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HomeMy WebLinkAbout10-6961dOMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland COMMON PLEAS No. 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. 17055 Mark Martin NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT and Va CV-00326-10 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. appellant was claimant (see action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothondwy or Do" 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.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 Angela M. Brungard appellee(s), to file a complaint in this appeal Name of appell"(s) (Common Pleas No. within twenty (20) days er s ice of rule or er entry of judgment of non pros. Signature of appellant or attorney or agent RULE: TO a. Arm aT , appellee(s) Name of appeMee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: )%V , 20 /U <-, _44aaa & L? 9_0_-f Prom ary 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 r I,# 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 ; ss AFFIDAVIT: 1 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 ofafriant Signature of official before whom affidavit was made Title of official My commission expires on .20 ?j ?SZ Gl W C/) *4 COMMONWEALTH OF PENNSYLVANIA M. INTY np:. CUMBERLAND Mag. Dist. No.: 09-3-05 MDJ Name: Hon. MARK MARTIN Address: 507 N YORK ST MECHANICSBURG, PA Telephone: (717 ) 766-4575 17055 ATTORNEY DEF PRIVATE : THOMAS, R MARK 101 S MARKET ST MECHANICSBURG, PA 17055-3851 NOTICE O PLAINTIFF: FBRUNGARD, PO BOX 81 GRANTHAM, L VS. J DEFENDANT: NAME and ADDRESS [MASON, DEBRA A. 806 GRANTHAM ROAD MECHANICSBURG, PA 17055 L J Docket No.: CV-0000326-10 Date Filed: 8/23/10 a? THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF (Date of Judgment) ® Judgment was entered for: (Name) BRUNGARD, ANGELA M a Judgment was entered against: (Name) MASON, DEBRA A. in the mmnttnt of .(t 2,289.0(F ? Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. F] Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ 10/12/10 Amount of Judgment $ 2,139.00 Judgment Costs $ 150.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 2,289.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY 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. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COM,MQN FLEAS. AND NO,FURTHER PROCESS;MAY BE -ISSUED BY THE MAGISTERIAL'DISTRICT°JUDG`E UNLESS THE`JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR, ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date Magisterial District Judge 1 certify that this is a true and correct copy of the record of the proceedings containing the judgment: Date , Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-07 DATE PRINTED: 10/13/10 10:41:00 AM F JUDGMENT/TRANSCRIPT CIVIL CASE NAME and ADDRESS ANGELA M 7 PA 17055 w ? 4 r e 1 7 AM ?. 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 r Lj M'8 ckLAI)y>- ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served (0 a copy of the Notice of Appeal, Common Pleas/_ upon the District Justice designated therein on (date of service) N? 20 /0 L] by personal service j by c rtifie (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) / W , on ?4 U 10 20_Z_e2_ ? by personal service b {cIrtifie (regist red) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 1 L vt%- DAY OF 20/0 . S7ature of official before whom affidavit was made Trfle of official r My commission expires onQ I/ 20 Signature of afflant NOTAIpAL =EAL JOETTE L MC9011MEN NMary Pdit >sOU0169ono, CUMNALANO 00 Mr cwtslon Exon Jm I. 2014 fH OF COURT OF COMMON PLEAS Judicial District, County Of Cumberland NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDtNT COMMON F AS No. Notice is given that the appellant has filed in the above Court of Common Pleas:an appeal from the judgment rendered by the District Justine on the date and in the case referenced below. De17ra A. "' son ? 09-3-05 ? Mark Martin ADDRESS APPELLANT CITY ATE ZIP cA?Off " gyp iiintha csbur PA 17055 mrrl' DATE OF JUDGMENT 1N (!F (Defd9 Angela 14. : run and .. Debra A. Mason DOCKET No. OF CV-U032b-1u This block wig be signed ONLY when Oft notation Is re nd under' Pa. ff appeleN was Ciiiiinent (N ie Pa. i?C.P.DJ. No. 10010 in *G&W R.C.P.D.J. No. 1008®. This Notice of Appeal, when received by the Distrid Justice. will open! as a before a Dis&id Jusdm A COA02LNNT MUST BE FILED mWgn tw! * SUPERSEDERS to ale; judormfer peawasim in this hiss. (20) days after Aft the NOTICE of APPEAL. of ar PRl1 CW6 TO SWM WU TO F&E UNT AM !AWE TO'FILE (This section of lean to be used ONLY when apyr ard.was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in acfton before District Justice. IF NOT USED, datech from copy o1rna6ce o(a N# be served upon sApedae. PRAECIPE: To Prothonotary Enter rule upon Angela M. Brungard appello*s), to file a complaint in this appeal N" dapp"Ws) (Common Pleas No. win twenty (20) days of ntle entry of judgment of non pow. Sowift rs dappsfr+t orsa1- wor"" RULE: To ?W/-tt •,. appe?lee(S) fn ? Jam' (1) You are n9lified that a rule is trentered upon to tea a complaint in this appeal within twenty (20) days after the date of service of thisrule upon attt. (2) If you do rWW,:t odr T OF NON PROS MAYBE ENTERED AGANST YOU. (3) The?.da!(e of Vii4of:3i4' if,,se+vice was by mad is the dents of the nom. _? Date: YOU MUOV t wl? TUE 03TMOF JM RLfi+l USCMPT ! WrM THO NOTWE OF APPtEItI. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY RINK - COPY TO BE'SERVED -ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE ¦ Complete items 1, 9, and 3. Also complete A Item 4 If Restricted Delivery Is desired. Agent ¦ Print your name and address on the reverse x ? Addressee so that we can return the card to you. 8. R by Name) j C. Oace at Delivery ¦ Attach this card to"the back of the mallpiece, rVi or on the front if space permits. Yes 1. Article Addressed to, /y D. M Is d#my YES, enter 13 ? t CO h? ?N pN, ?ENHS1'?VANIA 4 / C - CO 3 A { CG?C?ertlned ? e??? ? R ? IMired C.O.D. 4. Restricted Del bZ Yes 2. Article Number Mansforf m service label) 7008 1830 0003 8 218 4153 i PS Form 3811, February 2004 Domestic Retum Receipt 1025%-02-Wi540 M rrt , s FF F-O now S E m . tv co Postage $ Certified Fee M Postmark 0 O Retum Recelpt.Fee (Endorsement Regwred) Here Restricted pellw"y Fee a (Endorsement Required) M cO Total Postage & Fees [ _ $ CO Sent To " A 0 0 N or PO OXN 6? ? - I/ _.-.1 ................... City, Staff P+4 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS iw Uicial District, County Of Cumberla id NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT i COMMON PLEAS No. /9 - ?G 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. - NMM of APPEUAW ---- AAAG. DKST. NO. MIME ur U .J. Abra _A Mason 09-3-05 mark Martin PM CITY STATE LP CODE .Q rz-rnntham h nicsbur FP. 17055 DATE OF JUDCA* Nr W TM CASE of (PAomm 1 4 10/12/10 Angela M. Brun art; w Debra A. Mason DOCKET No. SAtsNATUF of out A `i ai AGENT CV-00326-10 J This block will be signed ONLY when this notation is required under Pa. if appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDERS to the judgment for possession in this case. (20) days after firing the NOTICE of APPEAL Soma" &Proommmy arDepw 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.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 Angala 1,11 • Brungard appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ?C G 91 ) within twenty (20) days r of rule o entry of judgment of non pros. Slg Wwe of appedimtoraNomey crag" RULE: To ?/?ru??(itU /? . appellee(s) lJ Nam of app a"(3) y f (1) You are notified that a rule is hereby entered upon you to fie a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not:file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of sennce ofthis rule'if service was by mail is the date of the mailing. ?` 1l ? ? Date: 20 ;/1 r / % Jl1J /:G°f.? - lsfgn.e.. ?PraMiono?tary YOU MUST INCLUDE= COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of C=beriand FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has fled in the above Court of Common Pleas an appeal from the judgment rendered by the Distrid Justice on the date and in the case referenced below. MAW Ur rrrPtS.ann r wKS. u"". ra+. MAIN-Ur u.1 Vabra A. Mason 09-3-05 mark "rtin OF APPELI ANT CITY STATE LP CODE 806 Grantham Road Mechanicsburg, pa 17055 DATE OF JUDGMENT ei THE CASE of (Fwd1) (DMi?edrit)' 1 U 1121 1 >a Angola M. Btungar(-' ,s Debra A. <<4a1t30T1 DOCKET No. SIGNATURE OF APPEUANT OR ATTORNEY OR AGENT when Oft notation is required under Pa. R.C.P.D.J. No- 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDE4S to the judgment for possession in this case. It appenant was Gla mnt (see Pa. R.G.P.D.J. M- 7007(457 in ac0on before a District Justice, A COMPLAINT MUST BE RLED within twenty (20) days after tiling the NOTICE of APPEAL SJgn -*&PM d-wtryorDsWy WHITE- COURT FILETO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE s r9 ?O ?FF 7C ?11AA ?LL LU S E r? Postage $ Fee m Postmark Retum Fee Q ( Required) _ .3 d Here R==D M (ERequired) M M Total Postage B Fees rl - CO to C3 ? o no Booxl No. _!/.? _LU :... {!?.. ' ._ ._ ...... 3 (tents 1, 2, and 3. Also Complete - - -- - - - / gest ricted Dellvery is desired. 21P+4 ?-- r name and address on the reverse e can return the card to you. Is card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to- h 7 IIAI, ;)Fn? C!iz. 71 A. Agent Received by (Prirrted Name) C. Date of Delivery 1s delhrery addtese d iftrent from Item 1? ? Yea If YES, enter delivery address below: ^0 a. lype t9pvloe cerYllsd Idaa t7 Wiali ' J J 13 Registered X4 Return Receipt ferfolBrMM"se 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? ffxft Fee) 0 Yes 2. Article Number Martsfer tiom servke rabei) ?008 1830 0003 8 218 4146 PS Form 3811, February 2004 Domestic Return Receipt 102595.02-WI54c NOTICE OF APPEAL ANGELA M. BRUNGARD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 10-6961 CIVIL TERM DEBRA A. MASON, CIVIL ACTION - LAW ? P'J Defendant rnw a =r zr x= rn "= rn ro - --Kr > o r o? To: Debra A. Mason r?X =° C/o R. Mark Thomas, Esquire ? s . 101 S. Market Street Q ~ rrZ Mechanicsburg, PA 17055 ? w 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 (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING AN ATTORNEY. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED OR NO FEE. LAWYER REFERRAL SERVICE 4th Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 ANGELA M. BRUNGARD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 10-6961 CIVIL TERM DEBRA A. MASON, CIVIL ACTION -LAW Defendant COMPLAINT AND NOW, this day of November 2010, comes the Plaintiff, Angela M. Brungard, by and through her undersigned attorney Joseph L. Hitchings, Esquire, and avers in support of her Complaint against Defendant, Debra A. Mason, as follows: 1. Plaintiff, Angela M. Brungard is an adult individual with an address of P.O. Box 81, Grantham, Cumberland County, Pennsylvania 17055. 2. Defendant, Debra A. Mason is an adult individual currently residing at 664 Woodbourne Road, York County, Pennsylvania, 17339. 3. At all times material hereto, Defendant was the owner of a single family home located at 806 Grantham Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 4. At all times material hereto the relationship between the Plaintiff and the Defendant was Daughter and Mother. 5. Beginning on or about December 28, 2009, Plaintiff rented the home from the Defendant located at 806 Grantham Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055, and moved her personal belongings, including furniture, clothing, appliances, and other items into the residence. 6. Although the parties had no formal, written lease agreement, Defendant did provide to Plaintiff a written list of expenses that she would need to pay as rent. 7. Plaintiff and her newborn son continued to reside in the residence at 806 Grantham Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055, until July 2, 2010, when Defendant changed the locks and refused Plaintiff access to the property. 8. Defendant subsequently filed a Complaint before the Magisterial District Judge Mark Martin, seeking money damages and an Order of possession. 9. Following the hearing before Judge Martin, a date was set for Plaintiff to return to the property to retrieve her personal property from the residence. 10. On or about July 25, 2010, Plaintiff and several friends came to the Grantham Road property to retrieve Plaintiff's property. Upon entrance into the property, Plaintiff saw that some of her property had already been placed in boxes, and Plaintiff was restricted from going into certain areas of the house where some of her belongings were located. 1 l . Defendant refused to permit the Plaintiff to remove various pieces of furniture and other items which belonged to the Plaintiff. A true and correct list of the property that Defendant retained belonging to Plaintiff, and the value of the same, is attached hereto and incorporated herein as Exhibit "A". 12. Defendant has unlawfully and without justification retained property belonging to the Plaintiff, and has refused to either return the property or pay the value of the same to the Plaintiff. 13. During the time that Plaintiff resided in the property, she parked her 2003 Honda Civic backed into the driveway. 14. After July 25, 2010, Plaintiff's father returned to the property to remove Plaintiff s vehicle and noticed that the hood, passenger door, and rear quarter panel, and driver's side door were damaged. This damage did not exist prior to July 25, 2010. 15. It is believed and therefore averred that Defendant vandalized Plaintiffs car causing three thousand six hundred ten dollars and forty cents ($ 3,610.40) in damages. WHEREFORE, Plaintiff, Angela M. Brungard, demands judgment against the Defendant, Debra A. Mason., in the amount of tenthousand seven hundred sixty seven dollars and forty cents ($10,767.40), plus costs, and interest, which is less than the amount requiring this case to be submitted to compulsory arbitration. Respectfully submitted, Law Office of Joseph L. Hitchings Date:Ji scI!o seph L. it king , ui Attorney I.D.# 65551 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 458-8123 Fax: (717) 790-6019 Attorney for Plaintiff VERIFICATION 1, Angela M. Brungard, verify that the statements made in this Complaint are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. 11,331 to ! ?.a'' Date Angela . Brungar EXHIBIT (*(* x 0) Property That I am Missing Kitchen Items Glass Salt and Pepper Shakers 5.00 Glass Sugar Pourer 5.00 Glass Butter Dish 5.00 Large Colander 24.00 2 Wine Bottle Openers 53.00 Hand Mixer Beaters 60.00 Miscellaneous Utensils (pizza cutter, cheese grater, potato peeler, etc.) 28.00 3 Cutting Boards (1 large, 2 small) 30.00 4 Baking sheets 32.00 2 Disposable baking sheets 8.00 2 Metal Roasting Pans (1 large, 1 small) 84.00 2 Martini Glasses from the Caribbean 20.00 3 Cook Books and Recipes 65.00 Assortment of Spices and Baking Items (Flour, Sugar, Brown Sugar, Corn Starch, 4 Bottles of Extra Virgin Olive Oil, Peanut Oil, 2 Bottles of Soy Sauce, Cider Vinegar, White Vinegar, Apple Vinegar, Vanilla Extract, Cinnamon, Cinnamon and Sugar Mixer, Onion Powder, Minced Onions, Garlic Powder, Minced Garlic, Red Crushed Peppers, Grounded Sage, Grill Master Spices, etc.) 150.00 Food (Chocolate Chips, Peanut Butter, Marshmallow Fluff, Prego Spaghetti Sauce, Box of Angel Hair Pasta, Can of Cream Corn, 2 Cans of Sauerkraut, 3 Cans of Water Chestnuts, Italian Dressing and Glass Bottle it was Kept In, Potato Sticks, Bacon Bits, Croutons, 2 Bottles of Maple Syrup, Carrots, Lebanon Bologna, Cheese, Lean Pockets, Gatorade, 3 Water Gallons etc.) 150.00 Miscellaneous Grandmother's Ring 1800.00 Trash Can 17.00 2 Beach Towels (Heineken, Guinness) 40.00 Assortment of Batteries (AAA, AA, C, D, 9v) 60.00 Remote Control Truck 200.00 3 Games (Uno, Dominos, Yatzee) 63.00 Video's 100.00 3 Bottles of perfume (Victoria Secret Very Sexy, Heavenly Angel, and Pear) 103.00 2 Sticks of Deodorant (Secret Clinical Strength still in Boxes) 24.00 Vases (1 Large Crystal Flowered, 1 Small Glass, 1 Large Glass) 170.00 Hammer 20.00 Painting Equipment (Painters Tape, Paint Brush, Roller, Rolling Pins, Paint Tray, Paint) 50.00 3 Jewelry Boxes 60.00 Voice Recorder 25.00 Wireless Router 60.00 4 Picture Frames 40.00 2 Large Yankee Candles 40.00 Christmas Decorations 1000.00 Christmas Ornaments 1000.00 Cleaning Supplies Laundry Detergent (Tide 150 oz.) 20.00 2 Boxes of Dryer Sheets 10.00 Cleaning Chemicals (Toilet Bowl Cleaner, Lysol, Kitchen Cleaner, Windex, Lysol Mildew Remover, etc.) 50.00 Paper Towels (10 Rolls) 17.00 Hand Soap Refill 5.00 6 Pack of Sponges 5.00 Camping Gear Lantern 20.00 2 Flash Lights 27.00 Tent Poles 120.00 2 Tarps (20x20, 16x20) 38.00 18 Stakes 12.00 Rubber Mallet 13.00 Rope 45.00 4 Sleeping Bags 148.00 Air Mattress Pump 39.00 Grilling Utensils 40.00 4 Grilling Spears 12.00 Grill Grate 12.00 Citronella Candle 15.00 Table Cloths 20.00 Seat Covers 10.00 2 Folding Chair 32.00 Hatchet 26.00 Jumbo Foil Wrap 20.00 2 Long Lighters 15.00 Furniture Book Shelf 100.00 Dresser 250.00 Hutch 200.00 Crib 150.00 Rocking Chair 75.00 CD Rack 20.00 Total $7,157.00 ANGELA M. BRUNGARD, Plaintiff V. DEBRA A. MASON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 10-6961 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service via First Class US Postal Services Postage Pre-paid R. Mark Thomas, Esquire 101 S. Market Street Mechanicsburg, PA 17055 Date:. 11 1:1 C' Law Office of Joseph L. Hitchings b"VA-- /Joseph L. itc s, Esquire Attorney I.D.# 65551 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 458-8123 Fax: (717) 790-6019 Attorney for Plaintiff ANGELA M. BRUNGARD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVQNI? V DOCKET NO. 10-6961 CIVIL TERM rn t-`, . 1, 7 7-71 QJ DEBRA A. MASON, CIVIL ACTION -LAW Defendant - c = -, CDC) REPLY TO NEW MATTER AND ANSWER TO COUNTERCLAIM AND NOW, this day of February, 2011 comes the Plaintiff, Angela M. Brungard, by and through her undersigned attorney Joseph L. Hitchings, Esquire, and replies to Defendant's New Matter and answers Defendant's Counterclaim, as follows: NEW MATTER 16. Paragraphs 1 through 15 of Plaintiff's Complaint are incorporated herein by reference as if more fully set forth at length. 17. Denied. It is believed and therefore averred that the date set forth in paragraph 17 is incorrect, so the allegation is denied. It is believed that Defendant intended to plead the date of December 28, 2009. 18. Denied. Again, the alleged date is incorrect so the allegation is denied. By way of further answer, the Plaintiff, with Defendant's help removed Plaintiff's son and herself and moved into the residence located at 806 Grantham, Road. 19. Admitted in part, denied in part. It is admitted that Defendant is Plaintiff's mother; however it is denied that Plaintiff was in a "desperate situation" as alleged. By way of further answer, Plaintiff and her boyfriend at the time, James Volpicelli agreed to move into the Grantham Road residence on Christmas day 2009, but did not decide on when the move would occur. On December 26, 2009, Defendant phoned Plaintiff and advised her she and Mr. Volpicelli were moving into the residence on December 28, 2009, because that fit Defendant's schedule. 20. Denied. Defendant provided to Plaintiff a handwritten list of bills that Plaintiff would be expected to pay, including real estate taxes on the property. Defendant was not working and had not worked for over 10 years and needed Plaintiff's assistance in paying bills associated with the residence. 21. Denied. James Volpicelli, Plaintiff's boyfriend at the time, moved into the Grantham Road residence on December 28, 2009; the same day Plaintiff moved in. As plead above, the decision to move into the Grantham Road residence was made on Christmas Day between Plaintiff and Mr. Volpicelli in front of Defendant. 22. Denied. In April 2010, Mr. Volpicelli had put a hole in a wall at the Grantham Road residence. Approximately one week later, Plaintiff and Mr. Volpicelli arranged a meeting with Defendant and Robert Fetterolf, her paramour, to discuss the damages and to question why Plaintiff and Mr. Volpicelli had to pay every bill associated with the property, despite the fact that they were limited to a small section of the house. 23. Denied. At the end of the meeting which occurred in April 2010, not June 2010, Defendant advised Plaintiff and Mr. Volpicelli, that they would have to fix the wall at their cost. Defendant also stated that if damage like that occurred again, Mr. Volpicelli would have to remove himself from the property. The meeting was not a "confrontation" as alleged, nor was Plaintiff told if she continued to allow Mr. Volpicelli to reside in the residence that she would have to leave too. 24. Denied. Defendant never said a word to Plaintiff at the meeting that she would have to leave or that she had 30 days to remove herself from the property. 25. Denied. James Volpicelli decided to move out of the property in June 2010 due to the ending of the relationship with the Plaintiff and the difficulties in dealing with Defendant. By way of further answer, when Mr. Volpicelli moved out of the property, Defendant would not let him remove any of his personal property. Defendant advised Plaintiff and Mr. Volpicelli that if he did not give Plaintiff money to pay the rest of the bills for that month, including property taxes, she was going to sell his belongings. 26. Denied. Mr. Volpicelli was not residing at the property on July 1, 2010. By way of further answer, on July 1, 2010, Mr. Volpicelli came to the Grantham Road residence to visit Plaintiff and his godson. He was not residing at the property as he had moved out the prior month. Mr. Volpicelli did ask the Plaintiff if he could take some of his personal belongings, such as his work clothing and shoes, because Defendant would not let him take them when he had moved out the month before. 27. Denied. Late in the evening on July 1, 2010, Defendant stormed into the residence and started screaming at Mr. Volpicelli, telling him to leave. Mr. Volpicelli said ok and left the residence. After Mr. Volpicelli left, Defendant started screaming at Plaintiff and ripping cable wires out of the wall that were plugged into Mr. Volpicelli's television. Defendant carried on like this in front of Plaintiff s infant son. Defendant then called the Upper Allen Township Police, and advised the responding officer that she wanted Plaintiff and her infant son removed from the property. When the officers refused to do this Defendant became increasingly agitated, and was advised to contact Magisterial District Judge Martin and follow the appropriate civil process. Defendant left the property only to return a short time later, screaming, pounding on the doors and demanding she be let in to Plaintiffs bedroom. Plaintiff, out of fear of Defendant, had barricaded herself and her sleeping infant son in the room. Plaintiff then called 911 and Upper Allen Township Police officers responded and directed an irate Defendant to leave the property or she would be arrested. On July 2, 2010, Plaintiff left the residence with her infant son, to run some errands and look for another apartment. When she returned, Defendant had changed all the locks and refused to let Plaintiff in to even retrieve her son's baby food. By way of further answer, Defendants conduct resulted in Plaintiff s issuance to her of a cease and desist with no contact letter from her prior counsel. 28. Admitted in part, denied in part. While it is admitted the Upper Allen Township Police advised Defendant of the civil process before a magistrate to evict the Plaintiff, it is denied that she followed that civil process before exercising self help and locking the Plaintiff out of the residence. COUNTERCLAIM I - CONVERSION 29. Paragraphs 1 through 28 of Plaintiff s Complaint and Reply to New Matter are incorporated herein as if more fully set forth at length. 30. Admitted in part, denied in part. While it is admitted that Plaintiff entered the residence between July 2, 2010 and July 25, 2010 to retrieve her personal belongings and clothing, because she did not have these items since Defendant locked her out of the property, it is denied that she took the items listed in paragraph 30, or if she did, it is denied that they were hers. By way of further answer, When Plaintiff s grandparents passed away, Plaintiff and her sister, Michelle Mason, inherited some of their belongings. Ms. Mason inherited their grandfather's wedding band and some of her grandmother's glass and crystal figurines along with the cabinet in which they were kept. Plaintiff inherited their grandmother's wedding rings, and half her glass and crystal figurines. Plaintiff obtained 10 such figurines, however they were the glass figurines Plaintiff had bought for her grandmother or the ones she and her grandfather had picked out for her grandmother. From her grandfather, Plaintiff inherited copies of their wedding pictures and his military flag presented at his funeral. These items were promised to her along with along with two pictures and the frames they were in. Regarding the rings Plaintiff inherited, Defendant asked Plaintiff to let her where the rings, and Plaintiff has not seen them since, but wants them back as alleged in the Complaint in this matter. With regard to the camera, Plaintiff has never seen the camera, and disputes the alleged value. With regard to the tube of quarters, while living in the property, Defendant asked Plaintiff and Mr. Volpicelli to move Defendant's bedroom furniture to the garage. While moving furniture the plastic stick broke and Plaintiff placed the quarters in a tin can and placed the can in Defendant's night stand, where she kept her other loose change. Defendant was advised of this when it happened. Plaintiff has not seen the quarters since. With regard t the hunting equipment and tools, it is denied that Defendant ever owned any hunting equipment, nor has the Plaintiff. Although Defendant's paramour is a hunter, since he and the Defendant live at his residence, he keeps his hunting equipment there and not at the Grantham Road property. Defendant has acquired three fully stocked rolling tool boxes from her husband, James, a previous boyfriend, Alan Steck, and his son, Justin Steck. Similar to the underlying case, Defendant retained Mr. Steck's property when he moved out resulting in civil action being filed against Defendant. Plaintiff has not taken any tools or equipment from the property belonging to Defendant. With regard to the Defendant's engagement ring, in June 2010, Defendant's paramour, Robert, called Plaintiff to advise her Defendant had been drinking and took some pills in an attempt to kill herself. He was calling Plaintiff asking what to do as Defendant was unresponsive. Plaintiff advised to take her to the hospital. The next day, Defendant called Plaintiff crying and told her Robert had thrown away her engagement ring. Plaintiff had no access to this ring as Defendant wore the ring her finger and did not live in the Grantham Road property or keep her jewelry there while Plaintiff lived there. 31. Denied. See Answer to paragraph 30 above. By way of further answer, Plaintiff did not remove anything from the property that did not belong to her. By way of still further answer, Defendant did not raise these claims initially when Plaintiff s complaint was heard by the magistrate. WHEREFORE, Plaintiff, Angela M. Brungard, demands judgment against the Defendant, Debra A. Mason., as set forth in her Complaint. COUNTERCLAIM II - TRESPASS TO CHATTELS 32. Paragraphs 1 through 31 of Plaintiff s Complaint, Reply to New Matter, and Answer to Counterclaim Count I - Conversion are incorporated herein as if more fully set forth at length. 33. Denied. Plaintiff never snuck into the Grantham Road property or broke in, and never caused damage to any patio doors. Any time the Plaintiff entered the property she used the garage door opener which Defendant had given to her. 34. Denied. Defendant already brought a civil action against Plaintiff for the cost of the doors, and that claim was heard before Magistrate Martin. Judgment was entered in Defendant's favor, and Plaintiff paid to Defendant the cost of judgment. No appeal was filed. As a result, the matter has already been litigated and is not a valid counterclaim in this pending case. By way of further answer, this claim is barred by the doctrine of accord and satisfaction. 35. Denied. Plaintiff never damaged any Willow Tree statue belonging to the Defendant. WHEREFORE, Plaintiff, Angela M. Brungard, demands judgment against the Defendant, Debra A. Mason., as set forth in her Complaint. Respectfully submitted, Law Office of Joseph L. Date: - -?5-- (Joseph L. Hitchings, 2141ir, Attorney I.D.# 65551, 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 458-8123 Fax: (717) 790-6019 Attorney for Plaintiff VERIFICATION I, Angela M. Brungard, verify that the statements made in this Reply to New Matter and Answer to Counterclaim are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date! Angel M. Brungar ANGELA M. BRUNGARD, Plaintiff V. DEBRA A. MASON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 10-6961 CIVIL TERM : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service via First Class US Postal Services Postage Pre-paid R. Mark Thomas, Esquire 101 S. Market Street Mechanicsburg, PA 17055 Date: T Law Office of Joseph L. Hitchings seph L. itchings, quire Attorney I.D.# 6555 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone: (717) 458-8123 Fax: (717) 790-6019 Attorney for Plaintiff M,v,r LA A1..ntin/ 6AX To the Court: vs Case No. / 0 " 76 1 (7cf� A. , 1,qs0 n/ ,'i co STATEMENT OF INTENTION TO PROCEED -- -v —4 intends to proceed with the above captioned matt r. Af) q, 1, ''i 4 Print Name V -j I L„ t “, hy CO Sign Name Date: 10- a 1- / `( Attorney for , M_ di vn IMPORTANT NOTE rd' In the event that this is a second or subsequent filing of a Statement of Intention to Proceed, this matter will be referred to the President Judge for the purpose of conducting a status conference involving all counsel. The goal of the status conference will be to set the matter for trial or other final disposition within a time certain. Prior to the status conference, Counsel will be expected to submit to the court, in writing, a proposed schedule for the completion of discovery, the filing of dispositive motions and a report as to whether alternative dispute resolution has been used or discussed.