The URL can be used to link to this page

Home My WebLink About94-02636 v. IN THB COURT OF COMMON PLEAS OF CUHBBRLANDCOUNTY, PBNNSYLVANIA CIVIL ACTION - LAW PHILLIP M. BOOZB, JR., Plaintiff SHILOH'S BAY RUN ACRES, MICBABL JANBSKO, JADB JANBSKO, Defendants NO. 94-2636 EQUITY TBRM ORDBR OF COURT AND NOW, this 2. '- tl, day of May, 1994, following a conference in chambers with Samuel W. Milkes, Esq., and Ronald E. Johnson, Esq., and it appearing that Defendants have not yet been served with the Complaint and Petition for Special and Injunctive Relief, the hearing scheduled for this date on the said Petition is CANCELLED, and if no resolution of the matter can be arrived at by counsel they are requested to contact the Court for the scheduling of a brief hearing on the said Petition. BY THE COURT, dI Samuel W. Milkes, Esq. Attorney for Plaintiff Ronald E. Johnson, Esq. Attorney for Defendants :rc ..., ,.,'. . ,~~ .l.. '~'I :;~ : ,,\.': ; . \.~ .y -:. . \1I;1,~ t An~ 1 irl ~\il "d lE ~ 1',7 k'~ ..~ SHERIFF'S RETURN CXMo1ONWEAL'IH OF PENNSYLVANIA: COUNTY OF ClfoIBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-2636 Equity Term Complaint in Equity and Notice Phillip M. Booze, Jr. VS Shiloh's Bay Run Acres, Jade Janesko and Michael Janesko DAni.., P..ip..r , ~xfbfK: Deputy Sheriff of Ctmberland County, Pennsylvania, who being duly sworn according to law, says, that he served the within rnmplRint in F.q1Jity Rnn Nnt;("'~ upon !':hiloh'.. RAY RlIn Af"'r.... .1Ro", the defendant, at ".,,, Janesko and Michael Janesko P .M. ~ / EDST, on the ,,, day of MRY o'clock , 19-9.4at lq~6 F.nnlR RORn. Npwvil1p , Cumberland County, Pennsylvania, by handing to .'AO.. .1Rn....ko. o..f..noRnt' wif.. of M;f"'hR..l .1Rnp~kn Ann nwnPT nf f;h; 1 nh I ~ RAY Run A,...rp.~ a true and attested copy of the ComplAint in F.qllity And Noti".. and at the same time directing hPT attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing Service Affidavit Surcharge 22.00 5.60 So answers: rfJ~r~~4 R. Thomas Kline. Sheriff 6.00 33.60 Pd, by Aty. 5-27-94 .'r- /~ -.... .".~ ;J,#..>. -- Deputy Sheriff by Sworn and subscribed to before Ire this .' ~.J- day of Q.- 19 'f'f A.D. " \---}'1 ~ C. /},u r p,. . ~. I Prothonotary ~ , Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - EQUITY PHILLIP M, BOOZE, JR" v, SHILOH'S BAY RUN ACHES MICHAEL JANESKO, JADE JANESKO, : 1994 2636 EQUITY Defendants CERTIFICATE OF SERVICE I, Roberta Hockenberry, hereby certify that a true and correct copy of the Praecipe to Discontinue Action in the above captioned mailer was duly served upon Ronald E. Johnson, Esq" by depositing it in the U,S. Mail, on July 13, 1994, addressed as follows: Ronald E, Johnson, Esq. ANDREWS & JOHNSON 78 West Pomfret St. Carlisle, PA 17013 I hereby verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S, Section 4904, relating to unswom falsification to authorities. Dated: July 13, 1994 ~..;/tl (JCl~hl1.bUJ'f OBERTA HOCKENBERRY, a:; ;'-;0- .- = ,- c.- ~ '" '" (""I") en - -. , $ <-.' ....., '. PHILLIP M. BOOZE, JR" :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNlY, PENNSYLVANIA :CIVD.. ACfION - EQUITY Plaintiff v. Eqyity ~r/'f1 qo.J - ';)~3Cr SHn.OH'S BAY RUN ACRES MICHAEL JANESKO, JADE JANESKO, :1994 EQUITY Defendants 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 Counterclaim and Notice are selVed, 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 Counterclaim or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights impottant 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 Court Administrator Cumberland County Courthouse Third Floor Carlisle, PA 17013 (717) 249-1133 or 697-0371 6. There exists no written contract for the boarding or training of said horse, 7. Since May 31, 1992, Plaintiff has paid various amounts billed by Defendants, in exchange for boarding and training services for said horse, 8. Since May 31, 1992, Plaintiff has provided extensive carpentry and miscellaneous construction services for Defendants, as agreed upon by the parties, and having a totai vaiue greater than the services provided by Defendants for said horse. 9, At present, Plaintiff does not owe any money to Defendants in connection with services provided for said horse. 10. The services provided to Plaintiffs horse have been in violation of the agreement reached by the parties in that: a, The horse has suffered numerous heaith problems due to the inadequate boarding practices of Defendants; b. The horse is to date st1ll not trained in the manner expected under the agreement of the parties. 11. Since March 3, 1994, Plaintiff has made repeated demands to Defendants for the horse to be returned to him, These demands have been through Plaintiffs own effons and those of his counsel. 12, Defendants to date have continued to refuse to return to Plaintiff the horse named "Joker," 13. Defendants to date have notified Plaintiff that he is not allowed to enter on the property of Defendants to remove the horse, 2 14. Defendants have made repeated threats that they intend to sell Plaintiffs horse in exchange for moneys claimed by Defendants to be due them by Plaintiff. 15. Defendants have not disputed that Plaintiff is the rightful owner of sald horse. 16, Plaintiff owns various items of personal propeny which are currently in the possession of Defendants, including: a, Hydraulic Jack; b, Rare Hawk Video Cassette; c, Security Camera and monitoring system; and d, Saddie Girth, 17, Plaintiff has made repeated demands upon Defendants and their counsel for the return of his personal propeny. 18, To date, Defendants have refused to return to Plaintiff his personal propeny or to allow Plaintiff access to Plaintiffs propeny. 19. There exists no valid lien or other legal document allowing Defendants to maintain possession of Plaintiffs personal propeny and horse, 20. While Defendants claim to have once provided Plaintiff with a receipt, indicating that he could not gain return of his horse if any amounts were due, Plaintiff denies having ever received such a receipt until this recent dispute arose, and funher denies that such a receipt would act as a valid contract since it is unilateral in nature, not imposed until after the agreement of the parties had been effectuated and services had 3 been provided, and would allow Defendants the unilateral ability to state that money is due and owing them, without recourse of Plaintiff, other than court action. 21. Despite Defendants' repeated threats to do so, the receipt referenced above does not purport to grant Defendants the right to sell Plaintiffs horse. 22. Despite Defendants' repeated refusal to return Plaintiffs Items of personal property, the receipt referenced above does not purport to grant Defendants any right to retain Plaintiffs personal property. WHEREFORE, for the above reasons, Plaintiff respectfully requests of this Court that It direct Defendants to Immediately return to Plaintiff the horse, "Joker" and the personal property described above, that Defendants be directed to return to Plaintiff all moneys pald to Defendants in connection with the boarding and training of said horse, for fallure of Defendants to provide the services promised, that Defendants be directed to pay to Plaintiff punitive damages for their wrongful withholding of Plaintiffs horse and personal property, and that Defendants be directed to pay Plaintiffs reasonable attorneys fees, costs, and expenses connected with this litigation, due to Defendants' bad faith actions leading to this litigation. Respectfully submitted, Dated: ?(1~9A(- //1/g ...k;/1Y~b BY: Samuel W. Mllkes, Esq. JACOBSEN & MILKES 36 South Pitt Street Carlisle, PA 17013 (717) 249.6427 Attorney No, 30130 4 \" 0-. If) <::) -- r cr- <::l -*-. ~ ~ ()~ $- ~ .. 1- ,... \Q \~ , \:' ~ ~ i ~ i' J ~ ~- ---L ~'j~ ~ "3 ~. ~ j .. '- . ..., ~ ~ - ~ ~ oo.r::"" ;""'l" -., ,-~::,... ~ ~_'.:r .:,. o '"l::3" ~.. Cl 0;;:, t" CJ S?-ov-; ~. C1) .., .' ~ ..... ~ ~ PHILLIP M. BOOZE, JR., Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUHBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - EQUITY . . v. :9f-(- ?G~b fM ~ :1994 EQUITY SHILOH'S BAY RUN ACRES MICHAEL JANESKO, JADE JANESKO, . . . . . . Defendants . . RULE TO SHOW CAUSE IN RE: PLAINTIFF'S PETITION FOR SPECIAL AND INJUNCTIVE RELIEF AND NOW, this ~ day of May, 1994, a Rule is issued upon the Defendants to show cause why the special relief requested by Plaintiff should not be granted. This Rule is returnable at a hearing to be held in the Cumberland County Courthouse, Courtroom No. 5 , Courthouse Square, Carlisle, pennsyvania, #Tv '7'./'-l-I..~1 'rYk:<-g d", /99'1, By The Court, at q:oo o.m.1 -{ iLL -'S 0-1' ( J. ~~~ /I!~I HAY 10 10 u7 ~M '9~ :r ;"Icr. ): ,; l','~'~j,' -,.,nY ',C" ~:, ....,;} C(',j~i'Y ; ~ i. j ~, . i 'r! ..\' i 1 ",' . PHILLIP M. BOOZE, JR., Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUHBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - EQUITY . . v. . . ~<.---- : "'I. 2/,](. <q......:z;, :1994 EQUITY SHILOH'S BAY RUN ACRES MICHAEL JANESKO, JADE JANESKO, . . . . . . Defendants . . PETITION FOR SPECIAL AND INJUNCTIVE RELIEF COMES NOW, the Plaintiff in the above-referenced matter, by his counsel Samuel W. Milkes, JACOBSEN & MILKES, and petitions this Honorable Court for special relief pursuant to Rule 1531 of the Pennsylvania Rules of Civil Procedure. This petition rsquests that the Defendants be directed to return to Plaintiff his horse and personal property, currently being held by Defendants, for the following reasons: 1. Plaintiff hereby incorporates the verified allegations made in his Complaint in Equity, filed on this same date. 2. Since the demand by Plaintiff on March 3, 1994 for return of his horse, and continuing to the present date, Defendants have refused to return to Plaintiff his horse, "Joker." 3. Continuing through the present date, and despits the fact that Defendants refuse to rE"turn to Plaintiff his horse, Defendants claim that Plaintiff must pay to Defendants an ongoing daily boarding cost for Defendants' boarding of Plaintiff's horse. 4. At various times to date, Defendants have threatened to sell Plaintiff's horse, despite the fact that Defendants have never claimed ownership or any valid lien upon the horse. 5. Defendants have never cited any reason why they should be allowed to retain Plaintiff's personal property, yet Defendants continue to refuse to return said property. 6. Continuing through the present time, Plaintiff and his family are being denied the reasonable access to and enjoyment of the horse, "Joker" and Plaintiff's personal property, and they continue to be harmed in such fashion until the horse and items are returned to Plaintiff. WHEREFORE, for the above reasons, Plaintiff respectfully requests of this Honorable Court that it issue a rule upon the Defendants to show cause why they should not be directed to immediately return to Plaintiff the horse, "Joker" and Plaintiff's personal property during the pendency of this action, leaving for further consideration by the Court the issue of money damages claimed by any of the parties. 5(\Y(~ Respectfully submitted, y~/?~ 'BY: Samuel W. Milkes, Esq. JACOBSEN & MILKES 36 South Pitt Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 30130 2