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Home My WebLink About11-7219COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Cumberland NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 1k_-1a1R C(VI 1 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 Magisterial District Judge on the date and in the case referenced below. mAI-11161.rvu. NAME OFMDJ Honorable Amanda S. Messner 09-3-04 Thomas A Pla Pv ADDRESS OF APPELLANT CITY STATE ZIP CODE 5022 E Trindle Road, Apt A-3 Mechanicsburg PA 17050 8/25/11 I Shelley Morton MJ-09304-CV-0000241-2011 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 Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy ,, Amanda S. Messner appellant was Claimant (see f K.( .N. U.J. No. 1001(6) in action before a Magisterial District Judge, 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 form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Shelley Morton appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No.jt- '1 ),19 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. /(- ?zz?? Signature of appellant or attorney or agent k, 2. ( for Cs r? RULE: To Shelley Morton' , appellee(s) Name o appellee s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days 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 ENTER D AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20t_ Signature of Prothonotay or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 FILED-OFF11CL CAF THE RROTN!0141t'DT F", 2011 SEP 19 Phi 1: 01 CUMBERLAND ANIA avoj c tiQl•'1 S ?a all, Z??Iner ck-9 30[47 2? au?c??g COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-04 MDJ Name: Honorable Thomas A. Placey Address: 5275 East Trindle Road Suite 110 Mechanicsburg, PA 17050 Telephone: 717-697-2201 Michael Allan Hynum, Esq. Hynum Law 2608 N 3RD St Harrisburg, PA 17110 Disposition Summary Docket No MJ-09304-CV-0000241-2011 Judgment Summary Participant Amanda S Messner Shelley Morton V. Amanda S Messner Docket No: MJ-09304-CV-0000241-2011 Case Filed: 4/21/2011 Plaintiff Defendant Disposition Disposition Date Shelley Morton Amanda S Messner Default Judgment for Plaintiff 08/25/2011 Joint/Several Liability Individual Liability $0.00 $1,074.35 Amount $1,074.35 Judgment Detail (*PostJudgment) In the matter of Shelley Morton vs. Amanda S Messner on 8/25/2011 the disposition is Default Judgment for Plaintiff and judgment was awarded as follows: Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $937.00 $937.00 Filing Fees $0.00 $86.50 $86.50 Server Fees $0.00 $45.85 Costs $0.00 $45.85 $5.00 $5.00 Grand Total: $1,074.35 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 COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT 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 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 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. • K, LL 2'4? ,21 Date Magisterial District Judge Thomas A. Placev I certify that this is a true an correct copy o the record o the proceedings containing the judgment. Date Magisterial District Ju a homas A. Placey MDJS 315 Page 1 of 2 Printed: 08/25/2011 9:47:49AM MOMEWMI AUG 2 6 2011 BY ____________________ t Shelley Morton Docket No.: MJ-09304-CV-0000241-2011 V Amanda S Messner Participant List L Private(s) Michael Allan Hynum, Esq. Hynum Law 2608 N 3RD St Harrisburg, PA 17110 Plaintiff(s) Shelley Morton 48B N Old Stonehouse Rd Carlisle, PA 17013 Defendant(s) Amanda S Messner 5022 E. Trindle Rd APT. A3 Mechanicsburg, PA 17050 MDJS 315 Page 2 of 2 Printed: 08/25/2011 9:47:49AM SHELLY MORTON, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-7219-CIVIL AMANDA S. MESSNER, n `. Defendant CIVIL ACTION - LAW AND EQWt = ANSWER TO COMPLAINT - AND NOW COMES Amanda S. Messner, Defendant, by and through r - 4 attorneys, Hynum Law and Michael A. Hynum, Esquire and in response to the Complaint filed by Plaintiff in this matter, states as follows: 1. Admitted, upon information and belief. 2. Admitted 3. This paragraph is a conclusive statement to which no response is required. To the extent it may be determined that a response is required to Plaintiffs averment, it is specifically denied. 4. Admitted, upon information and belief. 5. This paragraph is a conclusive statement to which no response is required. By way of further response, it is specifically denied that Defendant asked Plaintiff for a financial loan. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted, upon information and belief. 11. It is admitted that Defendant spoke to Plaintiff regarding reimbursement of the $900.00. Otherwise, denied. 12. Defendant is without sufficient knowledge or information to admit or deny Plaintiff's averment. Accordingly, it is denied. Strict proof is demanded at any hearing in this matter. 13. Denied; it is specifically Denied that Plaintiff has continually requested payment from Defendant. 14. Admitted. COUNT I - BREACH OF CONTRACT 15. Defendant incorporates paragraphs 1-14 above as though fully set forth at length herein. 16. Admitted in part, Denied in part. It is admitted that Plaintiff and Defendant entered into a contract. It is denied that the contract is valid or enforceable. It is further denied that Defendant promised to repay a $900.00 loan. 17. Denied. The averment contained in this paragraph is a Conclusion of Law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. By way of further response, it is denied that Defendant has violated any contractual obligations to Defendant. 18. Denied. The averment contained in this paragraph is a Conclusion of Law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. By way of further response, it is denied that Defendant has breached any contract with Plaintiff or that Plaintiff is entitled to any damages from Defendant. 19. Denied. The averment contained in this paragraph is a Conclusion of Law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. By way of further response, it is denied that Plaintiff has been damaged by any breach by Defendant. 20. The averment contained in this paragraph is a Conclusion of Law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent it may be determined that a response should be required to Plaintiffs averment, it is denied. COUNT II - UNJUST ENRICHMENT 21. Defendant incorporates paragraphs 1-20 above as though fully set forth at length herein. 22. Denied. The averment contained in this paragraph is a Conclusion of Law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. By way of further response, it is denied that Plaintiff has conferred any benefit upon Defendant. 23. Denied. The averment contained in this paragraph is a Conclusion of Law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. By way of further response, it is denied that Plaintiff has appreciated any benefit or retained the $900.00. 24. The averment contained in this paragraph is a Conclusion of Law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent it may be determined that a response should be required to Plaintiffs averment, it is denied. 25. The averment contained in this paragraph is a Conclusion of Law as to which no response is required pursuant to the Pennsylvania Rules of Civil Procedure. To the extent it may be determined that a response should be required to Plaintiffs averment, it is denied. WHEREFORE, the Defendant, Amanda A. Messner requests judgment in her favor and against the Plaintiff, plus costs, attorney fees and other relief deemed just and appropriate by this Honorable Court. j ??nn r jl o? ( Michael A. Hynum, q Attorney for the Plaintiff HYNUM LAW Supreme Court ID #85692 2608 N. Third Street Harrisburg, PA 17110 (717) 774 - 1357 VERIFICATION I verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements contained therein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: it/,? t ( .IL )(- 'J ? ? I / Brian K. Zellner, Esquire CERTIFICATE OF SERVICE On this 3rd day of November, 2011, 1 certify that a copy of the foregoing ANSWER TO COMPLAINT was served upon Plaintiffs Counsel by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Attorney Scott McPartland Law Offices of Leslie David Jacobson 8150 Derry Street, Suite A Harrisburg, PA 17111 HYNUM LA Shauna L. Bedell, Paralegal 2608 North 3`d Street Harrisburg, PA 17110 (717) 774-1357 Representative for Defendant SHELLEY MORTON, Plaintiff, AMANDA. S. MESSNER, Defendant IN THE COURT OF COMMON PLEAS a . CUMBERLAND COUNTY. PENNSY.JeSNG `r Z? n Wit'' Z ?.. N :.3 NO 11-7219-CIVIL . C-) r CIVIL ACTION - LAW AND EQUITY -< MOTION TO PROCEED IN FORMA PAUPERIS NOW COMES. the Defendant, Amanda S. Messner, by and through her counsel, Hynum Law. who files the following Motion to Proceed in forma pauperis, and in support thereof avers as follows: 1. Plaintiff is Shelley Morton, an adult individual, who currently resides at 48B N. Old Stonehouse Road, Carlisle, PA 17013, and is represented by The Law Offices of Leslie David Jacobson in this matter. 2. Defendant Amanda S. Messner is an adult individual currently residing at 219 W. King Street, Abbotstown, PA 17301, and is represented by Hynum Law in this matter on a pro bono basis. 3. Defendant is currently unemployed and has no foreseeable income other than public assistance, 4. Defendant's attorney, Eric J. Bialas, Esq., certifies that he done a good faith investigation of Defendant's economic circumstances and has determined that Defendant is unable to pay costs and expenses to defend this matter. 5. Defendant seeks to join an additional defendant as well as make a complaint against an additional defendant and cannot afford service costs. 6. This matter comes by appeal of the Defendant from the Honorable Thomas A. Placey, MDJ No. MJ-09304-C'V-0000241-2011. 7. Since entering the Court of Common Pleas, no judge has ruled on this matter. 8. Plaintiff has no objections and concurs in the filing of this motion. WHEREFORE. Defendant respectfully requests this Honorable Court to enter an Order allowing Defendant to proceed in forma pauperis. Date: 1 Eric J. Bialas, Esquire Supreme Court ID #312326 Hynum Law 2608 North 3`d Street Harrisburg, PA 17110 (717) 774-1357 Attorney for Defendant CERTIFICATE OF SERVICE On this 27th day of December, 2011, I certify that a copy of the foregoing Motion to Proceed In Forma Pauperis was served upon Plaintiff's Counsel by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Attorney Scott McPartland Law Offices of Leslie David Jacobson 8150 Derry Street, Suite A Harrisburg, PA 17111 Date Eric J. Bias, Esquire 2608 North 3?d Street Harrisburg, PA 17110 Supreme Court ID #312326 (717) 774-1357 Attorney for Defendant SHELLEY MORTON, Plaintiff, AMANDA S. MESSNER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-7219-CIVIL CIVIL ACTION - LAW AND EQUITY ORDER AND NOW, this day of ?(c"1(,t -a y^ , upon consideration of the Motion to Proceed in Forma Pauperis, it is hereby ORDERED that the Motion is GRANTED. B E COURT: J. Distribution: tl Eric J. Bialas, Esquire, 2608 N. 3`d Street, Harrisburg, PA 17110 / Scott McPartland, Esquire, 8150 Derry Street, Suite A, Harrisburg, PA 17111 Crp,r5 ma, e,-( 1???1a N Fn XP r-n c) ru c m F: 1)r-7j?. 0 SHELLEY MORTON, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA . ? r NO. 11-7219-CIVIL c _ rn AMANDA S. MESSNER, z? - 0m Defendant CIVIL ACTION - LAW AND EQQ' ,o A' c? zca 3c _ C) o ? N D PRAECIPE FOR REISSUANCE OF A WRIT TO JOIN AN ADDITIONAL DEFENDANT NOT ALREADY A PARTY To the Prothonotary: Kindly reissue a writ to join JOSHUA RODRIGUEZ as an additional defendant to the above captioned case. Additional defendant's address is: Joshua Rodriguez 5022 East Trindle Road, A3 Mechanicsburg, PA 17050 4C, I Date 2608 North 3rd Street Harrisburg, PA 17110 Supreme Court ID #312326 (717) 774-1357 Attorney for Defendant ?F? CERTIFICATE OF SERVICE On this 6th day of January, 2012, 1 certify that a copy of the foregoing PRAECIPE FOR REISSUANCE OF A WRIT TO JOIN AN ADDITIONAL DEFENDANT NOT ALREADY A PARTY was served upon Plaintiffs Counsel by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Attorney Scott McPartland Law Offices of Leslie David Jacobson 8150 Derry Street, Suit Pill) Harrisburg, PA 171 1 I Date Y ' f i I( +? rrr Eric J. V)fds, Esquire 2608 North 3rd Street Harrisburg, PA 17110 Supreme Court ID #312326 (717) 774-1357 Attorney for Defendant SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 00,IV ct CltmhpT14114 PROTHONO naFEB 10 Pm0. 11 CUBE lLVaKtATY nosy Shelley Morton I Case Number vs. 2011-7219 Joshua Rodriguez SHERIFF'S RETURN OF SERVICE 02/08/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Joshua Rodriguez, but was unable to locate him in his bailiwick. He therefore returns the within Writ to Join Additional Defendant as not found as to the defendant Joshua Rodriguez. Request for service at 5022 E. Trindle Road A3, Mechanicsburg, Pennsylvania 17050 the Defendant was not found. Deputies were advised, Joshua Rodriguez moved in November 2011 and is thought to be residing in the Carlisle, Pennsylvania area. However, The Mechanicsburg Postmaster is still delivering his mail to this address. February 08, 2012 1rl (;OUII;`y'JUtIB Jh8!I?{. 72 e0=ofl. In SO ANSWERS, RON R ANDERSON, SHERIFF SHELLEY MORTON, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-7219-CIVIL AMANDA S. MESSNER, Defendant CIVIL ACTION - LAW AND EQUITY PRAECIPE FOR REISSUANCE OF A WRIT TO JOIN AN T rrJ '_#F- ADDITIONAL DEFENDANT NOT ALREADY A PARTY N 3 To the Prothonotary: ' Kindly reissue a writ to join JOSHUA RODRIGUEZ as an additional= --- defendant to the above captioned case. Additional defendant's address is: Joshua Rodriguez 267 Salem Church Rd Mechanicsburg, PA 17050 ? _,V - ()? Date Respectfully Eric J. Bialas, Esquire 2608 North 3rd Street Harrisburg, PA 17110 Supreme Court ID #312326 (717) 774-1357 Attorney for Defendant ?F? • ? r CERTIFICATE OF SERVICE On this 24th day of February, 2012, 1 certify that a copy of the foregoing PRAECIPE FOR REISSUANCE OF A WRIT TO JOIN AN ADDITIONAL DEFENDANT NOT ALREADY A PARTY was served upon Plaintiff's Counsel by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Attorney Scott McPartland Law Offices of Leslie David Jacobson 8150 Derry Street, Suite A Harrisburg, PA 17111 Date Eric J. Bialas, Esquire 2608 North 3rd Street Harrisburg, PA 17110 Supreme Court ID #312326 (717) 774-1357 Attorney for Defendant SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor r u? -8 AM 8: PEMI?SYl.VANIA Shelley Morton vs. Case Number . Joshua Rodriguez 2011-7219 SHERIFF'S RETURN OF SERVICE 03/07/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Joshua Rodriguez, but was unable to locate him in his bailiwick. He therefore returns the within Writ to Join Additional Defendant as not found as to the defendant Joshua Rodriguez. Request for service at 267 Salem Church Road, Mechanicsburg, Pennsylvania 17050 the Defendant was not found. Deputies were advised, by the Defendant's Mother, Joshua Rodriguez only picks his mail up at this address occasionally. March 07, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF SHELLEY MORTON, X1;12 AFR 17 AI! 10, IWTHE COURT OF COMMON PLEAS PlaQflif?ERLAND CW66WBERLAND COUNTY, PENNSYLVANIA pENINS`t'LVANIA NO. 11-7219-CIVIL AMANDA S. MESSNER, Defendant : CIVIL ACTION - LAW AND EQUITY PRAECIPE FOR REISSUANCE OF A WRIT TO JOIN AN ADDITIONAL DEFENDANT NOT ALREADY A PARTY To the Prothonotary: Kindly reissue a writ to join JOSHUA RODRIGUEZ as an additional defendant to the above captioned case. Date Respectfully, Eric ialas, Esquire 2608 North 3rd Street Harrisburg, PA 17110 Supreme Court ID #312326 (717) 774-1357 Attorney for Defendant '?Tp CERTIFICATE OF SERVICE On this 16th day of April, 2012, 1 certify that a copy of the foregoing PRAECIPE FOR REISSUANCE OF A WRIT TO JOIN AN ADDITIONAL DEFENDANT NOT ALREADY A PARTY was served upon Plaintiffs Counsel by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Attorney Scott McPartland Law Offices of Leslie David Jacobson 8150 Derry Street, Suite A Harrisburg, PA 17111 Date Eric J. Owas, tsqu" 2608 North 3rd Street Harrisburg, PA 17110 Supreme Court ID #312326 (717) 774-1357 Attorney for Defendant SHELLY MORTON, Plaintiff, AMANDA S. MESSNER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNS) >WANM NO. 11-7219-CIVIL CIVIL ACTION - LAW AND EQUITY ACCEPTANCE OF SERVICE I, Joshua Rodriguez, accept service and acknowledge receipt of the Writ to Join an Additional Defendant Not Already a Party reissued on April 171h, 2012 and certified that I am authorized to do so. Date: 5 ?? Joshu od t riguez Address: 91 e? ?P y I r 1 . Tele: ( ) Ct Owl ?l1 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION rn 32 SOUTH BEDFORD STREET, ap CARLISLE, PA 17013 co 717-249-3166 f? C:>-" x-- LISTED HA SIDO DEMANIDADO EN CORTE. Si usted desea defenderse de Cil demandas que se presentan mas adelante en las siguientes paginas, debe tonor J&iow dentro de is proximos viente (20) dias despues de la notification de esta Demanda y aviso radicando personalmente o por rnedio de un abogado una comparecencia escrita y radicando en la Corte por escritosus defenses de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tornar accion como se escribe anteriormente, el caso puede proceder sin usted y un fallo por qualquier suma de dinero reclamada en la demandaa o cualquier otra reclamacion o remedio solicitado por el demandanta puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad y otros direchos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTAOFICINA PUEDE PRO VEERLE INFORMACION A CERCA DE COMO CONSEGLJTR UNABOGADO. ST USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSSIBLE QUE ESTA OFICINA LE PUEDA PRO VEER INFORMACION SOBRE AGENCIES QUE OFREZCAN SERVTCIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUECUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 SHELLEY MORTON, Plaintiff, v AMANDA S. MESSNER, Defendant v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N Cl) c? NO. 11-7219-CIVIL ., - - A% G r?° Nr N ? , , - CIVIL ACTION - LAW AND EQL% C 1 . ?o? Cn Cc ??. ,. JOSHUA RODRIGUEZ, Additional Defendant DEFENDANT'S COMPLAINT AGAINT ADDITIONAL DEFENDANT JOSHUA RODRIGUEZ AND NOW COMES Amanda S. Messner, Defendant, by and through her attorneys, Hynum Law and Eric J. Bialas, Esq. and avers as follows: 1. The Plaintiff initiated this action by Complaint filed on or about October 7tn 2011. 2. Since the service of the Complaint and Answer thereto, additional knowledge has been presented to Counsel regarding the debt in question between Plaintiff and Defendant. 3. Additional Defendant Joshua Rodriguez was served with a Writ to Join an Additional Defendant Not Already a Party and accepted service on May 16, 2012. 4. Defendant Messner was in a romantic relationship with Plaintiffs brother, Additional Defendant Joshua Rodriguez. 5. It is believed and therefore averred that the Additional Defendant Joshua Rodriguez required funds in the amount of $900.00 to pay for existing fines in order to attend boot camp for the Marines. 6. Plaintiff agreed to lend the Additional Defendant Joshua Rodriguez $900.00 to pay off his outstanding fines. 7. Since it is believed and therefore averred that the Additional Defendant Joshua Rodriguez did not have a bank account to cash checks, Plaintiff issued the check to Defendant Messner to be used to pay off the Additional Defendant's fines. 8. Defendant used part or all of the funds to pay Joshua Rodriguez's fines in full. 9. The Additional Defendant's docket sheet for Docket Number MJ-41303- NT0000016-2009 shows a payment history on 5/26/2009 by Defendant Messner. See attached hereto as Exhibit "A" a true and accurate copy of the docket sheet. 10. The Additional Defendant requested that Defendant Messner issue Plaintiff a post dated check dated two weeks in advance in order to repay his sister for the $900.00. 11. It is believed and therefore averred that Additional Defendant Joshua Rodriguez agreed to repay the $900.00 to Defendant in order to fulfill the obligation on the post dated check that Defendant issued to Plaintiff. 12. Due to a breakdown in the romantic relationship between Defendant Messner and Additional Defendant Joshua Rodriguez, Defendant Messner and the Additional Defendant agreed that he was to repay the $900.00 to his sister, Plaintiff, directly, and that Defendant Messner was canceling the post dated check issued to Plaintiff. 13. It is believed and therefore averred that Defendant Messner called Plaintiff on the telephone and explained the situation to Plaintiff. Plaintiff agreed to accept repayment directly from her brother. 14. It is believed and therefore averred that since Defendant Messner was served with the Complaint, the Additional Defendant Joshua Rodriguez has repaid his sister for the $900.00 used for fines. COUNT I - BREACH OF CONTRACT 15. Defendant Messner incorporates paragraphs 1 through 14 as though fully set forth at length. 16. Defendant Messner and the Additional Defendant Joshua Rodriguez entered into a valid agreement whereby the additional Defendant agreed to repay Plaintiff directly for the $900.00 loan. 17. Joshua Rodriguez has repaid the Plaintiff directly. 18. The Additional Defendant's actions constitute a breach of contract. 19. The Additional Defendant is liable to both Plaintiff Morton and Defendant Messner. WHEREFORE, Defendant Amanda Messner, demands judgment against Additional Defendant Joshua Rodriguez in the amount of $900.00 and all other relief the court deems just. Respectfully Submitted, Eri J. Bialas, Esquire HYNUM LAW Supreme Court ID #312326 2608 N. Third Street Harrisburg, PA 17110 (717) 774 -1357 Attorney for Amanda Messner CERTIFICATE OF SERVICE On thisj? day of 2012, 1 certify that a copy of the foregoing Defendant's Complaint Against Additional Defendant Joshua Rodriguez was served upon the following by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Attorney Scott McPartland Law Offices of Leslie David Jacobson 8150 Derry Street, Suite A Harrisburg, PA 17111 Joshua Rodriguez 267 Salem Church Rd. Mechanicsburg, PA 170 0 r i AIAI Date Eric J. ialas, Esquire 2608 North 3`d Street Harrisburg, PA 17110 Supreme Court ID #312326 (717) 774-1357 Attorney for Amanda Messner Shelley Morton, * IN THE COURT OF COMMON PLEAS Plaintiff, * CUMBERLAND COUNTY, PENNSYLVANIA V Amanda S. Messner, Defendant * NO. 11-7219-CIVIL V * `. * ` Joshua Rodriguez, UIT - EC _-- ? s= -- Additional Defendant I * CIVIL ACTION - LAW AND r . C- -C c: 1.) Admitted == - 2.) Defendant lacks knowl edge or information to form a belief as to the allegations in parag raph :... 3.) Admitted 4.) Admitted 5.) Denied, Additional defendant did not require funds in the amount of $900.00 to pay for existi g fines in order to attend boot camp for the Marines 6.) Denied, Plaintiff did not lend the additional defendant $900.00 to pay off outstanding fines 7.) Denied, additional defendant denies not having a bank account and lacks knowledge or information alleged in the remainder of paragraph 7. 8.) Defendant lacks knowledge or information to form a belief as to the allegations in paragraph 9.) Denied. No exhibit 10.) Denied , additional defendant lacks knowledge or information regarding post dated check 11.) Denied, did not agree to repay plaintiff. Additional defendant had no knowledge of post date check 12.) Denied, lacks knowledge or information to form belief as to the allegations in paragraph 12. 13.)Unknown. Insufficient information 14.) Denied , additional defendant has not repaid his sister 15.)No response necessary 16.) Denied, additional defendant had no knowledge of loan 17.)Denied, additional defendant has not repaid plaintiff directly 18.) Denied, additional defendants actions do not constitute a breach of contract 19.)Denied, additional defendant is not liable to both the plaintiff Morton and Defendant Messn r. Joshua Rodriguez Date: 56- i Z- r ti CERTIFICATE OF SERVICE On this 30th day of July, 2012, 1 certify that a copy of the foregoing document was served upon the following: Attorney Scott McPartland Law office of Scott McPartland 8150 Derry Street, Suite A Harrisburg, PA 17111 (Attorney for Shelley Morton) Hymen Law Eric Bialas, Esquire 2608 N Third Street Harrisburg, PA 17110 (Attorney for Amanda Messner) Respectfully Submitted,. 0 Jo hua Rodriguez 6 267 Salem Church Road Mechanicsburg, PA 17050 SHELLEY MORTON, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. AMANDA S. MESSNER, NO. 11-7219-CIVIL Defendant, V. CIVIL ACTION - LAW AND EQUITY JOSHUA RODRIGUEZ, Additional Defendant ORDER OF COURT AND NOW, 2013, in consideration of the foregoing Petition, --Va �� JAA'e�L , Esq., and rL 71 A 71i" Esq., and , Esq., are appointed arbitrators in the above captioned action as prayed for. C'j BY THE COURT, ;CD c ' U-z a �� 0 r'o :L= mW KE A. HESS, P.J. — m ,1 c J cv CJ ,�stribution: �ott McPartland, 8150 Deg Street, Ste. A, Harrisburg, PA 17111 x c J. Bialas, 2608 North 3` Street, Harrisburg, PA 17110 ✓Joshua Rodriguez, 2'67 Salem Church Road, Mechanicsburg, PA 17050 y LL �n 3 SHELLEY MORTON, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENN& 'LV;�'NIA p - y NO. 11-7219-CIVIL AMANDA S. MESSNER, P C D Defendant r-° Ln v _ CIVIL ACTION — LAW AND EQUITY JOSHUA RODRIGUEZ, Additional Defendant MOTION FOR CONTINUANCE Defendant, by and through their attorneys Hynum Law and Eric J. Bialas, Esquire respectfully submits this Motion for Continuance for the Arbitration scheduled on Monday, June 24, 2013 at 1:00p.m. and in support thereof states as follows: 1. The Defendant is represented by Eric J. Bialas, Esq. in regard to the above- matter. 2. Eric J. Bialas, Esquire is the attorney of record for the Defendant, Amanda S. Messner. 3. Counsel spoke with its client on June 18, 2013 and was informed that she will not be able to attend the Arbitration due to looking for employment out of state. 4. Defendant Messner is being represented pro Bono, is in dire financial straits, and requires this continuance to seek employment out of state. 5. Plaintiff and her Counsel does not concur with the Continuance. 6. Additional information on Joshua Rodriguez is unknown at this time. Counsel is unable to contact Defendant regarding continuance. WHEREFORE, the Defendant requests his Motion for Continuance be granted. Date: Eric J. la , Esquire Hynum Law Supreme Court ID #312326 2608 North 3rd Street Harrisburg, PA 17110 (717) 774-1357 CERTIFICATE OF SERVICE I, Rebecca Stumbaugh, Paralegal for Eric J. Bialas Esquire, do hereby certify that on this, the 18th day of June 2013, I served a true and correct copy of the foregoing document upon . Counsel for the Plaintiff by First Class Mail, Postage Prepaid: Scott McPartland, Esquire Jacobson, Julius & McPartland 8150 Derry Street, Suite A Harrisburg, PA 17111 Joshua Rodriguez 267 Salem Church Road Mechanicsburg, PA 175050 Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 David H. Martineau, Esquire 124 W King Street Shippensburg, PA 17257 Matthew A. McKnight, Esquire Irwin & McKnight 60 West Pomfret Street Carlisle, Pennsylvania 17013-3 Dated: Rebecca Stumbaugh, Parale al for Eric J. Bialas, Esquire Attorney Id.No. 312326 Hynum Law 2608 N. Third Street Harrisburg, PA 17110 (717) 774-1357 Attorney for the Defendant SHELLEY MORTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION— LAW AND EQUITY v. AMANDA S. MESSNER, : NO. 11-7219 CIVIL TERM Defendant • v. • JOSHUA RODRIGUEZ, Additional Defendant • 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 w e duties of our office with fidelity. fir , Wayne��de, Chairman David H. Martineau, Esquire Matthew A. McKnight, Esquire 53 West Pomfret Street Salzmann Hughes, P.C. Irwin& McKnight, P.C. Carlisle, PA 17013 354 Alexander Spring Road 60 West Pomfret Street Carlisle, PA 17015 Carlisle, PA 17013 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay arQ atiaLled, they sha 1 be eparately stated.) cLkt critiLtIA 0-t.) 6)-t° ,r7D Ofe,LL,4 Locitz 0-„a_ _iLt„ITS s acj( q. �. , Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: June 24, 2013 L - Wayne F Xhade, Chai . // Date of Award: t 0,069 _ / �� David H. Martineau, Esquire Matthew . McKnight, Esquire OF THE PRTHONOTA:c 2013 JUN 24 PM 1: 21 CUMBERLAND COUNTY PENNSYLVANIA V t/ 144 ite z_ S'ee 114t7 //4 ( V /3;e; /4*f.• itta. lee( '1,' Notice of Entry of Award NOW, the ,71,1*.day of wkr , 2013, at / : )/ .M., the above award was entered upon the docket and notice ereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 4/� S� gill►iie = /_ `/ By: Y ��_ Prothonotary Deputy