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HomeMy WebLinkAbout02-5121COMMONWEALTH Of PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL /~ ~._ ~_ DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ~ ,.~ ~ ~-x~'/~.~ / ~ ~'~,~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the juG~me~ rendered by the District Justice o~ the date and in the case mentioned below. ' 6P.. Ko6 t' cv LT ~ b~ck will ~ ~ ONLY ~n this ~m is mqui~ u~e P~ R~.P.J~. N~ 1008~ ~is ~tice of A~I, w~ ~ei~d by t~ District Jus~e, will ~ as a ~PERSEDEAS ~ ~ j~t ~ ~ssessi~ in this case Signature of Prothonotary or Deputy If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001 (6) in action before D/strict Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAEClPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fon'n to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothoflotory Enter rule upon _ (Common Pleas No Name of ~qc~J~s) . appedlee(s), to file a complaint in this appeol ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To S/gna~ure of a/:~oe,~nt ~- h,s ata:m~, ~ ~gecR (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 of service of this rule upon you by personal service o~ by certified or register'ed mail (2) If you do not file a complaint within this time. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF .......................... ;SS AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Peas No. upon the District Justice designated therein [] (date of service) ---~-~ 'by-~'sor~a~ice [] by (certilied)(registered) mail, sender s rece pt attached h~i~i~ ~r~po-r~'i~e app-"~ei~e i,ame--~" ~,. -.,.-;~. -~ ---~:-- -:,--- ; ~.~,_ .... ~7--= :Tc-:~n,~ E] by personal service LJ oy (cerdrieo) [regis~ereo) mai~, senders rece~p[ aztacneu [] a-~d~fu-iii~er that--'--~-~rved the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ............. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: ~EKLAND 09-3-04 THOMAS A. PLACEY Add ..... 104 S. SPORTING HILL RD. MECHANICSBURG, PA (717) 761-8230 17050 ROBERT D. KLINE R.R.2, BOX 2080 MCCLURE, PA 17841 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FKLINE, ROBERT D ~ R.R.2, BOX 2080 MCCLURE, PA 17841 L ~ VS. DEFENDANT: NAME and ADDRESS ~MITH, MITCH ~ 3812 MARKET ST. CAMP HILL, PA 17011 L ~ Docket No.: CV-0000344-02 Date Filed: 7/09/02 THIS IS TO NOTIFY YOU THAT: Judgment: · Judgment was entered for: (Name) Judgment was entered against: (Name) in the amount of $ . (in on: Defendants are jointly and severally liable. Damages will be assessed on: FOR DEFENDANT KT.TNR: ~OR~T D (Date of Judgment) This case dismissed without prejudice, [~] Amount of Judgment Subject to Attachment/Act 5 of 1996 $. [] Levy is stayed for days or [] generally stayed. r~ Objection to levy has been filed and hearing will be held: (Date & Time) Amount of Judgment $ o 00 Judgment Costs $ o 00 Interest on Judgment $ o 00 Attorney Fees $ .00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $, Certified Judgment Total Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF ~ ~ JUD/~(~ ~l~ ~ORM WITH YOUR NOTICE OF APPEAL. ( O-I ~'- C)~L- Date ~,-.-~'/&~'{'Y/~-/'J"'" ~'/- "---/~ , District Justice I certify that this is a tr~the record of t~ containing the judgment. I ('~-I~"m/"',~).~ate ~ ./_~ ,District Justice My commission expires first Monday of January, 2004 SEAL AOPC 315-99 Robert D. Kline PLAINTIFF Mitch Smith DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. o~-~/a-I ~ NOTICE You have been sued in court. If you wish to defend against the claims set forth on the following pages, you must take action within twenty (20) days aRer 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 fights important 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. COURT ADMINISTRATOR FOURTH FLOOR PHONE 717-240~6200 Robert D. Kline R.R. 2, Box 2080 McClure, PA 17841 Plaintiff pro se 570-658-3448 Robert D. Kline PLAINTIFF Mitch Smith DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 0 JURY TRIAL DEMANDED PLAINTIFF'S COMPLAINT COMES NOW the Plaintiff, Robert D. Kline, pro se who states as follows: 1. Plaimiff, ROBERT D. KLINE, is an adult individual who at all times relevant herein has residence at R.R. 2, Box 2080, McClure, PA 17841 2. Defendant, MITCH SMITH is an adult individual who has residence or office at 3812 Market Street, Camp Hill, PA 17011. 3. On or about January 9, 2002, Plaintiff, at the request of the Defendant, provided certain water treatment consultation to the defendant at his request. 4. After consulting with the defendant, plaintiff offered to send defendant water sample bottle postage paid if defendant agreed to mail it back to the plaintiff for testing. Defendant agreed to the terms. 5. Plaintiff avers that he mailed the bottle to the defendant and that he received it. 6. Plaintiff avers that the defendant never returned said bottle to the plalmiff for testing and has thus breached the contract that the defendant made with the plaintiff 7. On or about April 9, 2002 plalntiffmailed the defendant a bill that erroneously stated that the defendant owed $25.00 for services rendered on or about January 9, 2002, which included the consultation and the water sample bottle. Attached as Exhibit "A" is a copy of the bill. 8. Said bill should have indicated that the defendant owed $75.00 for the services provided by the plaimitE 9. To date defendant has failed or refused to pay the plaintiff any money that he owes for the services that the plaintiff provided him and has thus breached the parol contract for services and supplies provided. 10. The above amoum of money requested is suitable for compulsory arbitration. WHEREFORE, plaintiff demands judgment against defendant in the amount of Seventy-Five Dollars ($75.00) together with costs of this suit and such other relief as the Court may deem appropriate. Respectfully submitted, Robert D. Kline R.R. 2, Box 2080 McClure, PA 17841 Plaintiff pro se 570-658-3448 Water Treatment Service Rob Kline - Water Treatment Specialist III RR 2 Box 2080, McClure~ PA 17841 (570) 658-3448 emall omnirob@ptd.net Name Mitch Smith 3812 Market Street Camp Hill, PA 17011 DATE BILLING DATE 4-9-02 AMT TOTAL OPERATION CHARGE TAX PAID D_.ME 1-9-02 consulation and supplies $25.00 $1.50 $26.50 Thanks $0.00 $26.50 W. Q. A. Certified Specialist III (Water Residential / Commercial / Industrial ~uality VERIFICATION I, Robert D. Kline, Plaintiff, verify that the facts and information set forth in the foregoing "Complaint" are true and correct to the best of my knowledge. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Robert D. Kline 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 the notice of appeal. Ch'eck applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF "-~_~/.~ ,Z .............................. ;SS AFFIDAVIT: I hereby swear or affirm that I served [] a copy of the Notice of ,.Ap~,a!,.~ommon Pleas No, ~...~¢! '~-/~. _._ upon the District Just ce designated therein on (date o,f service) __/f,.~,;~.. ........... , [] by p~rsonal se. rvice ~[ .by (certifi~d)~registered) mail, sender's receip[ attached hereto, aha u'~on the a~De lee, [name~ _ ~¢i(;.~! ....... :.~*': ~. '".'~:>~. [] by personal service I~-by (certifle~-(registere~sender's receipt attached hereto. II and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on mail, sender's receipt attach~l~'~-~i .............................. [] by personal service [] by (certified) (registered SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME u¢ie ol My commission expires on C. Sta~on Young, Nota~ Public M~lure Borough, Coun~ of Snyder My Comm~o~ Expires Sep. 20, 2004 Postage n.J Certified Fee m Return Receipt Fee (Endomement Requi~-~d) r~ r--i Restricted Delivery Fee I-'1 (Endorsement Required) r-1 Total Postage & Fees Return Receipt Fee l-'ll--I~'l Rest doted Delivew Fee ' k~' 2 (Endorse.ent Requi.d) ¢'¢~J ~~"' r~ Postage ru Certified Fee rll Total Postage & Fees i--1 5 I ~s~,..t .~Pi."~;.7'%' ............... :4~'_'"'";-""7-'"~'! .......................... I ~ orPOBoxNe. ~ COMMGNWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUffiCI~L DISTRICT NOTICE OF APPEAL FROM /~ ~. DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ~,~ ~ --~-,/'~ / NOTICE OF APPEAL Notice is givefl that the appellant haS filed in the above Court of Common PMas an appeal from the judgment rendered by the District Justice on the This block will be Signed ONLy when this notofion is required under Po. R.CJ~J?. Nc~ /f ~ll~nt w~s CLAIMANT (see Pa. R.C.P.J.P. No. 10088. 1001 (6) in action before District Justice, he MUST This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possessio~ in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action betore District Justice. IF NOT USED, detach from copy of notice of appeal to be sen/ed upon appellee). PRAECIPE: To Prothonotary , appellee(s), to file a complaint in this appeal Enter rule upon Name o~ appe/~s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. S~natu~e ol appe/~nt or h~s et~omey o~ agenf RULE: To , ~s). ~ ~ ~l~s] (1) You am ~fi~ ~t a ru~ is ~ ~ u~n you ~ file a c~laint in ~is a~ wi~in t~ty (20) days ~t~ t~ da~ of ~v~e of ~is m~ ~ ~ ~ ~1 s~e ~ ~ c~ifi~ ~ ~is~d ~il. (2) ff ~ ~ ~t fi~ a c~aint within this ti~, a JU~NT OF NON P~S ~LL ~ ENTERED AGAINST YOU. (3) ~ ~ of ~vEe of this ru~ ~ ~vEe ~s ~ ~il is ~ ~ of ~ili~ AOPC 312-90 COURT FILE PROOF OF SERVICE' OF NOTICEOF APPE~L~AND RULE-]'~ F~ E~,4~i~;~.~INT' ('This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing t~e notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA AFFIDAVIT: I hereby swear or affirm ~hm ! ~erved ~ a COpy of the Notice of Appeal, Common Pleas No. (~ ~- ~")-j .~ ~7 , upon the District Justice designated therein'~n (date of service) J ('~ / ~'~-~ / ~ ~'~ , [] by p~monal service,~y (cart f ed) (registe ed) mail, sender's - . Y pe onal service cerii ' · · ~ and further that served ~ ,~..,- ....... ' ~---by ( fled) (registered) rnml sender's rec-i the R ~ -,,~nu,. ~o.~-,e a uomplain! aecompanying, the ab;eve Nolice~ ' ' ?, ~'~'''~au'e° nell, te~ !. ule was addressed on Z~ ~ ~ ,~ - - · : '°fAPPea['aPo!~llf"e mail, sender's receipt attached hereto. _ _ , z0_ C') :2., [] by personal service ~ (certified). (registe~l) SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME · -~ - Notarial Seal / Janet M. Deibert, Notary Public Lower Allen Twp. Cumberland County l My Comm ssion Expires Dec. 6, 2004 O CD. --- CC.~._~_,'~NWEALTH OF P~NNSYLVANIA ~OURT OF COMMON PtF. AS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON pLeAS No. / ,,~ ~"-,-~ ~ (~ r/~} / L NOTICE OF APPEAL Notice s ~,ven that the appellant has flied in ~e above Court of Common Pleas an appeal from rne judgment rendered by the District Justice ,o~ the -'~J~t~'~nd 'ih'th~ ~:~ menJi0ned J~Jow.' ' - · , ~, ,Count{y ,.,iead~;w,~ ~ - ZIPCODE F, lizai~e ni :-,m/hah ,m STATE -- CiTY ~LANI ' -t-¢,~ %lest: Shore J-, Flechanic~b';?3, ~~ER RULE TO FI~ COMP~INT AND RULE TO FI~ ('l~$ section of:~orm to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001 (7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotory · to file a complaint in this appeal En~r rule upon .~ ~.. ~ __ ,~:O~TfLsSIOU. Care~i'~otP3BtlDol al%o~lto~(s)i r ~ oS appeJJeeJs), (Common Pleas No. O.Z- fi/.2 ~ ~_ ,~,,'/ ~i~,~-...,,. ) within Iwenty (20) days after sew,ce of rule or suJ~e~-'~,~{~" o} 'judgmem of-eon pros. RULE: To C;reat r'onuniss~°~ Name o~ ~S) (1) You are notified that a rule is hereby entered upon yea to [ile o compJaint in this appeal within twenty {20} (~ys a.ger the dote of service of Ibis rule upon yOu by personal se~'ice or by certified or registered moil. {2) if you do not fib o Coml:~int within this time, a ]UDGA~N'I' O~ NON P~OS W~Lt. BE ENTSRED AGAINSTYOU- (3} The date of service o[this rule if sedco was by moil is the date of m~ilin9. ' 3 __ . ~. ~- Signature-, Date:~ 20 AOPO 312-84 11~ ~)UF~r ~lk~ 25Eh 9~'EO 9]9]00 022E 6602. 2~Eh 99]9]0 'I]'I]00 022E 660~. 7099 3220 0011 0116 4369 7099 3220 0011 0116 4369 -~zo~ Robert D. Kline PLAINTIFF Mitch Smith IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 02-5121 Civil Term FINAL PROOF OF SERVICE · Complete items 1, 2, and 3..Nee com~e item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or ori the front if space permits. Article Addressed to: 2. Article Number ~r~,.~r f~,. s~i~ ~) 7 0 01 114 0 [] Addm~eee Is delivery address different from [] Yes If YES, enter delivery address below: [] No , 3. Service Type [[~'C'~fied Mail [] Express Mail [] Registered [] Return Receipt for Memhandi~e [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 0003 3257 9023 PS Form 3811, August 2001 Domestic Return Receipt 102595-01-M-2509 Created: 11/12/02 10:53:23 AM 10763 1 ROBERT D. KLINE, MITCH SMITH, Plaintiff : : . : : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5121 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant in the above matter. Defendant hereby demands a twelve juror jury trial in the above captioned action. Dated: November 12, 2002 MARTSON DEARDORFF WILLIAMS & OTTO Anthony T. Lucido I.D. No. 76583 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Robert D. Kline R R 2, Box 2080 McClure, PA 17841 MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 12, 2002 F:\FILES\DATAFILE\Gendoccur\I0763 pra 2/tde Created: 11/12/02 10:53:23AM Revised: 12/03/02 02:23:I5 PM 107631 ROBERT D. KLINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 02-5121 - C1VILACTION-LAW : MITCH SMITH, : Defendant : JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO ENTER JUDGMENT OF NON PROS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter judgment of non pros against Plaintiff Robert D. Kline for failure to file a Complaint in the above referenced action. Defendant hereby certifies that a copy of the ten day notice of default required under Pa. R.C.P. 237.1 was mailed to the Plaintiff, Robert D. Kline, on November 12, 2002, via certified mail. A copy of the Notice is attached hereto. Dated: December 3, 2002 MARTSON DEARDORFF WILLIAMS & OTTO By ~ Anthony T. Lucido, Esquire I.D. No. 76583 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant ROBERT D. KLINE, : IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA : V. · NO. 02-5121 CIVIL ACTION-LAW : : Defendant : JURY TRIAL OF TWELVE DEMANDED MR. ROBERT D. KLINE, R R 2, BOX 2080, MCCLURE, PA 17841 MITCH SMITH, TO: IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Dated: November 12, 2002 MARTSON DEARDORFF WILLIAMS & OTTO Anthony T. L~c'~ I. D. Number 76583 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Important Notice was served this date by depositing same in the Post Office at Carlisle, PA, certified mail, postage prepaid, addressed as follows: Mr. Robert D. Kline R R 2, Box 2080 McClure, PA 17841 MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost ff Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 12, 2002 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Robert D. Kline R R 2, Box 2080 McClure, PA 17841 MARTSON DEARDORFF WILLIAMS & OTTO D. Eckenroad -/ ' ~ - Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 3, 2002 FAFiLESkDATAFILE\Gendoc.cur\10763-1.pra3/cny Created: 01/03t03 09:03:21AM Revised: 01/03/03 09:12:16 AM 107631 ROBERT D. KLINE, Vo MITCH SMITH, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5121 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw the default judgment in the above-referenced matter. MARTSON DEARDORFF WILLIAMS & OTTO Anthony T. Lucido, Esquire I. D. Number 76583 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: January 3, 2003 Attorneys for Defendant CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Robert D. Kline R R 2, Box 2080 McClure, PA 17841 MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost Ten Hast High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 3, 2003 ROBERT D. KLINE, MITCH SMITH, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5121 Civil Term DEFENDANT'S ANSWER Comes now the Defendant, Mitch Smith, by his counsel, Martson, Deardorff, Williams & Otto, who states as follows: 1. Admitted. 2. Defendant is an adult individual who maintains his business office at 3812 Market Street, Camp Hill, PA 17011. Denied. Defendant did not request said consultation and Plaintiff did not provide it. 4. Denied. Plaintiff made available to Defendant a water sample bottle, and said to Defendant that he (Plaintiff) would analyze a sample at no cost. Plaintiff said that he would then discuss his analysis with Defendant. Defendant denies that he agreed to mail the sample back to Plaintiff for testing or that any terms were agreed upon by Plaintiff and Defendant. 5. Denied. Plaintiff handed Defendant a bottle at a Club meeting. 6. Denied. Defendant discarded the bottle, but in that no contract existed at any time between Plaintiff and Defendant, Defendant was not in breach in doing so. 7. Denied. Defendant discarded Plaintiff's bill for Defendant owed nothing to Plaintiff in that Plaintiff performed no services whatsoever for Defendant. 8. Defendant is without knowledge as to what Plaintiff's unwarranted bill for $25.00 should have indicated, but denies that Plaintiff provided any services to Defendant. 9. Defendant has paid nothing to Plaintiff, but has breached no parol contract for services and supplies provided. 10. The allegation is a conclusion of law and requires no answer. WHEREFORE, Defendant requests that Plaintiffs Complaint be dismissed with prejudice and that costs be awarded to Defendant. Dated: -Deeembcr .... r3003 3anuary 7, 2003 MARTSON DEARDORRF WILLIAMS & OTTO By Anthony Lucido, Esquire Attorney I.D. ?& 58 :~ 10 East High Street Carlisle, PA 17013 Ph: (717) 243-3341 Fax: (717) 243-1850 Attorneys for Defendant, Mitch Smith VERIFICATION I, MITCHELL S. SMITH, hereby certify that the facts in the foregoing Answer are true and correct to the best of my knowledge, information and belief, and further state that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: January ff_~__~, 2003 / MITCHELLtS' SMITH ' - F:\FILES~DATAFILE\Gendoc.cur\ 10763 - I .certl/cny Created: 1/7/03 1:32:54 PM Revised: I/7/03 1:37:07 PM 10763.1 CERTIFICATE OF SERVICE I, Christina N. Yost, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Defendant's Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Robert D. Kline R.R. 2, Box 2080 McClure, PA 17841 MARTSON DEARDORFF WILLIAMS & OTTO Christina N. Yost Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 7, 2003