HomeMy WebLinkAbout01-1094?
BRIAN K. PEIFFER, SR.,
Plaintiff,
CINDY M. REYNA,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
NO. 2001 - 1094 CIVIL TERM
:
CIVIL ACTION - LAW
..
NOTICE TO DEFEND
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, order 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 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
Americans with Disabilities
Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the court.
You must attend the scheduled conference or hearing.
BRIAN K. PEIFFER, SR.,
Plaintiff,
CINDY M. REYNA,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
..
NO. 2001 - 1094 CIVIL TERM
:
CIVIL ACTION - LAW
..
COMPLAINT
AND NOW, this ~ day of April, 2000, comes the Plaintiff, BRIAN K. PEIFFER,
SR., by and through his attorneys, Irwin, McKnight & Hughes, and makes the following
Complaint against the Defendant, CINDY M. REYNA, averring as follows:
COUNT I - TO RECOVER PROPERTY
WRONGFULLY TAKEN AND DETAINED
Plaintiff, Brian K. Peiffer, Sr., is an adult individual currently residing at 345
Bonnybrook Road, Carlisle, Pennsylvania, 17013.
Defendant, Cindy M. Reyna, is an adult individual with a mailing address of P.O. Box
117, Lebanon, Pennsylvania, 17046, and upon information and belief currently residing at 827
Church Street, Lebanon, Pennsylvania, 17046.
Until on or about October 25, 2000, Plaintiff and Defendant had been residing together at
Plaintiff's residence located at 345 Bonnybrook Road, Carlisle, Pennsylvania, 17013.
On or about October 25, 2000, following a disagreement between the parties, Defendant
left Plaintiff's residence.
At the time Defendant left Plaintiff's residence, Defendant removed Plaintiff's white,
female Maltese dog named Chloe.
On or about March 13, 2000, Plaintiff had purchased the white, female Maltese dog
named Chloe with his own funds for $385.00, from breeders named Paul M. Leahy and Lorie A.
Leahy. A true and correct copy of Plaintiff's receipt for the purchase of said animal is attached
hereto and incorporated herein by reference as Exhibit "A."
Subsequently, Plaintiff had filed an application to register the white, female Maltese dog
with the American Kennel Club. A tree and correct copy of the American Kennel Club's Dog
Registration Application regarding the animal as signed by Plaintiff and the breeders is attached
hereto and incorporated herein by reference as Exhibit "B."
The American Kennel Club then issued a Registration Certificate to the Plaintiff for the
white, female Maltese dog, naming Plaintiff as the sole owner. A true and correct copy of the
American Kennel Club's Registration Certificate regarding the animal is attached hereto and
incorporated herein by reference as Exhibit "C."
Based upon the attached receipt and documentation, Plaintiff owns and is entitled to the
immediate possession of his white, female Maltese dog named Chloe.
10.
The purchase price paid by Plaintiff and therefore approximate value of said animal is
$385.00, as indicated on the receipt attached hereto as Exhibit "A" and dated March 13, 2000.
11.
On or about October 25, 2000, Defendant wrongfully and without Plaintiff's consent took
said dog fi.om Plaintiff's possession.
12.
Defendant has wrongfully detained said dog since October 25, 2000, and upon
information and belief still wrongfully detains said dog at 827 Church Street, Lebanon,
Pennsylvania, 17046.
13.
On or about December 27, 2000, Plaintiff's attorney, Douglas G. Miller, Esquire,
demanded in writing that Defendant return said dog to Plaintiff, but Defendant refused and still
refuses to comply with said written demand. A true and correct copy of which letter dated
December 27, 2000 is attached hereto and incorporated herein by reference as Exhibit "D."
14.
Defendant's wrongful detention of said dog has prevented Plaintiff the enjoyment and
affection that comes from the possession of one's dog, all to his damage and detriment.
15.
Upon further information and belief, Defendant has failed to ensure that the female
Maltese dog receives the medical and veterinary care required for her continued health and well-
being.
16.
Therefore, upon information and belief, the value of the property and Plaintiff's interest
therein will be adversely affected by the continued possession and unlawful detention by
Defendant.
17.
Defendant has already unlawfully removed Plaintiff's dog from its residence in
Cumberland County, Pennsylvania to Lebanon County, Pennsylvania, where Defendant is
temporarily residing with her friends.
18.
Furthermore, Defendant has stated to Plaintiff that she will not return the dog to his
possession, but that instead she plans to turn the animal over to her daughter or other relatives or
friends.
19.
Based upon the above, Pla'mtiff believes and therefore avers that Defendant will continue
to conceal and encumber the property, or further remove the animal from its present location.
WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter
judgment against the Defendant in this action for recovery of the said white, female Maltese dog,
damages for the detention of said dog from Pla'mtiff, together with the costs of this action,
including reasonable attorneys fees, and such other and further relief as this Court shall deem
fair, just, and proper.
COUNT II
20.
The averments of paragraphs one (1) through nineteen (19) of this Complaint are made a
part hereof and incorporated herein by reference.
21.
Upon leaving the Plaintiff's residence on or about October 25, 2000, Defendant left
numerous items of personal property at said location.
22.
Defendant's stated reason for leaving the items of personal property was that she could
thereby avoid having to move them several times until she found an appropriate residence.
23.
On numerous occasions, Plaintiff has requested that Defendant remove her belongings
from his residence, with the conditions that she be accompanied by a constable and that Plaintiff
be present in order to ensure that the transfer is peaceable and further unlawful detentions of
Plaintiff's property are prevented.
24.
To date, Defendant has refused and continues to refuse to so remove her numerous items
of personal property from Plaintiff's residence.
25.
Instead, Defendant has attempted on several occasions to enter onto Plaintiff's property
and access his residence without his permission.
26.
Furthermore, Defendant has refused and continues to refuse to return her keys to the
residence to Plaintiff.
27.
As a direct result of Defendant's actions, Plaintiff has had to incur costs to change the
locks at his residence in order to preserve his property from further unlawful detention.
28.
Defendant has also used her employment with AT&T Wireless Services to harass
Plaintiff by disconnecting his cellular phone and wrongfully and fraudulently reporting the same
as lost or stolen.
29.
As a direct result of Defendant's actions, Plaintiff has had to incur costs to purchase a
new cellular phone and transfer his existing accounts.
30.
Defendant has also refused and continues to refuse to sign the necessary documents to
remove her name from Plaintiff's bank account, into which she has not contributed any funds at
least since her leaving Plaintiff's residence on October 25, 2000.
31.
As a direct result of Defendant's actions, Plalntiffhas had to incur costs to open separate
bank accounts and order new checks.
32.
As a direct result of Defendant's actions, Plaintiff has also had to incur substantial legal
fees in an attempt to prevent Defendant from continued harassment and damage to his property,
including but not limited to the drafting of correspondence to Defendant as well as telephone
calls to her.
33.
As a direct result of Defendant's actions against Plaintiff, at the District Justice level
Defendant has been charged with and found to have committed harassment against Plaintiff.
34.
Despite Plaintiff's requests, Defendant refuses and continues to refuse to reimburse
Plaintiff for his damages as outlined above.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment
against the Defendant in this action and award damages for costs and expenses incurred by
Plaintiff in an amount less than Twenty-Five Thousand and no/100 ($25,000.00) Dollars,
together with costs and interest as permitted by law and such other and further relief as this Court
shall deem fair, just, and proper.
Date: April [0 ,2001
Respectfully Submitted,
IRWIN, McKNIGHT & HUGHES
Douglas~G. Miller, Esquire
Supreme Court I.D. No. 83776
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Plaintiff}
Brian K. Peiffer, Sr.
VERIFICATION
The foregoing document is based upon information which has been gathered by my
counsel and myself in the preparation of this action. 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. Section
4904, relating to unsworn falsification to authorities.
N K. PEIF~
Date: April i0 ,2001
EXHIBIT "A "
EXHIBIT "B"
AKC DOG REGISTRATION APPLICATION
** This form is NOT a certificate of registration. **
APPLICATION ISSUE DATE:FEBRUARY 16 2000
DO NOT WRITE IN SPACE ABOVE
BREED
DATE OF BIRTH
MALTESE
JANUARY 9 2000
LITTER NUMBER TN980574/02
SIRE
DAM
BREEDER
JACOB FLUFFY LEAHY
TN484880/04 (2-98)
RACHAEL WHITE LILLY
TN460001/01 (7-98)
MR PAUL M LEAHY & LORIE A LEAHY
LITTER OWNER MR PAUL M LEAHY & LORIE A LEAHY
PO BOX 246 STEWARTSTOWN, PA 17363-0246
LITTER OWNER COMPLETES BLUE SECTIONS-NEW OWNER COMPLETES RED SECTIONS DIRECTIONS:
STEP 1. CHECK YOUR REGISTRATION OPTION: STEP 1. Check a regis~ratiol!
i option. See credit card payment
OPTION 1 [] $35.00 OPTION 2 ~1~ $27.00 OPTION 3 [] $10.00 information below.
'Cog Cam and Training Video 'Three Generalion A3(C Certified Pedigree 'AKC Registration only
(traces back three generations
'AKC Re~[listration PLEASE NOTE: ALL ITEMS ARE MAILED SEPARATELY
Please pay by check, money order or credit card (see below). DO NOT SEND CASH
For applications received more than one year after issue date, add $30.00.
For applications received more than two years after issue date, add $60.00 and include explanation for late registration.
[] VISA [] Amex [] MasterCard
Late fees will be added to credit card charges. Supplemental transfers $10.00 each.
STEP 2. NAME OF DOG: STEP 2. pRINT one letter per
THE PERSON WHO OWNS THE DOG AT THE TIME THIS APPLICATION IS SUBMITTED HAS'THE RIGHT TO NAME
STEP 3. I HEREBY GIVE MY PERMISSION TO USE MY REGISTERED KENNEL NAME:
SIGNATURE OF KENNEL NAME OWNER REGISTERED KENNEL NAME CUSTOMER #
STEP 4. CHECK SEX OF DOG YOU ARE REGISTERING:
[~ MALE ~ FEMALE
STEP 5. CHECK COLOR AND MARKINGS:
COLOR: MARKINGS:
~199 WHITE [] 019 BLA~KPOINTS
space. Skip a space between words.
Choose a unique name, Do not use
numbers. Names are subiect to AKC
approval. Once a dog is registered,
its name cannot be changed.
STEP 3. If an AKC registered
kenne~ name is being used as a part
of this dog's name, the owner of the
registered kennel name
sign here,
STEP 4. Check sex of this dog,
STEP 5, Check the color and/or
marking pattern that most closely
describes the dog.
~ PLEASE COMPLETE REVERSE SIDE FOR BALANCE OF APPLICATION
/102F02 ........... e 19ge The Ama,can Ke~el Club Inc.
STEP 6. CHECK REGISTRATION TYPE:
~"~ULL [~ LIMITED
If no box is checked, dog will be given full registration.
STEP 7. CHECK OWNERSHIP AND FILL IN TRANSFER DATE:
I-~l I{we) still ~wn this dog and apply for registr~ltion and t~ live ~
STEP 8, PRINT NAME(S} OF NEW OWNER/CO-OWNER: I (we) apply to The American Kennet Club to have a
rs~-listration certificate Ior this dog issued in my (our) name(s), and certify that I (we) acquired this dog on the date stated
directly from the owner(si of the litter, I (we) agree to abide by all American Kennel Club rules and regulations. J (we) under-
stand that if tl~e Ib~ited box in S~ep G I~as been check~ by the I}Rer owner{s), I (we) w)lt r~eive a limited registration ce~if~cate.
......................................... ............ ..................... ...................................................
.................... .......... ....... ......... :_: ......... ...........................................................
.................................... . -s .......................................................................................................
NEW CO-OWNER NAME
STEP 6. Full: May ~e u¢~d ds
registrable breeding stock. Entr~ in
dog events unrestricted. LIMITED:
Not to be used tor breeding stock.
Entry in dog events is restricted.
STEP 7. Check one box. Enter
the date that ~ew owners took
possession of the dog. If the dog
is to be registered in the name of
the litter owner(s), skip steps 8 & g.
STEP 8. Litter owner must print
names as they will appear on
Registration certificate and as
recorded by litter owner. Print one
name per line unless there are
more than two co-owners.
2. ADDRESS
4. E-MAIL ADDRESS ..--,.---- ~ PHONE I_/J~¢--I t I I-I I I I't
STEP 9. NEW OWNER,,~EAD AND SIG~: )// (~ STEP 9, Each New Owner and
NEW OWNER // [ ~ ~ .// ~ Co-owuer must sign separately.
NEW CO-OWNERISI
~9_~¢~. .........................................................................................................................................................
IF THE NEW OWNERS LISTED ABOVE HAVE TRANSFERRED THIS DOG TO SOME OTHER PERSON(S), A SUPPLEMENTAL TRANSFER
~TATEMENT (Formg ~TRND) AND $10.00 FEE MUST ACCOMPANY THIS APPLICATION FOR~ INTERMEDIATE TRANSFER. THESE
FORMS ARE AVAI~EE ~ ~HE AMERICAN KENNEL CLUB AT THE ADDRESS SHOWN BELOW.
~ / ~///~/~/ ~ on this appf~cation is correct{ and that I am in good whose names appear to the le~
81~A~RE OF ~ PAUL M L~Y DATE ~URE OF LORIE A L~Y
TN980574/02
Con,ections may cause a dolay of registration [or oxp~aflations. The AKC reserves the dght to revolve for cause any regJstra#on cefffficate issued. A
misrepresentation on this apl~icat[on is cause for cancaila~fon and may result in loss of all AKC pltv~eges for those indA4duals who violate the integrity of this
app~cat~n. All submitted app~aSons become the p~opetty of the AKC.
Please send completed form with appropriate fees fo: American Kennel Club
PO Box 37902
Raleigh, NC 27627-7902
PLEASE NOTE: Applications take approximately three weeks to process. Please wait before calling AKC to check OR
the status of your application until after that time period has elapsed.
EXHIBIT "C"
.................................. . ...... ~ AMERICA~ I~EI~Et CLUB P" .......... " ...... ' ......................
CHLOE CHLOREESE.OF BONNYSROOK
~ALTESE
.
JACOS'FL'UFleY:'LE~HY:'L-. . .::,.
mETN~8'~880/O~(2~98)'- DNA ~ V125888
RACHAEL.HHZTE L[LL~. * .~ .......
HR PAUL H LEAHY & LORIE:A LEAHY
BRIAN K PEIFFER SR - FEB 12 2001
PO ~OX 575 ,"- CEE~CA~I~UED
TN98057~,/OZ
FEHALE
JAN 9 2000
DATE OF BIRTH
EXHIBIT "D"
LAW OFFICES
IRWIN McKNIGHT & HUGHES
RO~ER B. IRWIN
MARCUS A. McKNIGHT. Ill
JAMF-~ D. HUGHF~
REBECCA ,~ HUGHES
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
CARLISLE, PENNSYLVANIA 17013-3222
(717} 249-2353
FAX (717) 249-6354
E-MAIL:/MHLA W~$UPERNET. COM
HAROLD& IRWIN (1925-1977)
HAROLD&IRWIN. JR. (1954-1986)
IRWI.\~IRWIN&IRWIN (1950.1986)
IRWIN. IRWLV & MeKNIGHT 0986-1994)
IRWL\5 McK~TGttT&HUGH£S (1994-)
December 27, 2000
MS. CINDY M. REYNA
P.O. BOX 457
BOILING SPRINGS, PA 17007
RE: BRIAN K. PEIFFER, SR.
Dear Ms. Reyna:
This letter shall serve as a formal, written follow up to our telephone conversation of
December 1, 2000.
As you are already aware, our firm represents Mr. Peiffer with regard to various legal
matters, including the recovery of the Maltese dog which is owned and AKC Registered by Mr,
Peiffer.
It is my understanding that since our telephone conversation, you have continued to enter
and thereby trespass upon my client's property, and have continued to use your position of
employment to contact and otherwise harass my client. Please be advised that you do not have
any ownership interest in my client's property and have accordingly already been notified that
entry onto his property is therefore trespass and will be treated as such. You have further refused
to return Mr. Peiffer's registered dog to him, despite all evidence indicating his exclusive
ownership of said animal.
As I stated in our telephone conversation, this matter can either be mutually resolved,
thereby allowing the parties to amicably part ways, or this matter can proceed with additional
litigation and other official action. That choice is yours to make.
In the event you continue to refuse to take responsibility for your actions, I will have no
choice but to advise my client to continue to pursue all available legal remedies to recover his
property and to immediately pursue all legal remedies required to prevent your continued
harassment, including the possibility of filing criminal charges. In addition, it is my
understanding that Mr. Peiffer has discovered past credit history and other information with
regard to your prior associations that greatly concern him.
I trust that you will realize your obligations in this matter, and promptly rectify the above
in accordance with the terms and conditions previously outlined to you by Mr. Peiffer. In the
MS. CINDY M. REYNA
RE: BRIAN I~ PEIFFER, SR.
December 27, 2000
Page 2 of 2
event my trust has been misplaced, however, I will advise my client to proceed as outlined
above.
In the event you have any questions with regard to this matter, please contact the
undersigned, or have your legal counsel do the same.
DGM:kam
cc: Brian K. Peiffer, Sr.
Very truly yours,
IRWIN, McKNIGHT & HUGHES
Dougl~G. Miller ~
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a tree and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
James A. Miller, Esquire
2010 Market Street
CampHill, PA 17011
(Attorney for Defendant)
Date: April /0 ,2001
IRWIN, McKNIGHT & HUGHES
Douglas ~t. Miller, Esqtllre
Supreme Court I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Plaintiff
BRIAN K. PEIFFER, SR.,
Plaintiff,
CINDY M. REYNA,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 - 1094 CIVIL TERM
CIVIL ACTION - LAW
ORDER OF COURT
HEARING FOR SEIZURE OF PROPERTY
AND NOW, this ~ ~_ day of ~ , 2001, upon consideration of the
Complaint and Motion for Issuance of a Writ of Seizure filed in this matter, Plaintifl~s alternative
Motion for hearing upon the issuance of a Writ of Seizure for the property described in the
Complaint is hereby granted. Plaintiff is directed to serve notice of hearing in the manner and
form required by the Pennsylvania Rules of Civil Procedure, a copy of which has been attached
to Plaintiff's Motion.
There will be a hearing on the seizure of the property in Courtroom No. /t ,
Cumberland County Courthouse, Carlisle, Pennsylvania, on ~0.<~'i ,/~ , 2001 at
BRIAN K. PEIFFER, SR.,
Plaintiff,
CINDY M. REYNA,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
NO. 2001 - 1094 CIVIL TERM
:
CIVIL ACTION ~ LAW
_.
To~
NOTICE OF HEARING FOR
SEIZURE OF PROPERTY
CINDY M. REYNA
c/o James A. Miller, Esquire
Plaintiff has commenced an action of replevin and has filed a Motion for seizure of the
property described in the Complaint. A copy of the Complaint and the Motion is attached to this
notice.
AND NOW, this __ day of ,2001, upon consideration of Plaintiff's
Complaint and Motion, it is hereby directed that the parties and their respective counsel appear at
Courtroom No. __~ Cumberland County Courthouse, Carlisle, Pennsylvania, on
,2001 at __. M., for a hearing on the seizure of the property.
You may appear in person or by a lawyer at the time and place set forth or file written
objections setting forth your reasons why the property should not be seized.
Your failure to appear at the hearing may result in the delivery of the property to the
Plaintiffbefore a final decision in this case.
IRWIN, MeKNIGHT & HUGHES
By:
Douglas G. Miller, Esquire
Supreme Court I.D. No. 83776
60 West Pomfi'et Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Plaintiff
BRIAN K. PEIFFER, SR.,
V.
CINDY M. REYNA,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 - 1094 CIVIL TERM
CIVIL ACTION - LAW
PLAINTIFF'S MOTION FOR
ISSUANCE OF WRIT OF SEIZURE IN REPLEVIN ACTION
PURSUANT TO Pa. R.C.P. No. 1075.2 or IN THE ALTERNATIVE
PURSUANT TO Pa. R.C.P. No. 1075.1
AND NOW, comes the Plaintiff, Brian K. Peiffer, Sr., by and through his attorneys,
Irwin, McKnight and Hughes, and moves this Court for Issuance of an Ex Po. rte Writ of Seizure
in Replevin Action pursuant to Pa. R.C.P. No. 1075.2 or in the alternative for Issuance of a Writ
of Seizure upon notice and hearing pursuant to Pa. R.C.P. No. 1075.1 and in support thereof
avers the following:
1. On or about April 10, 2001, Plaintiff initiated the instant action by the filing of a
Complaint seeking recovery of Plaintiff's white, female Maltese dog, as well as reimbursement
for Costs and expenses incurred by Plaintiff as a result of Defendant's wrongful actions.
2. Plaintiff moves the Court for an exparte order because there is probable cause to
believe that before notice can be given or a hearing held the health and well-being of the dog and
the Plaintiff's interest in the property will be adversely affected by the continued possession and
use of the property by the Defendant.
3. The property will be adversely affected because, as stated in the Complaint, upon
information and belief the Defendant has failed to ensure that the female Maltese dog receives
the medical and veterinary care required for her continued health and well-being. There is cause
to believe that the dog will not be taken to the veterinary appointment and that the dog has not
been receiving its required medications.
4. As stated in the Complaint, there is also probable cause to believe that before
notice can be given or a hearing held the Defendant, or another person given possession of the
animal by Defendant, will conceal or encumber the property, or remove the property to another
location.
5. As stated in Plaintiff's Complaint, the dog has already been taken from its home
in Cumberland County and moved to Lebanon County and there is probable cause to believe that
the dog may be moved again to another location where it could not be found.
WHEREFORE, Plaintiff Brian Peiffer respectfully requests this Honorable Court to
issue an Ex Parte Writ of Seizure in his favor pursuant to Pa. R.C.P. No. 1075.2, or in the
alternative to issue a Writ of Seizure upon notice and hearing pursuant to Pa. R.C.P. No. 1075.1.
Date: April 12, 2001
By:
IRWIN, McKNIGHT & HUGHES
t~ouglas ~. Millet, Esquire
Supreme Court I.D. No. 83776
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Plaintiff
BRIAN K. PEIFFER, SR.,
Plaintiff,
V.
CINDY M. REYNA,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
·· CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001- 1094 CIVIL TERM
CIVIL ACTION - LAW
NOTICE TO DEFEND ~-~
You have been sued in court. If you wish to defend against the claims set fort~m the
following pages, you must take action within twenty (20) days after this complaint, o/'d~ andlf~
notice are served, by entering a written appearance personally or by attorney and filing jn wrif.~ng
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 enter6d ag~st
you by the court without further 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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
Americans with Disabilities
Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrmagements must be made at least 72 hours prior to any hearing or business before the court.
You must attend the scheduled conference or hearing.
BRIAN K. PEIFFER, SR.,
Plaintiff,
CINDY M. REYNA,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001- 1094 CIVIL TERM
CIVIL ACTION - LAW
COMPLAINT
AND NOW, this ._~_~day of April, 2000, comes the Plaintiff, BRIAN K. PEIFFER,
SR., by and ttu:ough his attorneys, Irwin, McKnight & Hughes, and makes the following
Complaint against the Defendant, CINDY M. REYNA, averring as follows:
COUNT I - TO RECOVER PROPERTY
WRONGFULLY TAKEN AND DETAINED
Plaintiff, Brian K. Peiffer, Sr., is an adult individual
Bonnybrook Road, Carlisle, Pennsylvania, 17013.
currently residing at 345
Defendant, Cindy M. Reyna? is an adult individual with a mailing address of P.O. Box
117, Lebanon, Pennsylvania, 17046, and upon information and belief currently residing at 827
Church Street, Lebanon, Pennsylvania, 17046.
Until on or about October 25, 2000, Plaintiff and Defendant had been residing together at
Plaintiff's residence located at 345 Bonnybrook Road, Carlisle, Pennsylvania, 17013.
On or about October 25, 2000, following a disagreement between the pa~ies, Defendant
left Plaintiff's residence.
At the time Defendant left Plaintiff's residence, Defendant removed Plaintiff's white,
female Maltese dog named Chloe.
On or about March 13, 2000, Plaintiff had purchased the white, female Maltese dog
named Chloe with his own funds for $385.00, from breeders named Paul M. Leahy and Lorie A.
Leahy. A true and correct copy of Plaintiff's receipt for the purchase of said animal is attached
hereto and incorporated herein by reference as Exhibit "A."
Subsequently, Plaintiffhad filed an application to register the white, female Maltese dog
with the American Kennel Club. A tree and correct copy of the American Kennel Club's Dog
Registration Application regarding the animal as signed by Plaintiff and the breeders is attached
hereto and incorporated herein by reference as Exhibit "B."
o
The American Kennel Club then issued a Registration Certificate to the Plaintiff for the
white, female Maltese dog, naming Plaintiff as the sole owner. A true and correct copy of the
American Kennel Club's Registration Certificate regarding the animal is attached hereto and
incorporated herein by reference as Exhibit "C."
Based upon the attached receipt and documentation, Plaintiff owns and is entitled to the
immediate possession of his white, female Maltese dog named Chloe.
19.
Based upon the above, Plaintiff believes and therefore avers that Defendant will continue
to conceal and encumber the property, or further remove the animal from its present location.
WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter
judgment against the Defendant in this action for recovery of the said white, female Maltese dog,
damages for the detention of said dog from Plaintiff, together with the costs of this action,
including reasonable attorneys fees, and such other and further relief as this Court shall deem
fair, just, and proper.
COUNT II
20.
The averments of paragraphs one (1) through nineteen (19) of this Complaint are made a
part hereof and incorporated herein by reference.
21.
Upon leaving the Plaintiff's residence on or about October 25, 2000, Defendant left
numerous items of personal property at said location.
22.
Defendant's stated reason for leaving the items of personal property was that she could
thereby avoid having to move them several times until she found an appropriate residence.
23.
On numerous occasions, Plaintiff has requested that Defendant remove her belongings
from his residence, with the conditions that she be accompanied by a constable and that Plaintiff
be present in order to ensure that the transfer is peaceable and further unlawful detentions of
Plaintiff's property are prevented.
24.
To date, Defendant has refused and continues to refuse to so remove her numerous items
of personal property from Plaintiff's residence.
25.
Instead, Defendant has attempted on several occasions to enter onto Plaintiff's property
and access his residence without his permission.
26.
Furthermore, Defendant has refused and continues to refuse to return her keys to the
residence to Plaintiff.
27.
As a direct result of Defendant's actions, Plaintiff has had to incur costs to change the
locks at his residence in order to preserve his property from further unlawful detention.
28.
Defendant has also used her employment with AT&T Wireless Services to harass
Plaintiff by disconnecting his cellular phone and wrongfully and fraudulently reporting the same
as lost or stolen.
29.
As a direct result of Defendant's actions, Plaintiff has had to incur costs to purchase a
new cellular phone and transfer his existing accounts.
30.
Defendant has also refused and continues to refuse to sign the necessary documents to
remove her name from Plaintiff's bank account, into which she has not contributed any funds at
least since her leaving Plaintiff's residence on October 25, 2000.
31.
As a direct result of Defendant's actions, Plaintiffhas had to incur costs to open separate
bank accounts and order new checks.
32.
As a direct result of Defendant's actions, Plaintiff has also had to incur substantial legal
fees in an attempt to prevent Defendant from continued harassment and damage to his property,
VERIFICATION
The foregoing document is based upon information which has been gathered by my
counsel and myself in the preparation of this action. 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. Section
4904, relating to unswom falsification to authorities.
BRIAN K. PEIFI;
Date: April i0 ,2001
EXHIBIT "A"
DO NOT WRITE ~N ~PACE*ABOVE
BREED.
DATE OF BIRTH
AKC DOG REGISTRATION'APPLICATION
*' This form is NOT a certificate of registration. **
APPLICATION ISSUE DATE:FEBRUARY 16 2000
MALTESE
JANUARY 9 2000
LITTER NUMBER TN980574/02
SIRE
DAM
BREEDER
JACOB FLUFFY LEAHY
TN484880/04 (2-98)
RACHAEL WHITE LILLY
TN480001/01 (7-98)
MR PAUL M LEAHY & LORIE A LEAHY
LITTER OWNER MR PAUL M LEAHY & LORIE A LEAHY
PO BOX 246 STEWARTSTOWN, PA 17383-0246
LITTER OWNER COMPLETES BLUE SECTIONS-NEW OWNER COMPLETES RED SECTIONS
STEP 1. CHECK YOUR REGISTRATION OPTION:
OPTION 1 ~ $35.00 OPTION 2 '~ $27.00
'C3og Care and Tminifig Video 'Three Generation ~XC Certified Pedigree
'Three Genemflofl AKC Certified pedigree (traces beck three generations
(tra~es back three generalions of your d~g's ancestry)
of your d~g's ancestry) *AKC Registration
I O
PTION3 [:3 $10.00
'AKC Registration only
DIRECTIONS:
STEP 1. Check a registration
option, See credit card payment
information beJow.
'AKC ~enst=tio, PLEASE NOTE: ALL ITEMS ARE MAILED SEPARATELY
Please pay by check, money order or credit card (see below). DO NOT SEND CASH
For applications received more than one year after issue date, add $30.00.
For applications received mom than two years after issue date, add $60.~0 and include explanation for late registration.
[] VISA [] Amex ~ MasterCard
NUMBER EXP DATE SIGNATURE
Late fees will be added to credit card charges. Supplemental transfers $10.00 each.
STEP 2. NAME OF DOG: STEP 2. P_BL~ one Fetter per
space. Skip a space between words.
Choose a unique name. Do not use
numbers, Names are subiect to AKC
approval. Once a dog is registered,
its name cannot be changed,
STEP 3. If an AKC registered
kennel name is being used as a pad
of this dog's name, the owner of the
registered kennel name
sign here.
STEP 4. Check sex of this dog~
STEP 5. Check the color and/or
marking pattern that most closely
describes the dog,
THE PERSON WHO OWNS THE DOG AT THE TIME THiS APPLICATION IS SUBMITTED HAS THE RIGHT TO NAME IT.
STEP 3. I HEREBY GIVE MY PERMISSION TO USE MY REGISTERED KENNEL NAME:
SIGNATURE OF KENNEL NAME OWNER REGISTERED KENNEL NAME CUSTOMER #
STEP 4. CHECK SEX OF DOG YOU ARE REGISTERING:
STEP 5. CHECK COLOR AND MARKINGS:
OLOR:
199 WHITE
MARKINGS:
[::] 019 SLACK POINTS
PLEASE COMPLETE REVERSE SIDE FOR BALANCE OF APPLICATION
STEP 6. CHECK REGISTRATION TYPE: ....
~"J=ULL [] LIMITED
If no box ia checked, dog will be given full registration,
STEP 7, CHECK OWNERSHIP AND FIlL IN TRANSFER DATE:
STEP 8, PRINT NAME(S) OF NEW OWNER/CO-OWNER: I (we) apply to The American Kennel Club to Ilave a
registration cedificate for this dog issued in my (our) name(s}, and certib.., that I (we) acquired this dog on the date stated
directly from the owaer(s) of tile litter. I (we) agree to abide by all American Kennel Club rules and regulations, ) (we) under*
st~,d that if the limited ha× in Slap 6 has been checked by the fitter owner(s), ~ (we) will receive a limited registration cerUtiqate.
.:_ ............................. s .......................................................................................................
STEP 6. Full: May be used as
re§istrab/.e b,reeding stock. Ent~/in
dog events unrestncted, UMITED:
Not to be used for breeding stock.
Entry itl dog events is restricted,
STEP 7. Check one box. Enter
tile date that new owners took
possession of the dog. ff the dog
is to be registered in the name ol
the litter owner(s/, skip steps 8 & 9.
STEP 8. Litter owner must pdnt
names as they will appear on
Registration certificate and as
recorded by litter owner. Print one
name per tine unless there are
more than two co-owners.
NEW OWNER // / ~ .J..,,.~..// J/ Co-owner must sign separately,
IF THE N~ OWNERS LISTED ABOVE HAVE TRANSFERRED THI~ DOG TO SOME OTHER PERSON~S), A SUPPLEMENTAL TRANSFER
STATeMeNT (Form~ ~TRND} AND $t0,~ FEE MUST AGGOMPANY THIS APPUCAT~ON FOR E~ INTERMEDIATE TRANSFER, TH~SE
Fo~s ~R~ AVAI~C~ ~ A~CAU ~NU~ CLU~ AT T~ AOORESS SHOW~ ~eLOW.
STEP 10, ~L indMduals
whose names appear to the
~ sign in the space indicated.
STEP 10. LIT'~R""'~O~SrNr~''~''/~l~J~..~O.-'~ SIGN: ", ce~i~ by my signature that all the information appearing
/ /////~/// on this application is correct, and that I am in good
/ . //////~//// ~ standing with The ~eric~]Kennel Club."
S~AT~RE OF MR PAUL M L~Y~ ~ DATE ~G~URE OF LOR~E A ~Y DATE
TN980574/02
Con'ecObfls may cause a delay of mg~streiion for expisna#ons. The AKC reserves the Hghtfo revolve for cause any reglstra#on certificate issued. A
tr~srepreseltta~ien on this app~ica#on is cause for canceila#on and may result is loss of ail AK C pdv~eges for those inc~fduals who violate the integ/fty of this
ap~ica~bfl. All suOmiffed apl~aObns become the properl]l of the AKC,
=lease send completed form with appropriate fees to: American Kennel Club
PO Box 37902
Raleigh, NC 27627-7902
PLEASE NOTE: Applications take approximately three weeka to process. Please wait before calling AKC to check on
the atatus of your application until after that time period has elapsed.
ADREG2 (12199)
CHLOE CHLOREESE.OF BONNYaROOK .... TN980574/02 ....
~ALTESE ..... FEMALE ~ ~
RACHAEL, NHZTE LILL~ ' .............. ~X~
HR PAUL H LEAHY & LORZE:A L~HY ~s~~
BRZAN K PEZFFER 5R ' '"'.','. ' FEB 'Z2 200Z ~ESiREORD~
NOT ~,VRITE IN THIS SPACE .
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by facsimile and by first class
United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
James A. Miller, Esquire
2010 Market Street
Camp Hill, PA 17011
(Attorney for Defendant)
(via facsimile and U.S. mail)
Date: April 12, 2001
IRWIN, McKNIGHT & HUGHES
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Plaintiff
COMMONWEALTH Of PENNSYLVANIA
COURT Of COAtMON PLEAS
NOTICE OF APPEAL
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
NOTICE OF APPEAL o~'~ -0 I
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 o~ the
date and in the case mentioned belo~
BRIAN K. PEIFFER, SR.
345 BONNYBROOK ROAD CARLISLE
FEBRUARY 1, 2001 BRIAN K. PEIFFER, SR.
C¥ 19 0000272-00
LTl9
This block will be signed ONLY when this notation is required under Pa. R.C.PJ.P. No.
1~86~
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this cas~
Signature of Prothona.'ary or Deputy
SUSAN K. DAY
PA 17013
CINDY M. REYNA
MILLER, ESQUIRE
If appel/ant was CLAIMANT (see Pa. R.C.P.J.P. No.
I O01 (6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
PRAEClPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appel/ant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of apical to be served upon appellee).
PRAECIPE: To Erothanotory
Enter rule upon
(Common Pleas Nc~
, appellee(s), to file a complaint in this appeal
within twenty (20) days after service of rule or suffer entry of judgment of no~ ~
RULE: To
, app~lee(s).
(1) You are notified that a rule is hereby entef~ecl 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 mgistemcl mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
Date: , 19 . .
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
AFFiDAViT: ~reb¥ swear or affirm that t served
~¢,:opy f t e Noticeof Appeal Gomr~}on Pleas No ~[o~ he DS ct.,~s~( des~qr~ed t
~9 ....... ~l~ b~ pe{sona~ service ~ by (certified) (registered) maii, senders ¢eceip~ ;{ttached hereto
he and further that ~ served the Ru~e to Fi~e a Co np~aint accompany ng the above Notice of Appea! upor, ~he appe¢~ee(s} to who,
SWORN A~F RME)) AND S[JBSC ~Ii~E,D BEFORE ME
THIS EA¢ O: ...... 9
COMMONWEALTH OF PENNSYLVANIA
COUNTY Of:
Mag, Dist. No:
09-3-03
DJ Name: Hon,
SUSAN K. DAY
^do,e,,: 229 MILL STREET, BOX 167
MT. HOLLY SPRINGS, PA
(717) 486-7672 17065
BRIAN K. PEIFFER, SR.
345 BONNYBROOKRD,
CA~LISLE, PA 17013
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
pLAINTIFF: NAME end ADDRESS
~-PEIFFER, SR., BRIAN K.
345 BONNYBROOK RD.
CARLISLE, PA 17013
VS.
DEFENDANT: NAME and ADDRESS
~REYNA, CINDY M. '~
P.O. BOX 117
LEBANON, PA 17046
L 3
DocketNo.: CV-0000272-00 ~
Date Filed: 11/9.1/00
THIS IS TO NOTIFY YOU THAT:
Judgment:
r-~ Judgment was entered for: (Name)
~'~ Judgment was entered against: (Name)
FOR DEFRNDANT
P~TF~R, ~R., RRTAN K.
in the amount of $ . OR on:
~] Defendants are jointly and severally liable.
Damages wilt be assessed on:
This case dismissed without prejudice.
{-~ Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
Levy is stayed for days or E~ generally stayed.
~--~ Objection to levy has been filed and hearing will be held:
(Date of Judgment)
~,/Ol/nl
(Date & Time)
Amount of Judgment $ .00
Judgment Costs $ .00
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ · 00
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
Date: Place:
Time:
$
$
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
.,~" '-~ ~ Date /_.....~-'/ ~ ~_.~~~'~"'"'~ ~ ~"/ , District Justice
I certify that this is a true '~'nO~orrect copy of the rec~; of th{proc'eedings containing the judgment.
Date , District Justice
My commission expires first Monday of January, 2004 SEAL
Brian K. Peiffer, Sr.
Plaintiff
Cindy M. Reyna,
Defendant
In the Court of Common Pleas
Cumberland County, Pennsylvania
No: 2001-1094
Civil Action - Law
ANSWER TO COMPLAINT AND
CLAIM FOR EQUITABI,E RELIEF PURSUANT TO PA.ILC.P. 1079.1
NOW COMES, Defendant, Cindy M. Reyna, by and through her attorney, James
A. Miller, Esquire, and answers Plaintiff's Complaint and requests equitable relief, as
follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted in part and denied in part. Defendant denies any inference that her
departure from PlaintiWs home was civil.
Admitted in part and denied in part~ Defendant denies any inference that her
removing her jointly owned dog from the residence was inconsistent with her equitable
ownership rights in the dog. By way of further answer, Defendant, at the suggestion of
the two state police present at the time Defendant departed Plaintiff's residence, took her
dog with her and left the other .jointly owned dog with Plaintiff
6. Admitted in part and denied in part. To the extent that this allegation is deemed to
be factual, it is denied in that, Defendant avers that as a writing the contents of the receipt
speak for themselves and therefure any characterization and/or inference of those contents
is denied.
7. Admitted in part and denied in part. To the extent that this allegation is deemed to
be factual, it is denied in that, Defendant avers that as a writing the contents of the
registration application speak for themselves and therefore any characterization and/or
inference of those contents is denied.
8. Admitted in part and denied in part. To the extent that this allegation is deemed to
be factual, it is denied in that, Defendant avers that as a writing the contents of the
registration certificate speak for themselves and therefore any characterization and/or
inference of those contents is denied.
9. Denied. Plaintiff hereby incorporates preceding answers number 5 through 8 as if
fully set forth herein.
10. Admitted in part and denied in part. To the extent that this allegation is deemed to
be factual, it is denied in that~ Defendant avers that as a writing the contents of the receipt
speak for themselves and therefore any characterization and/or inference of those contents
is denied.
11. Denied. Defendant took her dog, that for which she has an equitable interest,
when she left the residence.
12. Denied. Defendant hereby incorporates preceding answers 5 through 11 as if fully
set forth herein. By way of further answer, PlaintiWs averment is a conclusion of law to
wlfich no responsive pleading is required.
13. Admitted in part and denied in part. To the extent that this allegation is deemed to
be factual, it is denied in that, Defendant avers that as a writing the contents of the
Plaintiff's attorney's self serving letter speak for themselves and therefore any
characterization and/or inference of those contents is denied. By way of further answer,
PlaintiWs attorney and the undersigned have engaged in various telephone conversations
and letters being exchanged regarding the subject matter of Plaintiff's complaint~
14. Denied. Defendant hereby incorporates preceding answers 5 through 13 as if fully
set forth herein. By way of further answer, after reasonable investigation, Defendant is
without sufficient information or knowledge to form a belief as to the truth therein and
demands specific proof thereof at trial.
15. Denied. After reasonable investigation, Defendant is without sufficient information
or knowledge to form a belief as to the truth therein and demands specific proof thereof at
trial. By way of further answer, the dog is well cared-for.
16. Denied. Defendant hereby incorporates preceding answers 5 through 15 as if fully
set forth herein. By way of further answer, after reasonable investigation, Defendant is
without sufficient information or knowledge to form a belief as to the truth therein and
demands specific proof thereof at trial.
17. Denied. Defendant hereby incorporates preceding answers 5 through 16 as if fully
set forth herein.
18. Denied. After reasonable investigation, Defendant is without sufficient information
or knowledge to form a belief as to the truth therein and demands specific proof thereof at
trial.
l 9. No responsive pleading is required.
20. Paragraphs I through 19 are hereby incorporated as if fully set forth herein.
21. Admitted.
22. Denied. After reasonable investigation, Defendant is without sufficient information
or knowledge to form a belief as to the truth therein and demands specific proof thereof at
trial.
By way of further answer, Defendant has repeatedly requested that Plaintiff allow
her to remove her property from his home but Plaintiff has refused to allow Plaintiff to
remove such. Attached hereto as Exhibit A is a copy of Plaintiff's December 16, 2000
email to Defendant wherein Plaintiff acknowledges that Defendant has repeatedly asked
Plaintiff"when can [she - Defendant] get [her] stuff..
Additionally, at the time of Plaintiff's February 1, 2001, civil action hearing
against Defendant filed on November 21, 2000, to docket number CV-272-00, before
Honorable Susan K. Day, 229 Mill Street, Mt. Holly Springs, PA, 17065, Mag. Dist. No.:
09-3-03, Defendant provided Plaintiff with a comprehensive property list and requested
that Plaintiff allow her to retrieve such whereupon Plaintiffdenied such request. Attached
hereto as Defendant's Exhibit B is a true and correct copy of Defendant's itemized
personal property list.
23. Denied. Defendant hereby incorporates preceding answer number 22 as if fully set
forth herein.
24. Denied. Defendant hereby incorporates preceding answer number 23 as if fully set
forth herein.
25. Denied. At~er reasonable investigation, Defendant is without sufficient information
or knowledge to form a belief as to the truth therein and demands specific proof thereof at
trial.
26. Denied. After reasonable investigation, Defendant is without sufficient information
or knowledge to form a belief as to the truth therein and demands specific proof thereof at
trial.
27. Denied. After reasonable investigation, Defendant is without sufficient information
or knowledge to form a belief as to the truth therein and demands specific proof thereof at
trial.
28. Denied. After reasonable investigation, Defendant is without sufficient information
or knowledge to form a belief as to the truth therein and demands specific proof thereof at
trial.
29. Denied. A.qer reasonable investigation, Defendant is without sufficient information
or knowledge to form a belief as to the truth therein and demands specific proof thereof at
trial.
30. Denied. After reasonable investigation, Defendant is without sufficient information
or knowledge to form a belief as to the truth therein and demands specific proof thereof at
trial.
31. De~ied. After reasonable investigation, Defendant is without sufficient information
or knowledge to form a belief as to the truth therein and demands specific proof thereof at
trial.
32. Denied. Atter reasonable investigation, Defendant is without sufficient information
or knowledge to form a belief as to the truth therein and demands specific proof thereof at
trial.
33.
34.
Admitted.
Denied. Defendant hereby incorporates preceding answers 4 through 33.
WltEREFORE, Defendant respectfully requests that your Honorable Court:
a. deny Plaintiff's requests as set forth in Count I of Plaintiff's
Complaint; and,
b. deny Plaintiff's requests as set forth in Count II of Plaintiff's
Complaint.
DEFENDANT'S REQUEST FOR EQUITABLE RELIEF
PURSUANT TO PA.R.C.P. 1079.1
35. Paragraphs 1 through 36 are hereby incorporated as if fully set forth herein.
36. Defendant has requested that Plaintiff agree to turn over unto Defendant all of
Defendant's personal property located at Plaintiff's home and as identified herein in
Defendant's attached Exhibit B.
37. Attached hereto as Defendant's Exhibit C is a copy of PlaintiWs counsel's March
19, 2001, letter to the undersigned along with Plaintiff's itemized response to Defendant's
Exhibit B, personal property.
38. Plainti~T has unlawfully detained and inter£ered with Defendant's lawful use and
enjoyment of her personal property.
WHEREFORE, Defendant respectfully requests that your Honorable Court fix a
mutually convenient date and time for Defendant to retrieve her personal property, a
minimum of which has been agreed upon as evidenced in attached Exhibits B and C from
Plaintiff's home.
Respectfully submitted,
James A. h?Iiller, Esquire
2010 Manet Street
Cam~I~ill, PA 17011
/~g) 737-6400
Brian K. Peiffer, Sr.
Plaintiff
Cindy M. Reyna,
Defendant
In the Court of Common Pleas
Cumberland County, Pennsylvania
No: 2001-1094
Civil Action - Law
DEFENDANT'S EXHIBIT A
Plaintiff's December 16, 2000 EMAIL to
Defendant
I MSN Hom~Web harchl~ ~ Peoole & Chal:l
Hotn tail' cm_reyna~_.hotmaii, com
Folder: Bri
From: "Mr. Greer0eans" <gmjeane~epix,net> Save Address - Block Sender
To: <cm_reynal~ho~neil.com> Save Address
Subjec :: Letter of Apology
Date: Sat, 16 Dec 2000 2Z00:48
II
Hi Clnd' ~, ! hope you and the girls are doirtg fine. I just wanted to write you a lelter and wish you all a Merry
Christm as. Please read the attached lefler. Thank you.
~ Arq achment: Lettero~olob~y.doc (36k) -- View Attachment
Notice: Attacltments are automatically scanned for viruses
J Mov~ To I ~ to s~ad Fo~,0 ],J
AT&T WIRELESS SERVICES .
04/17/01.-T~rE~]~3.~T.[~AX~ .... u~ ja~c nna'~' I lost. T/{A7 iS what HURTS the ~odt} Y~u'
arc constantly on the qo, keeping'yourself busy, to the point you dedicate NO
tire to actually sitting down and trying to find any good reason why you would
EVEN think of coming hame. As long as that is the case ..... I loose. You have
be~n gone for almost 8 'weeks now, and with every passing day, the hurt and
pain get worse for me. You have given me the impression that you and your
girls will NEVER have al]other thing to do with me once you get your things
from this house. I have not heard you ask me one time in a serious tone of
voice (from the heart) how I was or how BJ is. I ask you how you and the
girls are EVERY TIME we speak. When we do talk, there are only two things you
~sk_a~q~t. O~ is when can you ~et vour stuff, and the other one thin~
a~ oBout is whether I drop¢e~ the cavil suiLe against you. Even after
calling your work and stopping that investigation, and not calling the cops
after you called me, means nothing. It's apparent to me, that as long as I
~k) EVERYTHING ok for you and the girls, and that t~here are no hard times
ahead for you, yo~ are happy. You never once asked if I was eating, or
any:hing else. That tells me you that you don't care about me at all. I
thi}k the ONLY reason you even talk to me on the phone is to humor me, and
"le~d" me on so you can get what you want, and once you do, you will be gone
for good. I su~ect that onc~ you have everything the way you want it, you
wil. have you phone n~er changed so I can't contact you a~ all. That is
har.~ on me after once hearing you tell me that you would give your life for
me. I do not understand how a person could be THAT in love with s~eone at
one time, then act towards that same person the way you are acting towards me
now I will never know that answer. I know I am NOT perfect, and I NEVER
said I was, We B~H haw~ our faults. I ~ willing to a~it mine. When I
tall: to you on the phone, you appear to be doing just fine. : It is as if you
don't want or need me in your llfe at all. I hope this letter did not make
you mad or upset you. I tired as hard as possible NOT to do that. This
letler is written with love and from my heart. I hope you and the girls have
a VI RY ME~Y CHRIST,S, and I hope yea ~et everything you "wished~ for. I ~
NOT expect a reply to this letter, I just hope you read it in the consent and
con~e~t that it was written. Merry christmas Cindy, ~hley,) and Alexys.U~P.S.
No 1 eply necessar~QU
Bria n~
Brian K. Peiffer, Sr.
Plaintiff
Cindy M. Reyna,
Defendant
In the Court of Common Pleas
Cumberland County, Pennsylvania
No: 2001-1094
Civil Action - Law
DEFENDANT'S EXHIBIT B
Defendant's personal property list
Brian K. Peiffer, Sr.
Plaintiff
Cindy M. Reyna,
Defendant
In the Court of Common Pleas
Cumberland County, Pennsylvania
No: 2001-1094
Civil Action - Law
DEFENDANT'S EXHIBIT C
Plaintiff's counsel's March 19, 2001 letter
LAW OFFICES
IRWIN McKNIGHT & HUGHES
ROGER B. IRWIN
MARCUS A. McKNIGHZ I11
JAMES D. HUGHES
REB£CCA R. HUGHES
MARK D. SCHWARTZ
DOUGlaS G. MILLER
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
CARLISLE, PENNSYLVANIA 17015-3222
(7 ! 7) 249-2353
F,4X (717) 249.$$54
E-M.~IL: IMHLA W@$UPERNEZ COM
March 19, 2001
JAMES A. MILLER, ESQUIRE
2010 MARKET STREET
CAMP HILL, PA 17011
RE: PEIFFER v. REYNA
No. 2001 - 1094, Civil Action
Dear Attorney Miller:
Enclosed please find one (1) itemized statement in response to the list of personal
property provided by your client. Please note that I have divided the list into three categories.
Some of the items are your client's property and were left in Mr. Peiffer's home by her. We
have attempted to indicate the items named on her list that do not match exactly with the items
that my client located at his home. Other items 'were either purchased by or given to my client
and are therefore his property. Of the remaining miscellaneous items, either Mr. Peiffer does not
know the nature of the items, he is not aware of their presence in his home, or another
explanation is given. I should note that there are a number of boxes containing your client's
personal property, and some of the items in that latter list may be located in those boxes and
therefore outside of the knowledge of Mr. Peiffer.
Again, I reiterate that we must shortly come to an agreement or I will have no other
option but to proceed with litigation as outlined in my previous correspondence. Mr. Peiffer is
concerned about the special health needs of his dog, and questions your client's ability or
willingness to properly care for the same. I anticipate receiving a response from your client in
the near future as to the ability of the parties to reach an agreement. In the event that I do not
receive any response, I will assume that an agreement cannot be reached and will proceed with
pursuing my client's rights to legal relief.
DGM:kam
cc: Brian K. Peiffer, Sr.
Very truly yours,
IRWIN, McKNIGHT & HUGHES
Itemized Property List
A. Cindy Reyna's property left in Mr. Peiffer's possession
· Christmas Decorations (portion of, but not all, are hers)
· Halloween Decorations
· 3 Bikes (only 3 bikes in his possession instead of the 4 listed)
· Video Tapes (portion of, but not all, are hers)
· Encyclopedias
· Books (portion of, but not all, are hers)
· 1 Plant Stand
· 2 Large Boxes of Papers (only 2 instead of thc 4 listed)
· 4 Laundry Baskets (Ms. Reyna already removed from home)
· TV, Quasar Console
· 2 Dressers
· 2 Piece China Cabinet
· Games/Puzzles (portion of, but not all, are hers)
· I Rocking Chair
· I Antique Chair with straight back
· Shrunk
· I Black Grandfather Clock
· I Flower Patterned Sofa Sleeper
· Round Chair
· Dining Table & 4 Chairs
· Book Shelf
· Cordless Phone
· Roll Top Desk
· Cedar Chest
· 2 Black Lamps (2 of the 4 listed are Mr. Peiffer's)
· 1 Fan (3 of the 4 listed are Mr. Peiffer's)
· Baskets (portion of, but not all, are hers)
· Kitchen and Bathroom Curtains (Family and Dininl: Room Curtains are Mr. Peiffer's)
· Quilts
· Blankets (portion of, but not all, are hers)
· Sheets (portion of, but not all, are hers)
· Towels (portion of, but not all, are hers)
· Shoes (portion of, but not all, are hers)
· Clothes (portion of, but not all, are hers)
· Candles (portion of, but not all, are hers)
· Pictures (portion of, but not all, are hers)
· Photo Albums (portion of, but not all, are hers)
· Cassette Tapes (portion of, but not all, are hers)
· Crystal Glasses (portion of, but not all, are hers)
· 2 Decanters
· Bowls (portion of, but not all, are hers)
· Swans
· Porcelain Penguin
· Figurines (portion of, but not all, are hers)
· Vases (portion of, but not all, are hers)
· · Breadmaker
· Electric Wok
· Dishes (portion of, but not all, are hers)
· 2 Silver Trays
· Glasses (portion of, but not all, are hers)
· Silverware (portion of, but not all, are hers)
· Baking Pans (portion of, but not a/l, are hem)
· Pots (portion of, but not all, are hem)
· Recipes
· Can Tins (portion of, but not all, are hers)
· Spices (portion of, but not all, am hem)
· Medicine (already given to Ms. Reyna)
· Tupperware (portion of, but not all, are hem)
· Wall D6¢or
· Ashley's Bed
· Old Army Bookcase w/3 shelves
· Futon
· Stereo
· TV (old poF, ahle)
· Ashley's Clothes (most already taken by Ms. Reyna)
· 1 Bed Comforter
· Pillows (some already taken and portion of remaining, but not all, are hers)
· Ty Babies (portion of, but not all, are hers)
· Stuffed Animals
· Porcelain Dolls (portion of, but not all, are hers)
· Jewelry Boxes (portion of, but not all, are hem)
· Yearbooks (portion of, bat not all, are hers)
· CDs (portion of, but not all, are hers)
· Hats (portion of, but not all, are hem)
· Jewelry (in jewelry boxes listed above)
· 1 CD stand
· 1 Beebee Gun (the other gun listed is Mr. Peiffer's)
· Shelf(small, shadow box shelf)
· 1 Small Stand
· Picture with Bows
Sun and Moon
· Toys (portion of, but not all, are hem)
· Telephone (small handheld)
· Portable CD player
· Gloves (portion of, but not all, are hem)
· Bead Kit and Crafts
· Rollerblades
· Pogo Stick
· Skateboard
· 1 Basketball
B. Property purchased by or given to Mr. Peiffer which is therefore his property · Camping Equipment
· Foot Massager
· Sewing Machine
· Computer Games/Software
· 4-piece Wicker Furniture (purchased.jointly)
· 2 Rocking Homes
· Stool
· Iron (only 1 exists instead of the 2 listed)
· 1 Weedeater
· I Foyer Table
Circular Saw
· Tools
· Patio Set
· Carpet Shampooer
· Crockpot
· VCR
· Curtains (listed under Ashley)
· Caller 1D box
· Nintendo Controller
· Kids' Shower Curtain
· Curtain Rod
· Wooden Shelf
C. Miscellaneous Property Items · Vid. co Camera
· July 4th Decorations
· Antique Sewing Machine
· Plants (6)
· 2 Tubs
· Bedroom Set (given by Ms. Reyna as a gift in August 2000)
· Coffee Table (given by Ms. Reyna as a gift in August 2000)
· Planters
· Porcelain Flowers
· David Winter Cottages
· Blender
· Ostasizer
· Baking Items
· Molds
· Electric Knife
· Plattem
· Lava Lamp
· Dog Box
· Diary
· Papers (Ashley)
· Address Book
· Ceramic Clown
Half Dollar
* Marie Kart N64
· Paint Ball Gun
GmenShelf
· TV Stand
· Playstation Games
· Oameboy Games
· Playstation
· Gameboy
Brian K. Peiffer, Sr.
Plaintiff
In the Court of Common Pleas
Cumberland County, Pennsylvania
v. No: 2001-1094
Cindy M. Reyna,
Defendant
Civil Action - Law
Certificate of Service
I, James A. Miller, hereby certify that I have forwarded to the person(s) on the
date and in the manner indicated below a copy of the preceding document.
Date: Thursday, April 19, 2001
HAND DELIVER
CUMBERLAND COUNTY COURTHOUSE
Douglas G. Miller, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
BRIAN K. PEIFFER, SR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION - LAW
:
CINDY M. REYNA, :
Defendant : No. 01-1094 CIVIL TERM
ORDER OF COURT
AND NOW, this 19th day of April, 2001, upon
consideration of the Defendant's Preliminary Objection
Pursuant to Pa.R.C.P. 1509 to Plaintiff's Complaint and
Motion for Writ of Seizure, and pursuant to an agreement of
counsel, the preliminary objection is deemed withdrawn.
Douglas G. Miller, Esquire
For the Plaintiff
James A. Miller, Esquire
For the Defendant
wcy
By the Court,
BRIAN K. PEIFFER, SR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : CIVIL ACTION - LAW
:
CINDY M. REYNA, :
Defendant : No. 01-1094 CIVIL TERM
ORDER OF COURT
AND NOW, this 19th day of April, 2001, upon
consideration of Plaintiff's Motion for Issuance of Writ of
Seizure in Replevin Action Pursuant to Pa.R.C.P. No. 1075.2
or in the Alternative Pursuant to Pa.R.C.P. No. 1075.1, and
following a hearing held on this date, and in view of the
burden upon the moving party with respect to this type of
motion, the motion is denied.
Douglas G. Miller, Esquire
For the Plaintiff
James A. Miller, Esquire
For the Defendant
wcy
By the Court,
,
BRIAN K. PEIFFER, SR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION - LAW
CINDY M. REYNA, :
Defendant : No. 01-1094 CIVIL TERM
ORDER OF COURT
AND NOW, this 19th day of April, 2001, upon
consideration of Plaintiff's Motion for Issuance of Writ of
Seizure in Replevin Action Pursuant to Pa.R.C.P. No. 1075.2
or in the Alternative Pursuant to Pa.R.C.P. No. 1075.1, and
following a hearing on the motion held on this date, the
record is declared closed, and the matter is taken under
advisement.
Douglas G. Miller, Esquire
For the Plaintiff
James A. Miller, Esquire
For the Defendant
wcy
By the Court,
Wesley ~, . J.
Brian K, PehTer, Sr.
Plaintiff
Cindy M. Reyna,
Defendant
In the Court of Common Pleas
Cumberland County, Pennsylvania
No: 2001-1094
Civil Action - Law
ANSWER TO MOTION FOR WR/T OF SEIZURE
PURSUANT TO PA.R.C.P 1075.1
NOW COMES, Defendant, Cindy M. Reyna, by and through her attorney, James
A. Miller, Esquire, and answers Plaintiff's Motion for Writ of Seizure as follows:
1. Admitted to the extent that Plaintifffiled the instant action; denied to the extent of
any inferences of ownership of the subject property or characterization of Defendant's
alleged conduct.
2. Neither admitted nor denied with respect to Plaintiff undertaking ex parte efforts.
It is denied that the dog's health and well-being are being compromised or that Plaintiff's
interest in the property is any superior to Defendant's; albeit Plaintiff has presented what
purports to be evidence of legal title to the property which in and of itself does not
overcome the burden of proof in defeating Defendant's equitable interest in the subject
property.
3. Denied. Atter reasonable investigation, Defendant is without knowledge or
sufficient information to form a belief as to the truth therein and demands specific proof
thereof at trial. By way of further answer, Defendant hereby incorporates preceding
answer number 2 as if fully set forth herein.
4. Denied. After reasonable investigation, Defendant is without knowledge or
sufficient information to form a belief as to the truth therein and demands specific proof
thereof at trial.
By way of further answer, counsel for Plaintiff has known that the undersigned
represents Defendant since February, 2001, when Plaintiff's suit against Defendant to
docket number CV-272-00 was heard wherein Plaintiff alleged that Defendant owed
Plaintiff $8000.00 for a swimming pool located at Plaintiff's real property and wherein
judgment was entered for Defendant and against Plaintiff Although Plaintiff filed an
appeal, no subsequent complaint was filed against Defendant. Instead, Plaintiff filed the
instant action. Plaintiff had given Defendant sufficient notice of such through counsel by
letter dated February 23, 2001, a copy of which is attached hereto as Defendant's Exhibit
A. Plaintiff's notice as evidenced in attached Exhibit A in and of itself defeats Plaintiff's
assertion that any exigent circumstances existed.
5. Denied. After reasonable investigation, Defendant is without knowledge or
sufficient information to form a belief as to the truth therein and demands specific proof
thereof at trial. By way of further answer, Defendant hereby incorporates preceding
answer number 4 as if fully set forth herein. Moreover, when Defendant left the Plaintiff's
home on October 25, 2000, the subject dog left with Defendant (almost 6 months prior to
initiating the instant action).
Respectfully submitted,
LAW OFFICES
IRWIN McKNIGHT & HUGHES
ROGER B, IRWIN
MARCUS A. Me.t~X]Gtt]~ Ri
dAMES D. HUGHES
REBECCA R. ]JUGNES
N'ARK D SCHWAR~
DOUGLAS G. MILLER
WEST POMERET PROE£SSlONAL BUILDING
80 WEST PO MFRET STREET
CARLISLE, PENNSYLVANIA 17013-3222
(717J 249-2353
FAX (717) 249-8354
E-M.~IL: IMHLA W~$UPERNET. COM
February 23, 2001
VIA CERTIFIED MAIL
JAMES A. MILLER, ESQUIRE
2010 MARKET STREET
CAMP HILL, PA 17011
RE: PEIFFER v. REYNA
No. 2001 - 1094, Civil Action
Dear Attorney Miller:
Enclosed please find one (I) copy of the Notice of Appeal from the District Justice
judgment filed on behalf of my client, Brian K. Peiffer, Sr., on this date with regard to the above-
referenced matter.
As a follow-up to our recent telephone conversation, I have instructed my client to
forward to me a copy of the list of personal property that you had provided to him. For each
item I have instructed him to indicate whether the item is in his possession and whether in his
opinion the item is owned by Ms. Reyna. Upon my receipt of said documentation, I will forward
our response in an attempt to resolve this matter.
In order to preserve my client's legal arguments, however, I have appealed the District
Justice decision as indicated by the enclosed document. In the event we are not able to shortly
come to an agreement I have been instructed to proceed with the litigation which will include a
request for physical recovery of my client's dog and not mere monetary relief. I would note that
my client possesses a receipt from the purchase of the animal as well as the American Kennel
Club license, both of which documents are in his name alone.
Please do not hesitate to contact me in the event you have any questions or concerns. I
trust that we may be able to resolve this matter short of litigation as outlined above.
Very truly yours,
IRWIN, McKNIGHT & HUGHES
DGM:kam
cc: Brian K. Peiffer, Sr.
Brian K. Peiffer, Sr. In the Court of Conunon Pleas
Plaintiff Cumberland County, Pennsylvania
v. No: 2001-1094
Cindy M. Reyna,
Defendant
Civil Action - Law
Certificate of Service
I, James A, Miller, hereby certify that I have forwarded to the person(s) on the
date and in the manner indicated below a copy of the preceding document.
Date: Thursday, April 19, 2001
HAND DELIVER
CUMBERLAND COUNTY COURTHOUSE
Douglas G. Miller, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
JameS. Miller, Esquire
~ Market Street
Camp Hill, PA 17011
(717) 737-6400
AMERICAN KENNEL CLUB P" ................ '"'"""'""'""""""""'~
CHLOE CHLOREESEOF BONNYBROOK
HALTESE
NH~TE
JACOb"FLUFFY 'LEAH~
RACHAEL NHZTE L~LLY - -
DA'~TN460OOX/O[ (7_~98)~. '
HE PAUL M LEAHY & LORZE A LEAHY
BRIAN K PEIFFER SE
PO BOX 575
BOZLZNG'SPRG5, PA 17007-0575
TN980574/02 -
FEHA L E
JAN 9 ZOO0
FEB 12 2001 WHICH THE $1R~ OR DA:~ IS '~*dBUSHED
CERTTFICA~ ISSUED THIS CERTIFI~ r~UED
w~ m~ ~ To COR-
)0 NOT WRITE IN THIS SPACE
AKC DOG REGISTRATION APPLICATION
This form is NOT a certificate of registration. **
APPLICATION ISSUE DATE:FEBRUARY 16 2000
DO NOT WRITE IN SPACe ABOVE
BREED MALTESE
DATE OF BIRTH JANUARY 9 2000
LITTER NUMBER TN980574/02
SIRE
DAM
BREEDER
JACOB FLUFFY LEAHY
TN484880/04 (2-98)
RACHAEL WHITE LILLY
TN460001/01 (7-98)
MR PAUL M LEAHY & LORiE A LEAHY
LITTER OWNER MR PAUL M LEAHY & LORIE A LEAHY
PO BOX 246 STEWARTSTOWN, PA 17363-0246
LITTER OWNER COMPLETES BLUE SECTIONS-NEW OWNER COMPLETES RED SECTIONS
STEP 1. CHECK YOUR REGISTRATION OPTION:
OPTION 1 [] $35.00 ~ OPTION2 ~ $27.00
'Dog Care and Training V~deo I 'Thine Generalion A1KC Certified Pedigree
'Three Generation AXC Cerfi§ed Pedigree (traces back three generations
OPTION3 [] $10,00
*AKC Registration only
DIRECTIONS:
STEP 1, Check a registration
option, See credit card payment
information below.
'AKC R~i$1raliO~ PLEASE NOTE: ALL ITEMS ARE MAILED SEPARATELY
Please pay by check, money order or credit card (see below). DO NOT SEND CASH
For applications received more than one year after issue date, add $30.00.
For applications received more than two years after issue date, add $60.00 and include explanation for late registration
~ VISA E~ Amex [] MasterCard
NUMBER EXP DATE SIGNATURE
Late fees will be added to credit card charges. Supplemental transfers $~0.00 each.
STEP 2, NAME OF DOG: STEP 2, PRINT one letter per
TNE PERSON WHO OWNS THE DOG AT THE TiME THIS AP[~LICATION iS SUBMITTED HAS/THE RIGHT TO NAME IT.
STEP 3. I HEREBY GIVE MY PERMISSION TO USE MY REGISTERED KENNEL NAME:
~ FEMALE
CUSTOMER #
space. Skip a space betwean words.
: Choose a unique name. Do not use
numbers. Names are subject to AKC
· approval. Once a dog is registered,
its name cannot be changed.
ST~P ~. If an AKO registered
kennel name is being used as a pad
of this dog's name, the owner of the
registered kennel name MUST
sign here,
STEP 4. Check sex of this
STEP 5. Check the color and/or
marking pattern that most closely
describes the dog.
SIGNATURE OF KENNEL NAME OWNER REGISTERED KENNEL NAME
STEP 4. CHECK SEX OF DOG YOU ARE REGISTERING:
[~ MALE
STEP 5. CHECK COLOR AND MARKINGS:
COLOR:
!~199 WHITE
MARKINGS:
D 0~e SLACKPO~NTS
~ PLEASE COMPLETE REVERSE SIDE FOR BALANCE OF APPLICATION
02F02 · 1 gg9 T~le Amer~c~ n Ke~nel Club
STEP 6 CHECK REGISTRATION TYPE:
~..~'~FU LL [] LIMITED
if no box is checked, dog will be given full registration.
STEP 7. CHECK OWNERSHIP AND FILL IN TRANSFER DATE:
STEP 8. PRINT NAME(S} OF NEW OWNER/CO-OWNER: ~ (we) apply to The ^mencan Kennel Club to have a
reuistration certificate ~or this dog issued in my (our) name(s}, and certify that f (we) acquired this dog on the date stated
directty flora [he owner(sl of the ~itter. J (we} agree to abide by all American Kennel Club rules and regulations. I (we) under-
stand that if tho limited box in Step 6 has been checked by the litter owner(s), J {we) will receive a ~Jmited registration cedJficate.
.................... t.,_o___, .......... ....... .................................................................................
1 HEW CO-OWNER NAME :
STEP 6. Full: May be used as
registrable breeding stock. Entry
dog events unrestricted. LIMITE
Not to be used for breeding stsc
Entry in dog events is restricted
STEP 7. Check one box. Ente~
the date that new owners took
possession of the dog, If the do!
is to be registered in the name of
the ~itter owner(s}, skip steps 8 &
STEP 8. Litter owner must print
names as they will appear on
Registration certificate and as
recorded by litter owner. Pnnt one
name per tine unless there are
more than two co-owners.
2, ADDRESS
.............................................. .......................... ..........
4. E-MA~L ADDRESS .~ ~ PHONE I_l~
NEW OWNER // [ ~ ~ ¢/ ~ Co-ow~er must sign separately,
NEW CO-OWNERISI
~.~ .......................... ~ ..................................................................
IF THE NEW OWNERS LISTED AGOVE HAVE TRANSFERRED THIS DOG TO SOME OTHER PERSON(S), A SUPPLEMENTAL TRANSFER
STATEMENT (Form~ ~TRND) AND $10,~0 FEE MUST ACCOMPANY THiS APPLICATION FOR E~ INTERMED)ATE TRANSFER, THESE
FORMS ARE AVAI~E~ THE AMERICAN KENNEL CLUB AT THE ADDRESS SHOWN BELOW,
/ / J///~/J/ 'J on this applicatio~ is correct, and that I am in good whose names appear to the
/. // /////// ' / t ,ui,g aub." MUST,ig,
SI~T~RE OF MR PAUL M L~Y OATE ~RE OF L~IE A L~ DATE
TN980574/02
Corrections may cause a delay of registre~on for explanations, The AKC rose.es the I~gtit to revoke for cause any registret~n certificate issued. A
m~srepresentaflon on this appScation is cause for cance#a#on and may result in loss of all AK C p~vilegas for those individuals who violate the integ~Cy of this
application. All submitted applications become the property oft he AK C.
P/ease send completed form with appropriate fees to: American Kennel Club
PO Box 37902
Raleigh, NC 27627-7902
PLEASE NOTE: Applications take approximately three weeks to process. Please wait before calling AKC to check on
the status of your application until after that time period has elapsed. ~ .....
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
Th~s proo r~/se,"wlce MUST BE FILED WITHIN TEN f'~ O) DA YS AFTER f~ling the not/ce of appeal, Check ~pp/icable boxes)
COMMONWEALTH DF PENNSYLVANIA
COUNTY OF CUMBERLAND
AFFIDAVIT; I here;by swear or affirm that J served
a copy of the Notice of Appeal, Common Pleas NO 01-1094 Ci¢~1. upon the District Justice designated therein on
¢d~te ofserwce) ~ February 26, 2001 , ~.'~ by personal service ~ by (cert~fied~ (re¢istered) mail, sender's
;ece~p{ a(tached hereto, ~nd upon the appellee (~ame) James A. Miller ~.___ , on
February.~_ , 19_~_[. ~ by persor~al semite ~] by (certified} (registered} mail sender's receipt attached hereto
and further that I served ~he Ru~e to Fie a Complaint accompanying the above Notice of Appeal upon the appellee (s} to whom
the Rue was addressed o~ _____., 19 ..... [] by personal service ~] by (certified) (registered}
SWORN ~APF F~MEDI AND SUa$ORI~-~}:~D BEFORE ME
THIS 27th DAY OF February ~9.~
JUD~CIAL DISTRICT
NOTICE OF APPEAL
DISTRICT JUSTICE JUDGMENT
NOTICE OF APPEAL
Notice is given thor the appellant has fi~ed in the above Court of Common P~eos an appeal from the judgment rendered by the District Justice o~ the
date and in the case ment,~md below.
CV 19
LTl9
~is ~ ~ill ~e ~ ONLY ~ this ~ is ~uired u~r P~ R.CP.J.P. N~
T~ ~t~ oJ A~I, ~n ~ei~ ~y t~ District Justice, will ~ as a
~RSEDEAS ~ ~ ju~m~t fm po~s~ in this cas~
Signature of Prothonotary or Deputy
SIGN~i~'~UR~ ~ iPpELLANT C~ I~S~ATTORNEY OR AGENT~ ~ L
If appellant was CLAIMANT (see Pa. R.C.P.J.P. No,
1001 (6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty ( 20 ) days after
filing his NOTICE of APPEAL.
~ PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of fofl*n to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, de,ach from copy of notice of appeal to be served upon appellee).
PRAECIPE.' To Protha~otory
En~' rule upcm , aPPellee(s), to file a complaint in this appeal
(Commo~ Pleas No. ) within twenty (20) ~lay's ~ service of rule o~ suffer entry of judgment of non pros.
RULE: To , aPPeJlee(s).
Neme of a~oe/~s)
(I) 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 role upon you by pe~soual sm'vice or by certified or registered mail
(2) ff you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
Date: ,19 .
...... '~ COURT FILE
r
Postmark
Here
.... !~0N0__ .i{.L~_f~F.,_. S~ S,&t{. _][ __ DAY .......................
..... ,7..Z 9 ._/~.7~L. _ ~ ~E~ ~.~.T...~0~..16;~ ................
· Complete items 1, 2, and 3. Also complete A. R~:I by (P/l!~r~'nf~ I ~
I~em 4 if Restricted Delivery is de, ired. ,~ ,,~ ~,v/~.~ ~ ~3 ~\ J~_~ tOE
· Pfint your name and address on the reverse _:.-T / /-- - - -or
· e that, we can return the card to you. C. Signatu~ ~/ ~_~ , ' ,
· Attach this card to the back of the mailpiece, X ~/'¢/~/,/~, /) ~,~
or on the front if apace permits. " J ',-- (,/~/Y'~,,~_~_~/F,.~=.~ [] Addressee
D. Is dellvef,~;~ress;~iffer~lt from item 17~ r-I Yes
1. A~ticle Addressed to: If YES. enter delivery address below:
~O~RA'RL]~ SUSA~ ~. DAY
229 I~LL STF,.~ET BOX 167
I~T HOI~¥ SFR.T. NCS I'A 17065
2. A~cle Number (Copy from service label)
70~0 glql~l.~ ~J7 1261
p~ Form 3811, Jury ~
3. Sen/ice Type
[~ Certified Mail [] Express Mail
[] Registered [] Return Recei~ for Merchemt~e
F1 Insured Mall [] C.O.D.
4. Restricted Delivery? (Extra Fee) FI Yes
.,-i- ~ Postmark
~ (Endorsement Required)
· Complete Ite~ns 1, 2, and 3. Also complete
~ 4 If Restricted Delivery is deelred.
· I~rlnt your name and address on the reverse
ae th'at we can return the card to you.
· ~tach this card to the back of the mailpiece,
e~ on the front If space permits.
1. ~ticle Addressed to:
J~II{S A H];T.T.I~R
~10 14AR~E~ SI~EET
~ HILL PA 17011
A. Recelved by ~ ~t Cleari~ B. DateofDelivew
C. Signatur~~
Add~
if YES, enter delivery address below: ~-No
2. ~l~cle Numbe¢ (Copy fro~ service
7099 34~0 ~18 4997 124,7
3. Service Type
E'I Certified Mail [] Express Mail
[] Registered [] Return Receipt for Merchandile
FI Insured Mall t'-I C.O.D.
4. Re~t~cted Delivery? (Exba Fee) [] Yes
---.S OF' -IAMI='S A. MILLr'R
Date
03/09/2001
03/28/2001
04/02/2001
04/03/2001
04/10/2001
04/12/2001
04/13/2001
04/16/2001
04/18/2001
12/2912000
03/01/2001
ATTORNEY FEES
Cindy Reyna 2001-0005 Gem
Descril~tion of Services Perf(~rmed Time Amount
Prior Account Balance 5.6 $700.00
Current Bill
Telephone from client re: status; letter to Atty. Miller re: 0.2 $25.00
status
Review Atty. Miller's 3/19 letter & itemized list; letter to 0.2 $25.00
client re: same
Telephone from Atty. Miller re: property list & settling 0.2 $25.00
Telephone with client re: list 0.1 $12.50
Telephone from client re: list 0.1 $12.50
Review Replevin complaint & Motion for Writ of Seizure 0.5 $62.50
Telephone with client re: motion/hearing 0.2 $25.00
Meet with client re: Replevin action 0.1 $12.50
Review emails from Peiffer to client; prepare, review & 6 $750.00
revise preliminary objections to complaint, answer to
motion for writ of seizure & answer to complaint
Total Current Bill
Amount(s) Received:
No Charge for initial meeting
Escrow transfer
Total Amount Due Upon Receipt:
Thank you for your recent payment(s).
13.2 $1,650.00
($126.oo)
($463.00)
$1,062.00
ROBERT B. LIEBERMAN
ATTORNEY AT LAW
Five Hundred North Third Street
Twelfi:h Floor
P.O. Box 1004
Han-hburg, Pennsylvania 17108-1004
(717) 236.1485
FAX (717) 236-7777
File No.
1790-1
November 7, 2000
Cindy M. Reyna
AT&T WIRELESS
2550 Interstate Drive
Harrisburg, PA 17110
In re: Peiffer v. Reyna
Dear Ms. Reyna:
Please be advised that I was recently contacted by Brian K. Peiffer, Sr. regarding certain
problems which have arisen in connection with your separation from his residence.
Initially, you. or any agent acting on your behalf are hereby formally notified to cease
any further contact with Mr. Peiffer and to refrain from calling, contacting or harassing him as
well as entering onto his property.
With regard to your personal property xvhich is still located in Mr. Peiffer's residence,
you are hereby requested to immediately arrange to remove the property within a period of no
more than 15 days. We are further requesting that you be accompanied by a third party,
preferably a constable at your expense, to insure that there are no problems or difficulties during
the period of time the items are being removed from the property.
The dog, owned by Mr. Peiffer for which he has the appropriate documentation, must be
returned immediately. If the pet is not returned to Mr. Peiffer's residence, we are prepared to
initiate the appropriate legal action to hold you accountable for failure to return property owned
by Mr. Peiffer.
Finally, it is my understanding that you have listed Mr. Peiffer's cellular phones as either
stolen or lost. Since you are welt aware that this is not the case, you are directed to immediately
remove the phones from the stolen/lost list so he is permitted to use the phones in the filture.
Cindy M. Reyna
November 8, 2000
Page two
If you are represented by an attorney, I would suggest that you refer this letter to your
counsel. Mr. Peiffer is interested in resolving these issues in an amicable fashion without the
necessity of court intervention. If you are unwilling to cooperate, I have been directed to
proceed accordingly.
Should you have any questions or comments concerning the directions as set forth in this
letter you may wish to contact me.
Thank you very much for your anticipated cooperation.
Very truly yours,
RBL/dmg
cc: Brian K. Peiffer, Sr.
Robert B. Lieberman
LAW OFFICES
IRWIN McKNIGHT & HUGHES
ROGER B, IR WIN
MARCUS A. MclC~IGH~ 111
dAMES D. HUGHES
REBECCA R. HUGHES
MARl(D, SCHWARTZ
DOUGLAS G. MILLER
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
CARLISLE, PENNSYLVANIA 17013-3222
(717) 249-2353
FAX (717] 249-6354
E-MAIL; IMHLA W@SUPERNET. COM
HAROLD&IRWIN (1925-1977)
HAROLD&IRWIN.JR. {1954-1986)
IRWIN. IRWIN & IRWIN (1956-1986)
IRWIN. IRWIN & Mci(NIGHT (1986-1994)
IRWIN. McKNIGHT & HUGHES (1994-)
December 27, 2000
MS. CINDY M. REYNA
P.O. BOX 457
BOILING SPRINGS, PA 17007
RE: BRIAN K. PEIFFER, SR.
Dear Ms. Reyna:
This letter shall serve as a formal, written follow up to our telephone conversation of
December 1, 2000.
As you are already aware, our fn-m represents Mr. Peiffer with regard to various legal
matters, including the recovery of the Maltese dog which is owned and AKC Registered by Mr.
Peiffer.
It is my understanding that since our telephone conversation, you have continued to enter
and thereby trespass upon my client's property, and have continued to use your position of
employment to contact and otherwise harass my client. Please be advised that you do not have
any ownership interest in my client's property and have accordingly already been notified that
entry onto his property is therefore trespass and will be treated as such. You have further refused
to return Mr. Peiffer's registered dog to him, despite all evidence indicating his exclusive
ownership of said animal.
As I stated in our telephone conversation, this matter can either be mutually resolved,
thereby allowing the parties to amicably part ways, or this matter can proceed with additional
litigation and other official action. That choice is yours to make.
In the event you continue to refuse to take responsibility for your actions, I will have no
choice but to advise my client to continue to pursue all available legal remedies to recover his
property and to immediately pursue all legal remedies required to prevent your continued
harassment, including the possibility of filing criminal charges. In addition, it is my
understanding that Mr. Peiffer has discovered past credit history and other information with
regard to your prior associations that greatly concern him.
I trust that you will realize your obligations in this matter, and promptly rectify the above
in accordance with the terms and conditions previously outlined to you by Mr. Peiffer. In the
MS. CINDY M. REYNA
RE: BRIAN lC PEIFFER, SR.
December 27, 2000
Page 2 of 2
event my trust has been misplaced, however, I will advise my client to proceed as outlined
above.
In the event you have any questions with regard to this matter, please contact the
undersigned, or have your legal counsel do the same.
DGM:kam
cc: Brian K. Peiffer, Sr.
Very truly yours,
IRWIN, McKNIGHT & HUGHES
Dougla.qG. Miller
d×D
Veterinarian's imprint here,
Flavor Tabs'/m~bem/oin axme)
E~elosed Jn~erf describes use, dire~ions and precautions
to foJlow when administering IN~ERCE~OR Flavor Tabs.
~ace flea.ertl reminder ¢~kers on you( calendar for each
of the m~ths foliowi~ ~e date of the Inl¢ol flea.ertL
If you have any questions concern;r~g the use of this product,
contact your veterinarian
Manufac~red for: Nova~is Animal Health US, Inc,
Gree~oro, NC, 274~, U,S.A
(2-10 lb) (11-25 lb) (26-50 lb) (51-100
~I) NOVARTI S
?
BOILIN~ ~RINEI8 ANIMAL Ho~=rrAL
~o PARK DRIVE
BOILIN(3 SP~INGS, PA 171307
~ P~ffer Chloe
40866 CANINE MALTESE
C.~e me t~x~ ee~ly moe arr, en~ from May thnw~
~ 8~'1,~2 Rel~: 0
Quanta:7 In~meep~ Bm~n UP TO 10 I.B8
KEEP OUT OF R~CH OF CHILDREN - FOR VETERINARY USE ONLY
150 SPRING RD.
CARLISLE, PA 17013
(717) 243-9475 Ne. 17964
CASH C.O.D. [ C~E[ONACC~ MOSS.RETD, PAJO OUT
I
DESCRI~ION PRICE AMOU~
l
,
PLAINTIFF'S
EXHIBIT
~//
VISA
SALE
PLAINTIFF,,.R ·
EXHIBIT
AT&T Wireless Services
#BWNGFYV
~0015922006254617~ w
FP 02 021661 272198127 E**SDGT
*BRAIN K PEIFFER, SR
573 PO BOX
BOILING SPRINGS PA 17007
Questions?
· www.att.corn/wheless
· 1 800-BaB-Tfi00
· 611 from your wireless phone
SUI~ARY OF MONlllLY CHARGES FOR ACCOUNT 2200625461
Wireless Number 717-385-0707
Your billing cycle began on 10/02 and ended on ll/OI.
Previous Balance
Pay~ents Received Through
Il/04/00
Adjustments
Balance Forward
Late Payment Charge
Total Balance Forward
Current Monthly Charges
Monthly Service Charges
Home Airtime Charges
Home Long Distance Charges
Roaming Charges
Other Charges and Credits
Taxes, Surcharges & Regulatory Fees
Total Current Monthly Charges DUE UPON RECEIPT
TOTAL ANOUNT DUE
You can now pay your invoice online ~ www.att.com/wireless
AT&TWIRELESS SERVICES APPRECIATES YOUR BUSINESS
Date of Invoice: 11/04/00 '
.00
.00
.00
.00
.00
.00
50.10 ~l]'
.60
.00
25.00
7.81
94.17
94.17
Note: mmm~
We P~nt on
Front and Back.
PLAINTIFF'S
EXHIBIT
Account Name
~RAIN K PEIFFER, SR
Account Number
2200625461
Oate of Invoice
Telephone Number
717-385-0707
Service User
BRAIN K PEIFFER, SR
Page -~
AT T
HOME AIRTIME CHARGES
10/25/00 Through 11/01/00
- AT&T DIGITAL ADVANTAGE $39.99
Category Minutes Rate
500 NIGHT & WEEKEND MINS 103 .000
INCLUDED IN PLAN 107 .000
ADDITIONAL MINUTES 167 .300
377
TOTAL HONE AIRTINE OrIA~ES
HOME LONG DISTANCE CHARGES
AT&T WIRELESS SERVICES
TOTAL XOME LONG DISTARCE CHARGES
OTHER CHARGES AND CREDITS
START OF SERVICE
TOTAL OTHER CHARGES ARB CREDITS
TAXES, SURCHARGES & REGULATORY FEES
FEDERAL TAX
STATE TAX
UNIVERSAL CONNECTIVITY CHARGE
TOTAL TAXES, SURCHARGES & REGULATORY FEES
TOTAL CURRENT MONTHLY CHARGES
i ii ONG DI'STANCECHARGES ..
@ 3.000~
@ 6.000~
Calls
Ref Oate Time Number Called Calls To Free Cat Minutes
0001 10/25 1:34P 717-486-8689 MTHOLLYSPG PA HB 1 2
0002 10/25 4:49P INCOMING HB 4 2
0003 10/25 5:10P INCOMING HB 4 1
0004 10/25 §:13P INCOMING HB 4 1
0005 10/25 5:18P INCOMING HB 4 1
0006 10/25 6:12P INCOMING HB 4 1
0007 10/25 6:39P 717-860-6244 CHMBRBGCEL PA HB
Charge
.00
.00
50.10
50.10
50.10
.6O
.60
25.00
25.00
1.86
5.23
.72
7.81
94.17
Long
Air Distance Total
.00
.OD
.DO
.00
.00
.00
.00
September 2000 Monthly Bills
Bill Amount Check #
House 1540.91 1146
Trash 33.42 1158
Cell Phone 42.22 1167
.Long Distance 51.31 1174
GPU 224.64 1156
Associates 100 1157
Auto Insurance 75.33 1169
Car Payment 370.28 1164
Sprint 79.27 1176
TV Cable 55.28 101
Auto Gas 100
Swimming Pool 165.98 1173
$2,838.84
September Deposits
Cindy $2,444.13
Bdan $3,634.79
Total $6,078.92
Cindy's Deposits:
Cindy's MAC W~thdrawals:
$ 2,838.64 X 50 % = $ 1,419.32
$ 2,838.64 x 60 % = $1,703.18
$2,444.13
$1,374.17
$1,069.96 (Left)
"Personal" checks written by Cindy
Check # Amount Date
1150 $10.00 5-Sep
1151 $20.25 15-Sep
1152 $95.00 18-Sep
1153 $36.72 26-Sep
$161~7
Item Purchased
Dr. Bailey / Co-Payment
Lifetouch / School Pictures
CHA Edu. Tours / Mexico Trip
School Yearbook
1069.96 (Above)
-161.97 (Checks)
$907.99 (Short)
50 % from above
1419.32 (Above)
-907.99
$$11.33 (Short)
60 % from above
1703.18 (Above)
-907.99
$795.19 (Sho~)
CAPDF-110
American-Amicable Life
Insurance Company of Texas
PO Box 2549 · Waco. Tezas 76702-2549 · 254-297-2777
A Wortdwide Service Company
SEPTEMBER 18, 2000
BRIAN K PEtFFER, SR
P 0 60X 573
BOILING SPRINGS PA 17007
RE: POLICY OXOllSlllO - BRIAN K PEIFFPR, SR
DEAR MR PEIFFER:
ENCLOSED IS ~UR CHECK FOR $~55oll WHICH REPRESENTS A
FROM YOUR FUND.
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE POLICY
DEPARTMEHTo WE LO~K FORWARD TO HEARING FROM YOU.
SINCERELY, ~/
FOLICY SERVICE DEPARTMENT
WITHDRAWAL
SERVICE
I'~,S -- P,ease =etach b ..... CUSTOMER SERVICE 800-233-1343
GOLD Account: 4616 5706 9012 2932 StstementC;o$1ngDate: 0910712000 OsysmBillin~Cycle: 31
0B-11 08-11
08-18 08-18
08-19 08-19
08-20 08-20
08-22 08-22
08-23 08-23
08-29 08-29
08-31 08-31
09-02 09-02
09- 04 09- 04
HOSS'S STEAK & SEA HOU CARLISLE PA
PAYMENT - THANK YOU
UNITED RENTALS 239 MECHANICSBURG PA
HOME DEPOT #4120 MECHANICSBURG PA
SHEETZ #232 MT. HOLLEY SP PA
SHEETZ #191 CARLISLE PA
BOILING SPRINGS GETTY BOILING SPRI
BOILING SPRINGS GETTY BOILING SPRI
SHEETZ #232 MT. HOLLEY SP PA
SHEETZ #232 MT, HOLLEY SP PA
PA
PA
$73.67
$83.84
$56.47
$44.00
$22.66
$28,74
$21.65
$73.O9
$33,88
WHEN YOU USE THE ATTACHED CONVENIENCE CHECK, YOU ARE TAKING A CASH
ADVANCE THAT IS SUBJECT TO THE TERMS PREVIOUSLY DISCLOSED IN YOUR
CARDMEMBER AGREEMENT
WE SHOW YOUR PHONE NUMBER AS (717)249-3662, PLEASE INDICATE CHANGES ON
THE PAYMENT COUPON,
NOW YOU CAN SAVE 15% TO 30~ OFF YOUR NEXT STAY AT A NUMBER OF HOTEL
CHAINS, THE PROGRAM OFFERS OVER 4,000 PARTICIPATING HOTELS. JUST CALL
TOLL-FREE 1-877-670-7088 AND GIVE "60944" AS YOUR MEMBER I,D. TO
RECEIVE YOUR DISCOUNT. ADVANCE RESERVATIONS REQUIRED. BLACKOUT DATES
APPLY. DISCOUNTS CANNOT BE USED WITH OTHER PROGRAMS
$200,00CR
Balance &Advances CHARGE Adim~stments
S2,149.53 438,00 200.00 0.00 27.14 0.00 $2,414.67
Balance Sul)~ect Daily Colresponding Pemdic Finance ANNU/M.
To Fmnarme Charge pe~bdic Annual Finance Charge PERCENTAGE
METHOD: E * Rate** Peme4~ta§eRate Charge RATEt
$2,251.37 0.038900 14.24% $27,14 $27,~4 14.24%
0.025950 g.5c~
Total Amount Due .... $60. O0
Due Date ....... 10/02/2000
New Balance ...... $2,414.67
mc~tal Credit Line .... $2 ~ 850. O0
Available Credit Line... $435.00
Available Cash Line . . . $435.00
~'l,Po BOX 9~-722
CLEVELAND,
BILLING NOTICE
I.,llh.llh.,.Ih,lhhh,.hlhh,lh.,h,hhhhh,I
BRIAN K PEIFFER
$65 BONNY BROOK ROAD
CARLISLE ~ PA 17015
.)an Number
,]stomer Number
ale of Notice
03211012901674
00000184489822
09/04/00
ur records indicate a payrO., ant is scheduled for the 'Date Due' shown below. Please disregard tkis notice if payment has
ready been made. To e~tll for a current payoff or for assistance regarding your loan, call any time 24 hours a flay, 7
~ys a'week at 1-800~KEY2YOU.
REDIT INFORMATION: If you believe we have reported inaccurate information about your account to a c~eflit
portingageneV, you may contact.the, ore._alit reporting agen, cy, or write to us at ~KEYBANK, 4910 TIEDEMAN ROAD,
UITE P, BROOKLYN, OH 44.1,44-4342. Please met. uqe your account nu.moer~ a copy of your cre. dit re. port reflecting
inaccurate information, name, .anaress, city, state, ana zapcode, and an explanation of~hy you believe the
~t6rmation is inaccurate..If you dxspute the amoun~of a payoff .quoted t.o you, please w. nte to, or forward your paypff 1o
same address. Please mclude your account hum er, name, adilress, ctty, state, and zapcode, and a short explanatmn of
hy you feel the payoff is incorreCt.
TOTAL TOTAL TOTAL
PAYMENT DUE FEES AMOUNT DUE
$165.98 $.00 $165.98
PLEASE RETURN BOTTOM PORTION WITH PAYMENT
$print
BRIAN K PEIFFER
PO BOX 573
BOILING SPRINGS PA 17007-0573
P.O, Box 190
pi/mouth, IN 46563-01~0
1 ~00~29~009
November 15, 2000
Tel. No.: (717) 249-5128 821
Dear Brian:
Your recent check for telephone service was returned to our Business Office by your bank as
non-negotiable because of insufficient funds. Based on your creditable record as a customer, it appears this
was simply an oversight.
The check in question is in the amount of $79.27. If you would please forward payment to us, it
would enable us to bring your account to a current status.
Your attention to this matter will be appreciated. Should you have any questions, please call our
Business Office at 1-800-829-8009.
Sincerely,
Customer Service Representative
C.H.A
:ultural Heritage Alliance
07-115 South Second Street
'hiladelphia, PA 19106 USA
'elephone: (21 $) 923-7060
MISS ASHLEY M REYNA
345 BONNY BROOK RD
Statement Date
10/05/2000
BillingCode
RECEIPT
CARLISLE PA 17013
CHA TOUR ACCOUNT STATEMENT
Thank you for traveling with CHA Educational Tourst.
Important Information about CHA Payment Policies:
· This tour account statement reflects your · No personal check~ will be accepted by
account payments and charges as of the
issue date. Subsequent statements will be
sent to you only when necessary and only
if additional charges are due.
· Late penalties will be assessed if the
demdline dates listed on this statement
are not met. Refer to CHA's current-year
"Important Information Booking Terms
and Conditions" for payment details.
· Cancelled checks sent to you by your bank
will serve as your receipt of ail subsequent
tour payments you make to CHA.
CHA within 99 days prior to departure.
Payments postmarked 99 days or less
prior to departure must he in the form of
a certified check or money order.
· Remember that gratuities for your CHA
Tour Director and your long-distance
Motorcoach Driver are not included in
your tour price and will be collected by
your teacher-counselor prior to departure.
(The recommended tipping amounts per
touring day are $2.00 Jbr your Tour Director
and $I.00 for your Motorcoach Drives)
09/27/00
REQUESTED TOUR: MEXICAN FIESTA
REQUESTED TOUR BASIC COST
REQISTRATION FEE
US AIRLINE & AIRPORT TAXES
FOREION DEPARTURE TAX
PAYMENT RECEIVED
$969.00
$95.00
$79.00
$59.00
$95.00
Please detach coupon & enclose with your payment
$400.00
TOUR DEPOSIT DUE: 10/~7/~000
Amount of Payment For Office Use Only
ENCLOSED: Si~80~llBWI
S 1111
BAKERE701
REYNAAOOO
MAIL ALL PAYMENTS TO:
Cultural Heritage Alliance
107-115 South Second Street- Philadelphia, PA 19106
MAKE ALL CHECKS OR MONEY ORDERS PAYABLE TO:
For U.S. Travelers:
CHA Educational Tours Escrow Account
For Canadian Travelers:
Cultural Heritage Alliance/Bank of Montreal Escrow Account
Please detach coupon & enclose with your payment
$707.00
TOUR BALANCE DUE: 01/02/2001
Amount of Payment For Office Use Only
ENCLOSED: S1280411BWI
S 1111
BAKERE701
REYNAAO00
MAIL ALL PAYMENTS TO:
Cultural Heritage Alliance
107-11S South Second Street · Philadelphia, PA 19106
MAKE ALL CHECKS OR MONEY ORDERS PAYABLE TO:
For ~ S. Travelers:
CHA Educational Tours Escrow Account
ForCa.adian Travelers: CV plate)
Cultural Heritage Alliance/Bank of Montreal Escrow Account
If you have not yet registered for CHA's
extensive Optional Travel Protection Plan
(see enclosed pamphlet), check the box
below and return this coupon along with
the specified non-refundable insurance
premium. (lf ?ou have already registered for
optional insurance, please disregard this
coupon.)
~-'~ CHECK HERE TO PURCHASE
CHA OPTIONAL INSURANCE
$89.00 DUE BY:
01/02/2001
ForOfceUseOnly
Si~80411BWI
1111
BAKERE701
REYNAAO00
October 2000 Monthly Bills
Bill Amount Check #
House 1540.91 105
Long Distance 21.35 107
GPU 161.61 104
GPU (13 days) 85.1 122
Associates 100 110
Auto Insurance 75.33 1169
Car Payment 370.28 109
Sprint 90.93 119
TV Cable 55.28 130
Auto Gas 75
Swimming Pool 165.98 111
$2,761.77
October Deposits
Cindy $0.00
Brian $3,533.82
Total $3,533,82
Cindy's Deposits:
Cindy's MAC Withdrawals:
$ 2,761.77 x 50 % = $1,380.89
$ 2,761.77 x 60 % = $1,657.06
$0.00
$952.68
$952,68
"Personal" checks written by Cindy
Check # Amount Date
1168 $50.00 5-Oot
1172 $21.25 11-Oot
$71.25
952.68 (Above)
71.26 (Checks)
$1,023.93 (Short)
Item Purchased
Herff Jones / Class Ring
Lifetouch I School Pictures
60 % from above
$1,380.89 (Above)
X 80.65 % % of month
$1,113.69 (Short)
$1,023.93 (Above)
$2,t37.62 Total Owed
60 % from above
$1,657.06 (Above)
X 80.65 % % of month
$1,336.42 (Short)
$1,023.93 (Above)
$2,360.35 Total Owed
PLAINTIFF's ·
EXHIBIT
STATEMENT f ;AcCOu,+# I SOC. S~CU,~WNO. ; r~OM 'ThOUgH
:.o ' scT,.ou,.,gsTo= / ~o-o~-oo10-31-00 PAG
Member
Mechanlcs~urg, PA 17055
Main ~ltc~ard: (717) 697-1161 Or (800) 283-2328
Ca11-24: (?~ 7) 697.4372 or (800) 283-4372
1 or 3
MEMBERS 1ST IS OFFERING
NO-PENALTY, ADD-ON AND BUMP-UP
CERTIFICATES ALL AT 7.10% APY,
SEE THE ENCLOSED INSERT FOR MORE
INFORMATION,
BRIAN K PEIFFER
PO BOX 573
BOILING SPRINGS
PA 17007-0573
")VX:~OAyTRN~ ~FE~¥ YR ''!' .' .' '. · ' . ' . ' '. DE$CRi~I~)N OF T~N~CTION AMOUNTI NEW BALANCE
..... i...,..[~0.20.0DE~S:CL.E~ELANB ............................................................................................................................... :.14.0.2.,.~4
~ 16[300ITT EDUCATIONAL 1067.57 1092.57
i [~3~00ITT EDUCATIONAL 1064.21 1089.21
DEPOSITS 3344.6i
BE TBZ S/FEE5
................. ~ ........... NA~N~Z~EE~ICE...CHG5 ........................ fid .......... ~DUE A~G DAIL~,..B~CE...H~ 11~l 82
~ ~ ENDZNG BALANCE .......
[ ~ .00 YOUR LOH MONTH BALANCE HAS .00
100[0~3Q00ATM NZTHDRAHAL 0930163926 -61,50 1898.99
................. L...L.--CAEL.ISLE..ELAZA..HALCA~.I.S. LE ................ P.A ..........................................................................................................................................
1G0~00POZNT OF SALE 1001190454 -259.97 1639.02
[O0200FAYROLL ALLOCATION FROH 15450[-00 ~402.04 304~.06
~ 108 CARLISLE PLAZACARLISLE PACVS ...............
420 N BALTIMORE AVMT HOLLEY SP P~EE~ ~ .................
10031G0200SHARE DRAFT ~ 1159 ~002008072 -39.89 2907.36
10031~0200SHARE DRAFT · 1155 1002008303 -125.00 2682.36
lO0300EASY NITHDRAHAL -60.00 3222.36
~ [ [ CARLISLE PLAZA MALCARL[SLE P~ ...............................
.... L.....I~0,40.0EQIN~...OE ~ALE ........................................ [O0~0~5582 ..................~.60.,.[6 ......... 3100.7~ .....
~ lO0500PO[NT OF SALE 1005005685 -47.60 2947.10
...... ~ ........... r.~..t ........................................................................................................................................................................................................................................................
~1i5450i I CONFIDENTIAL
i i 10-01-00 10-31-00! PAGE 2 OF 3
DESCRIPTION Or I'~N~CTION AMOUNT NEW BALANCT
100~IG0500SHARE DRAFT # 1164 1005013717 ~ ~ ...~.~.~..,..~ .....
~ 3 EAST FIRST ST BOIL£NG SPRINPA ............................................
10071G0600SHARE DRAFT · 1152 1006007566 -~5.00 2303,57
[ 420 NORTH BALTIHORNT HOLLY SPROPA
1Gi~00EASY DEPOSIT ~ cl~;l~ S~pt~ ~0.00 23!~ ~.~ ......
G~ANT FOOD #11 CARLISLE PAGIANT FOOD #11
1Q121GZ~00SHARE DRAFT # 1165 1011007248 -1594.69 626.48
1G1300ATN WITHDRAWAL 1013184417 -60.00 1634.05
Id141~1300ATH WITHDRAWAL 1013200825 -21.50 1612.55
10141~1300SHARE DRAFT # 1168 1013002466 -50.00 1562.55
1G1400POINT OF SALE 101~[~94~0 -153.59 1185.~ ..
1G1500ATN WITHDRAWAL 1015135418 -60.00 1125.96
l~1500POINT OF SALE 1015014343 -76,73 1049.23
1~1500ATN W[THDRAHAL 1015165853 -21,00 1028.23
10171G1600ATN WITHDRANAL 1016201950 -~1~
10171G1600SHARE DRAFT # 1172 1016022901 -21.25 965.48
~ GIANT FOOD #11 CARLISLE PAGIANT FOOD #11
IO1800ATM WITHDRAWAL 1018124859 -60.00 764.97
).Q.i~.t~)Q.~.~!~...~.X.I.UPS~U~ ........................................................................ [Q.).~Q4.X~ ..................... ~.~.)..,.~ ............ ~.~.,.~.! ......
i i 602 E HIGH ST CARLISLE PA
)~I~00EASY DEPOSIT
T'""'~2~O'O~'~¥'"~"'~A~ .............' ........ r ......................................................... [~'~007~5~2' -101.08 ~17'.'39
.......... !,~_~,,,_~.[3 FORGE RD. BOILING SPRINPAKARNS ~UALITY
10~11~2000SRA~E'"'b'~AP¥"'~ .......... ~'~?~ .......................................................................... [~'~016~6' -16'~.~ '"551;'4[ ....
lO2~00ATM WITHDRAWAL 1021140547 -40.00 511.41
l~2200ATM WITHDRAWAL 1022120158 -60.00 451,41
10231Q2200POINT OF SALE 1022081121 -25.96 425.45
l~2300ATM WITHDRAWAL 1023143548 -2[.50 403.95
i i AT&T HARRISBURG PA
.~[~q~H~B~ p~T ~ 1174 102301165~ -51.31 352.64
l~2500SHARE WI~H~ ........................................................................................................................................ ~'~'~'~'~ ............ ~'~'~ ......
.[~2~OOSHARE ~ITHDRAWAL -25.00 252.64
~..`~...~.`?~..~.`~..~.~`.~.~..~....~....~....~....~"`~.".~`.`~.`~`~.`..~`.`.~....~....~....`~....~....~....~.."~.`"~`.~.~..~.~`.~`.~.~.~..~`~.~`.`.~.`.`~....~.`..~...~.".~....~"...~.."~
[i[~2 95.00 '1161 85.03 1166 106.00 '1171 [20.00
~'~'~ ............. [~'~'~'~ ...................... ~"~ ............ ~'~'~'~'~ .......................... ~'~'~? ................ ~'~'~ ............................................................................... 1172 21.25
'111~7 100.00 1163 55 29 1168 50.00 1173 165.98
1159 39.89 1165 1594 69 TOTAL 3424 01
.......... T""T ...................................................................................................................................................................................................................................
~1~'~ / i545 CONFIDENTIAL 10-01-00 10-31-00 PAGE 3 OF J i
i JOINT OHNERS: CINDY M REYNA
i ! Y-T-D DIVIDENDS: 14,33
.......... ~'"'~ ....................... ~U~ ~"~AV'~'~'~'"i'~'~A~A~i~
............... **ANNUAL PERCENTAGE RATE**
............. ~ ......... PREVIOUS LOAN BALANCE 7602.16
15.~.~..~
i j i YTD FINANCE CHARGE PAID: 615.36 NEN LOAN BALANCE 7449.58
~ERIOD iTOTALS-PAYMENTS & CREDITS: 152.58 DEBITS: .00 *FINANCE CHARGE*: 73.42
¢ FOR 2000
ii * IRA YTD * OTHER YTD * TOTAL YTD ~ T~TAL VT~ '~"T'~T~'"Y¥'~"'""~ .......
..................~=~.....~ .......................................... ~.~.~.~.~ ............. ~.~.~.~.~.~ ............. ~.~.~..~.~ ........ ..~.T~.~.~.~ ...... ~.~u.~" ....
................. L.! ..................................................................... ~.~ .......................... ~.~.,.~ ....................... ~.~.~.~.~ ................
i i TOTAL **FINANCE CHARGE** PAID 772.01
.............
KEYBANK LISA
PO BOX 94722
CLEVELAND, OIt 44101-4'/22
BILLING NOTICE
I,.llh,,llh.,,,,lh,lhhh,,,hlhh,lh,,,h,hhhhh. I
BRIAN K PEIFFER
365 BONNY BROOK ROAD
CARLISLE, PA 17015-929(]
Loan Number
Customer Number
Date of Notice
03211012901674
00000184489822
11/05/00
Our records indicate a payment is scheduled for the 'Date Due' shown below. Please disregard this notice if payment has
already been made. To c~ll for a current payoff or for assistance regarding your loan, call any time 24 hours a/lay, 7
days a week at 1-800-KEY2YOU.
CREDIT INFORMATION: If you believe we have reported inaccurate information about your account to a credit
reportingagency, you may contact the credit reporting agency, or write to us at KEYBANK, 4910 TIEDEMAN ROAD,
SUITE P, BROOKLYN, OH 44144-4342. Please include your account number: a copy of your credit report reflecting
the inaccurate information name, address,city, state, and zipcodc, and an explanation of ~vhy you believe t}ie
information is inaccurate. If you dispute the amount of a payoff quoted to you, please write to, or forward your payoff to
this same address. Please include your account number, name, ad~lress, city, state, and zipcodc, and a short explanation of
why you feel the payoff is incorrect.
TOTAL TOTAL TOTAL
PAYMENT DUE FEES AMOUNT DUE
$165.98 $.00 $165.98
PLEASE RETURN BOTTOM PORTION WITH PAYM~[NT
Balance Current Fees &
at Billing Charges Taxes
$0.00 $53~85 $1.44
Total
Amount Due
$55.29
TII?tNK YOU FOR PAYING YOUR BILL ON TIME. Your prompt attention is appreciated. A $200 late charge
wllbealp edonlyw enapaymentiareceivedSdavapastyourPawmentDneDate. For your eonYenience, we
469 E North Street
PO Box 300
Carlisle, PA 17013
10/23
11106
Account Name:
Brian K Peiffer
Service Addre~:
845 Bonnybrook Rd
Billing---- Date:
November 23,2000
Account Number:
~ 1878950-02
Previous Balance ............................................ 55.28
Pa entm, Yo. ................................ . .iiii.. 55.2 %Ca
Balance at Billing Date ......................... . .~'~'~.~.~;, .~...~$ 0.00
Services
Ste~dard .................................................. 18.58
Home Box Office ............................................ 11.60
Showtime/tmc ............................................... 8.65
Basic ..................................................... .iL97
Your Discount ................................................ 2.15 CR
2 Converter Rental 2.50 ........................................ $.00
2 Remote Control .10 ........................................... 0.20
Total Cx~,-r~nt Chang~ ....................................... $ ~3.85
FCC Re~ulatery F~ .......................................... 0.04
Sales Tax ................................................... 1.40
Total Fe~ & Taxes ..........................................
Total Amount Due by 12/11100 ................................. $
lA4
Effective November 30, 2000 Comcast Cable wiJl be mal~ug ~ome chan~el hneup changea. * GAC (Great Americaa
Country) cable channel 40 will be replaced with CIqlT (Country Mt~ic Tsievision).* The f~lhlwing chanaels will b~
deleted from DIGITAL CABLE ONLY - Diacovery Health Cha~nsi (cable channel 105), The History Chamxel (cable
channel 107), Sci-Fi Channel (cable chanazl 109), ltGTV-Home and Garden Television (cable channel 111), and
Bravo (cable channel 130). All of these cable services are currently duplicated in either the basic cable or standard
cable lineup. Theae servlc~s are only being deleted from the digital cable lineup. * There are no rate changes
a~sociated with any of these changes.
November 13, 2000
AcCount Number:. 10 00 30 5554 6 8
Bill for: BRIAN PEIFFER
345 BONNYBROOK RD
ENERGY
CARLISLE PA 17013
Billing Period: Oct 13 to Nov 13, 2000 for 32 days
Next Reading Date: On or about Dec 12 2000
Bill Based On: Actual Meter Reading
Residential Time Of Day
Account Summary
Your previous bill was
'~'81.61
Total payments/adjustmen[s oc~ DD' [( ~ -181.61.~
Balance at billing on November 13, 2000 0.00
Current Basic Charges
GPU Energy - Consumption
Total Due by Dec 05, 2000 - Please pay this amount
Page 1 of 4
M68
Amount Due
0.00
120.09
$120.09
To avoid a 1.5% Late Payment Charge being added to your bill, please pay by the due date.
General Information
Bill issued by:
~--~ GPU Energy ~ Customer Se;vice
PO Box 15'1'52 Emergency/Power Outage
I Read nfl PA 19612-5152 ..... Collections
1-800-545-7741
1-800-545-7738
1-800-962-4848
I I
See other pages for additional information and telephone numbers
Nov 00
Average Daily Use (KWH) 45
Average Daily Temperature 53
Days in Billing Period 32
Last 8 Months Use (KWH) 15,736
Average Monthly Use (KWH) 1,967
ENERGY
Invoice Number: 1230401301 Page 3 of 4
Account Number'. 10 00 30 5554 6 8 M68
Detail Billing Information
Charges from GPU Energy this billing period
~ ~ Whertcontacting an Electdc Generation Supplier, please provide [be following CustomerNumber(s):
0801499563 0002242379 - Residential Time Of Day - ME
~ Call GPU Energy at 1.800-545-7741 with questions on these charges
GPU Energy Basi~= Charges
Customer Chargei 9.73
Generation Charges 1,445 KWH x 0.043530 62.90
Transmission Cha. rges 1,445 KWH x 0.002260 3.21
Distribution Charges 469 ONKWH x 0.063710 29.88
976 OFFKWH x 0.008220 8.02
Total Distribution Charges 37.90 37.90
Transition Charges 469 ONKWH x 0.015170 7.11
976 OFFKWH x -0.000840 -0.82
Total Transition Charges 6.29 6.29
Total GPU Energy Charges $120.09
Meter Reading Infonnation:'~!;,,~' ::-~ '
Meter Number,. Meter Reading Eleatrlcity Used
Nov 13 Oct 13 (Kilowatt Hours)
~, Actual Estimate
G79798276 59041 58512 469 32.5% On Peak
976 67.5% Off Peak
G79798276 . 83301 81856 1,445 100 % Total
Usage Comparison Message
2000 m
1500 ~
1000
,'5OO
.uuu.
0
IA-Actual E-Estimate C-Customer N-No Usage
This is an actual bill. The usage ma)
be higher or lower than usual because
it follows an estimated bill. You are
only paying for the electricity used.
Nov 00
Average Daily Use (KWH) 45
Average Daily Temperature 53
Days in Billing Period 32
Last 8 Months Use (KWH) 15,736
Average Monthl.,v Use (KWH) 1,967
invoice Number: 1230401301 Page 4 of 4
Payments:
Total Payments
Type Date Reference Amount
Payment 11/06/00 -181.61
Generation prices and charges are set by the electric
generation supplier you have chosen. The Public Utility
Commission regulates distribution prices and services.
The Federal Energy Regulatory Commission regulates
transmission prices and services.
-181.61
-$181.61
ENERGY
September 14, 2000 !Account Nur~ber. 10 00 30 5554 6 8
Bill for: BRIAN PEIFFER
345 BONNYBROOK RD
CARLISLE PA 17013
Billing Period: Aug 11 to Sap 14. 2000 for 35 days
Next Reading Date: On or about Oct 11 2000
Bill Based On: Actual Meter Reading
Residential Time Of Day
. ~ :, ,~ ~'%; ~:~" ~,'~ "Account Summary
Your previous bill was 198.36
Total payments/adjustments -198.36
Balance at billing on September 14, 2000 0.00
Current Basic Charges
GPU Energy - Consumption
~otel Due by Oct 05, 2~00- Please pay this amount
To avoid a 1.5% Late Payment Charge being added to your bill, piease pay by the due date.
Page 1 of 4
M68
Amount Due
0.00
224.64
$224.64
' : ' General Information
Bill issued by:
GPU Ener~,/ ~ Customer Service
PO Box 15'1'52 ..... E~m,.ergency/Power Outage
Readin~ PA 19612-5152 uo~ections
1-800-545-7741
1-800-545-7738
1-800-962-4848
I~:-~ ~:~?. ~see other pages for. additional nfonnation and telephone numbers
ENERGY
Invoice Number: 1770308789 Page 3 of 4
Account Numbm: 10 00 30 5554 6 8 M68
Detail Billing Information
Charges from GPU Energy this billing period
When contacting an Electdc Generation Supplier, please provide the following Customer Number(s):
0801499563 0002242379 - Residential Time Of Day - ME
Call GPU Energy at 1-800-545-7741 with questions on these charges
GPU Energy Basic Charges
Customer Charge
Generation Charges
Transmission Charges
Distribution Charges
Total Distribution Charges
Transition Charges
Total Transition Charges
Total GPU Energy Charges
9.73
122.97
6.38
2,825 KWH x 0.043530
2.825 KWH x 0.002260
905 ONKWH x 0.063710 57.66
1,920 OFFKWH x 0.008220 15.78
73.44 73.44
905 ONKWH x 0.015170 13.73
1,920 OFFKWH x -0.000840 -1.61
12.12 12.12
$ 224.64
Meter ReadJl~g Inf,3rmaUon~~' ~...~. =
Meter Number Meter Reading Electricity Used
Sep 14 Aug 11 (Kilowatt Hours)
Actual Actual
G79798276 57848 56943 905 32.0% On Peak
1.920 68.0% Off Peak
G79798276 79597 76772 2,825 100 % Total
u.~age~ Informat on
Usage comparison
3o00
2000 ~
1500 --
1000
N N N N N N N A A A A A
o
A M J J A S
Sep 00
81
72
35
12,032
2,005
A-Actual E-Estimata C-Customer N-No Usage
Average Daily Use (KWH)
Average Daily Temperature
Days in Billing Period
Last 6 Months Use (KWH)
Average Monthty Use (KWH)
:' '::':. Invoice Number: 177('~308789 I 'age 4 of 4
. * ::: :: ~~[; !~; ~,30 ~ 68
Payments:
Total Payments
Type Date Reference Amount
Payment 08/17/00 -'198,36
ustments
-198.36
· !;198.36
Generation prices and charges are set by the electric
generation supplier you have chosen. The Public Utility
Commission regulates distribution prices and services.
The Federal Energy Regulatory Commission re.qulates
transmission prices and services.
V~S~ OOL~) Account: 4616 5706 9900 7183 StstementCIosingD~le: 11/07/2000 DayslnBilllngCycle: 31
10-16 10-16
10-25 10-25
10-31 10-31
11-04 11-04
11-01 11-01
EPIX INTERNET SERVICES DALLAS PA
WIRELESS WORLD CARLISLE PA
BALANCE TRANSFER 4616 5706 9012 2932
PAYMENT - THANK YOU
LATE CHARGES
$62,97
$90,10
$2,727.23
$29,00
$68.00CR
CurrentAmount Due... $71.00
Overlimit Amount .... $25.40
Total Amount Due .... $96.40
Due Date ....... 12/02/2000
New ~aiance ...... $2 ~ 875.4
Total Credit Uno .... $2 ~ 850.00
Available Credit Line... $0.00
Available Cash Line . . .
': ': ' ':~: ! ' :.::,,:..'.i!
$0.00
642959
$20 mail-in rebate
PLUS two FREE gifts
with purchase of
select phones.
Mo~ithl,/ statemel~t: November 13, 2000 I of 7
1-800-829-S009 www.sprint.com 717-249-5128-821
Fasl Facts
(.'
Customer summary
Plevious cha~gus "'[ ; 79.27"
Pavmem October 25 ~-hank .,uu! -79,27 .
Balance .00
Total amount due
Current month charges
Snrint local services: ~)age 3
AT&T: page 6
Total current month charges
$90.93
Carrier selectioes
Local toll American Long LilIeS
Long dista ~ce: American Lon9 _ines
Mo.thl¥ statement: ~qovemL}er 13, 2000 3 of 7
Summary of charges: November 13 - December 12
Adjuslments
Local ~,~.rvic~ f,;r 717-249 5128
Local s[][v~ce,. !o[ 7 ]7 240-2679
L,~cals~.~lv~ct~ ~ol 717 249 (]~22
.00 ,.
29.75
.25 ' '
13.50 '
22.00
.12
19.39
~['otel Sprin~ local services
Detail of charges:
Adjustment: credits
Non published directory listing
Adjustment: charges
Non-pul)lished directoly listing
Splinl Essentials package
L~cal services for 717-249-5128
Ne,n-put:dished directory listiilg
Usa~ased services
Total local selvices [or 717~249 5128
November 13 - December 12
-.03 t
=87
.03 t
3 @ nocherge
3 @ .60
i @ .9~
13.50 t :
13.00
.50 t '
1.80 ~:':: :': '
$20.?§"
t see page 2 for explanation
Mormthly statement: November 13, 2000 4 of 7
1-800-829-8009 www.sprint.com 717-249-512~-821
Local services for 717-240-2679
Local toll callJn§
Direct dial charges .25
Total local services for 717-240-2679 $,25
Direct dial itemized calls
1 Nov I 6:29 P CARLISL£, PA
Total d/reel dial charges
717-243-1122 Day 2.0 .25
Operator assist
$.25
Local services for 717-249-0322
Local phone service 13.50 /'
Total local services for 717-249-0322 $13.50
Installation and repair
Service order charge 22.00 t
Part/s/month service November 10- November 13
'Total installation and repair $22.00
Other charges
PA Telcom relay surcharge .12 t
Total other charges $,12
Taxes end surcharges
Interstate access surcharge 10.50 f
For an explsnation of Ibc interstate access surchsrge
please call 1-800-93~'- 1172
Federal universal service fund ,60 f
For an explanat¢bn o! the federal universal service fund
please call 1-800-938-1 ! 72,
Number portability surcharge .96 t
For an explanation of d~e number portab/llty surcharge
Emergency 911 surcharge 2.§0 t
Federal tax 2.30 t
State tax 2.30 f
Surcharge on basic Focal services .10 t
Surcharge on other services .13
Surcharge on toll services .00
Total taxes and surcharges $19.39
0K002074 010~41 02 t - see page 2 for explanation
L_~ AT&T
AT&T charges
Call 1-800-222-0300 f~)r ~,illil~g i~quiries
Ta×es r4~w 05
Total current char9es
~5.92
AT&T Invoice; Charges Fur P,ar~ocl Emling rdo~ ~)5, ;:0,00
Charges ami cr~ dills
Total charges and credits
Natio~tal Access ContrJb~ion,
LJHive~-sal Col~lecli~ it¥ ( h~i:, ,i ~
Total I~latim~al Access C~r~tributio~ charge:~ S.43
180t) 532202 !.
Detail of ta~es
['ude;al Tax ~
Olher Taxes
I(~
Total tax
[-or VOU[ c(~,lVelliel~ce this section of your bill is provided to
easily idumiiy ar~ cl~ar~ges to your Sprint local service account
since the la:;t billilr9 statemei~t, and to confirm your carrier
selections.
Sulllma~ for 717-249-5128
Summary for 717-249-0322
Confirmation
Customer
Customer
Confirmation
no change
no change
Save Additional $10 on ,';print Solutions Now
Sign up for Spriut Solutions al sprint.corn/local by December
31, 2000, and save an additional $10f Sprint Solutions
combines yo,r local phone service, our best calling features
including Call Waiti~Jg and Caller ID, and 100 minutes of
anytime long dista~ce--all for one flat price each month.
Go to sprhmc~m)/iocal today ;md see what we've put
together for you.
Make Your Phone Work liarder For You.
You'll ~lever roms a*, importam call with '69 Return Call. If
you miss a call jusl dial *69 on your keypad, and your phone
will give yon the i~umber of the person who called and the
Adding a ihi[d pers(;n lo ~our call is easy with '71 Three-
Way Ca ling. When you are talking to the first person, click
the hang-up uulton and tisten for a special dialtone. Dial
· 71 and 5sten for the tone again. Then call the second
person arid click lhe hang-up button again. You are now on
a three-way call.
Make your pitons w<)rk harder for you, Try *69 Return Call
and '71 Three Way CaJlingtoday.
Not available m all a~eas. Reslrictions apply. Pay-per-use
fee will apply and varies by stale. Long-distance toll
charges may aOpiy. Contact Sprint for details.
see page 2 for explanation
Monthly statement: November 13, 2000 7 of 7
1-800-829-8009 www.spr|nt,com 717-249-5128-821
, u : .... ,00 43.53 43.53
,! .~ , .00 47.40 47.40
:, ..... $.00 $90.93 $90.93
Sprint
Box 4000
Carlisle, PA 17013
AMERICAN LONG LINES
P O BOX 449
HORSHAM PA 19044-0449
I,,,111,,,111,,,11,,,I,,,111,,,,I,1,1,,,I,,11,1,,,I,,11,11,,,I
MR BRIAN PEIFFER
PEIFFER
PO BOX 573
BOILING SPRINGS PA 17007-0573
ACCOUNT SUMMARY
ACCOUNT NO.: 717-240-2679
DATE; 31 OCT2000
For Billing Inquiries:
Call: 1-800-922-7730
Write: American Long Lines
P 0 Box 449
Horsham PA 19044-0449
OPENING BALANCE ............................................ $
PA YMENTS APPLIED ...........................................
91.20
91.20CR
CURRENT CHARGES ........................................... $ 21.35
TOTAL AMOUNT DUE ........................................... $ 21.35
THIS AMOUNT IS DUE AND PAYABLE UPON RECEIPT. AMOUNTS PAST DUE 30 DAYS OR MORE MAY BE
SUBJECT TO A LATE PAYMENT FEE.
PAYMENTS NOT RECEIVED BY THE LAST BUSINESS DAY OF THE MONTH WILL BE CREDITED ON THE NEXT
MONTHLY INVOICE.
31 OCT 2000
PEIFFER
A
PAGE 2
ACCOUNT 717-240-2679
001-O1-1OOO
SUMMARY OF CURRENT CHARGES
OUTBOUND DIRECT DIALED AA Intrastate/Intralata
EE Interstate/Interlata
TOTAL USAGE CHARGES
No. Calls
111
6
ll7
Minutes
18o.5
25.7
206.2
Charge
16.38
2.31
18.69
TAXES AND OTHER FEES
Federal Excise Tax
Federal Telecom Relay Svc Surcharge
Federal USF Fee
PA Sales Tax
PA Statutory Gross Receipts
TOTAL TAXES AND OTHER FEES
Amount
18.69
2.31
2.31
18.69
16.38
Rate
3.ooo~
o.o73~
6.5oo~
6.ooo~
5.ooo~
Charge
o .56
O.Ol
0.15
1.12
0.82
2.66
TOTAL CURRENT CHARGES 21.35
OCT 2000
PEIFFER
PAGE 3
ACCOUNT 717-240-2679
001-01-1000
TIME OF USAGE SUMMARY
OUTBOUND DIRECT DIALED D Daytime
E Evening
N Night/Weekend
No. Calls
67
15
Duration
52.5
104.1
49.6
TOTAL OUTBOUND DIRECT DIALED 117 206.2
31 OCT 2OOO
PEIFFER
PAGE ~
ACCOUNT 7]7-240-2679
OO1-O1-1OOO
GROUP SUMMARY
Group No. Calls
AO TRAVEL CARD 1 code 0
AA PEIFFER 1 line 117
Duration DA Charges
O.O O O.OO
206.2 O 18.69
31 OCT 2000
PEIFFER
ACCOUNTING CODE
Code
2588
4215
SUMMARY
PAGE 8
ACCOUNT 717-240-2679
001-01-1000
No. Calls Duration DA Charges
I 0.3 o 0.03
18 126.2 0 11.35
31 OCT 2000
PEIFFER
SUMMARY REPORT BY NUMBER
SERVICE
GROUP
NUMBER
OUTBOUND DIRECT DIALED
AA PEIFFER
717-2~o-2679
TOTAL OUTBOUND DIRECT DIALED
CALLS DA
MINUTES
A
PAGE 1 ]
ACCOUNT 717-240-2679
OOl-O1 -1OOO
~ OF ~
SERV OF
AMOUNT ICE USAGE
117 O 206~2 18.69 1OO.0 100.0
117 O 206.2 18.69 1OO.O 100.O
TOTAL OF ALL SERVICES 117 0 206.2 18.69 100.0 100.0
* EXCLUDING DIRECTORY ASSISTANCE (DA) CALLS
NOTE: TAXES AND SERVICE FEES ARE NOT INCLUDED
100.00 +
68.75 +
169-75 +
323.50 +
193.00 +
991.25 +
237.50 +
100.00 +
IRWIN, MCKNIGHT & HUGHES
WEST POMFRET PROFESSIONAL BLDG
60 WEST POMFRET STREET
CARLISLE PA 17013
Invoice submitted to:
BRIAN K PEIFFER, SR
P. O. BOX 573
BOILING SPRINGS PA 17007
October 15, 2001
Invoice #22300
Professional services
Hrs/Rate Amount
9/18/01 DGM Telephone calls with client
DGM Research Harassment statute for son
9/25/01 DGM Telephone call with Teresa Derr with Army
Retirement Services
For professional services rendered
Previous balance
0.25 31.25
125.00/hr
0.30 37.50
125.00/hr
0.25 31.25
125.00/hr
0.80 ~
$68.75
Balance due $168.75
ACCOUNTS DUE BEYOND THIRTY DAYS ARE CHARGED INTEREST AT THE RATE OF
18% PER ANNUM.
NOW ACCEPTING VISA, MASTERCARD AND DEBIT CARD PAYMENTS.
· pLAINTIFF'S
EXHIBIT
IRWIN, MCKNIGHT & HUGHES
WEST POMFRET PROFESSIONAL BLDG
60 WEST POMFRET STREET
CARLISLE PA 17013
Invoice submitted to:
BRIAN K PEIFFER, SR
P. O. BOX 573
BOILING SPRINGS PA 17007
September 19, 2001
Invoice #22234
Professional services
Hrs/Rate Amount.
8/3/01 DGM
8/13/01 DGM
8/27/01 DGM
Receipt and review of Order of Court; Voicemail
from client; Letter to client
Prepare and file a second Praecipe to List Case for
Trial
Receipt and review of Order of Court; Letter to client
enclosing Order
For professional services rendered
0.30 37.50
125.00/hr
0.25 NO CHARGE
125.00/hr
0.25 31.25
125.00/hr
0.80 ~
Previous balance
$131.25
9/4/01- Payment - Thank you ($131.25)
Balance due $68.75
ACCOUNTS DUE BEYOND THIRTY DAYS ARE CHARGED INTEREST AT THE RATE OF
18% PER ANNUM.
NOW ACCEPTING VISA, MASTERCARD AND DEBIT CARD PAYMENTS.
BRIAN K PEIFFER, SR Page 2
IRWIN, MCKNIGHT & HUGHES
WEST POMFRET PROFESSIONAL BLDG
60 WEST POMFRET STREET
CARLISLE PA 17013
Invoice submitted to:
BRIAN K PEIFFER, SR
345 BONNYBROOK ROAD
CARLISLE PA 17013
January 15, 2001
Invoice #20626
Professional services
Hfs/Rate Amount
11/30/00 DGM
12/1/00 DGM
12/19/00 DGM
12/27/00 DGM
12/29/00 DGM
Initial consultation
Telephone call with Cindy Reyna and client
Telephone call with client
Demand letter to Cindy Reyna
Telephone call with client
For professional services rendered
1.10 NO CHARGE
125.00/hr
0.30 37.50
125.00/hr
0.30 37.50
125.00/hr
0.50 62.50
125.00/hr
0.25 31.25
125.00/hr
2.45 $168.75
Balance due , ~ ......
ACCOUNTS DUE BEYOND THIRTY DAYS ARE CHARGED INTEREST AT THE RATE OF 18%
PER ANNUM.
IRWIN, MCKNIGHT & HUGHES
WEST POMFRET PROFESSIONAL BLDG
60 WEST POMFRET STREET
CARLISLE PA 17013
Invoice submitted to:
BRIAN K PEIFFER, SR
345 BONNYBROOK ROAD
CARLISLE PA 17013
March 13, 200l
Invoice #21102
Professional services
2/1/01 DGM
2/2/01 DGM
2/19/01 DGM
2/23/01 DGM
DGM
DGM
2/28/01 DGM
Telephone calls with client
Telephone call with client
Telephone calls with client
Telephone call with client
Prepare Notice of District Justice Appeal
File Notice of Appeal and enclosure letters prepared
Prepare and file Notice of Service of Appeal/Copy to
client
For professional services rendered
Hrs/Rate ganotmt
0.35 43.75
125.00/hr
0.25 31.25
125.00/hr
0.25 31.25
125.00/hr
0.25 31.25
125.00/hr
0,25 31.25
125,00/hr
0.50 62.50
125.00/hr
0.20 25.00
125.00/hr
2.05 $256.25
BRIAN K PEIFFER, SR
Additional charges:
2/23/01 DGM Filing Cost: DJ Appeal
DGM Certified Mail
Total costs
Qt¥/Price
1
45.25
2
11.00
Page 2
Amount
45.25
22.00
$67.25
Total mount of this bill
Previous balance
$168.75
1/25/01 - Payment - Thank you
2/28/01- Credit -Professional Discount
3/13/01- Payment from Acct - Thank you
($168.75)
($50.00)
($250.00)
Total payments
Balance due
($468.75)
$23.50
ACCOUNTS DUE BEYOND THIRTY DAYS ARE CHARGED INTEREST AT THE RATE OF 18%
PER ANNUM.
Previous balance of Client funds $0.00
1/25/01- Payment to account $250.00
3/13/01- Payment from Acct - Thank you ($250.00)
New balance of Client funds $0.00
IRWIN, MCKNIGHT & HUGHES
WEST POMFRET PROFESSIONAL BLDG
60 WEST POMFRET STREET
CARLISLE PA 17013
Invoice submitted to:
BRIAN K PEIFFER, SR
P. O. BOX 573
BOILING SPRINGS PA 17007
April 13, 2001
Invoice #21313
Professional services
Hfs/Rate Amount
3/6/01 DGM Telephone call with client 0.25 31.25
125.00/hr
3/19/01 DGM Letter to Attorney James Miller re: personal property 0.80 100.00
125.00/hr
3/20/01 DGM Telephone calls with client (2) 0.25 31.25
125.00/hr
3/26/01 DGM Telephone call with client 0.20 25.00
125.00/hr
For professional services rendered 1.50 $187.50
Additional charges:
3/15/01 DGM Westlaw Computerized Legal Research
Total costs
Qt¥/Price
1
5.50
5.50
$5.50
Total amount of this bill
BRIAN K PEIFFER, SR Page 2
Amount
Previous balance $23.$0
Balance due $216.50
ACCOUNTS DUE BEYOND THIRTY DAYS ARE CHARGED INTEREST AT THE RATE OF 18%
PER ANNUM.
NOW ACCEPTING VISA, MASTERCARD AND DEBIT CARD PAYMENTS.
IRWIN, MCKNIGHT & HUGHES
WEST POMFRET PROFESSIONAL BLDG
60 WEST POMFRET STREET
CARLISLE PA 17013
Invoice submitted to:
BRIAN K PEIFFER, SR
P. O. BOX 573
BOILING SPRINGS PA 17007
May23,2001
Invoice #21532
Professional services
4/2/01 DGM
DGM
4/10/01 DGM
DGM
DGM
DGM
4/12/01 DGM
DGM
4/17/01 DGM
DGM
Telephone call with Attorney James Miller
Telephone call with client
Draft Complaint in Replevin
Draft Motion for Issuance of Writ of Seizure
Finalize and file Complaint in Replevin
Enclosure letter to Attorney James Miller
Finalize and file Motion for Writ of Seizure/Telephone
call with client
Letter to Attorney James Miller serving Order of Court
Telephone calls with client (2)
Meeting with client
Hrs/Rate
0.25
125.00/hr
0.25
125.00/hr
0.90
125.00/hr
0.65
125.00/hr
0.50
125.00/hr
0.25
125.00/hr
0.70
125.00/hr
0.30
125.00/hr
0.30
125.00/hr
0.50
125.00/hr
Amount
31.25
31.25
112.50
81.25
62.50
31.25
87.50
37.50
37.50
62.50
BRIAN K ?EIFFER, SR
4/17/01 DGM
DGM
4/19/01 DGM
DGM
4/26/01 DGM
DGM
4/27/01 DGM
Telephone call with Attorney James Miller
Research issue of lis pendens
Prepare for Hearing/Meeting with client
Attend Hearing on Motion for Writ of Seizure
Telephone call with client re: Order of Court
Telephone calls with client and Attorney Miller
Telephone calls with client and Attorney James Miller
For professional services rendered
Additional charges:
4/12/01 DGM Fax Motion for Writ of Seizure and Order of Court
Total costs
Page 2
Hrs/Rate Amount
0.20 25.00
125.00/hr
0.40 50.00
125.00/hr
0.40 50.00
125.00/hr
1.50 187.50
125.00/hr
0.40 50.00
125.00/hr
0.25 NO CHARGE
125.00/hr
0.35 43.75
125.00/hr
8.10 $981.25
Qty/Price
5 10.00
2.00
$10.00
Total amount of this bill
Previous balance
4/23/01- Payment - Thank you
4/30/01- Credit -Professional Discount
Total payments
Balance due
$216.50
($216.50)
($150.00)
($366.50)
$841.25
BRIAN K PEIFFER, SR Page 3
ACCOUNTS DUE BEYOND THIRTY DAYS ARE CHARGED INTEREST AT THE RATE OF 18%
PER ANNUM.
NOW ACCEPTING VISA, MASTERCARD AND DEBIT CARD PAYMENTS.
IR WIN, MCKNIGHT & HUGHES
WEST POMFRET PROFESSIONAL BLDG
60 WEST POMFRET STREET
CARLISLE PA 17013
Invoice submitted to:
BRIAN K PEIFFER, SR
P. O. BOX 573
BOILING SPRINGS PA 17007
June 27, 2001
Invoice #21717
Professional services
5/2/01 DGM
5/8/01 DGM
5/16/01 DGM
DGM
5/21/01 DGM
DGM
DGM
5/30/01 DGM
Telephone call with client
Telephone call with client
Meeting with client
Telephone call with Attorney James Miller
Prepare and file Answer to Defendant's New Matter
Prepare and file Praecipe to List Case for Trial
Letter to Attorney James Miller serving filed documents
Letter to Military Retirement Services re: pension
information
For professional services rendered
Previous balance
Hrs/Rate Amount
0.25 NO CHARGE
125.00/hr
0.20 25.00
125.00/hr
0.25 NO CHARGE
125.00/hr
0.20 25.00
125.00/hr
0.70 87.50
125.00/hr
0.30 37.50
125.00/hr
0.25 31.25
125.00/hr
0.25 31.25
125.00/hr
2.40 ~
$841.25
BRIAN K PEIFFER, SR
6/19/01- Payment - Thank you
Balance due
Page 2
Amount
($841.25)
$237.50
ACCOUNTS DUE BEYOND THIRTY DAYS ARE CHARGED INTEREST AT THE RATE OF 18%
PER ANNUM.
NOW ACCEPTING VISA, MASTERCARD AND DEBIT CARD PAYMENTS.
IRWIN, MCKNIGHT & HUGHES
WEST POMFRET PROFESSIONAL BLDG
60 WEST POMFRET STREET
CARLISLE PA 17013
Invoice submitted to:
BRIAN K PEIFFER, SR
P. O. BOX 573
BOILING SPRINGS PA 17007
July 26, 2001
Invoice #21881
Professional services
6/7/01 DGM
6/19/01 DGM
6/20/01 DGM
DGM
6/27/01 DGM
Telephone calls to the Carlisle Army Base re: military
retirement
Telephone call with client - left message
Telephone call with client
Receipt and review of Petition for Leave to
Withdraw/Copy to client
Letter to client enclosing Attorney Miller's Petition to
Withdraw
For professional services rendered
Previous balance
7/3/01- Payment - Thank you
Balance due
Hrs/Rate Amount
0.25 31.25
125.00/hr
0.10 NO CHARGE
125.00/hr
0.10 NO CHARGE
125.00/hr
0.30 37.50
125.00/hr
0.25 31.25
125.00/hr
1.00 ~
$237.50
($237.50)
$100.00
BRIAN K PEIFFER, SR Page 2
ACCOUNTS DUE BEYOND THIRTY DAYS ARE CHARGED INTEREST AT THE RATE OF 18%
PER ANNUM.
NOW ACCEPTING VISA, MASTERCARD AND DEBIT CARD PAYMENTS.
IRWIN, MCKNIGHT & HUGHES
WEST POMFRET PROFESSIONAL BLDG
60 WEST POMFRET STREET
CARLISLE PA 17013
Invoice submitted to:
BRIAN K PEIFFER, SR
P. O. BOX 573
BOILING SPRINGS PA 17007
August 24, 2001
Invoice #22018
Professional services
7/6/01 DGM
DGM
DGM
7/17/01 DGM
Telephone call with cliem
Draf~ and prepare Objections to Petition to Withdraw
Finalize and file Objections/Enclosure letter to
Attorney James Miller
Telephone call with client/Letter to Judge Oler re:
hearing
For professional services rendered
Previous balance
8/15/01- Payment - Thank you
Balance due
Hrs/Rate Amount
0.25 NO CHARGE
125.00/hr
0.40 50.00
125.00/hr
0.30 37.50
125.00/hr
0.35 43.75
125.00/hr
1.30 ~
$100.00
($100.00)
$131.25
BRIAN K PEIFFER, SR Page 2
ACCOUNTS DUE BEYOND THIRTY DAYS ARE CHARGED INTEREST AT THE RATE OF 18%
PER ANNUM.
NOW ACCEPTING VISA, MASTERCARD AND DEBIT CARD PAYMENTS.
BRIAN K. PEIFFER, SR.,
Plaimiff
CINDY M. REYNA,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-3578 CIVIL TERM
ORDER OF COURT
AND NOW, this 17th day of August, 2001, a pretrial conference in the above
matter is scheduled for Monday, October 8, 2001, at 11:15 a.m., in chambers of the
undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial
memoranda shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least
five days prior to the pretrial conference.
A NONJURY TRIAL in the above matter is scheduled for Friday, October 26,
2001, at 1:30 p.m., in Courtroom No.
Pennsylvania.
Douglas G. Miller, Esq.
60 West Pomfret Street
Carlisle, PA 17013
Attorney for Plaintiff
Cindy M. Reyna
827 Church Street
Lebanon, PA 17046
Defendant, Pro Se
1, Cumberland County Courthouse, Carlisle,
BY THE COURT,
:rc
BRIAN K. PEIFFER, SR.,
Plaintiff
V. :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
C1NDY M. REYNA,
Defendant
NO. 01-1094 CIVIL TERM
AMENDED ORDER OF COURT
AND NOW, this 2na day of October, 2001, a pretrial conference in the above
matter is scheduled for Monday, October 8, 2001, at 11:15 a.m., in chambers of the
undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial
memoranda shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least
five days prior to the pretrial conference.
A NONJURY TRIAL in the above matter is scheduled for Friday, October 26,
2001, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle,
Pennsylvania.
THIS ORDER OF COURT amends a previous order in this matter filed on August
17, 2001, with an incorrect caption of No. 96-3578 Civil Term.
Douglas G. Miller, Esq.
60 West Pomfret Street
Carlisle, PA 17013
Attorney for Plaintiff
Cindy M. Reyna
827 Church Street
Lebanon, PA 17046
Defendant, Pro Se
BY THE COURT,
J./~Vesley Oler~ J.[,'/' '
/AW OFFICES OF' ,lAMES A. MILLER
Date
03/09/2001
03/28/2001
04/02/2001
04/0312001
04/10/2001
04/12/2001
04/13/2001
04/16/2001
04/18/2001
1 ?J29/2000
03/01/2001
ATTORNEY FEES
Cindy Reyna 2001-0005 Gen.
Description of Services PerfOrmed Time Amount
Prior Account Balance 5.6 $700.00
Current Bill
Telephone from client re: status; letter to Atty. Miller re: 0.2 $25.00
status
Review Atty. Miller's 3/19 letter & itemized list; letter to 0.2 $25.00
client re: same
Telephone from Atty. Miller re: property list & settling 0.2 $25.00
Telephone with client re: list 0.1 $12.50
Telephone from client re: list 0.1 $12.50
Review Replevin complaint & Motion for Writ of Seizure 0,5 $62.50
Telephone with client re: motion/hearing 0.2 $25.00
Meet with client re: Replevin action 0.1 $12.50
Review emails from Peiffer to client; prepare, review & 6 $750.00
revise preliminary objections to complaint, answer to
motion for writ of seizure & answer to complaint
Total Current Bill
Amount(s) Received:
No Charge for initial meeting
Escrow transfer
Total Amount Due Upon Receipt:
Thank you for your recent payment(s).
13.2 $1,650.00
($12s.oo)
($463.00)
$1,062.00
Brian K. Peiffer, Sr.
Plaintiff
Cindy M~ Reyna,
Defendant
In the Cout~ of Common Pleas
Cumberland County, Pennsylvania
No: 2001-1094
Civil Action ~ Law
DEFENDANT'S, Cindy M. Reyna's,
PRELIMINARY OBJECTION PURSUANT TO Pa.R.C.P. 1509
TO PLAINTIFF'S COMPLAINT and MOTION FOR WRIT OF SEIZURF~~
Pursuant to Pennsylvania Rule of Civil Procedure 1509, Defendant, Cindy M.
Reyna, by her counsel, James A. Miller, Esquire, enters preliminary objection tO thel
complaint filed on April 10, 2001, to the above term and number, and Plaintiff'sJVlofion:x:
for Issuance of Writ of Seizures the nature of which are as follows:
1. Plaintiff filed on November 21, 2000, a Civil Complaint to docket number
CV-272-00, before Honorable Susan K. Day, 229 Mill Street, Mt. Holly Springs, PA,
17065, Mag. Dist. No.: 09-3-03.
2. A Copy of said complaint is attached hereto as Exhibit A.
3. On February 1, 2001, Judgment was entered in Defendant's favor and against
Plaintiff.
4. A copy of said judgment is attached hereto as Exhibit B.
5. Plaintiff timely filed his Notice of Appeal to said Judgment.
6. A copy of said Notice is attached hereto as Exhibit C.
7. Plaintiff failed to file his complaint within twenty (20) days from the date of his
Nc~tice of Appeal as required.
8. In PlaintiWs civil complaint before the District Justice, he raised the Maltese dog,
that which is subject of this proceeding (see attached Exhibit A).
9. The issue raised in PlaintiWs subject complaint pending before your Honorable
Court relative to the dog has been tried and judgment rendered thereon.
10. Plaintiff failed to preserve his appeal and therefore all rights arising therein have
been waived.
11. Therefore, Plaintiff' s present claim pending before your Honorable Court is barred
by the Doctrine of Res ~ludicata.
WHEREFORE, Defendant respectfully requests that your Honorable Court
dismiss with prejudice Count I of Plaintiff's complaint and award Defendant all costs and
fees incurred in defending such action.
Respectfully submitted,
James AfitMiller, Esquire
2010~arket Street
~.C,,~p Hill, PA 17011
(717) 737-6400
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-3~03
SUSAN K. DAY
~'"":.229. MILL STREET, BOX 167
MT. HOLLY SPRINGS, PA
17065
CIVIL COMPLAINT
PLAINTIFF: N,~E and AOORES$
r-Brian K. l~e±[fer Sr.
345 Bonnybrook Rd.
Carlisle, PA 17013
VS.
DE~ENDANT: NA~E and ^O~RESS
¢- Cindy M. Reyna
2550 Interstate Dr.
Harrisburg, PA .L7!96
[_ I ?//0
.3
IDocket No.: CV-272-00
t AMOUNT DA'rE PAID
FtLtNG COSTS $;! 91~00 / /
SERVING COSTS $ 1~0 / ~
TO THE DEFENDANT: Th9 above named p~aintiff(s) ssks judgment against you ~or $ 8000.00 together with
costs upon the lotlowing claim (Civil fines mus~ include citation o~ the statute or ordinance
viol~led): PLAINTIFF STATES:
"CINDY WAS A ~R TN GIRLFRIEND .UNTIL 25 OCTOBER 2000 WHEN SHE WAS ESCOURTED
FROM MY HOME BY 2 ~~ SUE I~AILED TO PAY HER PORTION OF THE OCTOBER BILLS
TOTALLING $1,890.57. IN AD~ITION SHE H~ ME BUY A $10,900.00 SWIPING POOL FOR NER
AND HER DAUGHTERS TO ENJOY..I ~ REQUESTING ~OF THE $10,900.00 COSTS OF THE POOL
WHICH EQUALS $6,540.00. THE TOTAL IS $8,430.57. I ~ SEEKINO $8,000.00 TOTAL. I
ALSO REQUEST THAT SHE RETURN b~ AKC REGISTERED ~LTESE DOG N~ED CUOLE TO ME. COST
OF TIlE DOG WAS $385.00." ~' ,~
l, BRIAN K. PEIF~ER SR. Ved{y that the facts set
correct to the best of my knowledge, }nlormation, and belief. This statement is mad~t
:his complaint are true and
.,/ the penalties of
orilieJ)
~or Aulhorlzed ~ger, t)
Attorney: Address:
Telephone:
IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDiATELY.AT THE ABO¥
TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU D(
JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT.
If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend
to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before
the date set for the hearing. If you ~o ~ot within district justice
jurisdiction, you may request inlor b,.l '~'°l""~"/'~ ; you may follow. If you
above.are dlsabled and require assist, f,¥.g. ~ [ ~"' '4 rlct office at the address
AOPC 308A-98
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: COMBEd. LAND
Mag. Dist. N~.:
09-3-03
DJ Name: Non.
SUSAN K. DAY
~"": 229 MILL STREET, BOX 167
MT. HOLLY SPRINGS, PA
(717) 486-7672 17065
ATTORNEY DEF PRIVATE :
JAMES A. MILLER, ESQ.
2010 MARKET ST.
CAMP HILL, PA 17011
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
~PEIFFE~[, SR. , BRIAN K.
345 BONNYBROOK PI).
CARLISLE, PA 17013
VS.
DEFENDANT; NAME and ADDRESS
P.O. BOX 117
LEBANON, PA 17046
Docket No.: CV-0000272- 00
Date F ed: 11/21/00
THIS IS TO NOTIFY YOU THAT:
Judgment:
[~ Judgment was entered for: (Name)
~ Judgment was entered against: (Name)
in the amount of $
(Date of Judgment)
~/nl/Ol
1-'~ Defendants are jointly and severally liable.
~ Damages will be assessed on:
[--~ This case dismissed without prejudice.
~-'] Amount of Judgment Subject to
Attachment/Act 5 of 1996 $_
~-~ Levy is stayed for days or [] generally stayed.
"--[Objection to has been will be held:
levy
filed
and
hearing
Date: Place:
(Date & Time)
Amount of Judgment $ .00
Judgment Costs $ .00
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ .00
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
$
$
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS,/N~E OF JUDG~M~.~?~/~ANSC~t~]:~T FORM WITH YOUR NOTICE OF APPEAL
C;:'~- /- O/ Date ,,/..~...~ ~_J _~,~ / '"'.~ , District Justice
I certify that this is a true ~'nd correct cody of the r.~'.n~,~ ~,~ *h~ ...... -~, ...... ~ining the judgment.
, District Oustlce
My commission expires first Monday c ~-',/~ ~'c(l'~-J'" ~ SEAL
AOPC 315-99
~,l ~, , .)' . · ., · ~.. vT,/-',~.- ,. A . ,,~ ?~, . ,
~ ....... ~ ~.' ~--:.. ~- ~-:: ~ :~ ,. -- .... ~'~ ~...~',: _, ~,~ ..~-,-~.' ._,. ~:.~.~_~ ,_~ ,' ',,?.
~:~(l~L~w,~n ~s ~.~'.o .s.'.a, 'e(: '~:e, P~ RC~ If,~:y~':;J'? ~;,~'~L~i~;f/,';?;'~;(~;.~';~';~.i~,'~) ';,'),~ '
~ ~ · ~7 .~ ......... ' ....... ~ ........ ~[ ;9 ~l~. ~'~.~,!~ ..... ~'~. ·
~ ~"* ~ ' '8' g~ ...... ~'"~'~" ' ~ '}'~ ,.~.. ~
~ ~."...'~, ~e .... ..,: ,. . :.~,~.',~..',;,. ~ '~ ..~.:~[~.~.~ ,' ~ ~. ~ ~ ~.~
-~,. ~' .... ~- ~.,~ .... ~,--~- ~ '~ 2. ~ ~ .~ .',_ '~':~ ' .:'.'~_ . " '~. ". "~ '~'
1~'~..~'~ :, PRAECIPE,TO.ENTER RULE TO FILE.COMPLAINT AND.RULE TO'FILE'"
~ (6. ,'~ ~ r.~ . . . ~ ,,1~ (-'' . :- ~..,~.?~, ,,~,,~,~.~..~ ~ , .~ ~.. ~,. ~ ~,?
~TnPm ~)~r~ .: :t. . '. ...' ..~' ':..':[.~..~.. · . - . . ~:~ '
~ ,e.- ~-.-' . ' '. .,. ?,%q .... ?.. *~;~,~' ~';~;. .~ '.. ~l..'~, ,~ .,'~.
e~4llXX' - ....................... ~f~ 'qb S ~ ~ ~1 r~,~,~..,. ....,.~ ~)~.~. ,
) . u,v. ..~.,.~ ,' ~$_; . ~...IZ,./~'..' . , . ,, .,., .
' ... ' * ....... M'"'~ '20' ( ~ n' ~. .... ~,, ,e ( ' u~ ~ s..,i~-, i,..... ,')~ .~'-...-~;~ .' nl ..~.. ~ .~ '
, :~.~.,~ ~. ~. , .~, ~ ,~ ~?~,,.~ .,, . :~, .. .'
..... ~ ~ , ~' ....
" ~ ' ' =(C ~ '.' , . ''
· -... , ',".,,.~ ~ . . . .:. ~. . %').,. ,'~ ,,. ."' j. ~: ....... . :?> ... 'r..,...,
..... ·.,... ......
· ". ' ~. ~ 't.,~ ' .'~. w .. ~' ~ ~. ~,..' , '.,.~.~:
_ ,. . . .., .,..~, ~. .. ,.. . ,'.,,
:2~l ~ cu ~,flm~ ~aml ~.tl,~s t~.s :,:~w, q JUD~NT C~ ~ r~S WILL BE ENTER[D
Brian K. Peiffer, Sr. :
Plaintiff
In the Court of Common Pleas
Cumberland County, Pennsylvania
v. No: 2001-1094
Cindy M. Reyna,
Defendant
Civil Action - Law
Certificate of Service
I, James A. Miller, hereby certify that I have forwarded to the person(s) on the
date and in the manner indicated below a copy of the preceding document.
Date: Thursday, April 19, 2001
HAND DELIVER
CUMBERLAND COUNTY COURTHOUSE
Douglas G. Miller, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
James A.~i , Esquire
~_.20-1-0'Iglarket Street
Camp Hill, PA 17011
(717) 737-6400
Brian K. Peiffer, Sr.
Plaintiff
Cindy M. Reyna,
Defendant
In the Court of Common Pleas
Cumberland County, Pennsylvania
No: 2001-1094
Civil Action - Law
DEFENDANT'S, Cindy M. Reyna's,
PRELIMINARY OBJECTION PURSUANT TO Pa.R.C.P. 1509
TO PLAINTIFF'S COMPLAINT and MOTION FOR WRIT OF SEIZURE
Pursuant to Pennsylvania Rule of Civil Procedure 1509, Defendant, Cindy M.
Reyna, by her counsel, James A. Miller, Esquire, enters preliminary objection to the
complaint filed on April 10, 2001, to the above term and number, and Plaintiff's Motion
for Issuance of Writ of Seizure, the nature of which are as follows:
1. Plaintiff filed on November 21, 2000, a Civil Complaint to docket number
CV-272-00, before Honorable Susan K. Day, 229 Mill Street, Mt. Holly Springs, PA,
17065, Mag. Dist. No.: 09-3-03.
2. A Copy of said complaint is attached hereto as Exhibit A.
3. On February 1, 2001, Judgment was entered in Defendant's favor and against
Plaintiff
4. A copy of said judgment is attached hereto as Exhibit B.
5. Plaintifftimely filed his Notice of Appeal to said Judgment.
6. A copy of said Notice is attached hereto as Exhibit C.
7. Plaintiff failed to file his complaint within twenty (20) days from the date of his
Notice of Appeal as required.
8. In Plaintiff's civil complaint before the District Justice, he raised the Maltese dog,
that which is subject of this proceeding (see attached Exhibit A).
9. The issue raised in Plaintiff's subject complaint pending before your Honorable
Court relative to the dog has been tried and judgment rendered thereon.
10. Plaintiff failed to preserve his appeal and therefore all rights arising therein have
been waived.
11. Therefore, Plaintiff's present claim pending before your Honorable Court is barred
by the Doctrine of Res Judicata.
WHEREFORE, Defendant respectfully requests that your Honorable Court
dismiss with prejudice Count I of PlaintiWs complaint and award Defendant all costs and
fees incurred in defending such action.
Respectfully submitted,
James ))/Miller, Esquire
2010~larket Street
f_,a~p Hill, PA 17011
(717) 737-6400
COMMONWEALTH'OF PENNSYLVANIA CIVIL COMPLAINT
COUNTY OF: CUMBERLAND
--'~'~..:,e mst No.: PLAINTIFF: NAME andADORESS
09'3'03 CBrian R. Petffer Sr.
DJName: Hon. 345 Bonnybrook Rd.
SUSAN K, DAY ~arlisle, PA 17013
~ddr"":.229. MILL STREET, BOX 167 /
MT. HOLLY SPRINGS, PA VS.
1 7 0 6 5 DEI~ENDANT: NAME and ADDRESS
T,,op,~ono~ (7 17 ) 4 8 6 - 7 67 2 F
Cindy M. Reyna
2550 Interstate Dr.
fQ ?~CjI' ~-~/~"'~'~'~ Harrisburg, PA .L7-~Q6
L /
Docket No.: CV-272-00
Date F ed: ll-21-O0
'~ ~! )UNT
FILIIgG COSTS ~! . ~0
SERVING COSTS $ 17 S0
TOTAL $ '~8. ~6'----
CATE PAIC
/ /
].1/ 21/ O0
_J
J
TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ 8000.00 together with
cos s upon the loliowing claim (Civil fines must include citation of the statute or ordinance
violated): PLAINTIFF STATES:
"CINDY WAS A [~[VE IN GIRLFRIEND UNTIL 25 OCTOBER 2000 WHEN SHE WAS ESCOURTED
MY HOME BY 2 ~ TROOPE~S~ SUE FAILED TO PAY HER PORTION OF THE OCTOBER BILLS
FROM
TOTALLING $1,890.57. IN ADDITION SHE HAD ME BUY A $10,900.00 SWIMMING POOL FOR HER
AND HER DAUGHTERS TO ENJOY..I AM REQUESTING ~60~OF THE $10,900.00 COSTS OF THE POOL
WHICII EQUALS $6,540.00. THE TOTAL IS $8,430.57. I AM SEEKING $8,000.00 TOTAL. I
ALSO REQUEST THAT SItE RETURN MY AKC REGISTERED MALTESE DOG NAMED CHOLE TO ME. COST
OF TIlE DOG WAS $385.00."
l, BRIAN K. ~I~g~ SR. verify that the facts set forth
correct to lhe best of my knowledge, information, and belief. This statement is made$~
Section 4904 of lhe Crimes Code (18 PA. C.S. ~ 4904) related~~
~his complaint are true and
~ctt~ the penalties of
Plainlilrs
Atlomey: Address:
Telephone
IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE iMMEDIATELY AT THE ABOVE
TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO,
JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT.
If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend
to assert at the hearing, you must file it on a complainl form at Ihis office at least five (5) days before
lhe date set for the hearing. If you b d9j'~'''''c} ~-~./'J" lot within district justice
jurisdiction, you may request infor , you may follow. If you
are disabled and require assist~ ~ rict office at the address
AOPC 308A-98
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUM~ERLAN~
Mag, Dist. NO.:
09-3-03
DJ Name: Non,
SUSAN K, DAY
^~d~e~,: 229 MILL STREET, BOX 167
MT. HOLLY SPRINGS, PA
Telephone: (717) 486' 7672 17065
ATTORNEY DEF PRIVATE
JAMES A. MILLER, ESQ.
2010 MARKET ST.
CAMP HILL, PA 1701!
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF; NAME and ADDRESS
CPEIFFER, SI[., BRIAN K. -~
345 BONNYBROOK RD.
CARLISLE, PA 17013
VS.
DEFENDANT: NAME and ADDRESS
~REYNA, CINDY M. -~
P.O. BOX 117
LEBANON, PA 17046
0ocket No.: CV-0000272-00
0ate Filed: 11/21/00
THIS IS TO NOTIFY YOU THAT:
Judgment:
~-~ Judgment was entered for: (Name)
[]Judgment was entered against: (Name)
FOR DEFENDANT
in the amount of $ . ~30 on:
[] Defendants are jointly and severally liable,
] Damages will be assessed on:
~-~ This case dismissed without prejudice.
[~ Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
[] Levy is stayed for days or ~ generally stayed.
[~ Objection to levy has been flied and hearing will be held:
(Date of Judgment)
2/rtl/n1
(Date & Time)
Amount of Judgment $ .00
Judgment Costs $ .00
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ o 00
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
$
$
Date: Place:
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT I~Y FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS y~J~E OF JUDGMENT~ANSC~T FORM WITH YOUR NOTICE OF APPEAL.
^ ///
.'"~- / -~)./ Date ,/'"/~'"'J~J ~---'(.~ -./' / ~ , District Justice
cert fY that th s is a true '~nd co~rrect~opv of the rann~ n`~'hl ............. ,,ning tho judgment
Date , District Justice
My commission expires first Monday c ~6-"~'7t2'~( ~ ~ SEAL
AOPC 315-99
COMMONWEALTH OF pENNSYLVANIA
JUDICIAL DISTRICT
· :
DISTRICT JUSTICE JUDGMENT
.. ,. ~.. ~ .,~.,.~,f,~. ~ ,~:', ~....,.~
.............. (7! fO, I~'l, .i~'~, ~, .,,~. -.,~-.
~; ~ ~, NOTICE OF APPEAL
, ~ . . ~ - .. ~ ~.~.~, ,~ :,¥',~,-.'~,1~ ~,..
~ , ~hce ,s ~g~ t~t the o~el~n~ ~s fded m ~he o~e Cour~ of Com~n Pleas an a~oH f~ the i~g~}~e~d ~' the,~str~t ~st~e'~'t~
:.
'
~. ,~is ~k ~11 ~ ~d ONLY ~ this ~fi~ is required u~ P~ R~d P. ~ ', It ~llnnf~':~Al~M~l~'~'l
~s ~t~e of A~o wh~ ~e~ ~ t~ Dstrct Justce w ~em~ as a ( ] ~ PIS~tfc , ~MUS~
~PERSEDEAS ~ ~ ju~m~t ~ possess ~ n th s cas~ ~,t~ ~ ~_
.... filing ,~ NO~OE~Of
~ -: PRAECIPE~TO ENTER RI
(THis s~t~ ~ f~' to ~ ~ ONLY w~
oh~o~e~of ~1~ ~ ~ u
Enter rul~ upo~
(Common Pleas Nc~
RULE.' To
) within twen~t
Name of al~oellee~s)
(1) Yodlare qohfi~ thc~t:a ru~irls hereby entei'ed iJporl
service of this ~ule upon you by personal ~vice or by certified or registerec~'rnail.
(2) ff you do not file a complaint within this tirre, a JUDGMENT OFNON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service '**as by mail is the date of mailing.
Date: , 19
..... v DC ;)DKyI~E~ ON'APPELLEE
Brian K. Peiffer, Sr.
Plaintiff
Cindy M. Reyna,
Defendant
In the Court of Common Pleas
Cumberland County, Pennsylvania
No: 2001-1094
Civil Action - Law
Certificate of Service
I, James A, Miller, hereby certify that I have forwarded to the person(s) on the
date and in the manner indicated below a copy of the preceding document.
Date: Thursday, April 19, 2001
HAND DELIVER
CUMBERLAND COUNTY COURTHOUSE
Douglas G. Miller, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013
JamesJames A~ {'/( /~'('~s ~/s
~i , Esquire
~J~tO'I~larket Street
Camp Hill, PA 17011
(717) 737-6400
BRIAN K. PEIFFER, SR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CINDY M. REYNA,
Defendant
pursuant
CIVIL ACTION - LAW
No. 01-1094 CIVIL TERM
ORDER OF COURT
AND NOW, this 19th day of April,
to an agreement reached in open court
2001,
between and
in this
among the parties and their respective counsel
case, it is ordered and directed as follows:
1. The Defendant, Cindy Reyna, shall
retrieve her personal property from Mr. Peiffer's residence
on April 29th, between the hours of noon and 7:00 p.m.
2. The property to be returned to Ms. Reyna
is that property which is identified in Defendant's Answer
to Complaint and Claim for Equitable Relief Pursuant to Pa.
R.C.P. 1079, Defendant's Exhibit C, Mr. Douglas Miller's
March 19th letter, beginning with itemized property list
subsection A, Cindy Reyna's property left in Mr. Peiffer's
possession. The parties agree to cooperate with items such
as towels, dishes, and other property of that nature.
3. The Defendant is required to be
accompanied by a constable on April 29, 2001, the expenses
of which shall be paid entirely by the Defendant.
Douglas G. Miller, Esquire
For the Plaintiff
James A. Miller, Esquire
For the Defendant
wcy
By the Court,
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one) ( ) for JURY trial at the next term of civil court.
( Z ) for trial without a jury.
CAPTION OF CASE
(entire caption must be stated in full)
BRIAN K. PEIFFER, SR.,
(Plaintiff)
VS,
CINDY M. REYNA,
VS.
(Defendant)
(check one)
( ) Assumpsit
( ) Trespass
( ) Trespass (Motor Vehicle)
(X) SPECIFIC PIglWORMANCF.
(other)
The trial list will be called on Jl~ 1~
and
Trials commence on J-l~¥ 9
Pretrials will be held on JgNg 20
(Briefs are due 5 days before pretrials.)
(The party listing this case for trial shall provide
forthwith a copy of the praecipe to all counsel,
pursuant to local Rule 214-1.)
No. 109/, Civil ~ ._2..0_01
Indicate the attorney who will try case for the party who files this praecipe:
I~II~I.AR G. NTLT.EI{. ESOUIKE. 60 WEST POMFKET S~,EET, CARLISLE, PA 17013
Indicate trial counsel for other parties if known:
J~MES A. MILLER, ESQUIRE, 2010 MARKET S~IIEET, CAHP HILL, PA 17011
This case is ready for trial.
Date: PAY 21, 2001
Attorney for: PLAI~NTIFF
BRIAN K. PEIFFER, SR.,
Plaintiff,
CINDY M. REYNA,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001 - 1094 CIVIL TERM
..
CIVIL ACTION - LAW
PLAINTIFF'S ANSWER TO DEFENDANT'S
NEW MATTER
AND NOW, this 21 st day of May, 2001, comes the Plaintiff, BRIAN K. PEIFFER, SR.,
by and through his attorneys, Irwin, McKnight & Hughes, and makes the following Answer to
the New Matter filed by Defendant, CINDY M. REYNA, averring as follows:
35.
The averments of fact contained in Plaintiff's Complaint are hereby incorporated by
reference and made a part of this Answer to Defendant's New Matter.
36.
The averments of fact contained in paragraph thirty-six (36) are admitted in part and
denied in part. It is admitted that Defendant requested various items to be turned over to her. The
remaining averments are specifically denied and strict proof thereof is demanded at trial. By way
of further answer, pursuant to an agreement by the parties Defendant has already removed
numerous items of her personal property. Plaintiff has had to incur additional expense to remove
Defendant's personal property that she refused to remove from Plaintiff's property.
37.
The letter referenced by Defendant in paragraph thirty-seven (37) speaks for itself and
therefore no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial.
38.
The averments of fact contained in paragraph thirty-eight (38) are conclusions of law to
which no response is required. To the extent that a response is required, the averments are
specifically denied and strict proof thereof is demanded at trial.
WHEREFORE, Plaintiff.. Brian K. Peiffer, Sr., respectfully requests that this Court deny
Defendant's request for equitable relief and award Plaintiffthe relief requested in his Complaint.
Date: May 21, 2001
Respectfully Submitted,
IRWiN, McKNIGHT & HUGHES
Douglas ~. Miller, Esquire
Supreme Court I.D. No. 83776
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for Plaintiff,
Brian K. Peiffer, Sr,
2
BRIAN K. PEIFFER, SR.,
Plaintiff,
CINDY M. REYNA,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
NO. 2001 - 1094 CIVIL TERM
:
CIVIL ACTION ~ LAW
:
CERTIFICATE OF SERVICE
1, Douglas G. Miller, Esquire, do hereby certify that I have served a tree and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
James A. Miller, Esquire
2010 Market Street
Camp Hill, PA 17011
(Attorney for Defendant)
Date: May 21, 2001
IRWIN, McKNIGHT & HUGHES
Douglas 0l. Miller, Esquire
Supreme Court I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Plaintiff;
Brian K. Peiffer, Sr.
Brian K. Peiffer, Sr., In the Court of Common Pleas
Plaintiff Cumberland County, Pennsylvania
Cindy M. Reyna,
Defendant
No.: 2001-I094 Civil Term
Civil Action - Law
In Divorce
PETITION FOR I,EAVE TO WITHDRAW AS COUNSEl,
NOW COMES, Petitioner, James A. Miller, Esquire, and respectfully requests
that your Honorable Court permit him to withdraw his appearance as counsel of record for
Defendant, Cindy M. Reyna, and for reasons therefore states as follows:
1. Petitioner is James A. Miller, Esquire, an attorney licensed to practice law in the
Commonwealth of Pennsylvania with an address of 2010 Market Street, Camp Hill, PA
17011.
2. Respondent is Cindy M. Reyna, Defendant in the above captioned matter with a
mailing address of 827 Church Street, Lebanon, PA 17046.
In or about the early part of January, 2001, Petitioner undertook representation of
Respondent in her various matters against the above named Plaintiff
4. As of April 30, 2001, Respondent's outstanding account balance with Petitioner
was $1530.75.
5. Petitioner has not billed Respondent for any additional time beyond April 30, 2001,
even though time was spent on her case.
6. On June 16, 2001, Petitioner spoke with Respondent by phone and Respondent
was still unable to bring her account current and further had no realistic time frame for
bringing her account current.
7. When Petitioner last spoke to Respondent prior to June 16th, Respondent
promised to mail Petitioner a check in the amount of $200.00. Respondent never sent the
check.
8. Plaintiff in this matter has filed a Praecipe listing this matter for trial.
9. Petitioner's practice is unable to sustain receivables to this extent particularly when
Petitioner has no faith in Respondent's ability to forward a payment as evidenced by her
prior representation to Petitioner.
10. The additional time required by Petitioner for briefs and trial work in this matter
are unduly burdensome upon Petitioner and his practice.
l 1. Petitioner prays that your Honorable Court will immediately grant the relief
requested and for reasons states including, but not limited to:
a. Respondent has been placed on notice that Petitioner cannot
represent Respondent any longer; mad,
b. any further representation by Petitioner will compromise other
areas of Petitioner's practice.
12. Respondent has been advised of the filing of this petition and has been told your
Honorable Court will make a decision at some point.
13. Petitioner told Respondent that Plaintiff in this matter is seeking to move forward
with a hearing as to the substance of his claim.
W1]EREFORE, Petitioner respectfully requests that your Honorable Court
withdraw Petitioner's appearance from the docket as attorney of record for C~ndy M.
Reyna.
Respectfully submitted,
Brian K. Peiffer, Sr., In the Court of Common Pleas
Plaintiff Cumberland County, Pennsylvania
Cindy M. Reyna,
Defendant
No.: 2001-1094 Civil Term
Civil Action - Law
In Divorce
VERIFICATION
I verify that the statements made in the attached complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
Date:
James A. M, fl er
Brian K. Peiffer, Sr.,
Plaintiff
Cindy M. Reyna,
Defendant
In the Court of Common Pleas
Cumberland County, Pennsylvania
No.: 2001-1094 Civil Term
Civil Action - Law
In Divorce
CERTIFICATE OF SERVICE
I, James A. Miller, Esquire, hereby certify that I have forwarded a copy of the
foregoing Petition to Withdraw to the person(s) and in the manner and on the date so
indicated below.
Sate: (~ - ! O '- 0 (
United States First Class Mail
Douglas G. Miller, Esquire
Attorney for Plaintiff
Irwin, McKnight & Hughes
60 West Pomfi-et Street
Carlisle, PA 17013
United States First Class Mail
RESPONDENT
Cindy M Reyna
827 Church Street
Lebanon, PA 17046
James A. re
2010 Mar~t Street
Ca~tM~IilI, PA 17011
~.~qTI 7) 737-6400
BRIAN K. PEIFFER, SR.,:
Plaintiff :
V.
CINDY M. REYNA,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-1094 CIVIL TERM
ORDER OF COURT
AND NOW, this 26t~ day of June, 2001, upon consideration of James A. Miller,
Esq.'s Petition for Leave To Withdraw as Counsel, a Rule is hereby issued upon Plaintiff
m~d Defendam to show cause why the relief requested should not be granted.
RULE RETURNABLE within 10 days of service.
James A. Miller, Esq.
2010 Market Street
Camp Hill, PA 17011
Petitioner
Douglas G. Miller, Esq.
60 West Pomfret Street
Carlisle, PA 17013
Attorney for Plaintiff
Cindy M. Reyna
827 Church Street
Lebanon, PA 17046
Defendant
BY THE COURT,
:rc
BRIAN IC PEIFFER, SR.,
Plaintiff,
V.
CINDY M. REYNA,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
CIVIL ACTION - LAW
NO. 01-1094 CIVIL TERM
OBJECTIONS OF PLAINTIFF BRIAN K. PEIFFER, SR.
TO ATTORNEY JAMES A. MILLER'S
PETITION FOR' LEAVE TO WITHDRAW AS COUNSEL
AND NOW, this ~0~day of July, 2001, comes the Plaintiff, BRIAN K. PEIFFER, SR.,
by and through his attorneys, Irwin, McKnight and Hughes, and makes the following Objections
to Attorney James A. Miller's Petition for Leave to Withdraw, and in support thereof avers the
following:
1.
2.
3.
On or about May 21,2001, Plaintiff filed a Praecipe to list this case for trial.
This Court has not yet scheduled a date for trial.
Allowing Attorney James Miller to withdraw as counsel will result in more cost
and delay in litigation, which will unduly prejudice the Plaintiff, Brian K. Peiffer.
Upon information and belief, Defendant may move from the jurisdiction and not
obtain new counsel, which will further delay Plaintiff's claims from being
addressed.
Plaintiff has proposed offers to settle with the Defendant, but no answers have
been received by Plaintiff from the Defendant.
Under Hemandez v. Janort, 205 A.2d 867 (1965), if prejudice will result,
withdrawal should be denied.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to deny Attorney
James Miller's Petition for Withdrawal as Counsel as it will unduly prejudice the Defendant.
Dated: July C0 ,2001
By:
Respectfully Submitted,
IRWIN, McKNIGHT & HUGHES
Dougla~JG. Miller, Esquire
Supreme Court ID # 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 170 l 3
(717) 249-2353
Attorney for Plaintiff,
Brian K. Peiffer, Sr.
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a tree and correct copy
of the foregoing document upon the person indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
James A. Miller, Esquire
2010 Market Street
Camp Hill, PA 17011
Date: July 6 , 2001
IRWIN, McKNIGHT & HUGHES
Douglas ~]. Miller, Esqmre
Supreme Court I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Plaintiff,
Brian K. Peiffer
BRIAN K. PEIFFER, SR.,:
Plaintiff :
V.
CINDY M. REYNA,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-1094 CIVIL TERM
ORDER OF COURT
AND NOW, this 23rd day of July, 2001, upon consideration of James A. Miller,
Esq.'s Petition for Leave To Withdraw as Counsel, and of Plaintiff's Objections to
Attorney James A. Miller's Petition for Leave To Withdraw as Counsel, the petition is
granted.
James A. Miller, Esq.
2010 Market Street
Camp Hill, PA 17011
Petitioner
Douglas G. Miller, Esq.
60 West Pomfret Street
Carlisle, PA 17013
Attorney for Plaintiff
BY THE COURT,
0Vesley O1 r~,Jr., J.
C?
Cindy M. Reyna
827 Church Street
Lebanon, PA 17046
Defendant
:rc
PRAEClPE FOR LISTING CASE FOR TRIAL
(Must be typewrilten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one) ( ) for JURY trial at the next term of civil court.
( X ) for trial without a jury.
CAPTION OF CASE
(entire caption must be stated in full)
BRIAN K. PEIFFER, SR.,
(Plaintiff)
VS.
C ]~]DY M.
827 uauaCH STREET
LEBANON, PA 17046
VS.
(Defendant)
(check one)
( ) Assumpsit
( ) Trespass
( ) Trespass (Motor Vehicle)
(X) SPECIFIC PEILFORNANCE
(other)
The trial list will be called on
and
Trials commence on
Pretrials will be held on
(Briefs are due 5 days before pretrials.)
(The party listing this case for trial shall provide
forthwith a copy of the praecipe to all counsel,
pursuant to local Rule 214-1.)
No. 1094 Civil
Indicate the attorney who will try case for the party who files this praecige:
DOUGLAS G. MIIJ~ER, ESQUIEE, 60 WEST POM~KET S~KEET, CARLISLE, PA
Indicate trial counsel for other parties if known: N/A
17013
1~_ 2__001
This case is ready for trial.
Date: AIIGIIRT 13. 2001
Print Name: G. t, iILLER, ESQUIRE
Attorney for: PLATtq~IFF
BRIAN K. PEIFFER,
Plaintiff
Vo
CINDY M. REYNA,
Defendant
SR. ,
CUMBERLAND COUNTY,
CIVIL ACTION - I~.W
No. 01-1094 CIVIL TERM
IN THE COURT OF COMMON PLEAS OF
PENNSYLVANIA
A pretrial conference was held in the
chambers of the undersigned judge in the above-captioned
case on Monday, October 8, 2001. Present on behalf of the
Plaintiff was Douglas G. Miller, Esquire. The Defendant,
Cindy M. Reyna, who is representing herself, did not appear
at the pretrial conference nor did she submit a pretrial
conference memorandum.
This is an action for replevin of a dog, for
incidental expenses related to the dog, and for expenses
arising out of personal property allegedly left on
Plaintiff's property by Defendant, security of Plaintiff's
residence, and alleged harassment on the part of Defendant.
This will be a nonjury trial, which by Order
of Court dated October 2, 2001, has been scheduled for
Friday, October 26, 2001, at 1:30 p.m.,
Cumberland County Courthouse, Carlisle,
estimated duration of trial is less
in Courtroom No. 1,
Pennsylvania. The
than one-half day.
trial.
No unusual issues are anticipated during the
With respect to settlement negotiations, it
IN RE: PRETRIAL CONFERENCE
does not appear to the Court that this matter will be
resolved amicably.
Douglas W. Miller, Esquire
60 W. Pomfret Street
Carlisle, PA 17013
For the Plaintiff
By the Court,
Cindy M. Reyna, Pro
827 Church Street
Lebanon, PA 17046
Defendant
Se
wcy
BRIAN K. PEIFFER, SR.,
Plaintiff
CINDY M. REYNA,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERL~2qD COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2001-1094 CIVIL TERM
ORDER OF COURT
AND NOW, this 26th day of October, 2001, upon
consideration of the complaint filed in the above-captioned
matter, and following a nonjury trial at which the Plaintiff
appeared with his counsel, Douglas G. Miller, Esquire, and
'presented evidence in support of the complaint, and at which the
Defendant, who is representing herself, did not appear, the Court
finds in favor of the Plaintiff against the Defendant and directs
that the Defendant, within 10 days of today's date, turn over to
the Plaintiff the dog which is a subject of this case, Chloe
Clorese, in healthy condition, and directs further that the
Defendant pay to the Plaintiff damages in the amount of $1,804.64,
with interest at the legal rate from today's date, plus costs of
suit.
Douglas G. Miller, Esquire
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, PA 17013-3222
For the Plaintiff
Ms. Cindy M. Reyna,
P.O. Box 117
Lebanon, PA 17046
By the Court,
t.Wesley~01~r; Jrt.,
Defendant, Pro Se
,'o · ,5' o. o /
pcb
BRIAN K. PEIFFER, SR.,
Plaintiff,
V.
CINDY M. REYNA,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
._
NO. 2001 - 1094 CIVIL TERM
..
CIVIL ACTION - LAW
:
PRAECIPE TO ENTER JUDGMENT AND ASSESS DAMAGES
To Curtis R. Long, Prothonotary:
Kindly enter judgment in favor of the Plaintiff and against the Defendant on the attached
Order of Court dated October 26, 2001, rendered following trial without a jury, and no timely
posttrial motions having been filed.
Please assess judgment in favor of Plaintiff as follows:
Amount of Judgment
Costs of Suit
Interest from 10/27/01 to 2/21/02 at statutory rate
TOTAL
$1,804.64
$ 45.25
$ 35.04
$1,884.93
Date: February 21, 2002
IRWIN, McKNIGHT & HUGHES
Douglas ~. Miller, Esqmre
Supreme Court I.D. No. 83776
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED ON THE JUDGMZ AS3INDICATED.
Date: ~- C'~// d~~ PR~OT~H~T~A~Ry~ ~.~'
BRIAN K. PEIFFER, SR.,
Plaintiff
CINDY M. REYNA,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2001-1094 CIVIL TERM
ORDER OF COURT
AND NOW, this 26th day of October, 2001, upon
consideration of the complaint filed in the above-captioned
matter, and following a nonjury trial at which the Plaintiff
appeared with his counsel, Douglas G. Miller, Esquire, and
presented evidence in support of the complaint, and at which the
Defe~danC, ~ho is representing herself, did not appear, the Court
finds in favor of the Plaintiff against the Defendant and directs
that the Defendant, within 10 days of today's date, turn over to
the Plaintiff the dog which is a subject of this case, Chloe
Clorese, in healthy condition, and directs further that the
Defendant pay to the Plaintiff damages in the amount of $1,804.64,
with interest at the legal, rate from today's date, plus costs of
suit.
Douglas G. Miller, Esquire
West Pomfret Professional
60 West Pomfret Street
Carlisle, PA 17013-3222
For the Plaintiff
By the Court,
.WesleyIOl~r/ Jr~. ,
Building
Jo
Ms. Cindy M. Reyna, Defendant,
P.O. Box 117
LebanOn, PA 17046
pCb
Pro Se
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a tree and correct copy
of the Praecipe to Enter Judgment and Assess Damages upon the persons indicated below by first
class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth
below:
Cindy M. Reyna
827 Church Street
Lebanon, PA 17046
Date: February 21, 2002
IRWIN, McKNIGHT & HUGHES
Supreme Court I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Plaintiff