COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
PROOF OF SERWCE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
^ a copy of the Notice of Appeal, Common Pleas ,upon the District Justice designated therein on
(date of service) , 20 ^ by personal service ^ by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) , on
20 ^ by personal service ^ by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED} AND SUBSCRIBED BEFORE ME
THIS DAY OF , 20 signature of afhant
Signature of official before whom affidavit was made
Title of official
My commission expires on , 20 ~ o O
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COMMONWEALTH OF PENNSYLVANIA
CnUNTY OF. CDMSSI+tT.~:at~
Mag. Dist. No.:
09-1-02
MOJ Name: Hon.
ROBERT V. MANLOVB
Address: 1901 STATE 3T
CAMP HILL, PA
Telephone: (717) 761-0583 17011-0000
ATTORNEY DEF PRIVATE
RATSHIR, GREGORY JOHN
900 MARKET ST
LEMOYNE, PA 17043
THIS IS TO NOTIFY YOU THAT:
Judgment: FOIL PLAINTIFF
NOTICE OF JUDGMENTITRANSCRiPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
rSHAIIC#SIf188SY, JOSEPH B ~
1005 E COOV$R ST
MECHANICSBDRG, PA 17055
L -~
VS.
DEFENDANT: NAME and ADDRESS
rCHAitLEB FORRIERS ~
322 S FRONT ST
~PORMLEYSSIIRG, PA 17043
L -~
Docket No.: CV-0000033-07
Date Filed: 1/22/07
(Date of Judgment) 3/28/07
® Judgment was entered for: (Name) SBAIIaB1TSSSY, JOSEPB B
® Judgment was entered against: (Name] C8A>RI~$S FARRIERS
2 591 0
in the amount of $ '
Defendants are jointly and severally liable.
Damages will be assessed on Date & Time
This case dismissed without prejudice.
Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
Portion of Judgment for physical damages arising out of
residential lease $,
Amount of Judgment $ 2.500.00
Judgment Costs $ 1.00
Interest on Judgment $ ~0
Attorney Fees $ . 00
Total $ 2, 591.00
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
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, GIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROGESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE .
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
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`"=` 1 •~ ` ' -• ~ Date '~~ , M~giste~rii~l District Judge
I certify that this is a true an~ cof'rec xopy of thg r~eco ceedings coratairi.ing~the judgment.
A
.~~ °~~ ;' Date y ~ ;Magisterial District Judge
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My commission expires first Monday of January, 2012
AOPC 315-06
DATL PRINTED: 3/28/07
1:31:00 PN
. ~~AL.
PLAINTIFF vs. DEFENDANT
Common Pleas No. 07-2397 Civil
COMPLAINT
Plaintiff: Joseph B. Shaughnessy
1005 E. Coover Street
Mechanicsburg, PA 17055
Defendant: Charles Furriers
322 S. Front Street
Wormleysburg, PA '7043
ATTACHMENTS
A -Peter Duffy Fur Appraisal dated June 30, 2006
B -Peter Duffy Fur Appraisal dated December 8, 2000
C -Charles Furriers Consignment Invoice dated November 10,
2006
D - Muscalus Fur Appraisal dated January 10, 2007
STATEMENT OF JOSEPH B. SHAUGHNESSY
Upon the death of her aunt, Margaret T. Flanagan of New York
City on May 17, 2006, my wife, Helen T. Shaughnessy of
Mechanicsburg, PA, inherited all of her aunt's personal property
which included a custom-made, full length all-natural female
blackgama mink coat.(See Attachment A).
Miss Flanagan's files indicated that the subject fur coat was stored
at Peter Duffy Furs, Inc. of New York City, the furrier from whom
Miss Flanagan had purchased the coat. As indicated in Attachment
B, the retail valuation was determined to be $9500.00 on December
8, 2000.
The subject fur coat was picked up by me at Duffy's Furrier on
June 30, 2006 at which time a new appraisal was obtained
determining that the retail value of the coat on that date was
$6000.00.(Attachment A).
When our youngest daughter tried on the coat, the hem reached her
shoetops, the sleeves were approximately an inch short, the coat
closed at the throat line and the chest line was a bit snug. When it
was determined that none of our three daughters wanted the coat, it
was decided to sell the coat and donate the proceeds to the church
or a reputable charity.
The subject coat was brought to Charles Furriers on November 10,
2006. I asked if they wanted to purchase the coat. I presented both
Peter Duffy Fur Appraisals(Attachments Aand B), to Mr. Charles
Simpson, the owner, and his daughter, name unknown. Mr.
Simpson spent ten minutes inspecting the coat and said, "I'll give
you a couple of hundred dollars for it." I declined since I knew the
real value of the coat. That is when his daughter suggested that I
put it on consignment. She stated that November thru March is
when people purchase fur coats because of the cold weather. I
agreed to put the coat on consignment for two months for a fee of
$25.00 per month.
The daughter handed me a Charles Furriers blank invoice
(Attachment C) and requested that I fill in my identifying
information. When it came to completing a description of the coat,
she stated that I should just say Black Mink Coat. I PRINTED my
name, address, telephone number, date, coat description and
affixed my signature (HIGHLIGHTED). All other writings~on the
invoice are hers which includes the lenEth and width of the coat.
When I informed her that we were willing to sell the coat for a
minimum of $2500.00, she stated that we should ask for a higher
price and suggested that we should ask for a price range of
$2800.00 to $3500.00 which she affixed to the invoice. This, after
her father was offering a couple of hundred dollars.
Since we had not be contacted by Charles Furriers by early
January, we decided to pick up the coat and try to sell it elsewhere.
I called Charles Furrier on January 2, 2007 and spoke with the
daughter's husband, name unknown, and informed him that I was
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coming in to pickup our coat. He informed me that he didn't know
where the coat was (I thought this kind of strange since there
appears to be at least 1000 coats in that store and they have a
computer system.....note the red stamp "ENTERED" on
Attachment C), that his wife was sick and that I should call back on
January 3rd. A few hours later, the husband called me at home and
informed me that they had sold the coat for $2500.00 but the buyer
wouldn't have the funds until Friday, January 5'~. I informed him I
would call on Friday.
I called on Friday and was informed by the husband that the buyer
changed her mind since she couldn't come up with the funds. I
informed the husband that I would pick up the coat on Saturday,
January 6, 2007.
On Saturday, January 6, 2007, when I arrived at Charles Furrier,
here comes Mr. Simpson with a black mink coat wrapped in
cellophane which he places on a hook in front of the counter. I
looked at the coat and saw the Peter Duffy label sewn in the collar
and the Peter Duffy storage label (NOTE: label includes name, type
of coat and that the coat contains a monogram "MTF") pinned to
the breast of the coat. Assuming that the coat was ours, I departed
after the husband affixed "OUT 1-6-06" on my copy of the invoice.
When I arrived home my wife checked the coat and determined that
it was not the coat we had put on consignment. Her aunt's
monogram was missing which had been embroided inside the coat
and that the coat was approximately 14 inches shorter. Also, that
the shade of the mink pelts were different and that a
manufacturer's label was sewn in the inside pocket with the style
number, size and stock number which indicated that the coat was
not custom- made as was the coat we placed on consignment. Our
youngest daughter tried the coat on; the hem of the coat ended just
a
below her knees, her hands were lost in the sleeves, the coat opened
to the bust line and the chest area was very loose. We assumed that
we had been given the wrong coat.
On Tuesday, January 9, 2007, my wife and I took the coat back to
Charles Furrier and informed them that they had given us the
wrong coat. The daughter insisted that they had given us the coat
we placed on consignment. When I asked why the coat they
returned to us was approximately 14 inches shorter(NOTE: she is
the one who wrote on the invoice that our coat had a length of 50
inches and a sweep of 70 inches) than the coat we put on
consignment and did not have her aunt's embroided initials, she
responded, " I'm a Minister of the Word, I wouldn't lie. Maybe
someone came in your house and switched coats." After much
interaction of words, I informed them that I was going to take
appropriate action.
On Wednesday January 10, 2007, I took the coat they had
substituted for our coat to Muscalus Furs in Harrisburg, PA and
paid for an appraisal(Attachment D).
APPRAISAL DIFFERENCES
Peter Duff Aapr~ sal
Natural Blackgama, Fully Let Out, Female Pelt Mink: Length 50
inches: Sweep 70 inches. Monogram "MTF" embroided inside coat.
Muscalus Furs
Dyed Black Mink, Male Pelts: Length 36 1/2 inches: Sweep 76
inches. No Monogram. Coat contains a manufacturers label on the
4
inside pocket which indicates that the coat is not custom made.
I am alleging that Charles Furriers is involved in Theft By
Deception as it relates to the coat we put on consignment by
switching labels and attempting to return a fur coat which is clearly
not the coat we put on consignment. I reported the theft to the West
Shore Police Department(Officer Strayer) who checked with the
District Attorney's Office. The DA opined that the matter is best
resolved at the District Justice level.
The information outlined above was submitted to the West Shore
Police Department and to District Justice Manlove at a hearing on
March 28, 2007.
DISTRICT JUSTICE HEARING
At this hearing, both Mr. Simpson and his daughter, under oath,
denied that they had ever viewed the Peter Duffy Fur
Appraisals...not true. Mr. Simpson denied that he inspected the
coat upon my initial visit....not true. He claimed that he did not see
me until my second visit when I picked up the coat...not true. He is
the one who offered me a couple of hundred dollars for the coat
after inspecting the coat for ten minutes upon my initial visit.
Miss Simpson claimed that she did not see the appraisals yet wrote
the length and width of the coat on the invoice which she obtained
from the Peter Duffy Appraisal Forms. She claimed that I had given
her the measurements from a little piece of paper.....not true.
I am a Retired Marine Corps Officer. In between infantry tours, I
served as a Criminal Investigator. I am also retired from the
Commonwealth where I worked for the Department of Corrections,
Pennsylvania State Police and the Attorney Generals' Office. Upon
s
my initial visit to Charles Furriers, and based on my background, I
assumed that they would require proof of ownership since I could
have illegally obtained the coat. I brought with me not only the two
Peter Duffy Appraisal Forms, but also a certified copy of the aunt's
death certificate, Letter of Testamentary from the Probate Court of
New York and even of the aunt's will wherein she left the coat to
my wife. In addition, my wife was standing by to show
identification, if needed.
Neither Mr. Simpson or his daughter requested proof of ownership
as would any legitimate business. I offered both appraisal forms
which both Mr. Simpson and his daughter reviewed.
At the hearing, Judge Manlove not only observed Miss Simpson
measure the fur coat(See Attachment D) substituted for our coat
wherein he caught Miss Simpson misstating the measurements but
also called Peter Duffy Furs in New York City. In a lengthy
conversation with a Duffy official, Judge Manlove determined that
fur coat returned to us was not a Duffy fur in that Duffy Furs
monogram every coat, custom- make fur coats which do not have a
manufacturer's label on the inside pocket and do not cross-stitch
labels as was evident in the coat returned to us. It was quite
apparent by the stitch marks that the Duffy label was placed over
another label. Consequently, Judge Manlove found for the plaintiff.
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S~H B. SHAD E Y, Plaintiff
pril 30, 2007
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Peter Duffy Furs, Inc
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We .have this day examined and appraised the `
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NATURAL TOP OF THE LINE BLACKGLAMA FULLY LET QU
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STRAIGHT SLEEVE WITH TOP CUFFS AND ASHAWL-WING :
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1AL1AT1ON .FURRIERS WORMLEYSBURG, PA. 17043
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FURS ~~
4669 JONESTOWN ROAD
HARRISBURG, PA. 17109 ~ •
PHONE: 545 '9878
This is to Certify liioi2oo~
WE HAVE THIS DAY EXAMINED AND APPRAISED THE
Dyed Black Mink Stroller- male pelts
Fur Origin Unknown
Length: 36 1/2 inches
Sweep: 76 inches
Collar: Small Shawl
Sleeve: 14" deep Dolman w/Top Cuff
Monogram
OF
Joseph Shaughnessy
1005 E. Coover ST
Mechanicsburg PA 17055
HAVE DETERMINED ITS PRESENT RETAIL
REPLACEMENT VALTJATiON TO I3E
FOR INSURANCE PURPOSES ONLY
MUSCALUS FURS
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'f COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of Ct~M~II~NO
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. O7- ~ ~ ~~
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
NOTICE OF APPEAL
FROM
~~~s t~ws~, T/-~"~~ OMR~ ~~tR ~ 0~ ~ l - 0~ ~ I~oQ>btT v h?p-IVitov ~
^~~~~~~~~~r~-`~^~~ ~~~ ~ ~.~~r JIAIt LIV VVUt
DAT~O~J~ ~~ IJi fRV~~NIPtaintifl) ~,~I,.,, ` ~ ~ ~ t , (Datenl~
DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT
. "~ -
This block will be signed ONLY when this notation is required under Pa. If appellan was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDERS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
Sgnature of Prothonotary or Deputy
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.D.J. 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 ~iJ~S ~ ~ ° _ li A V6 +~tJ ~ ~ 5 Y appellee(s), to file a complaint in this appeal
Name of appellees)
(Common Pleas No. ~~' ~~~~ ~ )within twenty (20) days after service of rule or suffer entry of judgment of non pros.
~'~ ~
I ~ ~~
Signature of appellant or attorney or agent
RULE: To "~~ 5 FFH )~ . ~ ttAt)G I+ N S~ sS ~ / , appellees) ~
Name of appellees)
(1) You are notified that.a rule as .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 PBtsohaPsetvice;Q~ by certified or registered mail.
(2) If you do r~c~",fileie complaint within,tfr}I's tjme, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The da#g 0~ service of this rule if service: was by mail is the date of the mailing.
r._
Date: ~~~~.s7 ~ . 20 ~ ~ ~," °.Cytw_ ~ >~'A~1? ?.~ . ~ -
~Ct"""~ ~ ~" ~'
~ SignatureofProthonota or Deputy
YOU MUST INCLUDE A COPY QF`THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
,~~. .
AOPC 312-02
WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANT'S COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
~ ~
PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER Kling of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
^ a copy of the Notice of Appeal, Common Pleas b7. ~q-~ ,upon the District Justice designated therein on
(date of service) , 20 ^ by personal service ^ by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) , on
20 ^ by personal service ^ by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED)AND SUBSCRIBED BEFORE ME
THIS ~ `_,DAY OF a , 20~~.
Sign re of ofl ' I before whom affidavit was made
~~
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Signature of afiiant
C TM OF l~NNSr1.V ANIA
tine of ciai TRACY K KATSHIR. NOf~y Pub11C
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