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HomeMy WebLinkAbout09-5677 DAVID DAVIES Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. Oq - 5(,o7'1 JEFFREY A. EASON, : CIVIL ACTION d/b/a WOODS & WILDLIFE FORESTRY Defendant HONORABLE NOTICE TO DEFEND Uivil lerw4 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. Pennsylvania Lawyer Referral Service 100 South Street Harrisburg, PA 17108-0186 (800) 692-7375 IN THE COURT OF COMMON PLEAS OF DAVID DAVIES CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No. n 9- 54 ? 7 C&. T?+ JEFFREY A. EASON, : CIVIL ACTION d/b/a WOODS & WILDLIFE FORESTRY :HONORABLE Defendant COMPLAINT AND NOW, comes the Plaintiff, David Davies, by and through his counsel, Samuel E. Wiser, Jr., Esquire of the law firm of SALZMANN HUGHES, P.C., and respectfully represents as follows in support of this Complaint: 1 Plaintiff is David Davies, an adult individual, with a mailing address of 167 Culler Court, McConnellsburg, Fulton County, Pennsylvania 17233 (hereinafter referred to as "Plaintiff") 2. Defendant is Jeffrey A. Eason, an adult individual, d/b/a Woods & Wildlife Forestry with a mailing address of 1023 Peters Mountain Road, Dauphin, Dauphin County Pennsylvania, (hereinafter referred to as "Defendant"). 3. Plaintiff owns real estate, located near the village of Blacklog in the Township of Lack, Juniata County, Pennsylvania, (hereinafter referred to as "Davies Tract".) A copy of the Deed for the Davies Tract is attached hereto and incorporated herein as "Exhibit A." 4. Defendant approached Plaintiff in or about June 2008 regarding; Plaintiff selling timber from the Davies Tract, with Defendant acting as Plaintiffs agent by marking trees, soliciting bidders, and receiving payment from the timber companies and disbursing payment to Plaintiff. 5. Defendant prepared numerous timbering proposals and drafted :requests for bids, one of which was prepared in or about May 2009, a copy of which is attached hereto and incorporated herein as "Exhibit B." 6. Plaintiff accepted a proposal made by Defendant to allow the harvesting of certain trees marked with an orange dot (hereinafter "the Timber, ") a listing of which vas prepared by the Defendant and a copy of which is attached hereto and incorporated herein as "Exhibit C." 7. Defendant prepared and presented to Plaintiff a value comparison of the trees marked and listed in "Exhibit C" and the value of the trees identified in the proposal attached as "Exhibit B." A copy of the value comparison is attached hereto and incorporated herein as "Exhibit D." 8. Defendant secured a buyer for the timber identified in Exhibit C, which buyer was Big Valley Hardwoods, Inc. 9. On or about March 24, 2009 Plaintiff entered into a written agreement with Big Valley Hardwoods, Inc. which agreement in the present of Defendant was previously signed by Big Valley Hardwoods, Inc. and was accepted and executed by Plaintiff at 1900 Ritner Highway, Carlisle, Pennsylvania 17013 (Plainfield Sheetz) for the sale of the Timber for $24,164.00. A copy of the written contract with Big Valley Hardwoods, Inc. is attached hereto and incorporated herein as "Exhibit E." 10. On or about March 24, 2009 Plaintiff and Defendant orally agreed that Defendant would be entitled to fifteen percent (15%) of the contract amount which amount totaled $3,624.60. The Plaintiff and Defendant also orally agreed that Defendant would hold the escrow amount and collect the balance owed by Big Valley Hardwoods, Inc. at harvest and remit the amount due and owing of $20,539.40 to Plaintiff. 11. The oral agreement is memorialized in Exhibit E, as Exhibit E requires Big Valley Hardwoods, Inc. to remit the escrow amount of $2,500.00 to Defendant and the payment for the Timber to Defendant. 12. The oral agreement is further memorialized in writing in a summary of payment prepared by Defendant, a copy of which is attached as "Exhibit F." 13. Plaintiff and Defendant also orally agreed that Defendant would be responsible for enforcing the provisions contained in Exhibit E, including the maintenance and repair of the haul roads. 14. Upon information and belief Big Valley Hardwoods, Inc., remitted full payment due under the written contract to Defendant. 15. On or about March 28, 2009 Plaintiff received check #4921, from Defendant in the amount of Five Thousand Dollars ($5,000.00), which check was not honored by Defendant's bank. 16. On or about April 9, 2009 Plaintiff received check #4927 from Defendant in the amount of Five Thousand Dollars ($5,000.00), which check was not honored by Defendant's bank. 17. On or about April 28, 2009 Plaintiff received check #4928 from Defendants in the amount of Ten Thousand, Five Hundred Thirty Nine Dollars and Forty Cents ($10,539.40), which check was not honored by Defendant's bank. 18. Checks numbered 4921, 2927 and 4928 referenced above totaling $20,539.40, were all returned to Plaintiff from Defendant's bank and stamped, "RETURN REASON - A, NOT SUFFICIENT FUNDS." A copy of the returned checks is attached hereto and incorporated herein as "Exhibit G." 19. Plaintiff incurred additional costs in the amount of $10.00 from. his bank for each check that was returned because of insufficient funds. 20. Plaintiff notified Defendant that the above referenced checks were returned due to insufficient funds. 21. On or about May 11, 2009, Plaintiff received a partial payment from Defendant, by way of a cashier's check in the amount of Eleven Thousand Dollars ($11,000.00) which leaves a balance owed to Plaintiff by Defendant of $9,539.40 as well as the $30.00 in returned check fees. 22. As aforementioned, Defendant orally agreed to enforce the provisions of Exhibit E, including the requirements that haul roads be maintained. 23. The Davies tract's private road was damaged by large ruts left in the road as a result of the heavy equipment used for timbering. 24. The large ruts left in the road have redirected stormwater that is causing portions of the road to wash out, exposing large boulders beneath the road surface. 25. The cost to repair the road to the condition it was in prior to the timbering is estimated at Three Thousand Dollars ($3,000.00). 26. Defendant did not require that the road be repaired, nor has Defendant repaired the road or paid any monies to Plaintiff as reimbursement for damages to the road. 27. The balance due and owing from Defendant is the sum of Twelve Thousand, Five Hundred Sixty Nine Dollars and Forty Cents ($12,569.40). 28. A demand letter was sent to Defendant on June 1, 2009 by United States first class mail and also by United States certified mail, return receipt requested. A copy of the demand letter sent to Defendant is attached hereto and incorporated herein as "Exhibit H." 29. The demand letter sent to Defendant by certified mail was returned to Plaintiff by the United States Postal Service as unclaimed. A copy of the unclaimed certified mail envelope addressed to the Defendant is attached hereto and incorporated herein as "Exhibit I." 30. The demand letter mailed Defendant by first class mail to 1023 Peters Mountain Road, Dauphin, PA 17018 was not returned to undersigned counsel as "Undeliverable." 31. Although demand has been made, Defendant has failed to pay the amount due and owing. 32. Defendant at no time disputed the amount due to the contrary Defendant has attempted to remit to Plaintiff the amount due for the timber, however, Defendant did so by passing bad checks. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant in the amount of Twelve Thousand, Five Hundred Sixty Nine Dollars and Forty Cents ($12,569.40) which amount is within the limits of the amount required for submission to arbitration pursuant to local court rules as well as other relief which this Honorable Court deems to be appropriate. Respectfully submitted, Date: %rqus /?o?Oll By: SALZMANN HUGHES, P.C. uel E. Wiser, 7- Es-qt Attorney ID# 2036 / 79 St. Paul Drive ?.../ Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff VERIFICATION I verify that all the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief and that any false statements made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: -/-/- U By: L ?) a"?? David Davies Aug 06 09 08:54a TAY PARCEL NUMBER 006-006-009 THIS DEED, P. 1 MADE THE 13th day of May, in the year of our Lord two thousand three (2003). _Y n? J= r_ C Y S T , z; uz Z% -? F j Z i L-l y L V ? a ?b x" tw BETWEEN: LEONA K. CISNEY. widow, of R. D. 41, Box 250. Blairs Mills. Pennsylvania 17213, GRANTOR .AND: DAVID B. DAVIES of 167 Culler Court. McConttellsbur?? GRANTEE . Pennsylvania 17233. WITNESSETH. that in consideration of the sum of Two Hundred Thousand and 001100 ('52011,000.00) Dollars in hand paid, the receipt whereof is hereby acknoNviedged. the said Grantor does hereby errant and convey- to the said Grantee, his heirs and assigns. ALL that certain piece. parcel or plot of ground situate in Lack Township. Juniata County. Pennsylvania, mere I'ully bounded and described as tollows: BEGINNING at a stone pile at corner of lands now or fonneriv of Robert Krause. corner of State Gauge lands and corner of the property herein described; thence alone line of State Game Lands. South 37 d?,?rces 15 minutes 43 seconds East 1911.42 Peet to a stone pile. thence South 41 degrees 38 minutes 23 seconds West 1378.50 feet to a stone pile; thence South 43 degrees 32 minutes 09 seconds West 221 1. 0 io a ;tome pile: thence North 40 degrees 03 minutes 33 seconds West 1950.00 feet to a stone pile: thence North 3() degrees 29 minutes 27 seconds East 2550.41 feet to a stone pile:; thence North 52 degrees 49 minutes 18 seconds East 11=1837 feet to a stone pile, the place of beginning.. ("ONTAI ING 168.29 acres according to a Plan of Survey prepared by G & S Surveys on April 30 and \lav i. 1981. MENG the same premises title to which became vested in Wayde H. Cisney and Leona K. Cisnev. husband and wife, by Deed of Homer C. Vaughan, Administrator of the Estate of Falter Vaughan. dated October 9. 1967, and recorded in the Office of the Recorder of Deeds for Juniata Counrv on October 9. 1967. in Deed Book 103. page 592. The said Wayde H. Cisney died September l6. 2002, thus vesting full and complete title in his surviving spouse, Leona K. Cisnev. TOGETHER with a fifty (50) foot right-of-way as shown in a Right-of-Way Agreement recorded on 14 2003. in Huntingdon County Record Book C-61 page 3i4 d and recorded on Ma?? 2003, Juniata County Record Book 3t6 , pale t 1 I-lie above-described parcel being further identified as Tax Parcel Number 006-006-009. PLAINTIFF'S EK SIT Aug 06 09 08:54a p.2 HAZARDOUS WASTE. The Grantor herein states that the hereinabove described property is not presently being used for the disposal of hazardous waste, nor to the best of her knowledge. information and belief has it ever been used for the disposal of hazardous waste. This statement is made in compliance with the Solid Waste Management Act No. 1930-97_ Section 405. >j P.S. 6018.405. TOGETHER with all and singular the buildings and improvements, if any, ways, streets, alleys. drivQwavs, passages. waters, water courses, rights, liberties, privileges. hereditaments and appurtenances. whatsoever, unto the hereby granted premises belonging, or in anywise appertaining. and the reversions and remainders, rents. issues and profits thereof: and all of the estate. right, title, interest, property, claim :111d demand whatsoever of this said Grantor as well at law as in equity, of, in and to the same. TO HAVE AND TO HOLD the same lot or piece of ground above described. with the buildings and improvements thereon erected. if any. hereditaments and premises hereby granted. or mentioned and intended so to be. with the appurtenances unto the said Grantee, his heirs and assigns, to be for the only !)roper use and behoof of the said Grantee, his heirs and assigns. forever. AND the said Grantor will warrant generally the property hereby conveyed. lv WITNESS WHEREOF, the said Grantor has set her hand and seal the clay and year first ,Lbo-, c \vrittern. Si-ned. Sealed and Delivered in the Presence of: 12 AL) Leona K. Cisney Rug 06 09 08:55a p.3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF HUNTINGDON SS On this ISM day of May. 2003, before me. a Notary Public in and for said County. carne the abovc-named. Leona K. Cisney, who in due form of law acknowledged the foregoing Deed to be her act and deed, and desired the same to be recorded as such. WITNESS my hand and official seal the day and year aforesaid. -??-,A k?. Notarv Public Notaft Seal Shari L. F=hey. Notary Public ' l Huntingdon Boro. Huntingdon County t y Commission ExpiresJan. 28.2007 ?ernber. PennsyNama assoc9atirxi Ofrries ; i I hereby certify that the precise residence of the Grantee is: 16 7 Culler Court. McConnellsburg. Pennsylvania 17233. For the Grantee WOODS & WILDLIFE FORESTRY Workin; Tolgether REQUEST FOR BIDS We have been authorized by Mr. Davies to advertise and solicit bids, For standing timber, located in Blacklog, Township, Juniata County, Pennsylvania. TREES DESIGNED FOR HARVEST 668 sawtimber trees marked with Blue paint, and 40 cull trees marked with a painted dot or on approximately 50 acres. TOUR No tour will he held. BIDS Sealed bids must be received by Wednesday. July 23. 2008 by 4 p.m. A Form is enclosed for your convenience. All bids mutt be clearly marked Davies Tract. The owner reserves the right to reject any or all bids, and to waive any informalities. defects, or in•e,ularities in the bids. CONTRACT BIDS A standard contract will be provided with the following conditions: 1. The length of the contract will be until Jule 23. 2009 '_. All logging must conform to PA Department of Environmental Resources regulations concerninJ erosion and sediment control. METHOD OF PAYMENT 25% down at contract signing. Remaining balance to be paid in full before harvest begins. PERFORMANCE DEPOSIT A perfonnance deposit in the amount of $2.300.00 will be made out to Wood & Wildlife Forestry before cutting begins. The deposit will be retained in part or in full. or refunded in part or in full. upon completion of the operation according to the condition of the sale. VOLUMES Sawtimber volumes are based on a I(XKi, tally of the marked trees. Volumes were computed in International Scale according` to Form Class 78. All volumes are net volumes. and are not guaranteed and no volume adjustment will be made. Bidders are advised to make their own evaluation as to the quality of the marked timber. LOGGING CONDITIONS Rocky, Mountainous terrain QUALITY Above average-to-good for all species. 1023 Pt T'ERS MOUNTAIN ROAD DAUPHIN. PA 17018 (717) 9211-0170 FAX (71-17)9_11-8493 PLAINTIFFS EKHIBff a? cn ? m > 7 rn (V° ° N r co v- N 00 (DD T ? ^ CD 'T CY) 00 O > N - v 0) o 0 01.2 m 0 o C) -R V: (O 1" ^ v o o\ l > N .- - C ) (DD (D O , C) N O . co U) E O N C 0 ` (OD N OD co ^ r ^ (h LO 00 O Cl) N N a ) > N N co O rn u (Oo rn ? '- to N ? c7) rn > O CO t() .- (D < L6 C> 0 N .- T n ^ ^ > 4k O ? c O co CD C\j H O T (D O CM 00 CD C\j Cl.) C0 v Cl) ^ O O '_. a o o o O O O ° o Cl ° o ° p a o 0 ° O o o o o 0 ° ° ° ° a? O ?- O ° C) ? (D CD C? O ° O O O N cu co C? CD C) ,t CU O C) O ° O O Co N Cu C) C) C) a ° o CIS 0 ° ° O O pCj O ca O C) (' O ° o O C) O ° ° O O O Cl) N p O O ° N O CD tV O O O O O O (7 1- N p O O O O O O O p O Co O a N a O O r N p O C\j c(t O O O O O - (D a V N O O ,- - T t7t O ' O Co O O N m cm N 27 N O (1 O > ¢ f ( ° N O .- O - n O tV . O M O (o O D p ( 0 O N O) '0 O (D .- in N to 'o N p M C\1 N O (+) C N N LO Co . CD ? ( O ? O (D ^- ? N • O C) O O O ° O m C) ° O O O O Y ¢ O .? Y O Y a) <D iu w Q p J cr Q m i a a O Y w I-- Q L c >- i = w v Y O a ww ac ¢ m 3 v O r o cn w g v co O a; co ¢ ¢ v ap m ? °? = O Q !anmCdr 1 ?r =. ei vvoods E ]qr Impro`:21 n?•ad I ?H3L1 RCao I? "-?- Skid a•? I we 14 ,rkin- Io?"hc; TIMBER SALE MAP a P.r. QC Im Js OWZlliry J!"ef LJ J WCr-r;?$1Qerti31 P in;l v -. F_rce -? t 400ve vr,cntl ?Jt 3,-2.3r, -"??- Beip•,v vrJyr•C Utl::(v TRACT NAME tyxv oe TOWNSHIP, L1310-ck 1n-3 DATE jf0 COUNTY. STATE: Ale- f. • 4 ,,,., - f ' I 16 - , ?,, ? ? ? , ?+?-.+r?,• ,' •.'?'? fit= : -/ ? ? -/ ?'..a==: t r? a _ ,!' a« ?. •Y+!"' ' ;.` +"y"` ? ??S` ??? ?f ?? ,,per ? ?Y?i-?,r.++NK+ , lo? ow F, _ ?? F• /A r t - Now. f, ! j Ct / p 36.. __ _ ? ? ? ? ,1 .jam ? t '•?` - * ? , a i?, .-rr ,1 t • ?- Y :a S I?irl'?_tir>,n?;: I? rani the into •rction of - - - f'Or app ?l ,_? . ?la?;:lua affc?. r»c3. l (?I1?>;e --- ro•?imat I 1 7/11r rni1e>; try at1r1, :?:; i`??r•t; nurnbrr• ? a• ., placl•:Ic?,ti all Nfee ting place i.behind house. Turn r ighr up 1,?n? tlri . _stias, SE 1LED BID FOR %J `,fill t?t;J ?? • l!Jlli? Ft;r,,.rr• 111-'' P?l?i-• ?at?ulilaui Rtt;;J DUUP11111. PA I A o -, f. ,t ? , ?l i ? r ih?• lt, l?1 ,un1 t,i `? ----- ------ --- - -- -- i•,I. tfl? ltt?u-!.?J Ilr,ln •- ?? ?!t11.111!x. 111111;111 til.llli',. Rmoll':.lt illl;l ?1 ! t 1l, t1 Ilt 1,i;f?k.1t._ ?I_Il?lllll? ti( [jllltlt:f I :rx Nunlhcr. 131J. 111u,1 he rc(clt.c(I h? 4L ?(lnc,(lcl?. lull _';- _loo''S ha 41? Itl Q Cf) I- O W C7 Z Ix O (b w_ 0 a? N N CD M O T- co O ti O to O ti co O O co to N > j N N to N N N N N O N Q ° OD a ° ° \ o 2 o co 6 CD q C) CY) O ; 0 to tf O ?t i st N cu U N 04 Go to co m O qT 00 to O O co d M oo M N P- 0) M 0) M m Nt 0p C 0 1-- to i O 00 v N N O Co (O Q a o M fl f.: f? co co CA O M M O C) N v IT (D _ M m F- N A O Co O O O O O Co O O C> AR t3 O O O O O O O O O Co co O O O O O O O O O O co La cn O O O O O O O O O O .a O Co O O O Co O O O O M p O O O O O O O N M O O O O O O Co O O co N °p O O r O O Cl O r O N Ag N O O O N O O O O O N M O O O O O v M N? _ M V- O O co ?- Cl O ? M r O N 'p OO t? N N s7 O N co of a U') r to r M co m wAg O O O (D N (D O r r vg O r O U) M O (D O O N 9 r O O Co O O O Co O O O Y 0 a w J W Y a 2 n g ` Y o J a w = O Z w ?/? D v O ?? l w C ) / C ) U a Q 1% co cn = F -- 3 CJ ? ? m F- CO CD w y n H OD M bi 41 H ik G F-• 04 NI aria N I-- N fl. aC m O Q s v co r Mo m d W m NTIFF'S Lis EiPEXJHIBIT WOODS & WILDDFE Forestry Consultants DAVIES ORGINAL (BLUE STRIPES) NEW (ORANGE) RED OAK 48,700 X.30 = $14,610.00 9273 X.30 = $2,782.00 BLACK OAK 540 X.30 = $162.00 _0- WHITE O .25 = $220.50 _ CHEST NU 8 X.25 = $4847. 0 7 5= $1907. POPLAR 8 $84 8 = .18 = $825. r,g BASSWO 3 X.,10 = $389. .. ASH 285 0.80 s x$790. RED MA kY 7=$3 q BLACK BI 2 4 ?UGAR MAPLE 478 X .$ _ $ q 0 = $208. $1 HICKOR TO PLAINTIFF'S EX HISIT 1023 Peters Mountain Road • Dauphin, PA 17018 • (717) 921-0170 • Fax (717) 921-8493 Woods & Wildlife Forestry Timber Sales Agreement This Agreement entered this day of by and between Hereinafter called the "Seller, and With the principal place of business Hereinafter called the `Buyer. 1. Description of Sale Area: The woodland is located in S? Pennsylvania, located ,3 fE L 200 V Vol 1C, ? County, If. Trees Designated for cutting: All trees marked with an ti /4-)fe paint spot about 4 Vz feet above the ground, and is also marked with a stump spot at a point below stump height. Ill. Conditions of Sale: A. The buyer Agrees to: 1. To pay the seller the sum of S 4 6%lars for the above mentioned "a on approximately acres. Paym, t to be mad as follows: j A:- B dollars o.f?0"YE' Sf B: dollars C: dollars "All checks should be made payable to Woods & W11diife Forestry D: An jescrow account shalt be retained in the amount of 9y(7p o) And made payable to: 'W and shag be submitted before any harvesting begins. 2. The contract expires on ?;'O ?r >-do A. The expiration date on the contract may be extended at the d scrwow.of the salter. In the event that an extension is granted, the buyer will be assessed additional consideration of 5300.00 for each month or part thereof an extension is granted. 1-1 S. Compliance with the provisions of the contract by PLAINTI EXHIBIT S subcontractors will be the re ?IBfT responsibility of the buyer. --`-- 11. To conduct and maintain haul roads at his expense, and any or all other temporary haul roads, will be the responsibility of the buyer, and must be approved by the seller. 12. To pay and hold the seller harmless from all debts or sues or, demands or claims against the buyer or against any of the buyers employees, subcontractors, and suppliers, for services or labor performed; or materials furnished in said work, and all debts, demands or claims growing out of the removal of said timber. 13. To pay and hold the seller harmless from all claims for damage, claims done by the buyer, his subcontractors or his employees, to persons or property during the progress of work; and to hold the seller harmless from all liens, attachments, suits, causes or action, costs, expenses, and attorney's fees arising from and (or in any connection with any or all the debts, dues, claims, demands, or damaged property) caused or incurred in any manner in the removal of said timber. 14. Conditions of Escrow. All funds will be returned upon satisfaction f the above conditions in this contrail. B. The seller Agrees: 1. To guarantee the purchaser and assignees title to the forest products covered by this contract, and to defend it against all claims. Z To grant freedom of the entry and right-of-way to the buyer, his employees, contractors, and assignees on and across the areas to be covered by this contract, and also privileges usually extended to buyers or stumpage which are not spec ificaly covered providing they do not conflict with specific provisions of this contrail. t? Signed Y C I Seller v eu - WOODS WILDLITE Forestry Consultants ce- ? 16' l oo ex?? 7 ?8 PLAINTIFF'S IT 1023 Peters Mountain Road - Dauphin, PA 17018 - (717) 921-0170 - Fax (717) 921-8493 031000040* M 05-/07/2009 0 6419341479 ru 1% N This is a LEGAL COPY of ru= your check. You can use i t the same way you wou I d N? use the original check s o ' . GO RETURN REASON-A M NOT SUFFICIENT A a FUNDS oo a g o s co o- a oo; m ca , I 11'0049 28lie ir *0310D0040* o 05/07/2009 ru L4193414b0 a^ ru This is ?a LEGAL COPY of ru your check. You can use I t ttte same way you woui d = 0 use the original check M . 0 RETURN REASON-A M . NOT SUFFICIENT MCD FUND'S =C31 = o Cr- o 00 M M eq I a 11'0049 2?lie WOODS 6 WILDLIFE 4QRRST(gY 4928 JEFFREYA A?DS[lfi SAM 170 I 316E i os DAW"KPA 4u 103 LOT gdns c oawM = r MUG fl - f ? r 160016CI MP 41M.10MOM 85001?4411 4e:0 3 1308130 74 8 S00 749.1611' 81'000 LO S 3940,1' WOODS* a 02920 49 f v Mnva ?ke(? -- r0[}t,92?r ?;17?!<3tlB$07?: 85007?.? 41:0 3 1301380 71: 8 500 7 4111 611 .1'0000 50000011' *031001704CI* t" 0 0$_/06/i?009 b21g70552.2 IN trf Th i S Is' a EGAi_ COPY o f YGUr "60 YAU nan use t# e sa i t `.6 WOODS 3 WI "tu HEST 0? y ?• {r? atsNM At1K 4 t3 2 ? mtya youwvuld use thecr1 inaI check. ?rr? 001M#12 w\ RETURN REASON-A NOT SU y? VIES FICTtNT. -HINDS P9 rq ,,? S S0(0, 00 o eh- ? ? CO 10 am Q M. y ... _ M n ?'01A11?1M IMIL300131371: a5©L77ti W PLAINTIFF'S EXHIBIT 8100 4 9 2 L1N 41:0 3 130880 74 8 500 ? 4 n. 611• 1° v v o O W C3 C3 W 0C3 0 0r o or u O .r C3.= 00 00 pp??pp??. - 0• C7 ?.0 0 0 { -D-L, A .C tJf03 -0 ? 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O 000+ 4 pOp.OC C3 V CMLO 0* Car r3.C rrrU rC70 WrtnrOpO-C C70 C3 Z) ?0L-0-0-J NOkaO-D.jpa 0 A to _a * O * -d -j IE tv if -2 M #E CC L tJ k+ - O 0 r 00V 00 OD ' O L- OWI m -00 _0GjQLvIn.?'O' -0Ln A.V CLnWlnO\ ?lnrLnq\G'.C ? u 00N0 k-r rU i7 OL-'k-IXW ' 7t'E30?3 aer r r.D -! -ja--" t rm-%W0 335 . _ 40 i^??H I L? ?. ?? FNS-GC >031309440< \ \-0ru nu rv o' 0 t \rfUrr, N nr o a MW 2oo9-04-29 °` ° °. C3 d 0ILVS 1.00907424 ° o FNB-CSC >031309440< ' A A - A' - A d don* er wrft below 66 gnM.1' Yy a` ,. ?.. sus 9 43 j! •? k •1!E iF iF ? M all, :.,a Gl O C7, - C7 O c W <L u, W W 4 k•+ k- o. ??,K ?,?,?•'. i'7w fir,. a tar c a -trl 95i wr by tnt3'\ in In .1' 0-' Q'AO"e5 4.1-VV, Est ,'?d1 SALZMANN jiUGHES,RC. Atfortteys of Law 79 St. Paul Drive Chambersburg, PA 17201 (7 17) 263-2121 • Fax: (717) 263-06(,' 354 %lexander Spring Road Suite 1 - Carlisle, PA • 17015 • t717) 249-6333 Fax: (717) 249-733a 239 E. Main St. - Wzwiiesboro, PA - 17263 • (717) 762-3170 - Fax: (717) 762-098P 107 N. Front St. - Suite401 - Harrisburg, PA - 1; 101 . (717) 332-9420 • Fax: (717) 232-1970 `Please reply to Chambersburg O_(fiice June 1, 2009 Jeffrey A. Eason D/b/a Woods & Wildlife Forestry 1023 Peters Mountain Road Dauphin, PA 17018 VIA CERTIFIED MAIL RETURN RECEIPT and REGULAR MAIL RE: David Davies / Timber Agreement Dear Mr. Eason: Please be advised that this firm represents David Davies regarding an agreement between you and Mr. Davies for the harvesting of timber from Mr. Davies' property in Juniata County and Huntington County between you and Mr. Davies in March 2009. You agreed to pay my client the sum of $20,539.40 in full at harvest per said agreement. The timber was harvested in March 2009 and Mr. Davies acknowledges receipt of your payment in the amount of $11,000.00 made by cashiers' check. However, there is still a remaining balance of $9,539.40 due and owing to David Davies. Furthermore, you also agreed to repair any damage occurring to the road as a result of the harvest. :Damages to the road are approximately $3,000.00. You have not repaired the road nor has my client received any monies from you to repair the damages. This delinquency is a serious matter and my client incurred additional. costs in the amount of $30.00 in bank charges when you submitted the following three checks to my client that were not honored by your bank due to insufficient funds; • Check #4921 in the amount of $5,000.00; • Check #4927 in the amount of $5,000.00; and • Check #4928 in the amount of $10,939.40 Due to the repeated passing of bad checks and your failure to satisfy the amount owed to my client, my client may seek to have criminal bad check charges filed. The total balance due and owing to my client, including the delinquent timber balance, road repairs and bank charges, is the sum of Twelve ATTORNEYS ul tmol min G. Bryan Salzmann, Esq. Stephen E. Patterson, Esq. Melissa K. Dively, Eisq, Kurt E. Williams, Esq. James D. Hughes, Esq. Adam R. Schellhase Es LeRoy S. Maxwell Jr., Esq. N H M Rebecca R. Hughes, Esq. Samuel E. Wiser, Jr., Esq. , q. Charles E. Zaleski, Esq. ancy . eyers, Esq. Ann F. DePaulis, Esq. Susann B. Morrison, Esq. Donald E. LeFever, Esq. Laura Rebecca Ables, Esq." Thomas J. Finucane, Esq. Eileen C. Finucane Es Patricia R. Brown, Esq. Willi W Th David H. Martineau, Esq. 'Also Admitted to G .s PLAINTIFFS , q. am . ompson, Esq. Scott B. Granger, Esq. EXHIBIT Jeffrey Eason June 1, 2009 Page 2 Thousand, Five Hundred Sixty Nine Dollars and Forty Cents ($12,569.40). This amount should be remitted to David Davies immediately to avoid further action. Please notify me in writing within thirty (30) days if the debt or any portion thereof is disputed and verification of the debt will be sent to you. Unless you dispute the debt, or any portion thereof, within thirty (30) days after the receipt of this notice, this debt will be assumed to be valid by David Davies. If Mr. Davies is force to start litigation to recover the money owed, my client intends to impose or assess attorney's fees incurred. PLEASE BE ADVISED THAT ANY INFORMATION PROVIDED TO US WILL BE USED FOR THE COLLECTION OF THIS DEBT. Very truly yours, Salzmann HUghes, P.C. By. ?- / S uel E. Wiser, J/r.?/ re V SEWjr/ecm cc: David Davies 3 Y ? £` Fy Fy 4 m X? r Li ro -0 [r -21 fU -j L7 .. ? p L7 -- m r-? p p V N ? Z Cl z p J Z a LC rn ? ? m S C/D W co S U 4 w? S ^O^` O Cl L /C u i 006 O (D CO) W y-'O L2 cu r ff?? A??"?y?e 4 Z dZa r# O Q { / m ? - y phi ? - _ g a Q a i - ?I rl z It U, 00 Q ow k 4 _ F OHO U 3-9ti- -- 10 J zluw D F C ( I W z f/ ? y Ir I O y U 2 QI 4 CN C! ti H Q d i PLAINT FF'S EKHIIBff G `FILED-CRIZ OF THE PRO H OvOTARY 2004 AUG 17 PM 2: 19 ,``,slit 1? i. , PEI-NtNS ,V,A;\i $18.50 Po ATt-l W-* I'I KQa, eT* aaga?lo Sheriffs Office of Cumberland County R Thomas Kline F`L?.i}4), i Sheri (? Ronny R Anderson C20 00 hief Deputy 4 va G? 1 0, 3 Jody S Smith ( { Civil Process Sergeant OFFICE T.?ESHERIFF Edward L Schorpp Solicitor David Davies vs. Jeffery A. Eason SHERIFF'S RETURN OF SERVICE Case Number 2009-5677 08/18/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Jeffery A. Eason, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint and Notice according to law. 08/24/2009 05:19 PM - Dauphin County Return: And now August 24, 2009 at 1719 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Jeffrey A. Eason d/b/a Woods & Wildlife Forestry by making known unto himself personally, at 1829 Lindsey Lane Dauphin, PA 17018 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 SO ANSWERS, August 26, 2009 J R THOMAS KLINE, SHERIFF DAVID DAVIES Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 2009-5677 JEFFREY A. EASON, : CIVIL ACTION d/b/a WOODS & WILDLIFE FORESTRY Defendant HONORABLE TO: Jeffrey A. Eason D/b/a Woods & Wildlife Forestry 1829 Lindsey Lane Dauphin, PA 17018 DATE OF NOTICE: 44044e (o. A01 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 S. Bedford Street Carlisle, Pennsylvania (717) 249-3166 Respectfully submitted, Date: x7d4bee (p i a0,69 SALZMANN HUGHES, P.C. By: el E. iser , Jr. Es y ID# 20366, 5 5 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on the -e day of October 2009, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Jeffrey A. Eason D/b/a Woods & Wildlife Forestry 1829 Lindsey Lane Dauphin, PA 17018 Salzmann Humhes. P.C. By: Wiser, Jr., FILED -C, i' "' L = pram- Y (;;= 2004 GC i -7 PH [E. Q3 L ;f / -% DAVID DAVIES VS. JEFFREY A. EASON, d/b/a WOODS & WILDLIFE FORESTRY Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA No. 2009-5677 CIVIL ACTION :HONORABLE PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter judgment by default against the above named Defendant Jeffrey A. Eason d/b/a Woods & Wildlife Forestry in the amount of Twelve Thousand, Five Hundred Thirty Nine Dollars and Forty Cents ($12,539.40) plus interests and costs. Respectfully submitted, SALZMANN M GHES, P.C. Date: L") -F By: gel E. Wiser, Jr., Esy ID# 203665 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on the o? e day of October 2009, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Jeffrey A. Eason D/b/a Woods & Wildlife Forestry 1829 Lindsey Lane Dauphin, PA 17018 B FlLED-err lC- OF THIP F"^THIONOTAP.Y 2009 OCT 30 PM 3: 29 CUM,- 4 14.oo Po ArTIf CtG-* (41013 ETA' a3a8oa oakee_ tidcuw