HomeMy WebLinkAbout13-0132COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of FROM
Cumberland MAGISTERIAL DISTRICT JUDGEjJ2UDGMENT
COMMON PLEAS No. ~3 "'" / J z ~ U ~ L
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District
Judge on the date and in the case referenced below.
Lori Johnson
Honorable Paula P. Correal
5220 East Trindle Road Mechanicsburg PA 17050
r1GTL f1G II IMEAFf~IT ~i~ Tug Weer r~r .rv_._..m _.
12/18/12 I Damian Kopec _ I Sri . +t~ih„snn 1
MJ-09304-CV-0000366-2012
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10086.
This Notice of Appeal, when received by the Magisterial District Judge, will
operate as a SUPERSEDERS to the judgment for possession in this case.
Pa. R. C. P. D. J. No. 1001(6) in
before a Magisterial District Judge, A COMPLAINT MUST BE FILED
within twenty
(20) days after feting the NOTICE of APPEAL.
Signafu2 of Pmtlronotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R. C.P. D.J. No. 1001(7) in action before Magisterial Districf
Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon Damian Kopec
appellee(s), to file a complaint in this appeal
Name of appeflee(s)
(Common Pleas No.' 3 ~ , ,~j ~ C, ~, r! )within twenty (20) days after a ntry of judgment of non pros.
v
Signatu f appellant or attorney or agent
RULE: To Damian Kopec
Name of appellees)
appellees)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you 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: (f~~ 20 3 ~i ~~H~~__~ - ~
~f ~~~~~~~ ~#„t~~~l"~~~n~ Signature ofPiothonoaryorDeputy
YOU MUST INCLUDE A Cli<'~DP~11iiL~"Ndfif~E OF -rUDGMENT/T~ANSCRIPT ~OI#M WI'f'~THIS NOTICE OF APPEAL.
l )1~;, c;~~o~i~~~ 3~~- ~~~ ~ rb3.s~Pd~-{~~
~~ ~,2gs'b rTs
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil
Case
Mag. Dist. No: MDJ-09-3-04
MDJ Name: Honorable Paula P. Correal
Address: 5275 East Trindle Road
Suite 110
Mechanicsburg, PA 17050
Telephone: 717-697-2201
Shane Brien Kope, Esq.
Kope & Associates LLC
395 St Johns Church Rd Ste 101
Camp Hill, PA 17011
Damian Kopec
v.
Lori Johnson
Docket No: MJ-09304-CV-0000366-2012
Case Filed: 10/18/2012
_.
Disposition Summary. - -
D e N Plain 'ff
MJ-09304-CV-0000366-2012 Damian Kopec D f n nt i i
- Lori Johnson Dispo-- sition D,~~g
Default Judgment for Plaintiff
Judgment Summary _ _ _ _ 1v18/2o1z
Participant _ _ _ __ _.
Jomt/Several Li bili*~~
Damian Kopec Individual Liabili
-
Lori Johnson $0.00
$0.00 Amount
$0.00
Judgment Detail ~"PostJud $502.50 $0.00
$502
50
gment) .
In the matter of Damian Kopec vs. Lori Johnson on 12/18/201
Judgment Component Joint/Several Liabili 2 the judgment was awarded as follows:
Civil Judgment
$0
00 Individual Liabi `lily Deposit Annlied
Amount
.
Filing Fees $425.00
Costs $0.00 $71.50 $425.00
$0.00 $6.00 $71.50
$6.00
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 GOMMQN PLEAS qND NO FURTuER PROCESS I'~lAY i3E iSSi1Eu o ti THE iriAGiS T ERiAL 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.
r~ll~ o Pri
l • ~~''``'' ~g s
.. f : ~ ./
Date Senior Magisterial District Judge Paula P. Correal ,,,~,~, ~
certi that t is is a true an correct copy o t e recor o t e procee rngs containipg~t a 1u gment. ~~ ' ~~'~
~,.~"*' '
Date Magisterial District Judge ~ ~ ~~
MDJS 315
Page 1 of 2
Printed: 12/18/2012 3:46:18PM
r
Damian Kopec
v.
Lori Johnson
Private(s)
Shane Brien Kope, Esq.
Kope & Associates LLC
395 St Johns Church Rd Ste 101
Camp Hill, PA 17011
Plaintiff(s)
Damian Kopec
6105 Westover Drive
Mechanicsburg, PA 17050
Defendant(s)
Lori Johnson
C/O Molly's Place Rescue
5220 East Trindle Road
Mechanicsburg, PA 17050
Participant List
Docket No.: MJ-09304-CV-0000366-2012
MDJS 315
Page 2 of 2
Printed: 12/18/2012 3:46:18PM
C
00
M � Ys
C 'i:7
KOPE &ASSOCIATES, LLC
BY: JOSEPH M. GAVAZZI, ESQ.
M
Attorney ID 207980 r3
395 Saint Johns Church Road,Suite 101
Camp Hill, PA 17011
(717) 761-7573
jgavazzi @kopelaw.com Attorney for Defendant
DAMIAN KOPEC, : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY
PENNSYLVANIA
V. : CIVIL ACTION- LAW
LORI JOHNSON, : NO. 2013 - 132
Defendant.
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please kindly enter my appearance on behalf of Lori Johnson, Defendant in the
above-captioned civil matter.
_ S/da�i3
DATE JOSEP . GA AZZI, E
395 St. Johns Church Road, Suite 101
Camp Hill, PA 17011
Supreme Court ID# 207980
CERTIFICATE OF SERVICE
I,Joseph M. Gavazzi, Esquire, do hereby certify that on this 20th day of May, 2013, I
served a true and correct copy of the foregoing Praecipe for Entry of Appearance via first
Class mail, postage prepaid, addressed as follows:
Damian Kopec
6105 Westover Drive
Mechanicsburg, PA 17050
Plaintiff, Pro Se
KOPE &ASSOCIATES, LLC
JOS GAVAZZI, ESQ.
395 St. Johns Church Road, Suite 101
Camp Hill, PA 17011
(717) 761-7573
ID 207980
Attorney for Defendant
T1
rT-,
KOPE &ASSOCIATES,LLC
BY: JOSEPH M. GAVAZZI,ESQ.
Attorney ID 207980
395 Saint Johns Church Road,Suite 101
Camp Hill,PA 17011
(717) 761-7573
jgavazzi@kopelaw.com Attorney for Defendant
DAMIAN KOPEC, : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY
: PENNSYLVANIA
V. CIVIL ACTION- LAW
LORI JOHNSON, NO. 2013 -132
Defendant.
DEFENDANT'S PRELIMINARY OBJECTIONS
TO PLAINTIFFS COMPLAINT
AND NOW, comes the Defendant, Lori Johnson, by and through her attorney,
Joseph M. Gavazzi, Esquire, and files the following Preliminary Objections to Plaintiff's
Complaint, and in support thereof avers the following:
1. On or about January 25, 2013, Plaintiff filed a Complaint in Civil Action
against Lori Johnson, in the form of an improper letter to the Judges of the Court of
Common Pleas of Cumberland County dated January 22, 2013, a copy of which is
attached hereto as Exhibit"A."
2. On May 16, 2013, undersigned counsel received via certified mail a letter
from Plaintiff, also in the form of a letter to the Judges of the Court of Common Pleas of
Cumberland County dated May 15, 2013, seeking a default judgment against the above-
named Defendant due to her failure to file an Answer with the Cumberland County
Prothonotary's Office in response to the aforementioned Complaint letter. A copy of
that"default letter" is attached hereto as Exhibit"B."
3. The "default letter" does not comply with any of the applicable Rules of
Civil Procedure regarding a Plaintiff seeking a default judgment against a Defendant in
a civil action, nor has it been properly filed and time-stamped with the Cumberland
County Prothonotary's Office as of the time of the drafting of this document.
Motion to strike Complaint due to Plaintiff's lack of caRaci!y to sue because he
is not a real party in interest
4. Pursuant to Pa.R.C.P. 1028(a)(5), any party to an action may file
preliminary objections to a Complaint due to lack of capacity to sue, nonjoinder of a
necessary party or misjoinder of a cause of action.
5. Pursuant to Pa.R.C.P. 1028(a)(2), any party to an action may file
preliminary objections to a Complaint for failure of that pleading to conform to law or
rule of court.
6. Pursuant to Pa.R.C.P. 2002(a), all actions shall be prosecuted by and in the
name of the real party in interest.
7. Pursuant to Pa.R.C.P. 2002(b)(2), a plaintiff may sue in his or her own
name without joining as plaintiff or use-plaintiff any person beneficially interested
2
when such plaintiff is a person with whom or in whose name a contract has been made
for the benefit of another.
8. In the instant matter where Plaintiff seems to be alleging some type of
breach of contract on the part of the Defendant, the written contractual agreement
apparently in dispute for the purchase of a dog from Defendant was not between the
above-captioned parties, but rather was an agreement between the above-captioned
Defendant and the above-captioned Plaintiff's adult son, David Kopec.
9. A copy of the contractual agreement in question, attached hereto as
Exhibit "*C," is repeatedly initialed throughout and twice signed by David Kopec, an
adult individual, not by the above-named Plaintiff.
WHEREFORE, in accordance with Rule 1028(a)(5) and Rule 1028(a)(2) of the
Pennsylvania Rules of Civil Procedure, Lori Johnson hereby respectfully requests that
this Honorable Court enter an Order dismissing Plaintiff's Complaint in its entirety for
failing to conform to law or rule of court requiring the named Plaintiff to be areal party
in interest.
Motion to strike Complaint for failing to conform to applicable law or rule of
court requiring a proper case caption
10. Pursuant to Pa.R.C.P. 1028(a)(2), any party to an action may file
preliminary objections to a Complaint for failure of that pleading to conform to law or
rule of court.
3
11. Pursuant to Pa.R.C.P. 1018, every pleading shall contain a caption setting
forth the name of the court, the number of the action and the name of the pleading;
further, the caption of a complaint shall set forth the form of the action and the names of
all the parties.
12. Pursuant to the 'Note' following Pa.R.C.P., 1018, civil actions and
proceedings shall be captioned "Court of Common Pleas of County - Civil
Action" or other appropriate form of action.
13. Plaintiffs improper complaint submitted in the form of a letter to the
Court does not contain a proper caption, and nowhere does it contain: the phrase
"Court of Common Pleas of Cumberland County," the phrase "Civil Action," the
proper number of the action, the proper name of the pleading, or even the names of the
parties thereto.
WHEREFORE, in accordance with Rule 1028(a)(2) of the Pennsylvania Rules of
Civil Procedure, Lori Johnson hereby respectfully requests that this Honorable Court
enter an Order dismissing Plaintiff's Complaint in its entirety for failing to conform to
law or rule of court requiring a proper case caption.
Motion to strike Complaint for failing to conform to applicable law or rule of
court requiring it to include a proper Notice to Defend
14. Pursuant to Pa.R.C.P. 1028(a)(2), any party to an action may file
preliminary objections to a Complaint for failure of that pleading to conform to law or
rule of court.
4
15. Pursuant to Pa.R.C.P. 1018.1, every complaint filed by a plaintiff shall
begin with a notice to defend, and if it fails to do so, no responsive pleading by
Defendant need be filed, per Pa.R.C.P. 1026.
16. Plaintiff in the instant matter has failed to include a Notice to Defend in
the proper form as prescribed by the applicable Rules of Civil Procedure in his
improper Complaint,which was submitted in the form of a letter to the Court.
WHEREFORE, in accordance with Rule 1028(a)(2) of the Pennsylvania Rules of
Civil Procedure, Lori Johnson hereby respectfully requests that this Honorable Court
enter an Order dismissing Plaintiff's Complaint in its entirety for failing to conform to
law or rule of court requiring the inclusion of a Notice to Defend directed to Defendant.
Motion to strike Complaint for failing to conform to applicable law or rule of
court requiring the attachment of the written agreement in dispute
17. Pursuant to Pa.R.C.P. 1028(a)(2), any party to an action may file
preliminary objections to a Complaint for failure of that pleading to conform to law or
rule of court.
18. Pursuant to Pa.R.C.P. 1019(h) and the 'Note' thereto, when any claim or
defense is based upon an agreement, the pleading shall state specifically if the
agreement is written or oral,and an agreement in writing must be attached thereto.
19. Pursuant to Pa.R.C.P. 1019(1), when any claim or defense is based upon a
writing, the pleader shall attach a copy of the writing, the material part thereof, or if it is
5
not accessible to the pleader it shall so state, along with the reason for its absence and
the relevant substance thereof.
20. In his improper Complaint submitted in the form of a letter to the Court,
Plaintiff makes only vague reference to the agreement in dispute, does not specify that
it is in fact a written agreement as opposed to an oral one, and does not attach a copy
thereof or explain why it is not attached.
WHEREFORE, in accordance with Rule 1028(a)(2) of the Pennsylvania Rules of
Civil Procedure, Lori Johnson hereby respectfully requests that this Honorable Court
enter an Order dismissing Plaintiffs Complaint in its entirety for failing to conform to
law or rule of court requiring the attachment of the written agreement in dispute to
Plaintiff's Complaint, and also any required accompanying explanation.
Motion to strike Complaint for failing to conform to applicable law or rule of
court requiring consecutively numbered paragraphs
21. Pursuant to Pa.R.C.P. 1028(a)(2), any party to an action may file
preliminary objections to a Complaint for failure of that pleading to conform to law or
rule of court.
22. Pursuant to Pa.R.C.P. 1022, every pleading shall be divided into
paragraphs numbered consecutively where each paragraph contains as far as
practicable only one material allegation.
6
23. Plaintiff's Complaint contains no numbered paragraph averments, rather
it is improperly typed and submitted in the form of a letter to the Court, the vast
majority of which is situated into one extremely large paragraph.
WHEREFORE, in accordance with Rule 1028(a)(2) of the Pennsylvania Rules of
Civil Procedure, Lori Johnson hereby respectfully requests that this Honorable Court
enter an Order dismissing Plaintiff's Complaint in its entirety for failing to conform to
law or rule of court requiring consecutively numbered paragraph averments.
Motion to strike Complaint for inclusion of scandalous or impertinent matters
24. Pursuant to Pa.R.C.P. 1028(a)(2), any party to an action may file
preliminary objections to a Complaint for failure of that pleading to conform to law or
rule of court, or for its inclusion of scandalous or impertinent matter(s).
25. The Commonwealth Court of Pennsylvania has long held that "[t]o be
scandalous and impertinent, a complaint's allegations must be immaterial and
inappropriate to the proof of the cause of action." Commw. Department of Environmental
Resources v. Peggs Run Coal Co., 55 Pa. Commw. 312,320,423 A.2d 765, 769 (1980).
26. Pursuant to Pa.R.C.P.D.J. No. Rule 1007, a civil action that was initiated
before a Magisterial District Court shall proceed on appeal to the Court of Common
Pleas de novo as if the action was initially commenced in that court.
27. Further, the de novo proceeding on appeal in this instance acts to stay the
lower court's judgment, and does not extend to the Court of Common Pleas jurisdiction
7
to open the prior judgment of the Magisterial District Court. See Anderson v. Centennial
Homes, Inc., 406 Pa. Super. 513, 518-19 (1991).
28. Therefore, Plaintiff's inappropriate inclusion of the underlying Magisterial
District Court's prior hearing and judgment in this matter is impertinent because it is
irrelevant and immaterial to the proof of the cause of action herein, and fails to conform
to the applicable Rules of Civil Procedure.
29. Further, Plaintiff's inappropriate inclusion in its Complaint letter of
libelous claims about Defendant - the untruthful allegation that Defendant encouraged
Plaintiff to commit insurance fraud by opening a pet insurance policy on the animal in
question under false pretenses, the untruthful allegation that Defendant"had suggested
this same behavior to others who had purchased dogs in this litter and probably many
other pets," or the untruthful allegation that Defendant had "fraudulently obtained" the
contract with Plaintiff's adult son - are all extremely inappropriate, irrelevant, and
immaterial to the proof of the cause of action herein.
30. The Commonwealth Court of Pennsylvania has also held that"the right of
a court to strike impertinent matter should be sparingly exercised and' only when a
party can affirmatively show prejudice." Commonwealth, Dep't of Envtl. Res. v.
Hartford Accident and Indem. Co.,40 Pa. Commw. 133, 138,396 A.2d 885,888 (1979).
31. Defendant, Ms. Johnson, has clearly been prejudiced in this matter by
Plaintiff's inclusion of irrelevant information regarding the lower court's ruling in this
8
de novo proceeding, and moreover by his inclusion of the blatantly improper and
libelous allegations discussed above, because such things could only be meant to
prejudice Ms. Johnson in the instant action by seeking to improperly sway the finder of
fact in Plaintiff's direction at the earliest stage of this action by attempting to show first
that a separate judicial body has already heard and reviewed relevant evidence on the
matter and made a judgment determination in Plaintiff's favor against Ms. Johnson, and
second to gain favor with the Court by tainting the Court's opinion of Ms. Johnson's
character through vicious lies and false accusations about her.
WHEREFORE, in accordance with Rule 1028(a)(2) of the Pennsylvania Rules of
Civil Procedure, Lori Johnson hereby respectfully requests that this Honorable Court
enter an Order dismissing Plaintiff's Complaint in its entirety for failing to conform to
law or rule of court prohibiting the inclusion of scandalous or impertinent matters.
Motion to strike Complaint due to its legal insufficiency
32. Pursuant to Pa.R.C.P. 1028(a)(4), any party to an action may file
preliminary objections to a Complaint due to that pleading's legal insufficiency.
33. Defendant respectfully submits to This Honorable Court that Plaintiff's
Complaint, submitted as a letter to the Court, should be deemed legally insufficient due
to the multitude of defects and violations aforementioned, but most notably because the
named Plaintiff was not even a party to the disputed contractual agreement with
Defendant.
9
WHEREFORE, in accordance with Rule 1028 of the Pennsylvania Rules of Civil
Procedure, Lori Johnson hereby respectfully requests that this Honorable Court enter an
Order dismissing Plaintiff's Complaint in its entirety with prejudice for failing in nearly
every possible way to comply with the applicable Rules of Civil Procedure.
Respectfully Submitted,
KOPE AND ASSOCIATES,LLC
JOSEPH M. GAVAZZI, ESQ.
Date: May 20, 2013
10
EXHIBIT A
4
January 22,2013
To: The Prothonotary
Cumberland County Courthouse
Suite 100
Courthouse Square
Carlisle,PA 17013
Subject: Complaint to"Notice of Appeal",Common Pleas No. 13-132,
Docket#MJ-09304-CV-0000366-2012
Reference: See attached"Notice of Judgment/Transcript Civil Case"and"Notice of Appeal"
Dear Your Honor:
I apologize if this document is not in the appropriate format but, after several Web searches and phone
calls, I was unable to find any applicable form(s) and/or guidelines for filing a complaint against the
attached "Notice of Appeal". I hope this letter will suffice in meeting my legal requirement to file such
complaint.
My reasons for filing this complaint are as follows:
My wife and I purchased a dog for our son from Ms. Lori Johnson, proprietor of Molly's Place Rescue,
on 6/30/2012 and provided a $100 deposit, but couldn't take the dog home because it required neutering
which was to be done the following Thursday. We were to pick up the dog on Saturday, 7/6/2012, but
Ms.Johnson called us and our son several times on Friday, 7/5/2012, insisting he allow her to fax him her
contract at his workplace, sign it and fax it back, and that I provide my Visa number so she could charge
the additional $325. I told her I would provide my Visa when we picked up the dog the next day but she
kept insisting I give her the card number and even kept calling our son at work after we had
repeatedly asked her not to as he was new on the job...he finally did the contract and I finally gave her
the Visa number to get her to stop calling him. We went to pick up the dog on Saturday and noticed the
dog was missing quite a bit of hair between its eyes and asked why that was and only then did she tell us
the dog(as well as all the dogs from that litter,one of whom had to be quarantined because it was so bad)
had a highly contagious disease to both other pets and humans called "Mange". I told Ms. Johnson that
was a great concern to us as my wife had a very bad experience with this disease when she was young and
we were also concerned about the cost to treat the illness. Ms. Johnson then told us to immediately get
pet insurance and not reveal that the dog had this pre-existing condition—the dog had already had two
treatments according to a form she showed us(she did not give us a copy)but required further treatment.
I informed Ms. Johnson that I would in no way commit insurance fraud. (Note: I filed a complaint with
the Pet Insurance Company as I am sure Ms.Johnson had suggested this same behavior to others who had
purchased dogs in this litter and probably many other pets). However, she said she would not refund our
money because our son had signed the contract which we told her he would never have done had she
revealed the dog's medical problems prior to his signing nor would we have allowed her to charge our
Visa. We took the dog home as we felt we had no other choice but the poor thing vomited and had
diarrhea the entire night, so we brought him back to the shelter the minute her business opened the next
day(in accordance with her contract that mandates the dog be returned to her,preventing us from
either giving it away or reselling it). Again, we asked that our money be refunded as we felt the
contract had been fraudulently obtained and our son was in no position to stay home and care for a sick
dog as he is employed full-time, nor could he afford the medical costs that would have resulted from
providing proper care for this poor animal.
In addition,the following issues were reviewed by Judge Correal in Magisterial District Court:
1. although Ms. Johnson had our son initial every single item(of which there were many and all to
her benefit)on her 3-page contract,there was nothing in the contract that mentioned the dog had a
pre-existing medical condition nor that reflected my son's agreement that he had been informed
and had accepted such condition;
2. although Ms. Johnson testified under oath that the dog had completed its full treatment and was
disease-free on the date we purchased it, she did not produce any documentation in court attesting
to that fact (I would ask that as part of her appeal, Ms. Johnson be asked to produce notarized
documentation of the dates the dog received treatment(s), the date on which he was declared
disease-free;and certification that the disease would not recur); and
3. when asked by Judge Correal as to the current whereabouts of the dog,Ms.Johnson stated
the dog had been re-sold for another$425.00. As such,Ms.Johnson suffered no financial
loss as a result of us returning the dog.
Based upon the above,the fact that the contract was in place less than 24 hours,and that Ms.Johnson did
not fully disclose the dog's condition, I feel Ms. Johnson's appeal is not valid and she should refund the
$425 1 paid for the dog plus my court costs of$71.50 per Judge Correal's decision as set forth in the
attached"Notice of Judgment".
If this format for complaint is not acceptable to the court or if additional information is required, please
contact me via email: theko_pecsgyahoo.com, by mail at 6105 Westover Drive, Mechanicsburg, PA
17050,or by phone at 717-503-5422.
Thank you for your attention to this matter.
Sincerely yours,
Damian P.Kopec
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE.OF APPEAL
Judicial District, County Of FROM
Cumberland MAGISTERIAL DISTRICT JUDGE/ JUDGMENT
COMMON PLEAS No. /3 — 13 02
NOTICE OF APPEAL
Notice is given that the appellant has filed in thg above Court of Common Pleas an appeal from the judgment rendered by the Magisterial District
Judge on the date and in the case referenced below.
NAME OF APPELLANT MAG.DIST.NO. NAME OF MDJ
Lori Johnson 09-3-04 Honorable Paula P. Correal
ADDRESS OF APPELLANT CITY STATE ZIP CODE
5220 East Trindle Road Mechanicsburg PA 17050
DATE OF JUDGMENT IN THE CASE OF(PlaintiM (Defendant)'
12/18/12 Damian Kopec
)ri son
DOCKET No. i IGNATURE OF APPELLANT TO&KEY OR AGENT
i
MJ-09304-CV-0000366-2012
This block will be signed ONLY when this notation is required under Pa. If appella a Pa. R,C.P.D.J. No. 1001(6) in action
R.C.P.D.J.No. 10088.
This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED
operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty
(20)days after filing the NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT(see Pa.R.C.P.D.J. No. 1001(7) in action before Magisterial District
Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon Damian Kopec appellee(s),to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. j— 13 )within twenty(20)days after service e ntry of judgment of non pros.
Signafu of appellant or attorney or agent
RULE: To Damian Kopec appellee(s)
Name of appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20)days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time,a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: 2d3 y �'n1PnIt1A}IA�.rS.NN3c3F/}
Sl1�s �. p���ra`� Signature of Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF THE.NOT C F UDPMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
�1.41: -r �.I.3
AOPC 312-05
COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil
COUNTY OF CUMBERLAND Case
r
Mag. Dist. No: MDJ-09-3-04 Damian- Kopec
MDJ Name: Honorable Paula P. Correll V
.Address: 5275 East Trindle Road
Lori Johnson
Suite 110
Mechanicsburg, PA 1705b-
Telephone: 717-697-2201
Shane Brien Kope, Esq.
Kope&Associates LLC
Docket No: MJ-09304-CV-0000366-2012
�
395 St Johns Church Rd Ste 101 Case Filed: 10/18/2012
Camp Hill, PA 17011
Disposition Summary
Docket No Plaintiff Defendant Disposition Disposition Date
MJ-09304-CV-0000366-2012 Damian Kopec Lori Johnson Default Judgment for Plaintiff 12118/2012
Judgment Summary
Participant Joint/Several Liability Individual Liability -Amount
Damian Kopec $0.00 $0.00 $0.00
Lori Johnson $0.00 $502.50. $502.50
_ Judgment Detail ("Post Judgment)
In the matter of Damian Kopec vs. Lori Johnson on 12/18/2012 the judgment was awarded as follows:
Judgment Component Joint/Several Liability Individual Liability Deposit ADDlied Amount
Civil Judgment $0.00 $425.00 $425.00
Filing Fees $0.00 $71.50 $71.50
Costs $0.00 $6.00
$6.00
Grand Total: $502.50
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
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 BUDGE.
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.
el
1 /
Date Senior Magisterial District Judge Paula P.Correal v
I certify that this is a true and correct copy of the record o t e proceedings containing the'judgment.-
Date Magisterial District Judge .
MDJS 315 Page 1 of 2 Printed:12/18/2012 3:46:18PM
Damian Kopec Docket No.: MJ-09304-CV-0000366-2012 '
V.
Lori Johnson
Participant List
Private(§)
Shane Brien Kope, Esq.
Kope&Associates LLC
395 St Johns Church Rd Ste 101
Camp Hill, PA 17011
Plaintiff(s)
e. Damian%Kopec -
6105 Westover Drive
Mechanicsburg, PA 17050
Defendant(s)
Lori Johnson
C/O Molly's Place Rescue
5220 East Trindle Road
Mechanicsburg, PA 17050
J d
MDJS 315 Page 2 of 2 Printed: 12/18/2012 3:46:18PM
EXHIBIT B
May 15, 2013
To: The Prothonotary
Cumberland County Courthouse
Suite 100
Courthouse Square
Carlisle, PA 17013
Subject: Request for"Default Judgment"or"Hearing"
Damian Kopec vs. Lori Johnson (original complaint filed on 10/18/2012)
Common Pleas No. 13-132
Docket#MJ-09304-CV-0000366-2012
Reference: See file for"Notice of Judgment/Transcript Civil Case", "Notice of Appeal", and
"Complaint to Notice of Appeal" (all sent to the above address via certified mail on
January 23, 2013)
Dear Your Honor:
Per the referenced documents, copies of which were also sent to Ms.Johnson and her attorney on
January 23,2013,via certified mail, I have never received an "Answer"from Ms.Johnson to my
"Complaint to Notice of Appeal" as, per my understanding,she is required by law to submit within ten
(10) days of such "Complaint". Therefore, I am asking that you issue a "default judgment" in my favor
for the amount of the original judgment of$502.50 set by Judge Paula Correal on 12/18/12,or I ask that
a hearing be.scheduled as soon as possible to finalize this issue.
Thank you.
Sincerely yours,
A�, X�
Damian Kopec
6105 Westover Drive
Mechanicsburg, PA 17050
Tel: 717-766-3804 or 717-503-5422 (cell)
Copies sent(via certified mail on 5/15/13)to:
Ms. Lori Johnson
c/o Molly's Place Rescue
5220 East Trindle Road
Mechanicsburg, PA 17050
Shane Brien Kope, Esq.
Kope&Associates, LLC
395 St.Johns Church Road, Suite 101
Camp Hill, PA 17011
EXHIBIT C
Jul 06 1 02:42p Molly's Place ; 7176915556 p.1
Contract Pagel of 3
C '
�V
. .Adoption Contrast-Jul 62012 Tel.: 717-691-5555
\ Mollys Place
•� 5220 East Trindle Road Rd
:J a t p1,P �L�E Mechanicsburg,Pennsylvania 17060 USA
mollysplace @ver zon.net
II� II �f I� II VIj �N www.mollysplace.org
David Kopec 6105 Westover Drive IIIItI�I�INIUIIII�I II��N�IIII�IMIIII�INI Te!717 766-3804 Ext
Mechanicsburg,Pennsylvania 17050 USA Qgy3y9�aslto
IVINOfIIf l�I�VII�VI�lN(�11VN�NAIII�
DA 194 8793
Animal Information
Ahimal ID: AIGW2M Name: Claude Breeds: Collie,SmoothvRetriever,Labrador Gender/ (dale
Altered: Yes
ARN: Types: Dog Colors: Golden/White
DOB: 4/29/2012 Current Age: 0 y 2 rn 7 d Pattern: Tdco6r Size: Medium
$220 East Trindle Road
.Mechanicsburg,PA 17050
(717-691-5555 Adoption Center
mollvsn)-s eRverizon.net
MOLLY'S PLACE RESCUE ADOPTION AGREEMENT
Adopter(s),please read and initial each of the following adoption terms:
il In adopting this pet, 1 am making a commitment to provide a lifelong home to this pet. l understand that this is a
I5-20 year commitment that may involve considerable time,money,and effort I pledge to honor this commitment
even when my life changes, For example,moiling, marriage,having children,etc.
I understand this is to be an inside house pet ONLY.
3) 1 understand it is my responsibility to research the tied of pet 1 am interested in adopting to ensure this is a good
match for my home and family,
4) I understand that it may take 3-4 weeks to acclimate this pet to my home. I agree to commit to this time period to
allow adequate time for this per to adjust to my home,family,and other pets.
5) I understand all dogs/puppies must be humanely crate and obedience trained at my expcnsc_
(understand that thisrpet has 30 days coverage for accidents and illnesses common to shelter pets provided by
S,helterC.lre. I understand this cavcragc takes effect 48 hours after the adoption and runs for 30 days. 1-866-375-
7387 www.sheltemam.com. `
7) 1 understand Molly's Place makes no guarantees as to the health, temperament disposition, or training of this pct
(s).
8) I assume responsibility for any and all medical expenses following the adoption of the pet, including expenses for
pro-existing medical conditions. I understnnd Molly's Place will not assume any financial responsibility for
medical bills.
419) 1 understand that the adoption fee(s) and any fees for pet supplies purchased from Molly's Place are non-
refundable.
1 ) 1 understand that I cannot abandon,dispose of,give away,sell, or in any manor relinquish control of this pet to any
party or organization.
1) In the event that r can no longer keep or care forthis per(s),I understand I must return this pet to the Molly's Place
organization. 1 understand this pet(s) cannot be returned to Molly's Place Adoption Center or any Molly's Place
foster homes without making prior axr-angernents with Molly's Place to set up as appointment for return of the pet
(717-691-5555). I understand that leaving this pct(s) at the adoption center or a foster home will be considered
abandownent and is punishable by Jaw. In the event the pet(s)must be returned,l am prepared to keep and care for
this pet until space is available to return the pet to the Molly's Place Adoption Program. 1 understand rhar aeceprancs of
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l
Jul 0612 02:42p Molly's Place 7176915656 p.2
I
Contract Page 2 of 3
animals reviouo!•o red rom rtlo(1 s Pace AL711 be In the sole dfscrtnon o' oll s Place and is de nd¢nr ar se11erof ocrors. indud!
� a � �w .I y' i y' � , T h8
hur nni Undurd in,mvArjhh,.q!neve in WHy's Plaoe and flit,lrulrh and aeivgwreunem g07z animal.
i
It 1 Iravc read this 3 pale apreement and fiiUv understand it and agree to be bound by its terns turd conditions.
TERMS AND CONDITIONS
In consideration of receiving the animal described herein from Molly's Place Rescue,hereinafter referred to as"Molly's
Place,"Adopter agrees to be bound by the following terms and conditions-
I. Adopter assumes full responsibility for this animal's entire lifetime and fully understands that Molly's Place is
placing this animal for adoption on this condition. Adopter will provide proper and sufficient food,water,shelter
and kind and careful treatnnent to the animal at all times. Adopter shall not leave the animal unsupervised outside.
Adopter shall not chain, leash or otherwise tether the animal to any object,indoors or outdoors.
2. Adopter will take the animal to veterinarian for examinations and immunizations at least annually and will procure
immediate veterinary care should the animal become ill or injured,ALL AT ADOPTER'S OWN EXPENSE.
MOLLY'S PLACE WILL NOT 1REEMBURSE ADOPTER FOR'VACCINATIONS, SURGERIES OR ANY
OTHER SERVICES PROVIDED BY ANY VETERINARIAN.
3. Adopter will license the animal in compliance with the laws and ordinances in force in the municipality in which
Adopter resides.
4. Adopter will not abandon,dispose of or relinquish control of this pet to any,party or organization. Adopter
will not give the animal away without first obtaining written permission from Molly's Place. If Molly's Place does
not give the Adopter written approval and Adopter chooses not to keep the animal,Adopter agrees to make an
appointment with Molly's Place for the return oftlre animal. Adopter must call'(717)691-5555 to make
arrangements. Returns are subject to section IS of this agreement'
5. Adopter agrees that if adopter adopts more than one animal from Molly's Place at the same time,the animals reside
together for their entire Jives_ Adopter must obtain written approval from Molly's Place to separate the animals.
However,Adopter understands that it is highly unlikely that Molly's Place would consent to such separation.
Adopter agrees that Molly's Place shall have the right to reclaim the animals if the animals have been separated
without Molly's PIacc prior written approval.
6: Adopter will keep the anitnal as a companion and not allow the animals to be used for medical or other
experimental purposes. for profit or for business purposes.
7. Adopter agrees to provide appropriate transportation for adopted pet using adequate restraint and or confinemernt
methods so as to provide for the animals safrty and well being. Adopter understands dogs will not be transported in
open truck beds and cam will be transported in commercial cat carriers of adequate size and structure. ADOPTER
AGREES NEVER TO LEAVE THE ANIMAL(S)UNATTENDED IN A VEHiCLE•FOR ANY REASON.
R. .Adopter agrees to notify Molly's Place immediately should the animal become lost, stolen,seriously ill or
deceased. Adopter understands to immediately nOtifv Molly's Place should Any change in cwront phone number or
address occur.
9. Adopter agrees that if Molly's Place should determine at any tune that any o f the provisions of this agreement have
not been fully complied with,Adopted will return the animal to Molly's Place upon demand. If the Adopter Sails to
return tbe*animal on demand,Molly's Place shall have the right,without further notification,to enter the premises
where the animal may be,and remove the animal without recourse of law. Adopter agrees to waive all claims for
trespass,damage,and any consequential damages.
I 10. ADOPTER 1S FULLY AWARE THAT MOLLY'S PLACE MAKES NO GUARANTEES WHATSOEVER
AS TO T E HEALTH,TEMPERME'NT,MENTAL DISPOSITION AND TRAINING OF THE ANIMAL.
i 11. ADOPTER HEREBY FULLY AND COMPLETELY RELEASES MOLLY'S PLACE,iTS AGENTS,
OFFICERS,DIRECTORS AND VOLUNTEERS FROM ANY DEFECTS OR ILLNESSES THE ANIMAL
MAY HAVE OR DEVELOP AND FROM ANY CLAIM',CAUSE OF ACTION OR LIABILITY FOR ANY
INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED BY TIfI1a ANIMAL
AND TO INDEMNIFY AND HOLD MOLLY'S PLACY,HARMLESS AGAINST ALL CLAIMS,
INCLUDING,BUT NOT LIMITED TO,THOSE ASSERTED BY T141RD PERSONS,FORIANY INJURY
OR DAMAGE TO PERSONS OR PROPERTY CAUSED BY THE ANIMAL,
12. If Adopter has other pets at home,Adopter attests to the fact that all of Adopier's•animals are current on their
annual vaccinations. ADOPTER FULLY AND COMPLETELY RELEASES MOLLY'S PLACE,iTS
AGENTS OFFICERS,DIRECTORS AND VOLUNTEERS FRONT ANY CLAIM OR LIABILITY FOR
ANY ILLNESS ADOPT'ER'S OTHER ANIMALS MAY DEVELOP,EVEN IS'SAZIJ ILLis,ESS MAY
HAVE BEEN PROCURED FROM THE ANIMAL ADOPTED FROM MOLLY'S PLACE.
13. Adopter will allow any investigator of Molly's Place to inspect the animal and its living environment and to rake
Photographs and videotapes of the animal itt its living environment and to remove the animal if the investigator, in
his or her sole discretion, is not satisfied with the conditions under which the animal is being kept or belii ves that
http:i/sms.petpoint.comJsms3/embeddedreportslCotl tract.aspx?.ReportID=16&AnimOD=16... 7/6/2012
Ju.l 06 12 02:43p Molly's Place 7176915556 p.3
Contract Page 3 of 3
Tate conditinn!C of this agreement are being violated. Adopter agrees to waive all claims for trespass,damage,
criminal prosecution, and any consequential damages.
14. In the event the Adopter terms the animal to Molly's Place for any reason,A.dopcer will at no time assert any
claim or demand against Molly's Place for any obarge.q which Adopter may have incurred in connnection with the
anirtial.
15. Adopter agrees to resolvc arty type of behavioral problems presented by this animal by using positive and humane
training techniques and disciplinary measures and not by using any type of cruel,harsh, frightening or painful
putiishamcriL All dogs rcquirc crate training and obedience,training to housebreak, prevent chewing and permit
adjustment to fatlily and other.pets. Adopter accepts full'responsibility to provide crate and agrees to provide
proper humane aratc and obedienec training_
l6. Adopter agrees to pay and reimburse Molly's Place for any and all Attorney fees ineludirig any related costs and
court costs it incurs in enforcing the terms and conditions of this agreement.
17. In addition to the fees described in section 16 above,Adopter agrees to pay Molly's Place$500 as liquidated
damages for each provision of the agreement Adopter breeches..Adopter agrecs that Molly's Place shall, in
addition to the collection of such liquidated damages,retain all other remedies, including,but not limited to,the
inspection and reclaiming of the animal,and any other damages as provided in this agreement and allowed at law or
in equity. Including Attorney fees,any related costs and court costs.
18. Notwithstanding the provisions of sections 4 or 14 or any other section:herein,Adopter shall not have the right to
return adopted animals to Molly's Place. Aeccplancc of aritrnals previously adopted from Molly's Plaee'shall be in
the sole discretion of Molly's Place And is dependent on several factors, including.,but not limited to,available
space at Molly's Place and the health and temperament of the animal.
l9. Adopter agrees that the consideration or cost which was offered and accepted in the amount of
S ,plus any additional fees for pet supplies purchased from Molly's Place, for this pet is
NON-REVUNDABLE and understands that should the Adopter elect to return this pet,Molly's Place has the
option to credit such consideration toward the adoption of another peL It is within the sole discretion of Molly's
Place whether or not it decides to exercise this option. Adopter understands that if sufficient funds are not available
l when the check is presented to the bank,upon notification the Adopter will immediately schedule the safe return of
the animal or pay the full adoption fee,a thirty dollar bounced check fee, plus any other costs incurred by Molly's
Place. `
20. Adopter understand that this iluee page documcnt plus adoption application and adoption fee constitutes the final
and entire agreement of the parties and cannot be modified or added to by any prior or subsequent oral or written
agreement; The adopter understands if he or she commits any act of matcrial.misrepresentation, Molly's Placc will
demand a prompt,safe return of the pet,as provided by section 9,and Molly's Place will not rnfimd any money to
the Adopter,
21. Adopter agrees to follow all local,stmc and federal laws regarding die care,treatment,use and hunting of animals.
Adopter understands that a conviction for violating any such laws will enable Molly's Place to immediately reclaim
the animal adopted from Molly's Piacc in accordance'with section 9, and Molly's Ilace will not rcfuLd any money
to the Adopter.
22- This agreement shall,be governed by the laws of the Commonwealth of Pennsylvania.
23. In the event that any germ,provision or paragraph of this.agreement is or is declared illegal,void or unenforceable,
this shall not affect or impair the other terms,provisions, or paragraphs of this agreement. The doctrine of
severability,shalt be applied. ,
24. Molly's Placc appreciates any feedback from the Adopter. Adopter agrees to allow Molly's Place to publish such
feedback as it chooses in its newsletter or on its website without compensation to the Adopter and without further
notice to the Adoptcr.
Witnessed
F3'y: A- ,✓� Title:
Ae PPIlehave the adopter initial beside the fol WV' - terials provided to'the adopter at the time of adoption:
Copy of Contract abies tag&certificate ,,..-�..4 Receipt Medications (please speci�PetfinderInsurance info
Medical Vaccination Records
r have read lion agreement a d fully understand it and agree to be bound by its t and conditions(Adopter must
het ycros of
si mtme
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ko
V "J Vaale- 1�-C:
moIIy's place rescue P U r)
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E-7L)
pet prat e I am interested in adopting (choose one): uppy O kitten O dog O cat
1- w ho is the pet for? elf Ogift:for whom? adopters age: 3
2. if you're single: do you live alone? d7es Ono with family?............................................ Oyes Ono
do you work? Ono what-are your hours? n _b'�T
if you're married: do you both work?.................................................................................. O yes O no
husband's hours wife's hours
how many children at home? ages
who will be responsible for the pet? O husband O wife O children O other
�uh`�,'
3. type of dwelling (choose one): O house 0townhouse 0mobile home e"apartment
do you (choose one . Oow :e G t: if renting, does your lease allow pets?................... p no
are you moving? es if yes, when? do you have use of a private yard? yes Ono
is it fenced? Oyes Qr' fence height
where will the pet be kept? daytime time
any allergy to pets?................................I�..wc? 5. -..' 0 ...2-..??wy^ 5..� Oyes
4. do you have other pets no O yes &118� number of pets? breed(s)
are they spap4d/neutered? Oyes Ono where are they kept?
where did you get the pet? how long have you had it?
S
S. have you ever had a pet befor ?es Ono breeds) �
how long did you have the pet? wh� happened to the pet?
have you ever adopted from molly's place? Oyes ( 0 where is the pet now?
6. do you agree that a pet is a lifetime commitment and not something to "get rid"of
if your lifestyle changes?...._
............................................................., s Ono
7. do you agree to keep your pet if you move or get a divorce?......................................... W es Ono
8. if i ave to move to a new dwelling that does not allow pets, i would do the following:
ever move somewhere that does not allow pets Ofind the pet a new home - Otake the pet to a shelter
O let it go outside O take it to a farm O ,return it to molly's
9. do you agree that pregnancy or the birth of a child does not justify abandoning or
returningyour pet?.............................................................................
........................:..: s Ono
10. will cohabitation issues with ex' ing or newly acquired pets cause you to abandon
or return any of your pets? i would work through any issues 0 i would return the pet
11. do you understand that there is a minimum 4 week adjustment period when a new pet is introduced?
(this adjustment period is for all involved; pets and family.) ........................................................................ es Q no
12. do you understand that animals are living beings and therefore do not carry a;health guarantee?........ O-Y,-/ Q no
13. do you understand that animals require medical treatment? ........................................................... '(area Ono
on average, owners.spend $400 per year on routine medical care this does not include medical emergengies,
injuries or illnesses.are you financially able to afford medical care and are you willing to fulfill this
commitment to your new pet?........................................................................................ QJe O no
14. do you understand that if you adopt a pet you are responsible for teaching the pet manners? ..... .... es Ono
pets are cute and cuddly, but they require attention,exercise and training. otherwise they grow up to be rotten
teenagers if limits are not clearly set. do you agree to accept the responsibility for exercising and
traingyour pet?........................................................................................................................... 1�S Ono
15. kids will promise anything to get a pet, but they seldom follow through.are you personally
willing to meet the new pets needs? ................................. ............................. Q s Ono
do you,the adult,accept responsibility for the pets feeding,grooming,walking and
cleaning up after your pet?.......................................................................................................... Yes O no
16. if you have children or if your pet is around children,do you understand that puppies and kittens,
while cute and cuddly can scratch and bite?do you understand that this is not"agression' and
you will have to (teach your children) and train your pet?............................................................. bles Ono
17. if the pet you adopt comes with or develops annoying habits like jumping,barking, or digging
will you get the necessary training for the pet?............................................................................. es(train the pet)
Q no(return the pet)
18. if you purchase a smaller crate fora puppy,as the puppy grows,you will need to purchase
a larger,appropriate,size crate for the pet. a crate is a place to confine your pet while you are away
from home so the pet does not eliminate in your home, destroy property or injure itself.the crate is not a
place for punishment or"time out", nor should the pet.be confined to a crate for longer that nine hours a day.
are you willing to humanely crate train your dog/puppy?....................................................... OLYeS Ono
19. confining your dog to a room in your home is not crate training.allowing your pet to eliminate on any
floor in your home only confuses your-dog and makes house breaking more difficult. if you choose not to crate train,
your pet could damage your possessions and home as well as ingest materials that can be harmful to your pet.
if against our advice,you choose not to crate train and your pet is destructive,will you return or
adandon your dog?........................... s(keep the pet) -�
.......................................................................... .
Q no(return the pet) c\�
20. both obedience or behavioral training your new pet costs money and requires time and
commitment.training costs approximately$400.are you financially able and willing to fulfill
this commitment to your new pet? .......................
........................................................................ yes Ono /
applicants name:
address:
phone numbers: home �� � v ► work cell
1111 Z: i u s a tha a 7d1or adoption fees for pets are non-refundable and non-transf rable.
signature dq e
CERTIFICATE OF SERVICE
I, Joseph M. Gavazzi, Esquire, do hereby certify that on this 20th day of May,
2013, I served a true and correct copy of the foregoing Preliminary Objections to
Plaintiff's Complaint via first Class mail, postage prepaid, addressed as follows:
Damian Kopec
6105 Westover Drive
Mechanicsburg, PA 17050
Plaintiff, Pro Se
KOPE &ASSOCIATES,LLC
JOSE PI . GAVAZZI, E Q.
395 St. Johns Church Road,Suite 101
Camp Hill, PA 17011
(717) 761-7573
ID 207980
Attorney for Defendant
11
PRAECIPE FOR LISTING CASE FOR ARGUMENT C r7
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for to na
Argument Court.) `— --
-------------------------------------------------------------------- Fq o
CAPTION OF CASE rn
(entire caption must be stated in full) C/)r— ry r`t
-tom' C7 mac '
DAMIAN KOPEC -V
r ,..,
zj
LORI JOHNSON r'
No 2013-132 Civil Term
1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to
complaint,etc.):
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
Plaintiff is Pro Se
(Name and Address)
(b) for defendants:
Joseph M. Gavazzi, Esquire, of Kope & Associates, LLC
(Name and Address)
395 St. Johns Church Road, Suite 101 , Camp Hill PA 17011
3. 1 will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date:
June 21,2013
Joseph M. Gavazzi
Signature
i
Print e
Lori Johnson
Date:
5/20/13 Attorney for
INSTRUCTIONS:
1. Original and two copies of all briefs must be filed with the COURT
ADMINISTRATOR(not the Prothonotary) before argument.
2.The moving party shall file and serve their brief 14 days prior to argument.
3.The responding party shall file their brief 7 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR(not the Prothonotary) after the case is relisted.
il0y'ld I
�
-7 5V
DAMIAN KOPEC, IN THE COURT OF COMMON PLEAS
Plaintiff, OF CUMBERLAND COUNTY,
PENNSYLVANIA a ri
V. rm ,s -
CIVIL ACTION - LAW �„r— rev -V
LORI JOHNSON, °1C.)-�c
Defendant. �r, o
No. 2013-0132 :ZC rp
Er-.
IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
BEFORE HESS, P.J.; MASLAND, J.; PLACEY, J.
ORDER
AND NOW, this,#Z4fday of June 2013, upon review of Defendant's Preliminary
Objections to Plaintiff's Complaint, and oral argument heard on June 21, 2013, Defendant's
Preliminary Objections are SUSTAINED.
Plaintiff is given twenty (20) days from the date of this Order of Court to file an amended
complaint that conforms to the Pennsylvania Rules of Civil Procedure.
BY THE COURT,
Ke i A. Hess, P.J. >^'
EZ)-T, ,
ZDamian Kopec
6105 Westover Drive
Mechanicsburg, PA 17050
Pla' tiff.
Joseph Gavazzi, Esq.
395 St. Johns Church Road, Suite 101
Camp Hill, PA 17011
For the Defendant.