Fighting Back in Small Claims Court

I am not an attorney but I do know my way around small claims court. That is knowledge worth knowing because you never know when you may have to take someone to small claims court to collect money that is owed to you.

On June 11, 2009 I took my 1976 Winter Steeler Coat to the cleaners to be cleaned. The Steelers just won the Superbowl and I wanted to sell my coat on Ebay and make some money. But the following week Model City Cleaners had a fire and I could not contact them to pickup my coat on June 18, 2009. When I finally contacted the cleaners they told me that my coat was sent to Baltimore for cleaning and because of the fire, I should contact them at the end of July. When August came, they told me that it did not come back yet and I should contact them in about two weeks. We played that same game until the end of September.

Finally I said "enough!" I took them to small claims court. Here are the steps that I took in taking Model City Cleaners to court;

1. I made a copy of my pink ticket that they had given me when I put my coat in their care. I did that so that I would have a copy of the original. Over time these receipts start to fade so making a darker copy may help your case in court down the road.

2. Since this is a business, I asked Model City Cleaners for their insurance company so that I can place a claim. If they would have given me their insurance information, I would not have to take them to court. I would just contact their insurance company and settle with them. But for some reason, they thought I was just some uneducated person off the street and would not know how to collect damages that they owed me. They refused to give me the information.

3. Usually the court where the damages occurred must hear the case so it would be wise to know the address of the business or person involved. You can find out where to go by;
A) Calling your Magistrate in your area and asking who should hear your case.
B) Call the Election Department in your county and ask for the Magistrate information for that address.
C) I used the internet and found that the Honorable Raymond F. Shugars is the Magistrate for Penbrook where Model City cleaners resides.
http://www.dauphincounty.org/court-departments/offices-departments/magisterial-district-judges/
D) I clicked on "online forms" then "Magisterial District Online Forms," next I click on "Civil Complaint Form."
http://www.dauphincounty.org/court-departments/offices-departments/magisterial-district-judges/forms/6650/data.pdf

4. I had to fill out the form as best I could. What I did not know, the clerk at the Magistrates office could help. You must know how much you are asking for in damages. In my case, I could prove that a similar coat today cost $100. I paid up front to have my coat cleaned $11.95. So I knew I was out at least $111.95. I printed out the form and took it to the Magistrates office. At the office, she wanted a Judgment Cost fee check of $87.65, made out to the Magistrates Office. This fee will come back to the Plaintiff and paid by the Defendant if the Plaintiff wins the case. The Magistrates Office scheduled the case to be heard by the Magistrate on Oct. 27, 2009. The Constable delivered a summons to Model City Cleaners.

5. I showed up with my receipt and proof of how much a similar coat would cost if I bought it today. I was ready to plead my case in front of the Magistrate. However, the Defendant did not show up. So the Magistrate entered a Judgment for me against Model City Cleaners for $199.60.


6. With this Judgment, I could collect my money by filing a Writ then Executing the Writ if I had to do so. I could go after their cash or equipment. Instead on Nov. 20, 2009, the defendant sent me a cashier’s check for $199.60.

You can follow this example to collect your money from deadbeat friends, business partners, or businesses that give you unsatisfactory service like Model City Cleaners gave me. According to the Dauphin County Pa. Website, "The Magisterial District Judge System in Pennsylvania was created under the 1968 Constitution. It is a system of minor court judges designed to hear cases involving traffic violations, minor criminal matters, disputes between landlords and tenants, and civil cases such as contract matters or injuries with damages claimed up to $8,000. The system also carries initial jurisdiction over all criminal cases, rendering decisions on the issuance of warrants, and finding sufficient justification to send misdemeanor and felony cases to the Courts of Common Pleas for further action."

What you can do to save Harrisburg

In order to pay for education, street repair, police and fire protection, and other things the public needs, we have to pay taxes to pay for them. Here is why people should not complain about paying taxes. If you want the public services, then you have to pay the taxes. But if you don’t pay the taxes, you can loose your property, your personal property, as well as your money.

I have been talking about property taxes for 5 years. The reason why is because communities all over the country have spent themselves into poverty. They believed that they had money just to find themselves in a financial hole 20 years later. I have seen people loose their homes because they could not pay their taxes. I can remember when I moved to Harrisburg. Everyone said the City has money or the Mayor has money. No one would take a look at the financial facts of the City or the School District. Now they have been forced to look and they don’t like what they see.

You all know that I live at 2402 Magnolia Dr. because you see me say it every time you tune into the City Council Meetings on TV20. What many of you don’t know that it cost $430.47 per month in Property Tax to live there. Because of the 6% increase in School Taxes, it will cost $445.89 per month in Property Tax next year. This is the break down of what I pay per year.

City Tax --------$939.50
School Tax----$3,083.31
County Tax -- $1,009.82

The total comes to $5,165.63. This does not include the mandatory Bellevue Park Association Fee of $133 per year. Bellevue Park is an Association. We collect money to pay for things needed for our common grounds such as the up keep for the community center, the lakes, and up keep of the grounds. Add this on and we pay $ 5, 298.63 this year and $5,483.63 next year. Most people cannot pay as I do. As soon as the bill comes, my non-bank - bank cuts a check and sends it to the taxing authority. That saves me 2% per year. If I had to pay the full amount, we would be talking about $ 5,401.9426 and $5,590.6426 next year.

City Tax Payers live in a perfect storm. Any one of the above taxes can be increased at any time. I have not said anything about garbage collection, sewage or water services. They will go up as well over time. The State needs money, the City needs money, and the school district needs money. The Federal Government with its complicated Income Tax System will increase taxes on you without you knowing about it until it is time to file the forms. All this is happening when employers are decreasing incomes or taking away incomes all together. This perfect storm can cause you to go from having money in the bank to being in the street in a matter of months.

What Can We Do About it?

I have put together a plan to refinance the $1.1 Billion Debt that our City and School District owes over 50 to 75 years. I am asking the Federal Government to loan us this money at a 1% interest rate. Our taxes would go toward paying off the debt over time. Over time, inflation would reduce our debt causing us to pay less on this debt as well. Yes, it will mortgage our children’s future but they will not have a future if they our out in the street because the parents can’t pay their taxes.

If you believe as I do that this is the only way out of our financial crises, write or call Senator Bob Casey, 22 S. Third Street, Suite 6A, Harrisburg, PA 17101, Phone: (717) 231-7540, Toll Free: (866) 461-9159, Fax: (717) 231-7542. You may use his web site; http://casey.senate.gov/contact/

You may want to write other leaders like;

President Obama, 1600 Pennsylvania Ave. Washington, D.C. 20500 http://www.whitehouse.gov/contact/; Switchboard: 202-456-1414; FAX: 202-456-2461; Comments: 202-456-1111

Pa. State Senator Jeffrey E. Piccola, Senate District 15, Senate Box 203015, Harrisburg, PA 17120-3015; Phone (717) 787-6801; Email address: jpiccola@pasen.gov

Please tell your friends and neighbors to help!

Sample Letter to Use

Your Name
Address
Phone Number


Dear ___________;

I am writing you concerning the $1.1 billion Debt that City of Harrisburg Tax Payers owe. I support the plan to refinance this debt of $1.1 Billion over 50 to 75 years. Please contact the proper agency in the US Government to make this happen. Thank you for your prompt attention.

Sincerely;


Your Name

Thompson Vs. Mindlin

Winners cheer and losers say deal!

"Winners cheer and losers say deal!," according to the late Bill Burns, who was a local city news anchor on the CBS affiliate in Pittsburgh, Pa., in the 1960s and 1970s. He claimed that people who lost elections always had a good story to tell.

The races between Council President Linda Thompson and Republican Pennsylvania Bar Association lobbyist, Nevin Mindlin gave Harrisburg residents something to talk about for years to come. Penn Live Reporter Laura Vecsey said that Thompson’s 842 vote victory "demonstrate that Thompson will not enter office with a sweeping mandate." That is a good thing because 4 years ago Mayor Reed did enter his last term with a sweeping mandate. That mandate caused the incinerator disaster, City and school district debt of over $1 Billion, and a crack down on citizens who wanted to be heard concerning city issues. The reaction by the public was to support Linda Thompson and defeat the 28 year mayor by 1,000 votes.
　
One person that turned against the mayor was political activist Joyce A. Hamburg of Bellevue Park. Joyce was recruited from Pittsburgh by Reed to work in computer programming for the City’s computer system. He fired her along with 32 other employees using a City layoff as a cover to warn citizens that speaking up against the incinerator project would not be tolerated. She was associated with a person who talked about the bad management of the incinerator. This is just one of the heavy handed tactics that later backfired on him. Mayor Reed soon got an education when one day just before the 2009 primary, he received a letter sent by Ms. Hamburg’s Political Action Committee, outlining everything that his administration had done against the citizens of Harrisburg. Over 9,000 letters went out to the voters of Harrisburg. Many claim that this is just one of the locks that locked the door of Mayor Reed’s public life in Harrisburg. Many of the people who had been the victim of Mayor Reed found themselves active in Linda Thompson’s Primary Campaign and working in her November campaign. The Thompson victory party at the Hilton ballroom was filled with supporters who had an axe to grind with Reed. Therefore, having a mandate would not be in the interest of the people of Harrisburg or to Mayor Thompson.
　
It was reported on TV-21 that the race was closer than the 4,869 to 4,027 vote looks. They claim that for every 6 people that voted for Thompson, 5 voted for Mindlin. That is true but looking at it from a 53.82% Thompson and a 44.61% Mindlin, a 9.21% vote advantage is still a big win.
　
Looking at the Numbers in Detail
　
The numbers show that the vote for the candidates fell along racial lines, not party lines. Linda Thompson had a big advantage in Democratic registration, fund raising, and campaign workers. Nevin Mindlin had the advantage of having anti-Thompson and Reed Team support. These two groups came together as a well oiled political machine. For over 20 years, Mayor Reed’s organization controlled the news media. Reed would put out misleading information about people using the networks and the local newspaper. This would demoralize the anti-Reed voters. Along with getting out more Reed supporters at the poles, Reed would get more votes than his opponent’s. This was the key to him staying in power for 28 years. This is why he was able to place members on City Council and remove them at will.
　
But in this election, many of Thompson’s supporters knew the 28 year old Reed script. Her hardened supporter’s fresh from taking Obama from the Primary to the White House knew that they could win this election. Joyce Hamburg told her committee to be ready for "hard ball" politics last August. She said that "they will start attacking her character just before the election. Be ready to turn the tables on them." Not only did they talk about her personally but they also used racial stereo types to scare White voters into coming to the polls and voting for Mindlin. In the past, Reed supporters said that Thompson was a prostitute on the West Shore, a drug user, and a falling down drunk. They continued this type of slander on Penn Live under their false IDs.
　
Here is just an example of the talk that you would find on Penn Live about Linda Thompson. Blackcrat blogged on Pennlive, "Would you tell me what specifically leads you to believe that she will disadvantage whites and give an unfair advantage to blacks under her administration? I know her and to be honest I just don’t get that hate for white people from her that a lot of you comment about on this forum." There is NO "beauty in politics". Demsbawl said, "Where does she go to get her hair done? Petsmart?" pissinvinegar said, "If Thompson wouldn't have won we would have had Jackson and Sharpton crying foul play." Jameswestfal replied, "I would have expected race riots or something. I mean the only way she could have lost is if it was fixed by the man." pissinvinegar , "yes sir there would have been burnt down buildings and a lot of theft going on. Good thing is, they burn down their own houses most of the time." And to think that it is in this atmosphere that our establish media picked up on these secret bloggers and went after Linda Thompson hoping to demoralize her supporters and trying to crush her spirit. Welcome back to the 1930s!
　
If you watch TV-21, TV-8, and TV-27, you would have seen the people at both the Mindlin and Thompson election day parties. In Mindlin’s camp you had seen all White with maybe a few Blacks. In Thompson’s camp, you had seen Blacks with several Whites. Here are the votes according to precincts along with the poll addresses, and maps of the precinct areas. From this, you would be able to see that the vote for mayor was along racial lines.

http://www.dauphinc.org/vote/ViewPrecinctForm.aspx?select1=MAYOR%20HARRISBURG&select2
Votes by Precinct for Mayor of Harrisburg

http://www.dauphincounty.org/elections%2Dvoter%2Dregistration/polling%2Dinformation/polling%2Dmaps/
Map of Voting Districts in Harrisburg

http://www.dauphincounty.org/elections%2Dvoter%2Dregistration/polling%2Dinformation/harrisburg%2Dlocations/
Voting Locations in Harrisburg
　
The USS Harrisburg
　
No matter who you voted for, the city is sinking in a billion tons of debt. The crew is on deck fighting over who will get the last ounce of Ice Cream. Don’t you think we should work together to save our ship? Mindlin said it best to TV-21 news. He said that for the first time in years, the city will be able to explore more than one vision for the city. The citizens should stop name calling and start working toward a new vision for Harrisburg. That is the direction that the people of this city should take!