HomeMy WebLinkAbout13-1652 !'C1y1
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of FROM
MAGISTERIAL DISTRICT JUDGE JUDGMENT
COMMON PLEAS No. I � _ J 6 5�
NOTICE OF APPEAL . , 3 "L7 3
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.
NAMff APPELLANT MAG. DIST. NO. NAME OF MOJ
n(o �. iM4�� 09 -3- O -w, 50,.san K `i
ADDRESS OF ArPM ANT CI STATE ZIP CODE
ii l � 1� ���n �? Ga cdo, Es VA � 3a
DATE E Or JU GHENT IN THE sl= OF (Qamhft) (Cefendant)'
DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT
NE- 0 q �. V Ke /Kellar �
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. 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 twenhy
(20) days after filing the NOTICE cf APPEAL.
Signature of Prcthonotary 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 appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To 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.
D ate: 20
Signature of Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OFtJI A FORM WITH THIS NOTICE OF APPEAL.
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COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil
COUNTY OF CUMBERLAND Case
Mag. Dist. No: MDJ- 09 -3 -03 Christina Lynn Creech
MDJ Name: Honorable Susan K. Day V
Address: 229 Mill Street Eric Keller, Stephanie Keller
P.O. Box 167
Mount Holly Springs, PA 17065
Telephone: 717- 486 -7672
Christina Lynn Creech Docket No: MJ- 09303 -CV- 0000003 -2013
116 Old Town Road Case Filed: 1/11/2013
Gardners, PA 17324
Disposition Details
Disposition ' S - u - - m ' -
ummary
Docket No Plaintiff Defendant Disposition Disposition Date
MJ- 09303 -CV- 0000003 -2013 Christina Lynn Creech Eric Keller Judgment for Defendant 02/28/2013
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH
THE PROTHONOTARY /CLERIC OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF
JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE
COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A
REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
' ` sue .rp
•• V M J / a �
Date V L / Magisterial District Judge Susan K. Day
certify that this is a true and correct copy of e record of the proceedings containing the judgment.
Date Magisterial District Judge
MDJS 315 Page 1 of 2 Printed: 0310512013 2:47:16PM
Christina Lynn Creech Docket No.: MJ- 09303 -CV- 0000003 -2013
V.
Eric Keller, Stephanie Keller
Participant List
Private(s)
Bret Patrick Shaffer, Esq.
Baric Scherer
19 W South St
Carlisle, PA 17013
Plaintiff(s)
Christina Lynn Creech
116 Old Town Road
Gardners, PA 17324
Defendant(s)
Eric Keller
644 Holly Pike '
Mt. Holly Springs, PA 17065
Stephanie Keller
644 Holly Pike
Mt. Holly Springs, PA 17065
5t 4
MDJS 315 Page 2 of 2 Printed: 03/05/2013 2:47:16PM
T-,LED-OF Fj
2013 APR -5 PM 1: 3 i
CUMBERLAND COUN 3
PENNSYLVANIA
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN(10)DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALT OF PENNSYLVANIA
COUNTY OF � j _ , ss
AFFIDAVIT: I hereby(swear)(affirm)that I served
f 3-bI�,5�.
ED copy of the Notic of Appeal, Common Pleas No. up the Magisterial District Judge designated therein on
(date of service) 20 � by perso Ihservicce b (certified)(registered)mail,
sender's receipt attached'hereto, and upon the appellee, (name)`-"`r�o'n�� (certified)
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� ,20 []by personal service❑ ✓ by(certified)(registered)mail,
sender's receipt attached hereto.
(SWORN) AFFIRME D� SUBSCRIBED BEFORE ME
THIS DAY OF/1lolrrL20
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Sign t e cial befor whom , " avit was made Signature of affiant
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Title of official
My commission expires on 20
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CHRISTINA CREECH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION No. 2013-1652
ERIC KELLER AND STEPHANIE
KELLER, •
Defendants • rn -
r.m..
PRAECIPE TO STRIKE APPEAL �' •-i ,
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yam *"7-
To the Prothonotary: C
Twenty days having passed from the filing of the Notice of Appeal on March 27, 20I3, -~
kindly mark the appeal stricken from the record.
Respectfully submitted,
BARIC SCHERER, LLC
Date: y//7 /3
Bret P. Shaffer, Esquire
I.D.# 309180
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Defendants
AND NOW, this I 1 day of Pcr 1 , 2013, the above-captioned appeal is
marked stricken.
/ a
Prothonooaary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Ch 5\-i nw
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NOTICE TO DEFEND
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 AN ATTORNEY AND FILING IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET
FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE
MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU
BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE
COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE
PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT
TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUECED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE,PA 17013
1-800-990-9108
717-249-3166
CIVIL ACTION
1. Plaintiff, CHRISTINA CREECH, individual residing at 116 OLD TOWN RD., GARDNERS, PA 17324.
2. Defendant(s) ERIC and STEPHANIE KELLER are individuals residing at 644 POLLY PIKE, MT. HOLLY
SPRINGS, PA 17065.
3. The oral/verbal terms of agreement were for Defendant(s)to help Plaintiff determine/establish
monetary value of both comic and toy collections and to assist in the sale of both collections. This is
based on Plaintiffs trust from the referral of Defendant(s)parents, Plaintiffs neighborJbabysitter.
4. This action is based upon the oral/verbal agreement entered into between Defendant(s)and
Plaintiff in August 2012 but Defendant(s)failed to make the payment due and return property in its
entirety, pursuant to the agreement.
5. Defendant(s) physically/personally removed from 116 OLD TOWN RD.,GARDNERS, PA 17324,93 full
long boxes of comics and 38 varied sized totes full of new toys in packs/sports cards with Plaintiff's
verbal approval on August ft,2012—August 4th, 2012 to determine/establish a monetary value of both
toy and comic collections which was agreed to orally/verbally by Defendant and Plaintiff.
6. Defendant(s)physically/personally paid Plaintiff$326.00 cash 8/5/12,$107.00 cash 8/12/12,$20.00
cash 8/26/12,and$127.00 cash 9/3/12 for some of the toy collection sold.
7. Defendant(s) informed Plaintiff,orally/verbally, by phone,that entire toy collection was sold as of
9/3/12.
8. Defendant(s) informed Plaintiff,orally/verbally,by phone,on 8/10/12 that Defendant(s)wants to
personally purchase the entire comic collection,with the intention/result of a comic store being opened
by Defendant(s),who is an avid comic reader/collector.
9. Defendant(s) informed Plaintiff,orally/verbally, by phone,that comic collection alone has monetary
value of$6000.00 or more and would trade Defendant(s)car valued at$7000.00 in exchange for entire
comic collection on 8/14/12.
10. Plaintiff and Defendant(s)orally/verbally, by phone,agreed to amount of$5000.00,from the sale
of Defendant(s)car worth $7000.00, for purchase of entire comic and toy collections on 8/30/12 and
$5000.00 from sale of car,would be given to Plaintiff by 9/3/12.
11. With the oral/verbal consent, by phone, between Defendant(s)and Plaintiff on 8/30/12 that
$5000.00 would be the final business/money transaction for the entire comic and toy collections.
12. Defendant(s)informed Plaintiff,orally/verbally, by phone, that Defendant(s)would not be paying
Plaintiff$5000.00 and Defendant(s) returned entire collection of comics on 9/06/12 to Plaintiff due to
4 "'Y
the comic collection being a health hazard and none of the comics were sold or could be sold due to
condition/extensive water damage of comic collection.
WHEREFORE, Plaintiff respectfully requests that judgment be entered in favor of Plaintiff and against
Defendant(s) in the amount of$5000.00,together with costs.
By 11 _4L41 ! / ! .1
Christina Creech, Plaintiff
CHRISTINA CREECH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSY2,Vf TIA
rn• co as•. -r
V. : CIVIL ACTION--IN LAW z r
No. 13-1652 cn w =;
ERIC KELLER AND - °
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STEPHANIE KELLER Z' .7„ t>
Defendants • >c rte,
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PLAINTIFF'S PETITION TO REINSTATE APPEAL "'
Defendant Christina Creech, by her attorney, Douglas C. Lovelace, Jr., respectfully
petitions this Court, in accordance with Pa.R.C.P. 1006, to reinstate Plaintiff's appeal, in the
above-captioned matter, for the following reasons:
1. Acting pro se, Plaintiff commenced the instant action by complaint filed in Magisterial
District Court No. MDJ-09-03 on January 11, 2013, in order to recover damages in the amount
of$5,000.00 allegedly sustained as a result of Defendants'breach of an agreement to pay
Plaintiff the aforementioned amount for a valuable comic book collection and valuable toy
collection.
2. On February 28, 2013, the honorable Susan K. Day entered judgment for Defendants.
3. On March 27, 2013, acting pro se, Plaintiff filed with the Prothonotary of Cumberland
County a timely notice of appeal of the District Court judgment, a copy of which is attached
hereto as Exhibit "A.".
4. On April 17, 2013, twenty-one days after filing her notice of appeal, acting pro se,
Plaintiff filed with the Prothonotary civil complaint No. 2013-1652, a copy of which is attached
hereto as Exhibit "B.".
5. Also, on April 17, 2013, Defendants, through their attorney, Bret P. Shaffer, filed a
Praecipe to Strike Appeal, due to Plaintiff's failure to file her complaint within twenty days after
filing of her notice of appeal.
6. On April 17, 2013 the Prothonotary marked Plaintiffs appeal stricken. A copy of
Defendants'Praecipe to Strike Appeal and the Prothonotary's action to mark the appeal stricken
are attached hereto as Exhibit "C."
7. Plaintiff failed to file her complaint within the twenty days required by the Pa.R.C.P.,
because acting pro se, without the assistance of counsel, she did not understand that the counting
rule provided by the Pa.R.C.P. included weekends.
8. Granting Plaintiff's Petition will not prejudice Defendants.
9. Defendants object to the granting of Plaintiff's Petition.
10. No judge has ruled on this or any related matter.
11. Given that Plaintiff had been acting pro se, did not accurately understand the
counting rules of the Pa.R.C.P., and filed her complaint only one day after the time allowed for
filing, and that Defendants will not be prejudiced by reinstatement of Plaintiff's appeal,justice
would be best served if Plaintiff's appeal were reinstated.
WHEREFORE, Plaintiff respectfully requests that this honorable Court reinstate
Plaintiff's appeal and allow this action to proceed.
Date: IA,P I 3e aoa /J " '
DOUGLAS . LOVELACE, JR., Esquire
Attorney for the Plaintiff
Attorney Identification Number: 83889
36 Donegal Drive
Carlisle, PA 17013
(717)385-1866
2
Exhibit "A"
T ell1TO LV MNIN
1 COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of
FROM
MAGISTERIAL DISTRICT JUDGE JUDGMENT
COMMON PLEAS No. 1 I �! '4"
NOTICE OF APPEAL :,«t S-7—,,10,1
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.
NA7 t.ANT ' W Creck ADDRESS OAPPT K�� +tl---►►,���'b)� Susan n ZIP 'bad STATE
O� �n Vc b �--c ran e r,S PA 1�13Q�{
DATE 6F J GM NT IN THE Of plaintiff) (Wand Cl n .
�n n ereic v, 'I c. K e It>z -t-c.5kphitn.e,
DOCKET N . SIGNATURE OF APPELLANT OR ATTORNEY OR AG NT /e§2 r
{ r - 08303 -Cv -b00 o ao13 Q uetc
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. 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 Of 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 appellee(s),to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. )within twenty(20)days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To ,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 MAY BE ENTERED AGAINST YOU.
(3) The data of service of this rule if service was by mail is the date of the mailing.
Date: . 20
Signature of Prothonotary or Deputy
�sNM3a
YOU MUST INCLUDE A COPY OF THE NOTICE OF J 9 f)1 I FORM WITH THIS NOTICE OF APPEAL.
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COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil
COUNTY OF CUMBERLAND '
, Case
Mag.Dist. No: MDJ-09-3-03 Christina Lynn Creech
MDJ Name: Honorable Susan K.Day V.
Address: 229 Mill Street Eric Keller, Stephanie Keller
P.O. Box 167
Mount Holly Springs,PA 17065
Telephone: 717-486-7672
Christina Lynn Creech Docket No: MJ-09303-CV-0000003-2013
116 Old Town Road Case Filed: 1/11/2013
Gardners, PA 17324
Disposition Details
Disposition Summary
Pocket No Plaintiff Defendant Dlsoosttioo Disposition Datil
MJ-09303-CV-0000003-2013 Christina Lynn Creech Eric Keller Judgment for Defendant 02/28/2013
ANY PARTY MS 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.
«a4ti
_ " .. •
Date Magisterial District Judge Susan K.Day
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date Magisterial District Judge
MDJS 315 Page 1 of 2 Printed 03/05/2013 2:47:16PM
Christina Lynn Creech Docket No.: MJ-09303-CV-0000003-2013
v.
Eric Keller, Stephanie Keller
Participant List
Private(s)
Bret Patrick Shaffer,Esq.
Baric Scherer
19 W South St
Carlisle,PA 17013
Plaintiff(s)
Christina Lynn Creech`
116 Old Town Road
Gardners, PA 17324
Defendant(s)
Eric Keller
644 Holly Pike
Mt. Holly Springs,PA 17065
Stephanie Keller
644 Holly Pike
Mt.Holly Springs,PA 17065
N-11- , ,
K401 so
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MDJS 315 Page 2 of 2 Printed:03/05/2013 2:47:16PM
PILED-OFFICE
THE PRO rHONIJTI40
2013 APR -5 PM 1: 3
CUMBERLAND COUNI`I"
PENNSYLVANIA
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN(10)DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTA.,0F PENNSYLVANIA
COUNTY OF _! •ss
AFFIDAVIT: I hereby(swear)(affirm)that I served
13-bttoca
❑ a copy of the Notic of Appeal,Common Pleas No. ,upQh the Magisterial District Judge designated therein on
(date of service) , 20 , 11/5/13 a by perso Ihhserv��icc��e b (certified)(registered)mail,
sender's receipt attached hereto,and upon the appellee,(name)"r(`bY1 c e-ea)
4.-/l/ ,20 ❑by personal service❑ , by(certified)(registered)mail,
sender's receipt attached hereto.
(SWORN AFFIRMED AND SUBSCRIBED BEFORE ME
THIS DAY OF 1420 ZS
C- NIZA:tt:041 6_0 CA
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
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NOTICE TO EFEND
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 AN ATTORNEY AND FILING IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET
FORTH AGAINST YOU, YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE
MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU
BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE
COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE
PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT
TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUECED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE,PA 17013
1-800-990-9108
717-249-3166
CIVIL ACTION
1. Plaintiff,CHRISTINA CREECH,individual residing at 116 OLD TOWN RD.,GARDNERS,PA 17324.
2. Defendant(s)ERIC and STEPHANIE KELLER are individuals residing at 644 POLLY PIKE,MT. HOLLY
SPRINGS, PA 17065.
3. The oral/verbal terms of agreement were for Defendant(s)to help Plaintiff determine/establish
monetary value of both comic and toy collections and to assist in the sale of both collections. This is
based on Plaintiffs trust from the referral of Defendant(s)parents,Plaintiffs neighbor/babysitter.
4. This action is based upon the oral/verbal agreement entered into between Defendant(s)and
Plaintiff in August 2012 but Defendant(s)failed to make the payment due and return property in its
entirety,pursuant to the agreement.
5. Defendant(s)physically/personally removed from 116 OLD TOWN RD.,GARDNERS,PA 17324,93 full
long boxes of comics and 38 varied sized totes full of new toys in packs/sports cards with Plaintiff's
verbal approval on August 1st,2012—August 4th, 2012 to determine/establish a monetary value of both
toy and comic collections which was agreed to orally/verbally by Defendant and Plaintiff.
6. Defendant(s)physically/personally paid Plaintiff$326.00 cash 8/5/12,$107.00 cash 8/12/12,$20.00
cash 8/26/12,and$127.00 cash 9/3/12 for some of the toy collection sold.
7. Defendant(s)informed Plaintiff,orally/verbally,by phone,that entire toy collection was sold as of
9/3/12.
8. Defendant(s)informed Plaintiff,orally/verbally,by phone,on 8110/12 that Defendant(s)wants to
personally purchase the entire comic collection,with the intention/result of a comic store being opened
by Defendant(s),who is an avid comic reader/collector.
9. Defendant(s)informed Plaintiff,orally/verbally,by phone,that comic collection alone has monetary
value of$6000.00 or more and would trade Defendant(s)car valued at$7000.00 in exchange for entire
comic collection on 8/14/12.
10. Plaintiff and Defendant(s)orally/verbally,by phone,agreed to amount of$5000.00,from the sale
of Defendant(s)car worth$7000.00, for purchase of entire comic and toy collections on 8/30/12 and
$5000.00 from sale of car,would be given to Plaintiff by 9/3/12.
11. With the oral/verbal consent, by phone,between Defendant(s)and Plaintiff on 8/30/12 that
$5000.00 would be the final business/money transaction for the entire comic and toy collections.
12. Defendant(s)informed Plaintiff,orally/verbally,by phone, that Defendant(s)would not be paying
Plaintiff$5000.00 and Defendant(s)returned entire collection of comics on 9/06/12 to Plaintiff due to
c �
the comic collection being a health hazard and none of the comics were sold or could be sold due to
condition/extensive water damage of comic collection.
WHEREFORE,Plaintiff respectfully requests that judgment be entered in favor of Plaintiff and against
Defendant(s)in the amount of$5000.00,together with costs.
V J
By t It t L
Christina Creech, Plaintiff
Exhibit !IC It
CHRISTINA CREECH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION No. 201352
ERIC KELLER AND STEPHANIE c o
KELLER, : -0 Z
Defendants : 'T'
tor"
PRAECIPE TO STRIKE APPEAL A
To the Prothonotary: c == -
Twenty days having passed from the filing of the Notice of Appeal on March g,2013,
kindly mark the appeal stricken from the record.
Respectfully submitted,
BARIC SCHERER, LLC
Date: y//7 /.3 �d
Bret P. Shaffer, Esquire
I.D.# 309180
19 West South Street
Carlisle, PA 17013
(717)249-6873
Attorney for Defendants
AND NOW,this )1 day of Pcr 1 , 2013,the above-captioned appeal is
marked stricken.
a
_4 - 1.
Prothon ary
•
CHRISTINA CREECH, IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA
v. : CIVIL ACTION NO. 2013-1652
ERIC KELLER AND /rico
STEPHANIE KELLER, -
z—
Defendants -‹*> co —
CERTIFICATE OF SERVICE
hereby certify that on April 18, 2013, I, Bret P. Shaffer, Esquire,of Baric Scherer LLC,
did serve a copy of the Praecipe to Strike Appeal, by first class U.S. mail,postage prepaid, to the
party listed below as follows:
Christina L. Creech
116 Old Town Road
Gardners, PA 17324
Bret P. Shaffer,Esquire
VERIFICATION
The undersigned does hereby verify, subject to the penalties of 18 Pa. C.S.A. § 4904,
relating to unsworn falsification to authorities, that the facts and circumstances set forth in this
Petition to Reinstate Appeal are true and correct to the best of her knowledge, information, and
belief.
Date: I-4 3D I 13 , 2013 ginAitctie, 6.9.12,c.K Christina L. Creech
CHRISTINA CREECH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION--IN LAW
: No. 13-1652
ERIC KELLER AND
STEPHANIE KELLER
Defendants •
CERTIFICATE OF SERVICE
I, Douglas C. Lovelace, Jr., attorney for Plaintiff, Christina Creech, hereby certify that on
Apri130, 2013, I served a true and correct copy of the foregoing Plaintiff's Petition to Reinstate
Appeal, upon the below named individual by depositing the same in the United States mail, first
class,postage prepaid, at Carlisle, Cumberland County, Pennsylvania.
SERVED UPON:
Bret P. Shaffer, Esquire
Baric Scherer, LLC
19 West South Street
Carlisle, PA 17013
Attorney for Defendants
1.4(1/ 1‘0-
Douglas C. Lovelace, Jr., Esquire
Attorney Identification Number: 83889
36 Donegal Drive
Carlisle, PA 17013
(717)385-1866
Attorney for Plaintiff
`E0'0j"FtCvr.
DOUGLAS C. LO VELACE, JR., Esquire c T,!�
Attorney I.D. No. 83889
2 ' 0 -
36 Donegal Drive
Carlisle, PA 17013 CUMBERLAND COUNTY
(71.7) 385-1866 PENNSYLVANIA
CHRISTINA CREECH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION--IN LAW
No. 13-1652
ERIC KELLER AND
STEPHANIE KELLER
Defendants
PRAECIPE TO ENTER APPEARANCE
To The Prothonotary:
Kindly enter my appearance as attorney for Plaintiff, Christina Creech, in the above
captioned matter.
Date: � �� , 2013 (' `
DOUGLAS C. LOVELACE, JR., Esquire
Attorney I.D. No. 83889
36 Donegal Drive
Carlisle, PA 17013
(717)385-1866
Attorney for Plaintiff
CHRISTINA CREECH,
Plaintiff ,odeI
V. 4
IN THE COURT OF COMMON PLEAS
OF THE NINTH JUDICIAL DISTRICT
ERIC KELLER AND STEPHANIE
KELLER,
Defendants 2013-01652 CIVIL TERM
IN RE: PLAINTIFF'S PETITION TO REINSTATE APPEAL
ORDER OF COURT
AND NOW, this day of May 2013, upon consideration of Plaintiff's Petition
to Reinstate Appeal, a RULE is issued upon Defendants to show cause why the relief
requested should not be granted.
PLAINTIFF shall effectuate service of this Rule upon Defendants. Proof of
service must be filed prior to the court entertaining a motion to make rule absolute.
RULE RETURNABLE twenty (20) days from the date of service by Plaintiff.
TH
Thomas A. Placey C.P.J.
Distribution:
Br t P. Shaffer, Esq.
Douglas C. Lovelace, Jr., Esq. aa
FR2 is r.n
CIO
vo j
CHRISTINA CREECH, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
2013-1652 CIVIL TERM
ERIC KELLER AND STEPHANIE
KELLER,
Defendants
�f r3 :fin 9
NOTICE TO PLEAD
To: Douglas C. Lovelace, Esquire M
36 Donegal Drive
Carlisle, Pennsylvania 17013
You are hereby notified that you have twenty (20) days in which to plead to the enclosed
Answer Of Eric and Stephanie Keller To Plaintiff's Petition To Reinstate Appeal or a Default
Judgment may be entered against you.
BARIC SCHERER LLC
Date: May 29, 2013 Bret P. Shaffer, Esquire
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Y
' a
CHRISTINA CREECH, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. 2013-1652 CIVIL TERM
ERIC KELLER AND STEPHANIE
KELLER,
Defendants
ANSWER OF ERIC AND STEPHANIE KELLER TO
PLAINTIFF'S PETITION TO REINSTATE APPEAL
AND NOW, come Defendants Eric and Stephanie Keller, by and through their attorneys,
Baric Scherer LLC, and file this Answer of Eric and Stephanie Keller to Plaintiff's Petition to
Reinstate Appeal, setting forth as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted that Plaintiff Creech's complaint was filed on April 17, 2013, at
approximately 4:03 p.m., as shown by Plaintiff s Exhibit B.
5. Admitted that the Praecipe to Strike Appeal was filed on April 17, 2013, at
approximately 9:19 a.m., as shown by Plaintiff s Exhibit C.
6. Admitted.
7. Admitted that Plaintiff failed to file her complaint within the twenty days required
by the Pa.R.C.P. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of whether Plaintiff had previously
contacted an attorney for instruction and advice, and the same is therefore denied. After
reasonable investigation, Defendants are without knowledge or information sufficient to form a
belief as to the truth of whether Plaintiff did not accurately understand the counting rules of the
Pa.R.C.P., and the same is therefore denied.
8. Denied. Defendants will be prejudiced by the continuation of this action,
specifically the time, energy and attorney fees involved in defending an appeal already stricken.
9. Admitted.
10. Admitted.
11. Admitted that no attorney has previously entered an appearance on this matter.
After reasonable investigation, Defendants are without knowledge or information sufficient to
form a belief as to the truth of whether Plaintiff had previously contacted an attorney for
instruction and advice, and the same is therefore denied. After reasonable investigation,
Defendants are without knowledge or information sufficient to form a belief as to the truth of
whether Plaintiff did not accurately understand the counting rules of the Pa.R.C.P., and the same
is therefore denied. Admitted that Plaintiff filed her complaint one day after the time allowed for
filing. Denied that Defendants will not be prejudiced by reinstatement of Plaintiff's appeal.
Denied that justice would be best served if Plaintiff's appeal were reinstated.
NEW MATTER
12. Paragraphs 1 through 11 are incorporated by reference as if set forth in full herein.
13. Pa.R.C.P.D.J. 1004(A) states that where "the appellant was the claimant in the
action before the magisterial district judge, [s]he shall file a complaint within twenty(20)days
after filing h[er] notice of appeal."
14. Pa.R.C.P.D.J. 1006 ("Rule 1006") states, "Upon failure of the appellant to comply
with Rule 1004A . . ., the prothonotary shall, upon praecipe of the appellee, mark the appeal
stricken from the record. The court of common pleas may reinstate the appeal upon good cause
shown."
15. The note to Rule 1006 states, "This rule is intended to provide sanctions for
failing to act within the time limits prescribed."
16. The Pennsylvania Superior Court, in Friedman v. Lubeeki, 362 Pa. Super. 499,
524 A.2d 987, 990 (Pa. Super. Ct. 1987), described the purpose of Rule 1006 as being "to punish
an appellant for failure to file [her] Complaint pursuant to Rule 1004 A."
17. Plaintiff has not demonstrated good cause to have her appeal reinstated in light of
the purpose of Rule 1006.
WHEREFORE, Defendants respectfully request that this honorable Court deny Plaintiff's
Petition to Reinstate Appeal.
Respectfully submitted,
BARIC SCHERER LLC
Date:
Bret P. Shaffer, Esquire
I.D.# 309180
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Defendants
VERIFICATION OF ERIC KELLER
I verify that the statements made in the foregoing Answer 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: �-�U
Eric Keller
VERIFICATION OF STEPHANIE KELLER
I verify that the statements made in the foregoing Answer 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: JC-)-7
Stephanie Keller
CERTIIFICATE OF SERVICE
I hereby certify that on May 42-1,} , 2013 I, Bret P. Shaffer, Esquire of Baric Scherer
LLC, did serve a copy of the Answer of Eric and Stephanie Keller to Plaintiff s Petition to
Reinstate Appeal, by first class U.S. mail,postage prepaid, to the following party:
Douglas C. Lovelace, Jr., Esquire
36 Donegal Drive
Carlisle, PA 17013
Attorney for Plaintiff
Bret 45. Shaffer, squire
J'
CHRISTINA CREECH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION--IN LAW
No. 13-1652
ERIC KELLER AND
STEPHANIE KELLER
Defendants
PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER IN RESPONSE TO
PLAINTIFF'S PETITION TO REINSTATE APPEAL
AND NOW, Plaintiff Christina Creech, by her undersigned attorney, files this Reply to
Defendants'New Matter and avers as follows:
12. Paragraphs 1-11 of Plaintiff's Petition to Reinstate Appeal are incorporated by
C"") r, C.
reference, as if set forth herein at length. C=
zrn � M-
13. Admitted. N = -{r
14. Admitted.
DC-)
:ZCD --
15. Admitted. A cz. x-
16. Denied, as stated. Plaintiff agrees that Pa. R.C.P. 1006 is designed to punish an
appellant and his counsel when their negligent conduct led to the untimely filing of the appeal.
However, the Pennsylvania Supreme Court has stated that "where an appeal is not timely
because of non-negligent circumstances, either as they relate to appellant or his counsel, and the
appeal is filed within a short time after the appellant or his counsel learns of and has an
opportunity to address the untimeliness, and the time period which elapses is of very short
duration, and appellee is not prejudiced by the delay, the court may allow an appeal nunc pro
tunc." Cook v. Unemployment Compensation Board of Review, 543 Pa. 381, 384-385; 671 A.2d
1130, 1131 (1996). Mistakenly believing the counting rule for filing her appeal did not include
weekends, Plaintiff filed her appeal one day after the time allowed for filing. Defendants aver no
r
undue prejudice resulting from the one-day delay. Defendants aver only the normal time energy
and attorney fees involved in defending the action, were it reinstated, and such does not
constitute undue prejudice
WHEREFORE, Plaintiff respectfully requests that this honorable Court reinstate
Plaintiff's appeal and allow this action to proceed.
Date:
DOUGLAS C. LOVELACE, JR., Esquire
Attorney for the Plaintiff
Attorney Identification Number: 83889
36 Donegal Drive
Carlisle, PA 17013
(717) 385-1866
2
VERIFICATION
The undersigned does hereby verify, subject to the penalties of 18 Pa. C.S.A. § 4904,
relating to unsworn falsification to authorities, that the facts and circumstances set forth in the
foregoing document are true and correct to the best of her knowledge, information, and belief.
Date: 7`�3 , 2013
Christina L. Creech
e
CHRISTINA CREECH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION--IN LAW
No. 13-1652
ERIC KELLER AND
STEPHANIE KELLER
Defendants
CERTIFICATE OF SERVICE
I, Douglas C. Lovelace, Jr., attorney for Plaintiff, Christina Creech, hereby certify that on
June 0, 2013, I served a true and correct copy of the foregoing Plaintiff's Reply to Defendants'
New Matter, upon the below named individual by depositing the same in the United States mail,
first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania.
SERVED UPON:
Bret P. Shaffer, Esquire
Baric Scherer, LLC
19 West South Street
Carlisle, PA 17013
Attorney for Defendants
Douglas C. Lovelace, Jr., Esquire
Attorney Identification Number: 83889
36 Donegal Drive
Carlisle, PA 17013
(717) 385-1866
Attorney for Plaintiff
CHRISTINA CREECH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION No. 2013-1652
ERIC KELLER AND STEPHANIE
KELLER,
Defendants
PRAECIPE TO TRANSMIT RECORD
N)
c.70
To the Prothonotary:
Kindly transmit the record in this matter to the Honorable Judge Thomas A. Placey for
disposition pursuant to Pa. R. Civ. P. 206.7.
Respectfully submitted,
BARIC SCHERER LLC
Bret P. Shaffer, Esquire
PA Atty. No. 309180
19 West South Street
Carlisle, PA 17013
Telephone: (717) 249-6873
Fax: (717) 249-5755
Attorney for Defendants
CHRISTINA CREECH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION No. 2013-1652
ERIC KELLER AND STEPHANIE
KELLER,
Defendants
CERTIFICATE OF SERVICE
I hereby certify that on April 7, 2014, I, Bret P. Shaffer, Esquire of Baric Scherer
LLC, did serve a copy of the foregoing Praecipe to Transmit Record, by first class U.S. mail,
postage prepaid, to the following:
Douglas C. Lovelace, Jr., Esquire
36 Donegal Drive
Carlisle, PA 17013
Attorney for Plaintiff
Bret P. Shaffer, squire
ILEO-OFF:E.
THE PROTHO C)i f
1 �
MAY 20 AM 10 ;
CUMBERLAND COUNTY
PENNSYLVANIA
CHRISTINA CREECH,
Plaintiff/Appellant
v.
ERIC KELLER and STEPHANIE
KELLER,
Defendants/Appellees
eonntp of lambert nb
IN THE COURT OF COMMON PLEAS
OF THE NINTH JUDICIAL DISTRICT
2013-01652 CIVIL TERM
IN RE: PLAINTIFF'S PETITION TO REINSTATE APPEAL AND DEFENDANTS'
ANSWER THERETO
ORDER OF COURT
AND NOW, this 20th day of May 2014, upon consideration of Plaintiff's Petition to
Reinstate Appeal and the Answer of Eric and Stephanie Keller to Plaintiff's Petition to
Reinstate Appeal, it is hereby ORDERED that Plaintiff's Petition is GRANTED.
As noted by our Superior Court, the rules of procedure should be liberally
construed such that an appeal should be reinstated when there has been no showing of
prejudice resulting from the failure to comply strictly with the rules and there has been
good cause shown. See Delverme v. Pavlinsky, 592 A.2d 746, 748 (1991). Here, as in
Delverme, the notice of appeal was timely filed and served, and the lawsuit is based on
a simple set of facts previously presented at the District Court level so appellee knew
what to expect in the complaint. With the complaint filed only one day later, Appellees
would suffer no prejudice beyond the time and money expended expected in defending
the action. Appellant has shown good cause for the failure to comply with the rules in
that she was originally unrepresented and her mistake as to the deadline was
reasonable under the circumstances.
Di tribution:
Bret P. Shaffer, Esq.
...Douglas C. Lovelace, Jr., Esq.
e', es /TZaLLL,
BY THE COURT
Thomas A. PI cey C.P.J.
CHRISTINA CREECH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION—IN LAW
ERIC KELLER AND STEPHANIE : No. 2013-1652
KELLER,
Defendants
NOTICE TO PLEAD
To: Douglas C. Lovelace, Esquire
36 Donegal Drive
Carlisle, Pennsylvania 17013
You are hereby notified that you have twenty (20) days in which to plead to the enclosed
Answer of Eric and Stephanie Keller or a Default Judgment may be entered against you.
Date: June 1 , 2014
BARIC SCHERER LLC
Bret P. Shaffer, Esquire
PA Atty. No. 309180
19 West South Street
Carlisle, PA 17013
Telephone: (717) 249-6873
Fax: (717) 249-5755
Attorney for Defendants
CHRISTINA CREECH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION—IN LAW
ERIC KELLER AND STEPHANIE : No. 2013-1652
KELLER,
Defendants
ANSWER OF ERIC AND STEPHANIE KELLER
NOW COME Defendants, Eric and Stephanie Keller, by and through their attorneys,
Baric Scherer LLC, and file this Answer to the Complaint of Christina Creech, averring as
follows:
1. Admitted upon information and belief.
2. Denied. Defendant Eric Keller is an individual residing at 687 S. Middlesex
Road, Carlisle, Cumberland County, Pennsylvania 17015; Defendant Stephanie Keller is an
individual residing at 644 Holly Pike, Mount Holly Springs, Cumberland County, Pennsylvania
17065.
3. Admitted in part and denied in part. It is denied that there was a contract between
Plaintiff and Defendants or between Plaintiff and either Defendant individually as to the comic
books. By way of further answer, Plaintiff made a gift of the comic collection to Defendant Eric
Keller. It is further denied that there was a contract between Plaintiff and Defendants or between
Plaintiff and either Defendant individually as to the toys and sports cards. Rather, Defendant
Eric Keller, as a courtesy to Plaintiff, offered to help Plaintiff sell the toy and sports card
collection, keeping from the money recognized only his costs for facilitating the sale. It is
admitted that, in assisting Plaintiff with the sale of the toy and sports card collection, Defendant
Eric Keller would have established a monetary value as to the toy and sports card collection
only. After reasonable investigation, the Defendants are without knowledge or information
sufficient to form a belief as to the truth of whether Plaintiffs state of mind was such that she
trusted either of the Defendants or the parents of either Defendant.
4. Denied. It is denied that there was a contract between Plaintiff and Defendants or
between Plaintiff and either Defendant individually as to the comic books. It is further denied
that there was a contract between Plaintiff and Defendants or between Plaintiff and either
Defendant individually as to the toys and sports cards. It is denied that either Defendant failed to
make any payment allegedly due. It is denied that either Defendant failed to return any property
allegedly due back to Plaintiff. By way of further answer, the comic books and any toys and
sports cards not sold were either returned to Plaintiff or destroyed at Plaintiff s request. If toys
or sports cards were sold, the profit was returned to Plaintiff.
5. Admitted in part and denied in part. Defendant Eric Keller removed certain
comic books, toys and sports cards from 116 Old Town Road, Gardners, Pennsylvania, 17324,
with Plaintiff's permission, on or around August 1, 2012, through August 4, 2012. After
reasonable investigation, Defendants are without knowledge or information sufficient to form a
belief as to the truth of exactly how many boxes and exactly how many totes were removed. It is
denied that there was any contract between Plaintiff and Defendants or between Plaintiff and
either Defendant individually as to the comics. By way of further answer, Plaintiff made a gift
of the comic collection to Defendant Eric Keller. It is further denied that there was a contract
between Plaintiff and Defendants or between Plaintiff and either Defendant individually as to the
toys and sports cards. Rather, Defendant Eric Keller, as a courtesy to Plaintiff, offered to help
Plaintiff sell the toy !and sports card collection, keeping from the money recognized only his
costs for facilitating the sale. It is admitted that, in assisting Plaintiff with the sale of the toy and
sports card collection, Defendant Eric Keller would have established a monetary value as to the
toy and sports card collection only. It is denied that Defendant Stephanie Keller participated in
the removal of any items from Plaintiff's property. It is denied that Defendant Stephanie Keller
participated in the valuation or sale of any items removed from Plaintiff's property. It is denied
that Defendant Stephanie Keller had any such verbal communications with Plaintiff as Plaintiff
describes.
6. Admitted in part and denied in part. It is admitted that Defendant Eric Keller
provided Plaintiff with the profits from the sale of any toys and sports cards. The profits, given
to Plaintiff on a roughly weekly basis, for several weeks, amounted to approximately $1,200.00
in the aggregate. It is admitted these amounts constituted the profit recognized after Defendant
Eric Keller's costs for selling some of the toys and sports cards. It is denied that Defendant
Stephanie Keller made any payment to Plaintiff. After reasonable investigation, Defendants are
without knowledge or information sufficient to form a belief as to the truth of the exact amounts
given to Plaintiff on any particular day.
7. Denied. By way of further answer, the unsold toys and sports cards were returned
to Plaintiff.
8. Admitted in part and denied in part. It is denied that either Defendant informed
Plaintiff on or about August 10, 2012, that either Defendant wanted to purchase the entire comic
collection. It is further denied that either Defendant informed Plaintiff of the same for the
purpose of opening a comic store. It is admitted that Defendant Eric Keller is an avid comic
reader and collector. It is denied that Defendant Stephanie Keller is an avid comic reader or
collector.
9. It is denied that either Defendant informed Plaintiff that the comic collection
alone has a monetary value of $6,000.00 or more. It is denied that either Defendant
communicated to Plaintiff that either Defendant would trade a car valued at $7,000.00 in
exchange for the comic collection. By way of further answer, some time after Plaintiff gifted the
comic collection to Defendant Eric Keller, Defendant Eric Keller spoke to Plaintiff about
potentially gifting to Plaintiff a vehicle worth, at the time, approximately $5,000.00.
10. It is denied that there was a contract between Plaintiff and Defendants or between
Plaintiff and either Defendant individually as to the comic books. By way of further answer,
Plaintiff made a gift of the comic collection to Defendant Eric Keller. It is further denied that
there was a contract between Plaintiff and Defendants or between Plaintiff and either Defendant
individually as to the toys and sports cards. Rather, Defendant Eric Keller, as a courtesy to
Plaintiff, offered to help Plaintiff sell the toy and sports card collection, keeping from the money
recognized only his costs for facilitating the sale. It is denied that either Defendant agreed to
purchase any part of the comic collection and/or the toy and sports card collection. By way of
further answer, after Plaintiff had already gifted to Defendant Eric Keller the comic book
collection, Defendant Eric Keller offered to gift to Plaintiff a car he would otherwise have traded
in on the purchase of a new vehicle. Plaintiff did not accept the gift.
11. It is denied that there was a contract between Plaintiff and Defendants or between
Plaintiff and either Defendant individually as to the comic books. By way of further answer,
Plaintiff made a gift of the comic collection to Defendant Eric Keller. It is further denied that
there was a contract between Plaintiff and Defendants or between Plaintiff and either Defendant
individually as to the toy and sports card collection. Rather, Defendant Eric Keller, as a courtesy
to Plaintiff, offered to help Plaintiff sell the toy and sports card collection, keeping from the
money recognized only his costs for facilitating the sale. It is denied that either Defendant
consented to pay $5,000.00 to Plaintiff for the entire comic, toy and sports card collections.
12. Admitted in part and denied in part. It is admitted that Defendant Eric Keller, at
some point, responded to Plaintiff's demands for money by stating that he would not be paying
Plaintiff any amount of money, whether $5,000.00 or otherwise. It is denied that Defendant
Stephanie Keller had any such communication with Plaintiff. It is admitted that Defendants Eric
Keller and Stephanie Keller returned some comic books to Plaintiff on or about September 6,
2012. Some comic books had already been destroyed by Defendant Eric Keller at the request of
Plaintiff. Several comic books were retained by Defendants as evidence of the water damage
and mold. It is admitted that the comic books were returned because they were a health hazard,
having incurred water damage and become infested with mold while still in Plaintiffs
possession. After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth of whether any of the comics could have been sold,
although most had incurred water damage and become infested with mold. It is admitted that
none of the comics were sold. Furthermore, Plaintiff did not disclose to either Defendant the
condition of the comic books at the time the comic books were gifted by Plaintiff to Defendant
Eric Keller.
NEW MATTER
13. Paragraphs 1 through 12 are incorporated by reference as though set forth fully
herein.
14. Plaintiff made a gift of the comic collection to Defendant Eric Keller.
15. Separate and apart from the gift of the comic collection, Defendant Eric Keller, as
a courtesy to Plaintiff, offered to help Plaintiff sell the toy and sports card collection, keeping
from the money recognized only his costs for facilitating the sale.
16. Defendant Eric Keller provided Plaintiff with the profits from those toys and
sports cards that sold, retaining only that money from the sale to cover his own costs of sale.
17. Defendant Eric Keller provided Plaintiff with approximately $1,200.00 from
those toys and sports cards sold.
18. By providing the profits from those toys and sports cards that sold to Plaintiff and
by returning any unsold toys and sports cards to Plaintiff, Defendant has paid any money that is
allegedly owed to Plaintiff in regard to the toys and sports cards.
19. At various times, Plaintiff directed Defendant Eric Keller to destroy some or all of
the comic books.
20. Plaintiff did not want the comic books and simply wanted them removed from her
property; her intent was not to sell or trade them.
21. The comic books were returned to Plaintiff because they were a health hazard,
having incurred water damage and become infested with mold.
22. The comic books had incurred the water damage and become infested with mold
while still in Plaintiff's possession and prior to Defendant Eric Keller removing them from
Plaintiff's residence.
23. Plaintiff did not disclose the condition of the comic books to either Defendant
prior to gifting them to Defendant Eric Keller.
24. At some time subsequent to the gifting by Plaintiff of the comic collection to
Defendant Eric Keller, Defendant Eric Keller spoke to Plaintiff about potentially gifting to
Plaintiff a vehicle worth, at the time, approximately $5,000.00.
25. Plaintiff refused the gift of the vehicle.
26. Defendant Eric Keller then offered to gift to Plaintiff any proceeds she would
recognize on a sale of Eric Keller's vehicle.
27. Defendant Eric Keller determined not to gift anything to Plaintiff after learning of
the water and mold damage to the comic books.
28. By gifting the comic collection to Defendant Eric Keller, Plaintiff did consent to
Eric Keller having and using the comic collection for whatever purpose.
29. Should it be determined that a contract existed between the parties, the damage to
the comic books while in Plaintiff's possession constitutes a failure of consideration.
WHEREFORE, Defendants Eric Keller and Stephanie Keller respectfully request that
judgment be entered in favor of Defendants and against Plaintiff.
Respectfully submitted,
BARIC SCHERER LLC
Bret 4. Shaffer, Esquire
PA Atty. No. 309180
19 West South Street
Carlisle, PA 17013
Telephone: (717) 249-6873
Fax: (717) 249-5755
Attorney for Defendants
VERIFICATION OF ERIC KELLER
I verify that the statements made in the foregoing Answer of Eric and Stephanie Keller
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: VO
Eric Keller
VERIFICATION OF STEPHANIE KELLER
I verify that the statements made in the foregoing Answer of Eric and Stephanie Keller
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:
CHRISTINA CREECH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION—IN LAW
ERIC KELLER AND STEPHANIE : No. 2013-1652
KELLER,
Defendants
CERTIFICATE OF SERVICE
I, hereby certify that on June °( , 2014, I, Bret P. Shaffer, Esquire of Baric Scherer
LLC, did serve a copy of the foregoing Answer of Eric and Stephanie Keller, by first class U.S.
mail, postage prepaid, to the following:
Douglas C. Lovelace, Jr., Esquire
36 Donegal Drive
Carlisle, PA 17013
Attorney for Plaintiff
Respectfully submitted,
BARIC SCHERER LLC
Bret P. Shaffer, Esquire
PA Atty. No. 309180
19 West South Street
Carlisle, PA 17013
Telephone: (717) 249-6873
Fax: (717) 249-5755
Attorney for Defendants
Sheri D. Coover, Esquire
Scaringi & Scaringi, P.C.
44 S. Hanover Street
Carlisle, PA 17013
(717) 960-0075 (telephone)
sheri@scaringilaw.com
THE PRU i'i iONO t:
Z0iL1 JUN 19 PH 2: ±i,r
CUMBERLAND COUNTY
PENNSYLVANIA
STARR L. HURLEY,
Plaintiff
v.
SHAWN HURLEY,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: CASE NO. 2013-1659
: IN DIVORCE AND CUSTODY
ACCEPTANCE OF SERVICE
I, Shawn Hurley hereby certify that I accepted service of the Divorce Complaint
filed in the above captioned matter on March 28, 2013.
Shawn Hurley
Mach c).01
3
Date
STARR L. HURLEY
VS.
SHAWN HURLEY
To the Prothonotary:
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
No. 2013-1659 CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
Transmit the record, together with the following information, to the court for entry of a divorce �4a
decree: c.
mcz3 C.
1. Ground for divorce: =
rri CT.
Irretrievable breakdown under § (3301(c)) and 5r
§ (3301(d)(1)) of the Divorce Code. �`.D
'
(Strike out inapplicable section.) {= -n
2. Date and manner of service of the complaint:
Defendant signed Acceptance of Service on March 28, 2013. r• .o
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by § 3301(c) of the
Divorce code:
by piaintiff4/17/2014 ; by defendant 3/20/2014
(b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code:
(2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the
respondent opposing party:
4. Related claims pending:
5. Complete either (a) or (b)
(a) Date and manner of service of the notice of intention to file praecipe to transmit
record, a copy of which is attached:
(b) Date plaintiff's Waiver of Notice was filed with the Prothonotary:
April 18, 2014
Date defendant's Waiver of Notice was filed with the Prothonotary:
April 15, 2014
o , ey for Plaintiff/Defendant
CHRISTINA CREECH,
: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION—IN LAW
ERIC KELLER AND STEPHANIE : No. 2013-1652
KELLER,
Defendants
MOTION FOR JUDGMENT ON THE PLEADINGS
PURSUANT TO Pa.R.C.P. 1034
ra
NOW COME Defendants, Eric Keller and Stephanie Keller, by and through their
attorneys, Baric Scherer LLC, and file this Motion for Judgment on the Pleadings Pursuant to
Pa.R.C.P. 1034, setting forth the following:
1. This matter concerns an appeal from the decision of a Magisterial District Justice.
2. The appeal was previously marked stricken, on April 17, 2013, for failure of
Plaintiff to file a Complaint in support thereof.
3. Later the same day, Plaintiff filed a Complaint.
4. Subsequently, Plaintiff filed a Petition to Reinstate Appeal on April 30, 2013, and
this Court granted said Petition on May 20, 2014.
5. Thereafter, Defendants filed an Answer and New Matter (a true and correct copy
of which is attached hereto as Exhibit "A"), including affirmative defenses, and served the same,
which included a Notice to Plead, upon Plaintiffs counsel of record.
6. Plaintiff has not responded to the Answer and New Matter within twenty days.
7. This Court should therefore deem the facts and affirmative defenses set forth in
Defendants' new matter admitted.
8. The facts that should be deemed admitted include, but are not limited to:
(a) that the comic collection was gifted by Plaintiff to Defendant Eric Keller;
(b) that Defendant Eric Keller sold toys and sports cards for Plaintiff,
providing Plaintiff with any profits after his costs of sale, per their understanding, thus fulfilling
any alleged contract between the parties;
(c) that the comic collection gifted to Defendant Eric Keller by Plaintiff was
water -damaged and mold -infested, facts that were not disclosed to Defendant Eric Keller;
(d) that Defendant Eric Keller spoke to Plaintiff about potentially gifting to
Plaintiff either a vehicle, or any proceeds from the sale of a vehicle, owned by Defendant Eric
Keller;
(e) that Plaintiff refused the gift of the vehicle;
(f) that Plaintiff consented to Defendant Eric Keller having and using the
comic collection for whatever purpose;
(g)
that, even if a contract did exist between the parties in relation to the
comic books, the damage to the comic books while in Plaintiffs possession constitutes a failure
of consideration;
(h) that Defendant Stephanie Keller is in no way involved in any gift or other
transaction with Plaintiff or between Plaintiff and Defendant Eric Keller.
9. The affirmative defenses that should be deemed admitted include:
(a) that there was accord and satisfaction as to any agreement between the
parties for Defendant Eric Keller to provide Plaintiff with any proceeds from the sale of toys and
sports cards;
(b) that Plaintiff consented to Defendant having and using the comic
collection for whatever purpose;
(c) that, even if a contract did exist between the parties in relation to the
comic books, the damage to the comic books while in Plaintiff's possession constitutes a failure
of consideration.
(d) that there was both payment and release under any purported contract;
10. Once admitted, the facts and affirmative defenses set forth in Defendants' New
Matter render the Complaint of Plaintiff moot.
WHEREFORE, Defendants Eric Keller and Stephanie Keller respectfully request this
Honorable Court grant judgment on the pleadings in favor of Defendants and against Plaintiff,
dismiss Plaintiff's Complaint with prejudice or grant such other relief as the Court deems proper
and just.
Date: July 3 , 2014
Respectfully submitted,
BARIC SCHERER LLC
Bret P. Sl'faffer, Esquire
PA Atty. No. 309180
19 West South Street
Carlisle, PA 17013
Telephone: (717) 249-6873
Fax: (717) 249-5755
Attorney for Defendants
CHRISTINA CREECH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION—IN LAW
ERIC KELLER AND STEPHANIE : No. 2013-1652
KELLER,
Defendants
CERTIFICATE OF SERVICE
I, hereby certify that on July 3, 2014, I, Bret P. Shaffer, Esquire of Baric Scherer
LLC, did serve a copy of the foregoing Motion for Judgment on the Pleadings Pursuant to
Pa.R.C.P. 1034, by first class U.S. mail, postage prepaid, upon the following:
Douglas C. Lovelace, Jr., Esquire
36 Donegal Drive
Carlisle, PA 17013
Attorney for Plaintiff
Respectfully submitted,
BARIC SCHERER LLC
Bret Sh. er, Es. ire
PA Atty. o. 309180
19 West South Street
Carlisle, PA 17013
Telephone: (717) 249-6873
Fax: (717) 249-5755
Attorney for Defendants
EXHIBIT "A"
CHRISTINA CREECH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
ERIC KELLER AND STEPHANIE
: CIVIL ACTION -1N LAW
: No. 2013-1652
Cs.
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To: Douglas C. Lovelace, Esquire
36 Donegal Drive
Carlisle, Pennsylvania 17013
You are hereby notified that you have twenty (20) days in which to plead to the enclosed
Answer of Eric and Stephanie Keller or a Default Judgment may be entered against you.
Date: June
, 2014
BARIC SCHERER LLC
Bret P. Shaffer, Esquire
PA Atty. No. 309180
19 West South Street
Carlisle, PA 17013
Telephone: (717) 249-6873
Fax: (717) 249-5755
Attorney for Defendants
CHRISTINA CREECH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION—IN LAW
ERIC KELLER AND STEPHANIE : No. 2013-1652
KELLER,
Defendants
ANSWER OF ERIC AND STEPHANIE KELLER
NOW COME Defendants, Eric and Stephanie Keller, by and through their attorneys,
Baric Scherer LLC, and file this Answer to the Complaint of Christina Creech, averring as
follows:
1. Admitted upon information and belief.
2. Denied. Defendant Eric Keller is an individual residing at 687 S. Middlesex
Road, Carlisle, Cumberland County, Pennsylvania 17015; Defendant Stephanie Keller is an
individual residing at 644 Holly Pike, Mount Holly Springs, Cumberland County, Pennsylvania
17065.
3. Admitted in part and denied in part. It is denied that there was a contract between
Plaintiff and Defendants or between Plaintiff and either Defendant individually as to the comic
books. By way of further answer, Plaintiff made a gift of the comic collection to Defendant Eric
Keller. It is further denied that there was a contract between Plaintiff and Defendants or between
Plaintiff and either Defendant individually as to the toys and sports cards. Rather, Defendant
Eric Keller, as a courtesy to Plaintiff, offered to help Plaintiff sell the toy and sports card
collection, keeping from the money recognized only his costs for facilitating the sale. It is
admitted that, in assisting Plaintiff with the sale of the toy and sports card collection, Defendant
Eric Keller would have established a monetary value as to the toy and sports card collection
only. After reasonable investigation, the Defendants are without knowledge or information
sufficient to form a belief as to the truth of whether Plaintiffs state of mind was such that she
trusted either of the Defendants or the parents of either Defendant.
4. Denied. It is denied that there was a contract between Plaintiff and Defendants or
between Plaintiff and either Defendant individually as to the comic books. It is further denied
that there was a contract between Plaintiff and Defendants or between Plaintiff and either
Defendant individually as to the toys and sports cards. It is denied that either Defendant failed to
make any payment allegedly due. It is denied that either Defendant failed to return any property
allegedly due back to Plaintiff. By way offurther answer, the comic books and any toys and
sports cards not sold were either returned to Plaintiff or destroyed at Plaintiff's request. If toys
or sports cards were sold, the profit was returned to Plaintiff.
5. Admitted in part and denied in part. Defendant Eric Keller removed certain
comic books, toys and sports cards from 116 Old Town Road, Gardners, Pennsylvania, 17324,
with Plaintiff's permission, on or around August 1, 2012, through August 4, 2012. After
reasonable investigation, Defendants are without knowledge or information sufficient to form a
belief as to the truth of exactly how many boxes and exactly how many totes were removed. It is
denied that there was any contract between Plaintiff and Defendants or between Plaintiff and
either Defendant individually as to the comics. By way of further answer, Plaintiff made a gift
of the comic collection to Defendant Eric Keller. It is further denied that there was a contract
between Plaintiff and Defendants or between Plaintiff and either Defendant individually as to the
toys and sports cards. Rather, Defendant Eric Keller, as a courtesy to Plaintiff, offered to help
Plaintiff sell the toy :and sports card collection, keeping from the money recognized only his
costs for facilitating the sale. It is admitted that, in assisting Plaintiff with the sale of the toy and
sports card collection, Defendant Eric Keller would have established a monetary value as to the
toy and sports card collection only. It is denied that Defendant Stephanie Keller participated in
the removal of any items from Plaintiffs property. It is denied that Defendant Stephanie Keller
participated in the valuation or sale of any items removed from Plaintiff's property. It is denied
that Defendant Stephanie Keller had any such verbal communications with Plaintiff as Plaintiff
describes.
6. Admitted in part and denied in part. It is admitted that Defendant Eric Keller
provided Plaintiff with the profits from the sale of any toys and sports cards. The profits, given
to Plaintiff on a roughly weekly basis, for several weeks, amounted to approximately $1,200.00
in the aggregate. It is admitted these amounts constituted the profit recognized after Defendant
Eric Keller's costs for selling some of the toys and sports cards. It is denied that Defendant
Stephanie Keller made any payment to Plaintiff. After reasonable investigation, Defendants are
without knowledge or information sufficient to form a belief as to the truth of the exact amounts
given to Plaintiff on any particular day.
7. Denied. By way of further answer, the unsold toys and sports cards were returned
to Plaintiff.
8. Admitted in part and denied in part. It is denied that either Defendant informed
Plaintiff on or about August 10, 2012, that either Defendant wanted to purchase the entire comic
collection. It is further denied that either Defendant informed Plaintiff of the same for the
purpose of opening a comic store. It is admitted that Defendant Eric Keller is an avid comic
reader and collector. It is denied that Defendant Stephanie Keller is an avid comic reader or
collector.
9. It is denied that either Defendant informed Plaintiff that the comic collection
alone has a monetary value of $6,000.00 or more. It is denied that either Defendant
communicated to Plaintiff that either Defendant would trade a car valued at $7,000.00 in
exchange for the comic collection. By way of further answer, some time after Plaintiff gifted the
comic collection to Defendant Eric Keller, Defendant Eric Keller spoke to Plaintiff about
potentially gifting to Plaintiff a vehicle worth, at the time, approximately $5,000.00.
10. It is denied that there was a contract between Plaintiff and Defendants or between
Plaintiff and either Defendant individually as to the comic books. By way of further answer,
Plaintiff made a gift of the comic collection to Defendant Eric Keller. It is further denied that
there was a contract between Plaintiff and Defendants or between Plaintiff and either Defendant
individually as to the toys and sports cards. Rather, Defendant Eric Keller, as a courtesy to
Plaintiff, offered to help Plaintiff sell the toy and sports card collection, keeping from the money
recognized only his costs for facilitating the sale. It is denied that either Defendant agreed to
purchase any part of the comic collection and/or the toy and sports card collection. By way of
further answer, after Plaintiff had already gifted to Defendant Eric Keller the comic book
collection, Defendant Eric Keller offered to gift to Plaintiff a car he would otherwise have traded
in on the purchase of a new vehicle. Plaintiff did not accept the gift.
11. It is denied that there was a contract between Plaintiff and Defendants or between
Plaintiff and either Defendant individually as to the comic books. By way of further answer,
Plaintiff made a gift of the comic collection to Defendant Eric Keller. It is further denied that
there was a contract between Plaintiff and Defendants or between Plaintiff and either Defendant
individually as to the toy and sports card collection. Rather, Defendant Eric Keller, as a courtesy
to Plaintiff, offered to help Plaintiff sell the toy and sports card collection, keeping from the
money recognized only his costs for facilitating the sale. It is denied that either Defendant
consented to pay $5,000.00 to Plaintiff for the entire comic, toy and sports card collections.
12. Admitted in part and denied in part. It is admitted that Defendant Eric Keller, at
some point, responded to Plaintiff's demands for money by stating that he would not be paying
Plaintiff any amount of money, whether $5,000.00 or otherwise. It is denied that Defendant
Stephanie Keller had any such communication with Plaintiff. It is admitted that Defendants Eric
Keller and Stephanie Keller returned some comic books to Plaintiff on or about September 6,
2012. Some comic books had already been destroyed by Defendant Eric Keller at the request of
Plaintiff. Several comic books were retained by Defendants as evidence of the water damage
and mold. It is admitted that the comic books were returned because they were a health hazard,
having incurred water damage and become infested with mold while still in Plaintiff's
possession. After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth of whether any of the comics could have been sold,
although most had incurred water damage and become infested with mold. It is admitted that
none of the comics were sold. Furthermore, Plaintiff did not disclose to either Defendant the
condition of the comic books at the time the comic books were gifted by Plaintiff to Defendant
Eric Keller.
NEW MATTER
13. Paragraphs 1 through 12 are incorporated by reference as though set forth fully
herein.
14. Plaintiff made a gift of the comic collection to Defendant Eric Keller.
15. Separate and apart from the gift of the comic collection, Defendant Eric Keller, as
a courtesy to Plaintiff, offered to help Plaintiff sell the toy and sports card collection, keeping
from the money recognized only his costs for facilitating the sale.
16. Defendant Eric Keller provided Plaintiff with the profits from those toys and
sports cards that sold, retaining only that money from the sale to cover his own costs of sale.
17. Defendant Eric Keller provided Plaintiff with approximately $1,200.00 from
those toys and sports cards sold.
18. By providing the profits from those toys and sports cards that sold to Plaintiff and
by returning any unsold toys and sports cards to Plaintiff, Defendant has paid any money that is
allegedly owed to Plaintiff in regard to the toys and sports cards.
19. At various times, Plaintiff directed Defendant Eric Keller to destroy some or all of
the comic books.
20. Plaintiff did not want the comic books and simply wanted them removed from her
property; her intent was not to sell or trade them.
21. The comic books were returned to Plaintiff because they were a health hazard,
having incurred water damage and become infested with mold.
22. The comic books had incurred the water damage and become infested with mold
while still in Plaintiff's possession and prior to Defendant Eric Keller removing them from
Plaintiffs residence.
23. Plaintiff did not disclose the condition of the comic books to either Defendant
prior to gifting them to Defendant Eric Keller.
24. At some time subsequent to the gifting by Plaintiff of the comic collection to
Defendant Eric Keller, Defendant Eric Keller spoke to Plaintiff about potentially gifting to
Plaintiff a vehicle worth, at the time, approximately $5,000.00.
25. Plaintiff refused the gift of the vehicle.
26. Defendant Eric Keller then offered to gift to Plaintiff any proceeds she would
recognize on a sale of Eric Keller's vehicle.
27. Defendant Eric Keller determined not to gift anything to Plaintiff after learning of
the water and mold damage to the comic books.
28. By gifting the comic collection to Defendant Eric Keller, Plaintiff did consent to
Eric Keller having and using the comic collection for whatever purpose.
29. Should it be determined that a contract existed between the parties, the damage to
the comic books while in Plaintiffs possession constitutes a failure of consideration.
WHEREFORE, Defendants Eric Keller and Stephanie Keller respectfully request that
judgment be entered in favor of Defendants and against Plaintiff.
Respectfully submitted,
BARIC SCHERER LLC
Bret 13. Shaffer, Esquire
PA Atty. No. 309180
19 West South Street
Carlisle, PA 17013
Telephone: (717) 249-6873
Fax: (717) 249-5755
Attorney for Defendants
VERIFICATION OF ERIC KELLER
I verify that the statements made in the foregoing Answer of Eric and Stephanie Keller
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: Vet/i q
VERIFICATION OF STEPHANIE KELLER
I verify that the statements made in the foregoing Answer of Eric and Stephanie Keller
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:
Stephanie Keller
CHRISTINA CREECH, : IN THE COURT OF COMMON PLEAS OF
. Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION—IN LAW
ERIC KELLER AND STEPHANIE : No. 2013-1652
KELLER,
Defendants
CERTIFICATE OF SERVICE
I, hereby certify that on June , 2014, I, Bret P. Shaffer, Esquire of Baric Scherer
LLC, did serve a copy of the foregoing Answer of Eric and Stephanie Keller, by first class U.S.
mail, postage prepaid, to the following:
Douglas C. Lovelace, Jr., Esquire
36 Donegal Drive
Carlisle, PA 17013
Attorney for Plaintiff
Respectfully submitted,
BARIC SCHERER LLC
Bret e , Esquire
PA Atty. No. 309180
19 West South Street
Carlisle, PA 17013
Telephone: (717) 249-6873
Fax: (717) 249-5755
Attorney for Defendants
CHRISTINA CREECH, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
v.
ERIC KELLER AND
STEPHANIE KELLER
Defendants
To the Prothonotary:
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION --IN LAW
: No. 13-1652
f.r
rn
r
PRAECIPE TO DISCONTINUEDISCONTcf) a
37 c-7'
cp
Please mark this action discontinued and ended, with prejudice, (upon payment of -our
+AA
costs only).
Respectfully submitted,
[ . /-
DOUGLAS C. LOVELACE, JR., Esquire
Attorney Identification Number: 83889
36 Donegal Drive
Carlisle, PA 17013
Attorney for the Plaintiff
(717) 385-1866
Dated: July /4 , 2014
David D. Buell, Prothonotary
BARIC SHERER, LLC
BRETT P. SHAFFER, Esquire
Attorney Identification Number: 309180
19 West South Street
Carlisle, PA 17013
Attorney for Defendants
July /04, 2014
CERTIFICATE OF SERVICE
I hereby certify that on July 10, 2014, I, Bret P. Shaffer, Esquire, of Baric Scherer LLC
did serve a copy of the Praecipe to Discontinue Action, by first class U.S. mail, postage prepaid,
to the party listed below, as follows:
Douglas C. Lovelace, Jr., Esquire
36 Donegal Drive
Carlisle, Pennsylvania 17013
Bret P. Shaffer, Esquire
I.D. 309180
19 West South Street
Carlisle, Pennsylvania 17013
Phone: (717) 249-6873
Fax: (717) 249-5755
bshaffer@baricscherer.com