HomeMy WebLinkAbout87-0066 ZION & SIEGEL ASSOCIATES
BY: MARLENA SIEGEL, ESQ.
ATTORNEY NO. 30528
\
919 CONESTOGA ROAD ',
SUITE 101
ROSEHONT, PENNSYLVANIA 19010
TELEPHONE: (215) 527-2920
IN THE COURT OF COMHON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAN
HALMODE APPAREL, INCo : No.66 -1987
728 Wertz Road :
Roanoke, VA. 24012 :
:
VS. :
:
FIDDLERS GREEN SHOP 9 :
Camp Hill Shopping Center :
Camphill, RA 17011 : Civil Action
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Kindly reinstate the Complaint with regard to the above
captioned matter.
ZION & SIEGEL ASSOCIATES
BY:
Attorney For Plai~
DATED: April 27, 1987
SHERIFF ' $ RETURN
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND In the Court of Cormnon Pleas of
Cumberland County, Pennsylvania
No. 66 Civil 1987
Halmode Apparel, Inc. Civil Action
VS
Fiddlers Green Shop 9
WILLIAM K. BECK, Sheriff, who being duly sworn according to law,
says, that he made diligent search and inquiry for the within named defendant
Fiddlers Green Shop 9
to wit:
them
but was unable to locate
in his bailiwick. He therefore returns the Civil Action
NOT FOUND, as to the within named defendant, Fiddlers Green Shop 9
Sheriff's Costs: So answers:
Affidavit
Surchmr~ 2.00 · WILLIAM K. BECK, Sheriff
pd. by
$
25.43
arty 1-15-87
Sworn. and subscribed to before me
this c~ day of~
rotnonotary
:' ,', ................ EXHIBIq~
SHERIFF'S RETURN
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Halmode Apparel Inc. In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 66 Civil Term, 1987
VS Reinstated Civil Action
Fiddlers Green Shop 9
WILLIAM K. BECK, Sheriff, who being duly sworn according to law,
says, that he made diligent search and inquiry for the within named defendant
to wit: Fiddlers Green Shop 9
but was unable to locate them
in his bailiwick. He therefore returns the Reinstated Civil Action
NOT FOb~D, as to the within named defendant, Fiddlers Green Shop 9
Sheriff's Costs: So answers:
.Docketing 14.00
Affidavit
Surcharge 2.00 WILLIAM K. BECK. Sheriff
25.43 Pd by Atty.
5-28-87
Sworn and subscribed to before me
Prothono~ary /
ZION & SIEGEL ASSOCIATES
BY: MARLENA SIEGEL, ESQUIRE
ATTORNEY NO. 30528
919 CONESTOGA ROAD
SUITE 101
ROSEMONT, PENNSYLVANIA 19010
TELEPHONE: (215) 527-2920
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
728 WERTZ ROAD :
ROANOKE, VA 24012 :
:
VS.
FIDDLERS CREEN SHOP 9 :
CAMP HILL SHOPPING CENTER :
CAMP HILL, PA 17011 : CIVIL ACTION
NOTICE
You have been sued in Court. If you wish to defend against the
claims set forth in the followinq pages, you must take action within
twenty (20) days after this Complaint and Notice are served by
entering a written appearance, personaiiy or by ~ttorney 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 Oudgment 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 riqhts 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.
COURT ADMINISTRATOR
3rd FIoor- Court House
CumberIand County
Cariisie, Pennsyivania
(~-~75-459~)
TRUE COPY FF?,'~:,; RECORD
In Testim,:.~'y whir? f, , L:.'~ u~}':o s~t my band
and th~ s,.; cf ~i ....... ~ ........ ,a~ ,
THIS I5: AN ARBITRATION MATTER
ASSESSMENT OF DAMAGES HEARING NOT REGUIRED
ZION & SIEGEL ASSOCIATES
BY: MARLENA SIEGEL, ESQUIRE Attorney £or: PLAINTIFF
Attorney I.D. No. 30528
Suite 408, 1422 Chestnut Street
Philadelphia, PA 19102
215-963-9~00
: COURT OF COMMON PLEAS
HALMODE APPAREL, INC. : CUMBF. RLAND COUNTY
728 WERT2 ROAD
ROANOKE, VA. 24012
FIDDLERS GREEN 5HOP 9 : TERM, 1985
CAMP HILL SHOPPING CENTER :
CAMPHILL, PA. 17011 : NO.
: CIVIL ACTION
~!VIL ACTION
1. Plaintiff, HALMODE APPAREL, INC., (hereinafter referred to
"HALMODE"), ia a corporation organized and existing under the Zaw~ o~ the ~he
state of Virginia and doin9 bueiness at 728 WERTZ ROAD, ROANOKE, VIRGINIA·
2. Defendant, FIDDLERS GREEN SHOP 9, (hereinafter referred to aa
"FIDDLERS"), ia believed and therefore averred to be a corporation organized
and exi~tZn9 under the ~awa of the Commonwealth of PennayZvania, and doing
business at CAMP HILL SHOPPING CENTER, CAMP HILL PENNSYLVANIA.
3. At the ~pecial ine~ance and reques~ of defendant, FIDDLERS,
pZaintif~, HALMODE, ~old and delivered to defendant, FIDDLERS, 9ood~ at ~he
times, of the kinds, Zn the quantities, and £or the prices set forth in
plaintiff, HALMODE'~, book~ of original entry. A true and correct copy
which ia attached hereto, incorporated herein by reference and deezgna~ed
HALMODE v.. FIDDLER3 GREEN ~HOP
Exhibit "l".
4. Defendant, FIDDLER~, received and accepted the goods described in
Exhibit "1".
5. The prices set forth in Exhibit "1" are the fair, reasonable and
market prices for said goods , and the prices which defenUant, FIDDLERS, agreed
to pay.
6. all credits, if any, to which defendant, FIDDLE~S, is entitled, are
set forth in Exhibit "1".
7. In addition, plaintiff, HALMODE, avers that defendant, FIDDLERS, has
failed and continues to fail to Bake any payments, leaving a balance due and
owing of $6,163.77.
8. Plaintiff further alleges that from FEBRUaRy i9~5 interest to date
is due and owin9 in the amount of $647.22.
9. although demand has been made, defendant, FIDDLERS, has failed to e
make payment of the amount of $6,810.99.
WHEREFORE, plaintiff, RaLMODE, prays this Honorable Court grant ]udgment
in favor of plaintiff, HALMODE, and against defendant(s), FIDDLERS, for the sum
of $6,810.99 plus costs, interest and reasonable attorney's fees, as follows:
Principal S6,163.77
Interest 647.22
at the =ate of 6~
from 2-85 to 11-86
Court Costs
Attorney's Fees
TOTAL $6,810.99
ZION AND SIEGEL ASSOCIATES
BY: HARLEHA SIEGEL, ESQUIRE
Attorney for Plaintiff
ZION & SIEGEL ASSOCIATES
BY: MARLENA SIHGEL, ESQUIRE Attorney £or: PLAINTIFF
Attorney I.D. No. 30528
Suite 408, 1422 Chestnut Street
Philadelphia, PA lg102
215-g63-g400
File #02119
: COURT OF COMMON PLEAS
HALMODE APPAREL, INC. : CUMBERLAND COUNTY
VS.
: TER~,
FIDDLERS GREEN SHOP 9 :
; NO.
VERIFICATION
Richard U. ¥oun~er hereby states that he/r.]m~is the plaintiff zn
thie action and verifies that the statements made in the civil action complaint
are true and correct to the best o£ his/her knowledge, information and belief.
Further, any averments made in the alternative are based upon personal
knowledge and/or zn£ormation and be2ie£. The undersigned understands that the
statements therein are made sub3ect to the penalties of 18 Pa.C.S.A. §4909
relating to unsworn falsification to authorities.
DATE: 12/11/86
DIVISIONS & CODES PLANT
CARI~,/CRESTMO~IT 8 PLAZA, SOUTH 72:8 WERTZ ROAD.
PENDING 9 SNOW.RD ROANOKE. VA. 240
HALMODE: PLUS I 0 HALMOOE: PETITE 703-563-2E101
SUNSHINE',/'STARSHINE I 2 JACK MURPHY
sJa. w,z ~, HALHO0: APPAREL
MAILO~DF.~ PLEASE '
7WlL.DC:aEST REMIT PR(IR aOX 05393
TO CHARLJTTEs N.C. 28265
J"' THE VILLAGE OF FIDDLE~[S -] o^T,~
5/Z1/86
GREEN SHOP 9
· CUSTOMER'
9 MEAOOk/ LANE
LA.NCASTERt PA [7601.
L _j A"OUNT ,.CLOS£O
.......... IIi ........
TRANSACTION ENV.
DATE DESCRIPTION CODE CU$TOMER OR INVOICE O~
5TO~E NO. CREDIT NO. CHARGE5 CREDITS
2/28/~5 ]'t~V q. 82616q ~58702 3t 599.53
3/13/65 INV 8 82616~. 88005% l~ 702.79
3/21/85 INV 8 8Z6164 881062 609.28
3/26/85 [NV ~, B2615'~. ~-6[125 538.17
3/20/85 [NV 8 B26 ].6zf ~81399 218o 1%
3/29/85 ]'NV 8 826 [6~. 880053 983.. 29
%/02/85 CASH 826 ].6~. &8005~. [sO37o97-
z~/26/U5 ADJ 8Z bi. 6ze 88005% IF 037,.97
6/[A./U5 £P.H 82615ze 3838 87oq. O-
B/16/85 CASH 82615~ 169 500.00-
10/11/85 CASH 82615~* 196 ~00.00-
11/11/85 CASH 8261(~ 220 500e00--
HALM_O~_E APPAREL.: SEE ABOVE FOR
INC. DIVISION CODES BALANCE DUE I~ 6 · I b 3.7
'~ EXfllBt~ "An
; ..j ~ ~
r
ZION & SIEGEL ASSOCIATES
.BY: HARLENA SIEGEL, ESQUIRE
ATTORNEY NO. 30528
919 CONESTOGA ROAD
SUITE 101
ROSEMONT, PENNSYLVANIA 19010
TELEPHONE: (215) 527-2920
IN THE COURT OF COMHON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
C[VIL ACTION - LAW
HALMODE APPAREL, INC. : NO. 66-87
728 WERTZ ROAD :
ROANOKE, VA 24012 :
V8, :
FIDDT.RRS C~RRN and THE ~TIAC~E OF FIDDT.RRS :
GRR~N SHOP 9 : CIVIL ACTION
Camp Hill Shopping Center
Camp Hill, PA 17011 NOTICE
You have been sued in Court. If you wish to defend against the
¢181m8 8et forth in the followinq pages, you must take action within
twenty (20) day8 after this Complaint mhd Notice 8re served by
entering 8 written appearance, personally or by pttorney 8nd riling
in writing with the Court, your defense8 or objection8 to the claim8
set forth 8§ainst you. You 8re warned thmt if you fail to do 80, the
c88e mmy proceed without you 8nd 8 3udgment may be entered 89sinai
you by the Court, without further notice, for 8ny money claimed in
the Complaint or for any other claim or relief requested by the '
Plaintiff. You may lose money or property or other riqhts 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.
COURT ADMINISTRATOR
)rd Floor - Court House
Cumberland County
Carlisle, Pennsylvania
(1-~7s-4591)
ZION & SIEGEL ASSOCIATES
BY: MARhENA SIEGEL, ESQUIRE Attorney for: Plaintiff
Attorney I.D. No. 30528
Suite 408, 1422 Chestnut Street
Philadelphia, PA 19102
215-963-9400
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW
HALMODE APPAREL, INC. : NO. 66-87
728 Wertz Road :
Roanoke, VA 24012 :
:
VS. ~
BONNIE DEWALT, ind., and t/a :
BRIAR PATCH and FIDDLERS GREEN and :
THE VILLAGE OF FIDDLERS GREEN SHOP 9 :
Camp Hill Shopping Center :
Camp Hill, PA 17011 : CIVIL ACTION
AMENDED COMPLAINT
1. Plaintiff, HALMODE APPAREL, INC., (hereinafter referred to as Plaintiff),
is a corporation organized and existing under the laws of the state of Virginia
and doing business at 728 Wertz Road, Roanoke, Virginia.
2. Defendant, BONNIE DEWALT, (hereinafter referred to by name) is believed
and therefore avers to be an individual, domicilicary of the Commonwealth of
Pennsylvania.
3. Defendant, BRIAR PATCH a/k/a FIDDLERS GREEN a/k/a THE VILLAGE OF FIDDLERS
GREEN SHOP 9, (hereinafter referred to as Defendant) is an entity of unknown
composition doing business at Camp Hill Shopping Center, Camp Hill, Pennsylvania.
COUNT I
3. At the special instance and request of Defendants, Plaintiff sold and
delivered to Defendants, goods at the times, of the kinds, in the quantities, and
for the prices set forth in Plaintiff's books of original entry. A true and
correct copy of which was attached to the original Complaint as Exhibit "1" and
incorporated herein by reference as if set in full.
4. Defendants received and accepted the goods described in Exhibit "1".
5. The prices set forth in Exhibit "1" are the fair and reasonable market
prices for said goods, and the prices which Defendants agreed to pay.
6. All credits, if any, to which Defendants are entitled, are set forth in
Exhibit "1".
7. Plaintiff alleges that from February 1985, interest to date is due and
owing in the amount of EIGHT HUNDRED THIRTY TWO DOLLARS AND ELEVEN CENTS
($832.11).
8. Although demand has been made, Defendants have failed to make payment of
the amount of SIX THOUSAND NINE HUNDRED NINETY FIVE DOLLARS AND EIGHTY EIGHT CENTS
($6,995.88).
WHEREFORE, Plaintiff prays this Honorable Court grant judgment in favor of
Plaintiff and against Defendants for the sum of SIX THOUSAND NINE HUNDRED NINETY
FIVE DOLLARS AND EIGHTY EIGHT CENTS ($6,995.88), plus costs, interest and
reasonable attorney's fees.
COUNT II
9. Paragraphs one (1) through eight (8) of Plaintiff's Amended Complaint are
incorporated herein by referenced as if set out in full.
10. On April 10, 1985, Bonnie DeWalt executed and delivered a check to
Plaintiff, drawn on Farmers First Bank, for payment of ONE THOUSAND THIRTY SEVEN
DOLLARS AND NINETY SEVEN CENTS ($1,037.97) to the order of Plaintiff, for partial
payment of the balance due Plaintiff per Exhibit "1". A true and correct copy of
said check is attached hereto as Exhibit "2" and incorporated herein by reference
as if set in full.
11. Shortly after receipt, Plaintiff presented the check to Farmers First
Bank for payment, but bank refused to make payment on the grounds that the account
on which the check was drawn was closed.
12. On January 27, 1986, Bonnie DeWalt executed and delivered a check to
Plaintiff drawn on Fulton Bank for payment of FIVE HUNDRED DOLLARS ($500.00) to
the order of Plaintiff, for partial payment of the balance due Plaintiff per
Exhibit "1". A true and correct copy of said check is attached hereto as Exhibit
"3" and incorporated herein by reference as if set in full.
13. Shortly after receipt, Plaintiff presented the check to Fulton Bank for
payment, but the bank refused to make payment on the grounds that Defendants had
stopped payment on the check.
14. Although demand of the sum justly due Plaintiff has been frequently
made, Defendants neglected, failed and refused to make payment thereof.
15. Defendants knowingly, willfully and with malicious intent presented
checks to Plaintiff which Defendants knew to be uncollectible.
WHEREFORE, Plaintiff prays this Honorable Court grant Judgment in favor of
Plaintiff and against Bonnie DeWalt, individually, and Defendants in the sum of
ONE THOUSAND FIVE HUNDRED THIRTY SEVEN DOLLARS AND NINETY SEVEN CENTS ($1,537.97),
plus $1,500.00 for Defendants willful presentment, plus costs, interest and
attorney's fees.
ZION & SIEGEL ASSOCIATES
Attorney for Plaintiff
' FIL£ COPY
ZION & SIEGEL A?~'OGZATE.q
BY: NARLEIdA SIEGEL, ~GUI~ ~o~ney ~o~: PLainTIfF
A~ney Z.D. No. ~528
~u~te ~. 14~ Chef.ut
P~i~ade~phla, P2 ~9102
~E ~P~, I~C. : CU~D ~U~TY
:
:
: TERM,
FZDD~ GR~ ~OP 9
.
ers true ~d ~FFI~ ~o ~ho ~l~ o~ him/her ~l~9o, z~ormatZofl and
F~er, ~y averm~te made An tho alt~na~ive ~o based u~fl ~r~flei ·
kno~l~ge ~d/~ Zn~orma~A~ ~d ~AAe~. The ~deFaAgnoo ~d~a~en4a ~A4~ ~Ae
a~a~aen~a ~ereAn ~e made s~ ~o ~he ~nal~A~ ~ 18 Pa.C.3.A. ~4904
rela~zng to ~n ~alaificati~ to auth~itiea.
DATE: 12/11/86
PAY
TO TH: OF
ORDER OF
.-,
. c~ I
DOLLARS
/
! ! "/-
~ . c t u~ ,~OOO0~O~?q?,~
COMiM_.ONW~A~TH. OF PENNSYLVANIA
COU~TY OF CL.~4BERL~ND
Halmode Apparel Inc. In the Court of Common Pleas of
Cumberland County, Pennsylvania
No, 66 Civil Term, 1987
VS Amended Complaint
Bonnie DeWalt ind. and t/a
Briar Patch and Fiddlers Green
and The Village of Fiddlers
Green Shop 9
SERVE Briar Patch
Harry King, . ~f,f~fx~x Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law, says,
zhat he served the within Amended Complaint
Bonnie DeWalt ind. and t/a Briar Patch and Fiddlers Green and The
upo~Billage of Fiddlers Green ShQP~he defendant, at 4:00 o'clockP M.
9
~x/ EDST, on the 2nd day of June ., 19 87 , at
Camp Hill Shopping Center, Camp Hill ,Cumberland County,
(street number) (city or town)
Pennsylvania, by handing to Bonnie DeWalt Owner of Briar ~atch,, .~
a true and attested copy of the Amended Complaint
and at the same ~ime directing her attention to the contents ~hereof and
the "No'rice to Plead" endorsed ~hereon.
Sheriff' s Cos ts: S° ~nswers :~/,66~m~- ~~_~
Docketing 18.00 /~.z/~/~_ ~ , Sheriff
Service 9.43
Affidavit
Surcharge 4.00 WILLIAM K. BECK,'~herzrf
31.43 Pd. by Atty. ~~-~~ /~
Sworn and subscribed before me ~-2-87 by
HALMODE APPAREL, INC. : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : NO. 66-87
:
BONNIE DEWALT, ind., and : CIVIL ACTION - LAW
t/a BRIAR PATCH and FIDDLER'S :
GREEN and THE VILLAGE OF :
FIDDLER'S GREEN SHOP 9, :
Defendant :
ANSWER TO AMENDED COMPLAINT
1. Admitted.
2. Admitted.
3. The Defendant, Bonnie DeWalt, is engaged in the
business of the retail sale of womens clothing and
accessories trading under the assumed or fictious name of
the Briar Patch.
COUNT I
3. Admitted.
4. Admitted.
5. Admitted.
6. Denied. It is specifically denied that the
Plaintiff has, on its books of account, given credit to the
Defendant for all payments made by her. Rather it is avered
that the Defendant made a payment in the amount of $500.00
by her check ~365 dated January 27, 1986 for which she has
not been credited by the Plaintiff. A copy of said check is
not attached hereto for the reason that the cancelled check
is in the possession of the Defendant's husband who has
refused to deliver said cancelled check together with other
financial records of the Defendant to her.
7. Denied. It is specifically denied that there is
any interest due Plaintiff by Defendant, and, in the event
that interest is found to be due it is denied that the
calculation of interest made by the Plaintiff is accurate
and specific proof thereof is demanded.
8. Admitted in part, denied in part. It is admitted
that Defendant has failed to make payment in the amount of
$6,995.88. It is denied that said sum is due rather,
Defendant believes and avers that the actual balance due by
her to Plaintiff is $5,663.77.
COUNT
9. Defendant's answers to paragraphs 1 through 8 of
Plaintiff's amended complaint, are incorporated herein and
part hereof by reference thereto.
10. Admitted.
11. Admitted.
12. Admitted.
13. Admitted.
14. Admitted in part, denied in part. It is admitted
that Defendant has not made payment of the amount claimed to
be due Plaintiff, however, it is denied that the amount
claimed
due is justly due. Rather, it is avered that Plaintiff has
failed to give credit to Defendant for all payments made by
her on account as more fully set forth above.
15. Denied. The averments of paragraph 15 constitute
conclusions of law to which no response is necessary.
However, in the event a response is deemed necessary, said
allegations are specifically denied.
Respectfully submitted,
YOST & DAVIDSON
Attorneys for Defendant
Bonnie DeWalt, t/a The
Briar Patch
By: ~dson
Supreme Court ID#17139
320 West Chocolate Ave.
P.O. Box 437
Hershey, PA 17033
(717) 533-5101
Bonnie DeWalt hereby verifies that the facts set forth
in the foregoing Answer to Amended Complaint are true and
correct to the best of her knowledge, information and
belief, and understands that false statements herein are
made subject to the penalties of 18 Pa. C.S. §4904 relating
to unsworn falsifications.
Bonnie DeWalt
ZION & SIEGEL ASSOCIATES
BY: CHARLES F.G. SMITH, ESQUIRE
ATTORNEY NO.: 13592
919 CONESTOGA ROAD
SUITE 101
ROSEMONT, PENNSYLVANIA 19010
HALMODE APPAREL, INC. : IN THE COURT OF COMMON PLEAS
(Plaintiff) : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : No. 66-87
:
BONNIE DEWALT, indv. and : CIVIL ACTION - LAW
t/a BRIAR PATCH and :
FIDDLER'S GREEN and THE :
VILLAGE OF FIDDLER'S GREEN:
SHOP 9 :
(Defendant) :
MOTION FOR SUMMARY JUDGMENT
TO THE JUDGES OF SAID COURT:
1. Defendant, Bonnie DeWalt et al, has admitted in her
Answer to Amended Complaint that she owes Plaintiff $5,663.77
of the $6,810.99 Plaintiff has sued for.
2. Defendant contends she was not given credit for a
check of $500.00, but could not produce the canceled check,
for the reason, as Plaintiff proved, payment was stopped on
this check. See Exhibit 3
3. The only other unresolved issue is that of interest,
which can be determined by your Honorable Court.
4. No genuine issue as to any material fact now exists
as evidenced by Plaintiff's affidavit attached hereto to
pleadings and answers to admissions.
WHEREFORE, Plaintiff is entitled to summary judgment on
the pleadings as a matter of law, and so moves your Honorable
Court.
ZION & SIEGEL ASSOCIATES
BY:
CHARLES F.G. SMITH, ESQUIRE
Attorney for Plaintiff
Dated:
cc: Bonnie DeWalt
c/o John S. Davidson, Esquire
320 West Chocolate Avenue
Hershey, PA 17033
ZION & SIEGEL ASSOCIATES
BY: CHARLES F.G. SMITH, ESQUIRE
ATTORNEY NO.: 13592
919 CONESTOGA ROAD
SUITE 101
ROSEMONT, PENNSYLVANIA 19010
HALMODE APPAREL, INC. : IN THE COURT OF COMMON PLEAS
(Plaintiff) : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : No. 66-87
:
BONNIE DEWALT, indv. and : CIVIL ACTION - LAW
t/a BRIAR PATCH and :
FIDDLER'S GREEN and THE :
VILLAGE OF FIDDLER'S GREEN:
SHOP 9 :
(Defendant) :
NOTICE OF MOTION
TO: Bonnie DeWalt
c/o John S. Davidson, Esquire
320 West Chocolate Avenue
Hershey, PA 17033
You are hereby notified that the undersigned, Charles
F.G. Smith, attorney for Plaintiff, will make the above motion
for the reasons stated therein in the Court of Common Pleas of
Cumberland County, Pennsylvania at room on
1898, at o'clock, or as soon
thereafter as counsel can be heard.
ZION & SIEGEL ASSOCIATES
BY:
CHARLES F.G. SMITH, ESQUIRE
Attorney for Plaintiff
Dated:
CERTIFICATE OF NOTICE
Charles F.G. Smith, Esquire, the undersigned attorney for
Plaintiff, duly certifies that a true and correct copy of the
foregoing Motion for Summary Judgment was mailed to the office
of John S. Davidson, attorney for Defendant, Bonnie DeWalt at
220 West Chocolate Avenue, Hershey on September 13, 1989.
ZION & SIEGEL ASSOCIATES
CHARLES F.G. SMITH, ESQUIRE
Dated: September 13, 1989
120-No, 150
IN THE COURT OF COMHON PLEAS OF CUMBERLAND COUlVi~ PENNSYLVANIA
Affidavit of Non-Hllitary
HALMODE APPAREL, INC. : No. 66-87
:
:
VS.
:
BONNIE DE~LLT, indv. & t/a BR/_AR :
PATCH & FIDDLER'S GREEN & THE :
VILLAGE OF FIDDLER'S GREEN SHOP 9 :
t Civil Action
AFFIDAVIT UNDER SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940 AS AMENDED
STATE OF PENNSYLVANIA :
SS
COUNTY OF ~ :
Michele R. Turner being duly sworn according to
law deposes and says that the above named Defendant(s),
Bonnie DeWalt
is/are not in the military service of the United States of America as
defined by the Soldiers' and Sailors' Civil Relief Act of 19a0 as
amended; that said Defendant(s) is over 21 years of aqe and is/are
employeed.
Sworn to and subscribed before
me this \r~'~r~ day of
/'Notary~Fublic
NOTARIAL SEAL
MARILYH K. ZION, No~ Public
Haverford TWP., Delaware,Co.
My Commission Expires Nov, 9, 1989
AFFIDAVIT
The undersigned who is Credit Manager
of Halmode Apparel, Inc. (corporation organized and existing
under the laws of the State of Delaware), Deposes and says
that in the course of /l~ employment
RfrhmrH M_ Youn~er is responsible for, acquainted
with, and has personal knowledge of the matter which are the
subject of this affidavit, and that the following facts are
true and correct upon His personal knowledge.
1. Defendant, Bonnie DeWalt, et al. was a customer of
Plaintiff's corporation.
2. Defendant incurred an indebtedness owing to
Plaintiff's corporation of $6,810.99, plus interest as set
forth on the foregoing Complaint.
3. $5,663.77 of said amount is not in dispute, being
admitted by Defendant.
Affiant
Sworn and Subscribed
before me on this 4th
day of .q~n t ~mh~r 1989.
Notary Public
My Commission expires: September 30, 1993
ZION & SIEGEL ASSOCIATES
BY: CHARLES F.G. SMITH, ESQUIRE
ATTORNEY NO.: 13592
919 CONESTOGA ROAD
SUITE 101
ROSEMONT, PENNSYLVANIA 19010
HALMODE APPAREL, INC. : IN THE COURT OF COMMON PLEAS
(Plaintiff) : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : No. 66-87
:
BONNIE DEWALT, indv. and : CIVIL ACTION - LAW
t/a BRIAR PATCH and :
FIDDLER'S GREEN and THE :
VILLAGE OF FIDDLER'S GREEN:
SHOP 9 :
(Defendant) :
ORDER
AND NOW, this day of , 1989, in
consideration of the foregoing Motion and Affidavit, it is
hereby ORDERED and DECREED that judgment be entered on the
pleadings, plus interest of $
Se
PRAECIPE FOR LISTING CASE FOR ARGU.~IENT
{.~lust be rypewritmn and submitted in duplicate}
TO THE PROTHONOTARY/OF CUMBERL,~ND COUNT~,':
Please list the ,,virkin ma[ret for :he next:
Pre-Trial _kr~_ument. Court.
.~ment Cour,'.
CAPTION OF C.~SE ·
(enam caption must be stared in full)
I43JilODE APPAREL, I~IC.
(Blamtifr~ ·
BO~iF. Dg'DJ~T, indv. & t/a
BiZAIR PATCH & FIDDI,~'.R'S GRE32~ &
5~ ~'=/T.T.AGE OF FIDDLV. R'S GR~RN SHOP 9
(Defendant)
No.. 66-87 Cb:fl 7; ~9
i. Sta~e matter to be ar=~.~ed (i. e., plain~T's morion for new trial.
defendant's demurrer to complaint, att.):
2. [ci~nrai~ counsei w~o wtil argue cas~:
(a) for plaintiff: ~les F.G. S~, Es~re
Address: 919 Conest~a Poad, S~te 101, Pos~ntr PA 19010
(b) for d~fend~t: Jo~ S. ~vid~n, Esq~re
Address: 220 West ~omlate A~nue, tlershey, PA 17033
3. I w~ hotly ~ p~ in wnt~g ,.~n two day~ ~h~t ~s c~e h~ been
Hsted tbr ~ment. _ Yes.
4. Argument Court Date: ~~r 13, 1989
Call of Argument List Date: ~to~r 3, 19~9
(Attorney for
Dazed: Septer~i~r 25, 1989
BY: PIARLKNA SIKGKL, KS0~ A~to~ey for:
A~o~eF ~.D. No. 30528
919 Conest~a Road, suite
Rosemon~/B~ h~, PA ~90~0
2~5-527-~920
: ~~ co~
BR~ PAtH ~d F~D~'S ~ ~d
VI~GK OF FIDD~'S G~ 'SHOP 9 NO. 66-87
~O~S~S ~R ~SS2ON~
OF p~ ~ODE N~
~D~ S~ . 0 ' D · 'e
~ ~L~GE OF F~DD~ * S~ G~ SHOP 9:
~* ~s Re~es~-~s mede ~der Pennsylvania Rule o~ C~v~
Proced~e 40~4. Each me~er o~ wh~ch e~so~on ~ r~eO~ed
f~led ~d-se~ u~n ~e"~deFs~ ~n ~F~y (30) da~a
aspics.
2. If you do not ad,it or deny each statement, you must detail
the reasons why Y°u cannot t~uthfullF.ad~Lt or-deny each.
3. ~f you do not adult the t~uth of a statement and Plaintiff
proves-the truth, you may 'be required to 'pay ~he reasonable fees and
expenses, Pursuant to the Pennsylvania Ru].~s of Civil Procedure.
HALMOD~ APPAreL, ~NC. va. D~ALT, et al.
4. 2£ a statement is true in part but not true in £ull, then
answer as to each ~art.
5. 2£ your answers would be di££erent i£ answered in another
capacity, answer separately in each capacity. Failure to do so
constitutes an admission in any other capacity relevant to this
litigation.
ZZON & S~BGEI~ ASSOCTATES
'Attorney f~ p~~
A t~e and co~ect copy o~ ~e encloe~ R~est for A~iesions was
mailed, ce~i~i~-mail ret~ receipt r~est on Auger 31, ~987
tO: . . '
~O~ S. DA~SON, ~S~
YOST & DA~DSON
320 ~ST ~O~ A~
P.O. BOX 437
~S~, PA ~7033-0437
HALNODK APPAREL, ~j~. vs. DKWALT, et aZ.
REd--F FOR ADM~$SZONS
1. That the plainti££ regularly m~Lntains~ in the usual course o£
its business,'books_endTwcords.
2. That such books and records include records o£ orders received
£rom customers, shipments to customers and receipt o£ Payments
customers.
3. That such records are customarily made bt or near the time o£
the act.
4. That the copies o£ Plainti££,s records end checks o£ de£end
---~-aAn~ asa press - -£ the original
tendered-~- J--- - '- rved b7 the --------- - business
"pay-an-.~.__~.~nae~.~s which-Were wetu n~-'~-'~~-ana the she,ks
.That thedoeum~nts--attached reelect the transactions between the
pla~nti££ end de£endant.
6. That You, indiv~dually, or throu
~}ace_a~ order'£or-thepurcho..~., gh.a duly authorized scent did
~e PlaXntiZ£,-which ~.d.--'-'~_U~ ._~°?~,~ wares or merchan~
~is i .. __o~ .merchandise which are the subject
. vua'~y-you.~or 'your duly authorized agent.
8. That no Payment has been made by you, or your duly authorized
a~ent other'.~han- es-fh°wn'~n-~,he--statement 6£ account attached to
plainti££,s complaint.0
3
9. That you or your duly authorized agent have hereto£ore received
originals or copies of each invoice and statement o£ account
attached to plaintiff,s complaint. .
10. That each of the documents attached hereto ia a genuine original
document or true copy thereof.
11. That the Prices charged for the items as shown in the
attachments to Plaintiff,s complaint were the~agreed prices to be
charged and 'paid.
12. That the prices charged £or the items, as shown in the,
attachments, hereto were the usual and customary prices therefor.
13. That the prices charged for the items as shown in the
attachuents-hereto were reasonable and fair prices.
14. That the computations by which .the principal balance claimed by
plaintiff-was computed are 'accurate
15. That there are no documents, writin
papers of any.wort ,,~- --, ..... gs, letters, records or
evidence of- o- - ~--~-'~'~ -~c~'ae~enda~ts intend to utilize as
· - - ~--~a ~or, any defense ~n this action.
befendante, certification
.Dated: .....
FILE COPY
~ APPAREl.
?~ ~
CHARL3TTE~
THE VZLLAGE OF FZDDLEKS
, GREEN SHOP 9
LANCASTERepA 1760[
~Z/~8/d5 l~V 82616~ ~5870Z 3, 599.53
3/~3/d5 ZNV 8Z616~ 880~5~ le 702.79
3/2~/85 ZNV 82S16~ 881082
3/26/85 ~NV SZ616~ ~611RS 538.17
3/2~/8S ZNV 8~6164 88~399 Z18. Z~
3/Z9/85 ZNV 8Z616~** 880053 983.
4/26/US ADJ 8~616~ 88005~ 1,037.97
6/~*/,5 CR~ 82616~ 3838
g/16/85 CASH 8261S4 , Z69
10/11/85 CASH 82615, 196 500e00-
11/11/8S CASH 8Z616~ 2~0 500.00-
500000-
LAW OFFICES OF
ZION and SIEGEL ASSOCIATES
October 17 , 1989 EMONT BUSINESS CAMPUS, SUITE 101
919~;~DNES~OGA ROAD, ROSEMONT/BRYN MAWR, PA 19010
215-527-2920
[] 1422 CHESTNUT STREET, SUITE 408
PHILADELPHIA, PA 19102
215-963-9400
Prothonotary FAX 215-527-5603 (ROSEMONT)
Cumberland County Courthouse FAX 215-963-0413 (PHILA.)
Carlisle, PA 17013 File No. 2119.1
RE: Halmode Apparel, Inc. vs. Bonnie DeWalt, et al
No. 66-87
Dear Sir/Madam:
Since the defendant has now filed a petition under
Chapter 7 of the Bankruptcy Act, the above case should not be
placed on the argument list of December 13th, 1989.
Very truly yours,
ZION & SIEGEL ASSOCIATES
BY: CHARLES F.G. SMITH
CFGS: mrt
cc: John S. Davidson, Esquire
Yost & Davidson
320 West Chocolate Avenue
Hershey, PA 17033
HALMODE v~. FZDDLER~ OREEN 5HOP
Exhibit "1".
4. Defendant, FIDDLERS, received and accepted the goods described in
Exhibit "1".
5. The prices set forth in Exhibit "1" are the fair, reasonable and
market prices for said goods , and the prices which defendant, FIDDLERS, agreed
to pay.
6. All credits, if any, to which defendant, FIDDLERS, is entitled, are
set £orth in Exhibit "1".
7. In addition, plaintiff, HALMODE, avers that defendant, FIDDLERS, has
failed and continues to fail to make any payments, leaving a balance due and
owing o~ $6,163.77.
8. Plaintiff further alleges that from FEBRUARY 1985 interest to date
is due and owing in the amount of $647.22.
9. Although demand has been made, defendant, FIDDLERS, has failed to
make payment of the amount of $6,810.99.
WHEREFORE, plaintiff, HGLMODE, prays this Honorable Gourt grant judgment
in favor of plaintiff, HALMODE, and against defendant(s), FIDDLERS, for the sum
of $6,810.99 plus costs, interest and reasonable attorney's fees, as follows:
Principal $6,163.77
Interest 647.22
at the rate o£ 6%
from 2-85 to 11-86
Court Costs
Attorney's Fees
TOTAL $6,810.99
ZION AND SIEGEL ASSOCIATES
BY: MARLENA SIEGEL,
Attorney £or Plsinti£~
ZION & SIEGEL ASSOCIATE5
BY: MARLENA SIEGEL, ESQUIRE Attorney £or: PLAINTIFF
Attorney I.D. No. 30528
Suite 408, 1422 Chestnut Street
Philadelphia, PA 19102
215-963-9400
File #02119
: COURT OF COMMON PLEAS
HALMODE APPAREL, INC. : CUMBERLAND COUNTY
:
:
V~.
:
: TERM,
FIDDLERS GREEN SHOP 9 :
:
: NO.
:
:
VERIFICATION
Richard M. Yo]]nger hereby states that he/m~is the plaintiff in
this action and verifies that the statements made in the civil action complaint
are true and correct to the best of his/her knowledge, information and belief.
Further, any averments made in the alternative are ba~ed upon personal
knowledge and/or information and belief. The undersigned understands that the
statements therein are made subject to the psnaltie~ of 18 Pa.G.S.A. §4904
relating to unsworn falsification to authorities.
DEPON
DATE: 12/11/86
c T.ql [i~'~Ei<'T 1099 Z ~
PLANT
DIVISIONS&CODES 728 WERTZ ROAD, N.E,
CARiB/CRESTMONT 8 PLAZA sOUTH ROANOKE, VA. 24012
703-563-2801
9 SNOWBIRD
pENDING
HALI~ODE PLUS 10 HALI~ODE pETITE
4suNSHINE/STARSHINE 12 JACK MURPHY ~ HALMO~E APPAREL
JR. WIZ PLEASE !
EMAILORDER REMIT P.0o 50X 05:39 3
?W,L~CREST TO CHARLJTTE~ N-Co 28265
[.~ DATE
/zt/86
~ THE VILLAGE i3F FIDOLEKS [-- CUSTO.E" NO.
GREEN SHOP 9 [
'9 MEADOW LANE 1760[
LANCASTER~PA
AMOUNT ENCLOSED
pLEASE DETACH & RETURN uPpER pORTION WITH YOUR REMI~ANCE
..... CUSTOMER OR INvoICE OR CHARGES CREDITS
TRANSACTION DESCRIPTION STORE NO. CREDIT NO.
DATE
2/~8/55 INV 82616~ A-5870Z
~/13/65 INV 82616~ 88005~ 1~ 70Z. 79
3/Z1/~5 [NV 825164 881082 609.28
3/26/85 [NV B2616~ ~61125 538.17
]/Zb/85 INV 8Z616A 881399
3/29/85 INV 82616~ 880053 983.29
~/02/85 CASH 826[6~ 68005~ [~037.97-
~/26/85 ADJ 8Zb[5~ 880056 1~ 037.97
6/1~/85 CAM BZ6[6~ 383B 500.00-
B/16/8~ CASH 826~5~ 169
10/[1/85 CASH 82615A 196
11/11/85 CASh B2616~ 22D 500.00-
HALMODE APPAREL: SEE ABOVE FOR BALANCE INC. DIVISION CODES
~ o~ m
O*
~ w ~ ~ ~ c o c o o o o o o o~ ~
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'Z ~ o~ ~ ~: 0 ~ ~ 0 ~ ~ ~ o~o
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:,
ZION & SIEGEL ASSOCIATES
BY: MARLENA SIEGEL, ESQUIRE
ATTORNEY NO. 30928
919 CONESTOGA ROAD
SUITE 101
ROSEMONT, PENNSYLVANIA 19010
TELEPHONE: (215) 527-2920
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
HALMODE APPAREL, INC. : NO.
728 WERTZ ROAD : ·
ROANOKE, VA 24012 :
:
VS. :
:
FIDDLERS GREEN SHOP 9 :
CAMP HILL SHOPPING CENTER :
CAMP HILL, RA 17011 : CIVIL ACTION
NOTICE
You have been sued in Court. If you wish to defend against the
claims set forth in the foliowing pages, you must take action within
twenty (20) days after this Complaint and Notice are served by
entering a written appearance, personaily or by ~ttorney and filing
in writing with the Court, your defenses or objections to the clsims
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 cIaim or relief requested by the
Riaintiff. 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.
COURT ADMINISTRATOR
3rd Floor - Court House
Cumberland County
Carlisle, Pennsylvania
(1-375-4591)
THIS IS: AN ARBITRATION MATTER
ASSESSMENT OF DAMAGES HEARING NOT REQUIRED
ZION & SIEGEL ASSOCIATES
BY: MARLENA SIEGEL, ESQUIRE Attorney for: PLAINTIFF
Attorney I.D. No. 30528
Suite 408, 1422 Chestnut Street
Philadelphia, PA 19102
215-963-9400
FILE N0.:02119
: COURT OF COMMON PLEAS
HALMODE APPAREL, INC. : CUMBERLAND COUNTY
728 WERTZ ROAD :
ROANOKE, VA. 24012 :
:
vs. :
:
FIDDLERS GREEN SHOP 9 : TERM, 1985
CAMP HILL SHOPPING CENTER :
CAMPHILL, PA. 17011 : NO.
:
: CIVIL ACTION
CIVIL ACTION
1. Plaintiff, HALMODE APPAREL, INC., (hereinafter referred to as
"HALMODE"), is a corporation organized and existing under the laws of the the
state of Virginia and doin9 business at 728 WERTZ ROAD, ROANOKE, VIRGINIA.
2. Defendant, FIDDLERS GREEN SHOP 9, (hereinafter referred to as
"FIDDLERS"), ie believed and therefore averred to be a corporation organized
and existing under the laws of the Commonwealth of Pennsylvania, and doing
business at CAMP HILL SHOPPING CENTER, CAMP HILL PENNSYLVANIA.
3. At the special instance and request of defendant, FIDDLERS,
plaintiff, HALMODE, sold and delivered to defendant, FIDDLERS, goods at the
times, of the kinds, in the quantities, and for the prices set forth in
plaintiff, HALMODE's, book~ of original entry. A true and correct copy of
which is attached hereto, incorporated herein by reference and designated