HomeMy WebLinkAbout04-0593COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of C~'
2-11-04 ~td in ~'s ~
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 04-593 Civ'L[
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.
ADDRESS OF APPELLANT
DATE OF JUDGMENT
C -oooo -
This block will be si~ned ONLY when this no(ation 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 ~n this case.
MAG. OIST NO. NAME OF D.J.
CITY STATE ZIP CODE
(Cefendant)'
If was Claiment (see Pa. RC.P.D.d. No. 1001(~) in action
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAEClPE: To Prothonotary
Enter rule upon
(Common Pleas No.
appellee(s), to file a complaint in this appeal
Name of appellee(s)
) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To , appellee(s)
Nsme of appellee(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 pemonal 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
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
( f ~ s p~oo o~ se~,ce MUS T £~E FILED Wf £HtN FE'N (¢O) DA YS AFT~ R fifing of the notice of ,~ppea~ Check app~ c~ble boxe ~J
COMMONWEALTH OF PENNSYLVAN A
COUNTY OF : ss
AFFIDAVIT: I heleby (sweat) (affirm) that serve(
a copy of the Notce of Appel, Common Pleas No upon the District J ~stice desig ~ated therein on
(da! ofse~'~'ice) ,20 i'[~ by personal service [-.~i b~ (certifed (registered) na
senders receipt attached hereto, and upon the ap[~eitee (r~ame :~
20 [*} by personal serwce [[~ by ((ettified) (regis~ered~ mai,
se~der's receipt x t~ached hereto
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF ,20
AOPC 312A - 02
COMMCNWEALTH OF PENNSYLVANIA
COUN TV ")F CUMB~.RLAND
09-3-03
SUSAN K. DAY
~'°'~ 229 MILL STREET, BOX 167
MT. HOLLY SPI~INGS, PA
486-7672 17065
ATTORNEY FOR PLAINTIFF
JOHN PORTER, ESQ.
61 W. LOUTHEI~ ST.
CARLISLE, PA 17013
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
CTAYLOR ItENTAL
1122 HARRISBURG PIKE
CAI~LISLE, PA 17013
VS.
~WA~ ~, ~Y A
8 ~I~ A~
~ HOLLY SPRIGS, PA 17065
Docket No.: ~-0000306- 03
Date Filed: 9/29/03
THIS IS TO NCTIFY YOU THAT:
Judgment:
~'~ Judgment was entered for: (Name)
E~ Judgment was entered against: (Name)
in the amount of $ on on:
~'~ Defendants are jointly and severally liable.
] Damages will be assessed on:
] This case dismissed without prejudice.
]Amount of Judgment SuDject to
Attachment/42 Pa.C.S. § 8127 $
E~ Portion of Judgment for physical
damages arising out of residential
lease $
FOR D~P~f~ANT
(Date of Judgment)
1/1t/n4
IDate & Time)
Amount of Judgment $ .
Judgment Costs $ ,00
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ .00
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FLUNG A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEA~, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIFT FORM WITH YOUR NOTICE OF APPEAL
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 DISTRICT JUSTICE.
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 DEiTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULl. SEI'rLES,
OR OTHERWISE COMPUES WITH THE JUDGMENT.
I certify that this is a true I~d correct copy of the reco~d of th~ proceedings containing the judgment,
Date , District Justice
My commission expires first Monday of January, 2004 .
AOPC 315-03 ]~,~ FE.~: 1/14/04 10101:55
SEAL
CHUCK CARLSON on behalf of
DRIVE THRU RENTAL, INC.
dPo/a TAYLOR RENTAL
Plaintiff
Vo
KERRY A. WAGNER, JR.
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION ~ LAW
NO.
COMPLAINT ON APPEAL FROM
DISTRICT USTICE
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 an 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 St.
Carlisle, PA 17013
(717) 249-3166 OR (800) 990-9108
CHUCK CARLSON on behalf of
DRIVE THRU RENTAL, INC.
d/b/a TAYLOR RENTAL
Plaintiff
KERRY A. WAGNER, JR.
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO.
COMPLAINT ON APPEAL FROM
DISTRICT JUSTICE
COMPLAINT
1. Plaintiffis the Owner and Principal Officer of Drive Thru Rental, Incorporated, a
Pennsylvania Corporation doing business under the name of Taylor Rental at 1122
Harrisburg Pike, Carlisle, PA 17013, Cumberland County.
2. Defendant is a former employee of Taylor Rental.
3. On August 20, 2003, defendant submitted a letter of resignation to the Plaintiff,
wherein defendant stated that his last day of employment would be August 29, 2003.
4. On August 28, 2003, plaintiffinspected defendant's work station at Taylor Rental.
5. Plaintiff discovered that all of the maintenance files of the business had been deleted
from a computer that was part of defendant's work station.
6. Plaintiff also discovered two messages in the "Microsoft Outlook" program on that
same computer.
7. The first one that was evident was located on the calendar entry for August 28, 2003,
and stated "Oh shit its all gone."
8. The second message was located on the calendar entry for August 20, 2003, and
stated "Fuck you."
9. When the Plaintiffconfronted the defendant with these facts, the defendant claimed
that he had deleted only his personal files.
10. The following day, however, one of Taylor Rental's employees informed plaintiff that
the day before, the defendant had admitted that he had deleted the maintenance files.
11. Another employee informed plaintiff that the defendant had in the past threatened to
delete all of the maintenance files when he lefi Taylor Rental's employ.
12. Defendant intended to interfere with Taylor Rental's right of possession in its
maintenance files.
13. Plaintiff has been unable to retrieve the deleted files from the computer's hard drive.
14. Defendant's act caused the loss of valuable data.
15. Plaintiff has consulted with PlanetCable, a company who's line of business is in part,
data retrieval.
16. Planet Cable has informed plaintiff that the data can be retrieved using specialized
computer sofiware,
17. Retrieval of the data will be faster than re-entry of the data -- either method will result
in financial injury to plaintiff.
WHEREFORE, plaintiff requests judgment from this Court in an an~ount that qualifies
this action for compulsory arbitration.
rote:- I } O
PA Sup. Ct. ID# 90152
61 W. Louther St.
Carlisle, PA 17013
717-249-1177
VERIFICATION
I verify that the statements made in this petition are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904
relating to unswom falsification to authorities.
Date
CHUCK CARLSON on behalf of
DRIVE THRU RENTAL, INC.
d/b/a TAYLOR RENTAL
Plaintiff
Vo
KERRY A. WAGNER, JR.
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO.
COMPLAINT ON APPEAL FROM
DISTRICT JUSTICE
CERTIFICATE OF SERVICE
I, John C. Porter, Counsel for Plaintiff, hereby certify that a
copy of Notice of Appeal and Plaintiff's Complaint was served upon Defendant, Kerry A.
Wagner, Jr., in the following manner:
certified mail to
8 Trine Avenue
Mt. Holly Springs, PA 17065
PA Sup. Ct. ID# 90152
61 W. Louther St.
Carlisle, PA 17013
717-249-1177
CHUCK CARLSON on behalf of
DRIVE THRU RENTAL, INC.
d/b/a TAYLOR RENTAL
Plaintiff
KERRY A. WAGNER, JR.
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO.
COMPLAINT ON APPEAL FROM
DISTRICT JUSTICE
CERTIFICATE OF SERVICE
I, Jolm C. Porter, Counsel for Plaimiff, hereby certify that a
copy of Notice of Appeal was served upon District Justice Susan K. Day in the following
manner:
certified mail to
229 Mill Street
Mt. Holly Springs, PA 17065
John C. Porter
Counsel for Plaintiff
PA Sup. Ct. ID# 90152
61 W. Louther St.
Carlisle, PA 17013
717-249-1177
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COI~PLAtNT
COUNTY OF
AFFIDAVIT:
(Hffs proof of se~tce MUST BE FILED Wt77-flN TEN (10) DA YS AFTT'R fii~ng of t,le notice of appeal ChecA applicable bexesj
COMMONWEALTH OF PENNSYLVANIA
t hereb~ (affirm) that I served
a copy of the Notice of Appeal, Common Pleas No, (~ ~ -~ .~, upon the District Justice designated ff~erein On
senders receipt attached hereto and upon the appellee, (name)
series rece~p~at~ached ~ereto. ' ~ y (cemfled) (~egis~ered) mail
NOTARIAL SEAL
CL~DIA A, BREWBAKER NOTARY PUBLIC
8oro, Cumberland County
Commission Expires April 4, 2005
AOPC 312A 02
COMMONWEALTH OF PENNSYLVANIA
ICouRT OF COMMON PLEAS
Jui::liclal District, C::nty Of CV
2-11-O4 g~d:~]. /n F.L~,~y'B O~J.C~
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. O4-593 Ctv'i-3-
NOTICE OF APPEAL
Notice is given that the appetlant 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.
MAG DIST NO NAME OF D,J.
~PELLANT
(Defendanf)*
DATE OF JUDGMENT IN THE CASE OF (Plainti~
DOCKET No.
C
This block will be sign~ ONLY when thi~ notation is r~uired under Pa. If Eppellant ~ ~1~ ~ Da. R.C.P.D.d. No. 100~(6) ~ action
before a D/strict Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
R.C.P.D.J. No. 1008S.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
PRAEClPE 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. I001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon )
(Common Pleas No.
appellee(s), to file a compiaint in this appeal
Name of appellee(s)
) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
, appellee(s)
RULE: To
Name of appellee(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 pemonal service or by cer[ifled or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGA NST YO~'._I
(3) The date of service of this rule if service was by mail is the date of the mailing. -
Date: ,20 Si~,,~lu~ef ~rotho~)tary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE
Brian J Puhala, Esq.
Halt & Puhala, P.C.
The Wellington Suite 101
17 East High Street
Harrisburg, Pennsylvania 17013-3047
(717) 249-4500
CHUCK CARLSON on behalf of
DRIVE THRU RENTAL, INC. d/b/a/
TAYLOR RENTAL,
Plaintiff
VS.
KERRY A WAGNER, JR.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 04-593 Civil Term
CIVIL ACTION - LAW
NOTICE TO PLEAD
TO:
Chuck Carlson, Plaintiff
c/o John C Porter Esq
61 W Louther St
Carlisle PA 17013
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM
SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU.
HAlT & PUHAL,at, P.C.
By:
Brian J Puhala
PA 52677
The Wellington
17 E High St STE 101
Carlisle PA 17013-3047
(717) 249-4500
Dated: February 23, 2004
Brian J Puhala, Esq.
Hait & Puhala, P.C.
The Wellington Suite 101
17 East High Street
Harrisburg, Pennsylvania 17013-3047
(717) 2494500
CHUCK CARLSON on behalf of
DRIVE THRU RENTAL, INC. d/b/a/
TAYLOR RENTAL,
Plaintiff
VS.
KERRY A WAGNER, JR.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 04-593 Civil Term
CIVIL ACTION - LAW
DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLANT
AND NOW, comes the Defendant, Kerry A Wagner, Jr., by and through his
attorneys, Halt & Puhala, P.C., and files these preliminary objections to the Complaint
filed in this matter pursuant to Pa.R.C.P. 1028:
1. Plaintiff, Chuck Carlson, filed a Complaint against Defendant alleging to be
acting "on behalf of" Drive Thru Rental, Inc.
2. Drive Thru Rental, Inc. is a Pennsylvania corporation under Entity No. 1614297
incorporated on or about October 18, 1990.
3. Plaintiffalleges to be the owner of Drive Thru Rental, Inc.
4. Defendant was a former employee of the corporate entity, Drive Thru Rental, Inc.
d/b/a Taylor Rental.
5. Paragraphs 6 through 8 of the Complaint reference "messages" appearing in a
software program called Microsoft Outlook.
6. There are no copies of the alleged messages attached to the Complaint.
First Preliminary Objection
Lack of Capacity to Sue
Pa.R.C.P 1028(a)(5)
7. The allegations of Paragraphs 1 through 6 above, inclusive, arc incorporated
herein by reference as if set forth in full.
8. Plaintiff, Chuck Carlson, seeks to bring this action in his own name on behalf of
Drive Thru Rental, Inc.
9. Plaintiff, Chuck Carlson, has not pled an assignment of the cause of action to him
personally.
10. Plaintiff, Chuck Carlson, lacks capacity to sue for the claim set forth in the
Complaint as such claim belongs to the corporation, its own legal entity, on
whose behalf he claims to bring the action.
WHEREFORE, Defendant, Kerry A Wagner, Jr., respectfully requests
the Complaint of Chuck Carlson be dismissed as Mr. Carlson lack capacity to sue on
behalf of the corporate entity, Drive Thru Rental, Inc.
Second Preliminary Objection
Failure to Conform to Law or Rule of Court.
Pa.R.C.P 1028(a)(2)
11. The allegations of Paragraphs 1 through 6 above, inclusive, are incorporated
herein by reference as if set forth in full.
12. Pennsylvania Rule of Civil Procedure 1019(i) requires the pleader to attach a
copy of the writing, or the material part thereof, upon which a claim is based.
2
13. A message located in an email program or calendar is a writing and can be
reproduced in hard copy.
14. The Complaint fails to attach a copy of the writing to which it refers in
paragraphs 6 through 8, inclusive, of the Complaint.
WHEREFORE, Defendant, Kerry A Wagner, Jr., respectfully requests
the Complaint be dismissed for lack of conformity to law or role.
Third Preliminary Objection
Demurrer
Pa,R,C.P 1028(a)(4)
15. For purposes of this Preliminary Objection only, the averments contained in
Plaintiffs Complaint are assumed true as stated.
16. The cause of action of Interference with Possession applies to real estate and
receiver.
17. Based on the allegations of the Complaint, Defendant did not take possession of
any land or other property of Plaintiff or the corporation on whose behalf
Plaintiff allegedly acts.
18. Plaintiffs Complaint fails to set forth or plead a cause of action upon which relief
can be granted.
WHEREFORE, Defendant, Kerry A Wagner, Jr., respectfully requests the
Complaint be dismissed for failure to state a claim upon which relief can be granted.
Respectfully Submitted,
HAlT & PUHALA, P.(~.
By:
Brian J Puhala
PA 52677
The Wellington
17 E High St STE 101
Carlisle PA 17013-3047
(717) 249-4500
Dated: February 23, 2004
4
CERTIFICATE OF SERVICE
I certify that a tree and correct copy of the foregoing DEFENDANT'S
PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLANT was served upon the
following person(s) by United States Postal Service, first-class postage prepaid on the
date appearing below:
John C Porter Esq
61 W Louther St
Carlisle PA 17013
Dated: February 23, 2004
By:
Brian J Puhala
5
DRIVE THRU RENTAL, INC.
d/b/a TAYLOR RENTAL
Plaintiff
KERRY A. WAGNER, JR.
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-593
COMPLAINT ON APPEAL FROM
DISTRICT JUSTICE
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 an 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 fights 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 St.
Carlisle, PA 17013
(717) 249-3166 OR (800) 990-9108
DRIVE THRU RENTAL, INC.
d/b/a TAYLOR RENTAL
Plaintiff
KERRY A. WAGNER, JR.
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-593
COMPLAINT ON APPEAL FROM
DISTRICT JUSTICE
AMENDED COMPLAINT
1. Plaintiff is Drive Thru Rental, Incorporated, a Pennsylvania Corporation doing
business under the name of Taylor Rental at 1122 Harrisburg Pike, Carlisle, PA
17013, Cumberland County.
2. Chuck Carlson (Carlson) is the Principal Officer of Drive Thru Rental, Incorporated
(Plaintiff) and the Manager of Taylor Rental.
3. Defendant, Kerry A. Wagner, Jr., is a former employee of plaintiff.
4. On August 20, 2003, defendant submitted a letter of resignation to Carlson, wherein
defendant stated that his last day of employment would be August 29, 2003.
5. On August 28, 2003, Carlson inspected defendant's work station at Taylor Rental,
Cumberland County.
6. Carlson discovered that all of plaintiff's maintenance files had been deleted from a
computer that was part of defendant's work station.
7. These maintenance files were owned and lawfully possessed by the plaintiff at all
times.
8. Carlson also discovered two messages in the "Microsoft Outlook" program on that
same computer.
9. The first one that was evident was located on the calendar entry for August 28, 2003,
and stated "Oh shit its all gone." See printout attached as Exhibit A.
10. The second message was located on the calendar entry for August 20, 2003, and
stated "Fuck you." See printout attached as Exhibit B.
11. When Carlson confronted the defendant with these facts, the defendant claimed that
he had deleted only his personal flies.
12. The following day, however, one of plaintiff's employees informed Carlson that the
day before, the defendant had admitted that he had purposefully deleted the
maintenance files.
13. Another of plaintiff's employees informed Carlson that the defendant had in the past
threatened to delete all of the maintenance files when he left plaintiff's employ.
14. Defendant intended to interfere with plaintiff's right of possession in its maintenance
files, plaintiff's chattels, when defendant deleted the maintenance files.
15. Defendant unlawfully and wrongfully converted plaintiff's maintenance files.
16. Plaintiffhas been unable to retrieve the deleted files from the computer's hard drive.
17. Defendant's act caused the loss of valuable data.
18. Plaintiff has consulted with PlanetCable, a company who's line of business is in part,
data retrieval.
19. Planet Cable has informed plaintiff that the data can be retrieved using specialized
computer software.
20. Retrieval of the data will be faster than re-entry of the data -- either method will result
in financial injury to plaintiff.
WHEREFORE, plaintiff requests judgment from this Court in an amount that qualifies
this action for compulsory arbitration.
Date:
Attorney for Plaintiff
PA Sup. Ct. ID# 90152
61 W. Louther St.
Carlisle, PA 17013
717-249-1177
EXHIBIT A
Full Name:
Last Name:
First Name:
,~AVE A NICE DAY
DAY
HAVE
OH SHIT !'T'S ALL GONE
EXHIBIT B
VERIFICATION
I verify that the statements made in this petition are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904
relating to unsworn falsification to authorities.
Date
ar son,
Plaintifl's Principal Officer
DRIVE THRU RENTAL, INC.
d/b/a TAYLOR RENTAL
Plaintiff
KERRy A. WAGNER, JR.
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-593
COMPLAINT ON APPEAL FROM
DISTRICT JUSTICE
_CERTIFICATE OF SERVICE
I, John C. Porter, Counsel for Plaintiff, hereby certify that a
copy of Plaintiff's Amended Complaint was served upon Defendant's Attorney of
Record, Brian J. Puhala, Esquire:
First Class Mail
Hair &Puhala, P.C.
Attn: Brian J. Puhala, Esquire
The Wellington Suite 101
17 Esat High Street
Carlisle, PA 17013-3047
John C. Porter -
Counsel for Plaintiff
PA Sup. Ct. ID# 90152
61 W. Louther St.
Carlisle, PA 17013
717-249-1177
Brian J Puhala, Esq.
Hair & Puhala, P.C.
The Wellington Suite 101
17 East High Street
Harrisburg, Pennsylvania 17013-3047
(717) 249-4500
DRIVE THRU RENTAL, INC. d/b/a/
TAYLOR RENTAL,
Plaintiff
VS.
KERRY A WAGNER, JR.,
Defendant
IN THE COURT OF COMMON PLEAS
i CUMBERLAND COUNTY, PENNSYLVANIA
No. 04-593 Civil Term
CIVIL ACTION -- LAW
ANSWER TO AMENDED COMPLAINT
AND NOW, comes the Defendant, Kerry A Wagner, Jr., by his attorneys, Hair
& Puhala, P.C., and answers the Amended Complaint as follows:
1. Denied. P}aintiffis without sufficient knowledge or information with which to form a
belief as to the averments of this paragraph.
2. Admitted in Part; Denied in Part. It is admitted that Chuck Carlson is the manager of
Taylor Rental. Plaintiff is without sufficient knowledge or information with which to
form a belief as to the remaining averments of this paragraph.
3. Admitted.
4. Admitted.
5. Denied. Plaintiffis without sufficient knowledge or information with which to form a
belief as to the averments of this paragraph.
6. Denied. Plaintiff is without sufficient lmowledge or information with which to form a
belief as to the averments of this paragraph.
7. Denied. Plaintiffis without sufficient knowledge or information with which to form a
belief as to the averments of this paragr, aph.
8. Denied. Plaintiff is without sufficient knowledge or information with which to form a
belief as to the averments of this paragraph.
9. Denied. This paragraph references an alleged electronic document for a specified
date. The document speaks for itself as to its contents. Furthermore, the document
attached to the Amended Complaint as Exhibit A does not contain a date; therefore,
the date of August 28, 2003 as being part of this alleged document is denied and strict
proof is demanded at trial.
10. Denied. This paragraph references an alleged electronic document for a specified
date. The document speaks for itself as to its contents.
11. Denied. This allegation alleges a confrontation with "these facts" between Mr.
Carlson and Defendant. From the content of this allegation, the term "these facts" is
unclear and nonspecific; therefore, this allegation is denied and strict proof is
demanded at trial.
12. Denied. Plaintiff is without sufficient knowledge or information with which to form
a belief as to the averments of this paragraph.
13. Denied. Plaintiff is without sufficient knowledge or information with which to form a
belief as to the averments of this paragraph.
14. This allegation is a conclusion of law to which no response is required. To the extent
such a response is required, it is denied as stated and strict proof is demanded at trial.
15. This allegation is a conclusion of law to which no response is required. To the extent
such a response is required, it is denied as stated and strict proof is demanded at trial.
16. Denied. Plaintiff is without sufficient knowledge or information with which to form a
belief as to the averments of this paragraph.
17. Denied. Plaintiffis without sufficient knowledge or intbrmation with which to form a
belief as to the averments of this paragraph.
18. Denied. Plaimiffis without sufficient knowledge or information with which to form a
belief as to the averments of this paragraph.
19. Denied. Plaintiff is without sufficient knowledge or information with which to form a
belief as to the averments of this paragraph.
20. Denied. Plaintiff is without sufficient knowledge or information with which to form a
belief as to the averments of this paragraph.
Dated: March 18, 2004
Hair & Puhala, P.C.
Brian J Puhala
Atty ID 52677
The Wellington
17 E High St STE 101
Carlisle PA 17013-3047
(717) 249-4500
17. Denied. Plaintiffis without sufficient knowledge or information with which to form a
belief as to the averments of this paragraph.
18. Denied. Plaimiff is without sufficient knowledge or information with which to form a
belief as to the averments of this paragraph.
19. Denied. Plaintiff is without sufficient knowledge or information with which to form a
belief as to the averments of this paragraph.
20. Denied. Plaimiff is without sufficient knowledge or information with which to form a
belief as to the averments of this paragraph.
Hair & Puhala, P.C.
Brian J Puhala
Atty ID 52677
The Wellington
17 E High St STE 101
Carlisle PA 17013-3047
(717) 249-4500
Dated: March 18, 2004
CERETIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing document was served upon
the following person by United State Postal Service, first-class postage prepaid on thc
date appearing below:
Dated: March 18, 2004
John C Porter Esq
61 W Louther St
Carlisle PA 17013
By:
Brian J Puhala
DRIVE THRU RENTAL, INC.
d/b/a TAYLOR RENTAL
Plaintiff
KERRY A. WAGNER, JR.
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-593
COIVIPLAINT ON APPEAL FROM
DIS'rRICT JUSTICE
PRAECIPE TO DISCONTINUE
To the Prothonotary:
Please discontinue the above-captioned matter. Thank You.
-- Chuck'Carlson, o~--beh~-~
DRIVE THRU RENTAL, INC.
d/b/a TAYLOR RENTAL
John~2. Porter, Esquire
Attorney for Plaintiff
Sup. Ct. ID #90152
61 West Louther Street
Carlisle, PA 17013
(717) 249-1177