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Home My WebLink About95-02273 6. Plnintiff Ilnd Defendunt, through Defcndunt's employee, by ngreement seplll'llte from this Ilction, promoted nnd held for public nttendnnce vnrious professionul nnd nmuteur boxing nnd mnrtiulnrts events ut Defendunt's locution, und thut Defendnnt permitted Plnintiff to store in the busement of Defendunt's location, certain event equipment listed und described in Exhibit "N', u copy of which is attached hereto and by reference mude n pnrt hereof. 7, Plnintiff owns and is entitled to the inllnediate possession of said pl'operty. 8, The bnsis of Plaintiffs ownership of said property is thut the title, right of property and right of possession in said property was acquired by Plaintiff through purchase exclusively for corporate use as deemed appropriate by the corporate president. 9, The estimated value of said property is S8,988.50. 10. In May 199,1, Defendant wrongfully and without Plaintiffs consent took said property from Plaintiffs possession at the Radisson.Penn Hnl'l'is. 11. Defendant has wrongfully detained said property since May 19901, and continues to wrongfully detain said property at un unknown location or locations. 12. On Aug, 22, 1994, Plaintiff, by employee Stephen lVI, Urban, made formal written demand to Defendunt via certified mail, article #Z 115 676 848, to the attention of Defendant's employee Bliss, for the return of said property to Plaintiff, but Defendant refused and still refuses to comply with said formal written demand, a copy of which is attached hereto, marked Exhibit "B" and by reference made a purt hereof. 13. Defendunt's wrongful detention of said property has prevented Plaintiff fmm using same for other lawful purposes. 14. Plaintiffs action is not time.bol'l'ed by virtue of an Order of Court issued on the 13'h day of January, 1999, grunting Plaintiff 60 days from suid date of Order to file a complaint for the purpose of moving the case forwnrd, u copy of which is uttached hereto, marked Exhibit "C" und by reference Illude u purt hereof. EOUIPMENT STORED AT THE RADISSON PENN HARRIS CONVENTION CENTER BASEMENT SOURCE Professional Floor Matting Everlast $1 ,960 (16'X16") (Wrestling Mat) p,68 16 Turnbuckles (1800-3000) Everlast $512 @ $32.00 Per Turnbuckle p,38 Speed Bag Rack (36") Everlast $850 4268 p.12 Speed bag (Leather) Everlast $ 46 (11"X8") p.25 Punching Mitts (Leather) Everlast $ 60 4312 p.22 Bag Gloves (XL) Everlast $ 82 4356 p.22 Sparring Gloves (18oz,) Everlast $372 (2 pair) @$186 per pair p.4 Portable Game Stand Shenk's $420 Model MP-SOOR (24" Base) Volleyball Net Shenk's $ 60 Model VBN-32 2 Leather Skip Ropes Everlast $ 34 Model 4477 (9 1/2) p,50 @$17 per rope 1 Duralon Skip Rope Everlast $ 12.50 Model 4474 (91/2) p,50 Heavy Bag (Tufflon) Everlast $126 (14"X42") 4637 p.13 Double-Ended Bag Everlast $ 90 4220 p.24 Heavy Bag Leather Everlast $310 (14"X48") 4648 p.1S Heavy Bag Spring Everlast $ 14 Model 4683 p,19 Heavy Bag Chain & Swivel Everlast $ 10 Model 4688 p,19 [ ExhibU .-A~ page 1 of 2 -------.--- Page 2 Upper Cut Bag Everlast $120 4650 pA8 Boxing Timer Ringside $ 79 WT p.63 2 Ring Buckets Ringside $ 12 Model RB-1 p.75 Handwelghts (1 pair) Ringside $ 20 706 31bs (Pair) p.53 Stairs 11 set) Ringside $130 RS p,58 Scaffolding (2 sets) Cherry Co, $928 (with lock wheels & Scaffolding base plates) Conference Table 148"X96") Office Max $480 Walnut p.140 Double Pedestal Base-for Office Max $235 Conference Table-CFT-550-01- p.140 Mirror Chrome-plated 4 Guest Side Arm Chairs Office Max $1,312 @$328 each (Slightly Different- pA5 thinner cushions I Metal Bookcase Office Max $114 40"h-2 adjustable shelves p.21 1 Wood Table 136"X36001 Could not find $ 50 Arcade Video Game: Donkey Kong Leading $300 Discontinued Edge Amus. USED Arcade Video Game: Space Invaders Leading $250 Discontinued Edge Amus, USED TOTALS: $8,988.50 IE h'b't "A" I i · X I I n I page 2 of 2 I I _ -.- .---__~----I i~ ,0 .- c.-, f., ... i ,-- fJ () ")'" " ., C' w.o. j.oj n. ~\ ro' " ". - eJ':.', p I .. L ~l . \\L ,. ~- ... D' i U 0" () 'E S ~ C'l '0 u: rJ)] ] ~ ~ tl ~ Po; ~~cth '5~5.E ~ ~:i! ~ --3 ~~ - <b ~ , l'- l2 ~ - l'- STEPHEN URBAN PRODUCTIONS, IN THE COURT OF COMMON PLEAS OF INC, , : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . . v, CIVIL ACTION - LAW . . RADISSON PENN HARRIS HTL-CNVN CENTER, . . Defendant No, 95-2273 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of January, 1999, upon consideration of Plaintiff's Request for Nonpurging of case, and following the scheduled argument on this date at which the Defendant did not appear, and the Defendant not having filed an answer in opposition to the Plaintiff's request, and in response to the Rule To Show Cause issued on October 27, 1998, the Plaintiff's Request for Nonpurging of Case is granted, the case is stricken from the purge list, the Rule is made absolute, and the Plaintiff is directed to file a complaint within 60 days of the date of this order for the purpose of moving the case forward, By the court, J. Stephen M. Urban, President Stephen Urban productions, Inc., P,O. Box 1102 camp Hill, PA 17011-1102 plaintiff, Pro Se Radisson Penn Harris Hotel convention Center Routes 11 & 15 and Erford Road camp Hill, PA 17011 Defendant, Pro Se wcy EOUIPMENT STORED AT THE RADISSON PENN HARRIS PRICE PRICE CONVENTION CENTER BASEMENT SOURCE NEW USED ProfessIonal Floor Matting Everlast $2500 $1260 (16'X16") (Wrestling Mat) p,70 16 Turnbuckles (18"-30") Everlast $612 $612 @ $32.00 Per Turnbuckle p.44 Speed Bag Rack (36") Everlast $680 $290 p,12 Speed bag (Leather) Everlast $ 44 $ 27 (11"X8") p.31 Punching Mitts (Leather) Everlast $ 60 $ 60 p.32 Bag Gloves (XL) Everlast $ 76 $ 47 p.32 Sparring Gloves (18az.) Everlast $372 $260 (2 pair) @$186 per pair p,3 Portable Game Stand Everlast $570 $427 Model 7160 (24" Base) p.63 2 Leather Skip Ropes Everlast $ 34 $ 24 Model 4477 (91/2) p,46 @$17 per rope 1 Duralon Skip Rope Everlast $12,60 $ 6 Model 4474 (9 1/2) p,46 Heavy Bag (Tufflan) Everlast $126 $ 96 (14"X42") p.17 Double-Ended Bag Everlast $ 80 $ 60 4220 p,30 Heavy Bag Leather Everlast $500 $320 (14"X42") p,17 Heavy Bag Spring Everlast $ 14 $ 8 Model 4268 p,18 Heavy Bag Chain & Swivel Everlast $ 10 $ 8 Model 4688 p.18 Page 2 Upper Cut Bag Ringside $ 75 $ 56 UB p.40 Boxing Timer Ringside $79 $ 79 WT p,63 2 Ring Buckets Ringside $12 $12 Model RB-1 p.75 Handwelghts (1 pair) Ringside $5 $5 TCG (Pair' p.68 Stairs (1 set) Ringside $130 $65 RS p.58 Scaffolding (2 sets) Cherry Co. $928 $794 (with lock wheels & Scaffolding base plates) Conference Table (48"X96") Office Max $480 $360 Walnut p.140 Double Pellestal Base-for Office Max $235 $176 Conference Table-CFT-550-01- p.140 Mirror Chrome-plated 4 Guest Side Arm Chairs Office Max $1312 $400 @$328 each (Slightly Different- p,45 thinner cushions) Metal Bookcase Office Max $114 $85 4O"h-2 adjustable shelves p,21 1 Wood Table (36"X36'" Could not find $50 $37 Arcade Video Game: Donkey Kong Leading $300 $300 Discontinued Edge Amus. Arcade Video Game: Space Invaders Leading $250 $250 Discontinued Edge Amus, TOTALS: $9,460.50 $6,003 AVERAGE PRICE USED IS 63.4% OF NEW PRICE NOT INCLUDING TAXES OR SHIPPING COST, n " . f- .) c ) -r.;'. ., :;, -./ lJ'i/' ....J !')ooo" -; I "'] r' , .'\J , :Jj". "'1 r,::- l: "'J ,e') I,;) "J}( ) l,.'~ ,. 'F 5;(".1 -, , :rJ 8 .0(-) , . , jrn ~J :'j 'JI '~7 -..: ", ~J') -; - PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (Th,s proal 01 s.,vlce MUS T 8E FILED WIT/I/N I LN (/0) DA YS AF IEflltl",!} 1110 IIDI,eu 0/ ilppUill. CllUe' ilppl,cablu be. os) COMMONWEALTH OF PENNSYLVANIA COUNTY OF __ -- :.. AFFIDAVIT: I hereby SWUM or nllirm Ihall served o u cupy of llle Notice at Appeal, Common PIUilS No ____~_ ______. , llnon lh~ District Justico designnted therein on (datu of sor\llco) ,19_. 0 hy ptH5Llnal ~tH\lICfJ [J hy (cmtlflod) (reglsterod) mail, send or'. recoipt nllnched hereto. and upon the apfJtlllc(I, (flilnlfJ) ____"________ Ion , 10--D by porsonal ser'iICI! 0 uy (CtHII11Hd) (registered) JIlud, sender's receipt u11achod herelo. o nnd further thai I servud tho Aulll to Fllu a Complaml accompoHlymg thu abovu Noticu 01 Appeal upon the appelloe(a) lowhom the Allie was addrossod 011 _, 1 !)_~ 0 by ptlfsonal slHVlce 0 by (cmUlled) (registored) mall. sender's receipt attached hereto SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF_ .19__ S'unatu,' 0' .m,nt S'llrldflHO 01 ofl,c'/JI (.III/ClIO I\ohom dlllll,IV" w,u m,l!Iu Tltlfl01 o",wll MV commIssion tJltPUltS on .19_. 1 '" (\ ~ ~ :~ '\I: "'. r'-' ~~ ~ '.- \.J.....J ~ "". "''';. '--- 4.:. \."\- ,. ,t( '., ., -. ':- \,..~ <J' <.n ~ " , ~ equipment stored lit the Penn Hllrris in tho 1994 time frame, or tho value of that equipment stored lit the facility. By WilY of further response, pllrogrophs 15 through 26 of Defendllnt's New Matter below ore incorporllted by reference as though fully set forth herein. 7. Denied. It is specifically denied thllt the list of equipment noted in Exhibit "A" to Plaintiff's complaint was ever located on the grounds of the Penn Harris Convention Center. In addition, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief os to the truth of the averment that Plaintiff ever owned any of the property that was located on the Penn Harris Convention Center in circa 1994, and therefore said averments are denied and strict proof thereof is demanded at trial. By way of further response, paragraphs 15 through 26 of Defendant's New Matter below are incorporated by reference as though fully set forth herein. 8. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment of paragraph 8 as to the basis of ownership of any property that had been stored by Plaintiff on Penn Harris realty circa 1994, and therefore said averments are denied and strict proof thereof is demanded at trial. .3. 9. Denied, Ailer reasonable investigation Defendants arc without knowledge or information sufficient to form 0 belief os to the truth of the averments of paragraph 9 of the complaint concerning the value of any personal property, therefore said averments arc denied and strict proof thereof is demanded at trial. By way of further response, paragraphs 15 through 26 of Defendant's New Motter below arc incorporated by reference os though fully set forth herein, 10. Denied. The averment of paragraph 10 is a conclusion oflaw to which no responsive pleading is required. To the extent a response is deemed required, it is specifically denied that Defendant wrongfully and without Plaintiff's consent took any property PlointilTpossessed at the Radisson-Penn Harris, By way of further response, paragraphs 15 through 26 of Defendant's New Motter below are incorporated by reference as though fully set forth herein. 11. Denied. The averments of paragraph 11 are conclusions of low to which no responsive pleading is required, To the extent a response is deemed required, Defendant has not retained property of PlaintilT. By way of further response, paragraphs 15 through 26 of Defendant's New Matter below arc incorporated by reference os if fully set forth herein. -4- 12. Admitted in part and denied in part. It is admitted only that the correspondence, a copy of which is attached to Plaintiffs complaint as Exhibit "B", was marked with a date of August 22, 1994, and appeared to be directed to the attention of Dean Bliss, Because the letter dated August 22, 1994 is a written document which speaks for itself, the averments of paragraph 12 which attempt to characterize, summarize or reiterate the express language of the August 22, 1994 correspondence are specifically denied. 13, Denied. The averments of paragraph 13 are conclusions of law to which no responsive pleading is required. To the extent that a response is deemed required, the averments are denied, It is specifically denied that Defendant has wrongfully detained the property or that Defendant has prevented Plaintiff from using the property for other lawful purpose, To the contrary, no such acts have been committed by Defendant, By way of further response, paragraphs 15 through 26 of Defendant's New Matter below are incorporated by reference as though fully set forth. 14. Admitted in part and denied in part. It is admitted that Exhibit "e" is a court order dated January 13, 1999 and signed by the Honorable J, Wesley Oler, Jr. Because the court order is a written document which speaks for itself, the averments of paragraph 14 which attempt to characterize, summarize or reiterate the express .5. 18, On July 1, 1994 Mr, Urban began removing office belongings, and over a two week period removed a whirlpool, boxing ring and other items. 19. Upon completion of removal of the aforcsaid items Mr. Urban informed an employee of the Convention Center that all other items in the Hotel were not his, and that he had no concern over the remaining items. 20, Based on the statements made by Mr. Urban, his failure to respond to previous entreaties and based on the abandonment of the property, the remaining equipment was removed and donated to a local boy's club, 21. During the intervening four years betwecn PIaintifrs filing of its writ of summons and its complaint, Defendant's business entity has been sold, all witnesses having knowledge of the events are no longer associated with the successor business, most witnesses now pursue their livelihood in distant states (including Missouri and Arizona), and other witnesses remain unlocated. In addition, records and documents related to these transactions remain unlocated, As such, PIaintifrs complaint is barred under the theory of laches. 22. 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