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Home My WebLink About05-6649 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 05'- 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. Mark Dorward, dba Sandleman Associatpc no, g ADDRESS OF APPELLANT CITY STATE ZIP CODE 601 Walnut Alley, New Cumberland PA 17070 DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) 11/17/05 Christine Myers vs. Mark Dorward.dha Sandlprnnn Assn CLAIM NO. 542-05 SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT CV YEAR //n/! J J`/'// / yJ LT YEAR This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. Signature o Prothonotary a epu 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 form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.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 Christine appellee(s), to file a complaint in this appeal ciates Name of appellee(s) (Common Pleas No. d LP?c 62/ ) within twenty (20) days after service of I'# r f r entr of j d ent of non pros. ?- bze 93? y /? Sign tur of a ella or hattorney or agent RULE: To Christine Myers appellee(s) l/R?F1 ? ur1 f 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 WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the (mailing. December 19, 2005 /l Date: Year _`?`.?a"z' /l ?KyJ SLJ? J Signature of Prothonotary or D ut White - Prothonotary Copy Green - Court File Copy Yellow - AppelanPs Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 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 the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF _; ss AFFIDAVIT: I hereby swear or affirm that I served ? a copy of the Notice of Appeal, Common Pleas No. upon the District Justice designated therein on (date of service) year ?by personal service E]by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name on year. _ ? by personal service Q 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 year ? by personal service E]by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR Sgnafure or official before whom modavit was made Sgnafure of Affmot TWO of orfoof N O My commission expires on year _ ,.\ C c°ir -n _ '?Y ? Flit I C?'7 m m v ,,,•iii? r' roF?i v \ ?j c' tO T, °7 e 1 ?c w Orn L h c w fv an T ? - ?rhh A: - M1 CAS'- LLg9 Ctu?C_7; .i j AMENDED CERTIFICATE OF SERVICE I, G. Philip Rutledge, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy of the foregoing Answer and New Matter of Defendant Mark Dorward, dlbla Sandelman Associates to Complaint on January 25, 2006 by depositing a copy of the same in the possession of the United States Mail, first-class, postage prepaid, and certified mail, return receipt requested, addressed as follows: Christine Myers 336 No. 26`h Street Camp Hill, PA 17011 Dated: SHUMAKER WILLIAMS, P.C. 7 By c Z C ?? G. Philip ut edge, Esquire P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 ,_> ' , 4 C11IMMONWEALTH OF PENNSYLVANIA Mag. Dist. No. 09-1-02 MDJ Name: Hon. ROBERT V. MANLOVE A"'s 1901 STATE ST CAMP HILL, PA Telephone (717) 761-0583 17011-0000 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS I'MYERS, CHRISTINE 336 N 26TH ST CAMP HILL, PA 17011 L DEFENDANT: rNARK DO'RMAN DBA 601 WALNUT ST BLDG 2 J VS. NAME and ADDRESS SANDLEMAN ASSOC LNEW CUMBERLAND, PA 17070 J MARS DORMAN DBA SANDLSMAN ASSOC 601 WALNUT ST Docket No.: CV-0000542-05 BLDG 2 Date Filed: 10/17/05 NNW CUMBERLAND, PA 17070 THIS IS TO NOTIFY YOU THAT: Judgment - ` DEFAE LT 1aDgMENT PLTF ® Judgment was entered for: (Name) xyBRA, r-%RTA9'TWW ® Judgment was entered against: (Name) Kill DoRxax DBA AANDT.EWAN Aacn in the amount of $ AAA'_ 2R on: ? Defendants are jointly and severally liable. Damages will be assessed on: fjtr This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ ? Portion of Judgment for physical damages arising out of residential lease $ 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 JUDGMENT/TRANSCRIPT 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. tf .1 Date MAgistgriatDistridtJudge I c rtify t *t this is a true and o of the rec rd t 4r'edings contalnf ig the judgment. Date _l/ / q Maki.5t$riai.L)istribt Judge 3 My commission expires first Monday of January, 2006. SEAL AOPC 315-05 DATE PRINTED: 11/17/05 1:47:21 PM " (Date of Judgment) 11117105 (Date & Time) Amount of Judgment $ 800.00 Judgment Costs $ 88.28 Interest on Judgment $ .00 Attorney Fees $ 0 .0 Total $ 888.28 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total --- $ --------- COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT Vark Oorward, 11$A Sandleman Associates ADDRESS OF APPELLANT 601 Walnut Alley, DATE OF JUDGMENT 11/17/05 LT YEAR CITY CLAIM NO. 54 i CV YEAR MAG. DIST. NO. OR NAME OF D.J. 09-1-2 STATE ZIP CODE PA ?7070 (DEFENDANT) ys. Mark Dorward dha Onndlaman Ass ('iatpF OF APPELLANT OR HIS ATTORNEY OR AGENT New Cumberland Christine This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. gna re o ro ono ary or epu 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 form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.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 Christine Myers , appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. t ! 4i , V I {ah! 1 within twenty (20) days after service of ro f r ent r of j d mEnt of non pros. Sign Pure of a Pella or h's attorney or agent RULE: To Christine Myers appellee(s) Name of appeflee(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 ypa do?not-file a cbmoJint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) :The date of service of this rule'r,if service was by mail is the date of the mailing. December 19, 2005 ) / t Date: . Year i . White - Prothonotary Copy Green - Court File Copy, 7 _ Yellow - Appelant's Copy. ?? -..-. Pink - Appellee Copy Gold - D. J. Copy Signature of Prothonotary or Deputy] Froth. - 76 NOTICE OF APPEAL _...,. _ ...., ..... _a.R Pik S.1 :.. ,. . y M = M . art o 0' O EM O m 0 N ru C3 ?`QI?YJI Yk u. 17 PD Bc a s ? -n i ?? Y?r9 Yip m ;O L -n :. o' 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 the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served M'Wcopy of the Notice of Appeal, Common Pleas No. J C_ L: "1, 9 _, upon the District Justice designated therein on (date of service) )'j, -- LCt -O F' , year ? by personal service [Dby (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name (!,1N ft.'•? H . M . -I-? lCl -c,,- year, E] by personal service ® by (certified) on 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 12 - (ct -0 s , year ? by personal service [Eby (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS Y-1- DAY F 17 ? L -YEAR sonature of oll' b. re a/!C a w m Tdle of offbial My commission expires on year COMMONWEALTH OF PENNSYLVANIA Notarial Seal Anthony J. FoschI, Notary Public Lower Allen Twp., Cumberland County My Commission Expires Aug. 11, 2009 Member, Pennsylanrna Association of Notaries ?? ?? // ? naNre ofAllunl U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic mail only; No insurance Coverage Provided) r ru .n or -47 r ? n I?ee I ? I Lfl r Posrrnnrx Ret nRe-iptl, He,e ? (Entlorse otRequi P-1 ?_L?? O Restdcted 00 V,p• Fns O (Endorsement Require dl ?_ 1...._ - M Total Postage & Fees i $ r-? M - -- M Sent To ra Sweet Apt. No.; or PO Box No. El n__ - O cir ,State, ZIP+ 4 r` (? m t: 1-it?C P0.. ? 70 1 1 :. r.r COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Map- Dtst No 09-1-02 MDJ Name. Hon. ROBERT V. MANLOVE Address' 1901 STATE ST CAMP HILL, PA Telephone: (7171 761-0583 17011-0000 COMMON PLEAS NOTIFICATION PLAINTIFF: REQUEST FORM rM NAME and ADDRESS YERS, CHRISTINE ? 336 N 26TH ST CAMP HILL, PA 17011 L J Vs. DEFENDANT: NAME and ADDRESS FKAR& DORMAN DBA SANDLEMAN ASSOC 601 WALNUT ST COURT OF CONNON PLEAS BLDG 2 ar t 1vnL1Z?r??'s C? ?j Cc L!W CUMBERLAND, PA 17070 C??? w t?eur?hcu Docket No.: CV-0000542-05 ccx-i,rF4 Date Filed: 10/17/05 ?ti 1?51?, P+r! ?? t3 Disposition Date: 11/17/05 Please be advised that an appeal has been filed in the above captioned case. Kindly use this form to indicate the results in this case, and return to the issuing authority (listed above) RESULT OF APPEAL Common Pleas Judge CIVIL-LANDLORD/TENANT APPEAL - APPEAL STRICKEN - appeal has been disallowed. APPEAL DISCONTINUED - appeal has been discontinued by appellant. MAGISTERIAL DISTRICT JUDGE DECISION UPHELD - court has reached the same decision as the magisterial district judge judgement. MAGISTERIAL DISTRICT JUDGE DECISION DISMISSED - court has reached a decision that does not concur with the district justice decision. WRIT OF CERTIORARI WRIT STRICKEN - appeal has been disallowed. WRIT DISCONTINUED - writ has been discontinued by appellant. MAGISTERIAL DISTRICT JUDGE DECISION SET ASIDE - the case will be reheard due to irregularity, lack of juristiction, or improper venue. WRIT DISMISSED - magisterial district judge decision was not found to be flawed, lacking jurisdiction, or having imp oper venue. STATEMENT OF OBJECTION (Please give a general summary of the results) OBJECTION DISCONTINUED - objection has been discontinued by the appellant. - OBJECTION DENIED - objection has been denied by the Court of Common Pleas. - OBJECTION UPHELD - appellant's objection has been upheld by the Court of Common Pleas. AOPC 7296-05 DATE PRINTED:12/21/05 2:54:08 PM COMMONWEALTH OF PENNSYLVANIA wcni WTV nG- CUMBERLAND Mag. Dist No.: 09-1-02 MDJ Name: Hon. ROBERT V. MANLOVE Add,ess' 1901 STATE ST CAMP HILL, PA Telephone (717) 761-0583 17011-0000 COMMON PLEAS NOTIFICATION PLAINTIFF: REQUEST FORM NAME and ADDRESS I'MYERS, CHRISTINE 336 N 26TH ST CAMP HILL, PA 17011 L J VS. DEFENDANT: NAMEand ADDRESS rMAR& DORMAN DBA SANDLENAN ASSOC 601 WALNUT ST BLDG 2 LrW CUMBERLAND, PA 17070 J ROBERT V. MANLOVS 1901 STATE ST Docket No.: CV-0000542-05 CAMP HILL, PA 17011-0000 Date Filed: 10/17/05 Disposition Date: 11/17/05 Please be advised that an appeal has been filed in the above captioned case. Kindly use this form to indicate the results ;in this case, and return tot4p?4Fs g authority (listed above), RESULT OF APPEAL Common Pleas Judge CIVIL-LANDLORD/TENANT APPEAL - APPEAL STRICKEN - appeal has been disallowed. - APPEAL DISCONTINUED - appeal has been discontinued by appellant. MAGISTERIAL DISTRICT JUDGE DECISION UPHELD - court has reached the same decision as the magisterial district judge judgement. MAGISTERIAL DISTRICT JUDGE DECISION DISMISSED court has reached a decision that does not concur with the district justice decision. WRIT OF CERTIORARI WRIT STRICKEN - appeal has been disallowed. WRIT DISCONTINUED - writ has been discontinued by appellant. MAGISTERIAL DISTRICT JUDGE DECISION SET ASIDE - the case will be reheard due to irregularity, lack of juristiction, or improper venue. WRIT DISMISSED - magisterial district judge decision was not found to be flawed, lacking jurisdiction, or having imp oper venue. STATEMENT OF OBJECTION (Please give a general summary of the results) OBJECTION DISCONTINUED - objection has been discontinued by the appellant. OBJECTION DENIED - objection has been denied by the Court of Common Pleas. OBJECTION UPHELD - appellant's objection has been upheld by the Court of Common Pleas. AOPC 72913-05 DATE PRINTED:12/21/05 2:54:08 PM CJ r> ° r, C ."'"?+ -s f l? .r.i`? ii - rn N ? _` ? yc IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, uS- ? 649 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 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 or for any other claim or relief requested by the Plaintiff. You may lose money or property, or other rights important to you, including child custody, or child visitation. 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 INFORMATION ABOUT 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 REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 F. ( or a-- Ca?ts??,? M?Jc?s 6 d ba s74jD(-c m(tl-) Asso('jA"t-S Gu WkNU, ACfc?y' New ( owcy? ANA i PA IOO?o NOD U O IF CoMPcl? l" COMMOO PCo No, 0S-6 ty d f DscK(i3C)/) IrJ C?ui?- CoM???itJ-l Fr- to/lq/os, IN MR{ . IS T-. Ij OCl - i -Oa (RCO?Tl U, MANL'ovf)) ?A DL,-tMPrN E1 TNorrr CWCRJ?- ??IOJJ Cs ?? taw N500470) Rt?COUCP A PC--P6s'T OF 4W F"P -W ?CA-r- . W JXTOSk-? Ct*jK W M CMNt"D. PA OOnWPAp's BQS'rNtSS PAp'lNa, Pia. SvNppr" cc" -j 1-?f (wpo+jy. (a T scKpuvc'p R me-Oln1v WI-M Mti, 1DO(wm) 4f,4 Rm a'1 A os Is. 4 DDf\wPmD tum A 00- S43w T A TZ?n1D ?AamT j6 vjw Scttooux )gym o1 JUNOS l.'l1. ?1(l. T WAND wry ONE Cwvti LIZ , M C-In?w otJ 03-JUNOS7 wm FN?? SCKDUL- rok- M? 30 MiNon-?) LA1? AN)> (OoiP NOS" r-7Np -)HE Ci lice OF P 1CIRUO 6Y1 CJNCf?E1E t PEA W? P' a. ,Fa (, D MM o n.J P u?"11-r ti' o . C;S- (??,9- y W% war ti? ?I?IP(LrSSL?? w, 1JR_ J?o?wa?o'S C A?iLA Dlals?u APPRoA?? o?? A a-0 N c, S an. 00 0- PnG7ZZT D N oT L 1 STEM 'J') V? Wei ?t? of 1?4t OR -T (SuNRo?M FWJ?) ptwpj oRS Dy ?(C121?6R??, c FT Mt SSA ?l vi31n1? 6u(L 'DEPUS'T Q? X400 (ZtlUrt?1? 01j 31?s? Ws3JANO S?U) C: W1'M MSC, poll-tnJA1U) W? ?3i Lr?TaN?.u R ?--?SEP ? H?NOYI -? A?-o?LeI??ONt?J RZ-Utz1 Q Ord 11 bq dos ; 1- W P8 A VjM QC2D 'PC- FN (. i )U DG?7?t?7v i ?)6L L, CUI-P 'N Sf?1? v? ??? (A?S I G nl cv (o o k7 { uC-P -Iwo C N?z1?s FM ?'4 T 5?bu(D lvOT 4?JWG ID WR 1T pot jl S Fin AV PC-P05 1-y Ju 3E RMWC p P?, Vorgwwp F-I?L--D APPI-prL 60 (1bkZC1S, l I !l(N6 A COIWAUP rv i bn1 Gq TA?olo (0 {CAUL CF?Se l ?r??1?D Ilu l?)r (U\)1 OF Cd PCeI\4. ??brS .E "(TtU„ d t/FhC,,v 0.J , NRA,fi- J v NJ ?_ C 'v ( } :7 __ L:y _-1 `r ; „? ????r- 1 Tjl ?_ If" _'] ?. in N :?? _„ G? CHRISTINE MYERS : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. MARK DORWARD, d/b/a SANDELMAN ASSOCIATES Defendant NO. 05-6649 Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER OF DEFENDANT MARK DORWARD, d/b/a SANDELMAN ASSOCIATES TO COMPLAINT WITH NEW MATTER NOW COME Defendant, Mark Dorward, d/b/a Sandelman Associates (hereinafter "Defendant"), by his attorneys, Shumaker Williams, P.C., to answer the Complaint filed pro se by Christine Myers (hereinafter "Plaintiff) in the above-captioned matter, averring as follows: Denied. The first check representing a deposit of $400.00 given by Plaintiff to Defendant was returned for insufficient funds for which Defendant incurred a bank charge of $30.00. When Defendant advised Plaintiff of the "bad" check, Plaintiff issued another check payable to Defendant in the amount of $400.00. Denied. Defendant recalls several meetings with Plaintiff and, except for one time when Defendant expected to meet Plaintiff at his place of business when Plaintiff expected him to meet her at her home, Defendant does not recall that there were any issues with respect to timeliness. 3. Denied. Defendant, on numerous occasions, provided Plaintiff and her husband with various designs and ideas concerning their proposed project which related to a surround for their new swimming pool. Plaintiff also visited Defendant's place of business to look at additional designs and finishes and to take some samples. 4. Denied. To the contrary, Defendant was unable with any regularity to contact Plaintiff. Telephone calls from Defendant to Plaintiff would go unanswered and Plaintiffs contact with Defendant was erratic. Because the initial project was part of a larger project, it was important for Defendant to get a definitive go ahead on the initial project and design so he could accommodate scheduling of the larger project. Weeks would go by without Plaintiff responding to Defendant's calls. Denied. Plaintiff engaged Neal Sunday, who had been in Defendant's employ until May 31, 2005, to complete the project for which she had given Defendant a deposit of $400.00 in his individual capacity. Therefore, Defendant was aware that Plaintiff would not be awarding him any of the potential work which was represented by the $400.00 deposit. There was no understanding or agreement between Defendant and Plaintiff that the $400.00 deposit would be refundable. Further, Plaintiff, in connection with soliciting work from Defendant, expended more than $400.00 in time and materials as set forth below: a. Devoted a minimum of one hour for the initial sales call (with Neal Sunday) on Plaintiff b. Provided Plaintiff with numerous samples to facilitate the design and selection process. c. Made numerous trips (with Neal Sunday) to Plaintiff's home to drop off picture books and assess the scope of the initial phase of the proj ect. d. Made a special trip to Plaintiff's home to pick up second deposit check for $400.00 as the first check for $400.00 which Plaintiff gave Defendant was returned for insufficient funds. e. Spent a minimum of two hours with Plaintiff as she made several visits to Defendant's business premises to see other samples and have Defendant's staff explain and advise on color and design options. f. Made repeated telephone calls to Plaintiff to schedule start of the project but Plaintiff consistently exhibited uncertainty as to when Defendant would be able to begin the project. 6. Denied. This was not a matter of intentional neglect. Defendant, being a single small business owner, has many demands on his time from employees, customers, suppliers, etc. and, given the myriad of demands, he honestly forgot about the hearing date and time. His failure to appear at the hearing was totally unintentional and he meant no disrespect to the District Justice. 7. Admitted in part. Defendant, to date, has sent Plaintiff three checks for $40.00 each for a total $120.00. Denied. The writing in the Complaint, which was faxed to Defendant's attorneys, is illegible. WHEREFORE, Defendant Mark Dorward, d/b/a Sandelman Associates respectfully requests that this Honorable Court enter judgment in its favor, dismiss the Plaintiffs' Complaint with prejudice, and further award Defendant such other relief as is proper and just. NEW MATTER While Defendant still believes he is entitled to retain the $400.00 deposit for time and materials already expended on Plaintiffs behalf, Defendant decided to offer Plaintiff return of the $400.00 deposit by paying Plaintiff $40.00 per month for ten months. The monthly amount was determined based upon a sum that could be accommodated within Defendant's monthly cash flow which, for a small business, fluctuates greatly. 2. On November 16, 2005, Defendant sent a letter to Plaintiff by certified mail, return receipt requested, wherein he proposed to pay Plaintiff $40.00 per month for ten months, and enclosed a check for $40.00. 3. Plaintiff received the letter on November 18, 2005 and has not rejected this arrangement either in the Complaint or to the Defendant directly. 4. To date, Defendant has sent Plaintiff three checks for $40.00 each for a total of $120.00 and has every intention of honoring the full terms of his proposal. WHEREFORE, Defendant Mark Dorward, d/b/a Sandelman Associates, respectfully requests that this Honorable Court enter judgment in its favor, dismiss the Plaintiffs' Complaint with prejudice, and further award Defendant such other relief as is proper and just. NOTICE TO PLEAD TO: CHRISTINE MYERS, Plaintiff You are hereby notified to file a written response to the enclosed Complaint and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Dated: SHUMAKER WILLIAMS, P.C. By G. Philip Rutledge, LD. 928h6 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorney for Defendant Mark Dorward, d/b/a Sandelman Associates CERTIFICATE OF SERVICE I, G. Philip Rutledge, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy of the foregoing Answer and New Matter of Defendant Mark Dorward, d/b/a Sandelman Associates to Complaint on this date by depositing a copy of the same in the possession of the United States Mail, first-class, postage prepaid, addressed as follows: Christine Myers 336 No. 26`h Street Camp Hill, PA 17011 SHUMAKER WILLIAMS, P.C. Dated: By -1 - P G. hilip Rutle ge, Esquire P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 VERIFICATION The undersigned, Mark Dorward, hereby verifies and states that: 1. He is the Defendant in the above-captioned matter; 2. The facts set forth in the foregoing Answer and New Matter are true and correct to the best of his knowledge, information, and belief; and 3. He is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dated: Defendant 185327 ? , ., r= ,. 'n r -? r _ , ?. ?:1 - ?', ;._, r- c Curtis R. Long Prothonotary office of the Vrotbonotarp Cumberfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 09-1 14?] CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, 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