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HomeMy WebLinkAbout08-6437y ? u, L ) TM UP PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of DISTRICT JUSTICE JUDGMENT COMMON PLEAS-No. 0 4 3 7 Lt4xj 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. OF This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. V5 Sip mb- of Prolh-otwy or Wp+fY (This section of thrm 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 ENTER RULE TO FILE COMPLAINT AND RULE TO FILE PRAECIPE: To Prothonotary Enter rule u L u_11 JA r.n I ?. appellee(s), to file a complaint in this appeal pon a -? T ???lVeme of appelree(s) J (Common Pleas No. ©p . (r q 3 7 c.? -? within twenty (20) days after service of rule or suffer entry of judgment of non pros. X NOTICE OF APPEAL FROM was before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. C&iPW-0 ofappellent orattomey or agent RULE: TO A. ?n,o Lk.t?.?® appellee(s) Name of appellee( -? (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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. /? Date: 371 , 20D?' f -r- Signature of Prosiom&ry W 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 -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERWCE OF NOTICE OF APPEAL AND RULE TO FILE' COMPLAINT (This proof of service MUST BE FILED WITHIN TEN. j10) 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 persona( service ? by (cert#fied) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on 20 A.. at VsIT1YA-14NNd ((?? q Gz :ZI add o£ 130 8681 ,k8V1 N,0H.i0 3Hl -40 30U 0-1911 COMMONWEALTH OF PENNSYLVANIA PnHniTv nG• CIMsRLUM Ma¢ Dist. No.: 09-3-02 MDJ Name: Hon. VIVIIIW CORK= Across: PO BOX 155 27 M BIa SPRING A?VE 1IE11VILLS, P, Telephone: (717) 776-3187 17241 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME end ADDRESS r-cm=xlfiBA11E JR, JORK a 1511 E COIOQRC! 1?V= C1?RLIBLE, P]1 17013 L J vs. DEFENDANT: NAME end ADDRESS r-BRUGUMT, 111ITZ71 116 PIIQ XNOB RD 10MMILLE, P, 17241 L J BTRVZ 8S73fiaRT 116 PIM KNOB RD Docket No.: CV-0000134-08 XZWVXLLE, PA 17241 Date Filed: 8/08/08 THIS IS TO NOTIFY YOU THAT: !OR PLAZBTIIIr (Date of Judgment) 10/08/08 Judgment: © Judgment was entered for: (Name) r' ni 0 T ?>t JR• JOW , © Judgment was entered against: JNam, ONO URT, BTBVE 8 in the amount of $ 2, '8. Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 2, 666.69 Judgment Costs $ • Interest on Judgment $ .00 Attorney Fees $ .III Total $ 2,798.54 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 RUNG A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CML DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CML PROCEDURE FOR MAG WrERIAL 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 REOUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. - `zl -O'Y Date I certify that this is a true and correct copy of c Magisterial District Ju record of the proceedings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-07 DATE PRAM?: 10/28/08 10:5300 AM COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0 `( 3 7 rtvG f ;;,- 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. 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. Sonature of Prothonotary - Deputy ve was in before a District Justice, A COMPLAINT MUST BE PILED within twenty (20) days after filing the NOTICE of APPEAL. PRAE IPE T NTER RULE TO FILE ?OMPLAINT Ab&li& TO FILE This NOT sectiUSED,on of detach formfrom ' lant was DEFENDANT (see Pa.C.P.D.J. No. 1001(7)_ I'D actioon?fore District Justice. IF o - copy of notice of ap o be served upon appellee. `) Cx 1 PRAECIPE: To Prothonotary aky Enter rule upon j t ' appellee(s), to file a complaint in this appeal Of appellees) (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. t Mnature of appellant or attorney or agent RULE: To appellee(s) Name Of appe1190NA (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 3 ` ' ^ `L' 4 tr,T" 'sighaffire ' 7; t„ G -vlS? o rotAetrot ry my YOU MUST INCkU69 A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE ¦ Complete Rams 1, 2, and 3. Also complste item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 1511 . Cp n? lm ?rc? I?Ye . ?I?sfP, o013 ? ? Agent X 01 / j ? Addreews B eceived by tinted Name) C. Date of Delivery VP. I I -. D. Is delivery address different tg(n item 1? ? Yes If YES, enter delivery address below: ? No N0V - 1 2008 Q Q 3. Service Type ? Certified Mail ? Express Mail 55 Say _ { ? Registered ? Return Receipt for Merchandise '. -r ? Insured Mail ? C.O.D. r 4. Restricted Delivery? (Extra Fee) ? Yes r- :9 2. Article Number 7008 015 0 0000 9039 1809 (Transfer from serviced ---- -_. -,__:-_-- 102595-02-M-1540 r PS Form 3811, February =4 DoletrrN- RAt+xn Receipt _ - - - ----- - ----- P"Of OF -Www"-= OIF N07 .0IFAPPEAL AW*KE COMPLAINT (This proof of service MUST BE BLED mn*N TEN (10) DAYS AFT5R jijio of the rrofioe of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF L . ,r. t- a J ; ss AFFIDAVIT I hereby -(ter){-af ifm) that I served a copy of the Notice of Appeal, Common Pleas 0 P -,4 513 upon the District Justice designated therein on (date of service) 20 O¢ by personal service ? by (certified) (registered) mail,, sender's receipt attached hereto, and upon the appellee, (name)?+ Curfa., Ztt 3 200 ? by personal tserviee 1 (certified) (re istered) mail, sender's receipt attached hereto. TS?WSORNIOFFI D ED) OAND S BSCR"WED BEFORE ME 2009-. Sign®fure of official before Whom &MiVff°was made raeofoal My commission expires on Q I - Dt{ 20-L- ?I I Signature ofaffianf Cr C3 CO ri m --? r-3 Ir Postage $ C3 Certified Fee C3 Return Receipt Fee O (Endorsement Required) C3 Reel i w ©CT ?Yrrk (Endo eementRequlrFeceef) :a• 111 r-3 Total Postage & Fees r. O cD Sent o Q C3 aPr:-: 4LJ or PO Box No. tAt X44 ---- -----------. j -3 Salzmann Hughes, P.C. BY: David H. Martineau, Esquire Attorney I.D. No. 84127 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Telephone: 717-249-6333 At QMM for Plaintiff JOHN A. CUNNINGHAM, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. STEVEN D. SHUGHART, NO: 2008-6437 CIVIL ACTION -LAW Defendant : JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Steven D. Shughart, Defendant 116 Pine Knob Road Newville, PA 17241 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (800) 990-9108 (717) 249-3166 Salzmann Hughes, P.C. BY: David H. Martineau, Esquire Attorney I.D. No. 84127 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Telephone: 717-249-6333 Fax 717-249-7334 AMMIM for Plaintiff JOHN A. CUNNINGHAM, JR., Plaintiff V. STEVEN D. SHUGHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 2008-6437 CIVIL ACTION -LAW : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, John A. Cunningham, Jr., by and through his counsel, SALZMANN HUGHES, P.C., and file this Complaint and in support thereof avers the following: 1. Plaintiff, John A. Cunningham, Jr., is an adult individual residing within Cumberland County, Pennsylvania. 2. Defendant, Steven D. Shughart, is an adult individual residing at 116 Pine Knob Road, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiff is the owner of real property located at 494 Furnace Hollow Road, Shippensburg, Cumberland County, Pennsylvania. (the "Property") 4. In or about April of 2008, Plaintiff hired Defendant to remove trees from the Property. 5. Defendant agreed to sell certain timber removed from Plaintiff's property. 6. In consideration for Shughart's work in removing certain trees from the Property, Defendant was to retain one half (1/2) of the value of the timber removed and sold. 7. Defendant agrees to pay one half (1/2) of the value of the trees removed from the Property and sold. 8. Defendant sold a portion of the timber removed from Plaintiff's property (the "Timber") to Glatfelter on April 25, 2008 for $332.97. 9. Defendant sold a portion of the Timber to Glatfelter on April 27, 2008 for $343.49. 10. Defendant sold a portion of the Timber to Glatfelter on April 30, 2008 for $276.52. 11. Defendant sold a portion of the Timber to Glatfelter on May 5, 2008 for $278.46. 12. Defendant sold a portion of the Timber to Glatfelter on May 11, 2008 for $267.54. 13. Defendant sold a portion of the Timber as four (4) loads of firewood for $550.00 each for a total of $2,200. 14. Defendant sold a portion of the Timber to Monn's Firewood on April 23, 2008 for $670.00. 15. Defendant sold a portion of the Timber to Monn's Firewood on May 12, 2008 for $968.40. 16. Defendant sold the Timber for a total amount of Five Thousand Three Hundred Thirty- Seven and 38/100 Dollars ($5,337.38). 17. Plaintiff is entitled to one half of the value of the timber removed from Plaintiff's Property, being Two Thousand Six Hundred Sixty Eights and 69/100 Dollars ($2,668.69). 18. Despite repeated demands, Defendant has refused to pay Plaintiff the sum of Two Thousand Six Hundred Sixty Eights and 69/100 Dollars ($2,668.69). 19. As a result of Defendant's failure to pay the money owned to Plaintiff, Plaintiff has been damaged in the amount of Two Thousand Six Hundred Sixty Eights and 69/100 Dollars ($2,668.69). COUNT I - BREACH OF CONTRACT 20. The allegations of Paragraphs 1 through 19 are incorporated herein as if set forth in full. 21. Plaintiff and Defendant had an oral contract pursuant to which: a. Defendant agreed to remove certain trees from Plaintiff s Property; b. Defendant agreed to sell the marketable lumber from the trees Defendant removed from Plaintiff s Property; and C. Plaintiff and Defendant agreed that Defendant would be entitled to one half (1/2) of the proceeds from the lumber sold and Plaintiff would be entitled to one half (1/2) of the proceeds of the lumber sold. 22. Defendant breached the contract by failing to provide Plaintiff with one half (1/2) of the proceeds from the sale of the lumber removed from Plaintiff's Property. 23. As a result of Defendant's breach of the contract between Plaintiff and Defendant, Plaintiff has been damaged in the amount of Two Thousand Six Hundred Sixty Eights and 69/100 Dollars ($2,668.69). WHEREFORE, Plaintiff prays this Honorable Court to enter judgment in favor of Plaintiff and against Defendant in the amount of Two Thousand Six Hundred Sixty Eights and 69/100 Dollars ($2,668.69), together with any other relief which this Court may deem appropriate. COUNT II - UNJUST ENRICHMENT 24. The allegations of Paragraphs 1 through 23 are incorporated herein as if set forth in full. 25. The reasonable value of the lumber removed from Plaintiffs property is 26. The reasonable value of Defendant's work removing the trees is Two Thousand Six Hundred Sixty Eights and 69/100 Dollars ($2,668.69). 27. Defendant has accepted the value of the lumber removed from Plaintiffs Property and sold. 28. Defendant would be unjustly enriched in the amount of Two Thousand Six Hundred Sixty Eights and 69/100 Dollars ($2,668.69) if Defendant were to retain the full value of the lumber removed from Plaintiffs Property without paying Plaintiff the sum of Two Thousand Six Hundred Sixty Eights and 69/100 Dollars ($2,668.69). WHEREFORE, Plaintiff prays this Honorable Court to enter judgment in favor of Plaintiff and against Defendant in the amount of Two Thousand Six Hundred Sixty Eights and 69/100 Dollars ($2,668.69), together with any other relief which this Court may deem appropriate. COUNT III - QUANTUM MERUIT 29. The allegations of Paragraphs 1 through 28 are incorporated herein as if set forth in full. 30. Plaintiff conferred a benefit upon Defendant in the form of permitting Defendant to sell Plaintiffs lumber. 31. The reasonable value of the benefit is Two Thousand Six Hundred Sixty Eights and 69/100 Dollars ($2,668.69), together with any other relief which this Court may deem appropriate. 32. Defendant has accepted and retained the value of the benefit conferred upon him by Plaintiff. WHEREFORE, Plaintiff prays this Honorable Court to enter judgment in favor of Plaintiff and against Defendant in the amount of Two Thousand Six Hundred Sixty Eights and 69/100 Dollars ($2,668.69), together with any other relief which this Court may deem appropriate. SALZMANN HUGHES, P.C. By , `- David H. Martineau, Esquire Attorney I.D. No. 84127 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorneys for Plaintiff Dated: November/ J, 2008 VERIFICATION I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. ,?Alol ADate: CERTIFICATE OF SERVICE AND NOW, this?day of November 2008, I, David H. Martineau, Esquire, of Salzmann Hughes, P.C., attorneys for Plaintiff, hereby certify that I served the foregoing document his day by depositing the same in the United States mail, postage prepaid, in Carlisle, Pennsylvania, addressed to: Steven D. Shughart 116 Pine Knob Road Newville, PA 17241 Davi H. Martineau, Esquire . _ tl) Y C l . JOHN A. CUNNINGHAM, JR., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, VS. : NO. 2008-6437 STEVEN D. SHUGHART, : CIVIL ACTION - LAW Defendant NOTICE TO PLEAD To: John A. Cunningham, Jr. c/o David H. Martineau, Esquire Salzmann Hughes, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 You are hereby notified to file a written response to the New Matter that was filed on December 31, 2008 within twenty (20) days from service hereof or a judgment may be entered against you. By: Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 Attorney for Defendant JOHN A. CUNNINGHAM, JR., Plaintiff, VS. STEVEN D. SHUGHART, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-6437 CIVIL ACTION - LAW DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT AND NEW MATTER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied as stated. Defendant denies that he was to retain one half of the value of the timber removed and sold. 7. Denied as stated. Defendant denies that he was to pay one half of the value of the trees removed and sold. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 1 14. Admitted. 15. Admitted. 16. Admitted. 17. Denied. It is denied that Plaintiff is entitled to one half of the value of the timber removed from the Property. 18. Admitted in part and denied in part. It is admitted that Defendant has refused to pay Plaintiff $2,668.69. Defendant denies any inference that Plaintiff is entitled to the amount demanded. 19. Denied. It is denied that Plaintiff has been damaged in the amount of $2,668.69. Strict proof thereof is demanded at trial. COUNT I - BREACH OF CONTRACT 20. No response required. 21. Admitted in part and denied in part as follows: a. Admitted. b. Admitted. c. Denied. Defendant denies that the parties would equally split the proceeds of all timber sold. 22. Paragraph 22 of Plaintiff's Complaint is a legal conclusion to which no response is required. 23. Paragraph 23 of Plaintiff's Complaint is a legal conclusion to which no response is required. WHEREFORE, Defendant requests this Honorable Court rule in favor of Defendant on Count I of Plaintiff's Complaint. COUNT II - UNJUST ENRICHMENT 24. No response required. 25. No response required, as Paragraph 25 of Plaintiff's Complaint is an incomplete statement. 2 26. Admitted. 27. Admitted in part and denied in part. It is admitted that Defendant has accepted value from work he performed in removing timber from Plaintiff's property. Defendant denies any inference that he has been unjustly enriched for the work he performed. 28. Paragraph 28 of Plaintiff's Complaint is a legal conclusion to which no response is required. WHEREFORE, Defendant requests this Honorable Court rule in favor of Defendant on Count II of Plaintiff's Complaint. COUNT III - QUANTUM MERUIT 29. No response required. 30. Paragraph 30 of Plaintiff's Complaint is a legal conclusion to which no response is required. 31. Paragraph 31 of Plaintiff's Complaint is a legal conclusion to which no response is required. 32. Paragraph 32 of Plaintiffs Complaint is a legal conclusion to which no response is required. WHEREFORE, Defendant requests this Honorable Court rule in favor of Defendant on Count II of Plaintiffs Complaint. NEW MATTER 33. Defendant incorporates herein by reference all averments of this pleading as if more fully set forth hereinafter. 34. Plaintiff's Complaint fails to state any cause of action upon which relief may be granted. 3 35. To the extent that Plaintiff have suffered any damage, said damage was caused by Plaintiff, and not by the actions or inactions of Defendant. 36. Plaintiff's claims are barred because they have failed to mitigate any damages they may have suffered. 37. Plaintiff's claims are barred by the doctrine of unclean hands. 38. Plaintiff's claims are barred by the doctrine of estoppel. 39. Plaintiff's claims are barred by the doctrine of laches. 40. Plaintiff's claims are barred by the defense of accord and satisfaction. 41. Plaintiff s claims are barred by the statute of fraud. 42. Plaintiff's claims are barred by the doctrine of consent. 43. Plaintiff's claims are barred by the doctrine of duress. 44. Plaintiff's claims are barred by the doctrine of release. 45. Plaintiff's claims are barred by the doctrine of waiver. 46. Plaintiff's claims are barred by the doctrine of res judicata. 47. Plaintiff's claims are barred by the doctrine of collateral estoppel. 48. Plaintiff's claims are barred by the relevant statute of limitations. 49. Plaintiff engaged the services of Defendant because Plaintiff wanted to clear an area of his land in order to build a log home. 50. Plaintiff and Defendant agreed that Defendant was to cut down the trees and sell the timber, with the parties splitting the proceeds as follows: a. 100% of proceeds from timber sold for pulpwood to be distributed to Defendant; b. $100 per load of proceeds from timber sold for firewood to be distributed to Plaintiff, and the balance of the proceeds to Defendant; 4 c. 50% of proceeds from sale of "saw logs" to be distributed to Plaintiff and the remaining 50% of the proceeds to be distributed to Defendant. 51. Pursuant to terms of the agreement stated in Paragraph 50 above, Plaintiff was due a total of $1,219.20. WHEREFORE, Defendant requests this Honorable Court rule in favor of Defendant and against Plaintiff. Respectfully„ Submitted Date: By: Aifdrew H. Shaw, Esgiire Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Defendant CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Defendant's Answer with New Matter, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: David H. Martineau, Esquire Salzmann Hughes, P.C. 354 Alexander Spring Road, Suite Carlisle, PA 17015 Attorney for Plaintiff Date: V - 5 ? ? Sup. Ct. I.D. No. 87371 Law Office of Andrew H. Shaw, P.C. Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Defendant ? ? [, c,? --? ? `- "?"4 C.d+ C .: °- Ja ?.) , ? l,?J -` r Salzmann Hughes, P.C. BY: David H. Martineau, Esquire Attorney I.D. No. 84127 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Telephone: 717-249-6333 Fax 717-249-7334 A Off for Plaintiff JOHN A. CUNNINGHAM, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO: 2008-6437 CIVIL ACTION -LAW STEVEN D. SHUGHART, Defendant JURY TRIAL DEMANDED ANSWER TO NEW MATTER AND NOW, comes the Plaintiff, John A. Cunningham, Jr., by and through his counsel, SALZMANN HUGHES, P.C., and file this Answer to New Matter as follows: 33. Plaintiff hereby incorporates Paragraphs 1 through 32 of his Complaint as if set forth in full. 34. Paragraph 34 contains a conclusion of law to which no responsive pleading is required. To the extent any responsive pleading is required, the same is denied and strict proof thereof is required at trial. 35. Paragraph 35 contains a conclusion to which no responsive pleading is required. To the extent any responsive pleading is required, the same is denied and strict proof thereof is required at trial. 36. Paragraph 36 contains a conclusion of law to which no responsive pleading is required. To the extent any responsive pleading is required, the same is denied and strict proof thereof is required at trial. By way of further answer, Defendant has not plead any facts supporting the conclusion that any act of mitigation would have lessened damages sought by Plaintiff. r 37. Paragraph 37 contains a conclusion of law to which no responsive pleading is required. To the extent any responsive pleading is required, the same is denied and strict proof thereof is required at trial. By way of further answer, Defendant has not plead any facts purporting to give rise to the defense of unclean hands. Additionally, an equitable defense is not applicable to Plaintiffs action at law. 38. Paragraph 37 contains a conclusion of law to which no responsive pleading is required. To the extent any responsive pleading is required, the same is denied and strict proof thereof is required at trial. By way of further answer, Defendant has not plead any facts purporting to give rise to the defense of estopple. 39. Paragraph 39 contains a conclusion of law to which no responsive pleading is required. To the extent any responsive pleading is required, the same is denied and strict proof thereof is required at trial. By way of further answer, Defendant has not plead any facts purporting to give rise to the defense of latches. Additionally, an equitable defense is not applicable to Plaintiff s action at law. 40. Paragraph 40 contains a conclusion of law to which no responsive pleading is required. To the extent any responsive pleading is required, the same is denied and strict proof thereof is required at trial. By way of further answer, Defendant has not plead any facts purporting to give rise to the defense of accord and satisfaction. 41. Paragraph 41 contains a conclusion of law to which no responsive pleading is required. To the extent any responsive pleading is required, the same is denied and strict proof thereof is required at trial. By way of further answer, Defendant has not plead any facts purporting to give rise to the defense of the statute of frauds. 42. Paragraph 42 contains a conclusion of law to which no responsive pleading is required. To the extent any responsive pleading is required, the same is denied and strict proof thereof is required W at trial. By way of further answer, Defendant has not plead any facts purporting to give rise to the defense of consent. 43. Paragraph 43 contains a conclusion of law to which no responsive pleading is required. To the extent any responsive pleading is required, the same is denied and strict proof thereof is required at trial. By way of further answer, Defendant has not plead any facts claiming that Defendant was under duress at any time relevant to this action. 44. Paragraph 44 contains a conclusion of law to which no responsive pleading is required. To the extent any responsive pleading is required, the same is denied and strict proof thereof is required at trial. By way of further answer, Defendant has not plead any facts purporting to give rise to the defense of release. 45. Paragraph 45 contains a conclusion of law to which no responsive pleading is required. To the extent any responsive pleading is required, the same is denied and strict proof thereof is required at trial. By way of further answer, Defendant has not plead any facts purporting to give rise to the defense of waiver. 46. Paragraph 41 contains a conclusion of law to which no responsive pleading is required. To the extent any responsive pleading is required, the same is denied and strict proof thereof is required at trial. By way of further answer, Defendant has not plead any facts purporting to give rise to the defense of Res Judicata. 47. Paragraph 41 contains a conclusion of law to which no responsive pleading is required. To the extent any responsive pleading is required, the same is denied and strict proof thereof is required at trial. By way of further answer, Defendant has not plead any facts purporting to give rise to the defense of collateral estoppel. 48. Paragraph 48 contains a conclusion of law to which no responsive pleading is required. To the extent any responsive pleading is required, the same is denied and strict proof thereof is required at trial. By way of further answer, Defendant has not plead any facts purporting to give rise to the defense of the statute of limitations. 49. Admitted that Plaintiff desired to construct a residential building. It is denied that this was the only reason Plaintiff engaged the services of Defendant. 50. Denied. The agreement between the parties was as set forth in Plaintiff's Complaint.. 51. Denied. As set forth in Plaintiff's Complaint, Defendant owes Plaintiff Two Thousand Six Hundred Sixty Eights and 69/100 Dollars ($2,668.69). WHEREFORE, Plaintiff prays this Honorable Court to enter judgment in favor of Plaintiff and against Defendant in the amount of Two Thousand Six Hundred Sixty Eights and 69/100 Dollars ($2,668.69), together with any other relief which this Court may deem appropriate. SALZMANN HUGHES, P.C. David H. Martineau, Esquire Attorney I.D. No. 84127 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-63 3 3 Attorneys for Plaintiff Dated: January , 2009 VERIFICATION I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. "tt?? L"W -// ohn A. Cunningham, Jr. Date: CERTIFICATE OF SERVICE AND NOW, this /"- day of January 2009, I, David H. Martineau, Esquire, of Salzmann Hughes, P.C., attorneys for Plaintiff, hereby certify that I served the foregoing document his day by depositing the same in the United States mail, postage prepaid, in Carlisle, Pennsylvania, addressed to: Andrew H. Shaw, Esquire 200 South Spring Garden Street Suite 11 Carlisle, PA 17013 David H. Martineau, Esquire ? ?' ``'' t ?? t-- ?? <.` t ...? ? ?? z? - ?' ., i.- -'Se . ? _? ? '? ? - ? c ?" ::. JOHN A. CUNNINGHAM, JR., Plaintiff V. STEVEN D. SHUGHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO: 2008-6437 CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: David H. Martineau, Esquire, counsel for the plaintiffs in the above action (or actions), respectfully represents that: The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $2,668.69. The counterclaim of the defendant in the action is $0. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: David H. Martineau, Esquire & Andrew H. Shaw, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully Submitted SALZMANN HUG -`" B - David H. Martineau, Esquire Attorney I.D. No. 84127 234 Alexander Spring Road, Suite I Date: March 16, 2009 Carlisle, PA 17015 (717) 249-6333 ORDER OF COURT AND NOW, , 2009, in consideration of the foregoing petition, , Esq., Esq., and , Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, CERTIFICATE OF SERVICE I hereby certify that on the I Oh day of March 2009, I served a true and correct copy of the above Petition for Appointment of Arbitrators via fist class mail, postage pre-paid and addressed as follows: Andrew H. Shaw, Esquire 200 Spring Garden Street Suite 11 Carlisle, PA 17013 SALZMANN HUGHES, P.C. Date: March 16, 2009 By: David H. Martineau, Esquire Attorney ID# 84127 354 Alexander Spring Road Suite 1 Carlisle, PA 17013 (717) 249-6333 (---a t, „4 ? - = z I i r JOHN A. CUNNINGHAM, JR., Plaintiff V. STEVEN D. SHUGHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 2008-6437 CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: David H. Martineau, Esquire, counsel for the plaintiffs in the above action (or actions), respectfully represents that: The above-captioned action is at issue. The claim of the plaintiff in the action is $2,668.69. The counterclaim of the defendant in the action is $0. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: David H. Martineau, Esquire & Andrew H. Shaw, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully Submitted SALZMANN HUG , B -- David H. Martineau, Esquire Attorney I.D. No. 84127 234 Alexander Spring Road, Suite 1 Date: March 16, 2009 Carlisle, PA 17015 (717) 249-6333 ORDER OF COURT AND NOW, r r I dAC.? 20 , 200 , in consideration of the foregoing petition? Esq, e. G(? 6sq., and , Esq., are appointed arbitrators in the above captioned action (or actions) as ayed for. By th ourt, AkA Y J , f w C%j Y 3 4 1 i CERTIFICATE OF SERVICE I hereby certify that on the I e day of March 2009, I served a true and correct copy of the above Petition for Appointment of Arbitrators via fist class mail, postage pre-paid and addressed as follows: Andrew H. Shaw, Esquire 200 Spring Garden Street Suite 11 Carlisle, PA 17013 SALZMANN HUGHES, P.C. Date: March 16, 2009 By: David H. Martineau, Esquire Attorney ID# 84127 354 Alexander Spring Road Suite 1 Carlisle, PA 17013 (717) 249-6333 kJ PFPWyt w °' W Cil AA, /^? n n P ??U F-? girl ?,? Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania NoQr- 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 and that we will discharge the duties of our office with fideli . Signature Signature Name (Chairman) 172^--N.474-f Law Firm 1 l? Address Lkana. to e, -PY City, zip iAC rk #, IA/m(wr, JR.,/ Name I 17-Y2- V1 77L=tl x17914 J Meff!"' P4Pfsi!_ Srr41.4aT LVIOLP ' 4100 Law Fromm It &"&t v'v^ Law Firm POX /a P W&r A160 ST Address Address ?e?/rok.vt !? Y3-o[ap; ?'I?/P!-lSr? l?iiI /ZOl3 City, zip city, zip o io 9 //19 3 r Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following aw d: r( Note: If ^damages for delay are awarded, the BhaU be separately stated.) C,, .??„ .'INS \J-4+ t -An II -r.._ i . Arbitrator dissents. (Insert name if applicable.) Notice of Entry of Now, the day of 24-6-9, at 1& 32 the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ JS'6, tie, By: . qWz &Umv othonotary Deputy J L??L ? uu?L JOHN A. CUNNINGHAM, JR., Plaintiff V. STEVEN D. SHUGHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO: 2008-6437 : CIVIL ACTION - LAW PRAECIPE TO ENTER JUDGMENT PURSUANT TO Pa.R.C.P.1307(c) TO THE PROTHONOTARY: No appeal having been taken from the Award of the Arbitrators dated June 1, 2009, kindly enter the award as a judgment in the amount of $1,219.20, plus interest from November 1, 2008 and costs, against Defendant, Steven D. Shughart. SALZMANN HUGHES, P.C. ----- Bye/ avid H. Martineau, Esquire Attorney I.D. No. 84127 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on the 6`h day of August 2009, I served a true and correct copy of the above Praecipe to Enter Judgment Pursuant to Pa.R.C.P. 1308(c) via fist class mail, postage pre-paid and addressed as follows: Andrew H. Shaw, Esquire 200 'Spring Garden Street suite 'l I Carlisle, PA, 17013 SALZMANN HUGHES, P.C. Date: August 5, 2009 By: David . Martineau, Esquire Attorney ID# 84127 354 Alexander Spring Road, Suite 1 Carlisle, PA 17013 (717) 249-6333 G_ -?. THE ?.IOTARY 2009 AUG -6 FM 1: 10 i rf Vf. $ Koo Pia AT -f at,* 4110 ,ass so ";u. laaxLol JOHN A. CUNNINGHAM, JR., Plaintiff V. STEVEN D. SHUGHART, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 2008-6437 CIVIL ACTION - LAW PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: (1) Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County, Pennsylvania: (2) Against Steven D. Shughart, Defendant: (3) And against , Garnishee: (4) And index this writ (A) Against Steven D. Shughart, Defendant (B) Against , Garnishee As a lis pendens against real property of the defendant(s) in the name of the garnishee(s) as follows: 116 Pine Knob Road Newville, PA 17241 Any and all personal property of the Defendant, , Pennsylvania (5) Amount due $ 1,219.20 Interest (@7.25%) from 11/1/08 to 8/5/09 67.07 Cost to be added Total $ 1;67 SALZMANN HUGHE Date: August S , 2009 David H. Martineau, Esquire Attorney I.D. No. 84127 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Judgment Creditor-Landlord AL i (T THE P' OTARY 2OG9 AUG -6 KI I : I I cui 4aI4.00 . P D A-T74 C14. oo car 14 « .00 ?6q 50 _ Po Air/ w cue Co • 5o Llt Lt A{ 110 ert.usgso ?)Ir?+ op & 4wtad WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6437 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JOHN A. CUNNINGHAM, JR., Plaintiff (s) From STEVEN D. SHUGHART, 116 Pine Knob Road, Newville, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal property . (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 $1,219.20 L.L. $.50 Interest from 11/01/08 to 8/5/09 @ 7.25% - $67.07 Atty's Comm % Due Prothy $2.00 Atty Paid $1o4.50 Plaintiff Paid Other Costs to be added Date: 8/6/09 (Seal) By: Long, Prothonotary Deputy REQUESTING PARTY: Name DAVID H. MARTINEAU, ESQUIRE Address: SALZMANN HUGHES, P.C. 354 ALEXANDER SPRING ROAD, SUITE 1 CARLISLE, PA 17015 Attorney for: PLAINTIFF Telephone: 717-249-6333 Supreme Court ID No. 84127 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff T f 00tiir ?? Luu?Lrr f7ra Y Jody S Smith Chief Deputy CEdward L Schorpp CuP"?;:_ Solicitor John A Cunningham, Jr. Case Number vs. Steven D Shughart 2008-6437 SHERIFF'S RETURN OF SERVICE 08/20/2009 06:16 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 20, 2009 at 1745 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Steven D. Shughart, by making known unto Linda Shughart, spouse of defendant and adult in charge, at 116 Pine Knob Road, Newville, Cumberland County, Pennsylvania 17241, its contents and at the same time handing to her personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was completed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 08-20-09. 04/13/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $74.52 April 13, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF By aron R. Lantz a. rd 11L s eK- ?s?G 3 (c; Cam?ySulte Sher;.ff. Teie,:oft. Inc.