Loading...
HomeMy WebLinkAbout06-1097I rl Uh 1'IZNNb TL.VANIA COURT OF COMMON PLEAS Judicial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS 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 date and in the case referenced below. v This block will be Ign ONLY when this notation is required under Pa. appellant was laima t e Pa. o. 1001(8) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice. A COJI Eo NT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. sgneture o/P honolary 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon NOTICE OF APPEAL appellee(s), to file a complaint in this appeal Name or appellees) , (Common Pleas No. _ _ c, within twenty (20) days after service of rule or suffer entry of judgme f prgs. ( ??/`? i ap or atto?ey or agent RULE: To s ..,./ ?y???pelle (3) Nam o apps lee(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: , 206) C /12ap l/]//i1? Si nature of Pmthon tat or Dep YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT., I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) , 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , an 20 ? by personal service ? by (certified) (registered) marl senders receipt attached hereto (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF _ , 20 Siyncrtura of altianl synatwe of o71cie1 hefom "horn afHd""t wa made Title of official My commission expires on ..,..-....... 20 'ra l ?L.J r ^ Cl? .,< COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-1-02 MDJ Name. Hon. ROBERT V. MANLOVE Adl,ass' 1901 STATE ST CAMP HILL, PA Telephone. (717) 761-0583 17011-0000 BRIAN BUECKER 751 COLONIAL CRT MECHANICSBURG, PA 17050 THIS 1S TO NOTIFY YOU THAT: Judgment: NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL VASE NAME antl ADDRESS FALLISON GOLDMAN DBA THE CANDLEMAN 7 2200 A MARKET ST CAMP HILL, PA 17011 L vs. NAME and ADDRESS I DEFENDANT: FBVECKER, BRIAN 751 COLONIAL CRT MECHANICSBURG, PA 17050 L J Docket No.: CV-0000606-05 Date Filed: 12/07/05 sa ® Judgment was entered for: (Name) a L rany r-om nmxx nn, fruit 1731InnT.It Judgment was entered against: (Name) itrmcgtm, t«TAx in the amount of $ ag4.7f,_ on: Defendants are jointly and severally liable. E Damages will be assessed on: ? 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 $ (Date of Judgment) 7/o3/ng (Date & Time) Amount of Judgment $ 786.03 Judgment Costs $ 98.73 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 884.76 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 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. Date Magisterial' District Judge I certify that this is a true and Go`kect copy of the record of tY g proceedings cofitalning the judgment. !!". r Date % `sx ,rF Ma6isteri9l Djstrict Judge My commission expires first Monday of January, 2012 . SEAL AOPC 315-05 DATE PRINTED: 2/02/06 11:00:19 AM m ru Ln ED ED i CAMP HILL PA snit Postage $ 10.39 c M0 N M 7 cenified Fee 0 OO Ileturn geciept Fee ? Berk (Entlofsemem Required) i O Restnded eelivery Fee f?. ? Lf7 (Entlorsement Aepuiretl) / T $4. E4 c? S ?l?Kj? O^ J2?1}? otal Postage 8 Fees $ S ? Sent TO - O ? ZIP-4 PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ,°.ati.r' ' <yJ yj ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas 9 upon the District Justice designated therein on (date of service) 20 by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upo the appellee, (name) }(I)S9b ?Gl?fati pn?? 2 ,2?- , 20 a ? by personal service L! by (certified (registered) mail, sender's receipt attached hereto. (SWOfa'(,J)?F)FFIRMED)ANp SyBSCRIBED BEFORE ME THIS <' -' r.y...-- DAY OF , 20 jT! t t q Signature of want ? f F + ? 'S, ture.pf official before whom affidavit was made 1 / --in Title ofoficial ter. } Cj M 20 %0TARIAL ;NOTARY ms" CIAl1DIAP BREWBAKER PUBLIC {gltisleBoro Cumbe?? mmisston FQ -1] COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL 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 District Justice on the date and in the case referenced below. was No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Sgoature nfRdho ery or Depoy 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon t appellee(s), to file a complaint in this appeal Name ofe Itee(5) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attomey or agent RULE: To appellee(s) Neme o apps ee(sJ (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: -- , 20 signature of Prothonotary.br Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE-COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANT'S COPY PINK-COPY TO BE SERVED ON APPELLEE GOLD-COPY TO BE SERVED ON DISTRICT JUSTICE J. /Y?_In the Court of Common Pleas of TTT??? Cumberland County, Pennsylvania vs. No. nL= /C1 -7 Civil. 19 ?gh,o?ua ??, fang r, To Prothonotary 19 Att'n- for PP' f ? 1. F T -E: "?Y No. Term, 19 vs. PRAECIPE Filed 19 Atty. ALLISON GOLDMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BRIAN BUECKER and, NO. 2006-1097 JAN BUECKER, his wife, Defendants NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order 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 money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 1 AMERICANS WITH DISABILITIES Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 ALLISON GOLDMAN : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BRIAN BUECKER and, NO. 2006-1097 JAN BUECKER, his wife, Defendants COMPLAINT AND NOW comes the Plaintiff, ALLISON GOLDMAN, by and through her attorneys, Irwin & McKnight, and makes the following Complaint against the Defendants, BRIAN BUECKER and JAN BUECKER, his wife, as follows: 1. The Plaintiff is Allison Goldman, an adult individual residing at 2200-A Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendants are Brian Buecker and Jan Buecker, adult individuals residing at 751 Colonial Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 and with a mailing address of P. O. Box 422, Lemoyne, Pennsylvania and doing business as Brian's Candles. 3. The Plaintiff, Allison Goldman, is in the wholesale, retail and fund raising sales business. The Plaintiff works directly with Mr. Bill Stevens, owner of the Candle Man, and orders her supplies directly from his business. 3 4. On September 22, 2005, the Defendant, Brian Buecker, signed an agreement regarding the purchase of goods and merchandise from Allison Goldman. A copy of said agreement is attached hereto and marked as Exhibit "A" and made a part of this Complaint. 5. The Defendant, Brian Buecker, ordered and received four candle orders totaling $1,286.26. The invoice dates and amounts are as follows: a. October 4, 2005 $56.78 b. October 14, 2005 601.38 C. October 14, 2005 96.62 d. October 24, 2005 531.25 Total $1,286.26 6. The Defendant, Brian Buecker, made two payments totaling $500.00 in November 2005, toward four candle orders as follows: a. November 19, 2005 $100.00 b. November 25, 2005 400.00 Total $500.00 A copy of payments receipts are attached hereto and marked as Exhibit "B" and made a part of this Complaint. 7. Prior to the partial payment of the October orders, the Defendants, Brian Buecker and Jan Buecker, received another order as follows: a. November 8, 2005 $1,628.17 4 8. On November 19, 2005, the Defendant, Brian Buecker, signed a statement regarding his account with Allison Goldman. A copy of said statement is attached hereto and marked as Exhibit "C" and made a part of this Complaint BREACH OF CONTRACT 9. The averments of paragraphs one (1) through eight (8) of this Complaint are made a part of hereof and incorporated herein by reference. 10. Following the last payment made by the Defendant, Brian Buecker, on November 25, 2006, there have been no further payments made by the Defendant. 11. Despite telephone calls by the Plaintiff to work out a payment plan, the Defendant has since refused to return her telephone calls and has made no further payment regarding his outstanding debt, nor has the Defendant returned any merchanise. 12. The Plaintiff, Allison Goldman, filed suit against the Defendant, Brian Buecker, and judgment was entered against the Defendant on February 2, 2006 for a total of $2,414.20. 13. The Defendant has breached his agreement with the Plaintiff by failing or refusing to pay for items he received or returned any merchandise. 14. The Plaintiff is entitled to certain damages, including but not limited to, receiving payment for the full amount due by Defendant, interest, and costs associated with this litigation. WHEREFORE, the Plaintiff, Allison Goldman, respectfully requests that this Honorable Court enter judgment against Defendant in the amount of Two Thousand Four Hundred Fourteen and 20/100 ($2,414.20) Dollars, plus costs, interest and all other and further relief this Honorable Court deems fair and just. By: Respectfully submitted, IRWIN & McKNIGHT F Date: March 16, 2006 Marcus rght, III, $ Supreme Co?rt I.D. #: 25476 60 West Pom t Street Carlisle, PA 17011-- (717) 249-2353 Attorney for the Plaintiff 6 EXHIBIT "A" (Page 2). Trade Refereucss: , ?- Company Name Address Phone number with area code Company Name % - Address ;r< i! i., A ? _Ix fliv!cL j"t)0E-qW ticll` Phone Number Company Name Address + ??-r r r ywl . ['hone Number 1, the undersigned, hereby agree to pay any and all amounts due and owed to The Candle Maa for the purchase of goods.and merchandise. I understand that this guaranty is unconditional and that upon'default in payment by the uqdersigned, The Candle Man may proF,gd Arectly to coilect'any4mounts due, plus costs and reasonable attorneys' fees, from - xr • - .. - Leciitedtliis_ rdayof •iy St }q r,; r Sign¢h? ?? (Name) The Candle Man Wholesale Credit Application Credit Information Business Name r?11),O. ?2f i Owner's Name by street Address City State __ Zip Code 7L How long has this business been established Business Phone _?' Evening Phone Fax Number Sales Tax License Number 7j_t"r = ;. t,•7 _r (please submit appropriate sales (ax firm) Bank Name t + IG ??:,y s , Ran k Address , ,r)_,}' ?'. Checking Account Number z ?-6 w SavXps ACrcountNumber EXHIBIT `B" • 1 O 0 R f CF l) onrE !q - CUSTOMER ORDER NO. SALESPERSON VIA. TERMS QUANTITY DESCRIPTION PRICE AMOUNT THANK *66 f' To p r, 718cc)°r1» c y , THANK ;YQ1J` ?Rd?r ?TatAwaer rsn; e w? EXHIBIT "C" Statement regarding Account for Brian Buecker on 11/18/05 The following candles have been picked up in full and payment is outstanding: L-4 oice dated 10/4 Invoice dated 10/14 Invoice dated 10/ 14 Invoice dated 10/24 TOTAL ' $56.78 $601.38 $96.62 $531.25 51286.03 Pick-up of candle order dated 11/8 as follows has not been paid: ". 223 1 i3 oz. Tins $532.97 4 bags assorted tarts $11.00 4 boxes votives $13.20 180 22 oz. Jars $1071.00 TOTAL $1628.17 SIO?N,FIJ DATE Brian Buecker 766-0108 The Candle Man 2200-A Market St. Camp Hill, PA 17011 VERIFICATION The foregoing Complaint is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ??? ?cEVill'CGdYU ALLISON GOLDMAN Date: March 16, 2006 7 ALLISON GOLDMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BRIAN BUECKER and, NO. 2006-1097 JAN BUECKER, his wife, Defendants CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Mr. Brian Buecker Ms. Jan Buecker 751 Colonial Court Mechanicsburg, PA 17050 Mr. Brian Buecker Ms. Jan Buecker P.O. Box 422 Lemoyne, PA 17043 IRWIN & McKNIGHT By: 60 West Pom et Street Carlisle, PA 1 13 (717) 249-2353 Supreme Court I.D. No. 25476 Date: March 16, 2006 7 r? i? m ?? c? r; g ?-n " ? . ` i', ?? .'. ? `. x , ALLISON GOLDMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW BRIAN BUECKER and NO.: 2006-1097 JAN BUECKER, his wife, Defendants PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF'S COMPLAINT 1. PRELIMINARY OBJECTION ON THE GROUND OF LACK OF CAPACITY TO SUE. On February 6, 2006, judgment was entered by District Judge Robert V. Manlove in a certain action captioned Allison Goldman d/b/a/ The Candle Man v. Brian Buecker. 2. Brian Buecker filed a timely appeal from the said judgment to the Court of Common Pleas of Cumberland County, Pennsylvania which appeal was entered to Case No. 2006-1097 and a rule was entered upon Allison Goldman d/b/a The Candle Man to file a complaint in the appeal. On or about March 16, 2006, Allison Goldman filed a complaint in the appeal as captioned above. 4. The complaint by Allison Goldman involves transactions between The Candle Man and the Defendant, Brian Buecker. 5. It appears from the records of the Commonwealth of Pennsylvania, Department of State that the registered owner of the fictitious name "The Candle Man" is William Stevens. 6. The Plaintiff, Allison Goldman, has failed to register the fictitious name "The Candle Man" as required by the Fictitious Names Act (54 Pa. C.S.A. Section 301). Because Allison Goldman has failed to registerthe fictitious name "The Candle Man" as required by the Fictitious Name Act, she is precluded by the Act from maintaining any action arising out of the transaction with respect to which she used the fictitious name. WHEREFORE, the Defendants request this Honorable Court to enter judgment in favor of the Defendants and against the Plaintiff for the reason that the Plaintiff lacks capacity to sue. II. PRELIMINARY OBJECTION ON THE GROUND THAT THE COMPLAINT IS LEGALLY INSUFFICIENT TO STATE A CAUSE OF ACTION AGAINST THE DEFENDANT, JAN BUECKER. 8. Paragraphs 1 through 4 as set forth above are incorporated herein and made a part hereof by reference thereto. 9. The Plaintiffs complaint alleges a contract between The Candle Man and the Defendant, Brian Buecker. 10. The allegations contained in the Plaintiffs complaint taken togetherwith the exhibits attached to Plaintiffs complaint do not provide any basis for recovery by the Plaintiff against the Defendant, Jan Buecker. 11. The Plaintiff's complaint is legally insufficient in that it fails to state a claim against Jan Buecker upon which recovery can be made. WHEREFORE, the Defendant, Jan Buecker, requests this Court to enter judgment in her favor and against the Plaintiff for the reason that the Plaintiffs complaint is legally insufficient to state a claim against the Defendant, Jan Buecker. Respectfully submitted, YOST & DAVIDSON By: Jo S. Davidson, Esquire preme Court LD. #17139 320 West Chocolate Avenue P.O. Box 437 Hershey, PA 17033-0437 (717) 533-5101 Attorneys for the Defendants Apri12006/Dis1dll/Buecker Preliminary Objections 4-3-06 VERIFICATION I verify that the statements made in the attached pleading are true and correct, partially upon my personal knowledge and partially upon my belief; to the extent language in the attached pleading is that of my attorneys, I have relied upon my attorneys in making this Verification. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date > + 0,&/" 1 ALLISON GOLDMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW BRIAN BUECKER and NO.: 2006-1097 JAN BUECKER, his wife, Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served a true and correct copy of the foregoing Preliminary Objections upon the following counsel of record by mailing the same first-class mail, postage prepaid, deposited at Hershey, Pennsylvania, on this 3'_? day of April, 2006. Marcus A. McKngiht, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 YOST & DAVIDSON By: John S. Davidson, Esquire Supreme Court ID #17139 320 West Chocolate Avenue P.O. Box 437 Hershey, PA 17033 (717) 533-5101 r-? {"? -:z _? .. `?J -G u- ALLISON GOLDMAN, V. BRIAN BUECKER and JAN BUECKER, his wife, Plaintiff Defendants IN THE COURT F COMMON PLEAS OF CUMBERLAND OUNTY, PENNSYLVANIA CIVIL ACTION -ILAW NO.: 2006-1097 NOTICE TO PLEAD TO: Allison Goldman, Plaintiff You are hereby notified to file a written response to the er. Defendants to Plaintiffs Complaint within twenty (20) days from be entered against you. Date:/ 20 U6 YOST & DAVIDSON By: ZT4 D04,44- S. Jo n Davidson, E preme Court I.D. 320 West Chocolate P.O. Box 437 Hershey, PA 17033- (717) 533-5101 Attorneys for the I Preliminary Objections of e hereof or a judgment may 7139 venue 7 May2006/Disk#2/Buecker Notice to Plead 121 5-31-06 ALLISON GOLDMAN, : IN THE COURT 1 Plaintiff : CUMBERLAND V. : CIVIL ACTION -I BRIAN BUECKER and NO.: 2006-1097 JAN BUECKER, his wife, Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served a true and correct Plead to the Preliminary Objections of Defendants to Plaintiffs counsel of record by mailing the same first-class mail, postage Pennsylvania, on this 31 st day of May, 2006. Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 YOST & DAVIDSON COMMON PLEAS OF UNTY, PENNSYLVANIA W of the foregoing Notice to [plaint upon the following aid, deposited at Hershey, John S. Davidso , Esquire Supreme Court I #17139 320 West Chocolate Avenue P.O. Box 437 Hershey, PA 170 3 (717) 533-5101 May2006/Disk#2/Buecker Cert of Svc [215.31-06 ALLISON GOLDMAN, : IN THE COUR OF COMMON PLEAS OF Plaintiff : CUMBERIA COUNTY, PENNSY_}uVA_NIA <1 v. CIVIL ACTION LAW BRIAN BUECKER and NO.: 2006-1097 cn JAN BUECKER, his wife, ri Defendants PRELIMINARY OBJECTIONS OF DEFENDANTS TOP F'S COMPLAINT L PRELIMINARY OBJECTION ON THE GROUND OF LA(lK OF CAPACITY TO SUE. On February 6, 2006, judgment was entered by Districj Judge Robert V. Manlove in a certain action captioned Allison Goldman d/b/a/ The Candle Man ?. Brian Buecker. 2. Brian Buecker fileda timely appeal from the said judmnent to the Court of Common Pleas of Cumberland County, Pennsylvania which appeal was entered to Case No. 2006-1097 and a rule was entered upon Allison Goldman d/b/a The Candle Man to 3. On or about March 16, 2006, Allison Goldman filed captioned above. 4. The complaint by Allison Goldman involves and the Defendant, Brian Buecker. 5. It appears from the records of the Commonwealth of a complaint in the appeal. complaint in the appeal as between The Candle Man Department of State that the registered owner of the fictitious name "The Candle Ma f is William Stevens. 6. The Plaintiff, Allison Goldman, has failed to Man" as required by the Fictitious Names Act (54 Pa. C.S.A. 7. Because Allison Goldman has failed to register the as required by the Fictitious Name Act, she is precluded by the Act arising out of the transaction with respect to which she used the fictitious name "The Candle 301). name "The Candle Man" maintaining any action name. WHEREFORE, the Defendants request this Honorable Court ? o enter judgment in favor of the Defendants and against the Plaintiff for the reason that the 11. PRELIMINARY OBJECTION ON THE GROUND LEGALLY INSUFFICIENT TO STATE A CAUSE OF ACTION A JAN BUECKER. 8. Paragraphs 1 through 4 as set forth above are hereof by reference thereto. 9. The Plaintiffs complaint alleges a contract Defendant, Brian Buecker. 10. The allegations contained in the Plaintiffs attached to Plaintiffs complaint do not provide any basis for Defendant, Jan Buecker. capacity to sue. THE COMPLAINT IS T THE DEFENDANT, herein and made a part The Candle Man and the together with the exhibits by the Plaintiff against the 2 11. The Plaintiff's complaint is legally insufficient in that 1 Jan Buecker upon which recovery can be made. WHEREFORE, the Defendant, Jan Buecker, requests this favor and against the Plaintiff for the reason that the Plaintiffs state a claim against the Defendant, Jan Buecker. Respectfully submitted, YOST & DAVIDSON Jo S. Davidson, I preme Court I.D. 320 West Chocolate P.O. Box 437 Hershey, PA 17033• (717) 533-5101 Attorneys for the t fails to state a claim against to enter judgment in her is legally insufficient to 7139 Ap02006IMMI/Bumkc Mimumy Objecdow 4-3-06 VERIFICATION I verify that the statements made in the attached pleading are mypeisonal knowledge and partiallyupon mybelief, to the extent lai is that of my attorneys, I have relied upon myattomeys in making this false statements herein are made subject to the penalties of 18 Pa. unworn falsification to authorities. r%2 Buecker Date ? -' ?" D?( r and correct, partially upon in the attached pleading I understand that Section 4904 relating to ALLISON GOLDMAN, V. BRIAN BUECKER and JAN BUECKEIthis wife, Plaintiff IN THE CIVIL ACTION NO.: 2006-1097 Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served a true and correct cop) Objections upon the following counsel of record by mailing the sa prepaid, deposited at Hershey, Pennsylvania, on this 3 day I Marcus A. McKngiht, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 YOST & DAVIDSON OF COMMON PLEAS OF COUNTY, PENNSYLVANIA • LAW e first-class mail, postage April, 2006. Rohn S. Davidso Esquire Supreme Court #17139 320 West Chow ate Avenue P.O. Box 437 Hershey, PA 17033 (717) 533-5101 N ? ? 1 C ca ' " ' ? ?-? 4 ; -rye y y? = t -_ f .. CJ - }" .-C, f.i- ALLISON GOLDMAN, Plaintiff V. BRIAN BUECKER and, JAN BUECKER, his wife, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-1097 STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff intends to proceed with the above-captioned matter. Respectfully submitted, IRWIN &,O)rcKNIGHT, P By:.-'- Marc js A. McKn%Xt, III, Esquire Supreme Court I.D. No: 25476 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Date: October 27, 2009 RLEQ-OF ICE OF THE PROTHO TARY 2003OCT 27 PM 2: 46 C lut5 ;=;? Yu 0JUNTY PENNSYLVANIA Allison Goldman _ Plaintiff vs Case No. 2006 - ] 0~~ 7 Brian Buecker and Jan. Bueckner, his wife t~ Defendants ~ Statement of Intention to Proceed ~~ o Io the ~ hurt: The Plaintiff Print Name Marcus A. McKnight, L [ I Z~~-~ z~ r ~p rn C~ "C! __ intends t:o procee ith the above captiort~~ttec~ ~ E;? ~~ Sign Name _4: c1f Date: October 26, 201.2 Attorney for the Plaintiff Explanatory Comment I~hc Supreme Court ol~ Pennsylvania has promulgated new Rule of Civil Procedure 230? governing the termination of inacti~ e cases and amended Rule of Judicial Administration 1901. ~fwo aspects ,of the recommen~.Lation merit ~ommau I Kuie <~/ civil Procedure Ne;~r Kule of~ Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the ,cope ot~ the Pennsylvania Rules of Civil Procedure. the termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 ~md local rules promulgated pursuant to it. Ncw Rule 230.2 is tailorrd to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting focal rules. phis rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 5~ 1 Pa. 360,71 U A.2d 1 104 (19981 in which the court held that "prejudice to the defendarn as a result of delay in prosecution is required hcfore a case may be dismissed pursuant to local rules implementing F;ule of.tudicial Administration 1901.~~ Rule of .ludicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision la) of that rule continues to he applicabic. II lru~c~ii~e Cases fhe purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. I'he process is initiated by the court. •(ter giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. li the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute.° If a party wishes to pursue the matter. he or she wit l lile a notice of intention to proceed and the action shall continue. a. 4Vlzere the action has been terminated if the action is terminated when a party believes that it should not have been terminated, that party truay proceed under Ku1e230(d) for relief from the order of termination. An example of such an occurrence might be the; termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did rn.n timely file the notice of intention to proceed. The timing of the Illing of the petition to reinstate the action is important. f f the petition is tiled within tlhim days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. Ifthe petition is filed later than the thirty-day period, subdivision Id)(3) requires that the plaintiff nwst make a showing to the court that the petition was promptly tiled and that there is a reasonable explanation or legitinrtte excuse both for the failure to file the notice of intention to prucced prior to the entn of time order of termination on the docket and for the failure to file the petition within the thirty-day period under subdiaisi~.~n Idt(2). ii. tti izere the action has not been terminated An action which h~~ not been terminated but which continues upon the tiling of a notice of intention « ~ proceed may have been the subject of inordinate delay. In such gum instance, the aggrieved pam- may pursue the r~:medc of a ~onunon law non pros which exits independently ofterrnination under Rule 230.2. c::;. ~; ~., °~'r, ; o~' -a c 2 -T-t ~-~; -,~ _- ~~ art .