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Home My WebLink About06-4008 r .> , . COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS OF THE 9th Judicial District, County Of Cumberland 7/I4/ctp NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. I'i... -l{ /Y..} eO/.<<~ 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, NAME OF APPELLANT Tristin Breneman ADDRESS OF APPELLANT 235 Readin DATE OF JUDGMENT MAG. DIST. NO. NAME OF D.J. 09-3-01 CITY STATE ZIP CODe 7 DOCKET No. IN THE CASE OF (Plaintiff) Tristin Breneman ( ntf w Core Shultz SIGNAT~NT ___ If appellant was Claimant (see Pa, R.CP,D,J, No, 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty CV-89-06 This 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, (20) days after filing the NOTICE of APPEAL. SIgnature of Prothonotery Oi' Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONL Y when appellant was DEFENDANT (see PaR,CP,D,J. No. 1001(7) in action before District Justice, IF NOT USED, detach from copy of notice of appeal to be served upon eppellee, PRAECIPE: To Prothonotary Enter rule upon appellee(s}, to file a complaint in this appeal Name of appelfee(s) (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) Nama of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date at service of this rule upon you by personal service or by certified or registered mail, (2) It you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU, (3) The date of service olthis rule if service was by mail is the date olthe mailing, Date: ,20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRlPT 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 \' A 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 applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served [JI a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 7/14/06 ,20 0 by personal service III by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Corey Shultz / hi Q '* ' on 7/14/06 ,20 0 by personal service Ii) by (certified) (regi~tered) mail, sender's receipt attached hereto, (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 14th DAY OF July , 20~, '*attorney, Don Regan, Esquire,1300 Market St, Lemoyne,PA 17043 Signature of affiant Signature of official before whom affidavit was made Notary Title of official My commission expires on ,20_ ~\~ ~ ~ ~ ~~ r -ft ~ ; ~~ (~ ,~ '::.;"-. C) "n .-1 .,- fh::I! r:::: ,,, \:"":' \":' ~';"': -, l'o..' ::Sic;=i .-l }';>. :-.0 ,< C'\ ... '. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUllBBDT.aJllTl NOTICE OF JUDGMENTfTRANSCRIPT CIVIL CASE 09-3-01 PLAINTIFF: NAME and ADDRESS fiJl.BRBllAB, TRZSTZR 235 RBADZRG lID SHZPPBRSBURG, PA 17257 L -, Mag. Dist. No.: MDJ Name: HOIl. BAROLD B, BDlDD Add,e" 35 W OIlAJlGB ST SHZPPBRSBURG, PA --.J VS. Telephooe (717) 532-7676 17257-0361 DEFENDANT: 'sHULTZ, CORBY 84 WALMAR 1lAR0R DZLLSBURG, PA 17019 L NAME and ADDRESS -, ATTOIitllBY I'OR PLAZJlTZI'P : WJ:LLZU A, ADDUS 27 W HZGII ST PO BOX 261 CARLZSLB, PA 17013-0261 Docket No.: CV-0000089-06 Date Filed: 5/11/06 --.J . THIS IS TO NOTIFY YOU THAT: Judgment: POR PLAJ:JITZI'P Judgment was entered for: (Name) (Date of Judgment) BRJDIIBI[AR, TRZSTZR 7/05/06 ~ ~ Judgment was entered against: (Name) in the amount of $ 1,0013.90 o Defendants are jointly and severally liable. o Damages will be assessed on Date & Timp. o This case dismissed without prejudice. o Amount of Judgment Subject to Attachment/42 Pa.C.S. S 8127 $ o Portion of Judgment for physical damages arising our of residential lease $ SHULTZ, CORBY Amount of Judgment $ 1,000,00 Judgment Costs $ 43,90 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1,043.90 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 FlUNG A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTIfRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DlsmlCT 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 DlsmlCT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENmy OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL. SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date JI~ 1.- ~ . Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January. SEAL DATB PRZJlTBD: 2012 7/06/06 01,08,00 PM AOPC 315-06 r""""~~'-~"" ",_~"",~""""",'WI"1I1U,,,,,",", JIWl"~~~~~"~"'~~'- ..-f~?-'iP"'-'''~'''~''Y"'''>:'- """'''''T''''"'R ~-_ __'"- r - ._~ -..... '- U.S. Postal Servi,ce ..... CERTIFIED MAIL RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) U.S. Postal Service ... CERTIFIED MAIL RECEIPT (Domestic Mall Only. No Insurance Coverage Provided) ~I I'- L-_ i U'l I'T1 ru I'- Postmark Here rr1 Postage $ IT' ["- ~lidi€tiFee '" Return Receipt Fee n (El1dcrsem'Ol1t Required)- c::J c::J c::J 3'1 1/1'+1 vi<:.> m Postage Is .... r"- Cer.lfiurl Fee '" Return Receipt Fee .-:t (Endorsement Required) c::J t:I t:I ~4 2- <+0 S "{ 14-/010 \ 40 5" Postmark Here Restricted Delivery Fee (Endorsement Required) Restricted Delivery Fee (Endorsement ReqUired) C Total Postage & Fees $ I'- ..a Sent To .... c::J c::J c::J I'- C Total Postage & Fees $ I'- -D Sent To .... ~~~~~~~~r).~~~~tt~; m'__ City, State, ZiP-\-4 h.~ PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This prool 01 service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal, Check applicable boxes,) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland ; 58 AfFIDAVIT: I hereby (swear) (affirm) that I served IW a copy of the Notice of Appeal, Common PleasD(. _~. upon the District Justice designated therein on (date of service) 7/14/06 .20 , 0 by personal service liJ by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Corey Shultz/his* , on ,20 0 by personal service Ii) by (certified) (registered) mail, 7.!l"/OF. sender's receipt attached hereto. *attorney, Don Regan, Lemoyne, PA 1704 St, , Signature of afffant d. Notary Title of official My commission expires on ,20_, Notarial Sell AIIIlt II. eo.. Notaly PuIIIIo CalIII......... CIoo..tMIIIlLd COUIIIIr lIfea- '11.0.........3,- (') ", C:~ 0 C e,:;) o. 'T1 c. -.... ~::"; I--n nl); ~ ~TJ 'J~ -~~ C.l -T: ,', -' -r" -.'1" '--.' ("j ;,. '" Q :T, r,...) ~ C) =< -or-----.--.-.-."..--.....------.- , COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS [F "'11'~ ','"ll Judicial District, County Of exml' ',tlf",<< NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appeilant 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, Shi 09-3-01 CITY ens bur NAME OF D.J. Harold E. Bender STATE ZIP CODE NAME OF APPELLANT Tristin Breneme.n ADDRESS OF APPELlANT 235 Reading Rd, DATE OF JUDGMENT MAG. OIST, NO. 7/5/06 DOCKET No. IN THE CASE OF (Plalntilt) Tristin Breneman (Defendant)' w Corey Shultz SIGNATURE ~ ?~~ORAnOR~~~~~;~tNT I,;. - /' <- A ,->.<./ /// '~'~ V 1//"""-' " ,.... ...... CV-89-06 This block will be signed ONLY when this notation is required under Pa, If appellant was Claimant (see Pa, R.C'p,D.J, No. 1001(6) In ac/Ion R.C.P,D,J. No, 1008B. This Notice of Appeal. when received by the District Justice. will operate as a before a District Jus/lea, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case, (20) days after filing the NOTICE of APPEAL. S/gnaluAlolProthonote1YorDeputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This sec/lon of form /0 be used ONL Y when appellanf was DEFENDANT (see PaR.C'p,D,J. No, 1001(7) in action before District Justice, IF NOT USED, detach from copy of notice of appeat to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s}, to file a complaint in this appeal Name of appeHee(s) (Common Pleas No, ) within twenty (20) days after service of rule or suffer entry of judgment of non pros, SIgnature of appellant or attomay or agent RULE: To , appellee(s) Name of appellee(s) (1) You are notified thet a rule is hereby entered upon you to file e 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 dete of the mailing, Date: ,20 SlfllIIJI.... OlPtofl)"""'!'rOf Ooputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THI~ N~TICE OF.APPEAL. AOPC 312-02 WHITE, COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANrS COPY PINK - COPY TO BE SERVEO ON APPELLEE GOLO - COPY TO BE SERVED ON DISTRICT JUSTICE . . WILUAM A. ADDAMS, ESQUIRE ATTORNEY ID # 06265 27W.HIGHST. P.O. BOX 261 CARLISLE P A 17013 TELEPHONE 717-243-7638 ..TRIS'fiN"P.:.BRENEMAN....""""""........""""......T.."...!i1.the'CowTon=:Cimmon.'Pleas"Cif""""l 1 Cumberland County, Pennsylvania I fl~ti~i ! ~ VS. No. 06-4008 Civil \ i I COREY SHULTZ I . Defendant. i ~......................................................................................................................................................................................................................., AND now carnes the plaintiff by his attorney, William A. Addams, and rnakes the following COMPLAINT 1. The pI~tiff is Tristin P. Breneman, an adult individual residing at 235 Reading Road, Shippensburg, P A. 2. The defendant is Corey Shultz, an adult individual residing at 84 Walrnar Manor, Dillsburg, York County, PA. 17019. 3. The plaintiff was the owner of a 1997 Yamaha rnotorcycle, and placed an ad to sell it. 4. The defendant responded to the ad, rode the rnotorcycle on April 21, 2006, and informed the plaintiff that he would buy it for $2,500 if it passed state inspection. 5. The plaintiff had the rnotorcycle inspected by a licensed inspection station, and on April 29, 2006, the defendant purchased the motorcycle in exchange of his personal check in the amount of $2,500. 6. When the plaintiff attempted to cash the check, he learned that the defendant had stopped payment and has refused to make the check good. WHEREFORE, the plaintiff demands judgment against the defendant in the amount of $2,500.00, plus interest frorn April 29, 2006, and costs of suit, an amount within the jurisdiction of arbitration under the local rules of court. ~ Williarn A. ddams Attorney for Plaintiff VERIFICATION Tristin Breneman, hereby verifies that the facts set forth in the foregoing 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 P A. C.S. Section 4904 relating to unsworn falsification to authorities. Dated; 7/LO/ O~ ~A".. Tristin Brenernan WILLIAM A. ADDAMS, ESQUIRE ATI'ORNEY ID # 06265 27W.HIGHST. p.o. BOX 261 CARLISLE PA 17013 TELEPHONE 717-243-7638 !"fRiSTIN'P.:.BRENEMAN......................................r......iIi..the..courforcommon.Pleas..or.....j 1 ~ Cumberland County, Pennsylvania j fl~tifui i VS. No, 06-4008 Civil ! ! i COREY SHULTZ 1 ! i Defendant! ! ,........................................................................................................................................................................................................................1 CERTIFICATE OF SERVICE I, William A. Addams, do hereby certify that I caused a true and correct copy of the foregoing docurnent to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below, Dan Regan, Esquire 1300 Market St., Suite 1 Lernoyne, P A 17043 ~ William A. A ams Attorney for Plaintiff Dated: July 26, 2006 "J; :..;") :2 oW :c_ ..... t(:::j ..) o Corey Shultz, Defendant ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Tristin P. Breneman, Plaintiff v. No. 06-4008 CIVIL ANSWER OF DEFENDANT, COREY SHULTZ Defendant Corey Shultz, by and through his undersigned counsel, hereby answers Plaintiff's complaint and provides new matter as follows: ANSWER 1. Admitted. 2. Admitted. 3, Admitted. 4. Admitted, 5. Admitted. 6. Admitted. NEW MATTER 7, Defendant took possession of the motorcycle, had the motorcycle registered in his name and delivered his check to Plaintiff on April 29, 2006. When Defendant gave his check to Plaintiff, Defendant asked Plaintiff to delay cashing the check until Monday, May 1'\ to allow Defendant time both to ensure there would be sufficient funds to cover the check and to make sure the motorcycle was not defective. Plaintiff agreed to delay cashing Defendant's check. 8, After the check was transferred Plaintiff escorted Defendant to a storage shed near Plaintiff's residence. The shed contained numerous motorcycle spare parts, tools and other motorcycles, Plaintiff gave Defendant a box of motorcycle parts, which Defendant accepted. Plaintiff and Defendant then returned to Plaintiff's residence, where Defendant started the motorcycle and began driving home, 9. The April 21, 2006, ride referred to in Paragraph 4 of Plaintiff's complaint consisted of driving the motorcycle a few blocks in and around Plaintiff's residence. Defendant did not operate the motorcycle at recognized highway speed until April 29th, when he was driving the motorcycle home, Upon merging onto Interstate 81, Defendant immediately noticed that acceleration would drag and the motorcycle would almost stall at normal cruising speed. After experiencing this problem for a few miles Defendant called Plaintiff to determine why this problem was happening. Plaintiff admitted that the problem was occurring because the motorcycle's carburetor had been "re-jetted," which is to say the air-fuel ratio had been altered. 1 O. Plaintiffs failure to disclose this mechanical alteration, coupled with Defendant's observation of a storage shed with the trappings of a motorcycle workshop, caused Defendant to wonder whether the motorcycle had undergone other undisclosed alterations. Defendant consulted a friend who was familiar with motorcycle mechanics, and Defendant and his friend examined the motorcycle in detail, This examination revealed that neither of the motorcycle's tires met state safety inspection specifications, and that the front tire was not the same as the one that was on the motorcycle on April 21st, Defendant also discovered the motorcycle did not meet state safety requirements because the right turn signal did not work. 11, On or about April 30, 2006, Defendant called Plaintiff on Plaintiff's cell phone to complain about these safety-related defects and to direct Plaintiff not to cash Defendant's check until this problem was resolved. Before Defendant could fully explain the defects he discovered, Plaintiff said his phone was cutting out, and that he would have to call Defendant back. Plaintiff never made that return call. In the absence of an agreed course of action, and as an inducement to get Plaintiff to deal constructively with the motorcycle's defects, Defendant stopped payment on his check, -2- 12. On May 5, 2006, Plaintiff called Defendant to complain about the stopped payment. Defendant described the defects he discovered, and Plaintiff responded that he wanted the agreed price or his motorcycle back. Defendant then offered Plaintiff two options. Under the first option, Defendant would retum the motorcycled to Plaintiff, but Plaintiff would have to pay Defendant $230 to reimburse him for the motorcycle registration fee and Plaintiff would have to pay the fee to have the motorcycle re-registered in his name. Under the second option, Defendant would take the motorcycle to a reputable inspection and repair shop, the necessary work would be done to get the motorcycle to pass inspection, Defendant would pay the repair shop and Defendant would pay Plaintiff the agreed price of $2500 less the amount Plaintiff for repairs, 13. Plaintiff refused both of the options Defendant offered, Plaintiff also refused Defendant's effort to have their dispute referred to a mediation service. 14. On May 18, 2006, which was the first available appointment, Defendant loaded the motorcycle on a trailer and delivered it to Velocity Cycles of Mechanicsburg, Pennsylvania, for a safety inspection. This inspection revealed massive defects: not only the sub-specification tires and inoperative tum signal Defendant discovered previously, but also (1) a rear brake rotor below required thickness; (2) the absence of a chain guard; (3) a lose head bearing; (4) handle bars that had been bent toward the gas tank; (5) unsecured brake lines; (6) loose wires that hung so close to the forks as to impede steering; (7) misrouted hoses and wires; (8) bent and broken upper fairing mounts; and (9) a bent front fork. In terms of parts alone, the cost of repairing these defects would exceed $2000. 15. On May 5th Defendant offered Plaintiff two options: take back the motorcycle and reimburse Defendant for his costs, or sell the motorcycle to Defendant at the agreed price less the cost of the safety-related repairs. The May 18th inspection revealed that the second option is infeasible: the costs of repair exceed the purchase price. -3 - 16. Pending the outcome of this litigation the safety-related repairs have not been made and the motorcycle remains inoperable. Nevertheless, during this interim period Defendant has incurred costs associated with storing the motorcycle and maintaining operators insurance on it. WHEREFORE, Defendant requests that judgment be entered in his favor, together with an award of reasonable attorney's fees, litigation costs, storage costs and insurance costs, with interest, as well as such other and further relief as this court deems appropriate. Respectfully submitted, .1--~. - DAN REGAN Pa. Lic. No, 72461 1300 Market Street, Suite 1 Lemoyne, PA 17043 (717) 737-4433 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C,S. ~ 4904, relating to unsworn falsification to authorities. co~~,~ Dated: <(5- IS- - B-COG, -4- . Corey Shultz, Defendant ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Tristin P. Breneman, Plaintiff v, No. 06-4008 CIVIL CERTIFICATE OF SERVICE I, Dan Regan, do hereby certify that I caused a true and correct copy of the foregoing "Answer of Defendant, Corey Shultz" to be served upon the following designated person by placing the same in the United States mail, first class delivery, on the date set forth below, William A. Addams, Esq. P.O. Box 261 Carlisle, PA 17013 ~f~ Dan Regan Attomey for Defendant Dated: August 15, 2006 e ~ -0 (i~ \!'c' :;::"f' ~)X,~ =<....,. ,<:C. :ZG ~i:: ~ ~ ~ en ~ ~::o _ ~V3 ;. : ~ 0'\ WILLIAM A, ADDAMS, ESQUIRE ATTORNEY ill # 06265 27W,HIGHST. P,O. BOX 261 CARLISLE PA 17013 TELEPHONE 717-243-7638 f'tRIsfiN..P.:.BRENEMAN.......................................y........til..the..c.ourF'o(Common.Pieas'.o{......, i Cumberland County, Pennsylvania Plaintiffs VS, No. 06-4008 Civil COREY SHULTZ ,..,..........,.........,......................................................P.~!~~9:~~.;......................................................................................,...................., PRAECIPE Sir: Please mark this action settled and disco . nue , ,,-//"/ Willam A. Addams Attorney for Plaintiff To Curtis Long, Prothonotary Dated: September 11, 2006 , " ,'('() (~!) :2 ~ld Z I [":"1 )r..~ Ii V