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Home My WebLink About13-1324 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ` '{ Sheriff t`k�rdrr�e�f�� Jody S Smith 2113 APR _4 AM 9: 0--, Chief Deputy Richard W Stewart MBHLIIJj I r Solicitor : E . P E N t�S Y► VIA tJ 1A, Jonathan S Heller Case Number vs. Benjamin Boyer 2013-1324 SHERIFF'S RETURN OF SERVICE 03/13/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Benjamin Boyer, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Lancaster, Pennsylvania to serve the within Complaint& Notice according to law. 03/28/2013 03:02 PM-The requested Complaint&Notice served by the Sheriff of Lancaster County upon Benjamin Boyer, personally, at 134 E. Hummelstown Street, Elizabethtown, PA 17022. Mark S. Reese, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.46 SO ANSWERS, March 28, 2013 RbNW R ANDERSON, SHERIFF SHERIFF'S OFFICE OF LANCASTER COUNTY :a Mark S. Reese Brad Harris Sheriff Solicitor Marc Lancaster + Charles Hamilton Chief Deputy Lieutenant JONATHAN S HELLER Case Number vs. BENJAMIN BOYER 2013-1324 SHERIFF'S RETURN OF SERVICE 03/20/2013 03:02 PM -SERVED THE COMPLAINT& NOTICE BY PERSONAL SERVICE UPON BENJAMIN BOYER AT 134 E HUMMELSTOWN STREET, ELIZABETHTOWN, PA 17022. SO ANSWERS: DEPUTY MELISSA HEIM, DEPUTY SHERIFF OF LANCASTER COUNTY, PA. MELISSA HEIM, DEPUTY SHERIFF COST: $56.84 SO ANSWERS, d' March 25, 2013 MARK S. REESE, SHERIFF COSTS DATE CATEGORY MEMO CHK# DEBIT CREDIT 03/18/2013 Advance Fee Advance Fee 13674 $0.00 $150.00 03/18/2013 Receiving,Docketing&Return $9.00 $0.00 03/18/2013 Service $9.00 $0.00 03/18/2013 Affidavit $2.50 $0.00 03/18/2013 Deputy Time $10.00 $0.00 03/18/2013 Copies $6.00 $0.00 03/20/2013 Service Mileage $20.34 $0.00 03/25/2013 Refund $93.16 $0.00 $150.00 $150.00 BALANCE: L_ a0.0o Plaintiff Attorney:DETHLEFS-PYKOSH LAW GROUP, 2132 MARKET STREET, CAMP HILL, PA 17019 {)CcuntySurlc Snenfs re csoft, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JONATHAN S HELLER :COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA No.: 13-1324 V. v w BENJAMIN A BOYER : CIVIL TERM Defendant NOTICE OF INTENT TO DEFEND v c - �e I, BENJAMIN A BOYER, hereby give Notice of Intent to defend the above titled case; n , demand strict proof of the alleged claim.Additionally there are multiple errors and incorrect assertions both within and separate from the accompanying documents provided by the Plaintiff, as well as other factors omitted or excluded intentionally or otherwise from above mentioned documented. Defendant would like to present evidence contrary to the merits of this case. REQUEST FOR JUDICIAL NOTICE Defendants who are unschooled in the law and ask that the court take Judicial Notice of the enunciation of principles as stated in "Haines v. Kerner, 404 U.S . 519," wherein the court has directed that those who are Unschooled in law making pleadings and/or complaints shall have the court look to the substance of the pleadings rather than the form. Furthermore, Defendant's hereby requests the judge notify them of any sua sponte,rights or remedies they May overlook. Defendant Dat IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JONATHAN S HELLER :COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA No.: 13-1324 V. BENJAMIN A BOYER : CIVIL TERM c:w - Defendant M m CERTIFICATE OF SERVICE u I hereby certify that I have this day served a true copy of the foregoing document upon the parties, listed below, in accordance with the requirements of§ 1.54 (relating to service by a party). Dated this 9 day April, 2013. MICHAEL J PYKOSH, ESQUIRE DETHLEFS-PYKOSH LAW GROUP, LLC 2132 MARKET STREET CAMP HILL, PA 17011 `L JONATHAN S. HELLER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff V. : NO. 13-1324 BENJAMIN A. BOYER, CIVIL TERM To Benjamin A. Boyer: You are hereby notified to file a written response to the enclosed motion within twenty (20) days from service hereof or a judgment may be entered against you. Date: " 15 — 114 '1 G?4 Michael J. kosh, Esquire Dethlefs-Pykosh Law Group, LLC I.D. # 58851 2132 Market Street Camp Hill, PA 17011 Telephone: (717) 887-6047 mp kosh(&dplglaw.com Attorney for Plaintiff Y; Michael J. Pykosh, Esquire 20 Pi JAN 17 € H I b I.D. # 58851 C'U11brE R LANI C"I l;Y Dethelfs-Pykosh Law Group, LLC PENNSYLVANIA 2132 Market Street Camp Hill, PA 17011 Telephone: (717) 975-9446 mpykosh dplglaw.com Attorney for Plaintiff JONATHAN S. HELLER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 13-1324 BENJAMIN A. BOYER, CIVIL TERM MOTION FOR JUDGMENT ON THE PLEADINGS AND NOW,comes the Plaintiff, Jonathan S. Heller, by and through his attorneys, Michael J. Pykosh, Esquire and Dethlefs-Pykosh Law Group, LLC, and files the following Motion for Judgment on the Pleadings, and in support thereof avers as follows: 1. On or about March 12, 2013, Plaintiff, Jonathan S. Heller, commenced the instant action by filing a Complaint with the Prothonotary in Cumberland County. 2. On or about April 9, 2013, Defendant, Benjamin A. Boyer,pro se, filed a "Request for Judicial Notice." 3. Defendants"Request for Judicial Notice"purports to be a response by Defendant to Plaintiffs Complaint. 4. Pursuant to Pa.R.C.P. 1034, Plaintiff now moves for Judgment on the Pleadings. 5. The pleadings in this matter are closed. 6. This Motion is being filed within such a time as not to unreasonably delay a trial in this matter. 7. The pleadings on file and the documents attached thereto demonstrate that Defendant has no claim for defense or counterclaim. 8. Defendants' response to Plaintiff's Complaint fails to deny, specifically or by necessary implication, the averments in Plaintiff's Complaint that require such a response in violation of Pa. R.C.P. 1029(b). 9. A general denial or demand for proof ... shall have the effect of an admission. Pa. R.C.P. 1029(b). 10. If a complaint states a claim for relief, and the defendant's answer states a non- meritorious defense, a plaintiff may move for judgment on the pleadings. Newberry Township v. Stambaugh, 874 A.2d 734 (Pa Commw. Ct. 2005). See also Necho Coal Co. v. Denise Coal Co., 387 Pa. 567, 128 A.2d 771 (1957). 11. Defendant's response states no defenses which would allow him title to the property at 28 West Locust Street, Mechanicsburg, Pennsylvania 17055, nor does it raise any meritorious arguments which would support a finding of judgment in his favor for the damages to the properties and the unpaid bills. 12. Defendant has admitted, by reason of Pa. R.C.P. 1029, paragraphs 1-31 of the Complaint. 13. Defendant's entire response is a general denial and a demand for proof which has the effect of an admission under Pa.R.C.P. 1029(b). 14. Based upon the pleadings and the documents attached thereto,judgment should be entered in favor of Plaintiff, Jonathan S. Heller, and against Defendant, Benjamin A. Boyer, for damages, as outlined in the Complaint, title to the premises located at 28 West Locust Street, Mechanicsburg, Pennsylvania 17055 and reasonable attorney's fees. WHEREFORE, Plaintiff, respectfully requests that this Honorable Court grant Plaintiff's Motion for Judgment on the Pleadings and enter judgment for Plaintiff, Jonathan S. Heller, and against, Defendant, Benjamin A. Boyer, in the amount of $39,744.87 plus interest, costs and attorney's fees, and further more quiet title to the property at 28 West Locust Street, Mechanicsburg, Pennsylvania 17055, extinguishing any rights of Benjamin A. Boyer. Respectfully submitted, Dated: Michael J. P k sh, Esquire I.D. #58851 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Plaintiff Michael J. Pykosh, Esquire I.D. # 58851 Dethelfs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 Telephone: (717) 975-9446 mp kosh a;dplglaw.com Attorney for Plaintiff JONATHAN S. HELLER, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 13-1324 BENJAMIN A. BOYER, CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing, Motion for Judgment on the Pleadings, was hereby served, on the date noted below, by depositing the same within the custody of the United States Postal Service, First Class,postage prepaid, addressed as follows: Benjamin A. Boyer 134 East Hummelstown Street Elizabethtown, Pennsylvania 17022 Dated: -' 5" 10ox,1111L Michael J. ffkosh, Esquire PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE (entire caption must be stated in full) JONATHAN S HELLER vs. BENJAMIN A BOYER C> r- rn i f.,), ru <cJ - c� No. 13-1324 CIVIL 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS 2. Identify all counsel who will argue cases: (a) for plaintiffs: MICHAEL J. PYKOSH (Name and Address) 2132 MARKET STREET, CAMP HILL, PA 17011 (b) for defendants: BENJAMIN A. BOYER (Name and Address) 134 E HUMMELSTOWN STREET, ELIZABETHTOWN, PA 17022 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: JUNE 27, 2014 Date: 05/09/2014 MICHAEL J. PYKOSH Signature t your name PLAINTIFF 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. cuit-1-61107 C L* I'10 aill � 3kcf #14. ARGUMENT - JUNE 27, 2014 JONATHAN S. HELLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. BENJAMIN A. BOYER, : NO. 2013 —1324 CIVIL Defendant IN RE: PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS BEFORE GUIDO, EBERT, PECK, JJ. ORDER OF COURT AND NOW, this 14111 day of JULY, 2014, upon review of the pleadings as well as the Plaintiffs brief filed in support of the Motion, and having heard argument thereon, the Motion is GRANTED only as to the issue of liability. It is not clear from the complaint and the attached agreement what damages and/or remedies should be awarded to Plaintiff and any future hearing shall be limited to those issues. By the Couxt Edward E. Guido, J. ✓ Michael J. Pykosh, Esquire Y 2132 Market Street • Camp Hill, Pa. 17013 Benjamin A. Boyer 134 East Hummelstown Street Elizabethtown, Pa. 17022 1� Court Administrator — LacEr j � . V, £� :sld CAT les yai'LseL VASAg m f •