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HomeMy WebLinkAbout14-6097 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM Cumberland MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. 7 6t 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. NAME OF APPELLANT MAG.DIST.NO. NAME OF MDJ G.V.M. Inc. MDJ-09-03-01 Honorable H. Anthony Adams ADDRESS OF APPELLANT CIN STATE ZIP CODE 374 Heidlersburg Road, Biglerville, PA 19307 DATE OF JUDGMENT ain en an 9/23/14 Cumberland Valley Rental �s G.V.M. Inc. DOCKET No. SIGNATURE OF�APPELLANT OR RNEY 0 J �A � X3`1� j MJ-09301 -CV-0000113-2014 (Zoef k „c 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 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 Cumberland Valley Rental appellee(s),to file a complaint in this appeal Name o/appell)wit (Common Pleas No. J/y/.� (/n_ (`//j�7 )within twenty(20)days after service of rule or suffer entry ofjudgmen of non pros. X 1 1 wtii(p 9�3 T Signature of1bppellant or attorney or agent RULE: To Cumberland Valley Rental ,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: JO /1'20 Vr ir'�t VAI n ti`I t tSignature of Prothonotary or Deputy � .ice: ! YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENVTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. The appellee and the magisterial district ju�ge initftdle offiee the`f udgmt'nt was rendered must be served with a copy of this Notice pursuant to Pa.R.C.P.M.D.J. 1005(A). 11 W..; t '''j" ```'u ".110 CC AOPC 312-05 C� Jl0'1�1tJ ' J., COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-01 Cumberland Valley Rental MDJ Name: Honorable H.Anthony Adams v Address: 35 West Orange Street G.V.M., Inc Shippensburg,PA 17257 Telephone: 717-532-7676 Elizabeth Daniels, Esq. Docket No: MJ-09301-CV-0000113-2014 Mcnees Wallace& Nurick Llc Case Filed: 8/7/2014 100 Pine St FI 5 PO Box 1166 Harrisburg, PA 17108-1166 Disposition Summary (cc-Cross Complaint) Docket No Plaintiff Defendant Disposition Disposition Date MJ-09301-CV-00001 1 3-201 4 Cumberland Valley Rental G.V.M.,Inc Judgment for Plaintiff 09/23/2014 Judgment Summary Participant JoinVSeveral Liability_ Individual Liability Amount Cumberland Valley Rental $0.00 $0.00 $0.00 G.V.M.,Inc $0.00 $12,202.52 $12,202.52 Judgment Finding (*PostJudgment) In the matter of Cumberland Valley Rental vs. G.V.M., Inc on MJ-09301-CV-0000113-2014, on 9/23/2014 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability_ Deposit Applied Amount Civil Judgment $0.00 $12,000.00 $12,000.00 Filing Fees $0.00 $158.50 $158.50 Server Fees $0.00 $44.02 $44.02 Grand Total: $12,202.52 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES,IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date Magisterial District Judge H.Anthony Adams v ¢ certify thatis is a true an correct copy of the record o t e procee Ings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed:09/24/2014 3:15:30PM Cumberland Valley Rental Docket No.: MJ-09301-CV-0000113-2014 V. G.V.M., Inc Participant List Private(s) Elizabeth Daniels, Esq. Mcnees Wallace&Nurick Llc 100 Pine St FI 5 PC Box 1166 Harrisburg,PA 17108-1166 Plaintiff(s) Cumberland Valley Rental 111 West King St Shippensburg,PA 17257 Defendant(s) G.V.M., Inc 374 Heidlersburg Rd Biglerville, PA 17307 Complainant's Attorney(s) George F. Douglas III, Esq. Salzmann Hughes PC 354 Alexander Spring Rd Ste 1 Carlisle, PA 17015-7451 MDJS 315 Page 2 of 2 Printed:09/24/2014 3:15:30PM CUMBERLAND VALLEY RENTAL : IN THE COURT OF COMMON PLEAS APPELLEE : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 14-6097 G.V.M. INC. APPELLANT : CIVIL ACTION - LAW 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.) COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND AFFIDAVIT: I hereby (swear) (affirm) that I served ® a copy of the Notice of Appeal and Rule to File Complaint, Common Pleas No. 14-6097 Civil, upon the Magisterial District Judge designated therein on October 20, 2014, by certified mail, sender's receipt attached hereto, and upon Appellee, Cumberland Valley Rental, and Cumberland Valley Rental Counsel, George F. Douglas, Ill, Esq., on October 20, 2014 by certified mail, sender's receipt attached. SWORN and subscribed to before me this a15.4- day of October, 2014. Notary Public My Commission Expires (SEAL) COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Michele S Seery, Notary Public City of Harrisburg, Dauphin County My Commission Expires July 14, 2018 SS: ?6-9�Q6 9111 0301 2169 TO: Cumberland Valley Rental 111 West King Street Shippensburg, PA 17257 SENDER: 3023 REFERENCE: 16009-0029 PS Form 3800 January 2005 RETURN RECEIPT SERVICE Postage Certified Fee Return Receipt Fee RestrictPt ed Delivery Total Postage & Fees USPS• Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for Interned:eat MO 9414 7266 9904 2006 5792 5? TO: Honorable H. Anthony Adams 35 West Orange Street Shippensburg, PA 17257 SENDER: 3023 REFERENCE: 16009-0029 PS Form 3800, Janua ry 2005 RETURN RECEIPT SERVICE Postage Certified Fee Return Receipt Fee I, 2-7o Restricted Delivery Total Postage & Fees USPS• Receipt for Certified Mair No Insurance Coverage Provided Do Not Use for International Mail 9414 7266 9904 2006 5792 4D TO: George F. Douglas 111, Esq. Salzmann Hughes PC Suite 1 354 Alexander Spring Road Carlisle, PA 17015-7451 SENDER: 3023 REFERENCE: 16009-0029 PS Form 3800, January 2005 RETURN RECEIPT SERVICE Postage Certified Fee Return Receipt Fee Restricted Delivery Total Postage & Fees USPS. Receipt for Certified Mair No Insurance Coverage Provided Do Not Use for International Mail POST -t1 Supreme Co Cour C ennsylvania leas County For Prothonotary Use Only: Commencement of Action: fS .‘iity. Docket No: 1 9, " . eiat, The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. S E C T I 4 N A Commencement of Action: 0 Petition ® Declaration of Taking 1C] Complaint * Writ of Summons 0 Transfer from Another Jurisdiction Lead Plaintiff's Name: Cumberland Valley Rental Lead Defendant's Name: G.V.M., Inc. ©No Dollar Amount Requested: within arbitration limits Are money damages requested? l Yes (check one) 0 outside arbitration limits Is this a Class Action Suit? 0 Yes l No Is this an MDJ Appeal? 0 Yes 0 No Name of Plaintiff/Appellant's Attorney: George F. Douglas, Ill, Salzmann Hughes, P.C. attorney (are a Self -Represented [Pro Se] Litigant) X Check here if you have no S E C T I 0 N Nature of the Case: Place an "X" to the left of the ONE case categorythat most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) Q Intentional Q Malicious Prosecution © Motor Vehicle O Nuisance Premises Liability Q Product Liability (does not include mass tort) Q Slander/Libel/ Defamation Q Other: MASS TORT Q Asbestos Q Tobacco Q Toxic Tort - DES Q Toxic Tort - Implant Q Toxic Waste ® Other: PROFESSIONAL LIABLITY Q Dental Q Legal Q Medical O Other Professional: CONTRACT (do not include Judgments) Q Buyer Plaintiff Q Debt Collection: Credit Card 1, Debt Collection: Other Q Employment Dispute: Discrimination Q Employment Dispute: Other 0 Other: Civil action for breach of contract REAL PROPERTY Q Ejectment O Eminent Domain/Condemnation ® Ground Rent Q Landlord/Tenant Dispute Q Mortgage Foreclosure: Residential Q Mortgage Foreclosure: Commercial Q Partition Q Quiet Title Q Other: CIVIL APPEALS Administrative Agencies Q Board of Assessment Q Board of Elections Dept. of Transportation O Statutory Appeal: Other Q Zoning Board © Other: MISCELLANEOUS Q Common Law/Statutory Arbitration ® Declaratory Judgment O Mandamus Non -Domestic Relations Restraining Order ® Quo Warranto Q Replevin ® Other: Updated 1/1/2011 CUMBERLAND VALLEY RENTAL, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW G.V.M., Inc., NO. 2014-6097 Defendant a mt m Ur cn r NOTICE TO DEFEND -<, 4D C You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD ST. CARLISLE, PA 17013 Dated: November 14, 2014 By: SALZ ANN HUGHES', P.C. George F. Douglas, III, Esquire Supreme Court I.D. #61886 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Phone: (717) 249-6333 Attorney for Plaintiff CUMBERLAND VALLEY RENTAL, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW G.V.M., Inc., NO. 2014-6097 Defendant COMPLAINT AND NOW, comes the Plaintiff, Cumberland Valley Rental, by and through its undersigned attorneys, Salzmann Hughes, P.C., and avers in support of its Complaint against Defendant as follows: 1. The Plaintiff, Cumberland Valley Rental, is a business located at 111 W. King Street, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. The defendant, G.V.M., Inc., is a business located at 374 Heidlersburg Road, Biglerville, Adams County, Pennsylvania. 3. On July 18, 2013, the parties entered into a written contract with an effective date of October 14, 2013 for the rental and cleaning of uniforms for the employees of the defendant, G.V.M., Inc., in Biglerville, Pennsylvania. A copy of the contract is attached hereto as Exhibit A. 4. The defendant, G.V.M., Inc., breached the contract by refusing to submit payment for services provided and for the buyout of the contract entered into by the parties. At the time of the breach, there were 233 weeks remaining on the contract. The contract states that forty (40%) percent of the amount remaining on the contract will be paid to the Plaintiff as liquidated damages, which is $12,594.12 plus a final invoice due in the amount of $135.13 for a total of $12,729.25. A copy of the last statement submitted to the defendant is attached hereto as Exhibit B. 5. As a result of the breach of contract by the defendant, G.V.M., Inc., the plaintiff, Cumberland Valley Rental, has sustained a loss for total damages in the amount of $12,729.25. WHEREFORE, The Plaintiff claims of the Defendant the sum of Twelve Thousand Seven Hundred Twenty Nine and 25/100 ($12,729.25) Dollars plus interest and costs, an amount requiring referral to the Court of Common Pleas of Cumberland County, Pennsylvania. Respectfully submitted, SALZMANN HUGHES, P.C. keorge la IIIg s, , E uire Attorney for Plaintiff Attorney ID: 61886 SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 r Douglas, Uniforms • Coveralls • Wipers • Mats Medical Scrubs & Protective Garments P.O. BOX 329 111 WEST KING STREET SHIPPENSBURG, PENNSYLVANIA 17257 PHONE: (717) 532.7622 FAX: (717) 530-1314 Customer Name: G. V. Mi Inc. Delivery Address: 374 Heidlersburg Road. Phone:(717-677-6197) Biglerville Pa 17307 Fax( ) Andoco, Inc, Customer#: 293 Route: Rou Day: Thursday_ 1� Del: 10/.14/2013 To be completed byCYR No. of Wearers Item Desc�pz tion Quantity 11 sets '. 6.00 1 Uniforms _ 65/35 11/11/11 1 Uniforms Coveralls 2 Pr. $ 1.50 4 Mats 3x10 4 $ 5.50 6 Mats 3x5 Midnight, 6 $ 3.50 1 Mats 4x6 .1 $ 5.50 Service fear £6.00 per invoice Cumberland Valley Rental (the "Company') shall be the =elusive provider for rental/lease garments end/ or other merebendire services to the undersigned (the * astamer") dining the team of the contract et the prices and conditions oistlined below. The Customer certifies that this Contract docs not infringe upon any existing contract between the Customer and another units= rental seryice. Customer soknewlodges that the Company 'till be obligated to make a substantial investment in uniforms and or merchandise to fulfill this agreement accordingly, the tram of this agreement shall be 60 moatbs from the first raga* schcdnled delivery of the items. This contract will autnmstieafy renew for sace:ssive periods of the same length unless either party gives written notice of termination at ]cast 90 days plot to the aspiration of the then current term Upon each annual anniversary date of this courant, the prices then in erred can automatically increase by five percent (5%). Any additional items requested by the Customer shall be covered by the tams and conditions of this cootmet and be. provided at the prices in effect on sad after the date of the receipt of the order. The aggregate roast charge shall never be reduced to less thaw sat uty-five percent of the original amount written above during the tams 0,11E3 coma= Service Guarantee: The Company eat strive to provide the highest quality service at times; however, the Company is not liable or responsible for delay, intatuption of termination of service due to any cause beyond its reasonable control In the event that during the term of this agreement (or any renewal tray) Customer lase any complaints they may, by certified nail. address them to the general manager of the Company. The failure of customer to notify Company in Rating of any ohjection or complaint within thirty days utast the oc unence of the facts giving rise to any such objection or complaint shall eonstihtb a waiver of such objection or complaint by Customer and shall not thereafter be the hags for termination, offset, or counterclaim All Monogrammed lIbirts Most be Purchased a t 530.00 each if esnlodl Name Emblem Fee (each) Company Emblem Fee (each) Preparation Fee (each) N/C Customer Purchases N/C Dist ruction Costs: Item: pante Item shim Item 3si Cost 25.00 Cost 20.0 Itcm4x6ot3x.10 st:50.00 st100.00 st at; The Customer understaude the garments provided by the Company are not flame or acid retardant, unless specified otherwise, If the Customer fails to comply with this Contract or if the Customer elects to terminate it for any reason prior to the expiration of the terms stated above, the Customer will pay the Company as liquldatiom charges, au amount equal to forty percent of the total rgalu weekly rate or minimum aggregate rental charge as defined above multiplied by the number of weeks remaining in the current tem plus any rental uniforms not retied to the Company Cr rehm ed'seta damaged fashion. In arcing any terms of this agreement, the Customer shall pay any costs including reasonable attorney fees or arbitration fees ineurred by the Company. This Contact shall be binding upon and shall ensure to benefit of the personal represenlativee, successors, and assigns of the respective parties harem This Contract is entire and includes all undaataadinga of the parties. No alterations, amendments orfatale understandings shalt be binding unless reduced to writing and signed by both parties. The person signing on behalf of the Customer warrants to the Company that he/she has the authority and power to execute this contract on behalf of the Customer, Customer Cumberland Valley Rental Siena tutpt PP t e /� ,� V� +` Signature; / Print NaAnc:— (i' �n 'rSon Ptittt Near. rt,t l.Skit9/ Title (/ tryt� �. ` r Title: i/,�C� ` 1A you.: ::Y:: Date:% Date �j `� i/ —f 1 ‘11l'--i, k } fe Safi 0 t �. l d �Sl l '°lad Wd� Account Name G.V.M. Inc Account # 293 Invoice # 120064 Date: 4/17/2014 Remaining Contract dates:4/1 7/2014 Through 10/14/2018 Weekly Invoice Weeks left on contract Contract Obligation Unreturned Uniforms Price Quantity Shirts $ 20.00 Pants $ 25.00 Other $ 30.00 Sub -Total $12,594.12 *Total due within 30 days olus any unpaid invoices EXHIBIT 0 ..., 70 ...: $135.13 233 $31,485.29 40% $12,594.12 Cumberland Valley Rental - Andoco INC DELIVERY TO: GVM INC 374 HEIDLERSBURG ROAD BIGLERVIL LE PA ACCOUNT # GVM 0293 010293 INVOICE # PLEASE SEND PAYMENT TO: Cumberland Valley Rental - Andoco INC 111 W. King Street P.O. Box 329 Shippensburg, PA. 17257 Ph. 717-532-7622 Fx. 717-530-1314 INVOICE DATE STOP 1362274 LINE NO. 1 1 5000 5001 5002 • 5004 5006 5007 • 5010 5011 5.013 5015 501.6 5020 5026 ;.:5027 9600 02/06/14 NAME / DESCRIPTION 75 Delivery Day Thursday PURCHASE ORDER # 111111111111111111111111 INVOICE # 1362274 EMP NO. PANTS SHIRTS QTY SIZE COLOR QTY SIZE COLOR QTY 18X18 WIPERS [S] 18X18 WIPERS REPLACEMENT 3X5 MIDNIGHT GRAY MAT SERVICE FEE 3X10 MIDNIGHT GRAY MAT 4X6 MIDNIGHT GRAY MAT CASE 81 .x 600' ROLL TOWE CASE TOILET TISSUE LOANED PAPER TOWEL DISPE NOG MAT CLEANED 3X5 NOG MAT, CLEANED 4X6, **EAST BERLIN** 3X5" RAISIN 'MAT 3X10 RAISIN MAT 3X5' SCRAPE OFF MAT TARMENT ,MAINTENANCE CHAR MAN'MINIMUM- INDUSTRIAL :MAN.:. miNimiJm - DESIGNER' ALL BILLING DISPUTES MUST BE REPORTED WITHIN 30 DAYS OF THIS INVOICE. OTHER THAN SALES TAX THERE ARE NO GOVERNMENT MANDATED CHARGES ON THIS INVOICE. 2 LXR 46R • • SP14NV CT1ONV •"('6O0) C. ) 2) ( 1) „ 2) ( 1) • ) ) 2) ( ) ): „1) 2) ( 1) 1) Customer Signature 11 • • SP24NV • 600 0 1 .2 1 .0 0 2 0 0 1 , 21, OTHERS SIZE COLOR @ 0.1200 O 0.2800. O 3.5000 0 8.0000, O 5.5000 @ 5.5000 @;,54.600 0, ,4..600 0:0,0000- 0 ,.5.ppoo 0.6.0000 0. 0.0000 0. 3.5000 O 5.5000 : . @ 1.4490 00 • • ..,•,:•,.. WEEKLY RATE 6.00 1.50 72.00 0.00 7.00 8.00 11.00 5.50 0.00 0.00 0.00 0.00 0.00 0.00 7.00 5.50 1.44 ..... ,:„ „ GARMENT RETURN i OTH. SH, • 147, PT. NONTAXABLE TAXABLE TAX TOTAL 16.94 111.50 6.69 135.13 ccounts Receivable Inquiry http://192.168.1.45/tracs/arr060.php?delnum=&exitto=&masternum... Accounts Receivable Inquiry GVM 0293 GVM INC P.O. BOX 358 374 HEIDLERSBURG RD BIGLERVIZLLE PA 17307 Date Invoice Type Amount Paid Balance 2014-04-03 f 1366180 I 137.25 0.00 137.25 2014-04-10 n 1366662 I 128.31 0.00 265.56 2014-04-17 u 1367223 I 137.25 0.00 402.81 2014-04-17 '--1 120064 I 12594.12 0.00 12,996.93 Help of 1 4/28/2014 2:54 PM AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA :SS COUNTY OF CUMBERLAND COLBY A. R: FRY, being duly sworn according to law, deposes and says that he is the President of Cumberland Valley Rental, and that the averments of the within Reply to New Matter are true and correct to the best of affiant's knowledge, information and belief. Sworn to ang subscribed before me this the day of N Lt , 2014 Ti7 Notary COMMONWEALTHOF PENNSYLVANIA Notarial Seal George F. Douglas III, Notary Public South Middleton Two,. Cumberland County My Commission IpiresIUne 26, 2015 R, PENNSYLVANIA ASSOCIATION OF NOTARIES CERTIFICATE OF SERVICE I, George F. Douglas, III, of Salzmann Hughes, P.C., hereby certify that a copy of the foregoing Complaint was served this date by depositing the same in the Post Office at Carlisle, Pennsylvania, first class main, postage prepaid, addressed as follows: Elizabeth S. Daniels, Esq. McNees, Wallace & Nurick, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 By: Respectfully Submitted, SALZMANN HUGHES, P.C. George F. Douglas, III, Esquire Attorney for Plaintiff Attorney ID No. 61886 CUMBERLAND VALLEY RENTAL, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW G.V.M., Inc., NO. 2014-6097 Defendant ACCEPTANCE OF SERVICE I, Elizabeth S. Daniels, Esquire, do hereby accept service of the Complaint on behalf of my client, G.V.M., Inc., and I verify that I am authorized to do so. Dated: Elizabeth S. Daniels, Esquire CUMBERLAND VALLEY RENTAL, IN THE COURT OF COMMON PLEAS Plaintiff • OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION- LAW G.V.M., Inc., NO. 2014-6097 Defendant ACCEPTANCE OF SERVICE (n I, Elizabeth S. Daniels, Esquire, do hereby accept service of the Complaint on behalf of my client, G.V.M., Inc., and I verify that I am authorized to do so. Dated: NO/ ) c9-0/ Elizabeth S. Daniels, Esquire Elizabeth S. Daniels I.D. No. 309234 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5446 THE PROTHONOV:i:;.1 ?U! DEC -Q Ari U: 49 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Defendant, G.V.M., Inc. CUMBERLAND VALLEY RENTAL, Plaintiff G.V.M., INC., v. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 14-6097 : CIVIL ACTION — LAW ANSWER WITH NEW MATTER Defendant G.V.M., Inc. ("GVM"), by and through its attorneys, McNees Wallace & Nurick LLC, files the following Answer with New Matter to the Complaint filed by Cumberland Valley Rental ("Plaintiff'). 1. 2. Answer Admitted upon information and belief. Admitted. By way of further answer, GVM has an additional business location at 224 E. King Street, # 102, East Berlin, Pennsylvania 17316. 3. Denied. The averments of this paragraph constitute conclusions of law to which no response is required. To the extent a response is deemed required, it is denied that the parties entered into a written contract by the document attached to the Complaint as Exhibit A. It is further denied that the document attached to the Complaint as Exhibit A is a valid contract between the parties in that it was signed by Tracy Anderson, a part-time secretary who does not have authority to sign contracts on behalf of GVM. 4. Denied. The averments of this paragraph constitute conclusions of law to which no response is required. To the extent a response is deemed required, the averments in this paragraph are denied. By way of further response, to the extent that the averments in this paragraph attempt to characterize a written document, the averments are denied. It is further denied that GVM owes Plaintiff the amounts indicated. 5. Denied. The averments of this paragraph constitute conclusions of law to which no response is required. To the extent a response is deemed required, the averments are denied. It is further denied that Plaintiff has incurred the damages alleged. WHEREFORE, Defendant G.V.M., Inc. demands judgment in its favor and against Plaintiff Cumberland Valley Rental, together with costs and such other relief as this Court deems just. New Matter 6. GVM incorporates herein by reference Paragraphs 1 through 5, above, as if set forth in full. 7. GVM generally denies liability for any of Plaintiff's claims. 8. GVM denies it breached any obligation to Plaintiff. 9. GVM acted fairly and equitably at all times. 10. Plaintiff is estopped from seeking the relief sought in its Complaint by reason of its conduct. 11. Plaintiff has failed to state a claim for breach of contract against GVM upon which relief can be granted. 2 12. Plaintiffs claims are barred, in whole or in part, because the alleged contract is void and unenforceable. 13. Tracy Anderson does not have authority to sign contracts on behalf of GVM and to the extent the alleged contract is based on the signature of Tracy Anderson, the alleged contract is void and unenforceable. 14. Plaintiffs claims are barred, in whole or in part, because the alleged contract contains an unenforceable liquidated damages provision. 15. The liquidated damages Plaintiff seeks to recover pursuant to the alleged contract do not represent a good faith and reasonable estimation of Plaintiffs anticipated or actual damages. 16. Upon information and belief, Plaintiff implements the damages provisions in the alleged contract to force compliance by its customers and assert a penalty for non-compliance. 17. The damages sought by Plaintiff constitute liquidated damages that are excessive, unreasonable, and have no reasonable relationship to the actual damages allegedly suffered by Plaintiff. 18. The actual damages suffered by Plaintiff, if any, are easily quantifiable and not difficult to measure. 19. Plaintiffs claims are barred, in whole or in part, because Plaintiff has failed to mitigate its damages. 20. Plaintiffs claims are barred, in whole or in part, by the principles of fraud. 21. Plaintiffs claims are barred, in whole or in part, by the doctrine of estoppel. 22. Plaintiffs claims are barred, in whole or in part, by the doctrine of waiver. 3 23. Plaintiffs claims are barred, in whole or in part, by the doctrine of illegality of contract. WHEREFORE, Defendant G.V.M., Inc. demands judgment in its favor and against Plaintiff Cumberland Valley Rental, together with costs and such other relief as this Court deems just. Dated: December 8, 2014 McNEES WALLACE & NURICK LLC (Al 1:C144/14/) Elizabeth S. Daniels I.D. No. 309234 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 237-5446 ldaniels@mwn.com By Attorneys for Defendant, G.V.M, Inc. 4 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities, I hereby certify that I am the President of G.V.M., Inc. In that capacity, I am authorized to make this Verification on its behalf. I further certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. Mark Anderson, President Dated: /624-401(-1/ CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 8th day of December 2014, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: George F. Douglas III, Esquire Salzmann Hughes PC 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015-7451 Eliza eth S. Daniels George F. Douglas, III, Esquire Attorney ID: 61886 SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 ' PRO T'hut O L EllDEC 17 t il!: t t: Attorneys for Plaintiff, CUMBERLA? D CU'tr I Cumberland Valley Rental PEi t�S YLV, P�(w CUMBERLAND VALLEY RENTAL, Plaintiff v. G.V.M, INC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 14-6097 REPLY TO NEW MATTER Plaintiff, Cumberland Valley Rental, by and through its attorneys, Salzmann Hughes, P.C., files the instant Reply to New Matter and avers as follows: 6. Plaintiff incorporates by reference paragraphs 1 through 5 of Plaintiff's Complaint and exhibits attached thereto, as if set forth at length herein. 7. Denied. The averment of this paragraph constitutes a conclusion of law to which no response is required. To the extent a response is required, this averment is denied. Strict proof thereof demanded at trial. 8. Denied. The averment of this paragraph constitutes a conclusion of law to which no response is required. To the extent a response is required, this averment is denied. Strict proof thereof demanded at trial. 9. Denied. The averment of this paragraph constitutes a conclusion of law to which no response is required. To the extent a response is required, this averment is denied. Strict proof thereof demanded at trial. 10. Denied. The averment of this paragraph constitutes a conclusion of law to which no response is required. To the extent a response is required, this averment is denied. Strict proof thereof demanded at trial. 11. Denied. The averment of this paragraph constitutes a conclusion of law to which no response is required. To the extent a response is required, this averment is denied. Strict proof thereof demanded at trial. 12. Denied. The averment of this paragraph constitutes a conclusion of law to which no response is required. To the extent a response is required, this averment is denied. By way of further response and to the contrary, the contract is an enforceable agreement between the parties. Strict proof thereof demanded at trial. 13. Denied. The averment of this paragraph constitutes a conclusion of law to which no response is required. To the extent a response is required, this averment is denied. By way of further response, Tracy Anderson is an employee of Defendant and wife of the owner of Defendant. By way of further response, Tracy Anderson represented to Plaintiff that she had the authority to sign on behalf of Defendant and thus, Tracy Anderson had the requisite authority to bind Defendant to the terms of the contract. 14. Denied. The averment of this paragraph constitutes a conclusion of law to which no response is required. To the extent a response is required, this averment is denied. The liquidated damages clause is valid. 15. Denied. The averment of this paragraph constitutes a conclusion of law to which no response is required. To the extent a response is required, this averment is denied. 16. Denied. The averment of this paragraph constitutes a conclusion of law to which no response is required. To the extent a response is required, this averment is denied. By way of further response and to the contrary, Plaintiff enforces the terms of the contract when any individual and/or entity is in default like Defendant. The liquidated damages provision is not a penalty. 17. Denied. The averment of this paragraph constitutes a conclusion of law to which no response is required. To the extent a response is required, this averment is denied. 18. Denied. The averment of this paragraph constitutes a conclusion of law to which no response is required. To the extent a response is required, this averment is denied. Strict proof thereof demanded at trial. 19. Denied. The averment of this paragraph constitutes a conclusion of law to which no response is required. To the extent a response is required, this averment is denied. 20. Denied. The averment of this paragraph constitutes a conclusion of law to which no response is required. To the extent a response is required, this averment is denied. By way of further response, Defendant failed to assert any facts to substantiate a defense of fraud. 21. Denied. The averment of this paragraph constitutes a conclusion of law to which no response is required. To the extent a response is required, this averment is denied. By way of further response, Defendant failed to assert any facts to substantiate a defense of estoppel. 22. Denied. The averment of this paragraph constitutes a conclusion of law to which no response is required. To the extent a response is required, this averment is denied. By way of further response, Defendant failed to assert any facts to substantiate a defense of waiver. 23. Denied. The averment of this paragraph constitutes a conclusion of law to which no response is required. To the extent a response is required, this averment is denied. By way of further response, Defendant failed to assert any facts to substantiate this defense. WHEREFORE, Plaintiff, Cumberland Valley Rental, demands judgment in its favor and against the defendant, G.V.M, Inc., together with costs and such other relief as this Court deems just and appropriate. Dated: O24 11 1�- Respectfully submitted, SALZMANN HUGHES, P.C. By: A George F. Douglas, III, Es+uire Attorney ID: 61886 SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Attorney for Plaintiff Cumberland Valley Rental AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) :SS COLBY A. R. FRY, being duly sworn according to law, deposes and says that he is the President of Cumberland Valley Rental, and that the averments of the within Reply to New Matter are true and correct to the best of affiant's knowledge, information and belief. CERTIFICATE OF SERVICE I, George F. Douglas, III, of Salzmann Hughes, P.C., hereby certify that a copy of the foregoing Reply to New Matter was served this date by depositing the same in the Post Office at Carlisle, Pennsylvania, first class main, postage prepaid, addressed as follows: Elizabeth S. Daniels, Esq. McNees, Wallace & Nurick, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 By: Respectfully Submitted, SALZMANN HUGHES, P.C. 'George F. Douglas, III, q ire Attorney for Plaintiff Attorney ID No. 61886 Elizabeth S. Daniels I.D. No. 309234 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5446 Attorneys for Defendant, G.V.M., Inc. CUMBERLAND VALLEY RENTAL, Plaintiff G.V.M., INC., v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 14-6097 Defendant : CIVIL ACTION — LAW PRAECIPE TO ATTACH EXECUTED NOTICE TO PLEAD TO THE CUMBERLAND COUNTY PROTHONOTARY: Please attach the executed Notice to Plead, attached hereto as Exhibit A, to Defendant's Answer With New Matter, which was filed with the Cumberland County Court of Common Pleas on December 8, 2014, inadvertently omitting a signature. McNEES WALLACE & NURICK LLC By lizabeth S. Daniels I.D. No. 309234 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 237-5446 ldaniels@mwn.com Attorneys for Defendant, G.VM, Inc. EXHIBIT A Elizabeth S. Daniels I.D. No. 309234 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5446 Attorneys for Defendant, G.V.M., Inc. CUMBERLAND VALLEY RENTAL, Plaintiff G.V.M., INC., v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 14-6097 Defendant : CIVIL ACTION — LAW NOTICE TO PLEAD To: CUMBERLAND VALLEY RENTAL, Plaintiff, and GEORGE F. DOUGLAS, III, ESQUIRE, its attorney: You are required to respond to the enclosed New Matter within twenty (20) days or a judgment may be entered against you. McNEES WALLACE & NURICK LLC By lizabeth S. Daniels I.D. No. 309234 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717) 237-5446 ldaniels@mwn.com Attorneys for Defendant, G.V.M, Inc. CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 18th day of December 2014, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: George F. Douglas III, Esquire Salzmann Hughes PC 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015-7451 7D COqJ Elizabeth S. Daniels CUMBERLAND VALLEY RENTAL v. G.V.M, INC. , Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,-, PENNSYLVANIA 0 rn CIVIL ACTION- LAW r'X" c) Defendant NO. 14-6097 RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR THE APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: George F. Douglas, III, Esquire, counsel for the plaintiff in the above action, respectfully represents that: 1. The above -captioned action is at issue. 2. The claim of the plaintiff in the actions is $12,729.25, plus interest and costs. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: George F. Douglas, III Melissa L. Kelso Jason P. Kutulakis WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. cuMA- e ai Y C3c, Respectfully submitted, 1- `31St-aL3. Q(&,,..1-, 774 ORDER OF COURT AND NOW, , 2014, in consideration of the foregoing petition, Esq., Esq., and Esq., are appointed arbitrators in the above - captioned action (or actions) as prayed for. By the Court, J. 3 CERTIFICATE OF SERVICE I, George F. Douglas, III, Esquire, of Salzmann Hughes, P.C., hereby certify that a true and correct copy of the following document, Petition for the Appointment of Arbitrators, was served this date on the below named, by depositing the same in the United States mail, first class, postage prepaid, addressed as follows: Date: f1 (� r� Elizabeth S. Daniels, Esq. McNees, Wallace & Nurick, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorney for Defendant By: Respectfully Submitted, SALZMANN HUGHES, P.C. George F. Douglas, III, Esq. Attorney ID No. 61886 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Plaintiff