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Home My WebLink About06-5909 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY CHARLES BITNER DB/A BITNER BROTHERS REMODELING 429 NORTH EAST STREET CARLISLE, PA. 17013 V. CHRIS BITNER 103 SOUTH HIGH STREET NEWVILLE, PA. 17241 NO. N1 -'5qo q e- I") I -f rn? Civil action-Law NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty(20) days after this complaint and notice are served, by entering a written appearance personally or by attorney, and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAN NOT 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, Pa. 17013 249-3166 Or Court Administrator's office Cumberland county Courthouse Floor 3R Carlisle, Pa. 17013 240-6200 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY Charles Bitner, D/B/A Bitner Brothers Remodeling 429 North East Street Carlisle, Pa. 17013 V. Chris Bitner 103 South High Street Newville, Pa. 17241 No. 06- S9 0q Ct?'j? I Civil Action- Law COMPLAINT 1. PARTIES 1. Charles Bitner is an Adult Male residing at 429 North East Street, Carlisle, Pa. and is the Plaintiff in this matter. 2. Charles Bitner is the principle owner of Bitner Brothers Remodeling 3. Chris Bitner is an Adult Male residing at 103 South High Street Newville, Pa. 17241 and is the Defendant in this matter. COUNT 1 CONVERSION 4. Paragraphs 1-3 are incorporated by reference. 5. On April 5, 2006 Chris Bitner, being an authorized signatory on the Bitner Brothers Remodeling account used the Bitner Brothers company account to write himself a check for the sum of $1,500.00 6. On April 6, 2006 Chris Bitner wrote himself a check for the sum of 368.59 using the Bitner Brothers company account. 7. Chris Bitner was not authorized to make out either the check for $1,500.00 or the check for $368.59 to himself for any purpose. Wherefore Charles Bitner Prays that this Honorable Court award him a judgment of $1868.59 against Chris Bitner for the unauthorized removal of company funds for his own purposes COUNT 2 CONVERSION 8. Paragraphs 1-7 are incorporated by reference 9. Chris Bitner has taken tools belonging to Bitner Brothers Remodeling upon his leaving the company and refuses to return these tools to Charles Bitner and Bitner Brothers remodeling. 10. These tools include but are not limited to a pocket kicker valued at $14.84, a mud mixer valued at $9.79 a mud mixer valued at 11.65, a drywall saw valued at 4.97 a 16oz hammer valued at 9.67, an 11 gallon hummer valued at 99.97, and scaffolding vaslued at $200.00 Wherefore Charles Bitner prays for a judgment of $351.89 for the value of the tools taken by Chris Bitner from Bitner Brothers Remodeling Consequential damages 11. Paragraphs 1-10 are incorporated by reference. 12. As a result of the removal of the $1,868.59 from the business account of Bitner Brothers Remodeling, Bitner Brothers suffered several fees due to insufficient funds in the business account to cover outstanding checks. 13. Check #1043 to the City Treasurer of Harrisburg Pa amount of $40.00 was insufficient resulting in a $25.00 fee from the city 14. Check # 1056 to the Borough of Carlisle for $64.90 was insufficient resulting in a $25.00 fee from the borough 15. Check #'s 104, 105, 1009, 1012, and 1004 were returned for insufficient funds 16 All 7 of the checks mentioned in paragraphs 13-15 were subjected to a $30 insufficient fund fee assessed by Members 1St credit union Wherefore Charles Bitner Prays for a Judgment of $260 for the insufficient fund fees he and Bitner Brothers had to pay due to the unauthorized removal of funds by Chris Bitner from Bitner Brothers Company account Wherefore Charles Bitner seeks a Total Judgment of $2,480.68 Plus Lawful interest from April 6, 2006 for the damages suffered as a result of Chris Bitner's unauthorized removal of Bitner Brothers Property and funds. Respectfully Submitted, W Daniel Pollock, Esq. Attorney for Charles Bitner And Bitner Brothers Remodeling Daniel Pollock, Esq. 801 Sandbank Road, 418 Mount Holly Springs, Pa. 17065 Pa. Super. ID. 70315 Phone and fax (717) 486-0030 E-Mail Dbigdanp @ Aol.com VERIFICATION I verify that the statements made in this Complaint are true and correct to the best of my knowledge. I understand that false statements knowingly made herein are subject to the penalties of 18 Pa. C.S. 4904 regarding unsworn falsifications to Authorities. D D Charles Bitner DAT _ _t DO tD STACY B. WOLF, ESQ. SUPREME COURT ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 ATTORNEY FOR DEFENDANT CHARLES BITNER : IN THE COURT OF COMMON PLEAS OF D/B/A : CUMBERLAND COUNTY, PENNSYLVANIA BITNER BROTHERS REMODELING 429 NORTH EAST STREET CARLISLE, PA 17013 : NO. 06-5909 CIVIL TERM v. CHRIS BITNER 103 SOUTH HIGH STREET NEWVILLE, PA 17241 CIVIL ACTION-LAW ANSWER AND NOW comes Defendant, Chris Bitner, by and through his attorney, Stacy B. Wolf, Esquire and files this Answer to Plaintiff's Complaint, representing as follows: 1. Admitted. 2. Denied. To the contrary, Charles Bitner and Chris Bitner are fifty/fifty partners of Bitner Brothers Remodeling. 3. Admitted. 4. No response is necessary. COUNT I 5. Admitted. By way of further response, Chris Bitner wrote himself a check in the amount of $1,500.00 to reimburse himself for payments he made for a business truck. 6. Admitted. By way of further response, Chris Bitner wrote himself a check in the amount of $368.59 to reimburse himself for an initial deposit of his own money made into the business account in December, 2005 and to reimburse himself for business supplies he purchased. 7. Denied. To the contrary, because he was an authorized signatory, partner of the business, and because he was reimbursing himself for business expenses he had paid, Defendant was authorized to write the $1,500.00 and $368.59 checks to himself. WHEREFORE, Defendant respectfully requests Count I of Plaintiff's Complaint be dismissed, with prejudice. COUNT II 8. No response is necessary. 9. Admitted. 10. Admitted in part, denied in part. It is admitted these tools include a pocket kicker valued at $14.84 and a mud mixer valued at $9.79. It is denied these tools include a mud mixer valued at $11.65, a drywall saw valued at $4.97, a 16 oz hammer valued at $9.67, an 11 gallon hummer valued at $99.97, and scaffolding valued at $200.00. Strict proof thereof is demanded. WHEREFORE, Defendant respectfully requests Count II of Plaintiff's Complaint be dismissed, with prejudice. CONSEQUENTIAL DAMAGE 11. No response is necessary. 12. Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of these averments, and therefore said averments are denied and strict proof thereof is demanded. 13. Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of these averments, and therefore said averments are denied and strict proof thereof is demanded. 14. Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of these averments, and therefore said averments are denied and strict proof thereof is demanded. 15. Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of these averments, and therefore said averments are denied and strict proof thereof is demanded. 16. Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of these averments, and therefore said averments are denied and strict proof thereof is demanded. WHEREFORE Defendant demands that Plaintiff's complaint be dismissed and that judgment be entered for Defendant and against Plaintiff along with any additional relief the Court deems just. Respectfully submitted, November , 2006 WOLF & WOLF BY: ??J STACY B. OLF, ESQU Supreme Court ID No. 88 2 10 West High Street Carlisle, PA 17013 (717) 241-4436 Attorney for Defendant VERIFICATION I, the undersigned, herebyverifythat I am the plaintiff in the above-referenced action and that the facts stated in the above complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. GS. §4904, relating to unsworv falsification to authorities. //I l , , 2006 Chris STACY B. WOLF, ESQ. SUPREME COURT ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 ATTORNEY FOR DEFENDANT CHARLES BITNER : IN THE COURT OF COMMON PLEAS OF D/B/A : CUMBERLAND COUNTY, PENNSYLVANIA BITNER BROTHERS REMODELING 429 NORTH EAST STREET CARLISLE, PA 17013 : NO. 06-5909 CIVIL TERM V1. CHRIS BITNER : CIVIL ACTION-LAW 103 SOUTH HIGH STREET NEWVILLE, PA 17241 CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I personally served the following party with a copy of the Answer to Plaintiff's Complaint on this date and in the manner indicated. SERVICE BY FIRST CLASS MAIL: Daniel Pollock, Esquire 801 Sandbank Road, #18 Mount Holly Springs, PA 17065 Date: November, 2006 -444z?t- -9 Ai? Stacy B. Wolf, Esquire Attorney for Defendant r? (,'7 c.? --;? - 1 .T 1 ? .-r?, i !.` _ti ... , c .. .. .? ° - ? ,? SHERIFF'S RETURN - REGULAR CASE NO: 2006-05909 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BITNER CHARLES ET AL VS BITNER CHRIS SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BITNER CHRIS the DEFENDANT , at 1901:00 HOURS, on the 18th day of October , 2006 at 103 SOUTH HIGH STREET NEWVILLE, PA 17241 CHRIS BITNER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 9.68 Postage .39 f ?,Oe_le Surcharge 10.00 R. Thomas Kline .00 38.07--/ 10/19/2006 DANIEL P Sworn and Subscibed to By: before me this day of A. D. Curtis R. Long Prothonotary office of Me Protoonotarp Cumberfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor _CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573