Loading...
HomeMy WebLinkAbout12-4042COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM w 6erGa?o? DISTRICT JUSTICE JUDGMENT COMMON PLEAS No.l? yD??(? 1?1L erg 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. q R", rJTM7ff . NT 3 1Z 4? L/ lZ F 91r of ?? r ( t'?'b '3 "( X70 L o v `?S 9)? S/??j` Val ?CJ 1n? This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. si rw-dProMo Ny-Do wy 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 appellee(s), to file a complaint in this appeal - Name of appell"(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attomey or agent RULE: To , appellee(s) Name of appeUee(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: ,20 Signature of Prothonotary ar Deputy 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 n 9-?-0Z crry f" " , r/.cAz 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 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 official My commission expires on d a C) tip ? ? ?lC LL- .> Clct:: M 20 Signature of afhant COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-2-02 MDJ Name: Honorable Jessica Brewbaker Address: 18 North Hanover Street, Suite 106 Carlisle, PA 17013 Telephone: 717-240-6564 David Feldgus 154 Carlisle Spring Road, Rear Carlisle, PA 17013 Disposition Summary Docket No Plaintiff MJ-09202-CV-0000047-2012 David Feldgus MJ-09202-CV-0000047-2012 David Feldgus David Feldgus V. Louis Marc Fisher, Vehicles, Inc. Docket No: MJ-09202-CV-0000047-2012 Case Filed: 3/1/2012 Defendant Disposition Disposition Date Louis Marc Fisher Judgment for Defendant 05/30/2012 Vehicles, Inc. Judgment for Defendant 05/30/2012 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. G o ` )' -2- Date q?? ? OL D, f?' - Magisterial District Judge Jessica Brewbaker I certify that this is a true and correct copy o the record o the proceedings containing the ju gment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 05/30/2012 4:17:27PM David Feldgus V. Louis Marc Fisher, Vehicles, Inc. Participant List Plaintiff(s) David Feldgus 154 Carlisle Spring Road, Rear Carlisle, PA 17013 Defendant(s) Louis Marc Fisher 3241 Levans Road Coplay, PA 18037 Vehicles, Inc. c/o Louis M. Fisher, President/Treasurer 3241 Levans Road Coplay, PA 18037 Docket No.: MJ-09202-CV-0000047-2012 MDJS 315 Page 2 of 2 Printed: 05/30/2012 4:17:27PM 0 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY David Feldgus Civil Action-Law V Appeal from MDJ 09-2-02 Docket No. 47-2012 Louis Marc Fisher fI t4Qqn And Docket No. rC Vehicles Inc. 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 CAN NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT-WHERE YOU CAN GET LEGAL HELP. C:_t Cumberland County Bar Association rnm _a _ 32 South Bedford Street -0- - Carlisle, Pa. 17013 rJ CD u ' I 249-3166 ?-- a ' 2Q C') Or c: .. ` r - C Court Administrator's office - Cumberland county Courthouse 3rd Floor Carlisle, Pa. 17013 240-6200 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY David Feldgus 154 Rear Carlisle Springs Rd. Civil Action-Law Carlisle, Pa. 17013 Plaintiff Appeal From MDJ 09-2-02 V. Louis Marc Fisher 3241 Levans Road Docket No 47-2012 Coplay, Pa. 18037 Docket no. And Vehicles Inc. C/O Louis M. Fisher President/Treasurer 3241 Levans Road Coplay, Pa. 18037 COMPLAINT And now here comes the Plaintiff, David Feldgus, by and through his attorney, Daniel Pollock, Esq., to file this complaint in law against Louis Marc Fisher, and his business, Vehicles Inc. for the reasons spelled out below. Parties 1. David Feldgus is an individual who currently resides at 154 Carlisle Springs Road, rear, Carlisle Pa. 17013 2. Louis Marc Fisher is an individual who resides at 3241 Levans Road Coplay, Pa. 18037 3. Vehicles Inc. is a Pennsylvania recognized corporation with its principle place of business being located at 3241 Levans Road Coplay, Pa. 18037 Count 1 Count 1 Fraud 4. Paragraphs 1-3 are incorporated by reference as if written out in full 5. On February 11, 2012 Defendant Fisher Posted an advertisement on Facebook selling a 1991 Buick Roadmaster for $4,000. 6. Defendant Fisher claimed that this vehicle was in good condition based on the photos placed on Facebook 7. During the night of February 12, 2012 Defendant Fisher delivered vehicle to Plaintiff David Feldgus for the sum of $4,000 8. Upon the next morning when it was light enough to properly inspect the vehicle Mr. Feldgus found that the vehicle was not in the condition as advertised. 9. This inspection also showed that this vehicle could not pass Pa. Safety or Emissions inspections. 10. Upon discovering this material defects in the vehicle Mr. Feldgus demanded a refund of his purchase price 11. Having failed to secure the return of his purchase price, Mr. Feldgus returned the 1991 Buick Roadmaster to Vehicles Inc. and Louis Fisher on February 20, 2012 WHEREFORE Mr. Feldgus Prays that this Honorable Court Grant him a verdict in his favor for the cost of the vehicle, cost of pursuing this matter and reasonable attorney fees Count 2 Fraud 12. Paragraphs 1-11 are incorporated by reference as if written out in full. 13. Louis Fisher did not deliver a good Pennsylvania title to the 1991 Buick Roadmaster to David Feldgus. 14. Without a good title, Mr. Feldgus can not register this vehicle or show any incidents of ownership of this vehicle. 15. The title delivered to Mr. Feldgus was a New York State Title Issued on 10/03/2011 to a William Quinones. 16. Mr. Feldgus is without knowledge as to whom Mr.Quinones is or if this is a validly transferred title to Louis Fisher.. 17. 75 Pa.C.S.A. 1101 requires all motor vehicles to be titled in Pennsylvania in order to be registered in Pennsylvania 18. The 1991 Buick Roadmaster sold to David Feldgus By the Defendants did not comply with the statute requiring vehicles to be titled in Pennsylvania. Wherefore the Plaintiff claims that the sale of the 1991 Buick Roadmaster was done in a fraudulent manner, making the transaction voidable on the part of David Feldgus and the plaintiff prays that this Honorable Court grant him a verdict for the cost of the vehicle, cost of pursuing this matter, and any reasonable attorney fees. Respectfully S bmitted, I C?IIL f Daniel Pollock, Esq. Attorney for the plaintiff David Feldguss 801 Sandbank Road #18 Mount Holly Springs, Pa. 17065 Pa. Super. Id. 70315 Phone and fax (717) 486-0030 E-Mail Dbigdanp@Aol.com VERIFICATION I verify that the statements made in this complaint are true and correct to the best of my knowledge. I understand that false statements knowingly made herein are subject to the penalties of 18 Pa. C.S. 4904 regarding unsworn falsifications to Authorities Date ' avid Feldgus +i, ?LEO'QF??. k OF Z pROT TARY 2112 Jul -5 AM 10, 15 NTY COtWA GU Yk A ,"0mplete it item 4 if n` 2 • F'ridt Y°?Rn iRl idea Del ve 3' Also com e and rY is desired plete It Attach this c'jr, _ or on the °an i to , urn the heca d to the reverse front, , You. ?_space per n Of them e 1 Article Add ailpiec ?sed'o: S? ? Lr?s Z0.37 2. Article Number =?r from se Ps Fo rvios /ale, '9Q I A. Sign X ro by(p noted /va meJ D. Is de -7- C. If YES, e. , ffi erenr s ' 3. 0tyi Type C 0 ed Ma Regist 0Insured 4. Rest ' '?, 0 a it 641 rm 387 7 Feb c 3 5 ncted i ?uan'2004 Domestic Retu PROOF OF SERVICE OF NOTICE OFA?F2r,t __m Receipt (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of rRc ) K1 COMMONWEALTH OF PENNSY?VA? 'M QS (SWORN) (AFFIRMED) AND SUBSCRI ED BEFORE ME THISl DAY O ign t e cial befo whom i vit was made Title of official My commission expires on 20 COUNTY OF C( DA) ? b ?.C c; ss AFFIDAVIT: I hereby (=5eveetr) (affirm) that I served la-YoYa a copy of the Notice of Appeal, Common Pleas' upon the District Justice designated there (date of serviccrJ_,. 20 by personal service ? by (certified) (registered) se er's receipt attached hereto, and upon the appellee, (name) Ch IX 5- ?, 5W 20 V2 L3 by personal service by (certified) (registered) mail, sender's receipt attached hereto. Agent of ces.) on on e of afant *1: VIM, ?ia COMMONWEALTH Of PENNSYLVANIA r COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM a ] , {Jr t1°' 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 Justine on the date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF O.J. 71 ADDRESS OF APPELLANT CITY SIAM : 4W CUM ._r DATE OF JUDG T IN THE CASE OF (PbWdl) kd (De%ndenf) J -5- , -. sl VS i , DOCKET No. SIGNATURE OF APPEt LANT OR ATTORNEY OR AGENT This block will be signed ONLY when this notation is required under Pa. If appefent was Clalmant (see Pa. R.C.P.D J. No. 1001(6) in action R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Sonshr? of PmOmw tuy or Dt" ( _ 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.R7 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 appellee(s), to fide a complaint in this appeal !Name of eppewee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Sl wiffe of &ppeUanf or 840mey oraQent RULE: To appellee(s) Name of aA*9# e(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: 20 Strokm of Prodwndwy or DeoWy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY oium -'rnov rn ixt cCDfl6t1 ({N ePPCI I Ft r.ni n - f:nPY TO BF SERVED ON WSTRICT 1(1STICE IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY David Feldgus 154 Rear Carlisle Springs Rd Carlisle, Pa. 17013 Plaintiff V. Louis Marc Fisher 3241 Levans Road Coplay,Pa.18037 And Vehicles Inc. C/O Louis M. Fisher President/Treasurer 3241 Levans Road Pa. 18037 Civil Action-Law -?? =M c t . Appeal From MDJ 09-2-02c? Docket No 47-2012 -- Docket no.?2- To: Louis Marc Fisher, And Vehicles Inc. Date of Notice: August 7, 2012 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE EITHER PERSO NALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIM SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN(10) DAYS FROM TH: DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE PROPERTY OR OTHER IMPORTANT' RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE LISTED BE THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CAN NOT 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 S. Bedford Street Carlisle, Pa. 17013 (717) 249-3166 Or Court Administrator's Office Cumberland County Courthouse 3`d floor Carlisle, Pa. 17013 240-6200 /- ? Ddhiel Pollock, 801 Sandbank Road Mount Holly Springs, Pa. 1-i IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY David Feldgus Civil Action-Law V Appeal from MDJ 09-2-02 Docket No. 47-2012 Louis Marc Fisher And Vehicles Inc. Docket No. 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 CAN NOT 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 South Bedford Street Carlisle, Pa. 17013 249-3166 Or Court Administrator's office Cumberland county Courthouse P Floor Carlisle, Pa. 17013 240-6200 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY David Feldgus 154 Rear Carlisle Springs Rd Carlisle, Pa. 17013 Plaintiff V. Louis Marc Fisher 3241 Levans Road Coplay, Pa. 18037 And Vehicles Inc. C/O Louis M. Fisher President/Treasurer 3241 Levans Road Coplay, Pa. 18037 Civil Action-Law Appeal From MDJ 09-2-02 Docket No 47-2012 Docket no. COMPLAINT And now here comes the Plaintiff, David Feldgus, by and through his attorney, Daniel Pollock, Esq., to file this complaint in law against Louis Marc Fisher, and his business, Vehicl Inc. for the reasons spelled out below. Parties 1. David Feldgus is an individual who currently resides at 154 Carlisle Springs Road, rear,' Carlisle Pa. 17013 2. Louis Marc Fisher is an individual who resides at 3241 Levans Road Coplay, Pa. 18037 3. Vehicles Inc. is a Pennsylvania recognized corporation with its principle place of business being located at 3241 Levans Road Coplay, Pa. 18037 Count 1 Count 1 Fraud 4. Paragraphs 1-3 are incorporated by reference as if written out in full 5. On February 11, 2012 Defendant Fisher Posted an advertisement on Facebook selling' 1991 Buick Roadmaster for $4,000. 6. Defendant Fisher claimed that this vehicle was in good condition based on the photos placed on Facebook 7. During the night of February 12, 2012 Defendant Fisher delivered vehicle to Plaintiff David Feldgus for the sum of $4,000 8. Upon the next morning when it was light enough to properly inspect the vehicle Mr. Feldgus found that the vehicle was not in the condition as advertised. 9. This inspection also showed that this vehicle could not pass Pa. Safety or Emissions inspections. 10. Upon discovering this material defects in the vehicle Mr. Feldgus demanded a refund his purchase price 11. Having failed to secure the return of his purchase price, Mr. Feldgus returned the 1 Buick Roadmaster to Vehicles Inc. and Louis Fisher on February 20, 2012 WHEREFORE Mr. Feldgus Prays that this Honorable Court Grant him a verdict in his favor for the cost of the vehicle, cost of pursuing this matter and reasonable attorney fees Count 2 Fraud 12. Paragraphs 1-11 are incorporated by reference as if written out in full. 13. Louis Fisher did not deliver a good Pennsylvania title to the 1991 Buick Roadmaster to David Feldgus. 14. Without a good title, Mr. Feldgus can not register this vehicle or show any incidents of ownership of this vehicle. 15. The title delivered to Mr. Feldgus was a New York State Title Issued on 10/03/2011 to William Quinones. 16. Mr. Feldgus is without knowledge as to whom Mr.Quinones is or if this is a validly transferred title to Louis Fisher.. 17.75 Pa.C.S.A. 1101 requires all motor vehicles to be titled in Pennsylvania in order to be registered in Pennsylvania 18. The 1991 Buick Roadmaster sold to David Feldgus By the Defendants did not comply with the statute requiring vehicles to be titled in Pennsylvania. Wherefore the Plaintiff claims that the sale of the 1991 Buick Roadmaster was done in fraudulent manner, making the transaction voidable on the part of David Feldgus and the plaintiff prays that this Honorable Court grant him a verdict for the cost of the vehicl cost of pursuing this matter, and any reasonable attorney fees. Respectfully Daniel Pollock, E Attorney for the plai David Felda 801 Sandbank Road #' Mount Holly Springs, Pa. 1701 Pa. Super. Id. 703' Phone and fax (717) 486-00: E-Mail Dbigdanpl,Aol.cc AFFIDAVIT OF SERVICE On August 7, 2012, I Daniel Pollock, Esq. did serve a copy of this notice by First Class Mail to the following parties: Louis Marc Fisher 3241 Levans Road Coplay, Pa. 18037 And Vehicles Inc. C/O Louis M. Fisher President/ Treasurer 3241 Levans Road Coplay, Pa. 18037 Re lly Daniel P61lock, Esq. 801 Sand Bank Road #18 Mount Holly Springs, Pa. 17065 Pa. Super Id. 70315 (717) 486-0030 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY David Feldgus 154 Rear Carlisle Springs Rd Carlisle, Pa. 17013 Plaintiff V. Louis Marc Fisher 3241 Levans Road Coplay,Pa.18037 And Vehicles Inc. C/O Louis M. Fisher President/Treasurer 3241 Levans Road Civil Action-Law Appeal From MDJ 09-2-02 Docket No 47-2012 w 3 t9o N -i Z r ' C r rt te ca SO v Docket no. 12-4042 C-) -v 4 C:) =m z? z z C r Coplay, Pa. 18037 PRAECIPE To the Prothonotary: Please Enter Judgment in the above captioned Matter in favor of the Plaintiff for failure to file an answer or response to Plaintiff's complaint within 20 days from service thereof, and assess damages as follows.. Damages $ 4,000 Cost of action $ 231 Attorney fees $ 700 Total amount of Judgment $ 4,931 I hereby certify that (1) the Defendant's address and the Plaintiffs address are as shown above and (2) that notice has been given in accordance with Rule 237.1, copy attached. ? /6. !5-0 Cas k 2?o28al?f? goh?e /tai/ecl, Re ecRollock, ed, Dansq. Attorn ey for the plaintiff David Feldgus Daniel Pollock, Esq. 801 Sandbank Road #18 Mount Holly Springs, Pa. 17065 Pa. Super Id. 70315 Phone and Fax (717) 486-0030 E-IMail Dbigdanl?(&..Aol.com Damaged are hereby assessed as indicated Date .3/ .2 01a Prothonotary AFFIDAVIT OF SERVICE On August 31, 2012, I Daniel Pollock, Esq. did serve a copy of this notice by First Class Mail to the following parties: Louis Marc Fisher 3241 Levans Road Coplay, Pa. 18037 And Vehicles Inc. C/O Louis M. Fisher President/ Treasurer 3241 Levans Road Coplay, Pa. 18037 Re ct lly Submitted, Daniel Pollock, Esq. 801 Sand Bank Road #18 Mount Holly Springs, Pa. 17065 Pa. Super Id. 70315 (717) 486-0030 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY David Feldgus 154 Rear Carlisle Springs Rd Carlisle, Pa. 17013 Plaintiff V. Louis Marc Fisher 3241 Levans Road Coplay,Pa.18037 And Vehicles Inc. C/O Louis M. Fisher President/Treasurer 3241 Levans Road Civil Action-Law M ? _ r71 C_ 3 C/ Y i •?? t-7 W? A Appeal From MDJ 09-2-02 X; ° F=r Docket No 47-2012 ` -° c, U Docket no. 2 ` a ?Z Coplay, Pa. 18037 To: Louis Marc Fisher, And Vehicles Inc. Date of Notice: August 7, 2012 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE EITHER PERSO NALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS S T FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN(10) DAYS FROM THE TE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE PROPERTY OR OTHER IMPORTANT FIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE LISTED BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CAN NOT 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 S. Bedford Street Carlisle, Pa. 17013 (717) 249-3166 Or Court Administrator's Office Cumberland County Courthouse 3'd floor Carlisle, Pa. 17013 240-6200 Daniel Pollock, Esq. 801 Sandbank Road #18 Mount Holly Springs, Pa. 17065 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY David Feldgus Civil Action-Law V Appeal from MDJ 09-2-02 Docket No. 47-2012 Louis Marc Fisher And Vehicles Inc. Docket No. 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 CAN NOT 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 South Bedford Street Carlisle, Pa. 17013 249-3166 Or Court Administrator's office Cumberland county Courthouse 3`d Floor Carlisle, Pa. 17013 240-6200 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY David Feldgus 154 Rear Carlisle Springs Rd. Civil Action-Law Carlisle, Pa. 17013 Plaintiff Appeal From MDJ 09-2-02 V. Docket No 47-2012 Louis Marc Fisher 3241 Levans Road Coplay, Pa. 18037 Docket no. And Vehicles Inc. : C/O Louis M. Fisher President/Treasurer 3241 Levans Road Coplay, Pa. 18037 COMPLAINT And now here comes the Plaintiff, David Feldgus, by and through his attorney, Daniel Pollock, F-sq., to file this complaint in law against Louis Marc Fisher, and his business, Vehicles Inc. for the reasons spelled out below. Parties 1. David Feldgus is an individual who currently resides at 154 Carlisle Springs Road, rear, Carlisle Pa. 17013 2. Louis Marc Fisher is an individual who resides at 3241 Levans Road Coplay, Pa. 18037 3. Vehicles Inc. is a Pennsylvania recognized corporation with its principle place of business being located at 3241 Levans Road Coplay, Pa. 18037 Count 1 Count 1 Fraud 4. Paragraphs 1-3 are incorporated by reference as if written out in full 5. On February 11, 2012 Defendant Fisher Posted an advertisement on Facebook selling a 11991 Buick Roadmaster for $4,000. 6. Defendant Fisher claimed that this vehicle was in good condition based on the photos placed on Facebook 7. During the night of February 12, 2012 Defendant Fisher delivered vehicle to Plaintiff David Feldgus for the sum of $4,000 8. Upon the next morning when it was light enough to properly inspect the vehicle Mr. Feldgus found that the vehicle was not in the condition as advertised. 9. This inspection also showed that this vehicle could not pass Pa. Safety or Emissions inspections. 10. Upon discovering this material defects in the vehicle Mr. Feldgus demanded a refund of his purchase price 11. Having failed to secure the return of his purchase price, Mr. Feldgus returned the 1991 Buick Roadmaster to Vehicles Inc. and Louis Fisher on February 20, 2012 WHEREFORE Mr. Feldgus Prays that this Honorable Court Grant him a verdict in his favor for the cost of the vehicle, cost of pursuing this matter and reasonable attorney fees Count 2 Fraud 12. Paragraphs 1-11 are incorporated by reference as if written out in full. 13. Louis Fisher did not deliver a good Pennsylvania title to the 1991 Buick Roadmaster to David Feldgus. 14. Without a good title, Mr. Feldgus can not register this vehicle or show any incidents of ownership of this vehicle. 15. The title delivered to Mr. Feldgus was a New York State Title Issued on 10/03/2011 to a William Quinones. 16. Mr. Feldgus is without knowledge as to whom Mr.Quinones is or if this is a validly transferred title to Louis Fisher.. 17. 75 Pa.C.S.A. 1101 requires all motor vehicles to be titled in Pennsylvania in order to be registered in Pennsylvania 18. The 1991 Buick Roadmaster sold to David Feldgus By the Defendants did not comply with the statute requiring vehicles to be titled in Pennsylvania. Wherefore the Plaintiff claims that the sale of the 1991 Buick Roadmaster was done in a fraudulent manner, making the transaction voidable on the part of David Feldgus and the plaintiff prays that this Honorable Court grant him a verdict for the cost of the vehicle, cost of pursuing this matter, and any reasonable attorney fees. Respectfully Submitted, Daniel Pollock, Esq. Attorney for the plaintiff David Feldguss 801 Sandbank Road #18 Mount Holly Springs, Pa. 17065 Pa. Super. Id. 70315 Phone and fax (717) 486-0030 E-Mail Dbigdanp@Aol.com AFFIDAVIT OF SERVICE On August 7, 2012, I Daniel Pollock, Esq. did serve a copy of this notice by First Class Mail to the following parties: Louis Marc Fisher 3241 Levans Road Coplay, Pa. 18037 And Vehicles Inc. C/O Louis M. Fisher President/ Treasurer 3241 Levans Road Coplay, Pa. 18037 80 and Bank Road #18 Mount Holly Springs, Pa. 17065 Pa. Super Id. 70315 (717) 486-0030 WRIT OF F,XECt1TION and/or ATTACHMENT COMNIONWEALTEI OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 12-4042 Civil CIVIL ACTION - L,AVv T(:) THE SHERIFF OF ~~~~~~ COUNTY: To satisfy the debt, interest and costs due DAVID M. FELDGUS Plaintiff (s) Prom LOUIS M. FISHER, VEHICLES INC., 3241 LEVANS ROAD, COPLAY, PA 1803' (1)You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL MOTOR VEHICLES FOUND IN HIS POSSESSION INCLUDING BUT NOT LIMIITED TO A 1993 BUICK ROADMASTER ST'ATIONWAGON, A FULL SIZE BLUL' AND WHITE CHEVY TRUCK, A MID SIZE ORANGE CHEVY TRUCK, A RED DODGE STRATUS, A SILVER CHEVY CITATION, A CHRYSLER 300, AN OLDER CHRYSLER 300, A BLACK VOLVO WAGON, A FORD EXPEDITION AS WELL AS ANY OTHER VEHICLES, \/EHICLE PARTS OR PERSONAL PROPERTY, INCLUDING MECHANICS TOOLS OFFICE EQUIPMENT, FOUND IN HIS POSSESSION . 12 i Yoi, are also directed to attach the property of the defenda.nt(s) not levied upon in the possession of B~ GARNISHEE(S) as follows: Ve1-~iC~~~S~~~, dr~012. PNC BANK- ANY RECEIPTS POSTED IN A BANK ACCOUNT TITLED IN LOUIS FISHER'S NAME, IN PNC BANK, N.A. -ACCOUNT NUMBER 2100865258 OR AN'P OTHER. ACCOUNT HE HAS WITH THIS BANK and to notify the garnishee(s) that: (a) an attachment has been issued; (bl the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering a.ny property of the defendant (s) or otherwise disposing thereof; t3 ! If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him!her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due 54,915.00 Interest Attv`s Comm ;% Atty Paid $2.50 COSTS - 5290.00 Plaintiff Paid $149.00 Date: 10/9/2012 (Sea(} L.L. $.50~ Due Prothy $2.25 Other Costs ATTY'S FEIE - $200.00 - r ,,~ _ / ~~~-~'~- ti,., David D.nBuell. Prothonotary ~/ R'---:--~~ _ <'F Deputy E~}:QUES ~'iNG PARTY: Namc :DANIEL POLLOCK, ESQUIRE Address: 801 SANDBANK ROAD #18 tiIOUNT HOLLY SPRINGS, PA 17065 Attorney for: PLAiI~fTIFF Celephone 717-~86-0030 Supreme ('ourt ID No. 70315 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. PRAECIPE FOR A WRIT OF EXECUTION David M. Feldgus 154 Rear Spring Road Carlisle Pa. 17013 Plaintiff V. Louis ~7. Fisher Vehicles Inc. 3241 Levans Road Coplay Pa. 18037 Defendant File No.: 2012-4042 ,,. r `~. Amount Due: $4,915 ~ ~~' ' ~~ Interest: ~ ~ . ~~,~ Atty's fee. X200 ~' ~,, Costs $290 TO THE PROTHC-NOTARY OF 'THE SAID COURT The undersigned hereby certifies that the belo~N does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it ~~~~oes, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to act 6 of 1974 as amended. Issue writ of execution in the above matter to the sheriff of Lehigh Count}~. for debt, interest and costs, upon the following described property of the defendant: Anv and all motor vehicles found in his possession including but not limited to a U 993 Buick roadmaster stationwagion, a full size blue and white chewy truck, a mid size orange Chevy truck, a red Dodge stratus, a silver Chevy citation, a Chrysler 300, an older Chrysler 300 , a black Volvo wagon, a Ford expeiditan as well as any other vehicles. vehicle parts or personal property, including mechanics tools office equipment. found in his possession. ~ t , S ~I~' ~ ~.V 21n. , ~ .. Also any rc,ceipts posted in a bank account titled in Louis Fisher's name in PNC BANK, I.A. account number 2100865258 or any other account he has with this bank Date ~,~~~ ~ ~' ~' ~, Signature ~~~ ~a~~ s`~~ ~i~G- o3.SU C~ I~ S~ I°" a,aS~~ ~ ~ so t/~ ~. ~as~, ,~,~ ag,~ ,6 a Uamel Yolloch, ~,sq. 8~~01 Sandbank Road #18 Mount Holly Springs, Pa. 17065 Attorney For: David Felgus 'Telephone # (717) 486-0030 Supreme Court IIy. 70315 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUN'CY David M. Feldgus 1 ~4 Rear Spring Read Carlisle, Pa. 17013 Plaintiff "V . Louis M. Fisher Vehicles Inc. 3241 Levans Road Coplay. Pa. 18037 Defendant WRIT OF EXECUTION NOTICE This paper i_s a Writ of Execution. It has been issued because there is a judgment against you. It may cause your property to be held or taken away to pay the judgment. You ma}~ have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights .you must act promptly. The law provides that certain property cannot be taken. Such property is said to be exempt. There is a debtor's exemption of $300. There are other exemptions which may be applicable to you. Attached is a summary of some of the major exemptions. ~'cnc may have other exemptions or other rights. If you have an exemption, you should do the following promptly: (1) Fill out the attached claim form and demand for a prompt hearing;. (2) Deliver the form or mail it to the Sheriffs Office at the address noted ~'ou should come to court ready to explain your exemption. If you do not come to court and prove your exemption, you may lose some of your property. `r'OU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NO"C HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET Fc)RTH BELOW'. THIS OFFICE CAN PROVIDE YOUWITH INFORMATION ABOUT HIRING A LAW~'F,R. IF YOU CANNOT AFFORD TO HIRE A LAWYER THL3 OFFICE M~^,.Y BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA."F OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE C)R NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE PA. 17013 (717) 249-3166 WRIT OF EXECUTION Commonwealth of Pennsylvania County of Cumberland To the Sheriff of Lehigh County: To satisfy the judgment, interest, and costs against Louis M. Fisher., Vehicles Inc... defendants. 1-ou are directed to levy upon the property of the defendant and to sell his interest therein Amount Dl~e:$4,915 Interest from 8/31/12 $ Costs $490 Prothonotary By f deputy) (seal ) MAJOR EXEI'VIPTIONS UNDER PENNSYLVANIA AND ]FEDERAL L,AN' I, $300 SZ,ATUTORY EXEMPTION 2. Bibles. School Books, Sewing Machines, Uniforms, and Equipment 3. Most wages and unemployment compensation 4. Social Security ~~enefits 5. (._'ertain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Sucl-~ other exemptions as may be provided by Iaw. IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUN'CY David M, Feldgus 154 Rear Spring Road Carlisle, Pa. 17013 Plaintiff V. Louis M. Fisher Vehicles lnc. 3241 Le~~ans Road Coplay Pa. 18037 Defendant CLAIM FOR EXEMPTION To the Sheriff: I. the above- named defendant, claim exemption of propert}% from levy or attachment: 1. From my personal property in my possession which has been levied upon. (a) I desire that my $300 statutory exemption be (i) set aside in kind in the following personal property (ii) paid in cash following the sale of the property levied upon (b) I claim the following exemptions for the followiing property I request a prompt court hearing to determine the exemption. Notice of tl~ie hearing should be given to me at the following address: Phone Number I verify that the statements made in this Claim for Exemptions are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date THIS CLAIM IS TO BE FILEIJ WITH THE OFFICE OF THE SHERIFF OF LEHIGH COUNTY Lehigh County Sheriff's office Lehigh County Court House 455 W. HAMILTON STREET Allentown, Pa. 171 O1 (717)780-6590 Defendant IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUN~CY David M. Feldgus :File No. 1 ~4 rear Spring Road Carlisle, Pa. 17013 Plaintiff ~' Louis 1~L ~ fisher Vehicles Inc. : 4271 Levans Road Coplay. Pa 18037 : Defendant TO the Sheriff of Lehigh County Please follow through with the sale of personal property which yo~.i have levied upon for the above captioned matter ,r``" " ~~ ' ~/ ~ ,~ --~-~- Date ~ Daniel Pollock, Esq. Attorney for the Plaintiff SIRLIN LESSER & BENSON, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (21.5) 864-9700 Attorney for Garnishee ~~,' .' ~ , . ........ ~. ~, - .a 3 ~ ,.. e. ,, -, A~. t S-. ~ ~.~°~ iii 1d ~....`°~ f". h~~ I ,~~. DAVID M. FELDGUS :COURT OF COMMON PLEAS vs. :COUNTY OF CUMBERLAND LOUIS M. FISHER, VEHICLES INC. NO. 12-4042 and PNC BANK GARNISHEE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of PNC Bank, Garnishee, in the above-captioned matter. Date: ~~~~ ~~' SIRLIN LESSER & BENSON, P.C. By: Jon C. Sirlin, Esquire Identification No.: 17498 123 South Broad Street, Suite 2100 Philadelphia, PA 19109 (215) 864-9700 Attorney for Garnishee DAVID M. FELDGUS vs. LOUIS M. FISHER, VEHICLES INC and I , __ i ~~ k ~, ~ ., ~„ 3~IS ref 11.`~Q`/11) ~• COURT OF COMMON PLEAS COUNTY OF CUMBERLAND NO. 12-4042 PNC BANK GARNISHEE ANSWERS TO INTERROGATORIES IN ATTACHMENT TO: DAVID M. FELDGUS, Plaintiff 1. No. 2. Account titled Louis M. Fisher, an account title Vehicle's Inc., an account titled Vehicle S Inc., L.LF Funds and an account titled Vehicle S Inc. have been restricted pursuant to this Writ. Pursuant to the terms and conditions of the deposit agreement between the bank and the depositor, the bank claims a priority lien in, and a right of set-off against the account consisting of $100.00 Legal Processing Charge. Pursuant to 42 Pa.C.S.A. Section 2503, a garnishee's attorney fee in the minimum amount of $350.00 is authorized and will be deducted from the attached funds. After allowing for the general monetary exemption under 42 Pa.C.S. § 8123 and after the deductions set forth above garnishee admits to holding a balance of $6,487.59. 3. - 6. No. 7. (Q) If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? (A) No. 8. (Q) If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? (A) No. Dated: ~\~~1' . VERIFICATION The undersigned hereby verifies that I am an authorized representative of PNC Bank, N.A.; that the statements made in the foregoing Answers to Interrogatories are true and correct to the best of my knowledge, information and belief and that these statements are made subject to the penalties of 18Pa. C.S. x4904, relating to unswain falsification to authorities. RE: David M Feidgus vs. Louis M Fisher, Vehicles inc' DOCKET NO 2012-N-1589 Theresa A Dusch Team Lead, Garnislunent Pro_cessina Position DATE: November 15, 2012 L,it-23 X946.1