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HomeMy WebLinkAbout11-8408FILED-OFFICE OF THE PROTHONOTARY 2511 NOV -7 PM 3: 25 Cll PENNSYLVANIA TY THE LAW FIRM OF MAY & MAY, P.C. Robert C. May, Esq. Attorney I.D. # 65602 4330 CARLISLE PIKE Attorney for Plaintiff CAMP HILL, PA 17011 (717) 612-0102 (phone) SIDNEY H. MILLER Plaintiff V. G. PATRICK O'CONNOR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTIONNO. 1- ay08 Clvt l 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 A LAWYER. 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 FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street, Carlisle, PA 17013 717-249-3166 Page 1 U auk lr9a.00 lct? C t a STS( 'P 9-tt QU701(Q THE LAW FIRM OF MAY & MAY, P.C. Robert C. May, Esq. Attorney I.D. # 65602 4330 CARLISLE PIKE CAMP HILL, PA 17011 (717) 612-0102 (phone) Attorney for Plaintiff SIDNEY H. MILLER Plaintiff V. G. PATRICK O'CONNOR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. COMPLAINT AND NOW, comes Plaintiff SIDNEY H. MILLER by and through his attorney, Robert C. May, Esquire, and files this Complaint as follows: 1 2 3 Plaintiff SIDNEY H. MILLER (hereinafter "Miller") resides at 850 E. Louther St., Carlisle, PA 17013. Defendant G. PATRICK O'CONNOR (hereinafter "O'Connor") resides at 503 Pen Ayr Rd., Camp Hill, PA 17011. Miller's primary occupation is owning and operating New Singles Dance, as a partner with O'Connor, and now as a sole proprietor. Page 2 4. O'Connor's primary occupation is owning and operating a law practice as a sole proprietor, but he was also a partner in owning and operating New Singles Dance, as a partner with Miller, and now is competing with Miller under a different name as a sole proprietor. 5. The parties have operated dances in partnership each weekend since approximately 1988 known as the New Singles Dance charging admission to members who attend each dance. 6. On September 28, 1990, the parties entered into a partnership agreement, a copy of which is attached hereto as Exhibit "A" and incorporated by reference. 7. By long-standing mutual agreement and practice each party has operated the dance in alternating months, with January, March, May, July, September, and November being run by Miller, and February, April, June, August, October and December being run by O'Connor. 8. Beginning in September, 2011, O'Connor began to operate the dance in September, which had by long-standing mutual agreement and practice been Miller's month. 9. Miller, through counsel, objected in writing on September 2, 2011, to O'Connor's operation of the dance in Miller's month, asking O'Connor to refrain from operating the dance in September, on the grounds that O'Connor's operation of the dance in September would cannibalize and competing with Miller's operation of the dance in September. 10. O'Connor operated the dance in September and did not respond to Miller's counsel. 11. Miller also operated the dance in September as had been previously scheduled prior to O'Connor also operating in September. 12. Miller, also through counsel by the September 2, 2011 correspondence, demanded that O'Connor, as required by the partnership agreement, share the mailing list which O'Connor had developed, including but not limited to the phone numbers of the Page 3 members. 13. Miller had shared with O'Connor Miller's mailing list from time to time with O'Connor, including but not limited to the phone numbers of the members, but O'Connor has not reciprocated and shared the names, addresses and telephone numbers that O'Connor has developed for the partnership. 14. O'Connor did not respond to Miller's request through counsel. 15. By long standing agreement and practice, for a fee, O'Connor also handled the booking of the dance venues and the email advertising to the members. 16. By long standing agreement and practice, for a fee, O'Connor also handled the Google search advertising and preparing and printing the monthly schedules. 17. By long standing agreement and practice, O'Connor billed Miller on a regular basis for Miller's share of the O'Connor's time and efforts to book the dances, handle email advertising, handle Google search advertising and prepare and print the monthly schedules. 18. The amount paid by Miller to O'Connor for Miller's share of O'Connor's services was not insignificant. O'Connor brought a civil action against Miller for $5,481 for such services after Miller had already paid approximately $10,000 for such services, claiming a shortfall in payment by Miller to O'Connor, which dispute was settled in open court, Civil Action No. 07-5208. 19. By long standing agreement and practice, the monthly dance schedules were handed out at each dance to advertise upcoming dances and were a valuable asset of the partnership. 20. O'Connor, on or about October 4, 2011, presented Miller with a proposed written agreement that would abrogate and nullify all of Miller's rights under the partnership agreement. Page 4 21. Miller brought the new agreement to counsel, and through counsel, objected on October 5, 2011, in writing to the new proposed agreement, on the grounds that the new agreement was being forced upon Miller through economic duress, as O'Connor, who controlled the preparation of the schedule, the comprehensive written and electronic mailing lists, and handing out of the schedules at O'Connor's October dances, would not schedule or advertise Miller's November dances unless Miller signed the new written agreement. 22. Miller's counsel, also in the October 5, 2011, correspondence, requested that O'Connor not withhold either the scheduling or publication of Miller's November dances as proposed by Miller to O'Connor. 23. Not only did O'Connor withhold the scheduling and publication of Miller's November dances, O'Connor scheduled and published those dances, intending them for himself and not for Miller even though Miller had already arranged for entertainment. 24. Miller's counsel, also in the October 5, 2011, correspondence, for the second time demanded that O'Connor share his mailing lists, in useable electronic format, with Miller. 25. Miller's counsel, also in the October 5, 2011, correspondence, pointed out in detail each problem with the proposed new agreement and how each problem could be remedied to meet Miller's approval of any new agreement. 26. On October 9, 2011, O'Connor sent a notice terminating the partnership to Miller, which Miller brought to his counsel, a true and correct copy of which is attached at Exhibit "B" hereto and incorporated by reference. 27. After October 9, 2011, Miller attempted to use self-help by contacting each hotel venue to gain control of the November dance venues Miller was expecting to operate in, but was Page 5 unable to as each hotel venue informed him that the venue had already been booked by O'Connor for the evenings in question. 28. It is very difficult to book desirable hotel venues for a dance on a desirable evening without advance planning and without a history with the hotel venue. 29. On October 17, 2011, Miller's counsel sent a cease and desist letter to O'Connor, asking O'Connor to comply with the written partnership agreement and thereby (1) cease and desist operating the dance in the venues that have been home to the dance in the recent past, (2) to cease and desist using the name New Singles, and (3) for the third time in writing, again requested the mailing list from O'Connor. 30. In the October 17, 2011 correspondence, Miller's counsel also advised O'Connor that as Miller is the owner of the dance from and since the termination of the partnership pursuant to written agreement, O'Connor must turn over an accounting and remittance of revenues for each dance held by O'Connor since the date of termination. 31. O'Connor shortly thereafter ceased and desisted from using the name "New Singles," but he continues to withhold the comprehensive written and electronic mailing lists, and he continues to operate the dance in the venues traditionally and recently operated as the New Singles Dance, and on the same time schedule, with advertising to the same New Singles Dance members. 32. Miller has not been able to operate the dance since the termination of the partnership due to O'Connor's refusal to share the comprehensive written and electronic mailing lists, which is critical for advertising the dance, and due to O'Connor's refusal to allow Miller to hand out the schedule for the New Singles dance at the O'Connor dance which has been held at the same venues traditionally held by the New Singles Dance, to the same members, since O'Connor terminated the partnership. Page 6 33. Without the ability to effectively advertise the New Singles Dance, either through handing out schedules at a dance or through e-mail advertising, and with O'Connor taking the venues that New Singles Dance, Miller is not able to effectively continue the New Singles dance. 34. Miller is further disadvantaged because O'Connor controls the Google search engine advertising, and no longer operates it for the benefit of the New Singles Dance, but rather for "Pat's Dance" and/or "York Singles" and other names that O'Connor is experimenting with since he stopped using the New Singles name. 35. Miller is further disadvantaged as O'Connor handled the scheduling with the hotel venues, and the hotel venues are accustomed to scheduling with O'Connor, and O'Connor used this advantage to schedule "Pat's Dance/York Singles Dance" on the same evenings, at the same venues, as Miller had told O'Connor that Miller would like to operate in November for New Singles. COUNT I -MAILING LISTS 36. Paragraphs 1 through 33 are incorporated by reference. 37. O'Connor has breached his fiduciary duty as a partner in withholding the comprehensive written and electronic mailing lists from Miller, both in operating the partnership as well as in terminating the partnership. 38. O'Connor has breached his contract, namely the written partnership agreement, in withholding the comprehensive written and electronic mailing lists from Miller, both in operating the partnership as well as in terminating the partnership, which agreement provides for a sharing by the partners of the mailing lists. 39. Unless defendant O'Connor is enjoined, he will continue to violate his fiduciary duty and Page 7 the provisions of his partnership agreement with plaintiff Miller. 40. By reason of the foregoing, plaintiff Miller will suffer irreparable injury and harm and is therefore without an adequate remedy at law; plaintiff Miller is likely to succeed on the merits in a full hearing for final injunctive relief; and in balancing the inconveniences and possible injuries to the parties if the requested injunction relief is granted, the equities weigh in favor of plaintiff Miller. 41. WHEREFORE, plaintiff requests: (a) that this court set an immediate hearing date on plaintiff's request for a preliminary injunction; (b) that preliminary and permanent injunctions issue enjoining defendant O'Connor to cease withholding the partnership's comprehensive written and electronic mailing lists from Miller and to immediately and require O'Connor to deliver the comprehensive written and electronic mailing lists to Miller in useable format, including but not limited to names, addresses (mail and email), and telephone numbers; (c) that the court order an accounting of the profits wrongfully realized by defendant and award damages in favor of plaintiff and against defendant to compensate it for harm done to his property rights and business interests caused by defendant; (d) that punitive damages be awarded in favor of plaintiff and against defendant Miller for the malicious, willful, and wanton disregard for the rights and interests of plaintiff, (e) that reasonable attorneys fees be awarded in favor of plaintiff and against defendant O'Connor; and (f) that the court grant such other relief as may be proper. COUNT II - USE OF DANCE VENUES 42. Paragraphs 1 through 39 are incorporated by reference. 43. O'Connor has willfully and intentionally interfered with and/or converted to his own personal property the New Singles Dance by his actions both prior to and after O'Connor's termination of the partnership with the result of preventing Miller and New Singles Dance from using the venues that it had come to enjoy over a period of more than 20 years in development. Page 8 44. Such interference breached and breaches the fiduciary duty O'Connor had and has to his former partner in operating and terminating the partnership, respectively. 45. Such interference also breaches the partnership agreement, which provides that the partner who does not terminate the partnership becomes the sole owner of the dance. 46. The "dance" since the partnership agreement was written has evolved to become a dance which is held in the original location (Park Inn - Mechanicsburg), as well as six (6) additional locations (Wisehaven in York, Valencia in York, Holiday Inn - Grantville, Holiday Inn - New Cumberland, Radisson Penn Harris, and American Legion - Dillsburg), and the dance is not a single dance at a single venue. 47. Miller has worked for over twenty (20) years in building up the "dance" since agreeing to the written partnership agreement. 48. The "dance" and the rights thereto includes the right of Miller to exclude O'Connor not only from using the "New Singles Dance" name, but also, from using the "New Singles Dance" venues in its eleven (11) long-standing and traditional venues. 49. Unless defendant O'Connor is enjoined, he will continue to violate his fiduciary duty and the provisions of his partnership agreement with plaintiff Miller. 50. By reason of the foregoing, plaintiff Miller will suffer irreparable injury and harm and is therefore without an adequate remedy at law; plaintiff Miller is likely to succeed on the merits in a full hearing for final injunctive relief; and in balancing the inconveniences and possible injuries to the parties if the requested injunction relief is granted, the equities weigh in favor of plaintiff Miller. 51. WHEREFORE, plaintiff requests: (a) that this court set an immediate hearing date on plaintiff's request for a preliminary injunction; Page 9 (b) that preliminary and permanent injunctions issue enjoining and restraining defendant O'Connor from directly or indirectly scheduling any dance at, or interfering with Miller's attempt to schedule any dance at the following venues: Wisehaven in York, Valencia in York, Holiday Inn - Grantville, Holiday Inn - New Cumberland, Park Inn - Mechanicsburg, Radisson Penn Harris, and American Legion - Dillsburg; (c) that the court order an accounting of the profits wrongfully realized by defendants and award damages in favor of plaintiff and against defendant to compensate it for harm done to his property rights and business interests caused by defendant; (d) that punitive damages be awarded in favor of plaintiff and against defendant Miller for the malicious, willful, and wanton disregard for the rights and interests of plaintiff; and (e) that reasonable attorneys fees be awarded in favor of plaintiff and against defendant O'Connor; and (f) that the court grant such other relief as may be proper. Respectfully Submitted: THE LAW FIRM OF MAY & MAY, P.C. 4330 Carlisle Pike Camp Hill, Pennsylvania 17011 (717) 612-0102 (phone) Attorney for Plaintiff SIDNEY H. MILLER , bert C. May, Esquire Identification No.: 65602 DATED: November 7, 2011 Page 10 EXHIBIT "A" - WRITTEN PARTNERSHIP AGREEMENT WALTER G. O'CoNmRAmodates P.O. BOX Y, SIPE AVENUE, HERSHEY, PA. 17033 • PHONE 717/534-1000 658 Old York Rd. Etters, Pa. 17319 September 28, 1990 Mr. Sidney Miller 850 E. Louther St. Carlisle, Pa. 17013 Dear Sid: Let this serve as an agreement between us to form a Limited Partnership with you as general partner and Walter G. O'Connor Associates, Inc., as limited partner for the purpose of owning and operating a dance for unmarried members of the public at the Holiday Inn Lounge at 5401 Carlisle Pike, Mechanicsburg, Pa. The partnership will be funded with two thousand dollars provided by you to be used to pay for all advertising,•mailing, postage, promotional and incidental expenses in operating the dance enterprise except for payment of facility rental for the dance, personne] needed to take money at the front desk, and disc jockey services. O'Connor's contribution will be to provide its mailing list as necessary for.the purpose of promoting the dance, as well as providing advertising,sssistande and promotional expertise to you. r, You agree to refrain from obligating for services beyond the amount in the fund and acknowledge that you maintain responsibility for any excess expenditures. In the event it becomes-desirous to replenish the fund to cover for future promotional or incidental purposes, this will be done to the extent of our mutual agreement at the time it becomes desirable. Payments for obligations will be made by you. You will retain financial records, receipts, contracts and mailing lists generated by the dance operation, but O'Connor will have the right to inspect and copy all such documents at any reasonable time if it so desires. Advertising/Marketing/Public Relations/Film & Video Tape Production 1 Sidney Miller... page 2 September 28, 1990 Proceeds from each dance will be distributed in a timely fashion as follows: payment to the personnel hired to help at the desk, payment to the disc jockey, and payment to the Holiday Inn. The remainder will be divided equally between you and O'Connor. In the event of the dissolution of Walter G. O'Connor Associates, Inc., limited partnership will automatically vest in me, personally, under the same terms as discribed in this letter,, ' -- In the event the dance is removed from the Holiday Inn Lounge and moved to a different location, and/or the name of the dance is changed, this agreement will continue in force. This partnershtp may. be dissolved 4, one party giving notice to the other. In the event of dissolution, the party who does not give notice has the right to continue operating the dance and retains complete respon- sibility and all rights to the dance and its income, unless otherwise mutually agreed. In the event of death or incapacity of one partner, all rights and responsibilities in the partnership will automatically vest in the other partner. Neither partner will expect or receive a salary or additional com- pensation other than one-half the profits: Neither partner will have authority to hire personnel unless otherwise mutually agreed, other than those stated in this agreement. Upon dissolution, all property of the Partnership will be divided equally and both parties will be given full access to the mailing list generated by the dance. *Sicerely yours, G. Patrick O'Connor President We he express our agreement to the above: Sidney MillAJ' A ?zke:? . . Patrick O'Connor President Walter G. O'Connor Associates, Inc. EXHIBIT "B" - PARTNERSHIP TERMINATION G. Patrick O'Connor 503 PENN AYR RD. CAMP HILL, PA 17011 TELEPHONE: 717-303-1969 Email: patoconnor1000@gmail.com October 9, 2011 Sidney H. Miller 850 E. Louther Street Carlisle, PA 17013 Dear Sid: Due to certain differences of opinion and after much consideration, I hereby terminate whatever business relationship we have with each other effective at 11:00 p.m. tonight, October 9, 2011. 1 am not certain exactly the nature of our present relationship, whether it is a partnership, a joint adventure, or some other characterization. However, whatever its exact nature, it is ended tonight. This termination or disassociation is also being made on behalf of Walter G. O'Connor Associates, Inc., in the event that it is a party to the relationship. Sinter ly, G. Patrick O'Connor, individually and for Walter G. O'Connor Associates, Inc. VERIFICATION I, Sidney H. Miller, verify that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Sidney H. Wier DATED: ?O ? fA? 7 Do I FILED-OFFICE OF THE PROTHONOTARY 2011 NOY -7 PM 3: 28 CUMBERLAND COUNTY PENNSYLVANIA THE LAW FIRM OF MAY & MAY, P.C. Robert C. May, Esq. Attorney for Plaintiff Attorney I.D. # 65602 4330 CARLISLE PIKE CAMP HILL, PA 17011 (717) 612-0102 (phone) SIDNEY H. MILLER Plaintiff V. G. PATRICK O'CONNOR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION NO. l l- 4 a cwt-( PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION AND NOW, comes Plaintiff SIDNEY H. MILLER by and through his attorney, Robert C. May, Esquire, and respectfully petitions this Court for an Order granting a Preliminary Injunction pursuant to Pennsylvania Rule of Civil Procedure 1531, and in support thereof alleges as follows: COUNT I - MAILING LISTS Paragraphs 36 through 41 of the complaint filed by plaintiff Miller are incorporated. WHEREFORE, plaintiff requests that this court issue a preliminary injunction until a final hearing enjoining defendant O'Connor to cease withholding the partnership's comprehensive written and electronic mailing lists from Miller, and to immediately require O'Connor to deliver the comprehensive written and electronic mailing lists to Miller in useable format, including but not limited to the names, addresses (mail and email), and telephone numbers of each of the members of the dance. Page 1 COUNT II - DANCE VENUES 2. Paragraphs 42 through 51 of the complaint filed by plaintiff Miller are incorporated. WHEREFORE, plaintiff requests that this court issue a preliminary injunction until a final hearing enjoining and restraining defendant O'Connor from directly or indirectly scheduling any dance at, or interfering with Miller's attempt to schedule any dance at the following venues: Wisehaven in York, Valencia in York, Holiday Inn - Grantville, Holiday Inn - New Cumberland, Park Inn - Mechanicsburg, Radisson Penn Harris, and American Legion - Dillsburg. Respectfully Submitted: THE LAW FIRM OF MAY & MAY, P.C. 4330 Carlisle Pike Camp Hill, Pennsylvania 17011 (717) 612-0102 (phone) Attorney for Plaintiff SIDNEY H. MILLER By Robert C. May, Esquire Identification No.: 65602 DATED: November 7, 2011 Page 2 SIDNEY H. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLN^A''N I V -'' , ?i - r ?nF NO. 2011-8408 CIVIL TERM cnr?" -e G. PATRICK O' CONNOR, r °D ---+ Defendant ° -0 ©r ORDER OF COURT CD AND NOW, this 18TH day of NOVEMBER, 2011, the hearing scheduled for November 23, 2011, at 3:00 p.m. has been rescheduled for MONDAY. NOVEMBER 21, 2011, at 1:00 p.m. in Courtroom # 3, Cumberland County Courthouse, Carlisle, Pa. ? Robert C. May, Esquire 4330 Carlisle Pike Camp Hill, Pa. 17011 G. Patrick O'Connor, Esquire P.O. Box Y, Sipe Avenue Hershey, Pa. 17033 e Court, Edward E. Guido, J. :sld SIDNEY H. MILLER, Plaintiff V. G. PATRICK O'CONNOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-8408 CIVIL TERM IN RE: REQUEST FOR PRELIMINARY INJUNCTION ORDER OF COURT AND NOW, this 21st day of November, 2011, after hearing, the Plaintiff's request for a preliminary injunction is granted in part. The Defendant is directed to provide a copy of the entire mailing list as it existed on October 8, 2011, to the Defendant within 10 days of the Defendant posting bail in the amount of $1,000.00. Plaintiff is enjoined from sharing the mailing list. with any other party. In all other respects, the request for preliminary injunction is denied. By the Court, Edward E. Guido, J. Robert C. May, Esquire . Attorney for Plaintiff G. Patrick O'Connor, Esquire Defendant, Pro se c- -0 -- -b m -,- ??? ° srs w C ° Zo .. ?. R?..?? ?u-?r I~ ICc THE LAW FIRM OF MAY & MAY, P.C. u1 ?r? 1FROTHONOTAR Robert C. May, Esq. Attorney for P ' f Attorney I.D. # 65602 t ? F B 15 Ail 10: 4 3 4330 CARLISLE PIKE ? UMBERLAND COUNTY CAMP HILL, PA 17011 PENNSYLVANIA (717) 612-0102 (phone) SIDNEY H. MILLER Plaintiff V. G. PATRICK O'CONNOR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION NO. 11-8408 CERTIFICATE OF SERVICE I, Robert C. May, Esquire, attorney for Plaintiff, hereby certify that the Defendant in the above captioned matter has been served the Motion to Dissolve Order Dated November 21, 2011, and November 29, 2011, along with a copy of the Proposed Order, by depositing the same in first class United States mail, postage pre-paid, addressed as follows: G. Patrick O'Connor 503 Penn Ayr Rd. Camp Hill, PA 17011 Respectfully Submitted: THE LAW FIRM OF MAY & MAY, P.C. 4330 Carlisle Pike Camp Hill, Pennsylvania 17011 (717) 612-0102 (phone) Attorney for Plaintiff SIDNEY H. MILLER Robert C. May, Esquire Identification No.: 65602 DATED: February 14, 2012 SIDNEY H. MILLER V. G. PATRICK O'CONNOR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - 8408 CIVIL ORDER OF COURT AND NOW, this 21sT day of FEBRUARY, 2012, a Rule is issued upon the Defendant to Show Cause why Plaintiff's $1000 bond should not be returned. Rule returnable twenty (20) days after service. B ourt, Edward E. Guido, J. v/ Robert C. May, Esquire V' G. Patrick O'Connor, Esquire sld C r?. ,%Y- L mm n i r rm m -C N C) "` Z'c-, c-.D c..s -C CD SIDNEY H. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION NO. 11-8408 Civil Teter ;°, zM G. PATRICK O'CONNOR, u?irX- 7u r Defendant r ?- CD <? - C ' Q _ ANSWER TO PLAINTIFF'S MOTION FOR PARTIAL DISSOLUTIOF ORDER DATED NOVEMBER 21,2011 AND AMENDING ORDER DA C; NOVEMBER 29, 2011 _ 1. Admitted. 2. Admitted. Denied. Plaintiff obtained useable email addresses, which he used to solicit customers for dances which he scheduled and operated. 4. Admitted in part and denied in part. Admitted that Plaintiff returned a print-out of the mailing list. Denied that Plaintiff did not retain the new mailing addresses provided by the Defendant. By way of further response, the Defendant's mailing list was shared by the Plaintiff with another party in defiance of this Court's Order of November 21, 2011 and its Amending Order of November 29, 2011. Further, the email addresses were added to an electronic list controlled by the Plaintiff and the other party to which Plaintiff provided the list. 5. Denied that the $1,000 bond deposited by the Plaintiff should be returned to the Plaintiff. WHEREFORE, Defendant requests that prior orders issued by this Court remain in place, and that the $1,000 bond continue to be held by this Court, or provided to the Defendant, as this Courts determines to be appropriate. The Defendant further requests this Court order that all copies of the mailing list, whether they be in electronic or paper format, be destroyed, and enjoin the Plaintiff from disseminating the mailing list, or assisting or encouraging any other party to use or distribution of the mailing list. Respectfully Submitted, G. Patrick O'Connor, pro se 503 Penn Ayr Rd. Camp Hill, PA 17011 DATED: March 13, 2011 Telephone: 717-737-7760 SIDNEY H. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION NO. 11-8408 Civil Term G. PATRICK O'CONNOR, Defendant CERTIFICATE OF SERVICE I, G. Patrick O'Connor, hereby certify that the Plaintiff in the above captioned matter has been served the Answer to Plaintiffs Motion for Partial Dissolution of Order Dated November 21, 2011 and Amending Order Dated November 29, 2011 by depositing the same in first class United States mail, postage pre-paid, addressed as follows: Robert C. May, Esquire Law Firm of May & May, P.C. 4330 Carlisle Pike Camp Hill, PA 17011 DATED: March 14,, 2011 Respectfully Submitted, l G. Patrick O'Connor, pro se 503 Penn Ayr Rd. Camp Hill, PA 17011 Telephone: 717-737-7760 SIDNEY H. MILLER, Plaintiff VS. G. PATRICK 0,CONNOR, Defendant IN THE COURT OF COMMON PENNSYLVANIA CUMBERLAND COUNTY, ACTION - LAW NO. 11-8408 CIVIL , ORDER this ? ? +? day of March, 2012, it appearing that an answer to the rule AND NOW, the Motion to Make Rule Absolute is DENIED. We will schedule a hearing on has been filed, the issue at the request of either party. BY TH Edward E. Guido, J. Robert C. May, Esquire For the Plaintiff J G. Patrick O' Connor, Pro Se Defendant Am e3 Walled 3/,2b//a • A& TS Li -x :Aj 77 f r -:Z C•J V (b, SIDNEY H. MILLER Plaintiff V. G. PATRICK O'CONNOR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 11-8408 ORDER On this day of 2012, upon consideration of the petition by plaintiff's counsel for withdrawal of app arance, It is ordered that the appearance of Robert C. May, Esquire, as counsel of record for plaintiff is withdrawn and the prothonotary is instructed to so mark the docket. It is further ordered that all proceedings are stayed for sixty (60) days in order to give plaintiff the opportunity to retain new counsel. BY THI R- s J. Mai t ma, 7 Mel, ?pJ rs g4ct, led `Zl3 rv '- i x 1 n 2i. rll- -. ;zm cni 1> N C?+ p" ? qCD Y ?c --? THE '71"'0601 ' rll? r_r 2012 MAY -2 pm 1: 20 CtIMS AND COUNTY p? SYI.VANIA SIDNEY H. MILLER, Plaintiff vs. O. PATRICK O'CONNOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVEL ACTION ,- LAW NO. I I-9408 CIVIL /T/ /'? / C-'P06S 4f ,V 1'? eW 1011 /G Mel- L ' t SIDNEY H. MILLER, Plaintiff V. G. PATRICK O'CONNOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - 8408 CIVIL ORDER OF COURT AND NOW, this 11TH day of MAY, 2012, a hearing on Plaintiff's request is scheduled for THURSDAY, MAY 31, 2012, at 1:00 p.m. in Courtroom # 3 of the Cumberland County Courthouse, Carlisle, Pa. The only issue to be addressed at said hearing is whether Plaintiff's $1000 bond should be returned. B .x ourt,? Edward E. Guido, J. X idney H. Miller 850 East Louther Street Carlisle, Pa 17013 ' J X. Patrick O'Connor 3105 Gettysburg Road Camp Hill, Pa. 17011 ?a :sld 0 r, rnm zrn 7 ""C ° r ' .ice i 1 ] r-r, s: ' .rViV16 C'C L: '.1Y t1 ',.. .. .; 'V _ •.•[?.1' 'PN, `HKT t'11.C - A.3 C IN t: -,A', U 'NJ C?1EC}: Day=: 060'//20 -a e :>. DefEan- Descriptions 08-_ C8 ',/:=-!L=-T_ SII-NE-%7 H BOND * 2157 * Amt Released Receipt 1000.00 268064 C'= David D Buell CUMBERLAND COUNTY PROTHONOTARY OFFICE GL-'ER4L. FLT-ND I COURTHOUSE SQLWRE, SUITE 100 C.aRL:ISLE. PA 17013 CHECK DATE CHECK NUMBER 06/07/2012 2157 TO THE ORDER OF MILLER SIDNEY H 2011-8408 850 EAST LOUTHER STREET CARLISLE, PA 17013 Check Amount: 1000.00 INFOCON CORPORATION[L1558HEI 3385603 ORRSTOWN BANK SHIPPENSBURG, PA 60-1503/313 PAY THIS AMOUNT $1,000.00 One Thousand And 00/100 Dollars 11200 2 1 5 711' 1:0 1 L 3 L 50 3D: L08 AUTHORIZEDS NATURE LLLL7L11? s v.5 60 Check Reaisoer Costs & Fees Tran Receipt Caw Trans Check Check Check ?alw e Nam=_ - Rel Date Desc No No Amouno Date No Amount MILLER SIDNEY H BOND 12/02/2011 PYMT/CHECK 268054 11-08406 1,000.00 06/07/2012 2157 1,000.00 ** Total Amount Released 1,000.00 ----------------- ------------------End of Listing ------------------ ----------------------- ------------ ---------------- SIDNEY H. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. G. PATRICK O'CONNOR, Defendant NO. 2011-8408 CIVIL TERM ORDER OF COURT AND NOW, this 31st day of May, 2012, by agreement of the parties, the $1,000.00 bond deposited by Plaintiff shall be returned to him. Our prior orders shall remain in full force and effect. If the Plaintiff violates said orders, he shall be required to pay $1,000.00 directly to Defendant in addition to any actual damages incurred. By the Court, Edward E. Guido J. `=- tdney H. Miller 77 850 East Louther Street :_-c- Carlisle, PA 17013 Patrick O'Connor J 3105 Gettysburg Road Camp Hill, PA 17011 ?? :lfh '0 ox SIDNEY H. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. G. PATRICK O'CONNOR, NO. 2011 - 8408 CIVIL Defendant ORDER OF COURT AND NOW, this 9TH day of JULY, 2012, the Plaintiff's "Petition" makes bold allegations of fact with no request for relief, it is DISMISSED. By t ourt, Edward E. Guido, J. Sidney H. Miller c _t 850 East Louther Street Carlisle, Pa 17013 T.M rte- -vim -gin N C ? G. Patrick O'Connor t a o cD 3105 Gettysburg Road ' <'3 -- Camp Hill, Pa. 17011 co ' :sld plPS ".fed 7/1a./ fix ~ ~~._, ~'xA-E~'E FOR. LISI'I~iG CASE F034 TRiA,I. ~,~ s9• ~ r, (Mast be typewritten and submitted in dwplicate) ~ TO THE PROTHONOTARY OF CUMBERLAND COi]N7'Y ~,-- ~ ~ _ ~ M Ple~sse list the wing case: ~ t~ 3 ~ for 3URY trim st the next term of civil court. ?~ ~ o ~~ for trial without a jary. M ~' ~___ ________________________ ____~ ~ ---tom,----:% ____~~~ _,: CAPTION OF CASE (earebe c~ioa a~ ~ statsd,tn,fu~ ~~~y~ ~~<<~~~~ u ~! ~, ~~i °~~ OGc~~ft) vs. (c one) Civil Action -Law Appeal from arbitration (other) :,, ~, e `,' The trial ibt will be c an ~~f 3~i 2 ~Zi !~_ -~-~ Trials cann~iee on ' Pretrial: wiH be held on _ "` (Bra are dlae S daps b®efore p>ls No. 2. Q ll "" 2J ~~~~~/.Term indicate t ~~ablia~mey~~ vwill try case for the party who 5les this praecipe: -s~~y ~ ~~~ c~~ indicate trial co~wsel for other parties if lrnown: ,~ This case is ready far trial. Print Name: Attoz~y for: -- ~,~z4.'x.S' ~~s SIDNEY H. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION NO. 11-8408 Civil -. ~ ~ ~~ G. FATRICKO'CONNOR ;~a7 "`' =_ ~; , Defendant ~~=,' ° ,. . `''~= OBJECTION TO JURY TRIAL .:- c ~'_= ~-' ~ _, ~ c; a _~ -7- ~,. ~ _... COMES NOW, the Defendant G. Patrick O'Connor and files an Objecti~r~ ~ `~' `:~"~.' c~ c., Plaintiff s Praecipe for Jury Trial and the listing of a jury trial on the following grounds: 1. That Plaintiff has waived any right to a jury trial by failure to demand such trial within 20 days of filing and service of the last permissible pleading, as provided by Rule 1007.1(a) of the Pennsylvania Rules of Civil Procedure. 2. That the last pleading was filed on or before December 15, 2012. Plaintiff has never filed and served a written demand. for jury trial as required by the aforementioned statute. 3. That Plaintiff tiled a Praecipe io List the Case for Trial on August 15, 2012, but failed to serve said Praecipe to Defendant until two months later, on Friday, October 1 "?, 2012. A copy of said Praecipe is attached hereto as Exhibit A and a copy of the postmarked envelope in which said Praecipe was served is attached hereto as Exhibit B. WHEREFORE, Defendant requests that this Honorable Court declare that Plaintiff has waived his right to a jury trial and strike the presently scheduled jury trial from the court schedule. DATED: October 30, 2012 Respectfully Submitted, "' G. Patrick O'Connor, pro se 503 Penn Ayr Rd. Camp Hill, PA 17011 Telephone: 717-737-7760 SIDNEY H. MILLER, Plaintiff v. G. PATRICK O'CONNOR, Defendant IN THE COURT OF COMMON PLEAS OF CUM6ERLAND COUNTY, PF,NNSYLVANIA CIVIL ACTION NO. 1 I-8408 Civil CERTIFICATE OF SERVICE 1 hereby certify that I have this day served a copy of the foregoing OBJECTION TO JURY TRIAL upon the persons indicated below, by hand delivery andJor by tirst- class tJ.S. mail, postage-prepaid, to: Sidney H. Miller 850 E. Louther Street Carlisle, PA 17013 Respectfully submitted: . ~; ~, DATED: ~ ~~ ,ra '~~ -2i. Patrick O'Connor, Pro Se 503 Penn Ayr Rd. Camp Hill, PA l 7011 (717) 737-7760 t fy~/y~ J~ggl ~f{JJ/ '~7 J ; ~ .{ L ~ " PRAECII;'E Ft7IL L~I3'TIltii(G CASE ~'4It'>~AL ~ ~> ...,'~ -try '~' ~ ,r .,,_, . J. (iVfastbetypevrrltteuaadsubmlttedlndsplicste} ~~ ~ ~"`M ~r ~~r; ~- ~- To ~ PRbTI3t3N0'l'AR`~ o~ ctfl~Eal:.Arm couNr~ ~~~ :~ ^,='; Please list the io wing cast: ~' ~, 1 r- ~' d17R~ trlsl et she next term of civil aaurt. ~ ~ ~, ~rY• Q far trial witbont a Jnry. ~ ~' ~_. CA~"f'IOri OP CASE - tenure aapnorr must be stated in frt11) (the aae} Civil Aeon - Lr aw Appeal frazn arbitr$tion _._. _ ~a} _ .. .. _._. _ ... - ~~y r~ ~~~~~a~~ vs. 'The tr1s113st Will bz called an ~~~ ~~r ~ Q~~ Trials commepee an ~dvc.~~-~,rr ~ ~ ~~ ~' /~ ~ D ,L (.~ t ~~lr~ (~~~~cfardaut} rretriaLs gr~lll be held on _.__, d~ ~ 7~f ~- 1 vs, ~,iirtefs are due 5 days before,~refria[s • Ida: 2 ~ r~ ~ ~~4 Clui,~.~erm ~~~ Indicate the~terrray w o will try ease far the party who files this praxipe: _...-_.'.,,._._ _ - _ - Iudiaarc trim conn5cl for other'paities if Down: - _ -. _ _ __. _ ~j ~ 7 37.71(od This case is ready for trial. Signed' _,_ ..r~'C// ~•~. I:-atc: L c~7/l Cam.- Atsamay far: „_,--------- -~ -.:r t!.: ro~ ;!t~ ~L ~` -. ~ ~ _ r_; ~ ~ W~ ~ 1~~ ;:ti ~ ;~•~ '' u _~ ~~ ~ __ ~~ '~~ ~~~ ~~, ~h ti " ~ ~y~ ~l ~ r l 4 ~ ~` _ ~~ ` \. l `h ` [\rV~ yJ f''? ~;;;~ t\{ i_t1 i..~ (~l ,,~ T:a r~ SIDNEY H. MILLER, Plaintiff v. G. PATRICK O'CONNOR, Defendant IN RE: CIVIL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 11-8408 CIVIL TERM TRIAL LIST ORDER OF COURT AND NOW, this 6th day of November, 2012, at the request of the Defendant and over the objection of the Plaintiff, this matter is continued and stricken from the trial list. This matter will be set for the next civil jury trial term to begin on Monday, February 25, 2012, at 9:30 a.m., and will stay on the trial list without the necessity of the Plaintiff having to relist it for the next trial term. This Court has indicated to the Defendant that this is the last defense continuance. By the Court, /~ Sidney H. Miller, Esquire Plaintiff pro se / G. Patrick O'Connor, Esquire Defendant pro se pcb ~~ ~~ ~P;~s n~,~,•/cap ~~~~,~ ~~ ~~~ Christ ee L. Peck, J. ~ ; -Y rnw a ~~ ~~ ~ ~r r ~y ~ rn ©C7 C ~ S ~''~ x~ ~ ~~ a~ a~ ~ ~ ~ -c cn ~ SIDNEY H. MILLER, Plaintiff, V. G. PATRICK O'CONNOR, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW : NO. 11-8408 CIVIL TERM IN RE: OBJECTION TO JURY TRIAL and MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 28?h day of January, 2013, upon consideration of Defendant's Objection to Jury Trial, and the Court having issued a Rule to Show Cause, and in further consideration of Plaintiffs response thereto, IT IS HEREBY ORDERED that Defendant's petition entitled Objection to Jury Trial is GRANTED and the case will be stricken from the jury trial list. See Pennsylvania Rule of Civil Procedure 1007.1(a). Accordingly, the case will be listed for a non jury trial. DEFENDANT'S Motion to Make Rule Absolute is DENIED. Sidney H. Miller 850 E. Louther St. Carlisle, PA 17013 Plaintiff, pro Se G. Patrick O'Connor, Esq. 503 Penn Ayr Rd. Camp Hill, PA 17011 Defendant, pro Se 1 BY THE COURT, z ? Christylee EPeck, J. < ' 'i- - z C- T, cu -. SIDNEY H. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW G. PATRICK O'CONNOR, Defendant. : NO. 11-8408 CIVIL TERM IN RE: NONJURY TRIAL AND NOW, this 28th day of March, 2013, a pretrial conference in this case is scheduled for Wednesday, July 3, 2013, at 11:00 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memoranda shall be submitted by each party in accordance with the local Cumberland County Rules of Procedure 212-4, at least five days prior to the pretrial conference. A NONJURY TRIAL in this case is scheduled for Thursday, August 8, 2013, at 9:30 a.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Christyl e L. Peck, J. V Sidney H. Miller 850 E. Louther St. Carlisle, PA 17013 ZZ Plaintiff, pro Se ✓G. Patrick O'Connor, Esq. N -� 503 Penn Ayr Rd. �,-. XAN Camp Hill, PA 17011 co Defendant, pro Se _ Court Administrator :rc gill '3 SIDNEY H. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW G. PATRICK O'CONNOR, Defendant. : NO. 11-8408 CIVIL TERM IN RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT BEFORE GUIDO, EBERT, and PECK, JJ. ORDER OF COURT AND NOW, this 28h day of March, 2013, upon consideration of the above motion and following oral argument on February 15, 2013, Defendant's Motion for Summary Judgment is denied. BY THE COURT, -e_ ChristyAee L. Peck, J. Sidney H. Miller 850 E. Louther St. Carlisle, PA 17013 Plaintiff, pro Se - c V G. Patrick O'Connor, Esq. 503 Penn Ayr Rd. c �, Camp Hill, PA 17011 Defendant, pro Se 1� � SIDNEY H. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW G. PATRICK O'CONNOR, Defendant. : NO. 11-8408 CIVIL TERM IN RE: PLAINTIFF'S REQUEST FOR ONE HALF OF BUSINESS PER ATTACHED DOCUMENTS ORDER OF COURT . AND NOW, this 15`x' day of April, 2013, upon consideration of Plaintiff's Request for one Half of Business Per Attached Documents, his request is hereby denied. BY THE COURT, Christyl e L. Peck, J. Sidney H. Miller 850 E. Louther St. Carlisle, PA 17013 Plaintiff, pro Se ,/ G. Patrick O'Connor, Esq. 503 Penn Ayr Rd. Camp Hill, PA 17011 Defendant, pro Se MM CD CD-Tj .c SIDNEY H. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION LAW G. PATRICK O'CONNOR, Defendant. : NO. 11-8408 CIVIL TERM IN RE: DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS ORDER OF COURT AND NOW, this 15th day of April, 2013, upon consideration of Defendant's Motion for judgment on the Pleadings, the motion is denied. BY THE COURT, Christy ee L. Peck, J. Sidney H. Miller 850 E. Louther St. Carlisle, PA 17013 Plaintiff, pro Se G. Patrick O'Connor, Esq. 503 Penn Ayr Rd. Camp Hill, PA 17011 Defendant, pro Se rn QU 3>r-: c -, SIDNEY H. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,, PENNSYLVANIA V. CIVIL ACTION - LAW G. PATRICK O' CONNOR, Defendant 11-8408 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of July, 2013 , this being the time and place set for a pretrial conference on a nonjury trial, and both parties having submitted pretrial memoranda to this Court, and the parties having indicated that there are no further issues to be resolved and that this case is prepared for a nonjury trial, and the parties having further indicated that the case will last no more than one day, this case is listed for trial which is currently set for Thursday, August 8th, 2013, at 9:30 a.m. , in Courtroom No. 5 . Both parties are directed to appear at that time. It is this Court ' s understanding that both of the parties will try to engage in mediation through a mediator assigned by the Cumberland County Bar Association to see if they can resolve this conflict between now and the time of trial . By the Court, Christylee L. Peck, J. Sidney H. Miller 850 E. Louther Street =M Carlisle, PA 17013 cy) Plaintiff, Pro Se jV071 v,,'G. Patrick O' Connor, Esquire 503 Penn Ayr Road raw C: Camp Hill, PA 17011 Defendant, Pro Se w - peb�e,eot� Court Administrator - 17�4 :vae :• SIDNEY H. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff : C[]MBERLAD COUNTY PENNSYLVANIA vANIA V. : CIVIL ACTION -- LAW • 0. PATRICK O'CONNOR, - - Defendant : NO. 11-8408 CIVIL TERM Plantiffs Production Of Documents m _ r- . . c-9 . 7/0-7// 4z -e DOCUMENTS TO BE PRODUCED 1. Plaintiffs federal and state income taxes returns, including Scl'edule C, for 2007, 2008, 2009 and 2010. 'dg Zo }7729c Z 2. Plaintiffs federal and state income tax returns, including Schedule C, for 2003, 2004, 2005 and 2006. 3. All correspondence of any type, including but not limited to letters, documents, and emails provided to Creative Business Transitions, Inc. by any person in regard to this case. ,,z7//W z`• eM,1P 7' 9/f /S" /7& 2)/ 796r"/C 4. All correspondence of any type, including but not limited to letters, documents, and emails provided to any person known to the Defendant by Creative Business Transitions, Inc. /8 .. ////4"/,e/ii7;7--/a/t, /f- ,Azz-Ai c77 - ,. ' 040 0„,„.„,,„..,„,„,,,„rnotSUry Internal Nevenun tiernr-e i :: U.S. Individual Income Tax Return 1 0 ii4,use un y wile or staple al this Space. (r, the year Jan. 1-Uec 31,2010,or other tax year heginnmg 2010.ending 20 "\ OMB No. 1545-0074 Name, R Your first name and untial 1 Last name Your social security number Address, N ∎S-/0� e Y / 69 Zvi' g39z and SSN T If a(otnt rr5hun,spouse's first name and initial Last name Spouse's social security number C , See separate E Home address(number and street).If ou h ve a P O.box, c e instructions. Apt.no Make sure the SSN(s)above A instructions. (7 f� / O�/ ou cc/- A �'} (� (J I and on line 6c are correct. R -- ,_ —1 City,town n post office,state,and LIP n de.If you have a foreir n dress,ties instructions' Checking a box below will not Y C#7L/SCE �� /70 / change g ur tax or refund. Presidential _./ Election Campaign ► Check ere if you,or your spouse if filing jointly,want$3 to go to this fund . . . . is You 0 Spouse Filing Status 1 r , Single 4 11 Head of household(with qualifying person).(See instructions.)If 2 ❑ Married filing jointly(even if only one had income) the qualifying persons a child but not your dependent,enter this Check only one 3 ❑ Married filing separately. Enter spouse's SSN above child's name here, ► box. ^^ante�d full name here.le 5 ❑ Qualifying widower)with dependent child 6a 1.k' ourself.If someone can claim you as a dependent,do not check box 6a l Boxes checked Exemptions 1 on 8a and 6b b ❑ Spouse No.of children c Dependents: (2)Dependent's (3)Dependent's (4) ./it child under age 17 on 8c who: 1 First name Last name social security number relationship to you )uabfytng for child tax credit •lived with you (1) (see page 15) •did not live with ri you due to divorce or separation If more than four 0 (see Instructions) dependents,see L] Dependents on 8o instructions and _--_—__ not entered above check here ►❑ r] Add numbers on / d Total number of exemptions claimed lines above ► Income 7 Wages,salaries,tips,etc.Attach Form(s)W-2 7 0 _• 8a Taxable interest.Attach Schedule B if required 8a / 7 b Tax-exempt interest. Do not include on line 8a . . . .1. 8b I I Attach Form(s) 9a Ordinary dividends.Attach Schedule B if required 9a W-2 here.Also attach Forms b Qualified dividends 19bJ W-213 and 10 Taxable refunds,credits,or offsets of state and local income taxes 10 1099-R if tax 11 Alimony received 11 was withheld. 12 Business income or(loss).Attach Schedule C or C-EZ 12 .2.1 13 r ' 13 Capital gain or(loss).Attach Schedule D if required. If not required,check here ► ❑ 13 If you did not 14 Other gains or(losses).Attach Form 4797 14 get a W-2, see page 20. 15a IRA distributions . 15a b Taxable amount . . . 15b 16a Pensions and annuities 16a b Taxable amount . . . 16b 17 Rental real estate,royalties,partnerships,S corporations,trusts,etc.Attach Schedule E 17 Enclose,but do 18 Farm income or(loss).Attach Schedule F 18 not attach,any payment.Also, 19 Unemployment compensation //// 19 please use 20a Social security benefits 120a 1/3 2`'�("2_1 I b Taxable amount . . . 20b O 1 Form 1040-V. 21 Other income. List type and amount 21 22 Combine the amounts in the far right column for lines 7 through 21.This is your total income ■ 22 2 30 23 Educator expenses 23 O Adjusted 24 Certain business expenses of reservists,performing artists,and Gross fee-basis government officials.Attach Form 2106 or 2106-EZ 24 7/Q D I Income t 25 Health savings account deduction.Attach Form 8889 125 26 Moving expenses.Attach Form 3903 26 - t 27 One-half of self-employment tax.Attach Schedule SE . 27 { 28 Self-employed SEP,SIMPLE,and qualified plans . . 28 29 Self-employed health insurance deduction . . . IiI 29 30 Penalty on early withdrawal of savings 30 31a Alimony paid b Recipient's SSN • _ L31a 32 IRA deduction . . . . . . . . . . . . 132 { r 33 Student loan interest deduction I 33 34 Tuition and fees.Attach Form 8917. . . . . f 34 } 1 35 Domestic production activities deduction.Attach Form 8903 _ 35 I _Q _ __-1! �� 36 Add lines 23 through 31a and 32 through 35 . . . . . 138 37 Subtract line 36 from line 22.This is your adjusted gross income . . . ■ 37 .......C11 For Disclosure,Privacy Act,and Paperwork Reduction Act Notice,see separate instructions. Cat. lo. 113208 Form 1040 X20101 I' Firm 1040 2010) :go 2 Tax and 38 Amount from li a 37(adjusted gross income) . . . . . . . . . . . 38 ..5 1 r-2 3 7-- 39a Check ( You .vere born before January 2, 1946, ❑ Blind. 1 Total boxes / Credits f: t Spouse was born before January 2, 1946, ` / 11 ❑ P ry ❑ Blind. checked • 39a b If your spouse itemizes on a separate return or you were a dual-status alien, check here► 39b0 40 Itemized deductions(from Schedule A)or your standard deduction(see instructions) . . 40 7' :pp 41 Subtract line 40 from line 38 41 42 Exemptions.Multiply$3,650 by the number on line 6d 42 /DSV 43 Taxable income. Subtract line 42 from line 41. If line 42 is more than line 41, enter-0- . . 43 4.4 Tax (see instructions).Check if any tax is from: a l_] Form(s)8814 b ❑ Form 4972. 44 U 45 Alternative minimum tax (see instructions).Attach Form 6251 45 • 46 Add lines 44 and 45 • 46 0 l 47 Foreign tax credit.Attach Form 1116 if required . . . . 1 47 48 Credit for child and dependent care expenses.Attach Form 2441 48 49 Education credits from Form 8863,line 23 49 _ 50 Retirement savings contributions credit.Attach Form 8880 50 51 Child tax credit(see instructions) 51 52 Residential energy credits.Attach Form 5695 . . . 52 53 Other credits from Form: a ❑ 3800 b ❑ 8801 c ❑ 53 54 Add lines 47 through 53.These are your total credits 54 55 Subtract line 54 from line 46.If line 54 is more than line 46,enter-0- • 55 Other 58 Self-employment tax.Attach Schedule SE 56 Ste✓ Taxes 57 Unreported social security and Medicare tax from Form: a [1] 4137 b Li 8919 . 57 58 •Additional tax on IRAs,other qualified retirement plans,etc.Attach Form 5329 if required . 58 59 a ❑ Form(s)W-2,box 9 b ❑ Schedule H c ❑ Form 5405,line 16 , . . , 59 60 Add lines 55 through 59.This is your total tax • 60 ■ $ Payments 61 Federal income tax withheld from Forms W-2 and 1099 . . 81 62 2010 estimated tax payments and amount applied from 2009 return 62 r - 63 Making work pay credit.Attach Sche M 63 It you have a 64a Earned income credit(EIC) t.. (. f 64a 305 qualifying - ,.itild,attach b Nontaxable combat pay election 1 64b Schedule EIC. 65 Additional child tax credit.Attach Form 8812 85 66 American opportunity credit from Form 8863,line 14 . . . 66 . 67 First-time homebuyer credit from Form 5405, line 10 . . . 67 68 Amount paid with request for extension to file 68 69 Excess social security and tier 1 RRTA tax withheld . . . . 69 70 Credit for federal tax on fuels.Attach Form 4136 . . . . 70 71 Credits from Form: a ❑2439 b ❑8839 c ❑8801 d ❑ 8885 71 72 Add lines 61,62,63,64a,and 65 through 71.These are your total payments . . . . ► 72 3057" Refund 73 If line 72 is more than line 60,subtract tin 60 from line 72.This is the amount you overpaid 73 07-F--- 74a Amount of line 73 you want refunded to y u.If Form 8888 is attached,check here . ■❑ 74a :'Nrect deposit? ► b Routing number ' ►c Type: ❑ Checking ❑ Savings `''e • d Account number ,;tractions. j 75 Amount of line 73 you want applied to your 2011 estimated tax• l 75 1 1 1 Amount 76 Amount you owe.Subtract line 72 from line 60. For details on how to pay,see instructions ■ I 76 D You Owe 77 Estimated tax penalty(see instructions) j 77 1 1 Third Party Do you want to allow another person to discuss this return with the IRS(see instructions)? ❑ Yes.Complete below. j] No Designee Designee's Phone Personal identification name • no. • number(PIN) ■ I I I _ Sign Under penalties of perjury,I declare that I have examined this return and accompanying schedules and statements,and to the best of my knowledge and belief. Here they are true,correct,and complete.Declaration of preparer(other than taxpayer)is based on all information of which preoarer has any knowledge. ',int return? Your attire ��� �� Date Your occupation Daytime P (ou P Daytime hone number _'ae page 12. t If/Zz1�� '.LJII�_ Q/�G�(/6QPIG /C�U 7/7 7�j � I`aep a copy �_ %[ •for your Spouse's signature If a joint return.both must sign. Date , Spouses occupation records. j 1 Print/Type preparer's name Preparer's signature l Date PTIN Paid Check ❑ if 'reparer • -- — elf-employed rt- - — 1- ISse Only Firm's name ! r m s EIN • r'rrn's address• I���phone no. A `d,rr delape ek Form 1040 120101 0 Prfnt d on recycled paper '•• . -. .�HE�� C Profit or Loss From Business ',me� /�,.m,^ �orn� 1O40) ' '--- �~~~ ^ `~ ~~ ^ - --- -- (Sole Proprietorship) . "' ' -0 �� c����w'^"p�== •p�mn�h/n��n ventures,ot�.ya�m*mv�n�mmn1m5m1��o. w,` 'Y 0 �� /"'°mne�"�s°."" _ �Auachuo Form 1o«n 1n4mv or 1041. •See mu�ucuonvmvov^euuu^o<po,m1o*o� �— '�. Name of proprietor -------------- ----=----~~�--- ^~��.="~_^__-ur� 'Sr — ' =' ~^ ^�~ A Principal business_-_ � � 8 smmcm��omn000 C-9,//�m| /, � � ��6 �� ����"� . | |.�- _____ o Business name. If no separate business name,leave blank. ! n Employer ID number(EIN),if any ________-_-__ '___'_ _ ____ | / � | � | / | � � E aumnnsmauonsa(including vuuon,room nn) • -'---------- ---'-^--�--' ' CaLtownn!post office, state,and ZIP code_______ � —'-- F Accounting method: (1) a("Cvax (2) []Accrual (3) [1 Other(specify) • -------'-------- G Did you materially participate'in the operation of this business during zn1o? x^wo,^see instructions kxom 'vn losses ! j Yes [I] No H n„ ,started or acquired this business during 2o10.check • I. )�_ 1 Gross receipts or sa/es. oaution.3tm000ns and check the box : � --------i- - -- - - • This income was reported to you on Form W-2 and the "Statutory employee' cox on that form was checked,or I • F--1 ���� • You �eomomm� maquoonwuv*nt venture reporting only rental real estate ( L—� 1 ��� �-���. mcomonot subject msox'emp|oyment tax.Also see.,ytmcmnnmm,omnon losses. / — - --- ------ ..—..o Rom,noand�|owuncoo 2 3 Subtract line 2 from line 1 -3 * cmxm��x���mx�4c���� 4 = �- --- 5 Gross profit. Subtract line 4 from line 3 ' 5 | L 6 nme,income, momumgfederal and state quou0000rmo|tax c,ouno,,omnu(see mnt,ucuono) . 6 ��-- ---' 7 Gross income. Add lines u and 6 • 7 ��^y /���,_ part)) Expenses. Enter expens for our home only on line 30. � — -- 8 Advertising o ___ 18 Office expense 18 9 Car and truck expenses(see q 6/6 / 19 Pension and profit-sharing plans 19 instructions) o ~____� 20 Rent - - 10 Commissions and fees . 10 a Vehicles,machinery,and equipment 20a "v '11 Contract labor(see.^otmbnonu) 11 b Oe,ouxin000p,opo . 1� _ 12 Depletion 12 21 '' nppai�and mumtenunoe . . 21 / -- 13 oep�m/�ivnand s0000n 179 22 Svppnes(not mr|uuouinPa�||V 22 �-��~r'w — _�°�� � expense deduction (not 23 Taxes and licenses 23 included in Part m) (see 24 Travel,meals,and entertainment: - -'-- . instructions) 13 / a Travel ,_, v�*�� 24a 14 Employee benefit programs b Deductible meals and (other than on line 19). 14 entertainment(see instructions) 24b 15 Insurance(other than health) | 15 25 Utilities x�- 16 Interest: ` 25 �L������__ / 26 Wages(less emp/oymontcmu.m � } 26 | a Mortgage(paid m banks,"tc.) [16a � 27 Other expenses (from line 48 on ' --- --- b Other 1ob Pa o*2) | �� 17 Legal^�y” | | ��'/ �"�� services 17 � ^� � � �� I | 28 ���n�mmoe�m expenses xxu business of home.Add lines��ommovx 27 • � 7 0 iq ' | 29 Tentative profit or(loss).Subtract 30 s^penms�xou`ooyouse of your xome Attach Form 8829 ,-- i 31 Net profit or(loss). Subtract line 3u from uners. " na profit, enter on both Form 1ow0,line 12,and Schedule SE,line 2,m'mo Form 1wmNR,line 10 | | x you checked mobox o"/mo1 see mot,ucnons). Estates and ou�o.ontmon Form 1n*1.line u 31 �� /��� / • If a los , you must go to line 32. / 32 If you have a loss check the box that describes your investment in this activity(see instructions). • If you checked 32a, enter the toss on both Form 1040, line 12, and Schedule SE,line 2, or on �� Form 1040NR. line 13(/,you checked m*box on line 1, see moo^ea1 instructions). Estates and 32a ��'�oinvestment'sotrisk. trusts. enter on Form 10*1.line 3. �_� Some investment n not • n�o���� >�m���oe�m�v�mo.���.�. ' at risk. For Paperwork Reduction Ac Notice,see your tax return instructions. cv No. 11334P Schedule C(Form 1040 2010' :0 fledul"c.; •4:n» 1I)ii)).'U l U P:u1e 2 'MID Cost of Goods Sold (see instructions) 33 Method(s)used to closing inventory: a I.1 Cost b (] Lower of cost or market c ] Other(attach explanation) 34 Was there any change in determining quantities,costs,or valuations between opening and closing inventory? It "Yes,"attach explanation [] Yes ] No 35 Inventory at beginning of year. If different from last year's closing inventory,attach explanation . . 35 I ! i i l 36 Purchases less cost of items withdrawn for personal use 36 37 Cost of labor. Do not include any amounts paid to yourself 37 38 Materials and supplies 38- �— — 39 Other costs 39 40 Add lines 35 through 39 40 41 Inventory at end of year 41 42 Cost of goods sold. Subtract line 41 from line 40. Enter the result here and on page 1,line 4 . . 42 Part IV Information on Your Vehicle. Complete this part only if you are claiming car or truck expenses on line 9 and are not required to file Form 4562 for this business. See the instructions for line 13 to find out if you must file Form 4562. 43 When did you place your vehicle in service for business purposes?(month,day,year) ►MgY / / Zde4 7 44 Of the total number of miles you drove your vehicle during 2010,enter the number of miles you used your vehicle for: a Busines / s / 7 -- ►3 b Commuting(see instructions) c Other f J 7G 3 45 Was your vehicle available for personal use during off-duty hours? y(Yes [I No 46 Do you for your spouse)have another vehicle available for personal use? ❑ Yes T/No 47a Do you have evidence to support your deduction? IL/Yes H No b If"Yes."is the evidence written? !��es H No Part V Other Expenses. List below business expenses not included on lines 8-26 or line 30. 7 48 Total other expenses. Enter here and on page 1, line 27 48 Schedule C(Form 1040)2010 ® Printed on recycled paper 1 040 oop.„,nent of the treasury—Internal Revenue Service U.S. Individual Income Tax Return �9 CIO) IRS Use Only—Do not write or staple in this space. Label I. iFnr the year Jan.1-0ec.31,2009,or other tax year beginning ,2009.ending 20 OMB No. 1545-0074 u �J 310 Your social security number $See A %59 'Z 4 E9.37 Z ,ilstructions B SIDNEY H MILLER . on page 14.) E Spouse's social security number Use the IRS ` 850 E L OUTHE R ST R label. H CARLISLE PA 17013-2617 S ;i77)(7— You must enter . Otherwise, q . your SSN(s)above. A please print or type. \ E Checking a box below will not Presidential v change your tax or refund. Election Campaign • Check}ere if you,or your spouse if filing jointly,want$3 to go to this fund(see page 14) ► C1 You [] Spouse Filing Status 1 Single 4 ❑ Head of household(with qualifying person).(See page 15.)If the 2 ❑ Married filing jointly(even if only one had income) qualifying person is a child but not your dependent,enter this Check only one 3 ❑ Married filing separately.Enter spouse's SSN above child's name here. ► box. and full name here.► 5 0 Qualifying widow(er)with dependent child(see page 18) 6a li Yourself.If someone can claim you as a dependent,do not check box 6a Boxes checked Exemptions on ea and 8b b ❑ Spouse No.of children c Dependents: (2)Dependent's (3)Dependent's (4) ✓if qualifying on ec who: (1) First name Last name social security number relationship to you child for child tax •lived with you credit fsee oaae 17) •did not live with ❑ you due to divorce If more than four or separation dependents,see ❑ (see pays 1a► P Dependent*on 8o page 17 and ❑ not entered above check here •❑ ❑ Add numbers on l ` , d Total number of exemptions claimed lines above 111. t s Income 7 Wages,salaries,tips,etc.Attach Form(s)W-2 7 8a Taxable interest.Attach Schedule B if required 8a 7©C( I b Tax-exempt interest.Do not include on line 8a . . . 18b I . _I Attach Form(s) 9a Ordinary dividends.Attach Schedule B If required 9a W-2 here.Also attach Forms b Qualified dividends(see page 22) I 9b 1 I 4 W-20 and 10 Taxable refunds,credits,or offsets of state and local income taxes(see page 23) . . 10 . 1099-R if tax 11 Alimony received 11 was withheld. 12 Business income or(loss).Attach Schedule C or C-EZ 12 13 Capital gain or(loss).Attach Schedule 0 if required.If not required,check here ► ❑ 13 If you did not 14 Other gains or(losses).Attach`Form 4797 14 get a W-2, 15a IRA distributions . 15a f I b Taxable amount(see page 24) 15b see page 22. I f 18a Pensions and annuities 16a b Taxable amount(see page 25) 16b 17 Rental real estate,royalties,partnerships,S corporations,trusts,etc.Attach Schedule E iT Enclose,but do 18 Farm Income or(loss).Attach Schedule F 18 not attach,any 19 Unemployment compensation in excess of$2,400 per recipient(see page 27) . . 19 payment.Also, I Z /,1 please use 20a Social security benefits 120a 1 Gf- I I b Taxable amount(see page 27) 20b •C., Form 1040-V. 21 Other Income.List type and amount(see page 29) 21 22 Add the amounts in the far right column for lines 7 through 21.This Is your total income ► 22 `L /'/' , 23 Educator expenses(see page 29) 23 I • , Adjusted 24 Certain business expenses of reservists,performing artists,and 1 Gross fee-basis government officials.Attach Form 2106 or 2106-EZ 24 Income ,25 Health savings account deduction,Attach Form 8889 . 25 • '26 Moving expenses.Attach Form 3903 28 , 27 One-half of self-employment tax.Attach Schedule SE . 27 28 Self-employed SEP,SIMPLE,and qualified plans . . 28 29 Self-employed health insurance deduction(see page 30) 29 30 Penalty on early withdrawal of savings 30 31a Alimony paid b Recipient's SSN • 31a 32 IRA deduction(see page 31) 32 33 Student loan interest deduction(see page 34) . . , j 33 - 34 Tuition and tees deduction.Attach Form 8917 . . . l 34 35 Domestic production activities deduction.Attach Form 8903 35 ' 36 Add lines 23 through 31 a and 32 through 35 . . 36 (J 37 Subtract line 36 from line 22. This isyour adjusted gross income > 37 --(I> or Disclosure,Privacy Act,and Paperwork Reduction Act Notice,see page 97. Cat.No. 113208 Form 1040 12009) ! • .SCHEDULE C Profit or Loss From Business OMB No. 1545-0074 (Form 1040) (Sole Proprietorship) cog Partnerships,joint ventures,etc.,generally must file Form 1065 or 1065-B. Depagment of the rreasury Attachment internal Revenue Service 110) Attach to Form 1040,1040NR,or 1041. See Instructions for Schedule C(Form 1040). _ Sequence No.09 Name of proprietor 3- U6-" / ' g ; / 6 J� Social security number(SSN) �o� � �' it rsc7 zgg5rz A Principal business or profession,incl ding product or service ee page C-2 of he instructions) B Enter code from pages C-9,10,a 11 ' iG Kia/�E' '/ & 0 ,dC 5' I . C Business name. If no separate business name,leave blank. D Employer ID number(EIN),if any IIII1 ( 1 E Business address(including suite or room no.) City,town or post officer state,an ZIP code F Accounting method: (1) r Cash (2) ❑Accrual (3) ❑Other(specify) G Did you"materially participate"in the operation of this business during 2009?If"No,"see page C-3 for limit on losses ❑Yes ❑No H If you started or acquired this business during 2009,check here ❑ Wili Income 1 Gross receipts or sales.Caution.See page C-4 and check the box if: •This income was reported to you on Form W-2 and the"Statutory employee"box on that form was checked,or ❑ i ?I/0/ • You are a member of a qualified joint venture reporting only rental real estate income not subject to self-employment tax.Also see page C-3 for limit on losses. 2 Returns and allowances 2 3 Subtract line 2 from line 1 3 4 Cost of goods sold(from line 42 on page 2) 4 5 Gross profit. Subtract line 4 from line 3 5 3 .-1d / 4 _ 6 Other income,including federal and state gasoline or fuel tax credit or refund(see page C-4) 8 — 7 Gross income. Add lines 5 and 8 _ 7 340 Part II Expenses. Enter expense s for business use of your home only on line 30. _ ` 8 Advertising 8 1 6 4/-57 18 Office expense 18 g!/c` 3 9 Car and truck expenses(see g 8 ` /j ` 19 Pension and profit-sharing plans . 19 page C-4) 9 20 Rent or lease(see page C-6): 10 Commissions and fees 10 a Vehicles,machinery,and equipment 20a 11 Contract labor(see page C-4) 11 b Other business property . . . 20b 12 Depletion 12 21 Repairs and maintenance . . . 21 �1 13 Depreciation and section 179 22 Supplies(not included in Part III) . 22 2 7'�,`7' , expense deduction (not 23 Taxes and licenses 23 included in Part III)(see page 24 Travel,meals,and entertainment: C-5) 13 a Travel 24a 14 Employee benefit programs b Deductible meals and (other than on line 19). . 14 entertainment(see page C-6) . . 24b 15 Insurance(other than health) 15 25 Utilities 25 1 ' 'd 1 1 16 Interest: 26 Wages(less employment credits). 26 a Mortgage(paid to banks,etc.) 16a _ _ 27 Other expenses (from line 48 on b Other 16b page 2) 27 17 Legal and professional services 17 7Z�f,3 .28 Total expenses before expenses for business use of home.Add lines 8 through 27 28 5/7 , 29 Tentative profit or(loss).Subtract line 28 from line 7 29 1 r f' . 30 Expenses for business use of your home.Attach Form 8829 30 31 Net profit or(loss). Subtract line 30 from line 29. I���� • If a profit,enter on both Form 1040,line 12,and Schedule SE,line 2,or on Form 1040NR,line 1 13(if you checked the box on line 1,see page C-7).Estates and trusts,enter on Form 1041,line 3. 31 _ • If a loss,you must go to line 32. 32 If you have a loss,check the box that describes your investment in this activity(see page C-7). • If you checked 32a, enter the loss on both Form 1040, line 12,and Schedule SE,line 2,or on � Form 1040NR,line 13(if you checked the box on line 1, see the line 31 instructions on page C-7). 32a t�All investment is at risk. Estates and trusts,enter on Form 1041,line 3. 32b ❑ Some investment is not at risk. • If you checked 32b,you must attach Form 6198.Your loss may be limited. 'or Paperwork Reduction Act Notice,see page C-9 of the instructions. Cat.No, 11334P Schedule C(Form 1040)2009 i eE �® D partm"nt of the Treasury---Internal Ffevenue Ser,Ce ,t U.S. Individual Income Tax Return ,,,. /;-=',, " U 8(t0)I es Use Only—Do not write or staple in the space. r 1 Fcr the.:ear Jan '-Cec:1t •■•stir ,„,.tro,t- „,.,,^,...-..- a/ f dittl re,./.0.20 O�' OMB No. 1545-0074 Label / '�`��J Your social security number (See 0..1 S10 95 I /S9 Z g.57Z instructions on page 14.) SIDNEY H MILLER R Spouse's social security number Use the IRS gip E LOUTHER ST S label. no You must enter please Otherwise, CARLISLE PA 1 701 3-261 7 your SSN(s) above. . please print 1 •or type. Checking a box below will not Presidential \ I I change your tax or refund. Election Campaign Plo Check here if you, or your spouse if filing jointly, want$3 to go to this fund (see page 14)P. ❑ You ❑ Spouse 1 t Single 4 ❑ Head of household(with qualifying person).(See page 15.)If Filing Status 2 ❑ Married filing jointly(even if only one had income) the qualifying person is a child but not your dependent,enter Check only 3 ❑ Married filing separately. Enter spouse's SSN above this child's name here.► one box. and full name here. ► 5 ❑ Qualifying widower)with dependent child(see page 16) 6a (] Yourself. If someone can claim you as a dependent,do not check box 6a . . on 6a and tib �� Exemptions b ❑ Spouse } No of children (3)Dependents (4)Vif qualifying on 60 who: c Dependents: (2)Dependent's relationship to child for child tax • lived with you (1)First name Last name social security number you credit(see page 17) • did not live with ❑ you due to divorce or separation If more than four ❑ (see page 18) dependents, see , ❑ Dependents on 8c page 17. _ not entered above ' ❑ Add numbers on d Total number of exemptions claimed lines above ' 7 Wages, salaries, tips, etc. Attach Form(s)W-2 7 Income 8a Taxable interest. Attach Schedule B if required 8a 66 Attach Form(s) b Tax-exempt interest. Do not include on line 8a . . ' 18b I I W-2 here.Also 9a Ordinary dividends. Attach Schedule B if required 9a attach Forms Qualified dividends (see page 21) � 9b W-2G and 10 1099-R if tax 10 Taxable refunds, credits, or offsets of state and local income taxes(see page 22) . was withheld. 11 Alimony received 11 12 Business income or(loss). Attach Schedule C or C-EZ 12 . 13 Capital gain or(loss). Attach Schedule D if required. If not required, check here■ ❑ 13 If you did not 14 Other gains or(losses). Attach Form 4797 14 get a W-2, 15a Ir?.4 distributions . . 15a b Taxable amount(see page 23) 15b see page 21. 16a b Taxable amount(see page 24) 16b 16a Pensions and annuities P 9 1 Enclose, but do 17 Rental real estate, royalties, partnerships, S corporations, trusts,etc.Attach Schedule E 17 • not attach, any 18 Farm income or(loss). Attach Schedule F 18 il payment. Also, 19 please use 19 Unemployment compensation Form 1040-V. 20a Social security benefits 120a I I .'f>43 I I b Taxable amount(see page 26) 20b 0 21 Other income. List type and amount(see page 28) 21 .. — 22 Add the amounts in the far right column for lines 7 through 21.This is yourtotal income ► 22 ,A ,rp�-, 23 Educator expenses (see page 28) 23 Adjusted 24 Certain business expenses of reservists,performing artists,and Gross fee-basis government officials. Attach Form 2106 or 2106-EZ 24 Income 25 Health savings account deduction. Attach Form 8889. . 25 26 Moving expenses. Attach Form 3903 26 27 One-half of self-employment tax. Attach Schedule SE . 27 I-07 28 Self-employed SEP, SIMPLE, and qualified plans . . _28 —I 29 Self-employed health insurance deduction (see page 29) 29 30 Penalty on early withdrawal of savings 30 31a Alimony paid b Recipient's SSN ■ — f_31a — i ----I 32 IRA deduction (see page 30) 32 ,L__- --- � i 33 Student loan interest deduction(see page 33) . 133 L i 34 Tuition and fees deduction. Attach Form 8917. . . . I- 34-1-- +- � • 35 Di r oatic r rerluch,on tch':it 'S .1�.,luc t.in. 4ttrii h F,:nn '3)' 35 '11 '36 ,add lines 23 through 31a 32 through "35 / 38 �� 37 Subtract lino 36 from lire 22. this : your.adjusted gross income . . . . ► 37 , 7/ For Disclosure, Privacy Act, .ind Paperwork Reduction Act Notice, ee page 38. ' it 'In ,1- ,18 Corm 1040 t?r)o8) Form 1040,2008) Page 2 0 n Tax 38 Amount from ine 37 (adjusted gross income) 38 i /C 7 and 39a Check ZYou were born before January 2, 1944, ❑ Blind. Total boxes j Credits if: ❑ Spouse was born before January 2, 1944, ❑ Blind.} checked • 39a / b if your spouse temizes on a separate return or you•sere a dual-status alien,see page 34 and check here• 39b C i Standard t c Check if standard deduction includes real estate taxes or disaster loss(see page 34) • 39c E-''' /� j Deduction 40 Itemized deductions(from Schedule A) or your standard deduction(see left margin) . 40 (� for— - 41 / 7 • People who 41 Subtract line 40 from line 38 checked any 42 If line 38 is over$119,975, or you provided housing to a Midwestern displaced individual, see " 5 co box on l ne page 36. Otherwise, multiply$3,500 by the total number of exemptions claimed on line 6d . 42 r 39a, 39b, or 39c or who 43 Taxable income.Subtract line 42 from line 41. If line 42 is more than line 41, enter-0- claimed as a 44 Tax(see page 36). Check if any tax is from: a ❑ Form(s)8814 b ❑ Form 4972 . 44 dependent, 45 Alternative minimum tax(see page 39).Attach Form 6251 45 C., see page 34. pa 7 • All others: 46 Add lines 44 and 45 Single or 47 Foreign tax credit.Attach Form 1116 if required . . . . 47 Married filing 48 Credit for child and dependent care expenses.Attach Form 2441 48 separately, 49 :i $5,450 49 Credit for the elderly or the disabled.Attach Schedule R . . Married filing `50 Education credits. Attach Form 8863 50 • ;jointly or 51 Retirement savings contributions credit.Attach Form 8880 51 Qualifying 52 Child tax credit(see page 42). Attach Form 8901 if required . 52 wldow(er), ( 9 q $10,900 53 Credits from Form: a ❑8396 b ❑8839 c ❑ 5695 . 53 Head of 54 Other credits from Form: a ❑3800 b ❑8801 c ❑ 54 household, 55 CT) /$8,000 55 Add lines 47 through 54. These are your total credits ( 58 Subtract line 55 from line 46. If line 55 is more than line 46, enter-0- ► 58 C. ? _ Other 57 Self-employment tax. Attach Schedule SE 57 / CJ < 58 Unreported social security and Medicare tax from Form: a❑4137 b ❑ 8919 . `58 , Taxes 59 59 Additional tax on IRAs,other qualified retirement plans, etc.Attach Form 5329 if required . 60 Additional taxes: a ❑AEIC payments b❑Household employment taxes.Attach Schedule H -60 61 Add lines 56 through 60. This is your total tax • 61 /C~ ( _ Payments 62 Federal income tax withheld from Forms W-2 and 1099 . . 62 C,,') 63 2008 estimated tax payments and amount applied from 2007 return 63 (.7' If you have a -1__64a Earned income credit(EIC) 64a L' qualifying b Nontaxable combat pay election I 64b 1 I child, attach 0 Schedule EIC. 65 Excess social security and tier 1 RRTA tax withheld(see page 61) 65 66 Additional child tax credit. Attach Form 8812 66 L) 67 Amount paid with request for extension to file (see page 61) 67 68 •Credits from Form: a❑2439 b❑4136 c❑8801 d❑8885 68 69 First-time homebuyer credit. Attach Form 5405 69 70 Recovery rebate credit(see worksheet on pages 62 and 63) , 70 71 Add lines 62 through 70. These are your total payments ► 71 (.1*) , Refund 72 If line 71 is more than line 61,subtract line 61 from line 71.This is the amount you overpaid 72 Direct deposit? 73a Amount of line 72 you want refunded to you.If Form 8888 is attached,check here • ❑ -73a See page 63 • b Routing 1 1 ■ c Type:❑ Checking El Savings and fill in 73b, 73c,and 73d, la d Account number { or Form 8888. 74 Amount of line 72 you want applied to your 2009 estimated tax • I 74 I I i 7 Amount 75 Amount you owe.Subtract line 71 from line 61. For details on how to pay, see page 65 • 75 / G You Owe 78 Estimated tax penalty (see page 65) 1 76 I I Third Party Do you want to allow another person to discuss this return with the IRS(see page 66)? (j] Yes. Complete the following. 11] No Designee Designee's Phone Personal identification name • no. • I I number(PIN) • , Sign Under penalties of perjury,I declare that I have examined this return and accompanying schedules and statements,and to the best of my knowledge and belief,they are true,correct,and complete.Declaration of preparer(other than taxpayer)is based on all information of which preparer has any knowledge. Here /r, s, n.him Dnte Your ocr,ipation Daytime ,hone number Joint returns g l /7 /)� -7l a6-'6 ee page 'S. r (� �G L .{ ����L< V /j/ z /%T,4c(..,"/'Ac r eit-Ack,',• 5(/!j� z / Keep a copy Spo,ise s.signature If't;clot r,,turn. both mast .iqe Date -;pou.e'v occupation for your r,:icords. a Fri ,r is!:,:',N cur DIN Paid r,.,. i I �. f uii. f �'r tru'r,d Preparers Use Only I i lt/ r-im 1040 01(m) SCHEDULE C Profit or Loss From Business '_'"3`^ '__ 'T∎J%'_. (Form 1040) (Sole Proprietorship) . 0 8 ► Partnerships,joint ventures, etc., generally must file Form 1065 or 1065-B. "' s o,n•.ri,t >t•rr ? ra.,., A'tacnrrent •.,,,•..0 tr••,,,,,,,,, ,„ ito1 • Attach to Form 1040, 1040NR, or 1041. • See Instructions for Schedule C (Form 1040). St,quence No 09 N.vre of pr,,nr eror w Social security number(S N A Principal busine or prt3fes ion, trick oil product ar nVrviee( e a e C-3 of the instructions) B Enter code from pages C-9, 10,8 11 _ _______ Z ' 1 e It- -C Business nap e If no spar to business npm , leavep nk. , 0 Employer ID number(EIN),if any � '« 1��'L �Y /� i � � ��" I ! I ! l i E Business address (including suite or room no.) �., V- /,�..c,,.. ..... 7f— City, town or post office, state, an P code 1 J& F, ;30,___12:5G F Accounting method: (1) Cash (2) LI Accrual (3) Li Other(specify) ► G Did you "materially participate" in the operation of this business during 2008? If "No," see page C-4 for limit on losses Le/Yes ❑No 14 If you started or acquired this business during 2008, check here • 0 Part II Income 1 Gross receipts or sales. Caution. See page C-4 and check the box if: • This income was reported to you on Form W-2 and the"Statutory employee"box on that form was checked, or ► b di "• • •You are a member of a qualified joint venture reporting only rental real estate 0 1 �J income not subject to self-employment tax. Also see page C-4 for limit on losses. 2 Returns and allowances 2 rr� 3 Subtract line 2 from line 1 3 i_5�V!7� /r?? 7' 4 Cost of goods sold (from line 42 on page 2) 4 5 Gross profit.Subtract line 4 from line 3 5 ,c,/ l Z� 7' 6 Other income, including federal and state gasoline or fuel tax credit or refund(see page C-4). . 6 7 Gross income.Add lines 5 and 6 • 7 '3(1, / 1"17- Part II Expenses. Enter expenses for business use of your home only on line 30. / 8 Advertising 8 �' jq 18 Office expense . 18 2 /C1, 9 Car and truck expenses (see J l �-p C'' 19 Pension and profit-sharing plans 19 , 9 page C-5) J 20 Rent or lease(see page C-6): 10 Commissions and fees . 10 a Vehicles,machinery,and equipment -20a ? ��� 11 Contract labor(see page C-5) 11 b Other business property. 20b cf 12 Depletion 12 ' 21 Repairs and maintenance 21 13 Depreciation and section 179 22 Supplies(not included in Part Ill) 22 r j g 7 f expense deduction (not 23 Taxes and licenses . . . 23 included in Part III)(see page 24 Travel, meals,and entertainment: j1 C-5) 13 - a Travel 24a 7 0 f 14 Employee benefit programs b Deductible meals and /3 (other than on line 19) . 14 entertainment (see page C-7) 24b 15 Insurance(other than health) 15 25 Utilities 25 c 16 Interest: 26 Wages(less employment credits) _26 a Mortgage(paid to banks, etc.) 16a 27 Other expenses(from line 48 on b Other 16b page 2) 27 17 Legal and professional .-� services 17 C-7// Q ' 28 Total expenses before expenses for business use of home. Add lines 8 through 27 . . . . • 28 I5-0‘1 G�V,'� 29 Tentative profit or(loss). Subtract line 28 from line 7 29 7 30 Expenses for business use of your home. Attach Form 8829 30 31 Net profit or(loss).Subtract line 30 from line 29. , • If a profit, enter on both Form 1040, line 12, and Schedule SE, line 2, or on Form 1040NR, �� line 13(if you checked the box on line 1 as a statutory employee,see page C-7).Estates and trusts, i 31 t enter on Form 1041, line 3. • If a loss, you must go to line 32. 32 If you hove a loss, check the box that descnhes your investment in this activity (see page C d). if If you checked 3?a r-ntor the t ss on both Form 1040, line 12, and Schedule SE, line 2, or„n 32a I _,' ,All In oshnent it at risk, Form 1040NR, line 13 of you hs:knii the box on line 1 as a statutory employee, ,.,.e the Iwo :11 32b j Some investment is not in,tn:rhons on pule C-(1. IT—.:tats, and trusts, ,iitetr on Form 1041, line 3. it ri;k • It ,,;so , hank. 1 12b, ;on must 0ttacli Form 6138, Your loss i'lay be iiiritt.0. - For Paperwork Reduction Act Notice, see page C-9 of the instructions. I i. t(,;. It .. tto Schedule C (Form 1040) 2008 . a "Schedule C(Form 1040)2008 P,aqe 2 Part III Cost of Goods Sold (see page C-8) 33 Method(s)used to value closing inventory: a ❑ Cost b ❑ Lower of cost or market c ❑ Other(attach explanation) 34 Was there any change in determining quantities, costs, or valuations between opening and closing Inventory? If "Yes," attach explanation ❑ Yes ❑ No 35 Inventory at beginning of year. If different from last year's closing inventory, attach explanation . . 35 38 Purchases less cost of items withdrawn for personal use 38 37 Cost of labor. Do not include any amounts paid to yourself 37 38 Materials and supplies 38 39 Other costs 39 40 Add lines 35 through 39 40 41 Inventory at end of year 41 42 Cost of goods sold.Subtract line 41 from line 40. Enter the result here and on page 1, line 4 . 42 Part IV Information on Your Vehicle. Complete this part only if you are claiming car or truck expenses on line 9 and are not required to file Form 4562 for this business. See the instructions for line 13 on page C-5 to find out if you must file Form 4562. 43 When did you place your vehicle in service for business purposes? (month, day, year) ► 44 Of the total number of miles you drove your vehicle during 2008,enter the number of miles you used your vehicle for: a Business 252610 b Commuting(see instructions) / / • c Other 45 Was your vehicle available for personal use during off-duty hours? • 2 Yes ❑ No 48 Do you(or your spouse)have another vehicle available for personal use? ❑ Yes Z1 No 47a Do you have evidence to support your deduction? L{d"Yes ❑ No b If"Yes,"is the evidence written? Yes ❑ No Part V Other Expenses. List below business expenses not included on lines 8-26 or line 30. • 48 Total other expenses. Enter here and on page 1, line 27 1 48 Schedule C (Form 1040)2008 ..SCHEDULE SE OMB No. 1545-0074 '� (Form 1040) Self-Employment Tax j L 08 ;epartm,.nt at,r„ rr.,i wy Attachment ,e,,.,,Pe,0,1;15 c..r■, %I ► Attach to Form 1040. ► See Instructions for Schedule SE (Form 1040). Sequence No. 17 Name of person with self-employ e,nt income s sh vn on Form 1040) Social security number of person �� •> 5 '24& ' / , /r/' ( -/ • with self-employment income • I/./ Who Must File Schedule SE You must file Schedule SE if: • You had net earnings from self-employment from other than church employee income(line 4 of Short Schedule SE or line 4c of Long Schedule SE) of $400 or more, or • You had church employee income of $108.28 or more. Income from services you performed as a minister or a member of a religious order is not church employee income (see page SE-1). Note. Even if you had a loss or a small amount of income from self-employment, it may be to your benefit to file Schedule SE and use either "optional method" in Part II of Long Schedule SE (see page SE-4). Exception. If your only self-employment income was from earnings as a minister, member of a religious order, or Christian Science practitioner and you filed Form 4361 and received IRS approval not to be taxed on those earnings,do not file Schedule SE. Instead, write "Exempt—Form 4361" on Form 1040, line 57. May I Use Short Schedule SE or Must I Use Long Schedule SE? Note. Use this flowchart only if you must file Schedule SE. If unsure, see Who Must File Schedule SE, above. Did you receive wages or tips in 2008? No • Yes T • Are you a minister, member of a religious order, or Christian Was the total of your wages and tips subject to social security Science practitioner who received IRS approval not to be taxed Yes or railroad retirement(tier 1)tax plus your net earnings from Yes ■ on earnings from these sources,but you owe self-employment self-employment more than$102,000? tax on other earnings? .No •No Are you using one of the optional methods to figure your net Yes • Did you receive tips subject to social security or Medicare tax Yes ► earnings(see page SE-4)? that you did not report to your employer? ♦♦♦INo 4,No No Did you report any wages on Form 8919, Uncollected Social I Yes • Did you receive church employee income reported on Form Yes ► ♦— Security and Medicare Tax on Wages? W-2 of$108.28 or more? iirNo You may use Short Schedule SE below ► You must use Long Schedule SE on page 2 Section A—Short Schedule SE. Caution. Read above to see if you can use Short Schedule SE. la Net farm profit or (loss) from Schedule F, line 36, and farm partnerships, Schedule K-1 (Form 1065), box 14, code A 1a b If you received social security retirement or disability benefits, enter the amount of Conservation Reserve Program payments included on Schedule F, line 6b, or listed on Schedule K-1 (Form 1065), box 20, code X lb ( - ) 2 Net profit or(loss) from Schedule C, line 31; Schedule C-EZ, line 3; Schedule K-1 (Form 1065), box 14, code A(other than farming); and Schedule K-1 (Form 1065-B), box 9, code J1. Ministers • and members of religious orders, see page SE-1 for types of income to report on this line. See /5-0(/ page SE-3 for other income to report 2 >_ 3 Combine lines 1 a, 1 b, and 2 3 4 Net earnings from self-employment. Multiply line 3 by 92.35% (.9235). If less than $400, }/ 57 do not file this schedule; you do not owe self-employment tax , 4 5 Self-employment tax. If the amount on line 4 is: I + 5102,000 or less, multiply line 4 by 15.3% (.153). Enter the result here and on Form 1040, line 57. • More than $102,000, multiply line 4 by 2.9% (.029). Then, add $12,648 to the result. G� / 7 Enter the total here and on Form 1040, line 57 L 5 �> 6 Deduction for one-half of self-employment tax. Multiply line 5 by 50% (.5). Enter the result here and on Form 1040, line 27 . . . 6 /j 0 7 For Paperwork Reduction Act Notice, see Form 1040 instructions. L.it No. 11.3:2Z Schedule SE (Form 1040) 2008 • . - SCHEDULE SE (MB No, 1545-0074 (Form 1040) Self-Employment Tax ,'` (L Q$ Cepartment ct the ■rasury Attachment tert•d1 r+«,,t)r,,,e:■end CH 1 10) _ ► Attach to Form 1040. • See Instructions for Schedule SE (Form 1040). Sequence No. 17 Name of person with self-employ ent income as shgvn on Form 1040) 1 Social security number of person I/� �z ^ > ,T/0/6. y /, /"Il/ (67e- with self-employment income ■ I �� _. '7 Who Must File Schedule SE You must file Schedule SE if: • You had net earnings from self-employment from other than church employee income (line 4 of Short Schedule SE or line 4c of Long Schedule SE) of $400 or more, or • You had church employee income of $108.28 or more. Income from services you performed as a minister or a member of a religious order is not church employee income (see page SE-1). Note. Even if you had a loss or a small amount of income from self-employment, it may be to your benefit to file Schedule SE and use either `optional method" in Part II of Long Schedule SE (see page SE-4). Exception. If your only self-employment income was from earnings as a minister, member of a religious order,or Christian Science practitioner and you filed Form 4361 and received IRS approval not to be taxed on those earnings,do not file Schedule SE. Instead, write "Exempt—Form 4361" on Form 1040, line 57. May I Use Short Schedule SE or Must I Use Long Schedule SE? Note. Use this flowchart only if you must file Schedule SE. If unsure, see Who Must File Schedule SE, above. Did you receive wages or tips in 2008? No Yes• V Are you a minister, member of a religious order,or Christian Was the total of your wages and tips subject to social security Science practitioner who received IRS approval not to be taxed Yes Yes on earnings from these sources,but you owe self-employment or railroad retirement(tier 1)tax plus your net earnings from ■ tax on other earnings? self-employment more than$102,000? 1NO 'No Are you using one of the optional methods to figure your net Yes ob Did you receive tips subject to social security or Medicare tax I Yes 0. earnings(see page SE-4)? that you did not report to your employer'? .No -No No I Did you report any wages on Form 8919, Uncollected Social I Yes • g Did you receive church employee income reported on Form Yes / Security and Medicare Tax on Wages? W-2 of$108.28 or more? 1No • You may use Short Schedule SE below H You must use Long Schedule SE on page 2 Section A—Short Schedule SE. Caution. Read above to see if you can use Short Schedule SE. 1a Net farm profit or (loss) from Schedule F, line 36, and farm partnerships, Schedule K-1 (Form _, 1065), box 14, code A la b If you received social security retirement or disability benefits, enter the amount of Conservation Reserve Program payments included on Schedule F, line 6b, or listed on Schedule K-1 (Form 1065), box 20, code X lb ( - ) 2 Net profit or(loss) from Schedule C, line 31; Schedule C-EZ, line 3; Schedule K-1 (Form 1065), box 14, code A(other than farming); and Schedule K-1 (Form 1065-B), box 9,code J1. Ministers and members of religious orders, see page SE-1 for types of income to report on this line. See page SE-3 for other income to report 2 C.• // 3 Combine lines la, 1b, and 2 3 r 4 Net earnings from self-employment. Multiply line 3 by 92.35% (.9235). If less than $400, 7 do not file this schedule; you do not owe self-employment tax > 4 /- ,1 , 5 Self-employment tax. If the amount on line 4 is: I I • $102,000 or less, multiply line 4 by 15.3% (.153). Enter the result here and on Form 1040, line 57. • More than $102,000, multiply line 4 by 2.9% (.029). Then, add $12,648 to the result. !3 Enter the total here and on Form 1040, line 57 5 6 Deduction for one-half of self-employment tax. Multiply line 5 by � �0% (.5). Enter the result here and on Form 1040, line 27 . . . 6 I ; / C ? 4 A For Paperwork Reduction Act Notice, see Form 1040 instructions. Cat. No, 11'358Z Schedule SE(Form 1040)2008 SIDNEY H. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW G. PATRICK O' CONNOR, Defendant 11-8408 CIVIL TERM IN RE: NONJURY TRIAL ORDER OF COURT AND NOW, this 8th day of August, 2013, this being the time and place set for a nonjury trial, and the parties having each presented their cases in their entirety, the evidence in the matter is hereby deemed closed and this matter is taken under advisement. By the Court, Chris ylee L. -Peck, J. JSidney H. Miller, Plaintiff Pro e al G. Patrick O' Connor, Esquire Defendant Pro Se co pcb C= ca " <> ON r es ma,'Ied i;�Ia&113 P-,V& =C) SIDNEY H. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW G. PATRICK O'CONNOR, • Defendant. : NO. 11-8408 CIVIL TERM IN RE: NON-JURY TRIAL ORDER OF COURT AND NOW, this 12th day of November, 2013, after a non jury trial in the above- captioned matter, held on August 8, 2013, it is hereby ORDERED that: 1. At Count I, the Court finds in favor of the Plaintiff. Defendant is ordered to provide Plaintiff within 30 days of the date of this Order with Defendant's customer mailing list in electronic form in a useable format such that Plaintiff may make use of the information by electronic means; 2. At Count 2, the Court finds in favor of the Plaintiff that Defendant breached their contract and converted joint property to Defendant's own personal property. Plaintiff is awarded the sum of$5,000.00; 3. Defendant's counterclaim is DENIED. BY THE COURT, Christylee L. Peck, J. ✓ Sidney H. Miller 850 E. Louther St. Carlisle, PA 17013 Plaintiff, pro Se rn 2m m , h3 >t-) .nr' +T4 • ../G. Patrick O'Connor, Esq. 503 Penn Ayr Rd. Camp Hill, PA 17011 Defendant, pro Se cbpf.es // ! !3 `'_T / •.r; -:; >, s.�.Y..; twuMF 't :s*S"n?m+mmvu HaaRS!+� tY`-m`*-mar�^wrtv}."'C!+s4n-£c; 3o s...>a c�Nn✓+T#^+ »+e,t-.vxa.-a�zcs+r:.e..r-� SIDNEY H. MILLER, SUPERIOR COURT OF PENNSYLVANIA PLAINTIFF V. G. PATRICK O'CONNOR, NO. 2011-8408 CIVIL TERM DEFENDANT IN RE: PLAINTIFFS REQUEST FOR ONE HALF OF BUSINESS PER ATTACHED DOCUMENTS /v O r/CE rn C:7 ,w M rTt ;.0;Z) h < r~ D C--) - <_ SIDNEY H. MILLER 850 E. LOUTHER ST. ' CARLISLE, PA 17013 57. mo �76�a5 TABLE OF CONTENTS PAG ES I. SUMMARY OF BUSINESS 1 II. ORIGINAL AGREEMENT 2 & 3 III. TERMINATION OF ORGINAL AGREEMENT 4 & 5 SUMMARY OF BUSINESS Approximately twenty-four years ago New Singles dances were started after O'Connor and Miller reached an agreement per attached Original Agreement. For the first fifteen years of the business, O'Connor showed little interest, I have witnesses who can attest to this. In November of 2011 , he without notice stole the dances without my approval. So far, he owes me half of business plus twenty-five dances. He did furnish a list of customers; half of the list was defective. It is very difficult to start a new dance with a bad list and limited funds. I am a seventy-nine year old Senior Citizen who has been robbed. I depended on this income for retirement. Any help you can give would be greatly appreciated PAGE 1 WALTER G. OVONNNOR .Assodates ''). 30X Y,SIPS AIVENUE, HERSHEY,PA. 17033 OHONE 7171514-IOM t ),Sa Old York Rd. otters, Pa. 17319 . .ptember 28, 1990 ORIGINAL AGREEMENT 1r. Sidney Miller 350 E. Louther St. .arlisle, Pa. 17013 ,ear Sid: Let this serve as am agreement between us to form a Limited Partnership with you as general partner and Walter G. O'Connor Associates, Inc. , as limited partner for the purpose of owning and operating a dance for unmarried members of the public at- the Holiday Inn Lounge at 5401 arlisle Pike, Mechanicsburg, Pa. The partnership will be funded with two thousand dollars provided by you to be used to pay for all advertising,-mailing, postage, promotional and incidental expenses in operating the dance enterprise except for Payment of facility rental for the dance, personne) neede4 to take money at the front desk, and disc jockey services. O'Connor's contribution will be to provide its mailing list as necessary for,the purpose of promoting the dance, as well as Providinv advertising,* sistanca and promotional expertise to you. You agree to refrain from obligating for services beyond the amount in the fund and acknowledge that you maintain responsibility for any excess expenditures. In the event it becomes- desirous to replenish the fund to cover for future promotional or incidental purposes, this will be done to the extent of our mutual agreement at the time it becomes {iesirabie. Payments for obligations will be made by you. You will retain „financial records, receipts, contracts and mailing lists generated by the fiance operation, but O'Connor will have the right to inspect and copy all such documents at any reasonable time if it so desires. PAGE 2 .Ldvcrtisingi Marketing/PubGc RelationsiFilm &Video Tape Production 1-1ney Mi 11 er. . .oage 1_ :aptember 23, 1990 ORIGINAL AGREEMENT 'roceeds from each dance will be distributed in a timely fashion �s follows: payment to the personnel hired to help at the desk, payment `o the disc ,hockey, and payment to the Holiday Inn. The remainder will divided equally between you and O'Connor. n the event of the dissolution of Walter G. O'Connor Associates , Inc. , ! tmited partnership will automatically vest in me, personally, under the lime terms as disci-Tbed in this letter, In the event the dance is removed from the Holiday Inn Lounge and ,oved to a different location, and/or the name of the dance is changed, `his agreement will continue in force. dissolution,This parbitrshtp may. be dissolved by, one party giving notice to the )ther. In the event of party who does not give notice respon- ;ibility and all rights to the dance and its income, unless otherwise inutually agreed. In the event of or •. one partner, • responsibil i ties in the partnership will autGmatically other com- pensation other than • profits , partner those iuthority to hire personnel unless otherwise mutually agreed, other than . in this agreement. Upon dissolution, all property of the Partnership will be divided equally and both parties will be given full access to the mailing list generated by the dance. Sin,cerely yours, G. Patrick O'Connor President +e he express our agreement to the above: Sidney Mil AY . Patrick onnor PAGE 3 President ':falter G. O 'Connor Associates , inc. G. Patrick O'Connor 503 PENN AYR RD. CAMP HILL,PA 17011 TELEPHONE: 717-303-1969 Email: patoconnor1000@gmail.com October 9, 2011 Sidney H. Miller 850 E. Louther Street Carlisle, PA 17013 Dear Sid: Due to certain differences of opinion and after much consideration, I hereby terminate whatever business relationship we have with each other effective at 11:00 p.m. tonight, October 9, 2011. l am not certain exactly the nature of our present relationship, whether it is a partnership, a joint adventure, or some other- characterization.. However, whatever its exact nature, it is ended tonight. This termination or disassociation is also being made on behalf of Walter G. O'Connor Associates, Inc., in the event that it is a party to the relationship. Sincer ly, G. Patrick O'Connor, individually and for Walter G. O'Connor Associates, Inc. PAGE 4 AGREE14sENT This Agreement between Sidney H.Miller and G.Patrick O'Connor is for the purpose of clarifying the relationship between these two parties as it currently exists and which shall continue until further noti 1. The parties whose names Ippear above shall each operate dances in Central Pennsylvania as individual sole proprietorships and not as partners. I Each party shall party pay ex eases that he incurs and collect the proceeds from each dance that he operates,personally realizing whatever profits and losses that may result from the dances that he operates. The parties shall not share income or profits from the dances that the other party operates. 3. It is the intent of each party that each party shall own the property that he purchases with his own funds or acquireftrough his own efforts,and may share it with the other party as he finds it advantageous to do so. There shall be no jointly owned property,financial account or otherwise.unless agreed to in:writing. 4. Neither party shall have the authority to bind the other to any contract or obligation,or incur liability as the result of actions or negligence by the other party. 5. Neither party shall be responsible for debts incurred by the other party. 6. Neither party shall represent himself as a"partner"of th�=prope�rtyytb 7. It is the intent of each party that each p own at he p urchases with his own funds or acquires through his own efforts or at his own dances are his property to be shared with the other party as he sees fit. 8. Each party shall be responsible for paying this own taxes and submitting tax documents consistent with operation of a sole proprietorship. 9. The parties hereto recognize that a certain cooperation between them for certain purposes is advantageous to each one;, therefore,the parties are free to engage the services of the other party to the extent that they are mutually advantageous without intending to create or creating any partnershity -- 10. Each party is ee to use the fictitious name or designation: "New Singles"or"New Singles Club"or"New Singles Dance." 11. Each party is free to assist the other party in promotion or cross-promotion of the other party's dances to the extent that he finds it advantageous to do so, 12. In the event that one party contracts:for rental space and assigns that space to the other by mutual agreement,it shall not char the arraagemeat 13. Any compensation paid from one par or services rendered and shall not be considered a sharing of income or for purchase of an asset. 14. This agreement is an at will am pm t vides for"at will"cooperation between Lei the parties. This means that either party may terminate this agreement at any time. 15. This agreemeaLE! ersedes all previous agreements between the parties. 16. The parties acknowledge at�i agre em arm—g=s the relationship and terms between the parties which has existed by mutual agreement since the start of the year 2007. Sidney H.Miller G.Patrick O'Connor PAGE 5 SIDNEY I I. MILLER, : IN TI IE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW G. PATRICK O'CONNOR, Defendant. : NO. 11-8408 CIVIL "PERM IN RE: NON-JURY TRIAL ORDER OF COURT AND NOW, this 12`x' day of November, 2013, after a non jury trial in the above- captioned matter, held on August 8, 2013, it is hereby ORDERED that: 1. At Count I, the Court finds in favor of the Plaintiff. Defendant is ordered to provide Plaintiff within 30 days of the date of this Order with Defendant's customer mailing list in electronic form in a useable format such that Plaintiff may make use of the information by electronic means; 2. At Count 2, the Court finds in favor of the Plaintiff that Defendant breached their contract and converted joint property to Defendant's own personal property. Plaintiff is awarded the sum of$5,000.00; 3. Defendant's counterclaim is DENIED. BY THE COURT, Christylee L. Peck, J. Sidney H. Miller 8150 E. Louther St. �Y N Carlisle, PA 17013 z Plaintiff, pro Se c PYS511 Cumberland County Prothonotary' s Office Page 1 Civil Case Print 2011-08408 MILLER SIDNEY H (vs) O' CONNOR G PATRICK Reference No. . : Filed. . . . . . . . : 11/07/2011 Case Type. . . . . : CONTRACT - OTHER Time . . . . . . . . . : 3 : 25 Judgmen . . .. . . : 00 Execution Date 0/00/0000 Judge Assigned: PECK CHRISTYLEE L Jury Trial . . . Disposed Desc . : Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1 . : Higher Crt 2 . : ******************************************************************************** General Index Attorney Info MILLER SIDNEY H PLAINTIFF 850 E LOUTHER ST CARLISLE PA 17013 O ' CONNOR G PATRICK DEFENDANT PRO SE 503 PEN AYR RD CAMP HILL PA 17011 ******************************************************************************** Judgment Index Amount Date Desc O' CONNOR G PATRICK 5, 000 . 00 11/12/2013 ORDER OF COURT ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 11/07/2011 COMPLAINT - BY ROBERT C MAY ATTY FOR PLFF ------------------------------------------------------------------- 11/07/2011 PLAINTIFF' S MOTION FOR PRELIMINARY INJUNCTION - BY ROBERT C MAY ATTY FOR PLFF ------------------------------------------------------------------- 11/16/2011 ORDER DATED 11-15-11 I RE PRELIMINARY INJUNCTION SCHEDULED FOR NOVEMBER 23 2011 AT 3 PM IN CR 3 - BY THE COURT EDWARD E GUIDO J- COPIES MAILED 11-16-11 ------------------------------------------------------------------- 11/18/2011 ORDER OF COURT - 11/18/11 - IN RE: HEARING SCHEDULED FOR 11/23/11 @ 3 : 00 PM HAS BEEN RESCHEDULED FOR 11/21/11 @ 1 : 00 PM IN CR3 CUMB CO COURTHOUSE - BY THE COURT EDWARD E GUIDO J COPIES MAILED 11/18/11 ------------------------------------------------------------------- 11/23/2011 ORDER OF COURT - 11/21/11 - IN RE: REQUEST FOR PRELIMINARY INJUNCTION - GRANTED IN PART - DEFT IS DIRECTED TO PROVIDE A COPY OF THE ENTIRE MAILING LIST AS IT EXISTED ON 10/8 11 TO THE DEFT WITHIN 10 DAYS OF THE DEFT POSTING BAIL IN THE T OF $1, 000 . 00 . PLFF IS ENJOINED FROM SHARING THE MAILING LIST WITH ANY OTHER PARTY - IN ALL OTHER RESPECTS THE REQUEST FOR PRELIMINARY INJUNCTION IS DENIED - BY THE COURT EDWARD E GUIDO J COPIES MAILED 11/23/11 ------------------------------------------------------------------- 11/28/2011 ANSWER TO COMPLAINT - BY DEFT/PRO SE ------------------------------------------------------------------- 11/30/2011 AMENDING ORDER - 11/29/11 - IN RE: AMENDED AS FOLLOWS : DEFT IS DIRECTED TO PROVIDE A COPY OF THE ENTIRE MAILING LIST AS IT EXISTED ON 10/8/11 TO THE PLFF WITHIN 10 DAYS OF THE PLFF POSTING BOND IN THE AMT OF $1000 . 00 - IN ALL OTHER RESPECTS THE ORDER SHALL REMAIN THE SAME - BY THE COURT EDWARD E GUIDO J COPIES MAILED 11/30/11 ------------------------------------------------------------------- 12/02/2011 BOND - $1, 000 . 00 PD PLFF ------------------------------------------------------------------- 12/16/2011 PLAINTIFFS PRELIMINARY OBJECTIONS TO DEFENDANTS COUNTERCLAIM - BY ROBERT C MAY ATTY FOR PLFF ------------------------------------------------------------------- 2/15/2012 PLAINTIFF' S MOTION FOR PARTIAL DISSOLUTION OF ORDER DATED NOVEMBER 21 2011 AND AMENDING ORDER DATED NOVEMBER 29 2011 - BY ROBERT C MAY ATTY FOR PLFF ------------------------------------------------------------------- 2/15/2012 CERTIFICATE OF SERVICE - MOTION TO DISSOLVE - BY ROBERT C MAY ATTY FOR PLFF ------------------------------------------------------------------- 2/22/2012 ORDER OF COURT DATED 2-21-12 - RULE IS ISSUED UPON THE DEFENDANT PYS511 Cumberland County Prothonotary' s Office Page 2 Civil Case Print 2011-08408 MILLER SIDNEY H (vs) O' CONNOR G PATRICK Reference No. . . Filed. . . . . . . . . 11/07/2011 Case Type . . . . . . CONTRACT - OTHER Time. . . . 3 . 25 Judgmen . . . .. 00 Execution Date 0/00/0000 Judge Assigned: PECK CHRISTYLEE L Jury Trial . . . . Disposed Desc . : Disposed Date . 0/00/0000 ------------ Case Comments ------------- Higher Crt 1 . : Higher Crt 2 . : TO SHOW CAUSE - RULE RETURNABLE 20 DAYS AFTER SERVICE - BY EDWARD E GUIDO J- COPIES MAILED 2-22-12 ------------------------------------------------------------------- 3/14/2012 11�21/11OANDFAMEND MOTION ORDER DATED PARTIAL 11/29/DISSOLUTION BY GF DATED PATRICK O' CONNNOR/DEFT PRO SE ------------------------------------------------------------------- 3/19/2012 PLAINTIFF' S MOTION TO MAKE RULE ABSOLUTE - BY ROBERT C MAY ATTY FOR PLFF ------------------------------------------------------------------- 3/26/2012 ORDER DATED 3-26-12 IN RE PLAINTIFF' S MOTION TO MAKE RULE ABSOLUTE - IS **DENIED** - BY THE COURT EDWARD E GUIDO J- COPIES MAILED 3-26-12 ------------------------------------------------------------------- 3/28/2012 RANSSCRIPT OF1PjOCEEDINGSS -EIN R RE: E REQUEST JFOR PRELIMINARY ------------------------------------------------------------------- 4/30/2012 PETITION OF PLAINTIFFS COUNSEL TO WITHDRAW RULE 1012D - BY ROBERT C MAY ATTY FOR PLFF ------------------------------------------------------------------- 5/03/2012 IN RE REQUEST FOR HEARING - BY PLFF ------------------------------------------------------------------- 5/02/2012 ORDER - 5/2/12 - IN RE: PETITION BY PLFF' S COUNSEL FOR WITHDRAWAL OF APPEARANCE - ORDERED THAT ROBERT C MAY AS COUNNEL OF RECORD FOR PLFF IS WITHDRAWN AND ***PROTHONOTARY IS INSTRUCTED TO SO MARK THE DOCKET*** - FURTHER ORDERED THAT ALL PROCEEDINGS ARE STAYED FOR 60 DAYS IN ORDER TO GIVE PLFF OPPORTUNITY TO RETAIN NEW COUNSEL - BY THE COURT EDWARD E GUIDO J - COPIES MAILED 5/2/12 ------------------------------------------------------------------- 5/14/2012 ORDER OF COURT DATED 05-11-2012 - HEARING ON 05-31-2012 @ 1 : 00 PM IN CR #3 - BY THE COURT EDWARD E GUIDO J - COPIES MAILED 05-14-2012 ------------------------------------------------------------------- 6/07/2012 ORDER OF COURT - 5/31/12 - IN RE: BY AGREEMENT OF THE PARTIES THE $1000 . 00 BOND DEPOSITED BY PLFF SHALL BE RETURNED TO HIM - OUR PRIOR ORDERS SHALL REMAIN IN FULL FORCE AND EFFECT - IF PLFF VIOLATES SAID ORDERS - HE SHALL BE REQUIRED TO PAY $1000 . 00 DIRECTLY TO DEFT IN ADDITION TO ANY ACTUAL DAMAGES INCURRED - BY THE COURT EDWARD E GUIDO J - COPIES MAILED 6/7/12 ------------------------------------------------------------------- 6/26/2012 PETITION - BY PLFF ------------------------------------------------------------------- 7/12/2012 ORDER OF COURT - 7/9/12 - IN RE: PLFF' S PETITION MAKES BOLD ALLEGATIONS OF FACT WITH NO REQUEST FOR RELIEF - IT IS DISMISSED - BY THE COURT EDWARD E GUIDO J - COPIES MAILED 7/12/12 ---- --------------------------------------------------------------- 8/15/2012 PRAECIPE FOR LISTING CASE FOR JURY TRIAL BY - BY PLFF -------------------- ----------------------------------------------- 11/06/2012 OBJECTION TO JURY TRIAL - BY DEFT ------------------------------------------------------------------- 11/08/2012 ORDER OF COURT DATED 11-6-12 IN RE CIVIL TRIAL LIST - MATTER IS STRICKEN FROM THE TRIAL LIST - MATTER SET FOR TRIAL TO BEGIN FEBRUARY 25 2012 AT 9 30 AM - BY THE COURT CHRISTYLEE L PECK J - COPIES MAILED 11-8-12 ------------------------------------------------------------------- 11/16/2012 ORDER OF COURT - 11/16/12 - IN RE: OBJECTION TO JURY TRIAL - RULE ISSUED UPONPLFF TO SHOW CAUSE WHY RELIEF REQUESTED SHOULD NOT BE GRANTED - RULE RETURNABLE WITHIN 20 DAYS OF SVC - BY THE COURT CHRISTYLEE L PECK J - COPIES MAILED 11/16/12 ------------------------------------------------------------------- 12/04/2012 RESPONSE - IN RE COURT TRIAL - BY PLFF ------------------------------------------------------------------- 12/17/2012 DEFENDANT' S MOTION FOR JUDGMENT ON THE PLEADINGS - BY DEFT ------------------------------------------------------------------- 12/17/2012 IN RE OBJECTION TO JURY TRIAL MOTION TO MAKE RULE ABSOLUTE - BY DEFT ------------------------------------------------------------------- 1/23/2013 DEFENDANT' S MOTION FOR SUMMARY JUDGMENT - BY DEFT PYS511 Cumberland County Prothonotary' s Office Page 3 Civil Case Print 2011-08408 MILLER SIDNEY H (vs) O' CONNOR G PATRICK Reference No. . . Time . . . . . . . : 11/07/3025 Case Type. . . . . : CONTRACT - OTHER • Judgme . . . . . . : 00 Execution Date 0/00/0000 Judge Assigned: PECK CHRISTYLEE L Jury Trial . . . . Disposed Desc . : Disposed Date . 0/00/0000 ------------ Case Comments ------------- Higher Crt 1 . : Higher Crt 2 . : ------------------------------------------------------------------- 1/23/2013 PRAECIPE FOR LISTING CASE FOR ARGUMENT - MOTION FOR SUMMARY JUDGMENT - DEFT ------------------------------------------------------------------- 1/28/2013 ORDER OF COURT - 1/28/13 - IN RE: OBJECTION TO JURY TRIAL AND MOTION TO MAKE RULE ABSOLUTE - ORDERED THAT DEFT' S PETITION ENTITLED OBJECTION TO JURY TRIAL IS GRANTED AND THE CASE WILL BE STRICKEN FROM THE JURY TRIL LIST - - DEFT' S MOTION TO MAKE RULE ABSOLUTE IS DENIED - BY THE COURT CHRISTYLEE L PECK J COPIES MAILED 1/28/13 ------------------------------------------------------------------- 1/30/2013 ORDER OF COURT - 1/29/13 - IN RE: ORDERED THAT PRETIRLA CONFERENCE CURRENTLY SCHEDULED FOR 2/13/13 IS CANCELLED AND NONJURY TRIAL WILL BE SCHEDULED BY FURTIER ORDER OF COURT AFTER DISPOSITION OF JUDGMENT FOR ARGUMENT COURT 5 /13 - 3 ------------------------------------------------------------------- 2/11/2013 IN RE PLAINTIFF' S REQUEST FOR ONE HALF OF BUSINESS PER ATTACHED DOCUMENTS - BY PLFF ------------------------------------------------------------------- 4/02/2013 NON-JURY TRIAL - 3/28/13 - IN RE: PRETRIAL CONFERENCE SCHEDULED FOR 7/3/13 @ 11 : 00 AM IN CR 5 CUMB CO COURTHOUSE - NONJURY TRIAL SCHEDULED FOR 8/8/13 @ 9 : 30 AM IN CR 5 CUMB CO COURTHOUSE - BY THE COURT CHRISTYLEE L PECK J - COPIES MAILED 4/2/13 ------------------------------------------------------------------- 4/02/2013 ORDER OF COURT - 3/28/13 - IN RE: DEFT' S MOTION FOR SUMMARY JUDGMENT - DENIED BY THE COURT CHRISTYLEE L PECK J COPIES MAILED 4/2/13 ------- ------------------------------------------------------------ 4/16/2013 ORDER OF COURT - 4/15/13 - IN RE: PLFF' S REQUEST FOR ON HALF OF BUSINESS PER ATTACHED DOCUMENTS - DENIED - BY THE COURT CHRISTYLEE L PECK J - COPIES MAILED 4/16/13 ------------------------------------------------------------------- 4/16/2013 ORDER OF COURT - 4/15/13 - IN RE: DEFT' S MOTION FOR JUDGMENT ON THE PLEADINGS - DENIED - BY THE COURT CHRISTYLEE L PECK J COPIES MAILED 4/16/13 ------------------------------------------------------------------- 7/16/2013 ORDER OF COURT - DATED JULY 3 , 2013 - THIS CASE IS LISTED FOR TRIAL WHICH IS CURRENTLY SET FOR THURSDAY AUG 8, 2013 @ 9 : 30 A M IN CR # 5 BOTH PARTIES ARE DIRECTED TO APPEAR AT THAT TIME BY THE COURT CHRISTYLEE L PECK J COPIES MAILED 7/16/2013 ------------------------------------------------------------------- 7/29/2013 PLAINTIFF' S PRODUCTION OF DOCUMENTS - BY SIDNEY MILLER PRO SE ------------------------------------------------------------------- 8/26/2013 ORDER OF COURT - DATED AUG 8 , 2013 - IN RE: NONJURY TRIAL - THE EVIDENCE IN THE MATTER IS HEREBY DEEMED CLOSED AND THIS MATTER IS TAKEN UNDER ADVISEMENT BY THE COURT CHRISTYLEE L PECK J COPIES MAILED 8/26/13 ------------------------------------------------------------------- 11/12/2013 ORDER 08/008/O13 COITTIS- DATED HEREBYIORDERED THAT 1- THE COURT TRIAL FINDSHINDFAVOR OF PLFF - DEFT IS ORDERED TO PROVIDE PLFF WITHIN 30 DAYS OF THE DATE OF THIS ORDER WITH DEFT' S CUSTOMER MAILING LIST IN ELECTRONIC FORM IN A USEABLE FORMAT 2- THE COURT FINDS IN FAVOR OF PLFF THAT DEFT BREACHED THEIR CONTRACT AND PLFF IS AWARDED THE SUM OF $5000 . 00 3- DEFT COUNTERCLAIM IS DENIED - BY THE COURT CHRISTYLEE L PECK J - COPIES MAILED 11/12/13 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Beq*Bal*** mts/Adl End Bal ******************************** *** *P****** ******************************* COMPLAINT 55 . 00 55 . 00 . 00 TAX ON CMPLT . 50 . 50 . 00 PYS511 Cumberland County Prothonotary' s Office Page 4 Civil Case Print 2011-08408 MILLER SIDNEY H (vs) O' CONNOR G PATRICK Reference No. . : Filed. . . . . . . . : 11/07/2011 Case Type . . . . . : CONTRACT - OTHER Time . . . . . . . . . : 3 : 25 Judgmen . . .. . . : 00 Execution Date 0/00/0000 Judge Assigned: PECK CHRISTYLEE L Jury Trial . . . . Disposed Desc . : Disposed Date . 0/00/0000 ------------ Case Comments ------------- Higher Crt 1 . : Higher Crt 2 . : SETTLEMENT 8 . 00 8 . 00 . 00 AUTOMATION 5 . 00 5 . 00 . 00 JCP FEE 23 . 50 23 . 50 . 00 BOND 1000 . 00 1000 . 00 . 00 PRAECIPE TRIAL 29 . 75 29 . 75 . 00 PREACIPE ARGUME 19 . 75 19 . 75 . 00 ------------------------ ------------ 1141 . 50 1141 . 50 . 00 ******************************************************************************** * End of Case Information ******************************************************************************** TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the se i of said Co at Carlisle, Pa. This day of 20--L:;t Prothonotary �I L QJZi/(C C !//�ot SIDNEY H. MILLER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. G. PATRICK O'CONNOR NO. 2011-8408 CIVIL TERM DEFENDANT mcco o T., m m c_ 4 IN RE: THE PLANTIFF KINDLY REQUESTS `' THE COURT TO HONOR PARAGRAPH 2 OF ORDER OF COURT DATED NOV. 12, 2013 SO HE CAN PAY COUNTY TAXES AND OTHER EXPENSES WHILE CASE IS BEING REVIEWED BY THE SUPREME COURT aie SIDN4, H. MILLER 850 E. LO UTH E R ST. CARLISLE PA 17013 'uperfor Court of Vennriphania Joseph D.Seletyn,Esq. Pennsylvania Judicial Center Prothonotary Middle District P.O.Box 62435 Mary A.Graybill,Esq. 601 Commonwealth Avenue,Suite 1600 Deputy Prothonotary Harrisburg,PA 17106-2435 December 5, 2013 (717)772-1294 www.pacourts.us/courts/superior-court Buell, David D. Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 zm r° z3J c_) RE: Sidney H. Miller t :. Appellant r—" �+ . < , v. rcl G. Patrick Connor =c? --- 2153 MDA 2013 Trial Court Docket No: 2011-8408 Civil Term Dear David D. Buell: Enclosed please find a copy of the docket for the above appeal that was recently filed in the Superior Court. Kindly review the information on this docket and notify this office in writing if you believe any corrections are required. Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517, for completion and filing. Please note that Superior Court Dockets are available on the Internet at the Web site address printed at the top of this page. Thank you. Respectfully, Mary A. Graybill, Esq. Deputy Prothonotary /alv Enclosure •2:26 P.M. Appeal Docket Sheet Superior Court of Pennsylvania Docket Number: 2153 MDA 2013 ,z: Page 1 of 2 Secure December 5, 2013 • CAPTION Sidney H. Miller Appellant v. G. Patrick Connor CASE INFORMATION Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: December 5, 2013 Awaiting Original Record Journal Number: Case Category: Civil Case Type(s): Civil Action Law 'CONSOLIDATED CASES RELATED CASES r SCHEDULED EVENT `! ` Next Event Type: Receive Docketing Statement Next Event Due Date: December 19, 2013 Next Event Type: Original Record Received Next Event Due Date: February 3, 2014 COUNSEL INFORMATION Appellant Miller, Sidney H. Pro Se: Yes Appoint Counsel Status: Not Represented IFP Status: No Pro Se: Miller, Sidney H. Address: 850 E. Louther Street Carlisle, PA 17013 Phone No: Fax No: Receive Mail: Yes Receive EMail: No EMail Address: Appellee Connor, G. Patrick Pro Se: Yes Appoint Counsel Status: Not Represented IFP Status: Pro Se: Connor, G. Patrick Address: 503 Penn Ayr Road Camp Hill, PA 17011 Phone No: (717) 303-1969 Fax No: Receive Mail: Yes Receive EMail: No EMail Address: FEE INFORMATION Fee Dt Fee Name Fee Amt Receipt Dt• Receipt No Receipt Amt 12/05/2013 Notice of Appeal 73.50 12/05/2013 2013-SPR-M-001082 73.50 -2:26 P.M. Appeal Docket Sheet Superior Court of Pennsylvania Docket Number: 2153 MDA 2013 ;4 Page2of2 c ' Secure �x4C�� ` December 5, 2013 �L- }`1' AGENCY/TRIALCOURT INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: Cumberland County Civil Division Order Appealed From: November 12, 2013 Judicial District: 09 Documents Received: December 5, 2013 Notice of Appeal Filed: December 4, 2013 Order Type: Order Entered OTN(s): Lower Ct Docket No(s):2011-8408 Civil Term Lower Ct Judge(s): Peck, Christylee L. Judge ' ORIGINAL RECORD CONTENT Original Record Item Filed Date Content Description Date of Remand of Record: BRIEFING SCHEDULE - None None DOCKET ENTRY Filed Date Docket Entry/ Representing Participant Type Filed By December 5, 2013 Notice of Appeal Docketed Appellant Miller, Sidney H. Comment: No Proof of Service Rec'd December 5, 2013 Docketing Statement Exited (Civil) Middle District Filing Office SIDNEY H. MILLER, •▪ IN THE COURT OF COMMON PLEAS OF Appellant •▪ CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION—LAW G. PATRICK O'CONNOR, • Appellee •▪ NO. 11-8408 CIVIL TERM ORDER OF COURT AND NOW, this 8th day of January, 2014, upon consideration of the Notice of Appeal filed in the above-captioned matter, Appellant is DIRECTED, pursuant to Pa. R.A.P. 1925(b), to file of record in this Court and to serve upon the undersigned judge a concise Statement of Errors Complained of on Appeal no later than 21 days after entry of this Order. Any issues not properly included in the statement timely filed and served pursuant to this order shall be deemed waived. BY THE COURT, "11'1/ Christee L. Peck, J. Sidney y . Miller 850 E. Louther Street Carlisle, PA 17013 Appellant, pro Se ./ G. Patrick O'Connor 503 Penn Ayr Road Camp Hill, PA 17011 Appellee, pro Se 0) C6‘01 (12.41 LEC-L /c//y SIDNEY H. MILLER, IN THE COURT OF COMMON PLEAS OF Appellant CUMBERLAND COUNTY, PENNSYLVANIA V. • CIVIL ACTION - LAW G. PATRICK O'CONNOR, Appellee TRIAL COURT DOCKET NO. 2011-8408 CIVIL TERM RESPONSE TO ORDER OF COURT DATED 8TH DAY OF JANUARY 2014 1 . THE BUSINESS EVALUATION BY CREATIVE BUSINESS TRANSITIONS WAS NOT ALLOWED 2: THE $5,000 AWARDED DOES NOT VALUE THE BUSINESS FAIRLY /I Y, SIDNE H. MILLER 850 E. LOUTHER ST. CARLISLE, PA 17013 'upreme Court of Venugptbauia Amy Dreihelbis,Esq. 601 Commonwealth Avenue,Suite 4500 Deputy Prothonotary Middle District P.O.Box 62575 Elizabeth E.Zisk Harrisburg,PA 17106 Chief Clerk (717)787-6181 March 3, 2014 www.pacourts.us RE: Sidney H. Miller, Petitioner v. G. Patrick Connor, Respondent No. 133 MT 2014 Trial Court Docket No: 2011-8408 Civil Term Superior Docket Number: 2153 MDA 2013 Appeal Docket No: Date Petition for Allowance of Appeal Filed: February 27, 2014 2 Disposition: , = r-' Disposition Date: Reargument/Reconsideration Disposition: �= Reargument/Reconsideration Disposition Date: v /mjh rl 4 ,.a.. cc: Buell, David D., Prothonotary Sidney H. Miller IN THE SUPERIOR COURT OF PENNSYLVANIA (C.P. Cumberland County v. No. 2011-8408 Civil Term) No. 2153 MDA 2013 G. Patrick Connor Filed: January 29, 2014 ORDER Appellant, plaintiff below, filed a notice of appeal from the nonjury verdict of November 12, 2013. Appellant did not file post -trial motions below. Moreover, final judgment has not been entered below. Pa.R.C.P. 227.1(c)(2) states: "Post -trial motions shall be filed within ten days after notice of nonsuit or the filing of the decision in the case of a trial without jury." Pa.R.A.P. 302(a) states: "Issues not raised in the lower court are waived and cannot be raised for the first time on appeal." To preserve issues for appeal, parties are required to file post -trial motions following a verdict entered after a trial in law or equity. Chalkey v. Roush, 805 A.2d 491 (Pa. 2002). An appeal lies from entry of judgment subsequent to the trial court's disposition of post -trial motions. Harvey v. Rouse Chamberlin, Ltd., 901 A.2d 523 (Pa. Super. 2006). Accordingly, as appellant did not file post -trial motions below, this appeal is hereby DISMISSED for appellant's failure to preserve issues for appeal. Per Curiam TRUE COPY FROM RECORD Attest: AUG 6 2014 Deputy Prothonotary Superior Court of PA - Middle District IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT SIDNEY H. MILLER, : No. 172 MAL 2014 Petitioner v. G. PATRICK CONNOR, Respondent : Petition for Allowance of Appeal from the : Order of the Superior Court ORDER PER CURIAM AND NOW, this 28th day of July, 2014, the Petition for Allowance of Appeal is DENIED. As Of 7/28/y2014abeth E. Zisk Attest:es Chief Clerk Supreme Court of Pennsylvania IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT SIDNEY H. MILLER, : No. 172 MAL 2014 Petitioner : Application for Reconsideration V. G. PATRICK CONNOR, Respondent ORDER r-0 C/) PER CURIAM AND NOW, this 29th day of August, 2014, the Application for Reconsideration is hereby DENIED. A True Copy Elizabeth E. Zisk As Of 8/29R014 Attest: Chief Clerk Supreme Court of Pennsylvania SIDNEY H. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff, PRO -SE CUMBERLAND COUNTY, PENNSYLVANIA G.PATRICK O'CONNOR, ATTORNEY CIVIL ACTION LAW Defendant NO. 11-8408 CIVIL TERM REQUEST FOR TRIAL The defendant told Judge Peck, he did not receive the attached PRAECIPE. At a later meeting he told the defendant he did receive the PRAECIPE, therefore, the plaintiff requests the court include this case on your schedule at the earliest possible date. Dated: 11-21-2014 ocip G. PATRICK O'CONNOR 503 Penn Ayr Road Camp Hill, PA 17011 / /of PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the fo wing case: for JURY trial at the next term of civil court. EJ for trial without a jury. . CAPTION OF CASE (entire caption must be stated in full) Att.?, Zc-e(Plaintiff) (che one) Civil Action — Law Appeal from arbitration (other) vs. The trial list will be called on O(7( Afar 6:4274 -/ea' CYckeio VS. Trials commenee on Ndiv: )1.6 c2_61 fendant) Pretrials will be held on (Briefs are due 5 days before pretrials No. 2C//— cg90867,Terni .F/1/64E'r-R Indicate the -attorney who will try case for the party who files this praecipe: -----222;q5.- /1/ (/e/ Indicate trial counsel for other parties if known: 5-6-3 Pe This case is ready for trial. Date: N6.111i)-01-1- -737-72 Signed. Print Name: Attorney for: 1-BV4.--C( Si • e /PA' PRAECIPE FOR LISTING CASE FOR JURY TRIAL c-, (Must be typewritten and submitted in triplicate) m ClD TO THE PROTHONOTARY OF CUMBERLAND COUNTY cf.)rr--- Please list the following case for a Jury Trial.cD CAPTION OF CASE T� °' cr {entire caption must be stated in fulls (chgck one) c_�a Civil Action - Law N) rn - ❑ Appeal from arbitration 5-/4AJJy/ m/./6e (Plaintiff) y -SC No. /1/- p yl) 9 vs. 672 77a /Car (Defendant) Pretrials will be held on�`2 (Briefs are due 5 days before pretrials) vs. Trials commence on r. R 2,0/5 (other) Civil Term The trial list will be called on, and 14-� Indicate th e��ho will try case for the party who files this praecipe: Indicate trial counsel for other parties if known: O(C�/Uiva/e 503 EN A/1//e choe1���fr /7, This case is ready for trial. Date: ///.27// Signed• Print Name: Attorney for: 6/, /1%/LGEfa, 6A 00 7s---elp14( Cash gj9---'„/3773 SIDNEY H. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW G. PATRICK O'CONNOR, Defendant. : NO. 11-8408 CIVIL TERM IN RE: PRAECIPE FOR LISTING CASE FOR JURY TRIAL ORDER OF COURT AND NOW, this 26th day of November, 201 ', upon consideration of the Praecipe for Listing Case for Jury Trial, and this matter having been previously tried on the merits in a non jury trial, and a verdict having been entered thereon, and the Plaintiff having appealed said verdict and judgment to the Pennsylvania Superior Court, and the Pennsylvania Superior Court having denied the appeal, and the Pennsylvania Supreme Court having thereafter denied the Plaintiff's application for reconsideration, the Praecipe for Listing Case for Jury Trial is denied. BY THE COURT, Chris ee L. Peck, J. /Sidney H. Miller 850 E. Louther St. Carlisle, PA 17013 Plaintiff, pro Se G. Patrick O'Connor, Esq. ' 503 Penn Ayr Rd. Camp Hill, PA 17011 Defendant, pro Se / B� Court Administrator •40115) 'CciPeR4 H—a —/ 44- e0 p re' -s *a, k4 :rc -0 • N) SIDNEY H. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW G. PATRICK O'CONNOR, : Defendant. : NO. 11-8408 CIVIL TERM IN RE: PRAECIPE FOR LISTING CASE FOR JURY TRIAL AMENDED ORDER OF COURT AND NOW, this 1st day of December, 2014, the prior Order of Court dated November 26, 2013, in the above matter, is hereby amended to reflect the correct date as November 26, 2014. In all other respects, the prior Order of Court shall remain in full force and effect. ,dney H. Miller 850 E. Louther St. Carlisle, PA 17013 P1 intiff, pro Se G. Patrick O'Connor, Esq. 503 Penn Air Rd. Camp Hill, PA 17011 Defendant, pro Se Court Administrator —A :rc Cop I 'es' •/1 VIY BY THE COURT, 1 A" Christy ee L. Peck,