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HomeMy WebLinkAbout08-0013 ;UMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of C aM &rG(xA NOTICE OF APPEAL FROM o //0 21.0 P DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. © Y- 13 C,`L, l ! u, , 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. 4 0rrea ra ti it s 1J)'9 Ott R - i U le- DATE OF JUDGMENT HE CASE OF( Plemr (Ddardant)- 0- D i e k a n n ."Zf sr tl e_" l.: 1/- 0000fyT0-- I This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. TX rV1 & &e, AI & 7)ce.,, If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Si"W-dR 1hondwyaDo" 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 Name of appe#Ws) (Common Pleas No. appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant orattomey or agent RULE: To , appellee(s) Name of appeMee(s) (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: ,20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing 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 aunt Signature of official before whom affidavit was made Tide of official My commission expires on 20 f Ll 5L U E') o ? rn s'r r .. z . , Z MM zI ?Cm , V C N I COMMONWEALTH OF PENNSYLVANIA 'COUNTY OF: CUMBERLAND May. Dlsi. No.. 09-2-01 MDJ Name: Hon. PAULA P. CORREAL Address: 2260 SPRING RD SUITE #3 CARLISLE, PA Telephone: (717 ) 218-5250 17013-0000 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FROSANN BORTNER DBA LOCUST CRK ACREi 755 GRAHAMS WOOD RD NEWVILLE, PA 17241 L J VS. DEFENDANT: NAME and ADDRESS rMAGNI, MRS. LYDIA 84 OLD BARN LANE NEWVILLE, PA 17241 RO%ANN BORTNER DBA LOCUST CRK ACRES-. L J 355 GRAHAMS WOOD RD Docket No.: CV-0000149-07 %NBWVILLE, PA 17241 'Date Filed: 10/01/07 THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFENDANT (Date of Judgment) 12/20/07 ` ® Judgment was entered for° (Name) MAGNI, MRS. LYDIA ® Judgment was entered against: (Name) ROSANN BORTNER DBA LOCUST CRK in the amount of $ • 0 Defendants are jointly and severally liable. Amount of Judgment Judgment Costs $ .00 $ .6-0 Damages will be assessed on Date & Time i Interest on Judgment $ . 00 Attorney Fees $ .00 This case dismissed without prejudice. 00 " Total $ . . Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Post Judgment Credits L44 a $ (Q --W- $ Post Judgment Costs $ F1 Portion of Judgment for physical damages arising out of T residential lease $ 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, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF TkiIS 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 JUDGMENT 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 PROCESS 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. Date I certify that this is a true an copy of Date My commission expires first Monday of January, 2012 AOPC 315-07 DATE PRINTED: 12/20/07 Magisterial District Judge containing the judgment. , Magisterial District Judge SEAL 3:03:00 PM a r s (' , m °C -?7 C3 Er f Er f C3 O F 4; f r Postrrk C( c e r H C3 : h do O (I j u e* 1 Er .? t r ---- C3 - 0 S E ; Ip to. r??' r? OI 'C 7a D. G to IP U.S . Post al Ser vice, ,, CE RTIF IED MAIL ,, REC EIF (Do mestic M ail Only ; No Ins urance C overal For d eliver inf ormatio n i it y v s o ur website a t www m I r- Postage $ IT' Q Certified Fee CI _ Return Receipt Fee CCJ (Endorsement Required) 7 t F;stemreark Restricted Delivery Fee ~ (Endorsement Required) 6,, a J Total Postage & Fees Sent To C ?t av y treet, Apt. No.; ?j r/ t /?Jv / O or PO Box No. 0 T L ------------City, Slate, Z/P+4 ------ -°1--°-----.•................ IN r c) ' SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (Taxis pi )f it- u? . t <r FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF a ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas o ? /3 upon the District Justice designated therein on (date of service) D 20 (') ? by personal service Fkrb certified registered) mail, sender's receipt attached hereto, and upon the appellee, (name) L y a rr ae p j on 1- U 20-P-L ? by personal service (? b ertifi egistered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) A SUBSCRIBED BEFOR ME THIS DAY OF 20 PT - S ure of official before whom affidavit was made N 0f > Title of official ?O? My commission expires on ??. 20 `'_.Y _ NOTARIAL SEAL KER, NOTARY PUBUC EMCLAUy DIA A. BREWBA Ca mberland Courtty rlisle Boro. Cu Commission Expires April l 4, 2009 0 75tet- Signature of atrient cz -ptm C- I" rn ss u # CID cc) ?? -vi ,- ? ? c C-1 rn _ _ 90 I COMMONWEALTH OF PENN,TLVMIIa COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM r; a DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0 x'- /--; i? n „, 11 \' x; ,0A. - ... NOTICE OF APIAL Notice is given that the appellant has filed in the above Court df Common Pleas akappeal from the judgment rendered by the District Justice on the date and in the case r fpmnced below. t?1ANol L yr u k t ?r''c* or Arno NAME Ofi y .? z; y? /L'? / try .1 MAG.DIST NO. y 9- -?.o - x n ADDRESS OF APPELLANT . , n CRY / A STATE DP CODE DATE OF JUDGMENT ML E CASE OF (F`bb!Ntl . 0 rill Deqnd J" U c 1cu s t L r-AWX Y' DODOiy I•o?-- I Sri<r '? ?? This block will be signed ONLY when this notation is required under Pa. If appellant 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 SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Sign kwdRdAonwaryorD** 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 appellee(s), to file a complaint in this appeal Name of appef"(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appaBent oradomey or agent RULE: To , appellee(s) Name of appeNee(s) (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: .20 Signature of Prodxwx fay or Deputy YOU MUST INCLUDE A COPY OF 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 - APPELLANTS COPY rt. U i L Ar ?ll?l'J ?? T-? ,a$_ / 3- Cr r, ; ? (-'? " ?rof ?? /Sprvl-e-e ¦ hater 1.2. and & Abo oorrtpia?e it d try w daetnd. fii * and a ftn on to mow so #rt vw can vWa 1M awd b you. ¦ Aftd Mb owd to tba trade of to ntail?Aiaa, or on the fro*, M epaea pawft 1. Arade Addweeet 1a: x ftuture 0 Tip rr-r cat t M4rvt Received by (Parted Name) t 0"O Q' D. IS Mlvery address different Mn IV& 1? Yes 9 YES, enter delivery address below: ? No a s 1lca type t Mag 0 Erg M Md 0 F ftMwW D Return Receipt for MwnchMft D Insured Meg D C.O.D. 4. ReWlcW Degvery? Aft Fee) 0 Me 2. AM* *X - _ .,.. - 2 Mr 2 n' (ftoor fA own &W 7007 1490 0000 9903 0030 P8 Farm 381 Fdmmoy 2004 Donreello Return Receipt , oAe6es ee?tAasto ¦ tWnpiete items 1, 2. and 3. Also complete UNn 4 If Ra$trictsd Delivery Is desired. ¦ PrIM your name and address on the reverse so that we can retum the card to you. ¦ Aftd this card to the back of the maiipiece, or on the front If space permits. 1. ArMe Addressed to: L_ /A a n G Ai A. SWnsture X 0 Aperrt Addrwee CNJ& by (Parted C. Date of D*owy D. Is delMery item 1? An K YES, below: 0 No v 7 L z kd^?f ?' d ed No ` t l 0 Registow 0 Retum ftoeipt for Merchandise D Insured Meg 4. Restricted Degvery? Oft Fes) 0 tiles 2. ArdeleNun*w 7007 1490 0000 9903 0047^ 0q? toeeea0a ra,eca PS Form 3811. February 2004 Dorrnetb ttet?w C7 c ° ? ? c ? ? , _?u.: ? ? x ? . _?; . „ -- ?_ ?.; C'' ?? c ?. ROXANNE M.BORTNER JN THE COURT OF COMMON PLEAS OF 0/a LOCUST CREEK ACRES :CUMBERLAND COUNTY, PENNSYLVANIA Appellant VS. :CIVIL ACTION - LAW LYDIA MAGNI :NO. 08-13 CIVIL TERM Defendant COMPLAINT This case was previously heard by District Justice Correal on December 17, 2007. I am appealing the District Justice's ruling because of the. preexisting relationship between Mrs. Correal and the defendant's witness. Mrs. Correal stated the witness worked for her but failed to excuse herself from hearing my case. I was the plaintiff and Mrs. Magni was the defendant. 1. I own a horse boarding farm; this suit is for breach of contract for board and late fees due. Defendant started boarding her horse at my farm and signed aboard contract and liability waiver on May 2, 2003. Her horse came from a barn down the road from me, the barn owner transported him and told me defendant was made to leave her place because of liability. 2. My contract was $150.00/month with one due date and a $5.00/day late fee. Immediately after signing, defendant asked if she could pay twice a month. We had talked on the phone previously about boarding her horse and bi-monthly payments were not mentioned-but I said yes, the 1st and 15th? Defendant nodded her head. We agreed to amend the contract and created too due dates-first payment of $75.00 due on the 1 st of the month and sepond payment of $75.00 due on the 15th of the same month, for a total monthly payment of $150.00. Defendant made herself liable for two dates and the late fees applied to both dates. 3. Defendant paid the May 15th payment on May 23rd-8 days late-no explanation. 4, Defendant asked several times if she or her husband could work for a board reduction-my answer was no-I don't do that. Lack of money was her problem. 5. In six months from May to November 2003, board was late a total of 39 days. Dates of payment are: July 2 - 1 day late; August 6 - 5 days late; September 9 - 8 days later October. 6 - 5 days later November 7 - 6 days late; November 21 - 6 days late. No explanations. 6. From May through November, I noticed defendant on my farm very sporadically and she was very quiet when-she. handed me a board check. I thought she was going through a tragedy or something (her home phone-number had changed once andher cell number twice from-May until September 2003 and I had to talk to her about late fees. I talked with her in November 2003 and told her the late fees were adding up fast-I don't have to know your business, but we can work something out-I offered-if you can't pay on time, I can waive future late fees-call me when board is due and let me know when you can pay-let's talk. She didn't reply-got up and went outside. 7. ' )defendant had checks previously written out and dated the 1 st and 2 15th-I brought the ante dated checks to her attention, and told her to date correctly, but she continued to ante date and pay by check. The horse boarding industry is the same as any other industry that collects debt--payments are credited the date payments are made-not by the dates written on the cheeks. 8. Board was late 15 days in December 2003-no comunication from the, defendant. December is the first month for one payment only-not two as requested and contracted by the defendant. 9. January, 2004-Defendant was 15 days late-no communication with with the defendant. I called and told her board was 15 days late and she had to sign a new contract and fill in the dates she could pay since the 1st and 15th weren't working. She paid January's board and signed the new contract on January 17th, but didn't fill in any due dates. I called on January 17 and asked what dates she wanted to pay. No reply-OK-do you want to keep it the 1st and 15th or change it? Board must be paid on time. She said keep it the 1st and 15th. I said ok-We need to talk here-this can't go on. Board is due on time and we have to reach a solution to these late fees-they keep adding up. No reply. 1 said OK-I'll let you go-goodby. The only reason for having her sign a second contract within six months was to give an opportunity to change the due dates-nothing else changed- total board remained the same. Twice I tried to talk to her about late fees due-her reply was silence. This was the second late fee talk attempt 3 in two months, and the second consecutive month for one payment only. 10. Consequently, there was a big improvement-February and March 2004 board was paid on time. In March 2004-for the third time, I mentioned late fees to her-I waited a few seconds and she walked away. That was, the final time I talked to her about late fees until January 2005 She was complaining to' my sick daughter about my talking to her-Why does your mom talk to me-why does your mom bother me? My daughter was sick with Croh's disease and I didn't want defendant adding more stress, so I was manipulated into not bringing up the subject again. 11. From April to-October, 2004, board was late a total of 6 days. 12. January 2005-Board late 3 days. Defendant had shown improvement but couldn't keep it up. I couldn't establish a dialogue and the contract due dates were what she requested and couldn't adhere to. 13. January 10, 2005-I wrote an order to remove letter-giving her 30 days to leave and gave a follow up phone call. This would be her second boarding eviction in about a year and a half. Defendant was amicable and said she could be leaving early. I said ok-remember, board is due in full, not discounted for leaving early. Let me know what's going on-talk to me. 14. January 15-I was at work, defendant told my husband when she was leaving and give him a check for $35.00 for board-$40.00 short of full board. She didn't pay full board, wouldn't discuss late fess and could not 4 guarantee her horse would be removed when she said. 15. I called her on or about January 15 or 16, her husband said she was asleep. I told him my reason for calling and have her call me back. In about 5 minutes she called back. She said "I'm not afraid to play ball with you and you will fucking lose. I'm totally fed up, I'm close to livid as I can get. You want to threaten me, play games, you go right ahead. I'm giving you 7 days of board-that's all you're entitled to-you're not entitled to anything further. You-want to sing it, you bring it and I'm there-I'm not playing your damn games and I ain't playing with you. I'm not listening to you. I'm finished with you. You want $75.00, I will drop it off-no problem, but you'll be kicking in a lot more than that. You have no God damn business running a facility. You're nasty, you're nasty-I'm sorry to say that-but it comes to a point where there's absolutely no getting along." 16. I would see her again and get things settled when she came to get her horse-but January 21, 2005, I went out for the evening feeding-her horse was gone. I was home all day-there was no sound, dog didn't bark- no vehicle or trailer in the driveway-I heard and saw nothing. I debated if I should call the police-she had until February 10-I went into the barn and saw her things were gone-my things were there. How she got her horse out, I don't know-there are no roads to the paddock and it's a long walk to the township road on my property, shorter walk on neighbor's 5 property. I was not going to hold her horse hostage, she could leave anytime before the end of the 30 day limit-we already discussed that. She got her horse and dodged me completely. 17. All of her actions prove she was evading a debt and I was trying to collect-I knew any private further attempts at collection would be useless. 18. Another example of avoidance is having to use constable services to have her served for the District Justice hearing. She didn't pick up the registered notice sent from the District Justice's office. NOTE-The appeal letter was mailed to her on Jan 7, 2008 and the green return receipt was signed for on Jan 9, 200& 19. I am asking for $621.22 TOTAL $43x90--fog late fames-and-board; 96.55 for DJ and constable-services 78,215 for-appeal- 10.42 for certified mail services 1.00 for breach of- contract-damages 20. At the District Justice-hearing, defendant swore under oath: A. She did not sign the contracts; (She did) B. She did not see the contract; (How else would she know to to date theAiecks the,1st and 15th) C. She did not receive a copy of the contract; (She-did) D. Paid alf-forty (40) payments on time; (Sire-didn'tY E. I never talked to her about late fees; (rdiO- F. I held her checks to create late fees, making her a crime victim; (I.didn't-it would seem logical- to pay in cash and get a receipt or money order but defendant paid late in improperly- dated checks)- G. I hate her-because she's best friends with my daughter-trying- to make this suit personal rather than a business contract- (the third person excuse-first time I heard this was at the District Justice hearing) 6 21. At the District Justice hearing, defendants-witness swore under oath: A. He worked on my farm in exchange for board, presented - a bill and was permitted to relay dialogue he claimed he had with a third person-wha-was-not present to testify-regarding. payment; ,, (there was no work for board agreement--a third person cannot amend or void the contract between defendant- and me- defendant's witness had nothing to do with boarding contract) B. Defendant's witness presented a vehicle-repair bill for when my tractorlim-scraped- _his vehicle's fenders (I had offered twice-to have it buffed-out-witness told me to forget it. (Why it was allowed by- the District Justice, I don't know--the suit was against the defendant only) 22. The District Justice refused to look at my evidence, however, she did peruse the defendant's witness's bills for work and vehicle repair. Respectfully Submitted Roxanne M. Bortner d/bla Locust Creek Acres 755 Grahams Wood Rd. Newville, PA 17241-9716 //.e //? o?'ae-ee cf` Ccu! A614? 7 AICO ,fit, Pal . ,fiY1(C?' E3C>ARC7 0C>NTRACT Locust Creek Acres 755 Grahams Woods Road Newville, PA 17241 717-249-5112 Name of Horse: Owner: C' Address: nI rI wtrx___,?, ?ctyyl I tC', ? ??j[j I Telephone: T 7- 7_7?. " `3 CC) 3 I ,_52Lf0 (W) q20 " 5q(CL' Y. 5GO Contact for Emergency: CC?.S maq*m? 6N (- 3ZqrC?+3 + (Fmn?) Veterinarian Name and Phone Number: O?(et(S Description of Horse-Include Scars/Marks/Tattoos, qa? to ' 0V vb old'It 61ewp, ?A ..? UVnI,Er _so(V( 1, ? Mhi agree to pay ,. P50-00 monthly in board/reasonable daily care for _ Mwa 6 , due the of each month. I understand a $5.00 per day late fee may be charged when payment of board in full is not made on the scheduled date. Re", filly care includes feeding/watering/blanketing. A irges will be incurred for: holding horse for vet and f es and any specialized care/attention. 'Greek Acres may use their discretion for first aid as necessary horse and their discretion in seeking veterinarian care in case ;rgency if I cannot be contacted and I will assume sibility for the costs incurred. OVER Page 2 I ride/handle horses at my own risk on Locust Creek Acres facility/property and release same from all liability. i agree to not hold Locust Creek Acres responsible for equine injuries/accidents/thefts. Boarding facility not responsible for missing or damaged tack. I agree to the following facility rules: 1. Horses not to be tied to fence rails, posts and gates; 2. Gates to be secured at all times; 3. Notify management of any unsafe situations, i.e., groundhog holes, loose gatelocks or anything you feel management should be aware of; 4. Not borrow or use any equipment, etc., belonging to someone else without their permission and anything borrowed returned to proper place; 5. Mark or identify all my equipment, etc., or anything I leave on this facility; 6. Children must be supervised by an adult at all times; Boarders who fail to comply with stated policies will be wamed twice in writing and will have thirty (30) days to remove the horse. If boarder wishes to terminate contract, please notify Locust Creek Acres with thirty (30) day notice in writing. Signed: 6 Locust Creek Acres Facility Witness As previously discussed--(a) Once daily grain feeding (up to 4 lbs.); (b) Reevaluate horse's condition after 2 months & possibly increase feeding. Release and Hold Harmless Agreement Whereas, the undersigned acknowledges the inherent risks involved in using, riding working around, or being in close proximity to horses, which risks include death or bodily injury in normal use or in competition and schooling. IN CONSIDERATION, therefore for the privilege of taking riding lessons, participating in riding-related events (trail rides, shows, etc.) and/or working around or using horses at LOCUST CREEK ACRES, the undersigned does hereby agree to hold harmless and indemnify LOCUST CREEK ACRES and Roxanne M. and Steven M. Bortner, individually, and any boarder/agent, whose horse may be used by the undersigned, from any liability or responsibility for accident, damage, injury, illness, death or other loss to the undersigned or any horse owned by the undersigned or to any family member or spectator accompanying the undersigned while engaged in any activities on the premises of LOCUST CREEK ACRES, or while under the direction, control, or instruction of Roxanne M. and Steven M. Bortner, or an independent contractor authorized by LOCUST CREEK ACRES, or Roxanne M. and Steven M. Bortner. I realize that I will be responsible for the lesson fee if I do not give at least a 24- hour notice of cancellation prior to my scheduled lesson with the exception of unusual circumstances. Date: Print Name: Lvd_Q r 1 - Address: 814 Old ?ll La r__c_ 11-1 ?WIILL, Oa Phone #: 70- 17 qu _ 00 (p J Signature: (if under 18) Locust Creek Acres 755 Grahams Woods Road Newville, PA 17241 717-249-5112 Name of Horse: C Za r lt'& Ls Owner: (, A- fita / _;Z- 1 ?// Address: /A Telephone: Contact for Emergency: ;D r. La C4 s Gc, Veterinarian Name and Phone Number: Description of Horse-Include Scars/Marks/Tattoos A? %,? ,d'o c1Cs agree to pay 1?monthly in board/reasonable daily care for due the of each month. I understand a $5.00 per day late fee may be charged when payment of board in full is not made on the scheduled date. Reasonable daily care includes feeding/watering/blanketing. Additional charges will be incurred for: holding horse for vet and farrier services and any specialized care/attention. 4`Z 1 rn cA )L }SI t `l L ? Locust Creek Acres may use their discretion for first aid as necessary for my horse and their discretion in seeking veterinarian care in case of emergency if I cannot be contacted and I will assume responsibility for the costs incurred. OVER Page 2 1 ride/handle horses at my own risk on Locust Creek Acres facility/property and release same from all liability. I agree to not hold Locust Creek Acres responsible for equine injuries/accidents/thefts. Boarding facility not responsible for missing or damaged tack. ?.? I agree to the following facility rules:' 1. Horses not to be tied to fence rails, posts and gates; 2. Gates to be secured at all times; 3. Notify management of any unsafe situations, i.e., groundhog holes, loose gatelocks or anything you feel management should be aware of; 4. Not borrow or use any equipment, etc., belonging to someone else without their permission and anything borrowed returned to proper place; 5. Mark or identify all my equipment, etc., or anything I leave on this facility; 6. Children must be supervised by an adult at all times; Boarders who fail to comply with stated policies will be warned twice in writing and will have thirty (30) days to remove the horse. If boarder wishes to terminate contract, please notify Locust Creek Acres with a thirty (30) day notice in writing. 9 /l' A Locust Creek Acres Facility Witness As previously discussed--(a) Once daily grain feeding (up to 4 lbs.); (b) Reevaluate horse's condition after 2 months & possibly increase feeding. Late Days 2003 May 2-Horse Comes May 23-Board late - 8 days July 2-Goad late - t days Aug 6-Board late-- 5 days Sep 9-Board late - 8 days Oct 6-Board-late-- 5--days- Nov 7-Bold--1ate---6 days- Nov 21-Board-late - 6 days Dec 16-Board late 15 days Total for 2003 - 54 Days late 2004 Jan 17-Board late -16 days Air 1-6-Board late- I day- Mays 2-Board-tam - 1- day May 17-Board late - 2 days Jun 2--Board-late - 1 day Oct 16-Board-late -- 1_day Total for 2004 - 22 days late 2005 Jan 4-Board late---- 3- days Total for 2005 - 3 days late as 3 ? ?L ?, K -, n "TI c + -'1 ROXANNE M. BORTNER, d/b/a LOCUST CREEK ACRES, Apellant, V. LYDIA MAGNI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 08-13 CIVIL TERM PRAECIPE TO ATTACH NOTICE TO PLEAD To the Prothonotary: Please attach the enclosed Notice To Plead to the Complaint filed by Plaintiff/Appellant on January 15, 2008. Date: -l? By:? Roxanne M. Bortner, ROXANNE M. BORTNER, d/b/a LOCUST CREEK ACRES, Apellant, V. LYDIA MAGNI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 08-13 CIVIL TERM NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 CERTIFICATE OF SERVICE I, Roxanne Bortner, do hereby certify that a true and correct copy of the following documents, Praecipe To Attach Notice To Defend and Complaint, were served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Lydia Magni 84 Old Barn Lane Newville, PA 17241 Date: A-e J 0 OF Roxanne Bortner t., ? ::. _ '.' ' '?.. ..1... ?? rr? 4? .w 1 ?1 t?"}`'? ' ??.i u FAFILES\C1ien1s\ 13004 14agni\13004. I . po Christopher E. Rice, Esquire I.D. Number 0916 MARTSON EARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 7013 717-243-334 Attorneys for Defendant ROXANNE BORTNER, : IN THE COURT OF COMMON PLEAS OF d/b/a LOCUST CREEK ACRES, : CUMBERLAND COUNTY, PENNSYLVANIA Appel ant [Plaintiff] CIVIL ACTION - LAW V. NO. 08-13 CIVIL TERM LYDIA MA NI, Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO: ROXANNE M. BORTNER d/b/a LOCUST CREEK ACRES YOU RE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE DEFENDANT'S PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND OW, comes the Defendant, by and through her attorneys, MARTSON DEARDORFF WILLIAMS TTO GILROY & FALLER, and presents the following objections to Plaintiff's Complaint: 1. (Plaintiff has failed to file the Complaint in conformity with the Rules of Civil Procedure, which includes, but is not limited to: Rule 1019(a) for failing to provide material facts on which a cause of action is based in a concise and summary form that can be responded to by Defendant; and Rule 1019(h) for failing to attach a copy of the contract or contracts to the Complaint provided to Defendant and reference the same in the Complaint as Exhibits so Defendant is able to properly respond to the Complaint. C. Rule 1028(3) requires pleadings to be pled with sufficient specificity to put a Defendant on notice of the claims against them. Plaintiff has failed to meet that standard with respect to her Complaint. It is impossible to divine what causes of action are being alleged and because Plaintiff has failed to plead with sufficient specificity, Defendant is unable to effectively respond to the 2. matters at the 3. review of Pla same. In the Complaint, Plaintiff makes reference to a District Justice Judgment and other Justice level. When a Plaintiff files a Complaint after an appeal of a District Justice Judgment, s claims is de novo. 4. Thus, the references to liability and other matters at the District Justice are impertinent atter within the meaning of Pa.R.C.P. 1028(2), and must be stricken from the Complaint. Defendant requests that this Court dismiss the Complaint for the reasons set forth above. MARTSON LAW OFFICES By: . AZL- Christopher E. Rice, Esquire I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: to 0f) Attorneys for Defendant CERTIFICATE OF SERVICE I, M M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certi that a copy of the foregoing Preliminary Objections was served this date by depositing same in the P st Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Roxanne M. Bortner a/d/b Locust Creek Acres 255 Grahams Wood Road Newville, PA 17241 MARTSON LAW OFFICES By i L6 ?t M Price Ten st High Street Carlisle, PA 17413 (717) 243-3341 Dated: 1f / Ili p cxa ..n M L> C.,) F:\F1LES\Clients\13004 M*gni\13004.1.pra Christopher . Rice, Esquire I.D. Number 0916 MARTSON EARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON AW OFFICES 10 East High treet Carlisle, PA 1 7013 717-243-3341 Attorneys for Defendant Rol] I\ . BORTNER, : IN THE COURT OF COMMON PLEAS OF d!b/a LOCUS CREEK ACRES, : CUMBERLAND COUNTY, PENNSYLVANIA Appel ant [Plaintiff) CIVIL ACTION - LAW V. NO. 08-13 CIVIL TERM LYDIA MAG Defendant PRAECIPE To the Please FALLER as a the appearance of MARTSON DEARDORFF WILLIAMS OTTO GILROY & vs for the Defendant in the above-referenced matter. MARTSON LAW OFFICES By ?/4yt s /L-'' Christopher E. Rice, Esquire I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Date: ?-/ 0 S CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Roxanne M. Bortner a/d/b Locust Creek Acres 255 Grahams Wood Road Newville, PA 17241 MARTSON LAW OFFICES By Mat(y . Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: J/1 % 0/ 44 :33 ROXANNE M. BORTNER, d/b/a LOCUST CREEK ACRES, Apellant, V. LYDIA MAGNI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 08-13 CIVIL TERM NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IN Tiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROXAN E M. BOR NER, No.:W13 dro/a Locust Creek Ac m% Plaindfff V. Civi Ado Azw LYDIA MAGNI, Defendant ? •• v V= .?h AND NOW, this) day of Nt , 2008, comes the Plaintiff, Roxanne M. Bortner,d/b/a Locust Creek Acres, and files the instant Complaint and in support thereof states as follows: 1. Plaintiff is an adult individual residing at 755 Grahams Wood Road, Newville, Cumberland County, Pennsylvania. 2. Defendant, Lydia Magni is an adult individual, residing at 84 Old Barn Lane, Newville, Cumberland County, Pennsylvania. 3. Plaintiff engages in the equine boarding business, owning and operating the business establishment registered as Locust Creek Acres, 755 Grahams Wood Road, Newville, Cumberland County, Pennsylvania. 4. Plaintiff entered into a total of two written contracts with Defendant, first contract signed on May 2, 2003, to board Defendant's horse at Locust Creek Acres. 5. Contract #1 provided for one payment of $150.00 a month, the boarding fee, with one due date including a $5.00 per day late fee penalty for late submission of the monthly boarding fee. (Attached hereto and incorporated by reference as Exhibit "A".) 6. Contract #1, the first written contract, was verbally amended, amendment requested by he Defendant, and agreed upon by both Defendant and Plaintiff. 7. Defendant, immediately after signing written Contract #1, requested to Plaintiff to pay the total monthly board bill in two equal installment payments per month, thereby Defendant created the liability of two payment due dates per month. Plaintiff agreed to accept two equal installment payments per month to equal $150.00/month. 8. Plaintiff suggested and Defendant agreed to the installment payment due dates of the 1 st and 15th of each month. First installment payment of $75.00 due on the 1 st of the month and second installment payment of $75.00 due on the 15th of the month, for a total monthly payment of $150.00 per month. COUNT 143REACH OF CONTRACT#1 9. Plaintiff incorporates herein by reference all averments of this pleading as if more fully set forth hereinafter. 10. Defendant failed to submit the bi-monthly installment payments to the Plaintiff on the due dates as previously agreed on by both parties. 11. May 15th payment-submitted on May 23,2003-8 days after due date. 12. Jul 1 st payment-submitted on Jul 2, 2003-1 day after due date. 13. Aug 1 st payment-submitted on Aug 6, 2003-5 days after due date. 14. Sep 1 st payment-submitted on Sep 9, 2003-8 days after due date. 15. Oct 1 st payment-submitted on Oct 6, 2003-5 days after due date. 16. Nov 1 st payment-submitted on Nov 7, 2003-6 days after due date. 17. Nov 15th payment-submitted on Nov 21, 2003-6 days after due date. 18. Dec 1 st payment-submitted on Dec 16, 2003-15 days after due date. 19. Jan 1 st payment-submitted on Jan 17, 2004-16 days after due date. 20. Pursuant to contract #1, the total late fees incurred are calculated at $5.00 a day times the number of days bi-monthly installment payments submitted late, 70, for a total of $350.00. 21. Plaintiff talked to Defendant in November, advising late fees were adding up fast and offered to waive future late fees if Defendant would notify Plaintiff prior to a due date when Defendant could not make an installment payment on a due date. 22. Defendant provided no explanations for the habitually delinquent bi-monthly installment payments, did not ask for late fee forgiveness and did not advise Plaintiff if any future installment payments would be paid on time or delinquent as requested by the Plaintiff. WHEREFORE, because of the Defendant's breach of contract, the Plaintiff demands judgment against the Defendant in the amount of $350.00, said amount being necessary to place Plaintiff in the position she would have been in had Defendant performed the contract as per the parties' agreement. 23. Plaintiff incorporates herein by reference all averments of this pleading as if more fully set forth hereinafter. 24. Defendant paid by check and consistently had checks previously written out 2 and ante dated either the 1 st or the 15th, depending on the date the bi-monthly installment payment was due. 25. Plaintiff advised Defendant to accurately date checks to reflect the true date of submission of bi-monthly installment payments. 26. Defendant's representations to the Plaintiff regarding Defendant's ability to pay the bi-monthly installment payments according to the Defendant's requested installment payment schedule were fraudulent in that Defendant knew they were intended to induce the Plaintiff to enter into an agreement because A. Defendant had boarded at a previous stable that charged $150.00/month, however Defendant paid $60.00/month at this stable and exchanged work for board reduction; B. Defendant was made to leave this previous boarding stable, directly coming to Locust Creek Acres; C. Plaintiffs boarding contract charged $150.00/month, an increase of $90.00/month, the Defendant was paying at the previous boarding stable; D. Defendant had talked over the phone several times prior to meeting the Plaintiff, discussing boarding the Defendant's horse, but did not advise Plaintiff she was not able to pay a once a monthly payment of $150.00, and would be requesting to make bi-monthly installment payments; E. Defendant signed the written contract first, contract providing one pay- ment due date, then requested to make bi-monthly iinstallment payments, amending the written contract agreeing to Plaintiffs suggested due dates; F. Defendant advised Plaintiff in June 2003 that Defendant was receiving unemployment compensation; G. Defendant regularly requested to exchange work on Plaintiffs farm for board payments; H. Defendant rebuffed and disregarded Plaintiff attempts to collect accrued late fee balances. 27. At or before the date the Defendant entered into the agreement with the Plaintiff, Defendant knew or should have that she was unable to make bi-monthly installment payments under the terms and conditions agreed to by both the Plaintiff and Defendant. 28. As a result of the misrepresentation of Defendant and due to Defendant's failure to advise the Plaintiff otherwise, the Plaintiff has suffered damages. WHEREFORE, because of the Defendant's fraudulent and deceitful practices stated above, the Plaintiff respectfully requests this Honorable Court to enter judgment in favor of 3 Plaintiff and against Defendant as follows: A. The amount of $350.00. COUNT III4MIEACH OF CONTRACT 2 29. Plaintiff incorporates herein by reference all averments of this pleading as if more fully set forth hereinaftter. 30. Plaintiff telephoned Defendant on January 15, 2004 and advised Defendant that January's first bi-monthly installment payment, due on the 1 st was overdue and had to be paid now. 31. Plaintiff advised Defendant that Plaintiff would provide a new boarding contract for Defendant to sign and for Defendant to supply the dates Defendant could pay the bi-monthly installment payments due on the monthly board bill, if Defendant still desired to pay the board bill by way of bi-monthly installment payments. 32. Defendant signed the contract on January 17, 2004 but did not supply bi- monthly installment payment due dates. 33. Plaintiff again telephoned Defendant on January 17, 2004 and told Defendant the contract needed a once a month payment due date or installment payment dates. 34. As per telephone conversation, Defendant agreed to pay the bi-monthly equal installment payments on the 1 st and 15th of each month, for a total of $150.00 per month. 35. Plaintiff advised Defendant to reconsider these due dates, as Defendant had not be able to adhere to these due dates in the past. 36. Defendant remained firm on keeping the bi-monthly installment payment due dates of the 1 st and 15th of the month. 37. Plaintiff advised Defendant again that late fees penalties were continuing to add up, Defendant must make the installment payments on time, late fees penalties must be paid, and Plaintiff was willing to consider Defendant's suggestions to start payments on late fees balance. 38. Defendant did not reply and telephone conversation ended. 39. Plaintiff filled out the previously signed contract and included the bi-monthly installment payment due dates. 40. Contract #2 provided for $150.00 a month boarding fee and a $5.00/day late fee penalty for late submission of payment, with one due date. 41. Contract #2 was verbally amended, as per the Defendant and agreed to by the Plaintiff to reflect bi-monthly equal installment payments of $75.00 and installment payment 4 due dates of the 1 st and 15th of the month, totalling the $150.00/month board payment, Defendant again created the liability of two installment payment due dates per month. 42. Contract #2 was amended, amendments requested by the Defendant and agreed to by both Defendant and Plaintiff. 43. Both Contract #1 and Contract #2 reflect same amount of total monthly board- $150.00 with a$5.00/day late fee penalty, bi-monthly installment payments due on the 1 st and 15th of each month. (Attached hereto and incorporated by reference as Exhibit "B".) 44. In March, Plaintiff again attempted to initiate a dialogue with Defendant regarding payment of late fees owed by the Defendant but Defendant walked away. 45. Defendant failed to submit the bi-monthly installment payments to the Plaintiff on the due dates as previously agreed on by both parties. 46. Apr 15th payment-submitted on Apr 16, 2004-1 day after due date. 47. May 1 st payment-submitted on May 2, 2004-1 day after due date. 48. May 15th payment-submitted on May 17, 2004-2 days after due date. 49. June 1 st payment-submitted on Jun 2, 2004-1 day after due date. 50. Oct 15th payment-submitted on Oct 16, 2004-1 day after due date. 51. Jan 1 st payment-submitted on Jan 4, 2005-3 days after due date. 52. Pursuant to contract #2, the accured late fees penalties incurred are calculated at $5.00 a day times the number of days late in payment, 7, for a total of $35.00. 53. Defendant provided no explanations for the habitually delinquent bi-monthly installment payments, did not ask for late fee debt forgiveness and rebuffed all Plaintiff attempts to collect late fees due. WHEREFORE, because of the Defendant's breach of contract, the Plaintiff demands judgment against the Defendant in the amount of $35.00, said amount being necessary to place Plaintiff in the position she would have been in had Defendant performed the contract as per the parties' agreement. COUNT N -RAIIO-CONTRACCT 82 54. Plaintiff incorporates herein by reference all averments of this pleading as if more fully set forth hereinafter. 52. Defendant paid by check and consistenly had checks previously written out and ante dated either the 1 st or the 15th, depending on what bi-monthly installment payment was due. 53. Plaintiff advised Defendant to accurately date checks to reflect the true date of submission of payments. 54. Defendant's representations to the Plaintiff regarding ability to pay the 5 installment payments according to the Defendant's requested installment payment schedule were fraudulent in that Defendant knew they were intended to induce the Plaintiff to enter into an agreement because A. Defendant signed written Contract #2, and failed to provide installment payment due dates, as requested by the Plaintiff, B. Plaintiff initiated the telephone call on Jan 17, 2004, at which time Defendant agreed to the bi-monthly installment payment due dates of the 1 st and 15th; C. Defendant regularly requested to exchange work on Plaintiffs farm for board payments; D. Defendant rebuffed and disregarded all Plaintiff attempts to collect accrued late fees balances. 55. At or before the date the Defendant entered into the agreement with the Plaintiff, Defendant knew or should have known that she was unable to make timely bi-monthly installment board payments under the terms and conditions requested by the Defendant. 56. As a result of the misrepresentation of Defendant and due to Defendant's failure to advise the Plaintiff otherwise, the Plaintiff has suffered damages. WHEREFORE, because of the Defendant's fraudulent and deceitful practices stated above, the Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant as follows: A. The amount of $35.00. COUNT V-BRE" OF CONTRACT 02 57. Jan 10, 2005, Plaintiff wrote Defendant an order to remove letter, for Defendant to remove her horse from Locust Creek Acres property, allowing 30 days to accomplish this, Feb 10th being the last day the horse could remain at Locust Creek Acres. 58. Plaintiff telephoned Defendant to confirm Defendant understood and would comply and Defendant told Plaintiff her horse could be removed earlier than Feb 10th. 59. Plaintiff advised Defendant if she chose to leave early, board for Jan would not be discounted-the next installment payment due date on Jan 15th was due on time and in full. 60. On Jan 15, Defendant paid $35.00 to Plaintiff's husband and advised Plaintiffs husband that her horse would be removed Jan 22. 61. On or about Jan 15 or 16, Plaintiff telephoned Defendant, Defendant's husband said she was asleep. 62. Plaintiff left a message for husband to relay to Defendant: return phone call, all accrued late fees penalties must be paid, total Jan board money still due. 63. Defendant called back almost immediately, used profanity, insulted and 6 dismissed the Plaintiffs board and accrued late fees collection attempts and ended the telephone call by telling the Plaintiff you're not entitled to anything further. 64. Defendant removed her horse from Locust Creek Acres on Jan 21. 65. Plaintiff did not hear or see the this action and Defendant did not come to the house or otherwise make her presence known on Locust Creek Acres property; 66. The Defendant's above stated action denied the Plaintiff any opportunity to further pursue monies due the Plaintiff by the Defendant. WHEREFORE, because of the Defendant's breach of contract, the Plaintiff demands judgment against the Defendant in the amount of $40.00, said amount being necessary to place Plaintiff in the position she would have been in had Defendant performed the contract as per the parties' agreement. 67. As a direct result of the Defendant's unfair and deceptive acts and practices as described more fully herein, the Plaintiff has suffered damages. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to enter judgement in Plaintiff s favor and against Defendant as follows: 1. In an amount equal to the cost necessary to put Plaintiff in the position she would have been in had the Defendant performed the contract; A. Count 1-Breach of Contract #1-$350.00; B. Count II-Fraud-Contract #1-$350.00; C. Count III-Breach of Contract #2-$35.00; D. Count IV-Fraud-Contract #2-$35.00; F. Count V-Breach of Contract-$40.00; For a total judgment of $810.00 Respectfully submitted, _X?? x xe A Roxanne M. Bortner d/ba/a Locust Creek Acres 755 Grahams Wood Rd. Newville, PA 17241 ?' 7 BOAFR1D CONTRACT Locust Creek Acres 755 Grahams Woods Road Newville, PA 17241 717-249-5112 Name of Horse:- Owner:. Address t?` I C? T Z ?? r 1 LCt i Telephone: ?- Contact for Emergency: Lu C d t n?,? Veterinarian Name and Phone Number: Description of Horse-Include Scars/Marks/Tattoos d r ?- ( I agree to pay monthly in board/reasonable daily care for el' tc I " Y due the of each month. I understand a $5.00 per day late fee may be charged when payment of board in full is not made on the scheduled date. Reasonabjq daily care includes feeding/watering/blanketing. Addittp charges will be incurred for: holding horse for vet and farrim 4*Mces and any specialized care/attention. Locust Creek Acres may use their discretion for first aid as necessary for i horse and their discretion in seeking veterinarian care in case of emergency if I cannot be contacted and I will assume r?ftponsibility for the costs incurred. OVER Page 2 I ride/handle horses at my own risk on Locust Creek Acres facility/property and release same from all liability. I agree to not hold Locust Creek Acres responsible for equine injuries/accidents/thefts. Boarding facility not responsible for missing or damaged tack I agree to the following facility rules: 1. Horses not to be tied to fence rails, posts and gates; 2. Gates to be secured at all times; 3. Notify management of any unsafe situations, i.e., groundhog holes, loose gatelocks or anything you feel management should be aware of; 4. Not borrow or use any equipment, etc., belonging to someone else without their permission and anything borrowed returned to proper place; 5. Mark or identify all my equipment, etc., or anything I leave on this facility; 6. Children must be supervised by an adult at all times; Boarders who fail to comply with stated policies will be warned twice in writing and will have thirty (30) days to remove the horse. If boarder wishes to terminate contract, please notify Locust Creek Acres with.,a thirty (30) day notice in writing. Signed: Locust Creek Acres Facility Witness As previously discussed--(a) Once daily grain feeding (up to 4 lbs.); (b) Reevaluate horse's condition after 2 months & possibly increase feeding. Locust Creek Acres 755 Grahams Woods Road Newville, PA 17241 717-249-5112 Name of Horse:- a Owner: Address: (, d 12t a Telephone: Contact for Emergency: 6,1 s Veterinarian Name and Phone Number: 1 6 rr-e Description of Horse-Include Scars/Marks/Tattoos Ube C4.1 lt4-. 110 CIO agree to pay a'`l' monthly `- 1, 1 in board/ reasonable daily care for r , due the of each month. I understand a $5.00 per day late fee may be charged when payment of board in full is not made on the scheduled date. Reasonable daily care includes feeding/watering/blanketing. Additional charges will be incurred for: holding horse for vet and farrier services and any specialized care/attention. Locust Creek Acres may use their discretion for first aid as necessary for my horse and their discretion in seeking veterinarian care in case of emergency if I cannot be contacted and I will assume responsibility for the costs incurred. OVER , I / ?? 61 ( /; c-(e (?f Ze C ..5, X_ A-- /2'j, A k w1 J/?c lZe ze, "., -,r- . ,S - o 14 t 1 Page 2 i ride/handle horses at my own risk on Locust Creek Acres facility/property and release same from all liability. I agree to not hold Locust Creek Acres responsible for equine injuries/accidents/thefts. Boarding facility not responsible for missing or damaged tack. P 0- I agree to the following facility rules: 1. Horses not to be tied to fence rails, posts and gates; 2. Gates to be secured at all times; 3. Notify management of any unsafe situations, i.e., groundhog holes, loose gatelocks or anything you feel management should be aware of; 4. Not borrow or use any equipment, etc., belonging to someone else without their permission and anything borrowed returned to proper place; 5. Mark or identify all my equipment, etc., or anything I leave on this facility; 6. Children must be supervised by an adult at all times; Boarders who fail to comply with stated policies will be warned twice in writing and will have thirty (30) days to remove the horse. If boarder wishes to terminate contract, please notify Locust Creek Acres with a thirty (30) day notice in writing. Signed:_ Locust Creek Acres Facility Witness As previously discussed--(a) Once daily grain feeding (up to 4 lbs.); (b) Reevaluate horse's condition after 2 months & possibly increase feeding. c, ? ;--? = ?"- =s-, t s: _? ? n r;? _ : ?; rti? x? =:, ROXANNE M. BORTNER, IN THE COURT OF COMMON PLEAS OF d/b/a LOCUST CREEK ACRES, : CUMBERLAND COUNTY, PENNSYLVANIA Apellant, V. : CIVIL ACTION -LAW LYDIA MAGNI, Defendant NO. 08-13 CIVIL TERM TO: Lydia Magni 84 Old Barn Lane Newville, PA 17241 Date of Notice: April 3, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHE IMPORTANT RIGHTS. YOU SHOULD TAKE PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FOR OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 243-3166 Roxanne M. Bortner t7L FAFILESThents\13004 Magm\13004.1.ans.wpd Christopher E. Rice, Esquire I.D. No. 90916 Trudy E. Fehlinger, Esquire I.D. No. 202753 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Defendant ROXANNE M. BORTNER, d/b/a LOCUST CREEK ACRES, Appellant [Plaintiff] V. LYDIA MAGNI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-13 CIVIL TERM DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Lydia Magni, by and through her attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby files an Answer to Plaintiff s Complaint as follows: 1-3. Admitted. 4. Admitted in part and denied in part. It is admitted that Plaintiff and Defendant entered into two written Board Contracts, but it is denied that the first Board Contract was signed on May 2, 2003. To the contrary, it is believed and therefore averred that the first written Board Contract between Plaintiff and Defendant was entered into in April 2003. 5. Admitted in part and denied in part. It is admitted that the first Board Contract reflects an agreement for Defendant to pay a $150.00 monthly boarding fee, but it is denied that the first Board Contract imposes an absolute $5.00 per day penalty for late submission of the monthly boarding fee. The first Board Contract states that a $5.00 per day late fee may be charged when payment of board in full is not made on the scheduled date. A copy of the first Board Contract is attached hereto as Exhibit "A." 6. Admitted. 7. Admitted in part and denied in part. It is admitted that Defendant requested that Plaintiff accept the total monthly boarding fee in two equal installments per month and that Plaintiff agreed to accept two equal installment payments of the monthly boarding fee, but it is denied that Defendant made such request immediately after signing the first Board Contract. 8. Admitted. COUNTI BREACH OF CONTRACT #1 9. Paragraphs 1 through 8 are incorporated by reference as though fully set forth herein. 10. Denied. It is denied that Defendant failed to submit the bi-monthly installment payments to Plaintiff on the due dates as previously agreed to by both parties. 11. Denied. Defendant submitted the May 15, 2003 payment on May 18, 2003. 12. Admitted in part and denied in part. Defendant submitted the July 1, 2003 payment on July 2, 2003, but Defendant submitted payment in the amount of $150.00 on that date, and not $75.00 as alleged by Plaintiff. 13. Admitted in part and denied in part. Defendant submitted the August 1, 2003 payment on August 6, 2003, but Defendant submitted payment in the amount of $150.00 on that date, and not $75.00 as alleged by Plaintiff. 14. Admitted. 15. Admitted in part and denied in part. Defendant submitted the October 1, 2003 payment on October 6, 2003, but Defendant submitted payment in the amount of $200.00, and not $75.00 as alleged by Plaintiff. 16. Admitted in part and denied in part. Defendant submitted the November 1, 2003 payment on November 7, 2003, but Defendant submitted payment in the amount of $125.00, and not $75.00 as alleged by Plaintiff. 17. Admitted. 18. Denied. Defendant submitted the December 1, 2003 payment on December 12, 2003, and said payment was in the amount of $150.00, and not $75.00 as alleged by Plaintiff. 19. Denied. Defendant submitted the January 1, 2004 payment on January 15, 2004, and said payment was in the amount of $150.00, and not $75.00 as alleged by Plaintiff. 20. Denied. The late fees allegedly incurred by Defendant as set forth by Plaintiff herein are inaccurate and unsubstantiated and proof thereof is demanded. By way of further response, Plaintiff originally pled damages for alleged late fees and board in the amount of $435.00 in the action before District Justice Paula Correal and subsequently pled damages in the amount of $621.22 in the appeal from the District Justice ruling. 21. Denied. It is denied that Plaintiff talked to Defendant in November, advising late fees were adding up fast or offering to waive future late fees if Defendant would notify Plaintiff prior to a due date when Defendant could not make an installment payment on a due date. It is denied that such conversation took place. 22. Denied. It is denied that Plaintiff talked to Defendant in November or that such conversation took place. WHEREFORE, Defendant Lydia Magni requests that this Honorable Court enter judgment in her favor and dismiss Plaintiff's Complaint with prejudice. COUNT II FRAUD CONTRACT #1 23. Paragraphs 1 through 22 are incorporated by reference as though fully set forth herein. 24. Denied. It is denied that Defendant ante-dated checks and proofthereof is demanded. 25. Denied. It is denied that Plaintiff advised Defendant to accurately date checks to reflect the true date of submission of bi-monthly payments. It is further denied that Defendant ante- dated checks and proof thereof is demanded. 26. Denied. It is denied that Defendant's representations to the Plaintiff regarding Defendant's ability to pay the bi-monthly installment payments according to Defendant's requested installment payment schedule were fraudulent. It is further denied that Defendant fraudulently induced Plaintiff to enter into an agreement. A. Denied. By way of further response, Defendant had no written agreement for boarding at the previous stable. B. Admitted in part and denied in part. Defendant was made to leave the previous stable as a result of the stable owner's circumstance and situation. Any inference that Defendant was made to leave the previous stable due to any fault of Defendant is denied. C. Admitted in part. It is admitted that Plaintiffs Boarding Contract charged $150.00 per month, but Defendant had no written agreement for boarding at the previous stable. D. Denied. Defendant talked to Plaintiff s daughter Gina Woods regarding the boarding of Defendant's horse. E. Admitted. F. After reasonable investigation, Defendant is without knowledge or information at this time sufficient to form a belief as to the truth or falsity of the averments in this paragraph and proof thereof is demanded. G. Denied. It is denied that Defendant requested to exchange work on Plaintiff s farm for board payments. H. Denied. It is denied that Plaintiff made attempts to collect any alleged late fee balances. 27. Denied. It is denied that Defendant was unable to make bi-monthly installment payments under the terms and conditions agreed to by Plaintiff and Defendant. 28. Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent it is determined that a response is required, the averments in this paragraph are specifically denied. WHEREFORE, Defendant Lydia Magni requests that this Honorable Court enter judgment in her favor and dismiss Plaintiff s Complaint with prejudice. COUNT III BREACH OF CONTRACT #2 29. Paragraphs 1 through 28 are incorporated by reference as though fully set forth herein. 30. Denied. It is denied that Plaintiff telephoned Defendant on January 15, 2004 and advised Defendant that January's first bi-monthly installment payment due on the I" was overdue and had to be paid. 31. Denied. Plaintiff did not advise Defendant that Plaintiff would provide a new boarding contract for Defendant to sign and for Defendant to supply the dates Defendant could pay the bi-monthly installment payments due on the monthly board bill, if Defendant still desired to pay the board bill by way of bi-monthly payment due dates. 32. Denied. The second Board Contract as written provided for a $150.00 a month boarding fee and two due dates on the 151 and 15`' of each month. A copy of the second Boarding Contract is attached hereto as Exhibit "B." 33. Denied. It is denied that Plaintifftelephoned Defendant on January 17, 2004 and told Defendant that the contract needed a once a month payment due date or installment payment dates. 34. Admitted in part and denied in part. It is admitted that Defendant requested two bi- monthly installment payments, but it is denied that Plaintiff telephoned Defendant on January 17, 2004 or that Defendant agreed to pay the bi-monthly equal installment payments on the 151 and 15' of each month during the alleged telephone conversation. The second Board Contract as written provided for a $150.00 a month boarding fee and two due dates on the 1 5' and 15th of each month. A copy of the second Boarding Contract is attached hereto as Exhibit "B." 35. Denied. It is denied that Plaintiff telephoned Defendant on January 17, 2004. It is further denied that Plaintiff advised Defendant to reconsider the 151 and 15`' due dates. 36. Admitted in part and denied in part. It is admitted that Defendant requested two bi- monthly installment payments, but it is denied that Plaintiff telephoned Defendant on January 17, 2004. 37. Denied. It is denied that Plaintiff telephoned Defendant on January 17, 2004. It is further denied that Plaintiff advised Defendant that late fee penalties were continuing to add up, that Defendant must make the installment payments on time, that late fee penalties must be paid, or that Plaintiff was willing to consider Defendant's suggestions to start payments on any alleged late fees balance. 38. Denied. It is denied that Plaintiff telephoned Defendant on January 17, 2004. 39. Denied. To the contrary, the second Board Contract as written provided for a $150.00 a month boarding fee and two due dates on the 151 and 151' of each month. 40. Denied. To the contrary, the second Board Contract as written provided for a $150.00 a month boarding fee and two due dates on the 151 and 15th of each month. 41. Denied. To the contrary, the second Board Contract as written provided for a $150.00 a month boarding fee and two due dates on the 151 and 15`t' of each month. 42. Denied. To the contrary, the second Board Contract as written provided for a $150.00 a month boarding fee and two due dates on the 1 S1 and 15' of each month. 43. Admitted in part and denied in part. The first Board Contract as written provided for a once per month boarding fee of $150.00, and a $5.00 per day late fee that may be charged when payment of board in full is not made on the scheduled date. The first Board Contract was verbally amended by the parties to provide for payment of the $150.00 per month boarding fee in two equal installments due on the 1' and 15ffi of each month. The second Board Contract as written provided for a $150.00 per month boarding fee paid in two equal installments on the l 5` and 15`' of each month, and a $5.00 per day late fee that may be charged when payment of board in full is not made on the scheduled date. 44. Denied. It is denied that in March Plaintiff attempted to initiate a dialogue with Defendant regarding payment of late fees allegedly owed by Defendant and Defendant walked away. By way of further response, any inference that Plaintiff has previously attempted to initiate a dialogue with Defendant regarding payment of late fees allegedly owed by Defendant is denied. 45. Denied. It is denied that Defendant failed to submit the bi-monthly installment payments to Plaintiff on the due dates as previously agreed to by both parties. 46. Admitted. 47. Denied. Defendant submitted the May 1, 2004 payment on May 1, 2004. 48. Admitted. 49. Admitted. 50. After reasonable investigation, Defendant is without knowledge or information at this time sufficient to form a belief as to the truth or falsity of the averments in this paragraph and proof thereof is demanded. 51. After reasonable investigation, Defendant is without knowledge or information at this time sufficient to form a belief as to the truth or falsity of the averments in this paragraph and proof thereof is demanded. 52. Denied. The late fees allegedly incurred by Defendant as set forth by Plaintiff herein are inaccurate and unsubstantiated and proof thereof is demanded. By way of further response, Plaintiff originally pled damages for alleged late fees and board in the amount of $435.00 in the action before District Justice Paula Correal and subsequently pled damages in the amount of $621.22 in the appeal from the District Justice ruling. 53. Denied. It is denied that Defendant habitually made delinquent bi-monthly installment payments, did not ask for late fee debt forgiveness, or rebuffed any alleged attempts made by Plaintiff to collect any alleged late fees due. WHEREFORE, Defendant Lydia Magni requests that this Honorable Court enter judgment in her favor and dismiss Plaintiffs Complaint with prejudice. COUNT IV FRAUD CONTRACT #2 54. Paragraphs 1 through 53 are incorporated by reference as though fully set forth herein. 55.[sic] Admitted in part and denied in part. It is admitted that Defendant often paid by check, but it is denied that Defendant consistently had checks previously written out and ante dated either the 15` or the 15', depending on what bi-monthly installment payment was due. 56.[sic] Denied. It is denied that Plaintiff advised Defendant to accurately date checks to reflect the true date of submission of payments. By way of further response, any inference that Defendant had checks previously written out and ante dated either the V or the 15`f', depending on what bi-monthly installment payment was due, is denied. 57.[sic] Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent it is determined that a response is required, the averments in this paragraph are specifically denied. A. Denied. To the contrary, the second Board Contract as written provided for a $150.00 a month boarding fee and two due dates on the V and 15' of each month. B. Denied. It is denied that Plaintiff telephoned Defendant on January 17, 2004. By way of further response, the second Board Contract as written provided for a $150.00 a month boarding fee and two due dates on the 1" and 15`h of each month. C. Denied. It is denied that Defendant regularly requested to exchange work on Plaintiff s farm for board payments. D. Denied. It is denied that Plaintiff made attempts to collect any alleged accrued late fee balances. 58. [sic] Denied. It is denied that at or before the date Defendant entered into the agreement with Plaintiff, Defendant knew or should have known that she was unable to make timely bi-monthly installment board payments under the terms and conditions requested by Defendant. By way of further response, any inference that defendant was unable or failed to make timely bi-monthly installment board payments under the terms and conditions requested by Defendant is denied. 59.[sic] Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent it is determined that a response is required, the averments in this paragraph are specifically denied. WHEREFORE, Defendant Lydia Magni requests that this Court enter judgment in her favor and dismiss Plaintiff's Complaint with prejudice. COUNT V BREACH OF CONTRACT #2 60. [sic] Paragraphs 1 through 59 [sic] are incorporated by reference as though fully set forth herein. 61.[sic] Admitted. 62.[sic] Admitted. 63.[sic] Denied. It is denied that Plaintiff advised Defendant if she chose to leave early, board for January was due on time and in full. 64.[sic] Admitted. 65. [sic] Admitted. 66.[sic] Denied. It is denied that Plaintiff left a message with Defendant's husband that all allegedly accrued late fee penalties must be paid or that the total January board money was still due. 67-[sic] Denied. It is denied that Defendant called Plaintiff, used profanity, insulted and dismissed Plaintiff s board and accrued late fee collection attempts or ended the alleged telephone call by telling Plaintiff that she was not entitled to anything further. 68.[sic] Admitted. 69.[sic] Admitted in part and denied in part. It is admitted that Defendant did not go to Plaintiff's house or otherwise purposefully make her presence known on Locust Creek Acres property on January 21, but any inference that Defendant was required to do so or that Defendant sought to avoid making her presence known is denied. After reasonable investigation, Defendant is without knowledge or information at this time sufficient to form a belief as to the truth or falsity of the remaining averments in this paragraph. 70.[sic] Denied. Admitted in part and denied in part. It is admitted that Defendant did not go to Plaintiff's house or otherwise purposefully make her presence known on Locust Creek Acres property on January 21, but any inference that Defendant was required to do so or that Defendant sought to avoid making her presence known is denied. After reasonable investigation, Defendant is without knowledge or information at this time sufficient to form a belief as to the truth or falsity of the remaining averments in this paragraph. 71.[sic] Denied. The averments contained in this paragraph constitute conclusions of law to which no response is required. To the extent it is determined that a response is required, the averments in this paragraph are specifically denied. By way of further response, Plaintiff originally pled damages for alleged late fees and board in the amount of $435.00 in the action before District Justice Paula Correal and subsequently pled damages in the amount of $621.22 in the appeal from the District Justice ruling. WHEREFORE, Defendant Lydia Magni requests that this Honorable Court enter judgment in her favor and dismiss Plaintiff's Complaint with prejudice. MARTSON LAW OFFICES By. Christ er E. Rice, Esq uf 41-1 re I.D. No. 90916 Trudy E. Fehlinger, Esquire I.D. No. 202753 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: May 29, 2008 Attorneys for Defendant RE( YCLLD PAPfR RKVCLARLI ?k BOARCD CONTRACT Locust Creek Acres 755 Grahams Woods Road Newville, PA 17241 717-249-5112 Name of Horse: Owner: C t1 Chi Q 1 ?1 Address: n? Vrl VV, I (c A 1 /1j / Telephone: '117 77( - .SZC ?J C b? 720- ?q Cct; Contact for Emergency: ??}?/?. ( CQS NUTS M( co I - (FranO Veterinarian Name and Phone Number: _ VOK Description of Horse-Include Scars/Marks/Tattoos ?,Iio Owl- (Iek? ?v 0 1* IT" ?o t- v 1, Aaj*?_ agree to pay's I?.Co month) Y in board/reasonable daily care for due the of each month. I understand a $5.00 per day late fee may be charged when payment of board in full is not made on the scheduled date. Reasonap? daily care includes feeding/watering/blanketing. AdditIM41 t arges will be incurred for: holding horse for vet and fardw W*ces and any specialized care/attention. Locust Creek Acres may use their discretion for first aid as necessary for # horse and their discretion in seeking veterinarian care in case 4 >efnergency if I cannot be contacted and I will assume responsibility for the costs incurred. OVER Page 2 I ride/handle horses at my own risk on Locust Creek Acres facility/property and release same from all liability. I agree to not hold Locust Creek Acres responsible for equine injuries/accidents/thefts. Boarding facility not responsible for missing or damaged tack. I agree to the following facility rules: 1. Horses not to be tied to fence rails, posts and gates; 2. Gates to be secured at all times; 3. Notify management of any unsafe situations, i.e., groundhog holes, loose gatelocks or anything you feel management should be aware of; 4. Not borrow or use any equipment, etc., belonging to someone else without their permission and anything borrowed returned to proper place; 5. Mark or identify all my equipment, etc., or anything I leave on this facility; 6. Children must be supervised by an adult at all times; Boarders who fail to comply with stated policies will be warned twice in writing and will have thirty (30) days to remove the horse. If boarder wishes to terminate contract, please notify Locust Creek Acres with.a thirty (30) day notice in writing. Signed: r f ' ( l " ? ' ?( V l l Locust Creek Acres Facility Witness As previously discussed--(a) Once daily grain feeding (up to 4 /bs.); (b) Reevaluate horse's condition after 2 months & possibly increase feeding. kECYCtFIJ TAPIR RECYCI ABL( I VN 2) Locust Creek Acres 755 Grahams Woods Road Newville, PA 17241 717-249-5112 Name of Horse: Owner: Address: Telephone: Contact for Emergency: ?. LLc 64 C Veterinarian Name and Phone Number: ?c rr.e Description of Horse-Include Scars/Marks/Tattoos lam Uve, /?a ; ,?? 611- L lt4• ISO C&J agree to pay monthly in board/ reasonable daily care for / Se 4 /J." due the of each month. I understand a $5.00 per day late fee may be charged when payment of board in full is not made on the scheduled date. Reasonable daily care includes feeding/watering/blanketing. Additional charges will be incurred for: holding horse for vet and farrier services and any specialized care/attention. Locust Creek Acres may use their discretion for first aid as necessary for my horse and their discretion in seeking veterinarian care in case of emergency if I cannot be contacted and I will assume responsibility for the costs incurred. OVER w c c?( ??,? //e Z? Page 2 I ride/handle horses at my own risk on Locust Creek Acres facility/property and release same from all liability. I agree to not hold Locust Creek Acres responsible for equine injuries/accidents/thefts. Boarding facility not responsible for missing or damaged tack. I agree to the following facility rules: 1. Horses not to be tied to fence rails, posts and gates; 2. Gates to be secured at all times; 3. Notify management of any unsafe situations, i.e., groundhog holes, loose gatelocks or anything you feel management should be aware of; 4. Not borrow or use any equipment, etc., belonging to someone else without their permission and anything borrowed returned to proper place; 5. Mark or identify all my equipment, etc., or anything I leave on this facility; 6. Children must be supervised by an adult at all times; Boarders who fail to comply with stated policies will be warned twice in writing and will have thirty (30) days to remove the horse. If boarder wishes to terminate contract, please notify Locust Creek Acres with a thirty (30) day notice in writing. Signed: Locust Creek Acres Facility witness As previously discussed--(a) Once daily grain feeding (b) Reevaluate horse's condition after 2 months & poss bly increase feeding. VERIFICATION I, Lydia Magni, certify the foregoing Answer is based upon information which has been gathered by my counsel in the preparation of this lawsuit. The language of the foregoing Answer is that of counsel and not my own. I have read the document and to the extent the Answer is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Answer is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. r ?Q Lydia agni F.\FILFS\Chcnts\13004 MagmM3004.1.ans.wpd CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Roxanne M. Bortner d/b/a Locust Creek Acres 255 Grahams Wood Road Newville, PA 17241 MARTSON LAW OFFICES i By ? M. Price n East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 29, 2008 ROXANNE M. BORTNER, d/b/a LOCUST CREEK ACRES, Plaintiff, V. LYDIA MAGNI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 08-13 CIVIL TERM PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Roxanne M. Bortner, Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is: $ 810.00 The claim of defendants in the action is: N/A The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Christopher E. Rice; Trudy E. Fehlinger WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whome the case shall be submitted. Respectfully Submitted, Date: By:-. a f Roxanne M. Bortner ORDER OF COURT AND NOW, this day of , 2008, in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action as prayed for. By the Court, Edgar B. Bayley ? '?9 .,Q ? ? ? ? ?.. ? ?; ??. ? ??;Y ' -> < ?? ta ? '??? -,_,f rn ROXANNE M. BORTNER, d/b/a LOCUST CREEK ACRES, Plaintiff, V. LYDIA MAGNI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 08-13 CIVIL TERM PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Roxanne M. Bortner, Plaintiff in the above action, respectfully represents that: The above-captioned action is at issue. 2. The claim of plaintiff in the action is: $ 810.00 The claim of defendants in the action is: N/A The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Christopher E. Rice; Trudy E. Fehlinger WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whome the case shall be submitted. Respectfully Submitted, Date. By: a Roxanne M. Bortner ORDER OF COURT AND NOW, this ? 4hLday of ? foregoing petit' n, AM I Esq., and appointed arbitrators in the above captioned action as 2008, in consideration of the Esq., prayed' for. ? y the MBayvIeeyv Edgar 1-6 I ?--? •VC cc Cr) f!_" r?a N ?c ? ?- v v. '?4 C7 i ? t. C r LLJ }y+ Y Q"- cle _!Li! _c 1) -Z r.L is 01 Roxanne M. Bortner, d/b/a/ Locust Creek Acres, Plaintiff In The Court of Common Please of Cumberland County, Pennsylvania No. 08-13 Lydia Magni, Civil Action - Law Defendant Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Co nwealth and that we will discharge the duties of our office with fide (??,Or Oleo Xeze? A igna a Signature Signature Robert C. Saidis Esq. James Decinti, Esq. Anthony L. DeLuca, Esq. Name (Chairman) Name Name Saidis Flower & Lindsay Law Firm Law Firm Law Firm 26 West High Street 1200 Camp Hill Bypass, Suite 205 113 Front Street, P. O. Box 358 Address Address Address Carlisle, PA 17013 Camp Hill, PA 17011 Boiling Springs, PA 17007 City, Zip City, Zip city, zip ,.f i2 Ya y Award a0.ral -4 /otiL7 We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated) Date of Hearing: October 29, 2008 &,I aidis (Chairman) Date of Award: in 7, eh 0 inti OVI f Anthony a ca Notice of Entry of Award Now, the day of "j3Q,Ly, 2008, at Q!6,2_, j.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' gmpensation to b/4aid upon appeal:. $ .TQ, ed By: Deputy . L u V1?14LV1• LL1JUVla4J ?iaa,ava ? aaaaaaav a uYraavarvavJ xw k c k"- L ems... --G CDO x ,?, 7)t7- r"ti F? 4 1 IN IM OOMM OF CMAON PLEAS M CUMMM MOC LMN, PMMVANIA Rammme W %to dlbiilaxetelc Armes, No.-73?g11178?11 PkW V. CNILAlClIGNuw L'YDIAIMOW nplin LW PRAE CrE FUR JlM f Enter Judgmer t in favor of Ptairrtiff and against: Lydia Urgrti Purst"t to Arbitration Award entered November 3, 2006. Damages shaN be set at 5340.00. Date: Q?- U q i,t oc 141'16A 414- tioxerne m. tsomw dlbla Locust Creep Acres 755 Grdmms Wood Road Newvle, PA 172418718 (717)249-5112 Now, 2009, JILOQ KENT IS ENTERED ABOVE. W- Mau %a rim YMWIII-IUf DVWW By: Dw* fir, x, = ,;,•?•? +" ; . .1 A zx) e 7 n y j 4' 1 IN nE OOURT OFCOWAON PLEAS OFCU1 OOtJl"Y, P fl VANIA RM me iM. Ebb" d% k I zaiat Cr eeic Acres, Nta. U8-13 C.IH#L. i£ M PakdiV V. CWLACTIOl "W LYDU1 #/, Defendant Notice is hereby given that a JUDGMENT in the above-captioned matter has been entered against you. A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. ?? Aot P , T Division By. Deputy If you have any questions regarding this Notice, please contact the filing party. Roxanne M. Bortner dlb/a Locust Creels Acres 755 Grahame Wood Rd. Newvile, PA 17241-9716 717-249.5112 This Notice isgiven in accordance with PA R.C.P. 236. Notice sent to: Attorney Trudy E. FO*Wr, At@orney for Defendant, Lydia Mao Martson Law Offices 10 East Figh Street Carlisle, PA 17013 +r . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIM DIVISION PRAECIPE FOR WRIT OF EXECUTION Lion: ? Confessed Judgment / D,(a "AR ea/ &07 n-e r Rother Ru.1 a, 06 /Sltr! &Vez 01,d1A l otu.f't Ceze it ?? vas File No. D JV- 13 /ilk K f ; X Amount Due V, : Interest ./ Atty s Comm p ?? d a f costs 9,3 (/0,0a TO THE PROTHONOTARY OF THE SAID COURT: The uodenigised hereby certifies that the below does not arise out of a retaf7 installment sale, contract, or account based on a coafeatiaa of jodgmcnt, but if it does,. it is based on the appropriate original proceeding Sled pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 2974 as amended and costs, as above, directing attsehment against the above-named gumWkee(a) for the following property (if real estate, supply sic copies of the description; supply four copies of 1 y personalty ba) A4 -4 e2 6d 1) At- and all of the defendant(s) m the on, custody or control of the said garnishee(s). ? (Indicato) Index this writ against the garnishee (s) as a lis pendens against real estate of the a) described in the attached exlu'bit. ?6kAuz Date l +?z signature: o •c - ,cam 'z/ o cu ,rt? Pont Name: t)D Je& not /k. d a f.? e r Address: )Ts &A,kR'W-P Waoce ?.( .7 Vk+ Attorney for. Telephone: Supreme Court ID No: Issue writ of execution in the above matter to the Sheriff of Cu /k 6 -e r ?u rr at! County, for debt; iaaerest and coats, upon the following dcwnl)ed property of the defendant (a) ALED-O?FICE OF THE ?&? NOTARY 2009 APR 16 PM 1 29 '?S.?.s - Last J.y. 00 t orb. z ? -- ,V"2. , rte' ,r . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-13 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ROXANNE M. BORTNER, DB/A LOCUST GREET ACRES, Plaintiff (s) From LYDIA MAGNI, 84 OLD BARN LANE, NEWVILLE, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY OF ANY NATURE WITHIN THE HOUSEHOLD OR IMMEDIATE VICINITY OF THE DEFENDANTS ADDRESS ETS., 84 OLD BARN LANE, NEWVILLE, PA 17241. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $340.00 Interest Atty's Comm % Atty Paid Plaintiff Paid $140.25 Date: APRIL 16, 2009 (Seal) L.L. Due Prothy $2.00 Other Costs C s R. Lon notary By: Deputy REQUESTING PARTY: Name ROXANNE M. BORTNER DB/A LOCUST CREEK ACRES Address: 755 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 Attorney for: Telephone: 717-249-5112 Supreme Court ID No. L Sheriffs Office of Cumberland County R Thomas Kline u'6Sf st culnbrw Edward L Schorpp Sheriff Solicitor M Ronny R Anderson Jody S Smith Chief Deputy ce OF r4E $"IRIFr Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/22/2009 02:15 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 24, 2009 at 1415 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Lydia Magni, by making known unto Frank Magni, Adult in Charge at 84 Old Barn Lane, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true anc correct copy of the same. Upon serving the writ of execution, Mr. Magni paid $536.89 to Deputies Noah Cline and Mark Conklin. 05/22/2009 R. Thomas Kline Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $56.64 (PAID BY DEFENDANT) May 22, 2009 ,/ 4/614, -'/ OS :E d L I adtl 6001 .Val, i t?? rn ') l,? C 4 R'1°..- SO ANSWERS, R THOMAS KLINE, SHERIFF WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-13 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ROXANNE M. BORTNER, DB/A LOCUST CREET ACRES, Plaintiff (s) From LYDIA MAGNI, 84 OLD BARN LANE, NEWVILLE, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY OF ANY NATURE WITHIN THE HOUSEHOLD OR IMMEDIATE VICINITY OF THE DEFENDANTS ADDRESS ETS., 84 OLD BARN LANE, NEWVILLE, PA 17241. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $340.00 Interest Atty's Comm % Atty Paid Plaintiff Paid $140.25 Date: APRIL 16, 2009 (Seal) L.L. Due Prothy $2.00 Other Costs //?". -WJ 61. A-AL%A4 C s R. Long, Pr ar yBy: Deputy REQUESTING PARTY: Name ROXANNE M. BORTNER DB/A LOCUST CREEK ACRES Address: 755 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 Attorney for: Telephone: 717-249-5112 Supreme Court ID No. DISTRIBUTION PLAINTIFF Roxanne M. Bortner, d/b/a Locust Creek Acres WRIT NO. 2008-13 Roxanne M. Bortner, d/b/a Locust Creek Acres -vs- Lydia Magni Real Debt $ 340.00 Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. 140.25 Miscellaneous Attorneys Fees $ 480.25 Sheriff's Costs: Docketing $ 18.00 Poundage 6.80 Law Library Prothonotary 2.00 Service 9.00 Postage .84 Advertising Postpone Sale Bad Check Charge Surcharge 20.00 Garnishee Levy TOTAL $ 56.64 Defendant Paid to Sheriff $ 536.89 Advance Costs 150.00 Total Collected $ 686.89 DISTRIBUTION Pd. To Pltff. $ 480.25 Refund of Adv. Costs 150.00 Sheriff's Costs 56.64 So Answers: R. romas Kline, Sheriff By