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HomeMy WebLinkAbout01-3279COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL '"J"~ ;"' JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the ap~llant h~ filed in the ~o~ ~ud of Common Ple~ an appeal from the judgment rendered by the Dist~ Justice on the date and in the ca~ mentioned ~low. ~r A~ OF APPEL~T CITY STATE ZIP u04 Salem ~oad Ette~:s r'A ]7319 ~,E OF JU~ME~ I IN THE C~ OF f~TIFF) (~N~T) t. 5..'U4/.31 I Holiday ~ur & Travel, Inc~. v. ?aylor~Steve,'Cart Master. ThiSR.c.p.j.p.block wilINo. ~1008B.signed ONLY when this notation is ~ui~ under PA. ~llan~s Claimant (s~ PA R.C.P.J.P. This notice of Appeal, when mceiv~ by the Di~ Julia, will o~rate ~ No. I~) in a~ion ~ d~t~t Just~, he A SUPERSEDEAS to the Judgment for p~se~ion in this c~e. MU~T FILE A ~P~INT within t~nty (~) days a~er fili~ his NOTICE of APPEAL. PRAECIPE ~O ENTER RULE TO FILE ~MPLNNT ~D RULE TO FILE (This s~ion of fo~ to ~ u~ ONLY ~ a~nt ~ DEFENDANT (s~ PA R.C.P.J.P. ~. 1001(7) in a~ion b~om Dist~ Justin. IF NOT USED, ~ch from ~y of ~i~ ~ ~1 to ~ se~ u~n a~l~. PRAEClPE: To Prothonota~ Enter mle upon ~-Z~_~.~ = -" ~=~vc[ , ..... r,~ .ap~llee(s),tofileacomplaintinlhis~al ~ ~thin twenty (20) days seer se,ice of mis or suff~t~ of ju~ment of non p~. (Common Ple~ No. You 8re notifi~ thru B ru~' i6 hereby entered upon you to file 8 compisint in thi~ ~1 w~hin ~enty(~O) 8~eF the dine o~ ~e~ o~ ~his rule upo~ ~U by ~monel se~i~ oT by ce~ified oF ~giste~d m~l. (2) If you d0 not filea~mp ai~ ~thin t~is tim~, ~ JUDGMENT OF NON PROS WiLL ~E ENTERED AGAINST YOU (3) ~e date ~ ~i~ of this'rule'~ ~w~ w~ ~y mail is the date of the mailing. G~n - Cou~ File C~y YMI~ - A~ant's C~y Go~ - D.J. C~ P~h. - 76 rtl ~ · .. ~ ~ ~ -~) ~ .. .¢...,~ ~ ., PR~F OF ~fHVlC[ OF MOTICE OF APPEAL ~D RULE TO FILE COMPL~ ] ~ ~ MUST BE FILED WI~IN TEN (10) DAY8 A~ER lill~ : ,.. t',~tlce ol appeal. 6h~k ~licable ~xes) H~ 31 zuu~ · ... / '~,~ _1 HOLIDAY TOUR & TRAVEL, INC., : IN THE COURT OF CO~ON PLEAS : CUMBERLAND COUNTY, PA Plaintiff : v. : NO. 01-3279 : STEPHEN W. TAYLOR and : CART MASTERS, INC., : : CIVIL ACTION - AT LAW Defendants : TI Z TO PLEAD TO Marc A. Moyer, Esquire counsel for Stephen W. Taylor and Cart Masters, Inc.: You are hereby notified to file a written response to the enclosed COMPLAINT within twenty (20) days from service hereof or a judgment ~y be entered against you. LAW OFFICES STEPHEN C. NUDEL, PC Attorney ID #41703 Mark W. Allshouse, Esquire Attorney ID ~78014 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff HOLIDAY TOUR & TRAVEL, INC., : IN THE COURT OF C0~40N PLEAS : CUMBERLAND COUNTY, PA Plaintiff : : v. : NO. 01-3279 STEPHEN W. TAYLOR and : CART MASTERS, INC., : : CIVIL ACTION - AT LAW Defendants : AND NOW, comes Plaintiff, Holiday Tour & Travel, Inc., by and through its attorneys, Law Offices Stephen C. Nudel, PC, and respectfully files this Complaint and avers as follows: 1. Plaintiff, Holiday Tour & Travel, Inc., is a Pennsylvania corporation with a business address of 829 State Street, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant Stephen W. Taylor is an adult individual with an address of P.O. Box 85, Etters, Dauphin County, Pennsylvania 17319. 3. Defendant Cart Masters, Inc. is a Pennsylvania corporation with a registered business address of 335 2"4 Street, Highspire, Dauphin County, Pennsylvania 17034 ("Cart Masters"). 4. Plaintiff's business provides tour and travel arrangement services and information including, but not limited to, the purchasing of airline tickets for customers. COUNT I. HOLIDAY TOUR & T~AVEL. INC. v. STEP~W. TAYLO~ 5. The averments contained in Paragraphs 1 through 4 of Plaintiff's Complaint are hereby incorporated by reference as if set forth at length. 6. On or about September 22, 2000, Defendant Taylor contacted Plaintiff and purchased two (2) airline tickets from Plaintiff for Marlin Hoffman and Gregory Carroll in the amount of $162.00 each. 7. On or about October 19, 2000, Defendant Taylor contacted Plaintiff and purchased an airline ticket from Plaintiff for Marlin Hoffman in the amount of $338.00. 8. On or about November 22, 2000, Defendant Taylor contacted Plaintiff and purchased two (2) airline tickets from Plaintiff for Defendant Taylor and Marlin Hoffman in the amount of $484.00. 9. Defendant Taylor was invoiced for the tickets purchased within fifteen (15) days of each purchase. 10. On or about March 16, 2001, Plaintiff notified Defendant Taylor that payment was past due for the above referenced purchases and requested payment in the amount of $1,146.00. 11. Despite request, Defendant Taylor has refused to make payment. 12. Pursuant to the terms and conditions of the ticket purchase, Plaintiff is entitled to a finance charge of 1.5% per month (18% per annum) on all invoices not paid within thirty (30) days of billing. 13. As a result of Defendant Taylor's failure to make payment to Plaintiff, an action was filed at the District Magistrate and costs were incurred in the amount of $75.50. 14. As a result of Defendant Taylor's failure to pay Plaintiff, Defendant is liable to Plaintiff as follows: Amount due for 5 tickets $ 1,146.00 Interest on amount past due ~ (1.5%) $ 135.12 District Magistrate costs S 75.50 TOTAL: $ 1,356.62 WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment on behalf of Plaintiff and against Defendant Taylor in the amount of $1,356.62 together with interest, COSTS of suit and attorneys fees. COUNT II. HOLIDAY TOUR & TP~%VEL. INC. v. ~a~ ~ASTm~, IN¢ 15. The averments contained in Paragraphs I through 14 of Plaintiff's Complaint are hereby incorporated by reference as if set forth at length. 16. Count II of Plaintiff,s Complaint is being plead in the alternative to Count I. 17. On or about September 22, 2000, Defendant Cart Masters contacted Plaintiff and purchased two (2) airline tickets from Plaintiff for Marlin Hoffn%an and Gregory Carroll in the amount of $162.00 each. 18. On or about October 19, 2000, Defendant Cart Masters contacted Plaintiff and purchased an airline ticket from Plaintiff for Marlin Hoffman in the amount of $338.00. 19. On or about November 22, 2000, Defendant Cart Masters contacted Plaintiff and purchased two (2) airline tickets from Plaintiff for Defendant Taylor and Marlin Hoffman in the amount of $484.00. 20. Defendant Cart Masters was invoiced for the tickets purchased within fifteen (15) days of each purchase. 21. On or about March 16, 2001, Plaintiff notified Defendant Cart Masters that payment was past due for the above referenced purchases and requested payment in the amount of $1,146.00. 22. Despite request, Defendant Cart Masters has refused to ~ke payment. 23. Pursuant to the terms and conditions of the ticket purchase, Plaintiff is entitled to a finance charge of 1.5% per month (18% per annum) on all invoices not paid within thirty (30) days of billing. 24. As a result of Defendant Cart Masters' failure to make payment to Plaintiff, an action was filed at the District Magistrate and costs were incurred in the amount of $75.50. 25. As a result of Defendant Cart Masters' failure to pay Plaintiff, Defendant Cart Masters is liable to Plaintiff as follows: Amount due for 5 tickets $ 1,146.00 Interest on amount past due ~ (1.5%) $ 135.12 District Magistrate costs $ 75.50 TOTAL: $ 1,356.62 WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment on behalf of Plaintiff and against Defendant Cart Masters in the amount of $1,356.62 together with interest, costs of suit and attorneys fees. Respectfully submitted, LAW OFFICES STEPHEN C. NUDEL, PC S~ephen C. Nud~A, E~quire Attorney ID #41703 Mark W. Allshouse, Esquire Attorney ID ~78014 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff VEH~ I, Joan M. Borreli, President of Holiday Tour & Travel, Inc., being authorized to do so, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. HOLIDAY TOUR & TRAVEL, INC. ~: Joan M~ B-orreli e President HOLIDAY TOUR & TRAVEL, INC., : IN THE COURT OF C0~d0N PLEAS : CUMBERLAND COUNTY, PA Plaintiff : v. : NO. 01-3279 STEPHEN W. TAYLOR and : CART MASTERS, INC., : : CIVIL ACTION - AT LAW Defendants : CZ~TIFICAT~ OF SZ~VICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: Marc A. Moyer, Esquire Duane, Morris & Heckscher LLP 305 North Front Street 5'h Floor P.O. Box 1003 Harrisburg, PA 17108-1003 Ma~k W. Allshous~, Esquire 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorney ID #78014 Attorney for Plaintiff HOI.I~AY TOUR & TRAVEL, INC., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY Plaintiff, : PENNSYLVAN/A : V. : : No. 01-3279 Civil Term STEVE TAYLOR/CART MASTERS, INC., : : Defendants. : PETITION OF DUANE. MORRIS & HECKSC~-~gR LLP. FOR LEAVE OF COURT TO WITHDRAW AS COUNSEL FOR CART MASTERS, INC The law firm of Duane, Morris & Heckscber LLP respectfully moves, in accordance with Pennsylvania Rule of Civil Procedure 1012, for leave of court to withdraw as counsel for Defendant Cart Masters, Inc. and, in support thereof avers the following: 1. On May 31, 2001, Defendant Cart Masters, Inc. served upon Plaintiff Holiday Tour & Travel, Inc. a proof of service of Notice of Appeal and Rule to File a Complaint arising out of the Judgment entered by District Justice Charles A. Clement, Jr. at Docket No. CV-0000191-01. 2. To date, no Complaint has been filed in this matter. 3. To date, no discovery in this matter has taken place. 4. As of May 31, 2001, Defendant Cart Masters, Inc. has not tendered to Petitioner Duane, Morris & Heck.~cber LLP fees incurred for legal services rendered on Cart Master, Inc.'s behalf. 5. Petitioner has repeatedly attempted to receive clarification from Cart Masters, Inc. regarding its continued t~presentation of Cart Masters, Inc. and the outstanding legal fees presently due and owing to Petitioner. 6. To date, Cart Masters, Inc. has not responded to Petitioner's requests for clarification regarding Cart Master, Inc.'s intentions with respect to its outstanding legal fees or Petitioner's continued representation of Cart Masters, Inc. 7. Based upon Cart Masters, Inc.'s continued failure to tender payment of its legal fees to Petitioner and Cart Masters, Inc.'s failure to communicate with Petitioner regarding its continued representation of Cart Masters, Inc. and non-payment of said fees, Petitioner seeks to withdraw from its representation of Cart Masters, Inc. 8. To date, Cart Masters, Inc. has not provided Petitioner with information regarding whether it has retained other counsel in this matter. 9. Petitioner therefore requests a stay of ninety (90) days in this matter for the purpose of providing Cart Masters, Inc. with sufficient time m retain counsel. I 0. Petitioner believes and, therefore, avers that Defendant Cart Masters, Inc. will not suffer any prejudice by the withdrawal of Duane, Morris & Heckseher LLP as counsel in this matter. i I. Petitioner does not plan to file a Brief in support of this Petition because the grounds theretofore are set forth fully herein, because counsel is aware of no controlling law other than Pennsylvania Rule of Civil Procedure 1012 and the informed exercise of discretion under the Rule, and because counsel does not wish to incur further expenses as to which payment is extremely uncertain and improbable. -2- WHEREFORE, Petitioner Duane, Morris & Heckscber LLP respectfully requests that it be permitted to withdraw its appearance of record as counsel for Defendant Cart Masters, Inc. and that this matter be stayed for ninety (90) for the purpose of providing Cart Masters, Inc. sufficient time to retain counsel. Respectfully submitted, B~a~ W. gi~i~n~, Esquire Attorney I.D. #/V'/982 Marc A. Moy~, Esquire Attorney I.D. #76434 305 North Front Street, 5th Floor P. O. Box 1003 Harrisburg, PA 17108-1003 (717) 237-5500 Attorneys for Defendant Cart Masters, Inc. -3- ATTORNEY VERIFICATION I, Marc A. Moyer, hereby depose and state that I am an attorney with the law firm of Duane, Morris & Heckscher LLP and make this Verification on its behalf. I further state that the factual statements set forth in the foregoing Praeeipe for Leave of Court to Withdraw as Counsel for Cart Masters are true and correct based upon knowledge or information and belief which I have obtained in representing Cart Masters in this case, including correspondence and conferences with it. This Attorney Verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. / ' ~ar~oyer, Esquire CERTIFICATE OF SERVI~I~. On this D-~O¥/~ day of June, 2001, I, Ruth M. Forsythe, a secretary in the law offices of Duane, Morris & Heckscher I_J_P, hereby certify that I have served this day true and correct copies of the foregoing Petition of Duane Morris & Heekaeher LLP for Leave of Court to Withdraw us Counsel for Cart Master~, Inc. in the above-captioned matter, by depositing same in the United States First Class Mail, postage prepaid, in Harrisburg, Pennsylvania, to those persons and addresses indicated below: Holiday Tour & Travel, Inc. Attn: Joan Borreli 829 State Street Lemoyne, PA 17042 Mr. Steve Taylor President Cart Masters, Inc. 604 Salem Road Etters, PA 17319 Ruth M. Forsythe (J HOLIDAY TOUR & TRAVEL, INC., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY Plaintiff, : PENNSYLVANIA V. : : No. 01-3279 Civil Term STEVE TAYlOR/CART MASTERS, INC., : : Defendants. : CERTIFICATE OF SERVICE On this~ ~ day of lune, 2001, I, Ruth M. Forsythc, a secretary in the law officcs of Duane, Morris & Heckscher LLP, hereby certify that I have served this day true and correct copies of the foregoing Petition of Dmme Morris & Heckscher LLP for Leave of Court to Withdraw as Counsel for Cart Masters, Inc. in the above-captioned matter, by depositing same in the United States First Class Mail, postage prepaid, in Harrisburg, Pennsylvania, to those persons and addresses indicated below: Mark W. Allshouse, Esq. STEPHEN C. NUDEL, P.C. 219 Pine Street Harrisburg, PA 17101 (Counsel for Plaintiffs) M. Forsythe - ~ HO!.n'~AY TOUR & TRAVEL, INC., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY Plaintiff, : PENNSYLVANIA .' V. ., : No. 01-3279 Civil Term STEVE TAYLOR/CART MASTERS, INC., : .' Defendants. : RULE TO SHOW CAUgP. AND NOW, this ~t~ day of '~{~ ,2001, upon consideration upon consideration of the Petition of Duane, Morris & Heckscher LLP for Leave of Court to Withdraw as Counsel for Cart Masters, Inc., a Rule is hereby issued upon Cart Masters, Inc. to show cause why the relief sought in Duane, Morris & Heckscber LLP's Petition for Leave of Court to Withdraw as Counsel should not be granted. Rule returnable twenty (20) days from days after service thereof. HOLIDAY TOUR & TRAVEL, INC., : IN THE COURT OF COMMON pi.FAS OF : CUMBERLAND COUNTY Plaintiff, : PENNSYLVANIA : V. : : No. 01-3279 Civil Term STEVE TAYLOR/CART MASTERS, INC., : Defendants. : CERTIFICATE OF SERVICI~. '~f' (~a of On this ~ - y July, 2001, I, Ruth M. Forsythe, a secretary in the law offices of Duane, Morris & Heckscber ! J! P, hereby certify that I have served this day true and correct copies of the July 2, 2001 Rule to Show Cause in the above-captioned matter, by depositing same in the United States First Class Mail, postage prepaid, in Harrisburg, Pennsylvania, to those persons and addresses indicated below: Mark W. Allshouse, Esq. STEPHEN C. NUDEL, P.C. 219 Pine Street Harrisburg, PA 17101 (Counsel for Plaintiffs) Mr. Steve Taylor President Cart Masters, Inc. 604 Salem Road Etters, PA 17319 /Ruth M. Forsythe / HB~78734.1 HOLIDAY TOUR & TRAVEL, INC., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY Plaintiff, : PENNSYLVANIA : V. : : No. 01-3279 Civil Term STEVE TAYLOR/CART MASTERS, INC., : : Defendants. : RULE TO SHOW CAU,qI~, AND NOW, this ~ day of ~ b,~ ,2001, upon consideration upon consideration of the Petition of Duane, Morris & Heckscher LLP for Leave of Court to Withdraw as Counsel for Cart Masters, Inc., a Rule is hereby issued upon Holiday Tour & Travel, Inc. to show cause why the relief sought in Duane, Morris & Heckscher LLP's Petition for Leave of Court to Withdraw as Counsel should not be granted. Rule returnable twenty (20) days from days after service thereof. Michael W. Winfield, Esquire Attorney I.D. No. 72680 RHOADS & SI'NON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant, Stephen W. Taylor HOLIDAY TOUR & TRAVEL, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : v. : CIVIL ACTION - LAW : STEPHEN W. TAYLOR and CART MASTERS, : NO. 01-3279 INC., . Defendants : NOTICE TO PLEAD TO: Holiday Tour & Travel, Inc. and Mark W. Allshouse, Esquire Law Offices of Stephen C. Nudel, P.C. 219 Pine Street Harrisburg, PA 17101 You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. ! /i /1/' ~lich~l W. Winfield ... One 81~uth Market Square I-I~,-risb-r'g, PA 17108-1146 (717) 233-$731 Attorneys for Defender Stephen W. Taylor Michael W. Winfield, Esquire Attorney I.D. No. 72680 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-573 I Attorneys for Defendant, Stephen W. Taylor HOLIDAY TOUR & TRAVEL, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY v. : CIVIL ACTION - LAW .' STEPHEN W. TAYLOR and CART MASTERS, : NO. 01-3279 INC., : Defendants : DEFENDANT STEPHEN W. TAYLOR'S ANSWER TO COMPLAINT NOW COMES, Defendant, Stephen W. Taylor, by and through his attorneys, Rhoads & Sinon LLP, and hereby answers as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted upon information and belief. 4. Admitted upon information and belief. 5. This paragraph contains no averments of fact, and therefore requires no response. 6. Denied as stated. It is admitted that on or about the date specified, Defendant Taylor, as the agent for, and on behalf of, Defendant Cart Masters, Inc., contacted Plaintiff and ordered two airline tickets on Defendant Cart Masters, Inc.'s account for the 395631.1 individuals stated in the Complaint. Defendant Taylor is without information sufficient to detr~mine the truth of the remaining averments, and therefore denies same. 7. Denied as stated. It is admitted that on or about the date specified, Defendant Taylor, as the agent for, and on behalf of, Defendant Cart Masters, Inc., contacted Plaintiff and ordered an airline ticket on Defendant Cart Masters, Inc.'s account for the individual stated in the Complaint. Defendant Taylor is without information sufficient to determine the truth of the remaining averments, and therefore denies same. 8. Denied as stated. It is admitted that on or about the date specified, Defendant Taylor, as the agent for, and on behalf of, Defendant Cart Masters, Inc., contacted Plaintiff and ordered two airline tickets on Defendant Cart Masters, Inc.'s account for the individuals stated in the Complaint. Defendant Taylor is without information sufficient to determine the mith of the remaining averments, and therefore denies same. 9. Denied. Upon information and belief, Defendant Cart Master, Inc. was invoiced for the ordered tickets. Defendant Taylor is without information sufficient to determine the truth of the remaining averments, and therefore denies same. 10. Denied as stated. It is admitted only that Plaintiff issued a past due notice for tickets purchased by Defendant Cart Masters, Inc. It is denied that the past due notice was sent to Defendant Taylor in his individual capacity. Defendant Taylor is without iv_formation sufficient to determine when said notice was issued, and therefore can neither affirm nor deny whether it was issued on thc date averred. 1 !. Denied. It is denied that Defendant Taylor was requested to make payment, or that Defendant Taylor would be responsible for any payment to Plaintiff. At all times relevant hereto, Defendant Taylor was acting on behalf of Defendant Cart Masters, Inc. as its agent, which was disclosed to Plaintiff. 12. This paragraph contains conclusions of law which require no response. To the extent the paragraph is deemed to require a response, the paragraph is denied insofar as any written terms and conditions would speak for themselves. In further answer, Plaintiff is entitled to nothing from this Answering Defendant. 13. Denied as stated. It is admitted that Defendant Taylor made no payment to Plaintiff for tickets purchased by Defendant Cart Masters, Inc. on Defendant Cart Masters, Inc.'s corporate account. It is denied that Defendant Taylor had any obligation to do so. It is admitted, upon information and belief, that an action was filed with the District Magistrate. Answering Defendant is without information sufficient to determine the truth of the remaining averments and therefore denies same. 14. This paragraph contains conclusions of law which require no response. To the extent a response is required, it is denied that this Answering Defendant was obligated to make any payments to Plaintiff for any tickets ordered on behalf of Defendant Cart Masters, Inc., or that he is liable to Plaintiff in any amount. 15.-25. These paragraphs are addressed to a Defendant other than this Answering Defendant, and therefore require no response from this Answering Defendant. -3- WHEREFORE, Defendant Stephen W. Taylor respectfully requests that this Court enter judgment in his favor, dismiss the action with prejudice, and award him costs of defense, including attorneys fees. NEW MATTER 26. Defendant Taylor incorporates by reference his answers to paragraphs I through 25 as though set forth here at length. 27. At all times relevant hereto, Defendant Taylor was an employee of Defendant Cart Masters, Inc., acting as its agent and on its behalf in ordering airline tickets for the business purposes of Defendant Cart Masters, Inc., on Defendant Cart Masters, Inc.'s account with Plaintiff. 28. All tickets referenced in the Complaint were ordered on Defendant Cart Master, Inc.'s corporate account with Plaintiff, which had been established for that purpose. 29. At all times relevant to the allegations set forth in the Complaint, it was disclosed to Plaintiff that Defendant Taylor was Defendant Cart Masters, Inc.'s agent, and Plaintiff knew and understood that Defendant Taylor was acting as Defendant Cart Masters, Inc.'s agent, and not on behalf of himself. 30. At no time did Defendant Taylor contract, or otherwise agree, to be responsible for Cart Masters, Inc.'s purchases from Plaintiff. 31. Defendant Taylor is not currently an officer, director, employee or shareholder of Defendant Cart Master, Inc. 32. As an agent acting on behalf of a disclosed principal, Defendant Taylor is not liable to Plaintiff. -4- WHEREFORE, Defendant Stephen W. Taylor respectfully requests that this Court enter judgment in his favor, dismiss the action with prejudice, and award him costs of defense, including attorneys fees. Respectfully ~b~itted, BY: ~...M/~i ~~ Winfield One Sd~th Market Square ?. o. B~ 1146 Harrisbur'~pA 17108-1146 (717) 233-5731 ~4ttorneys for Defendant Stephen W. Taylor -5- 07/26/01 TNV 1.7:22 FAT 717 231 6637~ RROADS ST~ON I.[.P ~008 VERIFICATION Stephen W. Taylor, d~pos~s and says, subject to the penalties of 18 Pa. C.S. § 4904 r~lating to unswom falsification to authorities, that the facts set forth in the foregoing Answer with New Matter am true and correct to tho best of his knowledge, information and belief. S~eph~n W. Taylor ~' CERTIFICATE OF SERVICE I hereby certify that on July 30, 2001, a tree and correct copy of Defendant Stephen W. Tayior's Answer to Complaint was served by means of United States mail, first class, postage prepaid, upon the following: Mark W. Allshouse, Esquire Law Offices of Stephen C. Nudel, PC 219 Pine Street Harrisburg, PA 17101 Ho!.n')AY TOUR & TRAVEL, INC., : IN THE COURT OF COMMON PLEAS OF : CUIVIBERLAND COUNTY Plaintiff, : PENNSYLVANIA .' V. : No. 01-3279 Civil Term STEVE TAYLOR/CART MASTERS, INC., : . Defendants. : CERTIFICATE OF SERVIC. R On this 9th day of July, 2001, I, Ruth M. Forsythe, a secretary in the law offices of Duane, Morris & Heckscher LLP, hereby certify that I have served this day true and correct copies of the July $, 2001 Rule to Show Cause in the above-captioned matter, by depositing same in the United States First Class Mail, postage prepaid, in Han'isburg, Pennsylvania, to those persons and addresses indicated below: Mark W. Allshouse, Esq. STEPHEN C. NUDEL, P.C. 219 Pine Street Harrisburg, PA 17101 (Counsel for Plaintiffs) Mr. Steve Taylor President Cart Masters, Inc. 604 Salem Road Etters, PA 17319 M. Forsythe (] - HOLIDAY TOUR & TRAVEL, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA Plaintiff : : v. : NO. 01-3279 STEPHEN W. TAYLOR and : CART MASTERS, INC., : : CIVIL ACTION - AT LAW Defendants : PLAINTIFF'S RESP(~SE FOR PETITIO~OF DUANE, MORRIS & HECKSCH~R, FOR LEAVE OF COURT TO WIT~W HIS COUN~ FOR ~a~T Ma~TERS IN~. AND NOW, comes Plaintiff, Holiday Tour & Travel, Inc., by and through its attorneys, Law Offices Stephen C. Nudel, PC, and respectfully files the following Response to the Petition of Duane, Morris & Heckscher, LLP, for Leave of Court to Withdraw as Counsel for Cart Masters Inc. 1. Admitted. 2. Denied. To the contrary, Plaintiff filed a Complaint with the Prothonotary of Cumberland County on June 21, 2001 3. Admitted. 4. Denied. After reasonable investigation, Plaintiff is without information or belief as to the truth or accuracy of the averments contained in paragraph 4 of the Petition of Duane, Morris & Heckscher, LLP. To the extent relevant, proof thereof is demanded at trial. 5. Denied. After reasonable investigation, Plaintiff is without information or belief as to the truth or accuracy of the averments contained in paragraph 5 of the Petition of Duane, Morris & Heckscher, LLP. To the extent relevant, proof thereof is demanded at trial. 6. Denied. After reasonable investigation, Plaintiff is without information or belief as to the truth or accuracy of the averments contained in paragraph 6 of the Petition of Duane, Morris & Heckscher, LLP. To the extent relevant, proof thereof is demanded at trial. 7. Denied. After reasonable investigation, Plaintiff is without information or belief as to the truth or accuracy of the averments contained in paragraph 7 of the Petition of Duane, Morris & Heckscher, LLP. To the extent relevant, proof thereof is demanded at trial. 8. Denied. After reasonable investigation, Plaintiff is without information or belief as to the truth or accuracy of the averments contained in paragraph 8 of the Petition of Duane, Morris & Heckscher, LLP. To the extent relevant, proof thereof is demanded at trial. 9. Denied. To the ~ontrary Defendants have created their own peril and are therefore not entitled to a stay in proceedings of ninety (90) days to retain new counsel. By way of further Response, Plaintiff will be severely prejudiced if these proceedings are stayed ninety (90) days and Plaintiff is unable to proceed with its cause of action. 10. Denied. After reasonable investigation, Plaintiff is without information or belief as to the truth or accuracy of the averments contained in paragraph 10 of the Petition of Duane, Morris & Heckscher, LLP. To the extent relevant, proof thereof is demanded at trial. 11. Denied. After reasonable investigation, Plaintiff is without information or belief as to the truth or falsity of the averments contained in paragraph ll of the Petition of Duane, Morris & Heckscher, LLP. To the extent relevant, proof thereof is demanded at trial. WHEREFORE, Plaintiff, Holiday Tour and Travel Inc., respectfully requests this Court to an order denying for a Petitioner's request for a ninety (90) day stay in the proceedings to provide Cart Masters sufficient time to retain Counsel. LAW OFFICES STEPHEN C. NUDEL, PC Stephen C. Nudel, ~sq~ire Attorney ID #41703% Ma~k W. Allshouse, Esquire Attorney ID #78014 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff HOLIDAY TOUR & TRAVEL, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA Plaintiff : : v. : NO. 01-3279 STEPHEN W. TAYLOR and : CART MASTERS, INC., : : CIVIL ACTION - AT LAW Defendants : I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: Marc A. Moyer, Esquire Duane, Morris & Heckscher LLP 305 North Front Street 5th Floor P.O. Box 1003 Harrisburg, PA 17108-1003 Ma~k W. All, house, Esquire 21~ Pine Street - Harrisburg, PA 17101 (717) 236-5000 Attorney ID ~78014 Attorney for Plaintiff HOLIDAY TOUR : IN THE COURT OF COMMON PLEAS OF AND TRAVEL, INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : V. STEPHEN W. TAYLOR AND : NO. 2001-3279 CIVIL TERM CART MASTERS, INC., : Defendants : ORDER OF COURT AND NOW, this 20TM day of AUGUST, 2001, leave is granted to Duane, Morris and Heckscher, LLP to withdraw as Counsel for Defendant Cart Masters, Inc. All proceedings to stay for thirty (30) days to give Defendant Cart Masters, Inc. the opportunity to obtain new counsel. Edward E. Guido, J. 2 i 9 Pine Street Harrisburg, Pa. 17101 O~ -~'(~1 ~..~ Marc A. Moyer, Esquire Duane, Morris & Heckscher LLP P.O. Box 1003 Harrisburg, Pa. 17108-1003 :sld HOLIDAY TOUR & TRAVEL, INC., : IN THE COURT OF CO~ON PLEAS : CUMBERLAND COUNT"~, PA Plaintiff : : v. : NO. 01-3279 STEPHEN W. TAYLOR and : CART MASTERS, INC., : : CIVIL ACTION - AT LAW Defendants : MOTI0~ FOR J~DZCZAL AND NOW, comes Plaintiff, Holiday Tour & Travel, Inc., by and through its attorneys, Law Offices Stephen C. Nudel, PC, and respectfully files this Motion for Judicial Conference as follows: 1. On June 21, 2001, Duane, Morris & Heckscher, LLP, filed Petition for Leave of Court to Withdraw as counsel for Cart Masters, Inc., to the Prothonotary of Cu~berland County. 2. On July 2, 2001, a Rule to Show Cause was issued upon Cart Masters, Inc., to show cause why the relief sought by counsel should not be granted. 3. On July 5, 2001, a Rule to Show Cause was issued upon Plaintiff to show cause why Petition to Withdraw should not be granted. 4. The Rules were returnable within twenty (20) days of service. 5. It is believed and therefor averred that no response was filed by Cart Masters, Inc. 6. Plaintiff filed a response on July 24, 2001, objecting only to the time period which counsel requested this matter be stayed in order for Defendant, Cart Masters, Inc., to obtain new counsel. 7. Counsel for Cart Masters, Inc., had requested a ninety (90) day stay in proceedings and Plaintiff had objected and requested only thirty (30) days be allowed. 8. It has been over thirty (30) days since the Rules to Show Cause were issued. 9. Plaintiff requests a Judicial Conference in order to determine the amount of time to be granted to Cart Masters, Inc. to secure new counsel before Plaintiff can proceed with its cause of action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to schedule a Judicial Conference to resolve the issues involved with the Petition of Duane, Morris & Heckscher, LLP, withdrawing as counsel for Defendant Cart Masters, Inc. Respectfully submitted, LAW OFFICES STEPHEN C. NTJDEL, PC Date: ~//~/~ -'~/~Z~) ~~ St~Sen C. Nudel,/~ire Attorney ID #417~3 Mark W. Allshouse, Esquire Attorney ID #78014 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff HOLIDAY TOUR & TRAVEL, INC., : IN T~E COURT OF CO~ON PLEAS : CUMBERLAND COUN~, PA Plaintiff : v. : NO. 01-3279 STEPHEN W. TAYLOR and : CART MASTERS, INC., : : CIVIL ACTION - AT LAW Defendants : CERTIFICATE OF ~VZ~ I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: Marc A. Moyer, Esquire Duane, Morris & Heckscher LLP 305 North Front Street 5~ Floor P.O. Box 1003 Harrisburg, PA 17108-1003 Mar~ W. Allshouse,/E~qulre ~1/ Fine Street ~ Harrisburg, PA 17101 (717) 236-5000 Attorney ID #78014 Attorney for Plaintiff HOLIDAY TOUR & TRAVEL, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA Plaintiff : v. : NO. 01-3279 STEPHEN W. TAYLOR and : CART MASTERS, INC., : : CIVIL ACTION - AT LAW Defendants : MOTI0~ TO DISC~NTINU~ AND NOW, comes Plaintiff, Holiday Tour & Travel, Inc., by and through its attorneys, Law Offices Stephen C. Nudel, PC, and respectfully files the following Motion to Discontinue the above referenced action without prejudice against Defendant, Stephen W. Taylor. 1. On June 21, 2001, Plaintiff filed a Complaint against each of the above named Defendants for their failure to make payment for goods and services provided by Plaintiff to Defendants. 2. At the time of filing, Plaintiff had a reasonable belief that Defendants were jointly and severally liable. 3. Since the date of filing, Defendant, Stephen W. Taylor, has provided Plaintiff information to indicate that Defendant Stephen W. Taylor was purchasing tickets from Plaintiff on behalf of Cart Masters, Inc. 4. Plaintiff wishes to Discontinue its action against Defendant Stephen W. Taylor without prejudice. 5. Plaintiff retains its right to join Stephen W. Taylor to this action as a Defendant at a later date. 6. Neither Defendant will suffer any prejudice if this action is discontinued without prejudice against Defendant Taylor. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order discontinuing the above captioned action without prejudice against Defendant Stephen W. Taylor only. This action should remain docketed against Cart Masters, Inc. LAW OFFICES STEPHEN C. NUDEL, PC Stephen C.--Nude~, Esquire Attorney ID #41703 Mark W. Allshouse, Esquire Attorney ID #78014 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorneys for Plaintiff HOLIDAY TOUR & TRAVEL, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA Plaintiff : : v. : NO. 01-3279 : STEPHEN W. TAYLOR and : CART MASTERS, INC., : : CIVIL ACTION - AT LAW Defendants : CERTIFICATE OF ~F~VI~F I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: Marc A. Moyer, Esquire Michael W. Winfield, Esquire Duane, Morris & Heckscher LLP Rhoads & Sinon, LLP 305 North Front Street One South Market Street 5=h Floor 12=h Floor P.O. Box 1003 P.O. Box 1146 Harrisburg, PA 17108-1003 Harrisburg, PA 17108-1146 M~k W. Allsnous~ Esquire 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorney ID #78014 Attorney for Plaintiff HOLIDAY TO~ & T~VEL, INC., : IN THE COURT OF CO~ON PLEAS : CUMBERLAND COUNTY, PA Plaintiff : : v. : NO. 01-3279 STEPHEN W. TAYLOR and : CART ~STERS, INC., : : CIVIL ACTION - AT MW Defendants : R~ ~ SH~ CAUg~ AND NOW, this~tay of August, 2001, upon consideration of the attached Motion, a Rule to Show Cause is hereby issued upon the above named Defendants to show cause why the relief request in Plaintiff's Motion to Discontinue against Defendant, Stephen W. Taylor, should not be granted. This Rule is returnable in ~0 days~ ~~ Jo HOLIDAY TOUR &TRAVEL, INC., : IN THE COURT OF C0~0N PLEAS CUMBERLAND COUNTY, PA Plaintiff : : v. : NO. 01-3279 STEPHEN W. TAYLOR and : CART MASTERS, INC., : CIVIL ACTION - AT LAW Defendants : p~a~IPE TO ENTER DZFA~LT J~IDQM~T TO THE PROTHONOTARY: Kindly enter Judgment against Defendant Cart Masters, Inc. in default of an Answer in the amount of $1,356.62 computed as follows: Amount claimed in Complaint $1 5_~ Total $1,356.62 I hereby certify that appropriate Notices of Default, as attached, have been ~iled in accordance with Pa. R.C.P. 237.1 on the dated indicated on the Notices. IX } M rk Ansho e, Esquire Attorney ID #78014 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorney for Plaintiff Plaintiff: 219 Pine Street, Harrisburg, PA 17101 Defendant: Cart Masters, Inc., 604 Salem Road, Etters, PA 17319 HOLIDAY TOUR & TRAVEL, INC., : IN THE COURT OF CO~ON PLEAS : CUMBERLAND COUNTY, PA Plaintiff : v. : NO. 01-3279 STEPHEN W. TAYLOR and : CART MASTERS, INC., : : CIVIL ACTION - AT LAW Defendants : NOTICE OF JUDgmeNT To: Cart Masters, Inc., Defendant YOU are hereby notified that on 0~J~_ ~ , 2001, Judg~nent was entered ~gainst you in the sum of $1,356.62 in the above captioned case. Date: ~, ~-o, ~ ~. ~ ~_~ Prothonotary ['l 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 Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 I hereby certify that the following is the address of the defendant stated in the Certificate of Residence: Cart Masters, Inc. 604 Salem Road Etters, PA 17319 Date:10/5/2OO{ Mar~ W. Allshouse,~ Esquire Attbrney ID #78014 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorney for Plaintiff HOLIDAY TOUR & TRAVEL, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA Plaintiff : v. : NO. 01-3279 STEPHEN W. TAYLOR and : CART MASTERS, INC., : : CIVIL ACTION - AT LAW Defendants : NOTiCIA I~ORTANTE A: Cart Masters, Inc., Defendido/a Isted esta siendo notificado que el de del 2001, se anoto en contra suya un fallo pot confesion en la suma de $1,356.62 en el caso mencionado en el epigrafe. Fecha: Protonotario USTED DEBE LLEVAR INMEDIATAMENTE ESTE DOCUMEN~X) A SU ABOGADO. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA SIGUINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCON~AR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Cart Masters, Inc. 604 Salem Road Etters, PA 17319 Ma~k W. Allshous~, Esquire Attorney ID #78014 219 Pine Street Harrisburg, PA 17101 {717) 236-5000 Abogado del Demandante HOLIDAY TOUR & TRAVEL, INC., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA Plaintiff : v. : NO. 01-3279 STEPHEN W. TAYLOR and : CART MASTERS, INC., : : CIVIL ACTION - AT LAW Defendants : MOTI0~TO M~WR THE RULZ TO SHOW CAUSEA~SOLUTE AND NOW, comes Plaintiff, Holiday Tour & Travel, Inc., by and through its attorneys, Law Offices Stephen C. Nudel, PC, and respectfully moves this Honorable Court for an 0rder making absolute the Rule to Show Cause dated August 27, 2001, and directing the Prothonotary of Cumberland County to discontinue the above captioned Action against Stephen W. Taylor, only, and in support thereof avers as follows: 1. On or about August 27, 2001, this Honorable Court entered a Rule to Show Cause against Defendant's to show cause why Plaintiff's Motion to Discontinue against Defendant Stephen W. Taylor should not be granted. A true and correct copy of the Rule to Show Cause is attached hereto and made a part hereof as "Exhibit A". 2. The Rule to Show Cause is returnable within twenty (20) days after the expiration of the Stay in proceedings previously ordered by this Honorable Court had expired. 3. Previously, a Stay in Proceedings was issued by Order dated August 20, 2001, for thirty (30) days and expired on September 19, 2001. A true and correct copy of the Order is attached hereto and made a part hereof as ,,Exhibit B". 4. As a result, the twenty (20) days given for response to the Rule to Show Cause dated August 27, 2001, expired September 9, 2001. 5. As of the date of the filing of this Motion, no Response has been filed by either Defendant. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order making absolute the Rule to Show Cause dated August 27, 2001, and directing the Prothonotary of Cumberland County to mark the above captioned matter discontinued against Defendant Stephen W. Taylor. only. Respectfully submitted, LAW OFFICES STEPHEN C. NUDEL, PC S~phen C. ~ud~] Esquire Attorney ID #41703 Mark W. Allshouse, Esquire Attorney ID #78014 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorney for Plaintiff EXHIBIT A HOLIDAY TO~ & TRAVEL, INC., : IN THE COURT OF CO~0N PLEAS : C~BERLANDCOUNTY, PA Plaintiff : : v. : NO. 01-3279 : STEPHEN W. TAYLOR and : C~T ~STERS, INC., : : CIVIL ACTION - AT MW DefendantS : R~E TO SHOW CAUSE AND NOW, this~day of Au~st, 2001, upon consideration of the attached Motion, a Rule to Show Cause is hereby issued upon the above named Defendants to show cause why the relief re.est in Plaintiff's Motion to Discontinue against Defendant, Stephen W. Taylor, should not be granted. ~is Rule is returnable in ~' days' ~~ rRUE COPY FROM R.'--CORD In Te3tim~ny whereof, I here u~to sol my hand and the .~ea.I of said Cou.r.t at Carlisle, Pa. ]'his ,~ ?~ d&y of_~,.,.~.~ ,J~/ Pmthonotar'f EXK'rBXT B HOLIDAY TOUR : IN THE COURT OF COMMON PLEAS OF AND TRAVEL, INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : V. ; STEPHEN W. TAYLOR AND : NO. 2001-3279 CIVIL TERM CART MASTERS, INC., : Defendants : ORDER OF COURT AND NOW, this 20TM_ day of AUGUST, 2001, leave is granted to Duane, Morris and He~kschcr, LLP to withdraw as Counsel for Defendant Cart Masters, Inc. All : proceedin§s to stay for thirty (30) days to give Defendant Cart Masters, Inc. the opportunity to obtain new counsel. Edward E. Guido, J. Mark W. Allshouse, Esquire 219 Pine Street Harrisburg, Pa. 17101 Marc A. Meyer, Esquire Duane, Morris & Heckscher LLP P.O. Box 1003 Harrisburg, Pa. 17108-1003 :sld HOLIDAY TOUR & TRAVEL, INC., : IN THE COURT OF CO~ON PLEAS : CUMBERLA/gD COUNTY, PA Plaintiff : : v. : NO. 01-3279 STEPHEN W. TAYLOR and : CART MASTERS, INC., : : CIVIL ACTION - AT LAW Defendants : CIRTZFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid, at Harrisburg, Pennsylvania, as follows: Michael W. Winfield, Esquire Cart Masters, Inc. P~hoads & Sinon, LLP 604 Salem Road One South Market Street Etters, PA 17319 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Date: Mg~ W. Allsho~e, Esquire A%torney ID #78014 219 Pine Street Harrisburg, PA 17101 (717) 236-5000 Attorney for Plaintiff HOLIDAY TOUR & TRAVEL, INC., : IN THE COURT OF CO~ON PLEAS : C%~MBERLAND COUNT~, PA Plaintiff : : v. : NO. 01-3279 STEPHEN W. TAYLOR and : CART MASTERS, INC., : : CIVIL ACTION - AT LAW Defendants : O~DER ARD NOW, this ~"day of October, 2001, upon consideration of the attached Motion to Make the Rule To Show Cause Absolute, it is hereby ordered that the Rule to Show Cause dated August 27, 2001, is made absolute and the Prothonotary is directed to discontinue the above captioned action against Stephen W. Taylor. Qnlv. The action shall remain active against Defendant Cart Masters, Inc.