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HomeMy WebLinkAbout01-1502COM/~ONWE~LTH OF PENNSYLVANIA COURT Of COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL F~OM .-~ - ;~.~ DISTRICT JUSTICE JUDGMENT COMMON PLEAS No, ~,/. NOTICE OF APPEAL I~tice is given that the appellant has filed in the above Court of Common Pleas on appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. 2/14/oi 09-3-01 Harold E. Bender 609 W. Virqinia Ave., Mountain Her£taqe Gifts, Martinsbur~ John Coppens CV ~ 0000002-01 LTl9 This block will be signed ONLY when this notation is required under Pa. R.C.PJ.P. Nc~ 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the iudgment for possession in this case Signature of Prothonotary or Deputy WV 25401 James Homer 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 f#ing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before Disb'ict Justice. ?F NOT USED, detach from COpy of notice of appeal to be served upon appellee). PRAECIPE: To Prothenotory Enter rule upon (Common Pleas No. ,Tnhn , appellee(s), to file a complaint in this appeal Neme of appelk~e(s) ~ 7'*'~-~e~ ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To John C. opp~n~ , appellee(s). Neme of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days afl~r the date of service of this rule upon you by personal service or by certified or mglstered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULe: COMMONWEALTH OF PENNSYLVANIA COUNTY OF ..... AFFIDAVIT: I hereby swear or affirm that I served SWORN {AFFIRMED~ AND SUBSCRIBED BEFORE ME THIS ............... DAY OF _. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CfJM~EI~..,~I~D 09 -3 -01 ~: 81 WALNUT BOTTOM ROAD P.O. ]~OX 361 SHIPPENSBURG, PA Te,.¢~o..:(717) 532-7676 JAMES HOR1TER 609 W VA AVE MOUNTAIN HERITAGE GIFTS MARTINSBURG, WV 25401 17257-0361 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME add AOEREES ~-COPPENS, JOHN 62 E FJ. NG ST J.C. JEWI~LERS ~HIPPENSBURG, PA 17257 VS. DEFENDANT: NAME anO AOORESE FHOKNER, JAM~S 609 W VA AVE MOUNTAIN HERITAGE GIFTS ~/~RTINSBUI~G, WV 25401 Docket No.: CV-0000002 ~01 Date Filed: 1/22/01 CROSS COMPLA NT 001 J THIS IS TO NOTIFY YOU THAT: ,Judgment: ~ Judgment was entered for: (Name) [-~'[ Judgment was against: (Name) entered in the amount of $ on: (Date of Judgment) ~ 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 filed and hearing will be held: (Date & Time) Amount of Judgment $ 57 8.10 Judgment Costs $ 7.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 585.10 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 MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. ~'~ ~/¢"~-/ Date /~.,~-4~/~- ~ ,District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice My commission expires first Monday of January, AOPC 315-99 2006 SEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL ~ / ~ 0 / DISTRICT JUSTICE JUDGMENT COMMON PLEAS FiG. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case rnent~ned below. 609 W. Virginia Ave., Mountain H~ge Gifts, M~b~ WV 2/14/01 Jo~ ~ ~ J~ ~o~ CV ~ 0~02~1 ~;~'~ ~' LT 19 -' This ~ck will be ~g~d ONLY ~en this ~tati~ is mqui~d u~ P~ R.C~J~. ~ 1008~ This Notice of A~eal, w~n received by t~ District Justice, will ~erate os a ~PERSEDEAS ~ the j~gment ~ ~ssession in this case Signature of Prothonotary or Deputy 09-3-01 Harold E. Bs~der 25401 frappe//ant was CLAIMANT (see Pa. R.C.P.J.P. No. 1 O01 (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 form to be used ONLY when appellant was DEFENDANT (see Pa, R.C.P.J.P. No. 1001(7) in action before D/strict Justice. IF NOT USED, detach from copy of notice of appeal to be sensed upon appellee). PRAECIPE: To Prothonotary Enter rule upon (Common Pleas N~ 0/- RULE~ To ~oh~ c'~;[-,.~,.~ of ~s) ,Tc~hn C'~ , appellee(s), to file a complaint in this appeal N~me of al~el~oe(s ) ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. , appellee(s). ' ~' "'''~ ~ "~!~ ,m,~' ...... .~lh~.~- (1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days a~-ter the dote of service of this rule upon you by. personal service or by certified or registered mae (2) If you da not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. COURT FILE PROOF OF SERVICE OF NOTICE OFAPPEA[ A~O ~:~L~Le ',, ~..,...:C,.)~[.AtNi~ ~Th~s~toofofserwce MUSTBE F~LLD W~ ~ Et~ ' . ~;,~. ~ - , ~--, ,~ COMMONWEALTH OF PENNSYLVANIA - .3 =,,: COUNTY OF C_ um~=la~ ........ s~ AFFIDAVIT: I hereh¥ swear or affirm that i served ~· ~ , :y,tt : ~ I/-.l +a :% r~r~, ?lea~ Nc 01-1502_. Civil ~- ~ March 20~ 2001~(X r~,,,,w.;~¢,,.,s~m,i March 20~ 2001 SWORN (AFFIR. MED) AND ~,tJLd~*4~ Nola~J S,~,i Ka~-.- J. Lel',men, Notary Public Ca~llale Boro, Cumbedand County My Commission F. xplms Aug. 25, 2003 )AD 17257-0361 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTrFF: NAME and ADDRESS FHORNER, JAMES ~ 609 W.VA AVE MARTINSBURG, , WV 25401 VS. DEFENDANT: NAME and ADDRESS ~C. OPP~, JOHN ~ 62 E.KING ST C/O J.C. JEWELERS ~HIPPENSBURG, PA 17257 ~ Docket No.: CV-0000002-01 I ~ Date Filed: 1/16/01 THIS IS TO NOTIFY YOU THAT: Judgment: [] Judgment was entered for: (Name) [] Judgment was entered against: (Name) in the amount of $ (Date of Judgment) E~ Defendants are jointly and severaJiy liable. []Damages will be assessed on: [~] This case dismissed without prejudice. E~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $ ~ Levy is stayed for days or [] generally stayed. F-'] Objection to levy has been filed and hearing will be held: Date: Place: (Date & Time) Amount of Judgment $ 290.65 Judgment Costs $ 45.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 336.15 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 NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. ~-/~ / Date ,,~ ~ ~ , District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice My commission expires first Monday of January, AOPC 315-99 2006 SEAL COMMON~E'AL~H OF PENNSYLVANIA COUNTY OF: COt, I~E~ Mag. Dist. NO.: 09-3-01 DJ Name: Hen [-IA_ROL, D E. BEN~ER Address: 81 WAL~u'~ BOTTOM ROA~) P.O. BOX 361 SHIPPENSBURG, PA Te~epho,e~ (717) 532-7676 JOHN COPPENS 62 E KING ST J.C. JEWELERS SHIPPENSBURG, PA 17257 17257-0361 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADORESS I-COPPENS, JOHN '~ 62 E KING ST J.C. d .:WELERS ~HIPPENSBURG, DEFENDANT: FHOKNER, JAMES 609 W VA AVE MOUNTAIN HERITAGE GIFTS iMARTINSBURG, ~ 25~01 Docket No.: CV-0000002-01 Date Filed: 1/22/01 CROSS COMPLAINT 001 PA 17257 .j VS. NAME and ADDRESS THIS IS TO NOTIFY YOU THAT: Judgment: ~] Judgment was entered for: (Name) [] Judgment was entered against: (Name) in the amount of $ ~R~.lfl on: (Date of Judgment) [~ 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 filed and hearing will be held: (Date & Time) Amount of Judgment $ 578.10 Judgment Costs $ 7.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 585.10 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 MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. C~ -/~/-6) / Date /~/6~/~ ~ ,District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice My commission expires first Monday of January, AOPC 315-99 2006 SEAL JOHN COPPENS, JAMES HORNER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 01-1502 AFFIDAVIT OF SERVICE AND NOW, this 3~d day of April, 2001, comes Marylou Matas, Esquire, Attorney for Defendant, and states a true and attested copy of Notice of Appeal was sent to District Justice Harold E. Bender, at P.O. Box 361, Shippensburg, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on March 22, 2001. Marylou Ma'tas, ES~luire Attorney for Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before rite this ~/~7it day of '~'~'{'[I ~ ,2001 1,}~OTARY ~c~i~LIC~/~ ~/] Kad~a J. Lehman, Noia~/Pul31to My Commission Ex~b~s Aug. · Complete items 1, 2, and 3. AJso comprete item 4 ~f Rsstdcted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. 1 AtticleAcldressedto:~, /]_ ; J ~ PS Form 3811, July 1999 C. Signature ~t~/~,'~_~ [~ Agent X ,~, ~'~~ r-I Add~ D. Is ~ ~d~ d~e~t ~ R~ 1 ? ~ Yes If YES, ent~ deliv~ address ~low: ~ No 3. Service Type  *Certified Mail n Expel.m,* . Dom~tic Return Receipt 102595-~-M-09~ JOHN COPPENS, JAMES HORNIER, Plaintiff Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1502 AFFIDAVIT OF SERVICE AND NOW, this 3~ day of April, 2001, comes Marylou Matas, Esquire, Attorney for Defendant, and states a true and attested copy of Notice of Appeal was sent to the Plaintiff, John Coppens of JC Jewelers at 62 East King Street, Shippensburg, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on March 22, 2001. Marylou Matas~quire Attorney for Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to beforf me this .3 v-c{ day of. '~(11 ~ ,2001 · Complete items 1, 2, and 3. Aisc complete item 4 if Restricted Delivery Js desired. · Print your name and address on the reverse so that we can return the card t'o you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addnassed to: 2. Article Number (Copy from service label) PS Form 381 1, July 1999 A. B. Date of Delivecy C. ' nature D. Is address d 1 i~ r-i Yes 3. S~iice Type Certified Mail [] Express ~i~.~,~._ .~ [] Insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) Domestic Return Receipt 102595-00-M-0952 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COPPENS, trading and doing business as J. C. Jewelers, Plaintiff V. JAMES HORNER, trading and doing Business as Mountain Heritage Gifts, Defendant CIVIL ACTION - LAW NO. 01-1502 Civil Term NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgement may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYWER 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. COPPENS, trading and doing business as J. C. Jewelers, Plaintiff V. JAMES HORNER, trading and doing Business as Mountain Heritage Gifts, Defendant CIVIL ACTION - LAW NO. 01-1502 Civil Term COMPLAINT AND NOW, comes the Plaintiff, John E. Coppens, pursuant to an appeal from a District Justice decision in the above captioned matter, who files a complaint against the Defendant, James Horner, as follows: 1. The Plaintiff is John E. Coppens, an individual trading and doing business as J. C. Jewelers, with principal business address of 62 East King Street, Shippensburg, Cumberland County, Pennsylvania. 2. The Defendant is James Homer, an individual trading and doing business as Mountain Heritage Gifts, with principal business address of 609 West Virginia Avenue, Martinsburg, West Virginia 25401. 3. At all times relevant to this proceeding the Plaintiff owned and operated a retail jewelry store and repair business in Shippensburg, Cumberland County, Pennsylvania, as a sole proprietor and the Defendant owned and operated a retail gift and jewelry repair business as a sole proprietor in the state of West Virginia. On or about October 2, 2000, the Plaintiff entrusted a gold neck chain owned by a customer to the Defendant for repairs with a fair market value of ninety-five ($95.00) dollars. 5. On or about October 9, 2000, the Defendant returned a different gold neck chain to the Plaintiff having a fair market value of only thirty ($30.00) dollars. 6. To satisfy his customer, Plaintiff supplied his customer with a similar gold chain out of Plaintiff's inventory having a fair market value of ninety-five ($95.00) dollars. 7. On or about October 12, 2000, Plaintiff entrusted two diamonds and two ring settings owned by him to the Defendant to be reset. The two ½ caret SI/ G color diamonds have a fair market value of one thousand two hundred eighty-two ($1,282.00) dollars. 8. On or about October 19, 2000, two different diamonds now set in the two different ring settings were returned to the Plaintiff. The two different diamonds returned to the Plaintiff have an approximate value of seven hundred sixty-nine ($769.00) dollars. The original gold neck chain and diamonds are still in the possession of the Plaintiff. The Plaintiff demanded the return of the original property but the Defendant refused and still refuses to return said property. 10. On or about October 19, 2000, Plaintiff entrusted to Defendant a 3/8 caret diamond ring just sold to a customer consisting of seven (7) small diamonds for resizing from a size 6 ring to a size 4 ½. 11. On or about November 3, 2000, Defendant returned the 3/8 caret diamond ring mentioned in paragraph 10 above to Plaintiff, but one of the small diamonds therefrom was missing. 12. Upon further investigation, it was determined that the missing diamond was still in the possession of the Defendant thereby causing Plaintiff to again entrust the 3/8 caret diamond ring to the Defendant for further repair. 13. The 3/8 caret diamond ring in question was subsequently returned to the Plaintiff by the Defendant and subsequently delivered by Plaintiff to his customer. 14. Approximately two weeks after the 3/8 caret diamond ring was delivered to Plaintiff's customer, customer returned the ring to Plaintiff and demanded a return of the purchase price paid due to the fact that the loose diamond repaired by the Defendant had again fallen out and was lost. 15. Plaintiff has incurred approximately forty-five ($45.00) dollars in costs in repair expenses and in securing a replacement ring from the manufacturer of the 3/8 caret diamond ring in question. COUNT 1 - NEGLIGENCE The Plaintiff hereby incorporates herein by reference thereto paragraphs 1 - 15 of the complaint. 16. The Defendant owed a duty to Plaintiff to properly care for Plaintiff's property while in the Defendant's possession, care, custody and control. 17. Defendant breached his duty to the Plaintiff by failing to properly care for and make repairs to Plaintiff's property in that the Defendant failed to return the same items of personal property to Plaintiff that were entrusted to the Defendant and failed to make repairs to or to properly complete diamond ring settings in a workmanlike manner as was agreed upon between the parties. 18. Defendant is therefore liable to the Plaintiff for the damages to Plaintiff's per§onal property as aforesaid. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of six hundred twenty-three ($623.00) dollars with interest from January 22, 2001, plus costs of suit. COUNT II - BREACH OF CONTRACT The Plaintiff incorporates herein by reference thereto paragraphs 1 - 18 of the complaint. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of six hundred twenty-three ($623.00) dollars with interest from January 22, 2001, plus costs of suit. COUNT II1 - FAILURE TO RETURN BAILED PROPERTY The Plaintiff incorporates herein by reference thereto paragraphs 1 - 18 of the complaint. 19. The Defendant has not delivered the bailed property to the Plaintiff and has refused and still refuses Plaintiffs request for return of the property. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of six hundred twenty-three ($623.00) dollars with interest from January 22, 2001, plus costs of suit. John. Copp~ens ~ '~~ VERIFICATION I verify that the statements made in the foregoing Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. § 4904, relating to unswom falsification to authorities. JOHN COPPENS, JAMES HORNER, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 01-1502 AFFIDAVIT OF SERVICE AND NOW, this 24t~ day of April, 2001, comes Marylou Matas, Esquire, Attorney for Plaintiff, and states a true and attested copy of a Default Notice was sent to the Plaintiff, John Coppens, at JC Jewlers, 62 East King Street, Shippensburg, PA 17257, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on April 17, 2001. Maryl&f/~as, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before/ne this 2.~42~ day of. ¢Q~\/ ~ ,2001 OTARYoPUBLIC · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1, Article Addressed to: 2. Article Number (Copy from service ~abel) A. Received b B. Date of Delivery D. [] Yes [] No 3. S~Rice Type ertified Mail [] Express Mail egistered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted I~elivery? (Extra Fee) ~i~/Yes PS Form 381 1, July 1999 Domestic Return Receipt 102595-00-M-0952 Postage $ JOHN COPPENS, Plaintiff' VS. HOm P., Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1502 CERTIFICAT~ OF NOTICI~ I, Marylou Matas, hereby certify that I did the 16th day of April, 2001, cause a Notice of Praecipe to Emer Judgment of Non Pros to be served upon the Plaintiff, John Coppens, in the above captioned action. A copy is attached hereto and incorporated herein by reference. MaD'lb~tas, E~lmre AttorneyTor Defendant JOHN COPPENS, Plaintiff VS. JAMES HORNER, Defendant, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01-1502 TO: JOHN COPPENS JC Jewelers 62 East King Street Shippensburg, PA 17257 Date of Notice: 4//~c / ~ ~ IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAH.~D TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTE~I~r) AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHF. R IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OK TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WI~-RE YOU CAN GET LEGAL HELP: Cumberland County Bar Association Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 Attorney for Defendant 200 N. Hanover Street Carlisle, PA 17013 (717) 243-5551 IOHN E. COPPENS, t/d/b/a J.C. Jewelers, Plaintiff VS. JAMES HORNER, t/d/b/a Mountain Heritage Gi~s, Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1502 CIVIL TERM PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT F?,HJURE TO STATE CAUSE OF ACTION UPON WHICH RELII~F CAN BE GRANTED 1. Plaintiff's Complaint in Count H fails to state a sufficient legal basis for Plaintiff's action to be maintained on breach of contract. 2. Plaintiff's Complaint in Count II fails to state a cause of action for which relief may be granted. WHEREFORE, Defendant requests Your Honorable Court to strike and dismiss Count H of Plaintiff's Complaint with prejudice. Respectfully submitted, GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 JOHN COPPENS, Plaintiff' VS. JAMES HORNER, Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-1502 AFFIDAVIT OF SERVICE AND NOW, this 1= day of Jnne, 2001, comes Marylou Matas, Esquire, Attorney for Defendant, and states that she mailed a certified and tree copy of Preliminary Objections to Plainfrff, John Coppens, at his address of 62 East King Street, Shippensburg, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on May 22, 2001. Sworn and subscribed to before me this / Notarial Seal Robin J. Goshom, Notary Public Carlisle Bom, Cumberland County My Commission Expires Apr. 17, 2003 MarylOu l~4g~s, EsqUire GRIFFIE &-ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 Certified Fee Return Rece Fee IEndQrsement R u[red) Rest~cted Del~ee {Endorsement Required) Total Postage & Fees · Complete items 1, 2, and 3. Also comptete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. ! Attach this Card to the back of the mailpiece, or on the fron ~f space permits. 1. Article Addre: ~dto.'~ A. Received by (Please Print Clearly) B. Date of Delivery C. [~ A~gent item1? ~Yes E3 No 2. Article Number (Copy from service label) PS Form 3811, July 1999 _ _ .... Domestic Return R6ceipt 102595-00-M.0952 3, Service Type ~ertlfied Mail [] Express Ma fL[ Registered [] Retur ~ [] Insured Mai~ [] C'O'Dn. Receipt for Merchandise l " Res~trtricted Deli~-ery? (Extra ;~e) - ~-~ s --