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Home My WebLink About08-1538 DONALD J. EDWARDS, JR., Plaintiff V. MPA PROPERTIES, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION --LAW NO. 68- (538 Civil learr? 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. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3188 800-990-9108 Y. DONALD J. EDWARDS, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION --LAW MPA PROPERTIES, LLC, NO. D P- /S38? 1 -- Defendant COMPLAINT AND NOW comes the Plaintiff, Donald J. Edwards, Jr., who, by and through his attorneys, Elizabeth S. Beckley, Esquire, Thomas S. Beckley, Esquire, and Beckley & Madden, of counsel, files this Complaint against MPA Properties, LLC, and, in support thereof, avers as follows: 1. Plaintiff is Donald J. Edwards, Jr. ("Edwards"), an adult individual with a business address of 1714 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is MPA Properties, LLC ("MPA"), a limited liability company organized and existing under the laws of the Commonwealth of Pennsylvania with a business address of 950 Walnut Bottom Road, Suite 15-114, Carlisle, Cumberland County, Pennsylvania 17015. 3. On or about May 24, 2007, Edwards and MPA entered into a written contract in which Edwards agreed to lend MPA the sum of $10,000.00 and MPA agreed to repay Edwards the sum of $20,000.00 in two payments of $10,000.00 each the first being due on or before August 22, 2007, and the second due on or before May 23, 2008. A true and correct copy of the Contract is attached hereto marked as Exhibit A and incorporated herein. 4. The parties' contract also provides that MPA shall pay any and all reasonable costs of collection and attorney's fees. 5. On December 6, 2007, Edwards sent MPA a demand letter requesting the payment that was due on or before August 22, 2007. A true and correct copy of Edwards' December 6, 2007 demand letter is attached hereto marked as Exhibit B and incorporated herein. 6. Despite demand for the same, MPA has failed to pay Edwards anything. COUNT I - BREACH OF CONTRACT EDWARDS v. MPA PROPERTIES, LLC 7. Edwards hereby incorporates paragraphs 1 through 6 of this Complaint as though set forth here at length. 8. Edwards has satisfied all conditions precedent to payment, and has otherwise performed all conditions on his part to be performed. 9. The amount demanded does not exceed the amount required for compulsory arbitration. WHEREFORE, Plaintiff, Donald J. Edwards, Jr., respectfully requests the Court 2 to enter judgment in his favor and against Defendant, MPA Properties, LLC, in the principal amount of $20,000.00, plus interest, costs and attorneys fees. DATED: 3 -5-o Respectfully submitted Of Counsel BECKLEY & MADDEN 212 North Third Street Post Office Box 11998 Harrisburg, Pennsylvania 17108-1998 (717) 233-7691 iza th . Be Thomas S. Beckley, Esquire Attorneys for Plaintiff Donald J. Edwards, Jr. 3 VERIFICATION I, Donald J. Edwards, Jr., hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. DATED: 3 -S -? Donald J. wards, Jr. EXHIBIT A r Simple Promissory Note MPA PROPERTIES, LLC. Of 950 WALNUT BOTTOM RD,'SUITE 15-114, CARLISLE, PA. 17015. Agrees and promises to pay to ,U ?,J --t f? , PA the sum of TWENTY THOUSAND Dollars ($20,000) for value received. PA3=nfx Will be mada as folio ws: ?o p A ug st 2007 $90,000 (represents the principal amount of loan) May , 2008 $10,000 (represents the return on the investment) 1213 this note is in default and is placed for collection, L&14U-- any and all reasonable costs of collection and attomeys' Bees, shalt pay (Borrower) bate bra - 0 ij (Lender) Date T/ ;? ij/47 EXHIBIT B 12/6i2007 MIKHAIL OCEAN 950 WALNUT BOTTOM ROAD SUITE 15-114 CARLIS[.E, PA 17013 Dear MIKHAIL On May 24th we entered into a contract stating that I would loan you $10,000 which I did, on 05/22/2007. This loan was given on the promise that you would return the $10,000 by August 22, 2007 and then pay $10,000 return on the loan by May 23, 2008. It is now 12/06/2007 and there has been no attempt to pay any portion of this back. We have spoken several times and you had said that I would receive my original loan by 10/22/2007, that has come and gone. As much as I do not want to do this I will have my legal council pursue this matter. They have reviewed promissory note and it is binding. Please respond by making payment by 12/18/2007 so that we do not have to have our council pursue. Mikhail .I did not want to have to write this letter since I considered us friends. However the money I loaned you is needed for my daughters college education so I'm sure you can understand any concern. Sincerely, Don Edwards Jr., CPIA na oc ' r ,° f . i ?7r 0 U.) 43 (n •-hr ?... F / ..< O SHERIFF'S RETURN - REGULAR CASE NO: 2008-01538 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EDWARDS DONALD J JR VS MPA PROPERTIES LLC WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon AMA n0nDVD'TT17C T.T.r' the DEFENDANT , at 1511:00 HOURS, on the 12th day of March at MIKHAIL OCEAN 118 STONEHEDGE DRIVE CARLISLE, PA 17015 by handing to MIKHAIL OCEAN, OWNER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Postage .58 Surcharge 10.00 .00 3?l y?0? 3 3 .3 8 Sworn and Subscibed to before me this day of 2008 So Answers: F R. Thomas Kline 03/13/2008 BECKLEY & MADDEN By. : Z??-Zv, -Z-- eputy Sheriff A. D. July 15, 2008 Civil Action 08-1538 Don J Edwards, JR., Plaintiff V. MPA Properties, LLC Defendants Defendant's Response to Civil Action The following is the Defendants response to each of the numbered items in the original complaint. 1. Of Civil Complaint - Defendant ADMIT 2. Of Civil Complaint - Defendant ADMIT 3. Of Civil Complaint - Defendant ADMIT 4. Of Civil Complaint - Defendant ADMIT 5. Of Civil Complaint - Defendant DENY, Demand Letter was not sent to MPA Properties, LLC, Exhibit B shows letter sent to Mikhail Ocean 6. Of Civil Complaint - Defendant ADMIT IN PART - As the Defendant is undergoing a financial reorganization, several attempts from July 2007 to December 2007 were made to repay by utilizing the only means available at the time -each attempt was refused by Plaintiff. As the original investment was in the context of real estate, it seemed reasonable to offer real estate equity in lieu of cash because the defendant was cash poor and had no other means to repay. 7. Of Civil Complaint - Defendant ADMIT 8. Of Civil Complaint - Defendant ADMIT 9. Of Civil Complaint - Defendant DENY, The Rate of Return on the Loan is excessive and a more reasonable rate has been requested. The principal amount of the Loan is $10,000. 2?s 0d2 DATE EFENDANT, MPA Properties, LLC By Member, Mikhail Ocean Ca f ? T . r r ? t G'7 - -Na DONALD J. EDWARDS, JR., Plaintiff V. MPA PROPERTIES, LLC, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :NO. 08-1538 PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Elizabeth S. Beckley, Esquire, counsel for the Plaintiff in the above captioned action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of Plaintiff in the action is $20,000.00 plus costs and interest. The counterclaim of the Defendant in the action is unknown. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbritrators: Elizabeth S. Beckley, Esquire, Charles O. Beckley, II, Esquire, Thomas S. Beckley, Esquire, Thomas A. Beckley, Esquire and John G. Milakovic, Esquire. Wherefore, Plaintiff prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. DATED: 94-ocl Of Counsel BECKLEY & MADDEN 212 N. Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 ORDER OF COURT AND NOW, , 2009, 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: J. CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: MPA Properties, LLC 950 Walnut Bottom Road Suite 15-114 Carlisle, PA 17015 DATED: ?P- '? ° PA rtl 4 f G.7? co DONALD J. EDWARDS, JR., Plaintiff V. MPA PROPERTIES, LLC, Defendant JN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :NO. 08-1538 PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Elizabeth S. Beckley, Esquire, counsel for the Plaintiff in the above captioned action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of Plaintiff in the action is $20,000.00 plus costs and interest. The counterclaim of the Defendant in the action is unknown. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbritrators: Elizabeth S. Beckley, Esquire, Charles O. Beckley, II, Esquire, Thomas S. Beckley, Esquire, Thomas A. Beckley, Esquire and John G'. Milakovic, Esquire. Wherefore, Plaintiff prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. DATED: 9-0A-? Of Counsel BECKLEY & MADDEN 212 N. Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 ORDER OF COURT AND N W, 2009, in consideratio o the foregoing petition, q., and -? Esq., and 14- Esq., are appointed arbitrators in the above captioned action as prayed for. ,d ap" es)? tI iPPPro ?10109 M ptb eC ' , J. LO r` tr_ CL Lt. U-- - 11 - w LA- i3 ?A G N (,} Donald J. Edwards, Jr. Plaintiff MPA Properties, LLC Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 08 -1538 Civil Action - Law. 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 Commonwealth th that we will discharge the duties of our office wi deli I Ax Z4,- 1 -1 ?G?rrri Sr a Signature Signature George B. Faller, Jr. Barbara Sumple-Sullivan Dawn S. Sunday Name (Chairman) Name Name Martson Law Offices Law Firm Law Office of William L. Sunday Law Firm 10 East High Street Address Carlisle, PA 17013 City, zip Law Firm 549 Bridge Street Address New Cumberland, PA 17070 City, zip 39 West Main Street Address Mechanicsburg, PA 17055 City, Zip zi /i'783 /A and z7c, 7 We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: Note: ]Mjunages f?delay are awarded, they shall be separately stated.) A, A M a P- r- K . Arbitrator, dissents. (Insert name if applicable. Date of Hearing: w ^ Z " t f // (Chairman) Date of Award: iO "2 Q Notice of Entry of Award Now, the day of J, I -A NC .V 200!5 , at q ' 1_C , IQL.M., the above award was entered upon the docket and notice ereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $_ 3 56 , od By: rothonotary Deputy FIB T?? 20G9 J U i J -3 t"iH 1: ! "1 (20 1 Lek, TIVI 4- . Lger u?y ?4? / AA. ' Yi £ Donald J. Edwards, Jr. Plaintiff County, Pennsylvania No. 08 - 1538 MPA Properties, LLC Defendant George B. Faller, Jr. Name (Chairman) Martson Law Offices Law Firm 10 East High Street Address Carlisle, PA 17013 City, Zip In The Court of Common Pleas of Cumberland Civil Action - Law. 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 Cth that we will discharge the duties of our office wi deli S Signature Signature Barbara Sumple-Sullivan Name Law Firm 549 Bridge Street Address New Cumberland, PA 17070 City, Zip Dawn S. Sunday Name Law Office of William L. Sunday Law Firm 39 West Main Street Address Mechanicsburg, PA 17055 City, zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or aTi med), make the following aw d: ote: If ages for delay are awarded, they shall be separately stated.) ra h d r- ?r,?; ?? d a& ooHd * "/' v Sr4' A-- , u z1 nb_Sf 1, VK'e-'*V K / , Nl -he "CW, f-/. IS R. LONG notary gland County 100 courthouse Square ee PA 17013 a? P"Ey BOWES 02 1A $ 00.440 0004631598 JUN04 2009 MAILED FROM ZIP CODE 17013 off, IS 3C", NIXIE 176 DE 1 00 06/14109 RETURN TO SENDER i /015 '-i 13 l.„IIf,,,III,,,,,,ll„Ii,,,l!?,?II,,, I111 FILED-OF, 1V4 ATTEMPTED - NOT KNOWN UNABLE TO FORWARD DC: 170133393'13._ *0319-OISGS-04-39 OF THE #' ,f-.gTARY 2ela JUN 16 AM 10: 3 6 CUPS` _ ? a `` MPA PROPERTIES LLC 950 WALNUT BOTTOM ROAD SUITE 15-1 1A CARLISLE, DONALD J. EDWARDS, JR., Plaintiff V. MPA PROPERTIES, LLC, To the Prothonotary: Defendant JN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW NO. 08-1538 PRAECIPE TO ENTER JUDGMENT Please enter judgment on the award of arbitrators filed in the above matter on June 4, 2009, the time for appeal having expired, and assess damages in favor of Plaintiff and against the Defendant as follows: Amount of Award Interest from June 4, 2009 Total Due Dated: August 28, 2009 Of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 $21,489.25 V $300.26 $21,789.51 Respectfully submitted z 1?e lAethS.VeEig4y',?51,@?Gir Counsel for Plaintiff Donald J. Edwards, Jr. In The Court of Common Pleas of Cumberland Plaintiff County, Pennsylvania No. 08 -1538 MPA Properties, LLC Defendant Civil Action - Law. 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 ;Commonwe th that we will discharge the duties of our office wi del i Si a Signature Signature George B. Faller, Jr. Name (Chairman) Martson Law Offices Law Firm 10 East High Street Address Carlisle, PA 17013 City, zip Barbara Sumple-Sullivan Name Law Firm 549 Bridge Street Address New Cumberland, PA 17070 City, zip Dawn S. Sunday Name Law Office of William L. Sunday Law Firm 39 West Main Street Address Mechanicsburg, PA 17055 City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: jNote: If„dpmages for delay are awarded, they shall be separately stated.) irt67 -C-? I- k" 911V_ a/# Oct Pf . Arbitrator, dissents. (Insert name if Date of Hearing: ? - Z - 6 l Date of Award: 6 -2 -Q `( Notice of Entry of Award (Chairman) Now, the day of 2002 _ _ , at .M., the above award was entered upon the docket and notice tTiereof given by mailto the parties or their attorneys. 45. Coel r-ri0M ECORU Arbitrators' compensation to be paid upon appeal: $ - o . nh 44- itowqy wil8fewf, g unto Set rots ttdtk as $a of said ONO at Cart*a Pa-- By. rothonotary CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: MPA Properties, LLC 950 Walnut Bottom Road Suite 15-114 Carlisle, PA 17015 MPA Properties, LLC 118 Stonehedge Drive Carlisle, PA 17015 l DATED: i eth ?? .,,, ?1?.t4;? ?, ,.. ;_ ;- ' '?;?py Z??? ..-, i ??'?`?-, ? .? ??. . ,;? ?? ,,tom y . o ? ? ?? ???-y ?s kf. ??J e c s /?-? ; l C ?l DONALD J. EDWARDS, JR., :1N THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW MPA PROPERTIES, LLC, :NO. 08-1538 Defendant JUDGMENT l AND NOW this day of , 200 in accordance with the foregoing Praecipe, judgment is hereby entered in favor of Plaintiff, Donald J. Edwards, Jr., and against Defendant MPA Properties, LLC, in the amount of $21,789.51. Ilk P othonotary DONALD J. EDWARDS, JR., Plaintiff V. MPA PROPERTIES, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :NO. 08-1538 RULE 236 NOTICE To MPA PROPERTIES, LLC, Defendant: You are hereby notified that on CL? . 0 , 2009, the following _ Order _ Decree X Judgment has been entered against you in the above captioned ase. DATED: othonotar I hereby certify that the name and address of the proper person(s) to receive this notice is: MPA Properties, LLC MPA Properties, LLC 950 Walnut Bottom Road 118 Stonehedge Drive Suite 15-114 Carlisle, PA 17015 Carlisle, PA 17015 A MPA PROPERTIES, LLC, Defendido/a Defendidos/as Por este medio se le esta notificando que el de del 2009, el/la siquiente _Orden Decreto X Fallo ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Prothonotario Certifico que la siguiente direccion es la del defendido/a sigun indicada en el certificado de residencia: MPA Properties, LLC 950 Walnut Bottom Road Suite 15-114 Carlisle, PA 17015 MPA Properties, LLC 118 Stonehedge Drive Carlisle, PA 17015 Abogado del Demandante