HomeMy WebLinkAbout08-4021
.100
OS-yo1
Order of Court
Upon review and consideration this day of
12008
Of the plaintiff, Thomas Taylor's request to proceed, in forma pauperis, in
the matter of (Thomas Taylor vs. Morettis) it is hereby granted, and
ordered as follows, a rule is placed upon the prothonotary of the
Cumberland County Common Pleas Court, to waive all filing fees imposed
by this court, allowing the plaintiff to proceed into court.
It is hereby ordered,
Judge, Cumberland County
Common Pleas Court
0.
JK
Order of Court
And now comes Thomas A. Taylor, plaintiff in the instant matter at
bar, to respectfully request this court, to docket, and hold the instant case
at bar, in [abeyance] while the (2) parties attempt to meet a fair resolution.
However, if resolution is not met, due infact, to statute of limitations,
equitable telling is requested by the plaintiff, as of the notice of this filing, to
met all requirements of the statute of limitation, to prevent an untimely
filing.
Order
And now, this day of ,
2008, upon review and consideration of the plaintiffs request, to hold the
above cited matter, Thomas Taylor,'vs. Mr. Peter D. and Susan D. Moretti
case number ( ) civil matter, in "abeyance" to seek a resolution, is
hereby granted, and ordered as follows. The prothonotary of cumbertAnd
County shall docket the matter at bar, as (Held in Abeyance), and notify all
interested parties of this courts order.
It is so ordered
Judge
InmateS°atementCombined 68 - Y, / Page 1 of 1
Inmate Statement =
Inmate Reg 4: 09474067 Current Institution: Cumberland FO
Inmate Name: TAYLOR, THOMAS Housing Unit: CLIM-Z-A
Report Date: 07/01/2008 Living Quarters: Z02-203UAD
Report 'lime: 3:54:08 PM
Alpha
Code
Date/Time
Reference# Payment# Recelpt#
Transaction_Typee Transaction Encu
Amount mbrance
Amount Ending Balance
CUM 6;9/2008 HIS2038 FRP Quarterly Pymt $0.00 $11
02
1:40:35 PM .
CUM 5/28/2008 98 Sales ($11.85) $11
02
3:49:20 PM .
CUM 5/27/2008 DRR0527 Sales $9.00 $22
87
9:22:15 AM .
CUM 5/20/2008 154 Sales ($3.60) $13
87
8:05:53 PM .
CUM 5/14/2008 21 Sales ($15.65) $17
47
10:53:08 AM .
CUM 5/13/2008 TFN0513 Phone Withdrawal ($5.00) $33
12
8:48:25 PM .
CUM 4/9/2008 I Sales ($0.82) $38
12
10:06:54 AM .
CUM 4/6/2008 70105502 Lockbox - CD $17.75 $38
94
5:16:24 AM .
CUM 4/6/2008 70105502 Lockbox - CD $20.00 $21
19
5:16:19 AM .
CUM 3/19/2008 31 Sales ($0.70) $1.19
11:54:28 AM
CUM 3/7/2008 HIS2022 FRP Quarterly Pymt $0.00 $1
89
9:16:55 AM .
CUM 2/26/2008 136 Sales ($8.90) $1
89
7:47:16 PM .
CUM 2/20/2008 93 Sales ($2.20) $10
79
1:21:53 PM .
CUM 2/13/2008 7 Sales ($8.70) $12
99
10:24:22 AM .
CUM 1/30/2008 83 Sales ($14.60) $21
69
6:34:30 PM .
CUM 1/23/2008 85 Sales ($1.05) $36
29
5:18:26 PM .
CUM 1/23/2008 84 Sales ($174.35) $37
34
5:16:25 PM .
CUM 1/19/2008 33308008 Western Union $190.00 $211
69
1:12:33 PM .
CUM 1/18/2008 70100101 Lockbox - CD $21.69 $21
69
5:16:30 AM .
CUM 1/15/2008 96 Sales $0.00 $0
00
1 6:35:34 PM .
Total Transactions: 20
Totals: $11.02 $0.00
Current ances
Bal
A_v_ailaBle Pr?Rclcasc Debt SPQ Other Oatstan io am
A mi ' trative Account
Alpha Code Balance
Balance
EncumlLncg
Encambrance
Ensambranse
Instruments -
Hobs
Balance
CUM $11.02 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $11.02
Totals: $11.02 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $11.02
Other Balances
Natiooal.6 N094ni 6 Local Max Commissary
National 6 Months Months Avg Balance - Prev_30 Averagomalaace Restriction Start
Months_Dep2sits Withdrawals Daily-Balance Days - Prev_30_Days Date
$249.44 $238.42 $21.09 $11.02 $11.02 N/A
Certification of current inmate account balance as of 7/1/2008.
Karen McQueen, Bu Admi istrator
Commissary
Restriction End
Date
N/A
http:// 10.33.98.107/UMR/ImnateStatementCombined.aspx 7/ 1 /2008`
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Application to Proceed
"In Forma Pauperis"
I, Thomas Taylor, under the penalties of perjury, pursuant to 42
C.S.A. 4904, certify the following statements are true and attest, and pray
this Honorable Court, sign the attached order waiving all filing fees, to
allow the plaintiff to proceed.
Re pectfully Submitted,
.01 Tho a Taylor #09474-067
FCI Cumberland
P.O. Box 1000
Cumberland, MD 21501-1000
Statement of Fact
The plaintiff, Thomas Taylor, is currently incarcerated, in Federal
prison, serving a term of (46) months. The plaintiff, has (no bank
accounts), nor any money to pay any type of filing fee imposed by this
court. The plaintiff has ($11.00) in his inmate personal account. The
plaintiff, has, no car, or truck, owns no collectibles, jewelry or other assets,
that he could sell to pay any type of filing fee, thus prays for this court to
sign the attached order.
Plaintiff a,..=..? ?•
T s A. Taylor
IN CUMBERLAND COUNTY COURT OF COMMON PLEAS
FOR THE COMMONWEALTH OF PENNSYLVANIA
Thomas A. Taylor Civil Docket
Plaintiff
V.
No.-0-?--y?.2
Peter D. Moretti, Defendant
1928 Kenneth Ave.
Arnold, PA 15068
and
Susann D. Moretti, Defendant
1928 Kenneth Ave.
Arnold, PA 15068
Et./Al.
Jury Trial Demand
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT If you wish to defend yourself against the
claims set forth in the following pages, you must take action within (20) days
after this complaint and Notice have been served on you. By entering a written
appearance personally or by your Attorney, by filing in writing with this Court
your defense 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 this Court, without Notice to you, for
the amount of money claimed in the complaint or for any other relief requested
by the plaintiff. You may lose money or Real Property, or even Civil Rights that
are important to you. Note: You should take- these papers to your Attorney
immediately. If you do not have an Attorney you should contact the following
agency: The Cumberland County Attorney Bar Association at 32 South Bedford
Street, Carlisle, PA 17013. Phone: (717) 249-3166 or 1-800-990-9108.
COMPLAINT
And, now comes the Plaintiff, Thomas Allen Taylor to set forth as follows.
PARTIES
1. The Plaintiff, Thomas A. Taylor, is an adult individual residing at 1026
Ritner Highway, Carlisle, Cumberland County, PA 17013, whom the
listed defendants have harmed and defrauded greatly, with this
honorable court having jurisdiction over this matter. .
2. The Defendant, Mr. Peter D. Moretti, is an adult individual residing at
1928 Kenneth Avenue, Arnold, PA 15068, whom at all times relevant to
this action, caused the damages in this action to the said listed
"Plaintiff' Thomas Allen Taylor. With this honorable court having said
jurisdiction over, to grant the "Plaintiff"the relief requested.
3. The Defendant, Susan D. Moretti, is an adult individual, residing at 1928
Kenneth Avenue, Arnold, PA 15068. With all times relevant to this action
is a responsible party to this action, liable through "Common" Law, and
married to the said listed other defendant. Mr. Peter D. Moretti, his wife,
and, is clearly listed on the jointly owned checking account, whereupon
the two said defendants have incurred debt to the "Plaintiff' as a part of
the (Nexus) of this action. With this honorable said court having
jurisdiction over this matter and, thus able to enter a judgment, and
GRANT the relief requested by the Plaintiff, in the complaint now before
the court. .
4. Thus see the enclosed Exhibits of True and Attest copies of the
Defendants Checks to the Plaintiff.
OPERATIVE FACTS
5. On August 10, 2006, at 1026 Ritner Highway, Carlisle, Cumberland County,
PA, with this court having jurisdiction over this matter, the Defendant, Mr.
Peter D. Moretti, did enter into, willingly and freely, a written, binding
agreement by signing his signature and agreeing to pay the "Plaintiff"
Thomas A. Taylor, the sum of $7,000.00, for a group of historical posters.
Whereupon, the defendant, Mr. Peter D. Moretti, did then take and carry
away the said "Posters", promising to pay the Plaintiff within (30)
days... However, ever after rigorous attempts the Plaintiff has had nothing
more than false promises from the defendant, Mr. Moretti, that he would
pay the Plaintiff, Mr. Taylor. Thus, the Plaintiff, Thomas Taylor, respectfully
requests this court to enter a judgment in the amount of $7,000.00 in this
matter against the defendant, Mr. Peter D. Moretti, plus legal fees and
court costs. Note: See Exhibit (A) A true/and attest copy of the signed
agreement.
6. On September 19, 2006, at 1026 Ritner Highway, Carlisle, Cumberland
County, PA, with this court having jurisdiction over this matter. The
"Plaintiff" Thomas Taylor, in the .matter now before this court did accept
and received from the (2) said defendants, in the matter now before this
court, Mr. Peter D. Moretti, and Mrs. Susan D. Moretti, checks number (349)
and (353) written in the total amount of $11,525.00, drawn on the Parkvale
Bank of New Kensington, Pennsylvania 15068.
The Plaintiff, in this matter now before this court, Thomas Taylor, did
accept the defendants, Mr. and Mrs. Moretti's checks upon the Moretti's
promise the checks were valid, believing in "good faith" the defendants
were honest individuals. Thus, in exchange for the checks from the
defendants, the Plaintiff, trusting the defendants, surrendered various
valuable and rare Civil War artifacts, that he had received from his
parents' estate. "Defrauded" by the defendants, thus believing the
checks were valid. The Plaintiff in this matter now before this court,
Thomas Taylor, now to date, has received nothing except "worthless"
checks from the defendants, the "Morettis'.. Even after rigorous attempts
to settle this matter with the defendants, the Plaintiff has received nothing
more than "false promises". Thus, the Plaintiff respectfully requests this
court to enter judgment in the amount of $11,525.00, in favor of the
Plaintiff "Thomas Taylor", plus order legal fees, punitive damages, and
criminal charges of theft, by deception, uttering bad or worthless checks,
imposed against the defendants, Mr. and Mrs. Moretti. Thus, the Plaintiff
would request. incarceration time for the defendants, for theft and fraud,
a criminal offense within the Commonwealth of Pennsylvania,.
Cumberland County, with this court having jurisdiction. See Exhibit B
attached a true and attest copy of checks, court documents of estate
settlement of Civil War items, upon request (Inventory List Attached).
7. Upon a phone call to the defendants, Mr. and Mrs. Moretti, made by the
Plaintiff's wife, Mrs. Ana Taylor, to respectfully settle this matter, by the
defendants paying their debt, Mr. Moretti came to the Plaintiff's home,
located at 1026 Ritner Highway, Carlisle, Pennsylvania, Cumberland
County, 17013, with this court having jurisdiction over this matter,
purportedly to discuss settling this payment of the defendants "worthless"
checks.
However, once the defendant, Mr. Peter D. Moretti, was at the Plaintiff's
home located at 1026 Ritner Highway, Carlisle, Pennsylvania, Cumberland
County, 17013, Mr. Moretti, the said defendant in this matter now before
the court, became "irate and angry"...when asked to pay his debt,
ultimately grabbing Mrs. Taylor, constituting "criminal assault" a crime
punishable by imprisonment. Thus, grabbing check number (353) from
Mrs. Taylor and writing VOID on the face of the check, and BLANKING out
the date on the front of the check.
The Plaintiff in this matter, requests criminal charges of assault be initiated
by this court against the defendant, Mr. Peter D. Moretti, with an arrest
warrant issue forthwith.
8. On or about September 14, 2006, the defendants, in the said listed action
now before the court, more namely but not limited to, Mr. Peter D. Moretti,
did sell at Public Auction at the Carlisle Hotel, located at the
Carlisle/Harrisburg Pike in Cumberland County, Pennsylvania with this
court having jurisdiction over this matter. Through "American Eagle
Auction, Co." items belonging to the Plaintiff Thomas Taylor. More
specifically the items now in dispute before this court. That the
defendants, Mr. and Mrs. Moretti defrauded the Plaintiff Thomas Taylor out
of by issuing (2) worthless checks to him. The Plaintiff Mr. Taylor, Avers at
no time did he give the defendants permission to sell, or discard his items,
nor did title to said items pass hands, nor at any time the Plaintiff receive
any type of payment for his said items, thus the testimony of the auction
company's owner, auction contracts, etc. would prove to this court the
defendants are liable of fraud, theft by deception, and restitution to the
Plaintiff in the amount of $11,525.00, plus legal fees, punitive damages,
court costs, and any other fines or penalties this.court would deem proper.
The Plaintiff would request an immediate arrest warrant be issued to
ensure the defendants appearance. See Exhibit C - List of Items taken by
defendant. Note: See Auction Ad upon Request.
NEGLIGENCE
9. The negligence of the Defendants Mr. and Mrs. Moretti, constitute and
consist of:
A. Caused a loss of monies and value plus interest to the Plaintiff of
$65,000.00.
B. A loss of legal and court, fees to the Plaintiff (to be determined).
C. Marital problems, causing the Plaintiff to seek counseling, etc.
D. The Loss of the Plaintiff's property, the right to ownership,
sentimental value, and the duress the defendants caused.
E. Punitive and permanent damage to the Plaintiff's marital
relationship, due the defendants unrestrained, egregious
actions.
F. Pain and suffering, due to the financial difficulties the
defendants placed upon the Plaintiff's in which the Plaintiff and
his wife were about to give birth to their first child.
G. As a direct result of the defendants' negligence, the Plaintiff has
suffered an impairment of his earning capacity.
H. As direct result of the defendants' negligence, the Plaintiff has
suffered a diminution of life's pleasures, in which will be
continued to be suffered the same into the future.
With the aforementioned (A through 1) resulting as a direct result
of the defendants' negligence, causing serious and permanent
damage, now and into the future, to the Plaintiff, Thomas Taylor.
VERIFICATION OF STATEMENTS
I, Thomas A. Taylor, Plaintiff, in the foregoing attached lawsuit, clearly
understand that any intentional false statements herein are subject to the
penalties of the perjury pursuant to 18 Pa.C.S. 4904 relating to unsworn
falsifications to authorities, and hereby certify, the foregoing statements, are true
and attest.
Thomas A. Taylor
`jl?e-?.0ac(f76f-0&7
The Following Parties Served:
1. Pastor Pete D. Moretti (Defendant)
1928 Kenneth Avenue
Arnold, PA 15068
2. Susan D. Moretti (Defendant)
1928 Kenneth Avenue
Arnold, PA 15068
3. The Cumberland County Sheriff
c/o Cumberland County Courthouse
1 Court House Square
Carlisle, PA 17013
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4. The Prothonotary of Cumberland County Court House
1 Court House Square
Carlisle, PA 17013
WITNESS LIST
1. Thomas A. Taylor
2. Ana M. Taylor
3. American Eagle Auction Company
Mr. John Tonkavic III, CEO
President/Owner
4. Mrs. Jean Luifer
5. Mr. Donald Baker
6. Parkvale Bank
7. Fulton Bank
8. Carlisle Hotel
9. Middlesex Township Police
10. Ms. Sandy Hockensmith
11. Mr. John Hockensmith
12. Mr. Chuy, Owner
Super Buffet, Carlisle, PA
13. Attorney Fisher, :
Charles Fisher, Esq.
Westminster, MD
14.Attorney Eshelmen
Matt Eshelmen
Wormleysburg, PA
15. Attorney Bare,
Susan E. Bare, Esq.
Washington, D.C.
16.E-Bay, Inc.
17. Mr. John Burkholder, Private Investigator
RELIEF REQUESTED
Wherefore, for the aforementioned damages and negligence caused by
the defendants, Mr. Peter D. Moretti and Mrs. Susan D. Moretti, the Plaintiff
Thomas A. Taylor demands judgment against the defendants in the amount of
$250,000, plus punitive.damages. to be imposed by a jury, together with the
legal fees, court costs, fines, etc., imposed by this honorable court, thus the
Plaintiff, would further respectfully request this court to initiate criminal charges
to imprison the defendants, for theft, fraud, assault, 'etc., and any other course
of action this Court may deem proper.
Respectfully Submitted,
'? "*-a Or-e?
Thomas A. Taylor, Plaintiff
INVENTORY LIST OF CIVIL WAR AND OTHER ITEMS TAKEN BY DEFENDANT
1. Original 1863 Springfield Musket, Near Mint, 98%
2. Rare: Frank Wesson Civil War Carbine, Near Mint, 98%
3. Rare: 1858 Sharps Four Shot Derringer
4. 1873 Defender.22 Cal Pocket Pistol
5. 1888 German Mauser, Mint Condition
6. 1861 Confederate Conversion Musket/Brass capped (Rare)
7. Civil War Union Frock Coat (Artillery Model)
8. Civil War Union, New.York Officers Frock Coat
9. 2 - Union Civil War Hats "Capies" - Near Mint Condition
10. Rare: Civil War Veterans "Stereoviewer" .58 Cal Musket Ball
11. Rare: Regimental Civil War Photo Album
12. Rare: Civil War Officer Boots - Mint Condition
13. Model 1860 Civil War N.C.O. Officers Sword (Engraved)
14. Model 1860 Confederate Sword (Near Mint)
15. Confederate Calvary Saber (Marked R.C.)
16. 1851 Colt Navy Model Pistol (in Holster) (Near Mint)
17. 1849 Colt Pocket Model Pistol- 85% Mint
18. 2 Civil War Photos of Union Soldiers
19. Confederate Bugle
20. 1871 Double Barrel (stage Coach) Gun
21. Various Union Civil War Sabers (Approx. 8 Sword & Total)
22. (1340) Civil War Poster See: Attached Signed Contract
23. Various Musical Instruments, (guitars, violins, etc.)
24. (Return( of 4th N.C. Framed Flag.
PETER D. MORETTI e'73a9/2430 349
SUSAN D. MORETTI,, 00205240
1928 KENNETH AVENUE PH. 724-339=0583
ARNOLD, PA 1506$ . Dnrs ? 9. `C
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PETER D. MORETTI
SUSAN D. MOREIT
1928 KENNETH AVENUE P-W?Pt*z:
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Order of Court
Upon review and consideration this Z/ '. day of
V6t±? 2008
Of the plaintiff, Thomas Taylor's request to proceed, in forma pauperis, in
the matter of (Thomas Taylor vs. Morettis) it is hereby granted, and
ordered as follows,
to waive all filing fees imposed
by this court, allowing the plaintiff to proceed irtto-cotxrt. r» 05 -- ? ?•?'
It is hereby ordered,
e, Cumberland County
Common Pleas Court
V
6o :c add # z inr oooz
David D. Bueff
Prothonotary
KirkS. Sohonage, ESQ,
Solicitor
0
V
7750
Wrnee X Simpson
IS` Deputy Prothonotary
Irene E. Morrow
2"d Deputy Prothonotary
Office of the ftothonotary
Cum6erfand County, Tennsy(vania
68 - "70o?j CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R.C.P 230.2
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square 0 Suite 100 • Carlisle, PA 17013 9 (717 240-6195 9 Fax (717 240-6573