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Home My WebLink About05-3903COMMONWEALTH Of PENNSYLVANIA CO ART OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON?LEASN& 05-3903 CIVIL TERM NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas on appeal from the judgment rendered by the District Justice on the daft and in the case mentioned bekw -70W z%/, L Ted Mew ?s 5 h t vs? PA I'1Oso MlE NTlE ASE (NairtN1 fLbMdsF) J Ent I z- Sf?q Atl Q L? S 1 CO . 1,s, tern s ! '+Cw (e Sr SIGNA E Or APPftLANT AT a M^ CV20 ?43 -OS351-53? LT 20 This block *60 be signed ONLY when this notation is requi 1008& This Notice of Appeal, when received by the District SUPERSEDEAS to the judgment for possession in this case Justice, will operate as a Signature of Prothonotary or Deputy If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of tam to be used ONLY when appellant was DEFENDANT (see Pa. R.C.PJ.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon ? rl rnr'.? 1 wr NI r-n Name at (Common Plow No 05-3903 CIVIL TERM RULE: To t-'O -ll ?u. PVAPY J + S- ? - , ye(s), (1) You are nofified that a rub is hereby entered upon you to hie a complaint in this appeal within twenty (20) days after the dale of service of this rub upon you by personal service or by certified or registered maiL (2) Of you do not fib a complaint within this time, a JLJDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The daft of service of this rule if service was by mail is the date of ma Dole; .71IT.Y 29 , 20A.5. SpTS f PmherarhoWy ar C6 . appe"s), to file a complaint in this apped within twenty (20) days aka service of rule or suffer ry of judgment of ran pros L \ fJlll Sowture of Aopeant or hie attorney or spent AOPC 31290 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WI TH,N T EN fIO; LAYS AFTER filing the notice of appeal Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: I hereby swear of affirm that i served ? a copy of the Notice of Appeal, Common Pleas No. _, upon the District Justice designated therein on (dato of service; ? by personal service ? by (certified) (registered) mail, senders receipt attached hereto, and upon the appelle, frame;, , on 20 ? by persona: service ? by (certified) (registered) mail, sender's receipt attached hereto. ? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE Mf_ THIS DAY OF Signature of afBant Signature of official before whom afffdavrt :vas made Tifle of official My commission expires on 20 ? c0 'rj S ? {T rl 66MMONWEALTH OF PENNSYLVANIA r.nl INTV nF• CUMBERLAND 09-1-01 MDJ Name: Hon. CHARLES A. CLEMENT, JR Address: 400 BRIDGE ST OLDS TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone. (717) 774-5989 17070 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS I-SHAULL EQUIPMENT A SUPPLY CO 7 100 MARKET ST LEMOYNE, PA 17043 L J VS. DEFENDANT: NAME and ADDRESS r--STANLEY JR, MORRIS 7000 NURTZVILLE RD MECHANICSBURG, PA 17050 MORRIS STANLEY JR L J 7000 WERTZVILLE RD Docket No.: CV-0000343-05 MECHANICSBURG, PA 17050 Date Filed: 6/03/05 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDQItBM`1' PLTF ® Judgment was entered for: (Name) Asram.T. 1l0IIT1 mzwT s s rmoir v c+O ® Judgment was entered against: (Name) gTanLXy st, Me1ZRTa in the amount of $ a, i'i5 _ r.D on: El Defendants are jointly and severally liable. (Date of Judgment) 7/0105 (Date & Time) El Damages will be assessed on: 0 This case dismissed without prejudice. ?y 1 lease $ Amount of Judgment ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Certified Judgment Total $ 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 THE 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 JUDGEMENT 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. JUL - 1 2005 Date Cf . Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings conflining the judgment. Date Magisterial District Judge My commission expires first Monday of January, 2008 . SEAL AOPC 315-05 DATE PRINTED: 7/01/05 12:51:29 PM i ?? ?? ? ? C> /? C ?i+ {? r a ? t N ?' r ` r' `j r r O -i S -n ?„ -.7 r 7 _; ', C ?? -rd i7?? r?i ?l ?' '.?{ ?? W ?? W PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This prom of sewlce MUST 6E FILED vti':7N:N EN (rp; Da YS AFTER tiling We notice n/ appea! Cl;eck app/iCabte boxes) COMMONWEALTH OF PENNSYLVANIA ` COUNTY OF_t? AFFIDAVIT: I hereby swear of affirm that f served a copy al the Nctlce Of Appeal, Common Pleas NO. upon the Distn • Justice designated therein on (date of service; C;, by personal service 0 b certified) wgictaFfid) mail, sender's receipt attached nereto, and upon the appe'•le, (namej a '-? r:°M & Apply on 20P6_ Coy personal service USb cis if, S trayiekreEi m?ii, sender's receipt attached hereto. M and fMlher that 1 served the Rule to R:e a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on _?V4"t 20 05.0 by personal service 4Lby certifi ragiuared) mall, sender's receipt attached hereto. ` SWORN (AFFIRMED) AND SUBSCRIBED BEFORE MF_ ?vv THIS--' CiAi OF -P,_'. .?- Signature of official before mi om atfrdavit was ." lade Title of official My commission expires an -? PE Y Notarial Seal public Grah9m Notary DebOM4 aucg Sam, Yak Cou¢1y My Ogtuuimen Expires July 8, 2007 -n ¦ •, I E3 MY. P, .4 AN C3 HEY CIDIBEJd ( ? a ? ?" 1 l Yr PA Postage ? rLI ?S Postage $ Certified Fee &?I ,J J O $,?'30 certified Fee Return ReGepl Fee N O (Endorsement Required) C.? Return Reciept Fee i1 (Endorsement Require)) Ri sRicted Delivery r`-d) $ErWOrsement Required) O Restricted Delivery Fee 00 $0 {n . (Endorsement Required) TotaPostege & Fees Q/0 M a $ =¢+4? Total Postage & Fees ent To rU en S t TO -?ha ao w n A No.; ?/tYJ 13.^1 n ? ?Ke r PO boxs, Na. 1$?--c4Ya1Y r St t ZIP N V104 Wiwi, t No AP% or PO BOx NO. ' ty, a a4 e. ^ F w ?ulwlLor ?0.v`? ----- ..-...__. City, State, Zlw9 Lf? f Si mofaffiant ;y Pl s C"> f r7r r I 7 a 0? Postni rk Here r?.) O C.w) COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT X31453 ? NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the dale and in the cam mentioned below °oS CVzO -214 i3 LT 20 This block will be Silted ONLY when this notation is'tequirco 10086 This -6104101 of Appeal when received by the District SUPERSEDEAS to the judgment for possession in this cose NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMOMMASNa 05-3903 CIVIL TERM r LWKW rO ns .rJr. nJa. If aMeRar+t was CLAIMANT (see Pa. R.C.P.J.P. No. Justice, will operate as a 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after Sigriature of Prothonotary or Deputy filing his NOTICE of APPEAL. - PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of tam to be used ONLY when appellant was DEFENDANT (see Pa. R.CPJ.P. No. 1001(7) in action before DlsVict Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter, rule upon 5? 0.K d ?_?? M C N creme d (Cormron Pleas No 05-3903 CIVIL TERM RULE: To Sk '11 K4u J2WPN't S ( G oPP Ns 'D 7YWM 1 of AgMA%Ws) do not file 'a complaint within this firma, a (3) lie date -of service Of flf !ule if SWYjW was by mail is the date of mating. \ 1, 2A parr it_v 5g 20-.QS 1 w a *ana 1 appeNee(s), to file a complaint in this appeal within twenty (20) 4ap ahw IWVKe of rule. or suffer ry of judgment of non pros. AOPCSIZ-W COURT FILE John W. Purcell, Jr. Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ipurcellta)pkh.com SHAULL EQUIPMENT & SUPPLY CO., Plaintiff vs. MORRIS STANLEY, JR., Defendant IN THE COURT OF COMMON PLEASE CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 05-3903 CIVIL TERM CIVIL ACTION - LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgement for any money claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the court without further notice. You may lose money, 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 Street Carlisle, PA. 17013 -- (717) 249-3166 (800) 990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas damandas expuastas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio qua es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE ABOGAD O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRIDA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL: Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA. 17013 -- (717) 249-3166 (800) 990-9108 John W. Purcell, Jr. Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 iourcell @okh.com SHAULL EQUIPMENT & SUPPLY CO., Plaintiff vs. MORRIS STANLEY, JR., Defendant IN THE COURT OF COMMON PLEASE CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 05-3903 CIVIL TERM CIVIL ACTION - LAW COMPLAINT Plaintiff, Shaull Equipment Supply Co., respectfully avers the following: 1. Plaintiff, Shaull Equipment Supply Co., is a Pennsylvania Corporation with offices at 100 Market Street, Lemoyne, Cumberland County, Pennsylvania. 2. Defendant, Morris Stanley, Jr., is an adult individual currently residing at 7000 Wertzville Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Defendant, on or about March 15, 2002, fraudulently, and without any legal right, took possession of and retained possession until March 31, 2005 of a Ghel skid loader, model no. 5635, serial # 11058 owned by the Plaintiff, without permission of the Plaintiff and with knowledge that the Defendant had no legal right to possession of same and Defendant continued to operate for his personal use and profit, the machine, until March 30, 2005. 4. Plaintiff avers that the standard monthly rental for this machine is $5,170.00 per month ($170.00 per day) plus 6% tax and the rental due from the Defendant for the period of his possession and use time is $186,120.00. 5. Plaintiff avers that at the time Defendant took possession of the machine, he was fully aware and had full knowledge that this same machine had been sold to his brother Nathaniel Stanley, under Installment Sales Agreement in which the Plaintiff retained title to the machine, who had last made a payment on the machine November 13, 2001 and had since that date concealed the machine from the Plaintiff who was attempting to repossess the same. 6. Nathaniel Stanley on April 5, 2005 advised the Plaintiff that he had sold it to Defendant in 2002. 7. Defendant was aware at the time he took possession that Nathaniel Stanley had no title to said machine and had no ownership of said machine and further that the machine was Plaintiffs property. 8. Defendant was asked by the Plaintiff whether he knew where the machine was, as the Plaintiff was actively looking for the machine, and he fraudulently denied knowing where it was, despite the fact that he was in possession of the machine. 9. Defendant has been unjustly enriched in an amount represented by the fair rental value of the machine, or $186,120.00. WHEREFORE, Plaintiff respectfully requests a judgment to be granted in their favor against Defendant in the amount of $186,120.00 plus interest and costs. Respectfully submitted, By: Z_ Jo Krug & Haller ID No. 29955 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Plaintiff VERIFICATION COMPANY NAME: SHAULL EQUIPMENT & SUPPLY CO. I verify that the statements made in the foregoing Complaint 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. Dated: 9- ,1- a S c-? ? - O ?-? ? _ u, -n (? ? ?-i; '4l fl' n? ;7C? G,a ? ?; ?] ?~ YI -?. -f 1 ' ?A4 (1] { "` fit? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAULL EQUIPMENT C& SUPPLY CO. Plaintiff V. MORRIS STANLEY, JR., NO. 05-3903 Civil Term CIVIL ACTION - LAW Defendant NOTICE TO PLEAD TO: John W. Purcell, Jr., Esquire Attorney for Plaintiff, Shaull Equipment & Supply Co. You are hereby notified to file a written response to the enclosed DEFENDANT'S PRELIMINARY OBJECTION within twenty (20) days from service hereof or a judgment may be entered against you. DATE: 16.J 71/2 bo Steph n K. Portko, Esquire #34538 101 South U.S. Route 15 Dillsburg, Pennsylvania 17019 (717) 432-9706 Attorney for Defendant VERIFICATION I, Morris Stanley, Jr., hereby acknowledge that I am a Defendant in the foregoing D2feztnt's Pre minarv Cb]ecticm , that I have read the foregoing, and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: /a//-, / as Morris Stanley, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHAULL EQUIPMENT C& SUPPLY CO. Plaintiff V. :NO. 05-3903 Civil Term MORRIS STANLEY, JR., : CIVIL ACTION - LAW Defendant DEFENDANT'S PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAINT Defendant, Morris Stanley, Jr., by his undersigned counsel, preliminarily objects to Plaintiffs complaint pursuant to Pa. R.C.P. 1028(a)(5) as follows: PRELIMINARY OBJECTION RAISING NONJOINDER OF A NECESSARY PARTY 1. Plaintiffs complaint is based upon its claim that Defendant fraudulently took possession of a Ghel skid loader. A copy of the complaint is attached hereto as Exhibit A. 2. Plaintiff seeks fair rental value of the Ghel skid loader, claiming that Defendant has been unjustly enriched by its fair rental value of $186,120.00. 3. In paragraph 5 of the Complaint, Plaintiff alleges that the Ghel skid loader had been sold to Defendant's brother, Nathaniel Stanley, under an Installment Sales Agreement and that Defendant was aware of this sale to his brother and that Nathaniel Stanley had concealed the machine from Plaintiff who was attempting to repossess the same. 4. To the contrary, Defendant believes and therefore avers that he is a good faith purchaser for value, having paid Nathaniel Stanley $10,000 for the machine and having had no knowledge or notice that Plaintiff had any title or claim to the Ghel skid loader. 5. To the contrary, Defendant believes and therefore avers that Plaintiff had knowledge of the whereabouts of Nathaniel Stanley and the location of the Ghel skid loader but took no action to repossess the machine or seek the balance due under the Installment Sales Agreement until after the Statute of Limitations had expired. 6. To the contrary, Defendant believes and therefore avers that, unlike vehicles and trailers that are registered with the Pennsylvania Department of Transportation, the Ghel skid loader did not have a title and Plaintiff was required to, but did not file UCC statements to protect its claim of title or ownership to said machine. 7. The first notice of Plaintiff's claim came when Defendant was at Plaintiff's place of business to order a part for the Ghel skid loader on or about April 1, 2005, and found out that Plaintiff had taken possession of the machine that day and was demanding payment of the balance of the Installment Sales Agreement entered into between Plaintiff and Nathaniel Stanley. 8. In fact, Defendant avers that prior to Plaintiff's unlawful repossession, the Ghel skid loader had been serviced and/or repaired by Plaintiff while in Defendant's possession and at all times relevant hereto Plaintiff had sufficient knowledge or notice of the whereabouts of both Nathaniel Stanley and the machine but failed to exercise its remedies under the purported Installment Sales Agreement in a timely and proper manner. 9. Pursuant to Pa. R.C.P. 2227(a), the joinder of Nathaniel Stanley in this action was and remains compulsory. 10. No reason appears in the complaint for the omission of Nathaniel Stanley as a party to this action. 11. Nathaniel Stanley is accordingly a necessary and indispensable party to this action and his absence requires that the complaint be dismissed. WHEREFORE, Defendant respectfully requests that his preliminary objections be sustained and Plaintiffs complaint be dismissed. Respectfully submitted, StepbcXK. Portko, Esquire #34538 101 South U. S. Route 15 Dillsburg, PA 17019 (717)432-9706 Attorney for Defendant Morris Stanley, Jr. John W. Purcell, Jr. Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ipurcellC?pkh.com SHAULL EQUIPMENT & SUPPLY CO., Plaintiff vs. MORRIS STANLEY, JR., Defendant IN THE COURT OF COMMON PLEASE CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 05-3903 CIVIL TERM CIVIL ACTION - LAW COMPLAINT Plaintiff, Shaull Equipment Supply Co., respectfully avers the following: 1. Plaintiff, Shaull Equipment Supply Co., is a Pennsylvania Corporation with offices at 100 Market Street, Lemoyne, Cumberland County, Pennsylvania. 2. Defendant, Morris Stanley, Jr., is an adult individual currently residing at 7000 Wertzville Road, Mechanicsburg, Cumberland County, Pennsylvania. it ? 3. Defendant, on or about March 15, 2002, fraudulently, and without any legal right, took possession of and retained possession until March 31, 2005 of a Ghel skid loader, model no. 5635, serial # 11058 owned by the Plaintiff, without permission of the Plaintiff and with knowledge that the Defendant had no legal right to possession of same and Defendant continued to operate for his personal use and profit, the machine, until March 30, 2005. 4. Plaintiff avers that the standard monthly rental for this machine is $5,170.00 per month ($170.00 per day) plus 6% tax and the rental due from the Defendant for the period of his possession and use time is $186,120.00. 5. Plaintiff avers that at the time Defendant took possession of the machine, he was fully aware and had full knowledge that this same machine had been sold to his brother Nathaniel Stanley, under installment Sales Agreement in which the Plaintiff retained title to the machine, who had last made a payment on the machine November 13, 2001 and had since that date concealed the machine from the Plaintiff who was attempting to repossess the same. 6. Nathaniel Stanley on April 5, 2005 advised the Plaintiff that he had sold it to Defendant in 2002. 7. Defendant was aware at the time he took possession that Nathaniel Stanley had no title to said machine and had no ownership of said machine and further that the machine was Plaintiffs property. f. S. Defendant was asked by the Plaintiff whether he knew where the machine was, as the Plaintiff was actively looking for the machine, and he fraudulently denied knowing where it was, despite the fact that he was in possession of the machine. 9. Defendant has been unjustly enriched in an amount represented by the fair rental value of the machine, or $186,120.00. WHEREFORE, Plaintiff respectfully requests a judgment to be granted in their favor against Defendant in the amount of $186,120.00 plus interest and costs. Respectfully submitted, By: 1 ^ ID No. 29955 1719 North Front Street Harrisburg., PA 17102 (7.17) 234-4178 Attorney for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Preliminary Objections was provided by U.S. Mail, postage prepaid, first class, to the following: John W. Purcell, Jr., Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Date: i //'/ L.?c 5 BY ( ? < l v Stephen K.Portko John W. Purcell, Jr. I.D. 29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com SHAULL EQUIPMENT & SUPPLY CO., Plaintiff Vs. MORRIS STANLEY, JR., Defendant IN THE COURT OF COMMON PLEASE CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 05-3903 CIVIL TERM CIVIL ACTION - LAW RESPONSE TO PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT 1. Denied. The Complaint speaks for itself. 2. Denied. The Complaint speaks for itself. 3. Denied. The Complaint speaks for itself. 4. Denied. This allegation represents a defense, or in the alternative, a claim against a third party Defendant. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. 5. Denied. To the contrary, as indicated in the Complaint, Plaintiff may have known where Nathaniel Stanley was, but both Nathaniel Stanley and the Defendant fraudulently concealed the location of the machine, while the Defendant continued to use it for his own benefit. Plaintiff did not discover the location of the machine until recently. 6. Denied as a conclusion of law. 7. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and strict proof thereof is demanded at trial. 8. Denied. See Complaint. 9. Denied as a conclusion of law. 10. Denied. To the contrary, Plaintiff's claim stands on its own without the necessity of compulsory joinder of the alleged additional Defendant. 11. Denied as a conclusion of law. WHEREFORE, the Plaintiff respects this Honorable Court to dismiss the Preliminary Objections and to enter judgment on the Plaintiff's Complaint. Respectfully submitted, PURCELL,KRUG & HALLER BY t Jr. 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 CERTIFICATE OF SERVICE I, John W. Purcell, Jr., Attorney for the Plaintiff, hereby certify that a true and correct copy of the foregoing was served on the Defendant by forwarding said copy to his attorney of record at the following address, by first class U.S. Mail on October 27, 2005: Stephen K. Portko, Esquire Bratic & Portko 101 South U.S. Route 15 Dillsburg, PA 17019 Attorney for the Defendant VERIFICATION I verify that the statements made in the foregoing Response to Preliminary Objections to Plaintiff's Complaint 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. Dale. October 27 2005 Lester W. Ginanni, ;?,/,y Vice President ? Shaull Equipment & Co. c°p r w a cn :< Curtis R. Long Prothonotary (Office of the i9rotbonotarp . Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor b5"' 96.3 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573