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HomeMy WebLinkAbout12-1612COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. Robe,4T Pa iA4,-, I M O T- 09 -3 -03 S'gS-,9rj k• DA 11S'6 W 4"uT &T-P^+ Rock 031a(oh-ot 2 CASE OF CAILtrt F4v.0 4 HA .)J_ Ra vrh o.Jd C Ne4 j . k, 1701Y obet? L7u,.t14--l MT-04303-CV-0000017- -1011 This block will be signed ONLY when Bus notation is required under Pa. R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. was before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after titling the NOTICE of APPEAL. Slyne/-&PMdkxaby-DW* I PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon _ EqYe ?. NQIn) , P vMajd C Ye;)J appellee(s), to file a complaint in this appeal { am of appeN?(s) (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signatwe of appepant or attomey or agent RULE: To Faye L H.a.1J. RayMantd C. 1{q ?nI .appellee(s) Named s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing Date: P1Q,ICr'j,13 .20 Z n?o Of Prom YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE=TO-FILE COMPLAINT (This proof of service MUST BE FILED `tA/ 774N TEN (10) DAYS AFTER"ftfing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .20 Signature of official before whom affidavit was made Title of olfisial My commission expires on a ) ; < .'<, i> n `p iri".. 20 Signature of alfiant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ-09-3-03 MDJ Name: Honorable Susan K. Day Address: 229 Mill Street P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717-486-7672 Robert Dunham 1156 Walnut Bottom Rd Carlisle, PA 17015 Disposition Summary Docket No Plaintiff Defendant MJ-09303-CV-0000017-2012 Faye L. Hain Robert Dunham MJ-09303-CV-0000017-2012 Raymond C Hain Robert Dunham Judgment Summary Participant Joint/Several Liability Faye L. Hain $0.00 Raymond C Hain $0.00 Robert Dunham $702.50 Judgment Detail (*Post Judgment) In the matter of Faye L. Hain; Raymond C Hain vs. Robert judgment was awarded as follows: Individual Liability $0.00 $0.00 $0.00 Faye L. Hain, Raymond C Hain V. Robert Dunham Docket No: MJ-09303-CV-0000017-2012 Case Filed: 1/18/2012 Disposition Disposition Date Judgment for Plaintiff 03/06/2012 Judgment for Plaintiff 03/06/2012 Amount $0.00 $0.00 $702.50 Dunham on 3/06/2012 the disposition is Judgment for Plaintiff and Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $600.00 $0.00 $600.00 Filing Fees $102.50 $0.00 $102.50 Grand Total: $702.50 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 4 /nmA+p 4 Date Magisterial District Judge Susan K. Day certify that this is a true an correct copy o the record o the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 03/09/2012 11:20:18AM D0 THE PROTHONOTAR' 2012 MAR 13 PM 1: 02 CUMBERLAND COUNTY PENNSYLVANIA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTYOF ;ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas upon the District Justice designated therein on (date of service) .3113110)- 20 1 X by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) L EIA,TTd C ;,J , on 3!i•:/ I2 20 IL ? by personal service ? by (certified) (registered) mail. sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SU SCRIVED BEFORFxME THIS / 34 DAY OF ? Signature of official before phom affidAbit was made Title of o fal My commission expires on ?rQ , 20 s ea viad by Phe44 Signature of arrant ? 1G ?aJ aye P-Owne M taffy cow** cow PA my C-W6A n t*res the 0011w-d"Mpw al w COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT 5 COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. 11 S WAlntet3 l3caT7a.?0, _. ( l v l MT-o4303•Cv- 0000017- A 0_ This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. somfu.orA 1horolry-DOPW if appellant was Claimant (see Pa. R.C.P.D.J. No. 1(101(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPL.AdNT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFEWANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon F'A Y e F14 i N Agymo r+d E d4 i n) appellee(s), to file a complaint in this appeal --? //P ` ame of PONW4 4 f ' ) * thin twenty (20) days after service of rule or suffer entry of judgment of non pros. (Common Pleas No, y Stg WL" of l/ant or&#Dmey or &9" RULE: To k yC L> N 4 #"J )Zc y v d ,Haar _' appellm(s) Nams of- a) (1) You are nopfied a rule is hereby entered upon you to f a complaint in this appeal within twenty (20) days after the data of service of thiir rule upon y6p -by pe WWI service or by ceMe,d or regiSk"d i1. (2) if you do not'fiier vearnpiairit within this-time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date pf serge. df this ruje if service was by ma! is the date of the mailing. A Date: mot.A. l"Of Prpxa,olary ar Ds+W YOu MUST INCA UD , A COPY OF THE NOTICE F JUG /TRANSCRIPT FORM tNITH THIS NOTICE OF APPEAL. AOPC 312-12 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD- COPY TO BE SERVED ON DISTRICT JUSTICE SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson L -; Sheriff Jody S Smith rp 7 "' Chief Deputy - ` P-1 04:,,L), Richard W Stewart Lti Solicitor ` MS Yl VI,4 ry ? Robert L. Dunham Case Number vs. Faye & Raymond Hain 2012-1612 SHERIFF'S RETURN OF SERVICE 03/20/2012 04:41 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on March 20, 2012 at 1641 hours, he served a true copy of the within Notice of Appeal from District Justice Judgment, upon the within named defendant, to wit: Faye & Raymond Hain, by making known unto Faye Hain, at 10 Circle Drive, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. ViAWN GUTSHALL, DEPUTY SHERIFF COST: $34.45 March 21, 2012 SO ANSWERS, RON + R ANDERSON, SHERIFF - 11 COMPLAINT ?s t-Tj CJ Appeal ?h DOCKET No. MJ-09303-CV-0000017-2012 = ? Common Pleas No. 12-1612 Civil Rule Entered To: Faye L. Hain, Raymond C. Hain Appellee(s) Appellant Robert T. Dunham Notice of Judgment/Transcript Civil Case (Attached). Notice of Appeal From District Justice Judgment (Attached) Participant List (Attached) Reserved Judgment by Susan K. Day, District Justice 09-3-03 (Attached) Appellee(s): Faye L. Hain, Raymond C. Hair.. 10 Circle Drive Carlisle, PA 17015 717-249-3906 Appellant: Robert Dunham d/b/a Dunham's Floors More 1156 Walnut Bottom Road Carlisle, PA 17015 717-241-5600 Witnesses for Notice of Judgment/Transcript Civil Case and will testify for this Complaint: Mary Lynn Casey (Witness) 1032 West Pomfret Street Carlisle, PA 17013 717-448-9018 John Peters (Witness) 109 High Mountain Road Shippensburg, PA 17257 717-226-6860 (1) A Background: Dave Wiley (deceased) did work for Robert Dunham d/b/a Dunham's Floors More. Wiley was given a new refrigerator for work performed by him for Dunham. This refrigerator was stored at Dunham's business. Wiley knew Hain had a double-wide refrigerator with ice dispenser (value $1,000) that Hain wanted to sell. Since the Hain refrigerator was used and Wiley's was new the values were acceptable to both parties. Wiley proposed he and Hain trade refrigerators'. They agreed. Hain and her husband, Raymond, went to see Wiley's refrigerator at Dunham's. This was done to ascertain the condition of the refrigerator. Dunham showed them the refrigerator and helped measure it. Mr. Dunham understood the deal Hain had with Wiley. Dunham stated to Hain that there was no hurry to remove the refrigerator from his storage facility as it was not in his way. Mary Lynn Casey (Wiley's friend) picked up Hain's refrigerator knowing the deal Hain had with Wiley; which involved no monetary exchange. This pickup was accomplished prior to Wiley's death. Thus the deal was done. Hain had only to pick up what was now their refrigerator from the storage facility of Dunham's. When Hain telephoned Dunham to set a time and date to pick up their refrigerator, Dunham told her he wanted $600 for the refrigerator. Hain sent Dunham a letter (copy attached) informing him that they wanted the refrigerator according to the terms that Wiley and Hain had agreed to: an equal trade. Also, Hain informed Dunham that if he failed to adhere to the agreement Hain was going to file in Small Claims Court for the refrigerator. Majisterial District Judge, Susan K. Day, informed the Hain's, at the beginning of the Hearing, that Her Court only could deal in money amounts and not the actual return of the refrigerator. The value was at that time set at $600. Majisterial District Judge, Susan K. Day, decision found "Judgment is entered for the Plaintiff in the amount of $600.00 together with $102.50 filing costs for a total of $702.50." Comment: "Decision granted due to the preponderance of the evidence." The above facts and statements are the truth as presently known to the undersigned appellee(s), Signed: v Faye L. Hain s/s Date: A Signed: Raymond C. Hain s/s Date: y'' 3 Za I ?-- (2) 1 Hain wanted a smaller refrigerator for her home. Wiley wanted a refrigerator for Mary Lynn Casey his girl friend. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ-09-3-03 MDJ Name: Honorable Susan K. Day Address: 229 Mill Street P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717-486-7672 Faye L. Hain 10 Circle Drive Carlisle, PA 17013 Disposition Summary Docket No MJ-09303-CV-0000017-2012 MJ-09303-CV-0000017-2012 Judgment Summary Participant Faye L. Hain Raymond C Hain Robert Dunham Plaintiff Defendant Faye L. Hain Robert Dunham Raymond C Hain Robert Dunham Joint/Several Liability Individual Liability $0.00 $0.00 $0.00 $0.00 $702.50 $0.00 Judgment Detail (`Post Judgment) In the matter of Faye L. Hain; Raymond C Hain vs. Robert judgment was awarded as follows: Judament Component Joint/Several Liability Civil Judgment $600.00 Filing Fees $102.50 Faye L. Hain, Raymond C Hain V. Robert Dunham Docket No: MJ-09303-CV-0000017-2012 Case Filed: 1/18/2012 Disposition Disposition Date Judgment for Plaintiff 03/06/2012 Judgment for Plaintiff 03106/2012 Amount $0.00 $0.00 $702.50 Dunham on 3106/2012 the disposition is Judgment for Plaintiff and Individual Liability Deposit Applied Amount $0.00 $600.00 $0.00 $102.50 Grand Total: $702.50 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES.OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ry - ,. uq 1(M41 5 Date Magisterial District Judge Susan K. Day certify-that this is a true an correct copy o the record o the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 03/09/2012 11:20:18AM ( ?, Z?? --3 i 6? _ 6 i 9 s r?V?? -Z z? - L 7- COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. f1`14 y, -( P ,Jl ,.d P1f ,: w? ell 4) -T - .fib I q?' .)'.I .i i`; ? -f J ADDRESS OF APPEUANT CRY STATE ZIP CODE ! i ,4.9 4% v.1 :TS ; .riP) r... a T'.:.e,•! „, ja: ,i. r t ..? ?.. DATE JUDGMENT IN THE CASE OF (Pry W4 (psraWenf) t Zd 7 ywp r. ) t f V{ This block will be signed ONLY when ttus notation is required under Pa. R.C.P.D.J. No. 100813. This Notice of Appeal, when received by the District Justice, will operate'as a SUPERSEDEAS to the judgment for possession in this case. was Claimant (see action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after Bing the NOTICE of APPEAL. SO-*- W A0#-Wbry -DW* PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee.---- PRAECIPE: To Prothonotary Enter rule upon .: v appellee(s), to file a complaint in this appeal me of oxwee(s) (Common Pleas No. )? / (? 1* ` .? i ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. SOW- ofaPPSA t oralromey -agwo RULE: To. p. , : t {{ 6 , appellee(s) Name of iippetleii(s) (1) You are nolified'.ft,at: 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 uponn yWly per$prial'senrice or by certified or registered mail. (2) ; If yOu, do nptfile a c&??ip(airit v?nthin this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. 'f (3) 13le; d@e seRVrc e' f this 71e itservice was by mail is the date of the mailing. Date: " . ovit n 4 ; ?° •" `' SVWunl of Pmdwnorary or Dapdy YOU MUST INC IJDt, ArCOPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE Faye L. Hain, Raymond C Hain Docket No.: MJ-09303-CV-0000017-2012 v. Robert Dunham Participant List Plaintiff(s) Faye L. Hain 10 Circle Drive Carlisle, PA 17013 Raymond C Hain 10 Circle Dr Carlisle. PA 17015 Defendant(s) Robert Dunham 1156 Walnut Bottom Rd Carlisle, PA 17015 -I" --- MDJS 315 Page 2 of 2 Printed: 03/09/2012 11:20:18AM 1 COUNTY OF CUMBERLAND SOUTH MIDDLETON TOWNSHIP SUSAN K DAY MT HOLLY SPRINGS BOROUGH MIDDLESEX TOWNSHIP MAGISTERIAL DISTRICT JUDGE Magisterial District 09-3-03 229 Mill Street Box 167 Mt Holly Springs, PA 17065 6 March 2012 Reserved Judgment Plaintiff. Faye L. Hain / Robert C. Hain Defendant: Robert Dunham Docket Number: CV-17-2012 Date of Hearing: 28 February 2012 Date of Judgment: 6 March 2012 OFFICE: TEL 717-486-7672 FAX 486-0224 Decision: Judgment is entered for the Plaintiff in the amount of $600.00 together with $102.50 filing costs for a total of $702.50. Comment: Decision granted due to the preponderance of the evidence. Susan K. Day District Justice 09-3-03 All parties are hereby notified that they have thirty (30) days from the date of judgment to appeal the decision through the Office of the Prothonotary, Cumberland County Court House, 1 Court House Square, Carlisle, PA 17013 . (717)240-6195. January 9, 2012 Robert Dunham d/b/a/Dunham's Floor More 1156 Walnut Bottom Road Carlisle, PA 17015 717241-5600 Dear Mr. Dunham; I contacted you last week to make arrangements to pick up my refrigerator at your place of business. You stated that I would have to pay you $600 to obtain possession of the refrigerator. You know that the refrigerator was the property of Dave Wiley (deceased). The arrangement I had with Dave was that I would trade him a refrigerator that I owned for the one you were keeping in your storage space for Dave. He retrieved my refrigerator prior to his death, thus the deal was complete, except for my picking up my refrigerator that you were storing for Dave and which once he picked up mine became my property. You told me on the telephone that I would have to pay you $600 for my refrigerator. You actually have no interest in that refrigerator. I am once more requesting that you permit me to pick up my refrigerator. If I do not hear from you regarding this situation, within 3 days, I am prepared to file in the Small Claims Court for recovery of my property. Hoping to hear from you. Sincerely, Faye L. Hain Owe ??? IN THE COURT OF COMMON PLEAS OF f . CUMBERLAND COUNTY, PENNSYLVANIA COUNT FAYE L. RAIN JSy?-'.?rlaJ?, RAYMOND C. HAIN, Plaintiffs V. NO. 12-1612 Civil ROBERT DUNHAM, Defendant PRELIMINARY OBJECTIONS AND NOW COMES, Defendant, Robert Dunham, hereby filing Preliminary Objections to the Complaint as follows: A. FAILURE OF PLEADING TO CONFORM TO RULE OF COURT. 1. The Complaint fails to conform to Pa. R.C.P. 1018 as a proper caption is not included in the Complaint. 2. The Complaint fails to conform to Pa. R.C.P. 1018.1 in that no Notice to Defend is attached to the Complaint. 3. The Complaint fails to conform to Pa. R.C.P. 1022 as the Complaint does not divide the pleadings into paragraphs numbered consecutively. 4. The Complaint fails to conform to Pa. R.C.P. 1021 as the pleading does not specify the relief sought and fails to address compulsory arbitration. WHEREFORE, Defendant respectfully requests that the Complaint be dismissed or allow Plaintiffs twenty (20) days to amend the Complaint to comply with the Pennsylvania Rules of Civil Procedure. B. FAILURE OF PLEADING WHICH INCLUDES SCANDULOUS OR IMPERTINENT MATTER. 1. The Complaint fails to conform to law due to the inclusion of scandalous or impertinent matter, specifically, the paragraph stating what occurred at the District Magistrate level. 2. The Complaint before this Honorable Court is a de novo proceeding and the inclusion of this statement is impertinent. WHEREFORE, Defendant respectfully requests that the Complaint be dismissed or allow Plaintiffs twenty (20) days to amend the Complaint to comply with the Pennsylvania Rules of Civil Procedure. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: By: Craig A. iehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Defendant CERTIFICATE OF SERVICE 144 AND NOW, the day of April, 2012, the undersigned hereby certifies that a true and correct copy of the foregoing Preliminary Objections were served upon the opposing parties by way of United States first class mail, postage prepaid, addressed as follows: Faye L. Hain 10 Circle Drive Carlisle, PA 17013 Raymond C. Hain 10 Circle Drive Carlisle, PA 17013 V?k? (?? Z=:;'? e A. Fike, Legal Secretary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAYE L. RAIN RAYMOND C. HAIN, Plaintiffs V. NO. 12-1612 CIVIL ROBERT DUNHAM, Defendant AMENDED COMPLAINT ter' ?' -? C4 71)C3 „c c, AND NOW COMES, Plaintiffs, Faye L. Hain and Raymond C. Hain, hereby filing Amended Complaint as follows: NOTICE TO DEFEND (Pa. R.C.P. 1018.1). 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, 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. A. PLAINTIFF(S) PLEADINGS 1. Dave Wiley (deceased) did work for Defendant. 2. Wiley was given a new refrigerator for work performed for the Defendant. 3. This refrigerator was stored at Dunham's business. 4. Wiley knew Plaintiff(s) had a double-wide refrigerator that Plaintiff(s) wanted to sell. 5. Wiley proposed he and the Plaintiff(s) trade refrigerators. 6. Plaintiff(s) viewed Wiley's refrigerator at Dunham's. 7. Defendant did not state that Wiley owed him any money for the refrigerator. 8. Defendant stated to Plaintiff(s) that there was no hurry to remove the refrigerator from his facility. 9. Mary Lynn Casey (Wiley's friend) picked up Plaintiff(s) refrigerator prior to Wiley's Death. 10. Casey was knowledgeable of the agreement Between Plaintiff(s) and Wiley. 11. The agreement was concluded when Casey picked up Plaintiff(s) refrigerator. 12. Wiley passed away. 13. Plaintiff(s) called Defendant to make the Pickup of their refrigerator and Defendant told Plaintiff(s) he wanted $600 for the refrigerator. 14. John Peters, Wiley's roommate, knows term of agreement between Plaintiff(s) and Wiley. B. The PLAINTIFF(S) SEEK RELIEF by complying with Pa. R.C.P. 1021; by requesting the sum of $702.50 from Defendant. C. The PLAINTIFF(S) further agree to no cost compulsory arbitration. D. THIS AMENDED COMPLAINT deletes IMPERTINENT OR SCANDALOUS MATTER contained in original complaint. WHEREFORE, Plaintiff(s) respectfully request that the Preliminary Objections be dismissed or allow Defendant twenty (20) days to reply to Amended Complaint and/or Defendants Appeal Be Dismissed. Date: April 30, 2012 Respectfully submitted, Jvcl'? z A/,?- Faye L. Hain And ymond C. Hain 10 Circle Drive Carlisle, PA 17015 Tel: (717)249-3906 Plaintiff(s) i 1 tij gg IN THE COURT OF COMMON PLEAS OF R"! 2: u CUMBERLAND COUNTY, PENNSYLVANIA 7U!fEB_f111../4ND FAYE L. HAIN RAYMOND C. HAIN, Plaintiffs . V. NO. 12-1612 Civil ROBERT DUNHAM, Defendant PRELIMINARY OBJECTIONS TO AMENDED COMPLAINT AND NOW COMES, Defendant, Robert Dunham, hereby filing Preliminary Objections to the Amended Complaint as follows: A. FAILURE OF PLEADING TO CONFORM TO RULE OF COURT. 1. The Complaint fails to conform to Pa. R.C.P. 1018.1 as the Notice is insufficient or incomplete. 2. The Complaint fails to conform to Pa. R.C.P. 1022 as the Complaint divides the pleadings into paragraphs, some being with letters and the other with numbers. 3. The Complaints fails to conform to Pa. R.C.P. 1019(h) in that the claim is allegedly based upon an agreement; however, the pleading does not state specifically if the agreement is oral or written. 4. The Complaint fails to include a proper Verification as required by Pa. R.C.P. 1021. WHEREFORE, Defendant respectfully requests that the Complaint be dismissed since Plaintiffs have again failed to comply with the Pennsylvania Rules of Civil Procedure. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: 411- By: Craig A. iehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Defendant CERTIFICATE OF SERVICE AND NOW, the _ day of May, 2012, the undersigned hereby certifies that a true and correct copy of the foregoing Preliminary Objections to Amended Complaint were served upon the opposing parties by way of United States first class mail, postage prepaid, addressed as follows: Faye L. Hain 10 Circle Drive Carlisle, PA 17015 Raymond C. Hain 10 Circle Drive Carlisle, PA 17015 Debra A. 'ke, Legal Secretary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAYE L. HAIN RAYMOND C. HAIN, Plaintiffs V. NO. 12-1612 CIVIL ROBERT DUNHAM, Defendant AMENDED COMPLAINT MW ?Z r-? X7 AND NOW COMES, Plaintiffs, Faye L. Hain and Raymond C. Hain, hereby filing Amended Complaint as follows: NOTICE TO DEFEND (Pa. R.C.P. 10181) 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. ,3 r PLAINTIFF(s) PLEADINGS 1. Dave Wiley (deceased) did work for Defendant. 2. Wiley was given a new refrigerator for work performed for the Defendant. 3. This refrigerator was stored at Dunham's business. 4. Wiley knew Plaintiff(s) had a double-wide refrigerator that Plaintiff(s) wanted to sell. 5. Wiley proposed he and the Plaintiff(s) trade refrigerators. 6. Plaintiff(s) viewed Wiley's refrigerator at Dunham's. 7. Defendant did not state during the viewing, nor anytime thereafter, that Wiley owed him any money for the refrigerator. 8. Defendant stated to Plaintiff(s) that there was no hurry to remove the refrigerator from his facility. 9. Mary Lynn Casey (Wiley's friend) picked up Plaintiff(s) refrigerator prior to Wiley's Death. 10. The agreement was concluded when Mary Lynn Casey picked up Plaintiff(s) refrigerator. 11. Wiley passed away. 12. Plaintiff(s) called Defendant to make the pickup of Plaintiff(s) refrigerator and Defendant told Plaintiff(s) he wanted $600 for the refrigerator. 13. The Agreement between Plaintiff (s) and Dave Wiley (deceased) was verbal, 14. John Peters, Wiley's former roommate, is aware of the terms of the agreement between Plaintiff(s) and Wiley. 15. Mary Lynn Casey (Wiley's former friend) is aware of the terms of the agreement between Plaintiff(s) and Wiley. WHEREFORE, Plaintiff(s) Seek Relief by requesting the sum of $702.50 from Defendant. The Plaintiff(s) further agree to no cost compulsory arbitration. WHEREFORE, Plaintiff(s) respectfully request that the Preliminary Objections To Amended Complaint and/or Defendants Appeal Be Dismissed. Date: Max 17, 2012 Respectfully submitted, Faye L. Hain - - ` / It4ymond C. Hain 10 Circle Drive Carlisle, PA 17015 Tel: (717)249-3906 Plaintiff(s) CERTIFICATE OF SERVICE AND NOW, the 17th day of May 2012, the PLAINTIFF(S) hereby certify that a true and time stamped copy of the foregoing Amended Complaint was served upon the opposing party by way of United States signed receipt requested mail, addressed as follows: Robert Dunham 1156 Walnut Bottom Road Carlisle, PA 17015 Faye C. Hain, Plaintiff Cc? ay nd C. Hain, Plaintiff i 0 71 fr, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAYE L. RAIN i . L f=, i? GO UN T '. , Y?. VAi'liA RAYMOND C. RAIN, . Plaintiffs V. NO. 12-1612 Civil ROBERT DUNHAM, Defendant PRELIMINARY OBJECTIONS TO SECOND AMENDED COMPLAINT AND NOW COMES, Defendant, Robert Dunham, hereby filing Preliminary Objections to the Second Amended Complaint as follows: A. FAILURE OF PLEADING TO CONFORM TO RULE OF COURT. 1. The Second Amended Complaint fails to conform to Pa. R.C.P. 1024 as a proper Verification is not attached to the Complaint. 2. The Second Amended Complaint fails to conform to Pa. R.C.P. 1018.1 in that the Notice to Defend attached to the Complaint is incomplete. 3. The Second Amended Complaint fails to conform to Pa. R.C.P. 1021 as an averment suggests "no cost compulsory arbitration" which Defendant has no idea what Plaintiffs are even talking about or pleading. WHEREFORE, Defendant respectfully requests that the Complaint be dismissed as this is the third (3`d) time that Plaintiffs have failed to follow the Pennsylvania Rules of Civil Procedure resulting in Defendant incurring burdensome and onerous attorney fees due to Plaintiffs' inexcusable neglect. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: By: 00 '0A As Craig A. hl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Defendant CERTIFICATE OF SERVICE AND NOW, the day of May, 2012, the undersigned hereby certifies that a true and correct copy of the foregoing Preliminary Objections to Second Amended Complaint were served upon the opposing parties by way of United States first class mail, postage prepaid, addressed as follows: Faye L. Hain 10 Circle Drive Carlisle, PA 17015 Raymond C. Hain 10 Circle Drive Carlisle, PA 17015 bra A. Fike, Legal Secretary W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAYE L. HAIN RAYMOND C. HAIN, Plaintiffs V. ROBERT DUNHAM, Defendant NO. 12-1612 CIVIL AMENDED COMPLAINT AND NOW COMES, Plaintiffs, Faye L. Hain and Raymond C. Hain, hereby filing Amended Complaint as follows: NOTICE TO DEFEND (Pa. R.C P 10181)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, 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 Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 PLAINTIFF(s) PLEADINGS 1. Dave Wiley (deceased) did work for Defendant. 2. Wiley was given a new refrigerator for work performed for the Defendant. 3. This refrigerator was stored at Dunham's business. 4. Wiley knew Plaintiff(s) had a double-wide refrigerator that Plaintiff(s) wanted to sell. 5. Wiley proposed he and the Plaintiff(s) trade refrigerators. 6. Plaintiff(s) viewed Wiley's refrigerator at Dunham's. 7. Defendant did not state during the viewing, nor anytime thereafter, that Wiley owed him any money for the refrigerator. 8. Defendant stated to Plaintiff(s) that there was no hurry to remove the refrigerator from his facility. 9. Mary Lynn Casey (Wiley's friend) picked up Plaintiff(s) refrigerator prior to Wiley's Death. 10. The agreement was concluded when Mary Lynn Casey picked up Plaintiff(s) refrigerator. 11. Wiley passed away. 12. Plaintiff(s) called Defendant to make the pickup of Plaintiff(s) refrigerator and Defendant told Plaintiff(s) he wanted $600 for the refrigerator. 13. The Agreement between Plaintiff (s) and Dave Wiley (deceased) was verbal, 14. John Peters, Wiley's former roommate, is aware of the terms of the agreement between Plaintiff(s) and Wiley. 15. Mary Lynn Casey (Wiley's former friend) is aware of the terms of the agreement between Plaintiff(s) and Wiley. WHEREFORE, Plaintiff(s) Seek Relief by requesting the sum of $702.50 from Defendant. The Plaintiff(s) further agree to compulsory arbitration. WHEREFORE, Plaintiff(s) respectfully request that the Preliminary Objections To Amended Complaint and/or Defendants Appeal Be Dismissed. PLAINTIFF(S) VERIFICATION Dave Wiley's (deceased), former roommate is knowledgeable of the terms of the Agreement between Plaintiff(s) and Dave Wiley and of Dave Wiley's character. Dave Wiley's (deceased), former friend is knowledgeable of the terms of the Agreement between Plaintiff(s) and Wiley and of Dave Wiley's character. Plaintiff(s) hereby state that the statements contained herein are true based on personal knowledge, information and/or belief. Date: June 7.2012 Respectfully submitted, aye L. Hain And ymond C. Hain 10 Circle Drive Carlisle, PA 17015 Tel: (717)249-3906 Plaintiff(s) CERTIFICATE OF SERVICE AND NOW, the 7th day of June 2012, the PLAINTIFF(S) hereby certify that a true and time stamped copy of the foregoing Amended Complaint was served upon the opposing party by way of United States signed receipt requested mail, addressed as follows: Robert Dunham 1156 Walnut Bottom Road Carlisle, PA 17015 Fay e4,. Hain, Plaintiff 42 nd C. Hain, Plaintiff l ! ) IN THE COURT OF COMMON PLEAS OF „ + . ; CUMBERLAND COUNTY, PENNSYLVANIA 2 AN I `= " FAYE L. HAIN RAYMOND C. HAIN, Plaintiffs V. NO. 12-1612 Civil ROBERT DUNHAM, Defendant PRELIMINARY OBJECTIONS TO THIRD AMENDED COMPLAINT ?ERLayi4D CO?? UNI T Y ENIS?'LVAY{IA AND NOW COMES, Defendant, Robert Dunham, hereby filing Preliminary Objections to the Third Amended Complaint as follows: A. FAILURE OF PLEADING TO CONFORM TO RULE OF COURT. 1. The Third Amended Complaint fails to conform to Pa. R.C.P. 1024 as a proper Verification is not attached to the Complaint. Specifically, Plaintiffs set forth two sentences under the heading "Plaintiffs Verification" that are improper, irrelevant, and prejudicial. Defendant is unclear whether this is an attempt for additional averments or what purpose these two (2) sentences serve. 2. The Third Amended Complaint fails to conform to Pa. R.C.P. 1021(c). 3. The Third Amended Complaint fails to conform to Pa. R.C.P. 440(a)(1). WHEREFORE, Defendant respectfully requests that the Complaint be dismissed as this is the fourth (4th) time that Plaintiffs have failed to follow the Pennsylvania Rules of Civil Procedure resulting in Defendant incurring burdensome and onerous attorney fees due to Plaintiffs' inexcusable neglect. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: By: A, Zq'rig& Craig A. ehl, Esquire Attorney M. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Defendant f CERTIFICATE OF SERVICE AND NOW, the 20'h day of June, 2012, the undersigned hereby certifies that a true and correct copy of the foregoing Preliminary Objections to Third Amended Complaint were served upon the opposing parties by way of United States first class mail, postage prepaid, addressed as follows: Faye L. Hain 10 Circle Drive Carlisle, PA 17015 Raymond C. Hain 10 Circle Drive Carlisle, PA 17015 ??Q ??7- - rbTbra A. Fike, Legal Secretary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VAYZ L. RAYMM C. RAIN, Plaintiffs v. 80. 12-1612 CIVIL ACTIOK ROBRRT DUNK M, C= Defendant - --i rn C FOURTH AMENDED COMP, AMT 4" N„J ? C I 9 -v AND NOW COMES, Plaintiffs, Faye L. Hain and Raymond C. Hain, hereby filing fan'' s Amended Complaint as follows: , NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set ftwth in the following pages, you must take action within twenty (20) days after this complaint, order and notice are served, by entering a written apace perso y or by atwmey and by fifing in writing with the court your defer or objections to the claims set forth against you You are warned that if you fail to do so the case may pwceed wWwut you and ajudgmeat may be. entered again t you by the court widKKA further notice for my money claimed in the complaint or for any other claim or relief requested by the plaintiff You may lose money oc pity 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 Lawyer Referral service 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. PLAINT M(s) PLEADINGS 1. Dave Wiley (deceased) did work for Defendant. 2. Wiley was given anew refrigerator for work performed for the Defendant. 3. This refrigerator was stored at Dunham's business. 4. Wiley knew Plaintiff(s) had a double-wide refrigerator that Plaintiff(s) wanted to sell. 5. Wiley proposed he and the Plaintif f (s) trade refrigerators. 6. Plaintiff(s) viewed Wiley's refrigerator at Dunham !s. 7. Defendant did not state during the viewing, nor anytime thereafter, that Wiley awed him any money for the mffigmtor 8. Defendant stated to Plaintiff(s) that there was no hurry to remove the refrigerator from his facility. 9. Mary Lynn Casey (Wiley's friend) picked up Plaintiff(s) refrigerator prior to Whey's Death. 10. The agreement was concluded when Mary Lynn Casey picked up Plaintiff(s) refrigerator. 11. Wiley passed away. 12. Plaintiff(s) called Defendant to make the pickup of Plaintiff(s) refrigerator and Defendant told Plaintiff(s) he wanted $600 for the refrigerator. 13. The Agreement between Plaintiff (s) and Dave Wiley (deceased) was verbal, 14. John Peters, Wiley's former roommate, is aware of the terms of the agreement between Plainti:Ms) and Wiley. 15. Mary Lynn Casey (Widey's former friend) is aware of the terms of the agreement between PWntiRs) and Wiley- WHEREFORE, Plaintiff(s) Seek Relief by requesting the sum of $702.50 from Defendant which. amount is less than the compulsory arbitration limit in Cumberland County. PlaintiMs) respectfully request that the Preliminary OWjections To Amended Complaint and/or Defendants Appeal Be Dismissed. VERIFICATION The forgoing document is based upon information which has been gathered by us in the Preparation of this action. We have read the statements wade in this document anat. they are true and ronixt -to the best of our knowledge, information and belief. We understand that false statements herein made we sect to the gem of 19 FaG.SA- Secfim 49d4, miafiW to unsworn falsification to authorities. Respectiiilly submitted, Faye JeUAa 100 ymond . Hain 10 Circe Drive Carliaie, PA 17015 Tel: (717)249-3906 Plaindms) Date: June Z7, 7,012 'ERTIFICATE OF SERVICE AND NOW, the 27th day of June 2012, the PLAINTIFF(S) hereby certify that a true and time stamped copy of the foregoing Amended. Complaint was served upon the opposing party by way of United States mail, addressed as. Mows: Craig A. Mehl, Esquire 3464 Trundle Road Camp Hill, PA 17011 Attorney for Defcadaut Faye , Plaintiff ymond C. Hain, Plaintiff 10 Circle Drive Carib* PA 17015 Date: June 27, 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAYE L. HAIN RAYMOND C. HAIN, , Plaintiffs V. NO. 12-1612 Civil ROBERT DUNHAM, Defendant , PRELIMINARY OBJECTIONS TO FOURTH AMENDED COMPLAINT ?c.cu?pl~ C R0 ?" 2012 A) PH cum P S YL OU??NI N r-neO ? Z ro Defendant, Robert Dunham, preliminarily objects to the Fourth Amen ormla ZO pursuant to Pa. R.C.P. 1028(a)(3) as follows: 5: --, o A. INSUFFICIENT SPECIFICITY IN COMPLAINT 1. Plaintiffs allege that a David Wiley (deceased) did work for and in exchange therefore received a new refrigerator. 2. The refrigerator is not described in any detail, so it is unknown wh is a One Hundred Dollar ($100.00) refrigerator or a Two Thousand ($2,000.00) refrigerator. 3. Plaintiff's Complaint alludes to a Dunham. The Complaint does identify who Dunham is. 4. Plaintiff's Complaint further fails to describe the work alleg performed by David Wiley for Defendant. 5. The Complaint requests Seven Hundred Two Dollars and Fifty C ($702.50) in damages, but there is no itemization of how this amount derived. i n, =F3 C3 a it y 6. The remaining averments describe what occurred between Wiley or Wiley's friend and the Plaintiffs which have no legal significance to Defendant. WHEREFORE, Defendant, Robert Dunham, respectfully requests dismissal of Plaintiffs' Complaint. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: By: Craig A. ehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Defendant CERTIFICATE OF SERVICE AND NOW, the 9 day of July, 2012, the undersigned hereby certifies that a and correct copy of the foregoing Preliminary Objections to Fourth Amended Complaint served upon the opposing parties by way of United States first class mail, postage addressed as follows: Faye L. Hain 10 Circle Drive Carlisle, PA 17015 Raymond C. Hain 10 Circle Drive Carlisle, PA 17015 A. Fike, Legal Secretary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAYE L. HAIN RAYMOND C. HAIN, Plaintiffs t? V. NO. 12-1612 CIVIL ACTI01b3 rnew z? ROBERT DUNHAM, ?r Defendant` ?z FIFTH AMENDED COMPLAINT X C) > AND NOW COMES, Plaintiffs, Faye L. Hain and Raymond C. Hain, hereby filing fifth Amended Complaint as follows: NOTICE TO DEFEND ^1 c_ I co N You have been sued in court. If you wish to defend against the claims set forth in following pages, you must take action within twenty (20) days after this complaint, order an4 notice are served, by entering a written appearance personally or by attorney and by filing in writing with the court your defenses or objections to the claims set forth against you. You ai warned that if you fail to do so the case may proceed without you and a judgment may be en against you by the court without further notice for any money claimed in the complaint or fo 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 Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 C:1 z? r -r C? Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply wi the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please cunt t our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. PLAINTIFF(s) PLEADINGS 1. Upon Information and belief David Wiley (deceased) did work for Defendant. 2. Upon Information and belief David Wiley was given a new refrigerator in exchange for work performed for the Defendant. 3. This refrigerator was stored at Robert Dunham's business. 4. David Wiley knew Plaintiff(s) had a double-wide refrigerator that Plaintiff(s) wanted to sell. 5. David Wiley proposed he (David Wiley) and the Plaintiff(s) trade refrigerators. 6. Plaintiff(s) viewed David Wiley's refrigerator at Robert Dunham's business. 7. Upon Information and belief Defendant knew of agreement to trade refrigerators anhe knew Plantiff(s) came to Robert Dunham's business to look at the refrigerator prior o the trade. 8. Defendant did not state during the viewing of the refrigerator, nor immediately thereafter, that David Wiley owed Defendant any money for the refrigerator also Defendant did not indicate any need to remove the refrigerator immediately or any additional charges would be due. 9. Pursuant to the agreement between Plantiff(s) and David Wiley, he (David Wiley) his agent pick up Plantiff(s) refrigerator. 10. David Wiley passed away before Plaintiff(s) could pick up their refrigerator. 11. Plaintiff(s) called Defendant to make the pickup of Plaintiff(s) refrigerator and Defendant told Plaintiff(s) he wanted $600 for the refrigerator. WHEREFORE, Plaintiff(s) Seek Relief by requesting that the Defendant release the refrigerator to Plaintiff(s), or in the alternative pay Plaintiff(s) the value of the refrigerator, plus costs which amount is less than the compulsory arbitration limit in Cumberland County. Plaintiff(s) respectfully request that the Preliminary Objections To Amended and/or Defendants Appeal Be Dismissed. VERIFICATION The forgoing document is based upon information which has been gathered by us in the Preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. Respectfully submitted, Faye L. Main 1;ymond,C. Hain 10 Circle Drive Carlisle, PA 17015 Tel: (717)249-3906 Plaintiff(s) Date: July 1& 2o12 CERTIFICATE OF SERVICE AND NOW, the 18th day of July 2012, the PLAINTIFF(S) hereby certify that a true and time stamped copy of the foregoing Amended Complaint was served upon the opposing party by way of United States mail, addressed as follows: Craig A. Diehl, Esquire 3464 Trundle Road Camp Hill, PA 17011 Attorney for Defendant Faye LMain, Plaintiff Raymon C. Hain, Plaintiff 10 Circle Drive Carlisle, PA 17015 Date: July 18, 2012 O?NONOTAR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAYE L. HAIN RAYMOND C. HAIN, Plaintiffs V. NO. 12-1612 Civil ROBERT DUNHAM, Defendant . ANSWER TO FIFTH AMENDED COMPLAINT WITH NEW MATTER 2012 AUG - I AM It: 45 CUMBERLAND COUNTY PENNSYLVANIA AND NOW COMES, Defendant, Robert Dunham, by and through his counsel, answering the Complaint with New Matter as follows: 1. Admitted. By way of further answer, Defendant paid Wiley for the performed. 2. Denied. No such arrangement ever existed. 3. Denied. Defendant does not store refrigerators at his business location. 4. Denied. After reasonable investigation, Defendant is without knowledge information sufficient to form a belief as to the truth of what David Wiley, deceased, knew or not know. 5. Denied. After reasonable investigation, Defendant is without knowledge information sufficient to form a belief as to the truth of whether David Wiley, proposed to trade refrigerators. 6. Denied. There is no refrigerator owned by David Wiley, deceased, at Defendant's business. 7. Denied. Defendant did not know of any such arrangement to trade and thought Plaintiff(s) wanted to purchase the refrigerator. 8. Denied. Defendant believed Plaintiff(s) wanted to purchase the David Wiley, deceased, had nothing to do with any refrigerator owned by Plaintiff. 9. Denied. After reasonable investigation, Defendant is without knowledge information sufficient to form a belief as to the truth of the averment. 10. Denied. After reasonable investigation, Defendant is without knowledge information sufficient to form a belief as to the truth of the averment. 11. Denied. Defendant did not owe any refrigerator to Plaintiff(s) and Plaintiff(s) of the purchase price of the refrigerator if they wanted to purchase it. NEW MATTER 12. Defendant pleads the doctrines of accord and satisfaction and/or payment as work performed by David Wiley, deceased, was paid to him by Defendant prior to his death. 13. Plaintiffs have failed to state a valid cause of action recoverable under the law. 14. Plaintiffs have failed to identify the alleged refrigerator (i.e. type, make, value) and thus have no recoverable damages. WHEREFORE, Defendant, Robert Dunham respectfully requests judgment to be or or in his favor and against Plaintiffs and for such other relief this Court deems reasonable and just. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Date: By: Craig A. iehl, Esquire Attorney I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 Tel: (717) 763-7613 Fax: (717) 763-8293 Attorney for Defendant VERIFICATION I, Robert Dunham, Defendant above-named, being duly sworn according to law, that the facts set forth in the foregoing Answer to Fifth Amended Complaint with New are true and correct to the best of my knowledge, information, and belief. The understands that the statements made therein are made subject to the penalties of 18 Pa. §4904 relating to unsworn falsification to authorities. Date: 7130120 /2- /111i 40Z„4. .S. Robert Dunham CERTIFICATE OF SERVICE a41-- AND NOW, the o3/ day of July, 2012, the undersigned hereby certifies that a and correct copy of the foregoing Answer to Fifth Amended Complaint with New Matter served upon the opposing parties by way of United States first class mail, postage addressed as follows: Raymond C. Hain Faye L. Hain 10 Circle Drive Carlisle, PA 17015 A. Fike, Legal Secretary ,~ FAME L. RAIN RAYMOND C. RAIN, PlaietiRs, v. ROBERT DUNIIAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-1612 CIVIL ACTION P~,,AINTIFF'S ANSWE~i '~O ~EFENDANT'3 NEW MA~,.R n c -r3 ~rn ~~ ~~,' ~~ -~ ~~ ~~ A11TD IYOW, this l 7th day of Au®u,~t, 2U12, c;oa the Phi, l~.AXE L. HA1N RAYMOND C. RAIN, and tl~e farllowim~ Ans~r ~ t~ New aid filed by De#enda~, averring as follows: w ``-=', ~~ _~ N s ,~ c ~`~= ._.i c --~ ~. -T, a C~ --r, ~ ~-w. o p .,~ r r. 12. The av~ cow in ~ tie (12) ae t~taw to w.~ ~~. Tn #~ ~.a ~ ~s ~l~ at~+e averts are specif`~r~alty d at~d stt~ct p~+aof ~ es ~ at ~r~. ~. The n~ ~ i~ ~ (13) ate onnciasions bf law to which no restaonse ~ tied. To the ~ t a ~ ~ ~ ads ire ~~y decd ~d p~ftf is cietnandcd trt trial. 14. The avenxts ca-~d in paragta ~ { I4) ~ E:atrclt~ix~s ~ to wl no a is ~ To !fie ext~t >h~ a ~e is nealair~ed, these averrrats are specifically ~ and t pc~l mil' ~ det~ncted treat.. .~ WHEREFORE, Plaintiffs respectfully request that this Court enter,jisent in favor and award Plaintiffs the relief requested in their Complaint. Respect~u~y ~ubmi~d, Dated Aua~st 17.2012 Faye Hain vE~cATTON The forgoing document is based upon information which has been gathereci'by us in Preparation of this action We have mad the in thk docmncak aad; are aad t ~ ~ lx~t a~ ~ ~~ and ~ 1iVe nand that false stags ~ are ~ ~ ~ of 18 Pa.C.S..A. 4944, ~ do to au~orities. 1Y Faye Hain Q nd C. Hain 10 Circle Drive Carlisle, PA 17015 Tel: (717)249-3906 PiaietHf(e) Date: ~7.20,~Z , Vr• C~RT~FICATE OF SERVICE AND NOW, the 17th day of August 2012, the PL,AINTIFF(S) hereby certify that a a~ time stamped copy of the ~ Arne ~ the op~g qty ~ way of Ltnitod Stages mail, addressed as follows: Craig A. Diehl, Esgeire 344 Tr~c Rsa+d Camp Hill, PA 17011 Attaa'a~y fm- Defendant Faye I~ll~ia,'Plahd~ ffaymo~d C. Ha#n, Plaintiff 10 Circle Drirve Carlisle, PA 17015 Date: Anmtat 17.2012 Raymond C. Hain and Faye L. Hain In the Court of Common Pleas of Cumberland Plaintiff Robert Dunham County,Pennsylvania No. 12 -1612 Defendant Civil Action—Law. Oath We do solemnly swear(or affirm)that we will support, obey and defend the Constitution of the United States and the Constitution of thi Commonweal an t we will 'scharge the dutie our office with fidelity. Si tore Signare S' afore Kathleen K. Shaulis Geo J. Costopolous rack M. Hartman Name(Chairman) Name Name Shaulis Law Office Law Offices of George J.Costopolous Persun & Heim P.C. Law Firm Law Firm Law Firm P. O. BOX 1229 153 N. Hanover Street 1700 Bentcreek Blvd., Suite 160 Address Address Address Carlisle 17013 Carlisle 17013 Mechanicsburg 17050 City, Zip City, Zip City, Zip Award We,the undersigned arbitrators,having been duly appointed and sworn(or affirmed),make the following award: (Note: If damages for delay are awarded,they shall be separately stated.) .Arbitrator,dissents. (Insert name if applicable.) Date of Hearing: `�p Date of Award: (Chairman) Notice of Entry of Award Now,the 30 day of , 20 13 ,at /D- '�� M.,the above award was entered upon the docket an notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to b paid upon appeal: $ ��'-S� By: Prothonotary Deputy OT THE PROTHf�P, T „ s CUMBERLAND COUNTY PENNSYLVANIA � y,e L. Ct� ovral 1/a,`�,