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HomeMy WebLinkAbout10-5777MWEALTH OF PENNSYLVANIA T OF COMMON PLEAS Judicial District, County Of Cumberland K DISTRICT JUSTICE JUDGMENT _ COMMON PLEAS No. iw jw &-.1 NOTICE OF APPEAL r'kd ' -'5e#. 9;. .201.0 Not ce is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAM _ LR AVMLLANI I I MVKi. YI.`il. NV. IWWC lX U.J. Carl Meyer 09-3-03 Susan K. Day 2077 Reservoir Drive E/31/10 Carlisle Carl Meyer I,T-0000257-10 This block will be signed ONLY when this notation is required under Pa. R.G.P.D.J. No. 10088. Ths Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. George F. Douglas, III, Esq. Attorney for Appellant Qaa.?. appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. SO-'- of PFoMonateyaD*P* PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fort to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF N DT USED, detach from copy of notice of appeal to be served upon appellee. P'RAECIPE: To Prothonotary Enter rule upon Name of apW"(s) (Common Pleas No. NOTICE OF APPEAL FROM PA 17013 David Morton appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To , appellee(s) Name of app"Ws) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) if you do not file a oomplaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: .20 Signature of Profhomftiy or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER fling of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF : ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .20 Signature of a/fiant Signature of official before whom affidavit was made Tine of official My commission expires on 20 <5 -v *\ U ?r Ca J3 j c,4 N3 Jr COMMONWEALTH OF PENNSYLVANIA (all INTY ()F• CUMBERLAND Mag. Dist. No.: 09-3-03 MDJ Name: Hon: SUSAN K. DAY Address: 22.._9 MILL ST,. BOX 167 MT. HOLLY SPRINGS, PA Telephone: (717) 486-7672 17065 CARL 14 YER 2077 RESERVOIR DR CARLISLE, FA 17013 NOTICE OF JUDGMENT/TRANSCRIPT NONRESIDENTIAL LEASE RLAINTIF NAME and ADDRESS rMEYER, CARL 2077 RESERVOIR DR CARLISLE, PA 17013 L DEFENDANT: FMORTON, DAVID 260 YORK RD CARLISLE, PA L_ J VS. NAME and ADDRESS 17013 J Docket No.: LT-0000257-10 Date Filed: 8/19/10 TH S IS TO NOTIFY YOU THAT: Judgment: FOR DEFENDANT Judgment was entered for: (Name) MORTON, DAVID rr Judgment was entered against MEYER, CARL in a L ? Landlord/Tenant action in the amount of $ . 00 on 8/31/10 . (Date of Judgment) The amount of rent per month, as established by the Magisterial District Judge, is $ .00. Tr a total amount of the Security Deposit is $ .00 Total Amount Established by DJ Less • Security Deposit Applied = `Adjudicated Amount Pent in Arrears $ .00-$ .00= $ .00 Physical Damages Leasehold Property $ .00-$ .00= $ .00 E amages/Unjust Detention $ -00-$ _no- $ -00 Less Amt Due Defendant from Cross Complaint - $ _nn Interest (if provided by lease) $ on UT Judgment Amount $ 00 Judgment Costs $ -00 Cl Defendants are jointly and severally liable. Attorney Fees $ *no [-] This case dismissed without prejudice. Total Judgment $ .00 El Possession granted. Cl Possession granted if money judgment is nolsa P1 Possession not granted. Post Judgment Credits Post Judgment Costs Certified Judgment Total ANY PARTY AGGRIEVED BY A JUDGMENT INVOLVING A NONRESIDENTIAL LEASE MAY APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A-NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COQ T_OF COMMON, PLEAS, CIVIL DIVISION: YOU MUST INCLUDE.A..COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM.WITH YOUR NOTICE OF'At OiAL. E;,CEPT AS OT.HMIWISC-,PROVIDE'D IN THE RULES'OF CIVIL PROCEDURE FORM GISTERfAL DISTRICT JUDGES, IF'THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF C.OMON'PLEAS, ALL FURTHER PROCESS MUST CI)ME FROM THE CdURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. ' UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED'I THE JUDGMENT MAY FILE A REQUEST F7OA' ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE'IF:.THIE- OGMENT DEBTOR PAYS IN FULL, SETTLES3.OR OTHERWISE COMPLIES WITH 7HE JUDGMENT. Date Magisterial. District Judge n the reco o t e rocee mgs containing the judgment. rertity that this -is a true a co opy 57 Date , Magisterial District Judge My commission expires first Monday of January, SEAL ~ €~.~'~Mt~i= F6C~ ~i140 S~~ 20 ~ 8~ 5 ~~~.~i~iB~i~LA~O COUI~T`r` i~~Pi<SYL~/ANiA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland : ss AFFIDAVIT: I hereby (swear) (affirm} that I served ® a copy of the Notice of Appeal. Common Pleas 10-5777 ,upon the District Justice designated therein on (date of service) 9-15 , 2010 ^ by personal service Q by (certified) (registered) mail, senders receipt attached hereto, and upon the appellee, (name] David Morton , an 9-11 , 20 10 ^ by personal service ~ by (certified) (registered) mail. sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIB1ED BEFORE ME THIS .~ L~ DAY OF `~ Y~~' . 20 (~ . ! ! _ / Signature of offiGat before whom affidavit w.as mad Tide of official My commission expires on 20 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Tamers S. Siegrist, Notary Public Waynesboro eoro, Franklin County My Commission Expires DeC. 1, 2010 f--, ~.. Signature of affiant `~ '1 ` ~ Member, Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of ::`..+._ y~:~~:• ,. FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No ~a~J' NOTICE OF APPEAL ~'"` _, `~ , Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. _ _. ._._.. I r.W(a DfST. NO. I NAME OF D.J. . . ., f 5.... DATE OF JUDGMENT IN THE CASE OF (~tilr) (DNandanf). This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDERS to the judgment for possession in this case. Signature d fiothonotary a Deputy _. ._ ~^._~ r If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fomt to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No. appellee(s), to file a complaint in this appeal within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature o/ appellant or attorney a agent RULE: To , appellees) Name o/ appellees) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. Name of appegee(s) (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WRH PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE ^ 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: ~ 4 0 ~nr k IE'~- ~rs--1,5%x, Pq t7a/3 A. Signature ^ Agent _~ ressee ceive by ( ted Name) C. D e of Deli ry D. Is delivery address different from item 17 ~ ^ Yes If YES, enter delivery address below: -1~ No 3. S~~ervl!ice Type tiYGert'rfied Mail ^ Express Mail ^ Registered Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number 7~~3 LpLp p001 1,189 749 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ^ 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: ,~ r,~ Sri `~' ,it~~ c ~kd'a n l~• 'e ~`~/ a z q rn,'~~ S ~fr~. ; i< ~a~ /~ ~ /Y1>~: lyi Il y Sprr ~~ ~f~ ~"loG.S' A. Sign re vO Agent ^ Addressee B. Rece ed by (Printed Name) C. Date of Delivery D. Is delivery address different from item 17 ^ Yes If YES, enter delivery address below: ^ No 3. S ervLlce Type , ~ IXGertified Mail ^ ~ress Mail ^ Registered ~ L(i'Retum Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number (Transfer from service label) 7 0 0 3 1 D 10 o a a 1 118 9 7 5 6 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 CARL MEYER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION- LAW DAVID MORTON, NO. 2010 -_517-7_q (mow Defendant 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 and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD ST. CARLISLE, PA 17013 Dated: ?. 27,`2 ©) ra By: ?y ALZMANN HUGHE , P. C. George F. Douglas, III, Esquire Supreme Court I.D. #61886 3 54 Alexander Spring Road, Sui te 1 Carlisle, PA 17015 Phone: (717) 249-6333 r Attorney for Plaintiff - C-73 _ , gym. ' C - C-3 CARL MEYER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION- LAW DAVID MORTON, NO. 2010 Defendant COMPLAINT AND NOW, comes the Plaintiff, Carl Meyer, by and through its undersigned attorneys, Salzmann Hughes, P.C., and avers in support of its Complaint against Defendant as follows: 1. The Plaintiff, Carl Meyer, is an individual residing at 2077 Reservoir Drive, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant, David Morton, is an individual residing at 19 Mountain View Terrace, Newville, Cumberland County, Pennsylvania. 3. The Plaintiff, Carl Meyer, was selling appliances, kitchen cabinets and used furniture at 260 York Road, Carlisle, Cumberland County, Pennsylvania, since approximately December 15, 2009. 4. During the first week of March, 2010, Plaintiff, Carl Meyer, verbally agreed to lease one half of his store to Defendant, David Morton. The agreement states that the Defendant will pay one half of the rent due each month on the entire store. 5. It was agreed between the parties that the store would be named Morton's Used Furniture, Appliances and Kitchen Cabinets. 6. At the end of each month, it was agreed between the parties that Defendant, David Morton, would pay the Plaintiff, Carl Meyer, the full purchase price for any merchandise which Mr. Morton sold which was owned by Mr. Meyer. 7. The Defendant, David Morton, has paid his rent in full. However, the Defendant has not paid the Plaintiff any monies for the appliances and furniture which the Defendant sold and which was owned by the Plaintiff at the time of the sale. A list of the items the Plaintiff owned and the Defendant sold are listed on Exhibit "A". 8. On August 27, 2010, the Defendant was properly evicted from the store. 9. As a result of the breach of the verbal agreement between the parties, Carl Meyers, Plaintiff, has sustained a loss for total damages in the amount of $9,956.00 WHEREFORE, The Plaintiff claims of the Defendant the sum of Nine Thousand Nine Hundred Fifty-six and 001100 ($9,956.00) Dollars plus interest and costs, an amount requiring referral to the Court of Common Pleas of Cumberland County, Pennsylvania. Respectfully submitted, SALZMANN HUGHES, P. C. - rII George F Douglas, III, EAuire Attorney for Plaintiff Attorney ID: 61886 SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA :SS COUNTY OF CUMBERLAND CARL MEYER, being duly sworn according to law, deposes and says that the averments of the within Complaint are true and correct to the best of affiant's knowledge, information and belief. CAR EY e" / Sworn to and subscribed before me this theday of , 2010 otary 10 MMSUL GWWF DOJMM' M, NOURYPU WME SM CUB COUNTY MY COMMISSION DFM JUNE 25, M11 ,?.v...,..w..-:.. . r..,..?4«sR_v ° T,,.,..M,. CERTIFICATE OF SERVICE I, George F. Douglas, III, of Salzmann Hughes, P.C., hereby certify that a copy of the foregoing Complaint was served this date by depositing the same in the Post Office at Carlisle, Pennsylvania, first class main, postage prepaid, addressed as follows: David Morton 19 Mountain View Terrace Newville, PA 17241 Respectfully Submitted, SALZMANN HUGHES, P.C. By: - - &- --Z? r, ?? George F? Douglas, III, Esquire Attorney for Plaintiff Attorney ID No. 61886 Items Owned by Carl Meyer uanti Item Amount 3 Picnic Tables /padded benches ($125.00 each) $375.00 4 Full size Refrigerators ($100.00 each) $400.00 3 Small Refrigerators ($50.00 each) $150.00 1 Upright Freezer ($100.00) $100.00 1 Chest Freezer ($75.00) $75.00 3 Gas Stoves ($75.00 each) $225.00 4 Dryers ($75.00 each) $300.00 3 Washing Machines ($100.00 each) $300.00 1 Bench Unit w/red drawers $50.00 8 Kitchen Tables and Chairs ($90.00 each) $720.00 24 Odd Kitchen Chairs (most maple) ($20.00 each) $480.00 5 Wooden Arm Chairs ($25.00 each) $125.00 6 Children's Chairs (straight) ($10.00) $60.00 3 Children's Rockers ($12.00 each) $36.00 3 Children's Desks w/chairs ($35.00 each) $105.00 2 Antique Walnut Desks ($60.00 each) $120.00 5 Knee Hole Desks ($50.00 each) $250.00 2 Antique St. Back Chairs ($45.00 each) $90.00 5 Entertainment Centers ($45.00 each) $200.00 6 Computer Desks and Chairs ($45.00 each) $270.00 5 Full size Sofas ($90.00 each) $450.00 7 Love Seats ($50.00 each) $350.00 1 Recliner (from my house) ($90.00) $90.00 8 Upholstered Chairs ($40.00 each) $320.00 10 Coffee Tables (4 round, 6 square) ($45.00) $450.00 18 End Tables ($25.00 each) $450.00 17 Sets of bed rails (3 new) ($25.00 each) $425.00 8 8 Sets Mattress & Box Springs - (2 single, 5 double, 1 queen) ($80.00 per set) $640.00 2 Futons (1 metal, 1 wood) ($90.00 each) $180.00 6 Dressers w/mirrors ($75.00 each) $450.00 10 Chests of Drawers (50.00 each) $500.00 5 Sets of 48" Shelf Units ($20.00 each) $100.00 10 Sets of 6 ft. Shelf Units ($40.00 each) $400.00 25 Assorted Camps ($10.00 each) $250.00 3 High Chairs (wooden) ($25.00 each) $75.00 2 High Chairs (metal) ($20.00 each) $40.00 6 Magazine Racks ($20.00 each) $120.00 1 Solid Walnut Childs Toy Box $45.00 6 Misc. Children's Items ($15.00 each) $90.00 Numerous small items (hammers, etc.) $100.00 Total: $9,956.00 EXHIBIT "A" CARL MEYER, V. DAVID MORTON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 2010 -5777, Civil Term c PRAECIPE -zlz Q " as rn ern rn ;?D -0 -Or- rv 1-10 co C , C:) .. TO THE PROTHONOTARY OF SAID COURT: Attached is proof of service of the Complaint by Pennsylvania State Constable Cyrus Russell on the Defendant, David Morton, which was served on September 28, 2010 at 10:30 a.m. Respectfully submitted, SALZMANN HUGHES, P. C. Date: ??-?+-? ??, 2A?a Plaintiff Defendant George F. Douglas, III, Esquire Attorney for Plaintiff Attorney ID: 61886 SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 .:.mss CONSTABLE CYRUS H. RUSSELL 501 North Walnut St. Mt. Holly Springs, PA 17065 Phone: (717) 486-5889 It ell L? Cd 0 ST AIj t,E ?y (Lt^s jLlA3s ?l CO i -- W Al Nr.?Q nPCET M T- N ouv S Aki N c :, PA i `I06 Docket No. two- S 77 7 Cj v d L_ i i Rr^ f?f C.aM1+?o?, >o?£As Civil 0 - Vidatio SEFarCQ. C1V r?. c_omPr<A?of atv ©LFAtygYlr,i 101t V ID k0Arf6 s Plaintiff 1 Affiant C'AK ME`tCP- Zo9l RCgaxyoiR DN VE CA Kt.i3U 3 Defendant PAVID in M-rog let tKptkyjT A IJq V ILW .rt &XACCV N E W V r t4-G PA- 1 "1 I-s-F 1 Date Received 1/0 Date Served y _; ?' 1 C) Time served. ®L?,`. ! / 14 1.0 Amount of Fine and Cost $ Other Charges $ -50, ? Total Court Costs $ ., ~- , ~ ~~ ~E~- ~~ "tt ~ ;g~ ~x~c:~0 a ~ p ~h~ ~~~ ~ U ntn { '" 1' C' '° rr. r, L.U E~j'`{"~ 1, ~ ',_ ~1 F.s 1 ~ ~ ~~ ~ ~ V~ ~ I ~ ~r 11 ~~'~ :1 , r' ~~' ~ t't9 t~ E ~~r ~ ,~ , , , . , ~^, ! 4a4;ar ~,~ 1 ~`'ri lJ~ ~1rr3 i i' r•., ~'x'`' ~i~~~~,+, ' ¢5 i ~ t:BsJ f CARL MEYER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. 2010-5777 CIVIL TERM DAVID MORTON, . Defendant CIVIL ACTION -LAW NOTICE TO PLEAD TO: CARL MEYER, and his attorney, George F. Douglas, III, Esquire Salzmann Hughes, P.C. 354 Alexander Spring Road, Ste. l Carlisle, PA 17015 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER TO COMPLAINT WITH COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. IRWIN & McKNIGHT, P.C. By: a cus A. fight, III, Esquire 6 est Pomfr t Street C 'sle, Pe ylvania 17013-3222 (717) -2353 Supreme Court ID. No. 25476 Attorney for Defendant David Morton Date: October 8, 2010 CARL MEYER, Plaintiff v. DAVID MORTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2010-5777 CIVIL TERM CIVIL ACTION -LAW DEFENDANT'S ANSWER TO PLANTIFF'S COMPLAINT WITH NEW MATTER AND COUNTERCLAIM AND NOW, this 8th day of October 2010, come the Defendant, DAVID MORTON, by his attorneys, Irwin & McKnight, P.C., and makes the following Answer to Plaintiff's Complaint with Counterclaim: 1. The averments of fact contained in paragraph one (1) of the Complaint are admitted. 2. The averments of fact contained in paragraph two (2) the Complaint are admitted. 3. The averments of fact contained in paragraph three (3) of the Complaint are admitted. 4. The averments of fact contained in paragraph four (4) of the Complaint are admitted. 5. The averments of fact contained in paragraph five (5) of the Complaint are admitted in part and denied in part. It is admitted that the Defendant operated his business under the name of Morton's Used Furniture, Appliances and Kitchen Cabinets. It is denied that the Defendant operated the Plaintiff s business or had any partnership with him. 2 6. The averments of fact contained in paragraph six (6) of the Complaint are specifically denied. On the contrary, the Plaintiff did not directly operate his business. If a potential customer inquired about the Plaintiffls inventory, the Plaintiff agreed to pay for Mr. Morton's time and pay him a commission if the inventory was sold. The Plaintiff has never paid any commissions to the Defendant or paid for the Defendant's labor in assisting to manage the Plaintiff s inventory. 7. The averments of fact contained in paragraph seven (7) of the Complaint are admitted in part and denied in part. It is admitted that the Defendant paid the rent as the parties had agreed. It is specifically denied that the Defendant failed to pay the Plaintiff for items sold or that the items in the list marked as Exhibit "A" are the property of the Plaintiff. 8. The averments of fact contained in paragraph eight (8) of the Complaint are specifically denied. On the contrary, judgment was entered by Magisterial District Judge Susan K. Day in favor of the Defendant. A copy of the judgment is marked as Exhibit "B" and is made a part of this Answer. 9. The averments of fact contained in paragraph nine (9) of the Complaint are specifically denied. On the contrary, the Plaintiff owes damages to the Defendant for the harm the Plaintiff caused to the Defendant's business. WHEREFORE, the Defendant, David Morton, respectfully request the Honorable Court to dismiss the Plaintiff's Complaint with damages, .costs and reasonable legal fees awarded to the Defendant. 3 COUNTERCLAIM IN FRAUD AND NOW comes the Defendant, DAVID MORTON, by and through his attorneys, Irwin & McKnight, P.C., and makes the following Counterclaim against the Plaintiff, CARL MEYER. 10. The averments of fact contained in the Answers to the Complaint contained in paragraphs One (1) through Nine (9) are incorporated by reference and are made a part of this Counterclaim. 11. The business of the Plaintiff was by appointment only. The Defendant did not attempt to sell the inventory of the Plaintiff unless specifically authorized by the Plaintiff. 12. The Plaintiff did not have a Commonwealth of Pennsylvania sales permit or the necessary license to sell bedding or other furniture items. 13. The parties did not have any written business arrangement. 14. On or about August 18, 2010, the Plaintiff ordered the Defendant to leave the premises and filed a Complaint with the Magisterial District Judge Susan K. Day. A copy of said Complaint is attached hereto and marked as Exhibit "C". 15. The Plaintiff never paid the Defendant for his time spent in caring for the inventory of the Plaintiff during the daytime hours. The Plaintiff operated by appointment only. 4 16. The Plaintiff owes the Defendant the sum of $750.00 for the Defendant's time spent cleaning the Plaintiff s inventory and for expenses paid by the Defendant for telephone, electric, office supplies, and general labor by Defendant required to assist the Plaintiff with his inventory. 17. After the Defendant left the leased premises, on or about September 4, 2010, the Plaintiff went to the Defendant's new store location and demanded to examine the Defendant's inventory. The Plaintiff requested several items that he claimed were his and agreed to accept those items as payment in full for any claims he had against the Defendant. A copy of the note signed by the Plaintiff is marked as Exhibit "A" and made a part of this Counterclaim. 18. The Plaintiff entered the store of the Defendant after regular business hours and made a list of items owned by the Defendant with the fraudulent intent of later claiming to assert ownership of the items of the Defendant. 19. Since September 4, 2010, the Plaintiff has actively sought to do harm to the business of the Defendant by verbally lying to the Defendant's prospective customers and shouting profanities at the Defendant during business hours. 20. The Defendant seeks the sum of $2,000.00 for damages done by the Plaintiff to the business of the Defendant plus reasonable legal fees caused by the litigation filed by the Plaintiff. 5 WHEREFORE, the Defendant, David Morton, seeks damages against the Plaintiff, Carl Meyer, in the amount of $2,750.00 plus costs, interest, and legal fees. Respectfully submitted, IRWIJ~& MCKNIGHT, P.C. By: rcus cKnight, III, Esquire West Po fret Street Car ennsvlvania 17013 (717) 249-2353 Date: October 8, 2010 Supreme Court I.D. No. 25476 6 „~i) EXHIBIT "A" ~r2-I s {-a r e ~~ ~ tNh«-+ o~ ~~ C~~ ~ i rl ~ ~~ ~ ~ S ~ I ~,-1 ~ n a~~~ ~.. 1 ~`~~ ~ ' x ic~T- ~d ~4i .- t SP~w +~- b~ . . TERMS ~ SALE: ALL PURCHASES ARE TO BE PAID IN FULL ON DAY OF SALE AND PRIOR TO REMOVAL FROM SITE. IF A DISPU7 E ARISES BETWEEN 2 OR MORE BIDDERS, THE AUCTIONEER WILL DECIDE THE DISPUTE OR RESELL THE ITEM. ALL ITEMS ARE SOLD 'AS IS, WHERE IS'. THE AUCTXNEER ASSUMES NO LIABILITY FOR ANY GUARANTEE MADE BY THE SELLER. THE AUCTIONEER IS NOT LIABLE FOR ANY INJURY, DAMAGE OR LOSS INCURRED IN CONNECTION WITH THE SALE. PURCHASER ASSUMES RESPONSI- BILTTY FOR TTEMS WHEN 'SOLD" OR UPON DELNEHY TO PURCHASER. NASH-BOX 46 MIFFLINSURG, PA 17844 800-926-7484 E~gIT "B~ COMMONWEALl'H OF PENNSYLVANIA Meg. Dist. No.: 09-3=03 MDJ Name: Hon. . SIISAN K. DAY ndd~esa: aa9 HILL 3T, BO]C 167 lNIl'P. $OLLY SPRINGS, PA. raiaq,one: (717) 486 - 7672 17065 DAVID MORTON 260 YORK RD CARLISLE, PA 17013 NOTICE OF JUQGME~JT/TRANSCRIPT PLAINTIF~O'NRfSIDENTIAL LEASE NAME and ADDRESS ~, . cARL 2077 RESERVOIR DR CARLISLE, PA 17013 L J VS. DEFENDANT: NaME and nDDRESs rMORTON, DAVID ~ 260 YORK RD CARLISLE, PA 17013 L J Docket No.: IrT- OOOOa57 -10 Date Filed: 8/19/10 THIS IS '~'~C~`~NOTiIFY Y0U THAT: Judgment gpR DgFr~~ma~rr `'Judgment was: entareerJ. for:....,_. (Nam~)...1!<ORT~i, : DrAVYD... . _..___ _ . Judgment was entered against 1L~YER, -CARL in a Landlord/Tenant action in the amount of $ . 00 on 8/3.1/10 (Date of Judgment) The. amount of rent per month, as established by the Magisterial District Judge, is $ . 00. The total amount of the Security Deposit is.$ + 00 Total Amount Established by DJ less • Security Deposit Appli dd _ Adjudicated. Amount Rent in Arre rs $ - 0 - 1~0= 00 a $ . $ . Physical Damages Leasehold Property $ . 0'0 - $ . 00 ° $ .00 Damages/Unjust Detention $ _:pp - $ _ op- $ _ o0 Less Amt. Due Defendant from Cross Complaint - $ . o0 Interest (if prgvided by lease). $ _ L/T Judgment Amount $ _ o0 Q Judgment Costs $ _ 00 Defendants are jointly and severally )fable, Attorney Fees , $ _ ~~ This case dismissed without prejudice. total Judgm~rirt $ . 00 Possession granted. Possession granted if money judgment-is Possession not granted. r~:N+. !~1\T ~A17. 4, 1IGV`;OT,inc„ ` THE ENTRY OF .IUIrQ j~T~8Y Fila~~ A NOTIC COUR~'t~F;COINMONl L'~A~, CI~/i~ DIVISION. ,,. .,,': , ~ 1GOU. A11UST INC4UD~ A' Ci~PY.,QF THISNE~TIC ;JtJbGMENT F•~~~OER' COMA FROM;THE CC ~" . 'JU.DGE. FIL A R ~UES~'~O ' IN FULL, SETTLES, O ~, ,. „3 a pit ~ti.. If ~ / i Post Judgment Credits Post Judgment Costs Certified .Judgment Total ~o sa Is le. y. Ime~o evl ion. IOL~Vi1Q~"A°1~ EN7°UA'~'t*~=S@° N1tAY-~-•IPPE ~OF APPEAL VII F~6 PRQTHON07ARY/CLERI ~ .. .. , . AE~T; IS ENT~RED I,N,'~HI* cQ4~'f bF C'~MM( ~I~TRY O,,~~ 't'~SFACTLON VVIT IiE iIN`;pl.~I~S' Y3TIHERWI~~.Gt~IIAP~IFS WITh, T~E JI'~DGfNP S ) k ~' ~OtJRTS OF THE, ITICE OF APPEAL:., j IICT JIiD~~$~.IFTH~ `Magisterial`District Judge SEAL .. Mir commission expires first. Monday of.January, ` AO C 3158A7 - )1 ~' c EXHIBIT "C" ,, ~, -~'~ ~,vIMONWEALTH OF PENNSYLVANIA rr'll tNTY C~F• CUMBERLAND Mag. Dist. No.: 09-3-03 MDJ Name: Hon. SIISAN R. DAY Address: 229 MILL ST, BOg 167 MT. HOLLY SPRINGS, PA 17065 Telephone: (717) 486-767a Filing Costs $ 92.50 Postage $ Service Costs $ 2~ _ 00 Constable Ed. $ 5.00 Total $ t~50 Pa.R.C.P,D.J. No. 206 sets forth the prevailing parry. .~~;~ LANDLORD AND PLA1NTiFF: TENANT COMPLAINT NAME and ADDRESS r Gf~L 1I1E-`Y~->Q ~ . of o yo~K reD . G~.rh~Us[~j/~, /7v13 .fs~l1~/~A~s aa-~.Pc~Al~oU2 0,4. L ~,?,QPta s~~ f~, f 70 ~3 J VS. DEFENDANT: NAME and aDDRESs r DRYi~ /~1c~7 a~+f• ~ c?d b Y~~FJc /~2~. C/f7PCr5CE"~/~/~. /7o1r3 / 1 l l 1E/QiJ~~ f~`~v' t9 /yladNrrfi~/' v/cam 7'FpR,y~~C" / / Docket No.: LT-257-10 _ ~ Date Filed: 08-18-10 use costs recoverable by TO THE DEFENDANT: The above named plaintiff(s) asks judgment together with costs against you for the possession of real property and for: Lease is ~ Residential ©Nonresidential..5~'r0/-~ /4~~"~~T Gb~R ?a F~1pit~s /hkr~ ~ Damages for injury to the real property, to wit: /1'I y /l~~Ai %`~AxU?/S~c-- Ts~ffT- ~ ~/ ~'1arP,~ 1~~i_~'~/9-,~YD ~~~' ~ .S~~h- ~y D~e,~(~Y, in the amount of: $ Sow -~-~-- Damages for the unjust detention of the real property in the amount of $ Rent remaining due ~ndl~npaid on filing date in the amount of /Q~T ~~ ® UN 7'~L sA-T. ~// ~/lio . NO ~n~ Wi~c 8~ /4'~~~~ ~ And additional rent remaining due and unpaid on hearing date j!a<o.K~ Attorney fees in the amount of a7~' THE PLAINTIFF FURTHER ALLEGES THAT: P/~f a UP$ ~~~_ $~'' Total: $ 1. The location and the address, if any, of the real property is: ~6b ~/dli~R~ ~A ~ ? ~(_ / 2. The plaintiff is the landlord of that property. 3. He leased or rem n` d the property to you ~i ~(~[~LV .~GYQ~~ '~,,,~~cunder whom you claim. 4. /Notice to quit was given in accordance with law, ~ ~ pflflC~9T~~1y srnRE ~Y 81a7~ro W ,4~L ffls ~vRN/7aR~-ftNO -rye/NHS. No notice is required under the terms of the lease. 5. The term for which the propert was leased or rente Is fully ended,O /d ~f7,g~5' F/I?o~17 ~~,Oi¢y ~vo-o~-r ice, ao~o ki,~ ~-Trc~ .ss~RVE~ By coN s~-AafF ~~-.Pvs ~ ussc~~ ~'A forfeiture has resulted by reason of a breach of the conditions of the lease, to wit: ~F ~ Key.- .~ ~ ~oc%~n oUr- 6~ ~y Rent reserved and due has, upon demand, remained unsatisfied. 6. You retain the real property and refuse to give up its possession. I, t~''RRL /I7~.~~_ verify that the facts set forth in this complaint are true and correct to the best of my knowled e, information and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code ~18 PA. C. S. § 4904) relating to unsworn falsification o authorities. _ _ ignature of alnU IF YOU HAVE A DEFENSE to this complaint you may present it at the hearing. IF YOU HAVE A CLAIM against the plaintiff arising out of the occupancy of the premises, which is in the magisterial district judge jurisdiction and which you intend to assert at the hearing, YOU MUST FILE it on a campleint form at this office BEFORE THE TIME set for the hearing. IF YOU DO NOT APPEAR AT THE HEARINl3, a judgment for possession and costa, and for damages and rent if claimed, may nevertheless be entered against you. A judgment against you for possession may result in your EVICTION hom the premises. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Ma ig sterial District Court at the above address or teleph~ ^+e number. We are unable to provide transoortatic "'^ary ., 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. .,~-~-~-~-•~ r o- DAVID MORTON Date: OCTOBER 8, 2010 ~ ~ CARL MEYER, Plaintiff v. DAVID MORTON, Defendant IN 'S'HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2010-5777 CIVIL TERM CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: George F. Douglas, III, Esquire Salzmann Hughes, P.C. 354 Alexander Spring Road, Ste. l Carlisle, PA 17015 IRWIN & McKNIGHT, P.C. By: 1V~~(rcus A~11~cKnight, III, Esquire est Pomfr Street ale. PA 170 3 (717) ~'~'9=23'53 Supreme Court I.D. No. 25476 Date: October 8, 2010 7 CARL MEYER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION- LAW DAVID MORTON, ~-~ ~..~ ~? ~ Defendant NO. 5777-2010 ~~~ ~ ~ ~ `~ ~„ r` ~ - r~ ~ RULE 1312-1. The Petition for Appointment of Arbitrators shall be subst~l - ly`"~n c~ tl following form: ~' :sue .~ PETITION FOR THE APPOINTMENT OF ARBITRATOR5' ° ~ ,-', ~ , -~. TO THE HONORABLE, THE JUDGES OF SAID COURT: George F. Douglas, III, Esq., Salzmann Hughes, P.C., counsel for the plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $9,356.00. The counterclaim of the defendant in the action is $2,750.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Marcus A. McKnight, III, Esq., Irwin & McKnight, P.C. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, _~ George F. Douglas, III, Esq. ORDER OF COURT AND NOW, foregoing petition, Esq., and 2010, in consideration of the Esq., Esq., are appointed arbitrators in the above- captioned action (or actions) as prayed for. By the Court, p,n~-~~~ ~~f ~.ib ~f73t ~ ~~y~j~Q3 J. y CARL MEYER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW DAVID MORTON, NO. 2010 - 5777 Defendant ,~,.,,, ~, ..-~ ~~ ~ ~ ~ r~ " ° ~ ~ ~~ ~ v .~~ REPLY TO NEW MATTER AND COUNTERCLAIM ~,~ .,,~ •~..~., ~~r; c~ ~ ~?r"' ~~ ~• AND NOW, comes the Plaintiff, Carl Meyer, by and through his attorneys, Sa~znn'? _,,, .. >> ^'? Hughes, P.C., and makes the following Reply to New Matter and Counterclaim against the Defendant, David Morton. 10. No response required. 11. Admitted in part and denied in part. Plaintiff conducted his business by appointment only. The Defendant clearly sold many items from the inventory of the Plaintiff. The Defendant did pay Six Hundred and 00/100 ($600.00) Dollars on August 16, 2010 from the proceeds he received from the sales of Defendant's inventory to the Plaintiff. However, he has failed to pay the remaining balance due and owing. 12. Denied. The Defendant is without sufficient facts to determine whether this statement is true or false, so it is therefore denied. 13. Admitted that any agreements between the parties were verbal and not reduced to a written agreement. 14. Admitted that a Complaint was filed on August 18, 2010. The Plaintiff, acting pro se, filed aLandlord/Tenant Complaint form, which was provided and recommended by an employee of the District Court, when a Civil Complaint form was necessary. Therefore, relief was denied at the District Court level. 15. Admitted, because there was never an agreement that the Plaintiff would compensate the Defendant for caring for the inventory of the Plaintiff. The remaining part to this paragraph was addressed in the answer to Paragraph 11. 16. Denied and strict proof of this allegation is demanded at trial. 17. Denied. It is specifically denied that the Plaintiff agreed to accept any items as payment in full. 18. Denied. It is specifically denied that the Plaintiff asserted any ownership interest of inventory belonging to the Defendant. 19. Denied. 20. Denied and specific proof of this allegation is demanded at trial. WHEREFORE, the Plaintiff, Carl Meyer, respectfully requests the Honorable Court to dismiss the Defendant's New Matter and Counterclaim and enter judgment in favor of the Plaintiff in the amount of the revised demand of $9,356.00. Dated: ~ U ~ 9 ~ ~ Respectfully submitted, SALZMANN HUGHES, P.C. By: George .Douglas, III, uire Supreme Court I.D. #61886 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Phone: (717) 249-6333 Attorney for Plaintiff 2 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA :SS COUNTY OF CUMBERLAND CARL MEYER, being duly sworn according to law, deposes and says that the averments of the within Reply to New Matter and Counterclaim are true and correct to the best of affiant's knowledge, information and belief. CARL MEYER Sworn to and subscribed before me this the j ~~" day o 4c~C.r$-tom ,~? Q 10 Notary --- QEORI~ R QOUOUB~ ~Y .NJi~2a- X011 CERTIFICATE OF SERVICE I, George F. Douglas, III, of Salzmann Hughes, P.C., hereby certify that a copy of the foregoing Reply to New Matter and Counterclaim was served this date by depositing the same in the Post Office at Carlisle, Pennsylvania, first class main, postage prepaid, addressed as follows: Marcus A. McKnight, III, Esquire Irwin & McKnight, P.C. 60 West Pomfret Street Carlisle, PA 17013-3222 Respectfully Submitted, SALZMANN HUGHES, P.C. By: ~ eorge F. ouglas, III, E uire Attorney for Plaintiff Attorney ID No. 61886 CARL MEYER, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION- LAW DAVID MORTON, ~~ ,.,,, ~.~a Defendant NO. 5777-2010 •-~~ c`~ wr ..' ~ ~~ ~, ~ =~' ~ RULE 1312-1. The Petition for Appointment of Arbitrators shall be subsl ly`~#'n the ~, following form: PETITION FOR THE APPOINTMENT OF ARBITRATORS` TO THE HONORABLE, THE JUDGES OF SAID COURT: George F. Douglas, III, Esq., Salzmann Hughes, P.C., counsel for the plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $9,356.00. The counterclaim of the defendant in the action is $2,750.00. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Marcus A. McKnight, III, Esq., Irwin & McKnight, P.C. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to (~~~~ ~~ whom the case shall be submitted. ~~ ~f~3~Q3 `"~ ~ , ~ ~ ~ - Respectfully submitted, c 3 - c..~ K.~ ~ ~_ ~' ~- ~ ' - " George F. Douglas, III, Esq. ~(_: ~~,_ Ge ~ ~_,~ ~ ~ w ORDER OF COURT ~-~ ~ 4 ~ ~~ ~ `~' Alm NOW, 02/ , 2010, in consideration of the foregoing petition, ~, Esq., / /CLtii ~~./~.~i.,~, ~i~ ~ Esq., and Esq., are appointed arbitrators in the above- captioned a ion (or a ions) as prayed or. ~~ ,r,~L~ ~ ~ ~~~ °' ~ ~ ~ " O}- ~~J cz° r.~ ~} 10~~~~ t0 ~~'f By the Court, ~7'• /~ J. Plaintiff (1 a? 1 !) *z&-106 Defendant Name Oath we do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Signature Signature Sig tur G,? AS3 al-J Name (Chairman) Law Firm 6r,AeS Vle;?. d Law Firm In The Court of Common Pleas of Cumberland County, PennsylvaniaNo7711 Civil Action - Law. Name Law Fi Address Address Address c$-?.C1S?? \ZO?? ?--•-?_, ?? ?? i?c>k3 .^ l ? l-e ?? l 7?1 z city, Zip city, Zip City, Zip 1101 .7 F3 /dam 1 q Award 2j I l0 We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the 1?? following award: (Note: If damages for delay are awarded, they shall be separately stated.) . Arbitrator, di Date of Hearing: ? t, I Date of Award: _k-2 0 (Insert name if (Chairman) Notice of Entry of Award "?Q__ , •M., the above award was Now, the lay of , 20, at entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' %ampensatfob-to be paid upon appeal: $.2S6.,6,-) i- ' - De u immil-16geIr-i2ei X R Prothonotary p ty OF THE Pi O?M PROTHONOTARY 2010 DEC 16 AM 11: 09 CUMBERLAND COUNTY PENNSYLVANIA ?t