HomeMy WebLinkAbout12-0967C^I'?I?1CC`?"'VM!Et1'_T?' ^'- PEN'NSYL'VANIA
C{:URT C:OMII?II-IV PLEAS
PAUJI-09-3.01 Judicial Distl•ict, County Of Cumberland
NOTICE OF APPEAL
FROM
MAGISTERIAL DISTRICT JUDGE JUDGMENT
----- -- --- ---- -------- COMMON PLEAS No: ?W7 eti/? /?Ih
NOTICE OF APPEAL
Notice iS g ven That the appellant has tiled in the above Courtof Common Pleas an appeal from the judgment'rendered-by the Magisterial District
Judge on t-e date anc in the case referenced below.
NAME OF APPEi11ANT MAG. DIST. NO. NAME OF MDJ
Leon E Wirtermyer 09-3-01 Honorable Harold A. Adams
ADDRESS OF F\PPEHANT CITY STATE ZIP CODE
220 Yocurntown Rd. Etters PA 17319
DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)'
01/19/2012 Cumberland Valley Rental VS Leon E Wintermyer
CV-0000298-2011
This block will be signed ONLY when this notation is required under PC
R.C.P.D.J. No. 100813.
This Notice of Appeal, when received by the Magisterial District Judge, will
operate as a SUPERSEDEAS to the judgment for possession in this case.
was Claimant (see Pa. R.C.P.D.
in action
before a Magisterial District Judge, A COMPLAINT MUST BE FILED
within twenty
(20) days after filing the NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This; section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District
Judge. IF NOT USED, delach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon Cumberland Valley Rental
Name of appellee(s)
appellee(s), to file a complaint in this appeal
(Common Pleas No. _? 6 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To Cumberland Valley Rental appellee(s)
Name of appellees)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon' you ly personal service or by certified or registered mail.
(2) If you do not file 8 complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rufa, if service was by mail is the date of the mailing.
Date: 02/01,:2;012
. ? Signature of Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-05
?-!s_? Cyr r~ 4?.
2912 FEB 14 PM 12: 14
CUMBERLSAND COUNTY
X03 5?
Cash
p-1? )- ? I (9 5-0
COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil
COUNTY OF CUMBERLAND Case
Mag. Dist. No: MDJ-09-3-01
MDJ Name: Honorable Harold A Adams
Address: 35 West Orange Street
Shippensburg, PA 17257
Telephone: 717-532-7676
Leon E Wintermyer
220 Yocumtown Rd
Etters, PA 17319
Cumberland Valley Rental
V.
Leon E Wintermyer
Docket No: MJ-09301-CV-0000298-2011
Case Filed: 12/28/2011
Docket No Plaintiff Defendant Disposition Disposition Date
MJ-09301-CV-0000298-2011 Cumberland Valley Rental Leon E Wintermyer Judgment for Plaintiff 01/1912012
Judgment Summary
Participant Joint/Several Liability Individual Liability Amount
Cumberland Valley Rental $0.00 $0.00 $0.00
Leon E Wintermyer $0.00 $8,003.33 $8,003.33
Judgment Detail- ("Post Judgment) _M__._a__
In the matter of Cumberland Valley Rental vs. Leon E Wintermyer on 1/19/2012 the disposition is Judgment for Plaintiff and judgment
was awarded as follows:
Judament Component Joint/Several Liability Individual Liability Deposit Applied Amount
Civil Judgment $0.00 $8,003.33 $8,003.33
Grand Total: $8,003.33
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH
THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF
JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE
COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A
REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
1 /19 12.
Date
?.??/?7 {+ I ? .(dpi
Magisterial District Judge Adams
? uw or n,
Lp q?
W5?``'a
certify a this is a true an correct copy o the record o the proceedings containing the judgment.
Date Magisterial District Judge Adams
MDJS 315 Page 1 of 2 Printed: 01/19/2012 10:52:03AM
CUMBERLAND VALLEY RENTAL,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
j
CIVIL ACTION- LAW
LEON E. WINTERMYER, INC.
Defendant
NO. 2012 - 967
NOTICE TO DEFEND
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You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and
Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the court your defenses or objections to the claims set forth against you. You
are warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the court without further notice for any money claimed in the
Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD ST.
CARLISLE, PA 17013
Dated: (f Z
By:-
ALZMINN HUGHES PR C.
George F. Douglas, III, Esquire
Supreme Court I.D. #61886
354 Alexander Spring Road, Suite 1
Carlisle, PA 17015
Phone: (717) 249-6333
Attorney for Plaintiff
t
CUMBERLAND VALLEY RENTAL,
Plaintiff
V.
LEON E. WINTERMYER, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION- LAW
NO. 2012 - 967
COMPLAINT
AND NOW, comes the Plaintiff, Cumberland Valley Rental, by and through its
undersigned attorneys, Salzmann Hughes, P.C., and avers in support of its Complaint against
Defendant as follows:
1. The Plaintiff, Cumberland Valley Rental, is a business located at 111 W. King Street,
Shippensburg, Cumberland County, Pennsylvania, 17257.
2. The defendant, Leon E. Wintermyer, Inc. is a Pennsylvania corporation with a
principal place of business located at 220 Yocumtown Road, Etters, York County,
Pennsylvania 17319.
3. On March 27, 2008, the parties entered into a written contract with an effective date
of March 27, 2008 for the rental and cleaning of uniforms for the employees of the
defendant, Leon E. Wintermyer, Inc., in Etters, Pennsylvania. A copy of the contract
is attached hereto as Exhibit A.
4. The defendant, Leon E. Wintermyer, Inc., breached the contract by refusing to submit
payment for services provided and for the buyout of the contract entered into by the
parties. At the time of the breach, there were 86 weeks remaining on the contract.
The contract states that forty (40%) percent of the amount remaining on the contract
will be paid to the Plaintiff as liquidated damages, which is $2,229.12. The failure to
pay for services provided and unreturned uniforms equals $5,744.21 for a total
amount due of $8,003.33. A copy of the last statement submitted to the defendant is
attached hereto as Exhibit B.
5. As a result of the breach of contract by the defendant, Leon E. Wintermyer, Inc., the
plaintiff, Cumberland Valley Rental, has sustained a loss for total damages in the
amount of $8,003.33.
WHEREFORE, The Plaintiff claims of the Defendant the sum of Eight Thousand Three
and 33/100 ($8,003.33) Dollars plus interest and costs, an amount requiring; referral to the
Court of Common Pleas of Cumberland County, Pennsylvania.
Respectfully submitted,
SALZMANN HUGHES, P. C.
i
lGeorge . Douglas, 111, quire
Attorney for Plaintiff
Attorney ID: 61886
SALZMANN HUGHES, P.C.
354 Alexander Spring Road, Suite 1
Carlisle, PA 17015
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. 1
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904,
relating to unsworn falsifications to authorities.
Cumberland Valley Rental
Colby A. R. Fry, e-President of Sales
CERTIFICATE OF SERVICE
I, George F. Douglas, III, of Salzmann Hughes, P.C., hereby certify that a copy of the
foregoing Complaint was served this date by depositing the same in the Post Office at Carlisle,
Pennsylvania, first class main, postage prepaid, addressed as follows:
Leon E. Wintermyer, Inc.
220 Yocumtown Road
Etters, PA 17319
Respectfully Submitted,
SALZMANN HUGHES, P.C.
By: .
eorge . Douglas, III, E quire
Attorney for Plaintiff
Attorney ID No. 61886
f
_ Uniforms • Crerafis Wipers • Mats
Medical Scrubs & Protective Garments
P.O. BOX 329 111 WEST KING STREET
SHIPPENSBURG, PENNSYLVANIA 17257
PHONE: (717)532-7622
FAX: (717)530-1314
iltiii ier name: Leon Wintermyer
Wry Address: 220 Yocumtown Rd Phone: (717-93 8-1468)
Etters Pa. 17319 Fax:()
Customer: 640
Route: Aron
Day: Monday-
1s' Del.: 4/1/2009
To be completed by
Net. of Wearers Item Description Quantity weelay rental charge per item/
wemer
20 Uniforms 65135 13/13 13sets $ 7.00
5 Uniforms' 100% Cotton Usets $ 7.00
4 3/10 Mats Raisin 4 $ 4.50
4 3/5 Mats S &Raisin 4 $ 2.50
2 Jackets 2 2 $ 1.25
Rene water IT- W per mvmce
Cambabind Valley Rental (the "Company shall be the amochs provider for rertal/lease gamnents and/ or other merchandise services to the undersigned (the "Cadome!'7
66 term of the co I ct at the prices and conditions outlined below. The Customer certifies that this Contract does not ;ufringe upon any existing contract betwaxn the
Ciiitomer and another uniform rental service. Customer acknowledges that the Company will be obligated to make a substantial investment in uniforms and or merchandise to
fnl6ll tltia agreement; accmrdiogty, the term of this agreement sball be 60 months from the fast regularly scheduled delivery of the items. This contract will automatically renew, for
suouxiive periods of the same length unless either party gives written notice of teamination at lead 90 days prior to the expiration of the then current teem. Upon each annual
anmva
an c date of this contract, the price then ;n elect can automatically marease by five percent (Sgt,). Any additional item requested by the Customer doll be covered by the
terms and cwnditions of this contract and be provided at the price in effect on and after the data of the receipt of the order. The aggregate rental charge shall never be reduced to
Iess than W.'entq five percent of the original amount written above during the tams of. this contract
SO-T6 Guarantee: The Company will drive to provide the highest quality service at all times; however, the Company is not liable or responsible for delay, interroption or
won of service doe to any came beyond its reasonable control- In the event that dining the tern of this agreement (or any renewal tern). Customer has any complaints they
may, by eatified marl, address them to the general manager of the company. The B@me of cudomer to notify Company in writing of any objection or complaint within thirty days
after the occurrence of the ficts giving rise to any such objection or complaint shall constitute a waiver of such objection or complaint by Customer and shall not thereafter be the
basis for terminaei offict, or
c?mdcela;m
Name Emblem Fee each Emblem Fee each firm Fee
f?i:it1
The Customer u
(each)
N/C N/C
Item: pants hem- shirts Item: 315 Item: 3/10 Item: Item:
Cod 20.00
aderstands the garments Coat 15.00
provided by the Compan Cost 50.00
y are not flame or acid r Cod: 100.00
etarddanA, unless specified Cost
otherwise. Cad-
jf the Caatoma finals to comply wii$ this Coatract u if the Customer elects to terminate it for any reason priorto the expiration of the terms stated above, the Customer will pay
the Conitrary as liquidhadM fha yes, an
amount equal to forty percent of the total regular weekly rate or minimum aggregate rental charge as defined above rmltiplied by the
number of weelu remaining in the aeoae " temt plus say rental uniforms not returned to the Company or rchaved in a damaged fish;ou. In enforcing any tams of this agreement,
1e Customer shall pay any coda including reasonable attorney fees or arbitration fee incurred by the Company..
This Caohad aball be bW;ug upon and shall =am to benefit of the personal representatives, nxcesoas, and assigns of the respective parties hereto. This Contract is entire and
IDa:ladp all amdeahndingi of the puties. No ahcrafimm mwndmeats or future understandings shall be binding unless reduced to writing and signed by both parties. The person
signing on behalf of the Customer warrants to the Company that he/she has the authority and power to execute this contract on behalf of the Customer.
h^
J.
.qtr;
Cust mer Cumberland Valley Rental
Signs tan : Sign
Print Name: l
Title Title:
Date:
`j 23Sa8 Date: _
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CVR
ANDOCO,INC.
klrv ? rl ? o Lo4 o
v o 6 30.E
?. DD9.t?
• Corporate Apparel • Casual Apparel *'Uniform Sales •
• Customized Embroidery •
P.O. BOX 329 111 WEST KING STREET
SHIPPENSBURG, PENNSYLVANIA 17257
PHONE: (717)532-7622
FAX: (717)530-1314
l0-aq_-1)
L4 agoC?_
Account Name Leon E. WintermYer,inc.
Account # 640
Invoice # 160305
September 23 Id 2011 Through May 27d' 2013
Weekly Bill $64.80
Week Left ON Contract 86
$5,572.80
Contract Obligation 40% a"
A t n r. $2,229.12 V
$5,621.91 Owed to CVR plus any unreturned uniforms,
outstanding invoices and damaged uniforms.
Will be added after 2"d pick upl
Price QTY
$- Sub-Total
$7,851.03 Total due within 30 da S plus any unpaid invoices
U d 9L79'ON & ,:? ZlO 'LZ'gaJ
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
1ttM of culuGerf? b
Y,
2012cAR20 AM 10: 4S
Richard W Stewart
Solicitor
nF4;CE 't-E -EF'-F
CUMBERLAND COUN I ''
PENNSYLVANIA
Cumberland Valley Rental Case Number
vs.
Leon E. Wintermyer, Inc. 2012-967
SHERIFF'S RETURN OF SERVICE
03/01/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Leon E. Wintermyer, Inc., but was unable to locate
them in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within
Complaint and Notice according to law.
03/06/2012 08:12 AM - York County Return: And now March 6, 2012 at 0812 hours I, Richard P. Keuerleber, Sheriff
of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within
Complaint and Notice, upon the within named defendant, to wit: Leon E. Wintermyer, Inc. by making
known unto Kathy Wintermyer, Wife of Defendant at 220 Yocumtown Road, Etters, Pennsylvania 17319
its contents and at the same time handing to her personally the said true and correct copy of the same.
SHERIFF COST: $37.45
March 16, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
(o) Co, ntyguite 3hen!f 1'e,eoscYt ii;:
SHERIFF'S OFFICE OF YORK COUNTY
Richard P Keuerleber
Sheriff
Reuben B Zeager
Chief Deputy, Operations
PETER J. MANGAN, ESQ.
Solicitor
Richard E Rice, II
Chief Deputy, Administration
CUMBERLAND VALLEY RENTAL Case Number
vs.
LEON E. WINTERMYER, INC. 2012-967
SHERIFF'S RETURN OF SERVICE
03/06/2012 08:12 AM - DEPUTY TAYLOR ECK, BEING DULY SWORN ACCORDING TO LAW, SERVED THE
REQUESTED COMPLAINT IN CIVILACTION (CICA) BY HANDING A TRUE COPY TO A PERSON
REPRESENTING THEMSELVES TO BE KATHY WINTERMYER WIFE, WHO ACCEPTED AS "ADULT
PERSON IN CHARGE" FOR LEON E. WINTERMYER, INC. AT 220 YOCUMTOWN ROAD, ETTERS, PA
17319.
E M
TAYLOR E K, DEPUTY
SHERIFF COST. $37.99
March 09, 2012
SO AN WERS,
RICHARD P KE RLEBER, SHE IFF
-- - - --- ------- ---------------------------------- ---- ------- --- ---------- - ----- ---------------
NOTARY
Affirmed and subscribed to before me this
9TH day of
MARCH
2012
ici County Suitesnerin. Teleosoft. trc MY COh1MiSSiON EXPIRES P.UG. 12, 2013
ONV AL H P ANIA
N RI L ._..a
CITY OF YORK, YORK COL NTY
CUMBERLAND VALLEY RENTAL,
111 W. King Street
Shippensburg, PA 17257
Plaintiff
V.
LEON E. WINTERMYER, INC.
220 Yocumtown Rd.
Etters, PA 17319
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
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CIVIL ACTION- LAW ZM ?
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NO. 2012 - 967
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IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ANSWER THE
COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE
OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A
HEARING AND YOU MAY LOSE PROPERTY AND OTHER IMPORTANT RIGHTS. YOU
SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO. NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING
OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD ST.
CARLISLE, PA 17013
717-249-3166
Dated: 5- l a-3 1 Z-
By:ur
SALZMANN HUGHES, 1'.C.
George F. Douglas, III, Esquire
Supreme Court I.D. #61886
354 Alexander Spring Road, Suite 1
Carlisle, PA 17015
Phone: (717) 249-6333
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I, George F. Douglas, III, of Salzmann Hughes, P.C., hereby certify that a copy of the
foregoing Notice was served this date by depositing the same in the Post Office at Carlisle,
Pennsylvania, first class mail, postage prepaid, addressed as follows:
Leon E. Wintermyer, Inc.
220 Yocwntown Rd.
Etters, PA 17319
Respectfully Submitted,
SALZMANN HUGHES, P.C.
Date: 5 Z3 V'L
By: bF:?? r- • ?S? <-I
eorge F. Douglas, 111, E 're
Attorney ID: 61886
354 Alexander Spring Road, Suite 1
Carlisle, PA 17015
(717) 249-6333
CUMBERLAND VALLEY RENTAL,
111 W. King Street
Shippensburg, PA 17257
Plaintiff
v.
LEON E. WINTERMYER, INC.
220 Yocumtown Rd.
Etters, PA 17319
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
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CIVIL ACTION- LAW a
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N0.2012 - 967 w
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IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ANSWER THE
COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DAT
OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT
HEARING AND YOU MAY LOSE PROPERTY AND OTHER IMPORTANT RIGHTS. YO
SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWIN
OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD ST.
CARLISLE, PA 17013
717-249-3166
Dated: ~/3 I ~ 12 By:
SALZMANN IIUG S, P.C.
George F. Douglas, III, Esquire
Supreme Court I.D. #61886
354 Alexander Spring Road, Suite ]
Carlisle, PA 17015
Phone: (717) 249-6333
Attorney for Plaintiff
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CERTIFICATE OF SERVICE
I, George F. Douglas, III, of Salzmann Hughes, P.C., hereby certify that a copy of the
foregoing Notice was served this date by depositing the same in the Post Office at Carlisle,
Pennsylvania, first class mail, postage prepaid, addressed as follows:
Leon E. Wintermyer, Inc.
220 Yocumtown Rd.
Etters, PA 17319
Respectfully Submitted,
SALZMANN HUGHES, P.C.
Date: ~` ~ 31(12
By: ~
George .Douglas, III, squire
Attorney ID: 61886
354 Alexander Spring Road, Suite 1
Carlisle, PA 17015
(717) 249-6333