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HomeMy WebLinkAbout06-1159I M UP- YtNNbYLVANIA 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. If ffFJDDU f - I nis block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. 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. Sgnalum ofP thorwtery or Deputy was before a District Justice, A (20) days after filing the NOTICE of APPEAL. BE FILED within twenty 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 appellee(s), to file a complaint in this appeal Name bf appellee(s) (Common Pleas No.U tn ? ) within twenty (20) days after service of rule or suffer entry of judg €?n n 9ros. Sign reliant or attorney or agent RULE: To aPPeAeels) y?l f[ ?(r?Q a Name of a II e(s/ T-??r (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?? any , 20Q? Slgnatum ot; r7 o ota orD y 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-COURTFILE YELLOW- APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicabie 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) , on 20 ? by personal service ? by leert ied) (registered) mail. senders receipt attached hereto (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF . 20 Signature of o(frerei bedwo whom a,%daeit was made I 'the of of icia! My commission expires on S!gnature of affi'an( 1. 10 20, a{? v N CJ r?. LJ ?r t COMMONWEALTH OF PENNSYLVANIA -J?NO ICE OF JUDGMENWTRANSCRIPT nn INITY nF. CUMBERLAND CIVIL CASE PLAINTIFF: NAME and ADDRESS rALLISON GOLDMAN DBA THE CANDLEMAN 7 2200 A MARKET ST CAMP HILL, PA 17011 L J VS. DEFENDANT: NAME and ADDRESS FBUECKRR, BRIAN 751 COLONIAL CRT No.: 09-1-02 MDJ Name'. Hon. ROBERT V. MANLOV39 Ad"ess: 1901 STATE ST CAMP HILL, PAnf Telephone: (717) 761-0583 17011.-0000 MECHANICSBURG, PA 17050 J BRIAN BUECKER L 751 COLONIAL CRT Docket No.: CV-0000001-06 MECHANICSBURG, PA 17050 Date Filed: 1/03/06 THIS IS TO NOTIFY YOU THAT: „? L ® Judgment was entered for: (Name) aT T Tani onTnmax nriA mxR rATanTat ® Judgment was entered against: (Name) BTIRCX7l12 T14TAu in the amount of $ T , 72n _ On on: El Defendants are jointly and severally liable. D Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to AttachmenU42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ (Date of Judgment) 2/n2/n8 (Date & Time) Amount of Judgment 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 E TRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE`COUliTOF COMMON PLEAS, CIVIL`DIVISION.'YOU , H '1.tUA.-A107i1CE OF APPEAr . ai _:'r 1 _`-- MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIP7-FORM-W 1" EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVILPROCEDURE 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. 4-If i ? Date ' Magisterial District Judge =ce,?I?hat is a true and co[rect yopy ojhhe recgtd/f thie proceedings containing the judgment. , M Date E ."mot %.? ff e.° utagisterial-District Judge My commission expires first Monday of January, 2012. SEAL AOPC 315-05 DATE PRINTED: 2/02/06 10:58:58 AM U.S. PLIFIED al Salwici . CtRMAlLTu RECD #- ? (Obmaaft i My; No Nol 6brMNY II I a i CAMP HILL PA 17011 r+l _-_--'-------- ;,a9e !I 44.34 M C3 nestled Fee O Hs t Fee eme t required) (Endorsement Beguiled{ Restricted Delivery Fee U7 (EsdOssement Required} M rR Total Postage & Fees c3 Fsoew-g-- ar PO box Na >' t ,(tv J, f `A Ga, 3rate, ZIP.., L? ??- ?I 01143 PO`s" A - L?1xY?l?t. 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 -l t.vla?c ; ss AFFIDAVIT: I hereby (swear) (affirm) that 1 served a copy of the Notice of Appeal, Common Pleas--1l q, upon the District Justice designated therein on (date of service), 20 QC , by personal servi Ce ? by (certified) (registered) mail, sender's receipt attached hereto, and up=on the appellee, (name) ,%,.,,/,?Atrli ??? llrtr ???? S? / , 20 44 ? by Personal service by=("certified) (registered) mail, h sender's receipt attached hereto. (SWORNL1APFIRMED)AND BSCRI ED BEFORE ME THIS JJ Jet DAY QF , 20 06 . Signat cf oar" i efore whom affidavit was made / J Title of official My commission expires or., I L 4/ , 20 NQTARIALSFAL L S S"M {.arxnissiorFi?iresADfI?A.? t ij r 4:i .. I M OF YGNNJTLVANIA COURT OF COMMON PLEAS Judicial District, County Of 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. CITY ¢:.AI L. This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. signature of Prothonotary ar DapRy NOTICE OF APPEAL FROM was Caimant No. 1001(6) in before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the 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.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 appellee(s), to file a complaint in this appeal (Common Pleas No. - ) within twenty (20) days after service of rule or suffer entry of judgmanl.of non pros. signah4so*ppellant or attorney or agent a RULE: To ( f;..,., _ ,,,1?j,04?"K?e)lee(s) 1 " erne ola IIAe(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 MAYBE 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 olProthonote or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTRRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE-COURT FILE TO BE FILED WITH PROTHONOTARY GREEN-COURTFILE YELLOW-APPELLANT'S COPY PINK-COPY TO BE SERVED ON APPELLEE GOLD-COPY TO BE SERVED ON DISTRICT JUSTICE ALLISON GOLDMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -- LAW BRIAN BUECKER and, NO. 2006-1159 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. ALLISON GOLDMAN : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -- LAW BRIAN BUECKER and, NO. 2006-1159 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: 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 201100 ($2,414.20) Dollars, plus costs, interest and all other and further relief this Honorable Court deems fair and just. Respectfully submitted, IRWIN & McKNIGHT By: Marcus A. Mc t, III, H Supreme Co I.D. #: 25476 60 West Po fret Street Carlisle, PA 013 (717) 249-2353 Attorney for the Plaintiff Date: March 16, 2006 EXHIBIT "A" (Page 2) t ??w Trade References': / r Company Name Address :?ht iy c? Phone number with area code Company Name ?-?- 4, I' Address Phone Number 7-c' Z/' F Company Name Address Phone Number 1, the undersigned, hereby agree to pay any and all amounts due and owed to The Candle Mns for the purchase of goo4s.and merchandise. I understand that this guaranty is unconditional and.that upon'default in payment by the undersigned, The Candle Man may prbFcYd vOrectly to eolle.ct'9ny dinounts due, plus costs and reasonable attorneys' fees, from me: .i S edited t(iis _ <fiay of }91 _ ,I t +n SigB¢d'" , w J '? 'ya i % 1 (Name) The Candle Man Wholesale Credit Application Credit Information Business Name ',t f? i Owner's Name -C,- KG; . Street Address i l City State _ Zip Code f 7s 4 s Mow long has this business been established ?? . Business Phone Evening Phone Fax Number Sales Tax License Number ?7f (Please submit npproprlate sales tar form) Bank Name Bank,Address L%. 1' 1? .Ya• ? 1 CheF!„rig Account Number SM,44s ACcounNumber 1 j' r: - EXHIBIT "B" kl yo" U, ITO N5 a. _.. 4 9 :.pp ?. c Fax 73"1 To "'J vg 1 41, vi av TERMS THANK YOU.;; „r .:.? - TI EXHIBIT "C" St<at£naent regarding Accottnt for Man 13aaCC".-er on I Ii18/05 The following candles have been picked up in till and payment is outstanding: c. 4K,oice dated 10/4 Invoice dated 10/14 Invoice dated 10/14 Invoice dated 10/24 TOTAL s $56.78 $601.38 $96.62 $531..25 0286.01 Pick-Lap of candle order dated 11/8 as follows has not been paid: - v`?3 iv oz. Vins $532.97 -1 ba-'s assorted tarts $11.40 4 boxes votives $13.24 180 22 oz. Jars $1071.44 TWAL $1628.17 f; Si CINTF 13D1 F`7 DATE Brian Buecker 766-0148 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 unworn falsification to authorities. 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. 2006-1159 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 By: Date: March 16, 2006 IRWIN & McKNIGHT 60 We omfret Street Car ' e, PA 17013 (717,)_249-2353 7 h T l - t ? t- f l i 1 ? -G _ ALLISON GOLDMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. BRIAN BUECKER and JAN BUECKER, his wife, Defendants CIVIL ACTION - LAW NO.: 2006-1159 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. 3. 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 register the 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 Plaintiff s complaint taken together with the exhibits attached to Plaintiffs complaint do not provide any basis for recovery by the Plaintiff against the Defendant, Jan Buecker. 2 11. The Plaintiffs 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 Plaintiff's complaint is legally insufficient to state a claim against the Defendant, Jan Buecker. Respectfully submitted, YOST & DAVIDSON By: ??Go1 d?-- J hn S. Davidson, Esquire upreme Court LD. #17139 320 West Chocolate Avenue P.O. Box 437 Hershey, PA 17033-0437 (717) 533-5101 Attorneys for the Defendants Apri12006/Disk#1/Buecker Preliminary Objecdom [2143-06 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 unsworn falsification to authorities. Date F' i? Jan ecker ALLISON GOLDMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW BRIAN BUECKER and NO.: 2006-1159 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''!1 day of April, 2006. Marcus A. McKngiht, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 YOST & DAVIDSON By: "sLA J"' & ohn S. Davidson, Esquire Supreme Court ID #17139 320 West Chocolate Avenue P.O. Box 437 Hershey, PA 17033 (717) 533-5101 J C! i ALLISON GOLDMAN, : IN THE COURT Plaintiff : CUMBERLAND V. : CIVIL ACTION BRIAN BUECKER and NO.: 2006-1159 JAN BUECKER, his wife, Defendants NOTICE TO PLEAD TO: Allison Goldman, Plaintiff You are hereby notified to file a written response to the er. Defendants to Plaintiff's Complaint within twenty (20) days from be entered against you. Date: 1'1' , 31, 24,1,6 YOST & DAVIDSON By; COMMON PLEAS OF LINTY, PENNSYLVANIA W I Preliminary Objections of e hereof or a judgment may J* S. Davidson, Esquire upreme Court I.D. 17139 320 West Chocolate Avenue P.O. Box 437 Hershey, PA 17033-0437 (717) 533-5101 Attorneys for the May2006/Disk#2/Buecker Notice to Plead 5-31-06 ALLISON GOLDMAN, : IN THE COURT Plaintiff : CUMBERLAND V. : CIVIL ACTION -I BRIAN BUECKER and NO.: 2006-1159 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 Plaintiff's 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 By: ?L COMMON PLEAS OF UNTY, PENNSYLVANIA W of the foregoing Notice to (plaint upon the following aid, deposited at Hershey, (John S. Davidson, Esquire Supreme Court I #17139 320 West Chocolate Avenue P.O. Box 437 Hershey, PA 170 3 (717) 533-5101 May2006/Diak#2/Bueckev Cart of Svc 5-31-06 ALLISON GOLDMAN, V. BRIAN BUECKER and JAN BUECKER, his wife, Plaintiff Defendants IN THE CIVIL ACTION NO.: 2006-1159 PRELIMINARY OBJECTIONS OF DEFENDANTS TO 1. PRELIMINARY OBJECTION ON THE GROUND OF 1. On February 6, 2006, judgment was entered by a certain action captioned Allison Goldman d/b/a/ The Candle Man 2. Brian Buecker filed a timely appeal from the Pleas of Cumberland County, Pennsylvania which appeal was 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 State that the registered owner of the fictitious name "Me Candle OF COMMON PLEAS OF COUNTY, PEIJNSYLYAI o C _ T LAW s --, ? w v..s zz 0 -_c COMPLAINT OF CAPACITY TO SUE. Judge Robert V. Manlove in Brian Buecker. to the Court of Common to Case No. 2006-1097 and a complaint in the appeal. complaint in the appeal as between The Candle Man Department of 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 Goldmanhas failed to 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). M[ae„ 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 lI. 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 attached to Plaintiff's 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 togetherwith the exhibits by the Plaintiff against the 2 11. The Plaintiffs complaint is legally insufficient in that i 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 By: /+W i" - J hn S. Davidson, E k_Zupreme 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 AKU2W6/DiekXISw*aPmtimimy a6jmd m[z]4-346 VERIFICATION I verify that the statements made in the attached pleading are my personal knowledge and partially upon my belief; to the extent is that ofmy 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. Jan Date D correct, partially upon in the attached pleading I understand that Section 4904 relating to r ALLISON GOLDMAN, : IN THE Plaintiff : CUMBI V. : CIVIL ACTION BRIAN BUECKER and : NO.: 2006-1159 JAN BUECKER, his wife, Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have served atrue and correct cop} Objections upon the following counsel of record by mailing the s prepaid, deposited at Hershey, Pennsylvania, on this .3'A day Marcus A. McKngiht, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 YOST & DAVIDSON OF COMMON PLEAS OF COUNTY, PENNSYLVANIA LAW fthe foregoing Preliminary e first-class mail, postage April, 2006. Aohn S. Davi Esquire Supreme Court #17139 320 West Chow ate Avenue P.O. Box 437 Hershey, PA 17 3 (717) 533-5101 c? '`' ?, CT u~ G_, Y1 ? f?, : " .?, -O'er' ? ? , tl it -' ? ?-, ;` ` . c.` ? ? ?a <. ..< .. ALLISON GOLDMAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BRIAN BUECKER and, NO. 2006-1159 JAN BUECKER, his wife, Defendants STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff intends to proceed with the above-captioned matter. Respectfully submitted, IRWIN &)OIcKNIG,I;IT, P.C. By: Marc A. McK :iW, III, Esquire Supre e Court I.D. No: 25476 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Date: October 27, 2009 RLEC-OFFICE OF THIE PROTHONOTARY 2009 OCT 2 l PM 2., 48 CUME i UNTY PENNSYLVANIA ALLISON GOLDMAN Plaintiff vs BR LAN BUECKER and _ -JAN BUECKNE:K, his wife c-y ~ .., =T; Case No. 200 w :I. ~ 1uS _-t`s ~ ~-t ~~ ' r.. x zJ ~ -~ .r-, cn r rv ~ :-= + ~ rn -t ~ y Defendants Statement of Intention to Proceed ~''~'% ~ ~~_-~ 2 C; ,_, t7 ~' r~ To the Court: «`t T'he Plaintiff _ intends to proceed w' ,th/eJabove ptioned matter. Print Name Marcus A. McKnight, III Sign Name _ _ 1..~_C _ _ _ Date: October 26, 2012 Attorney for _the Plaintiff Explanatory Comment The Supreme Court e~f Pennsylvania has promulgated new Rule of Ciivil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the rewmmendation merit comment. L Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice., preempting local pules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa 360,710 A.2d l 104 (1998) in which the court held that "prejudice to the defendant as a result of dc;lay in prosecutiot7 is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial 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 (a) of that rule continues to be applicable. I] Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. if the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of ::nurse terminating the matter with prejudice for failure to prosecute" If a party wishes to pursue the matter. he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terninated when a party believes that it should not have been terminated, that party may proceed under Ru1e230(d) for relief from the order of termination. An example of such an occurrence might be the germination ~~f a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did vat timely file the novice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty 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. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filc;d and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention. to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). 13. Where the action has not been terminatea' An action which has not been terminated but which continues upon the filing of a noti+: e of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common ]aw non pros which exits independently of termination under 12u1e 230.2.