Loading...
HomeMy WebLinkAbout01-5660COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. ~/ '~0 NOTICE OF APPEAL Notice is givefl that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. Th~ block will be ~ ONLY ~n th,s' ~ is mqu~md u~ P~ R.C~JP. ~ 'If ~ll~t ~S OLAIMANT (S~ ~. R.O.P.J.P. No. 1~8~ This ~ti~ of A~I, ~n ~ei~d by t~ District Justice, will ~ as a 1001(6) in aoti~ ~f~e Dis~i~t J~ti~e, ~ MU~T ~PERSEDEAS ~ ~e j~m~t ~ ~ssessi~ in ~is case FILE A COMPLAINT within twenty (20) da~ after filing his NOTICE of A~EAL. Sign~ of ~t~y ~ D~ty PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appel/ant was DEFENDANT (son Pa. R.C.P.J.F~ 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 Prothonotary rule upo. .S i_,,,-// , app t--,,Isl, to a c int i. this appea Name of appellee(s) (Common Pleas Nc~ RULE: To ~ ~, r ) within twenty (20) days after./se~ of rule o~ suffer entry of judgment of non pros. / , appellee(s). / (1) You am 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 or by certified or registeeed 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 dale of mailing. COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FiLE COMPLAINT (T p oo .~r ce MU~T B£ FED WI THFV ! EN (1U) DA YS AFTER fi~lng the n~)tice of appeal Chec~f applicable boxes) AFFIDAVIT: horsy swear or affirm trot t served ~ .e :¢ {¢ th,: Notice of Appea, Common P~eas No , upon the District Justice designsted therein on , [-} by personat service [] by (certified) (registered) msil, sender's ecep[stt~} hedhereto s[dupontieappslee (name) · 19 .... [/J by personal service [.~i by (certified) (rog stored) mail, sender's receipt attached hereto ar, d f rth~rthatiservedtheRuiet~F~eaC~r~plar~t~cc~mpanyngtheab~veN~tice~fAppea~up~ntheappel~ee(s)t~wh~m Rue w~,s addressed on , 19 .... ~ by personal service ~ by (ce~ified) (rog stered~ m s d~:' -~cept ttached hereo (AF:RMEE)A~DS; BSCRBED BEFOREME COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist NO: 09-3-03 DJ Name: Hon SUSAN K. D~Y Address: 229 MILL S?REET, BOX 167 MT. HOLLY SPRINGS, PA Te,.pho~e:(717) 486-7672 17065 JOSEPH CARMINATI 929 BURNTHOUSE RD. CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT PLA'NTIFF: CIVIL CASE NAME and ADDRESS ~-WIVELL, SHANE ~ 1101 MYERSTOWN ROAD GARDNERS, PA 17324 VS. DEFENDANT: NAME and ADDRESS FCARMINATI, JOSEPh{ ~ 929 BURNTHOUSE RD. CARLISLE, PA 17013 Docket No.: CV-0000207-01 Date Filed: 7/24/01 THIS IS TO NOTIFY YOU THAT: Judgment: ~-~ Judgment was entered for: (Name) WTV~'r.T._. L~ Judgment was entered against: (Name) in the amount of $ '70R _ Tn on: ] Defendants are jointly and severally liable. ~ Damages will be assessed on: r~ This case dismissed without prejudice. Amount of Judgment Subject to ]Attachment/Act 5 of 1996 $ [] Levy is stayed for days or [] generally stayed. J--~ Objection to levy has been flied and hearing will be held: FOR PLATNTI]~F (Date of Judgment) 9/14/01 (Date & Time)_ Amount of Judgment $ 650.00 Judgment Costs $ 58.50 Interest on Judgment $ o 00 Attorney Fees $ .0~ Total $ 708. 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 THIS//N~E OF JUDGME~ANSC/~T FORM WITH YOUR NOTICE OF APPEAL. My commission expires first Monday of January, 2004 SEAL AOPC 315-99 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag Dist No: 09-3-03 0J Name Hon SUSAN K. DAY Add,~s~ 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA T.I.pho~.:(717) 486-7672 17065 JOSEPH CARMINATI 929 BURNTHOUSE RD. CARLISLE, PA 17013 CIVIL CASE PLAINTIFF: NAME and ADDRESS FCARMINATI, JOSEPH 929 BURNTHOUSE RD. CARLISLE, PA 17013 VS. DEFENDANT: NAME and ADDRESS FWIVELL, SHANE 1101 MYERSTOWN RD. GARDNERS, PA 17324 NOTICE OF JUDGMENT/TRANSCRIPT Docket No.: CV- 0000207- 01 Date Filed: 7/27/01 CROSS COMPLAINT 001 THIS IS TO NOTIFY YOU THAT: Judgment: Judgment was entered for: (Name) Judgment was entered against: (Name) in the amount of $ _nO on: Defendants are jointly and severally liaS'le. Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to [] Attachment/Act 5 of 1996 $ [] Levy is stayed for days or [] generally stayed, ~1 Objection to levy has been filed and hearing will be held: FOR DEFENDANT (Date of Judgment) q/14/01 (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Certified Judgment Total $ .00 $ .00 $ .00 $ .OC $ .OC 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 THIS [~'r~E OF JUDGMENT~ANSC~T FORM WITH YOUR NOTICE OF APPEAL. '~ '//f/~/ Date /..~~~//r~ --n-"~ // , District Justice II certify that this is a true ~/nd correct copy of the recol; of th{proceedings containing the judgment. Date , District Justice My commission expires first Monday of January, 2004 SEAL AOPC 315-99 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 Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~/~. ~ ~.~ ~, ~1~,, ~ ;ss AFFIDAVIT: I hereby swear or affirm that i served ~ copy of the Notice of Appeal, Common Pleas No, ~ / - ~ 0 , upon the District Justice designated therein on (date of service) ¢ ' ~ ~ - O I ~y personal service ~ by (~ertified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (~ame) "~f~ (~ ~, ~ ~ ' , on ~ ~ · - ~ I , 1~ ~ by personal se~ice ~ (ce~ified) (registered) mail, sender's receipt att8ched hereto. ~ and further that I served the R ute to File a Corn plaint accompanying the above Notice of Appeal upon the appellee(s) to whom the RuDe wa~ addressed on ~ ~ ~¢- ,~ . . ~..b~ersonal service ~y (cedi(led) (registered) mai, senders receipt attached hereto --"' / ~ ,' '"' ~ ~ / - SignatUre of affiant NOTARIAL SEAL " JODY S. SMITH, NOTARY PUBLIC Carlisle Bpro, Cumberland County My Commission Expires April 4, 2005 JOSEPH C. CARMINATI, Individually. Plaintiff Vo Shane Wivell, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 01-5660-Civil : :CIVIL DIVISION - LAW Certificate of Service I, Joseph C. Carminati, have personally mailed a copy of the complaint to Shane Wivell, 1101 Myerstown Rd. Gardners, Pa. Respectfully submitted, //"'TO]seph C. Carminati ! JOSEPH C. CARMINATI, Individually. Plaintiff Shane Wivelk Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 01-5660-Civil : :CIVIL DIVISION - LAW COMPLAINT Comes now, Joseph C. Carminati, Plantiff, and states that the defendant has made false statments to try to recive money fi.om me and/or my insurance co. This has caused me to loose work, sleep,money and slanders me with his defamation. I Joseph C. Carminati, ask the Court to order the Defendant to pay Damages to me in the amount of Eight Thousand Dollars Plus all Court and Attorney Fees. Respectfully submitted, //~ Joseph C. Carminati 01HB-00119 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiff Shane Wivell SHANE WIVELL~ (PLAINTIFF) VS. JOSEPH C. CARMINATI, ]N TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5660 CIVIL CIVIL ACTION- LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the plaintiff, Shane Wivell. Date: October 30. 2001 Respectfully submitted, LAW OFFICES OF JACOBS & SABA Attorney for Plaintiff Identification No.58867 0IHB-00119 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiff Shane Wivell SHANE WIVELL~ (PLAI I ) VS. JOSEPH C. CARMINATI, IN TH~ COURT OF COM~ON PLEAS ~ERLAND COUNTY, PENNSYLVANIA No. 01-5660 CML CIVIL ACTION- LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Girard E. Rickards, Esquire, hereby cortifles that he is the attorney for the Plaintiff herein, and that he caused a true and correct copy of Entry 9f Apoearance to be served by regular fn'st class mail upon: Joseph C. Carminati 929 Bumthouse Road Carlisle, PA 17013 Dated: October30.2~l Girard E. Rickards, Esquire Attorney for plaintiff 01HB-00119 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiff Shane Wivell SHANE WIVELL~ (PLiaNt1m VS. JOSEPH C. CARMINATI~ (DEFENDANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-$660 CtVIL CIVIL ACTION- LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BI~N 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 m.~ 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 Comolaint 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 CANNOT AFFORD ONE, GO TO OR T~I.~PHONE TH~ OFFICE SET FORTH BELOW TO FIND OUT WJ-mRE YOU CAN GET LEGAL I-mLp. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 01HB-00119 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiff Shane Wivell SHANE WIVELL~ (PLAINTIFF) VS. JOSEPH C. CARMINATI, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5660 CBr~ CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Shane WiveH, is an adult individual residing at 1101 Myerstown Road, Gardners, Cumberland County, Pennsylvania. 2. Defendant, Joseph C. Carminati, is an adult individual residing at 929 Burnthouse Road, Carlisle, Cumberland County, Pennsylvania. 3. At all times relevant hereto, Plaintiff Shane Wivell was the equitable owner and operator ora 1993 Ford Probe GT, Pennsylvania license DR12272. 4. At all times relevant hereto, Defendant Joseph C. Carminati was operating a 2001 Suzuki sports utility vehicle. 5. On July 8, 2001, Plaintiff Shane Wivell was driving his vehicle on Pennsylvania Route 34 from Mount Holly Springs towards Carlisle in Cumberland County, Pennsylvania. 6. At the above time and place, Defendant Joseph C. Carminati was operating his vehicle behind the Plaint'rff's vehicle. 7. As the Plaint'ffi' approached the intersection of Marsh Drive and Pennsylvania Route 3 4, the Plaintiff signaled his intention to turn lef~ onto Marsh Drive and began to slow his vehicle in order to make the turn. 8. At the same tune and place, the Defendant failed to slow his vehicle and drove his vehicle into the rear of the Plaintiff's vehicle, causing damage as more spec'rfically set forth below. 9. The collision was caused solely by the negligence, carelessness and recklessness of the Defendant in that he: (a) Operated his vehicle at a speed in excess of that which was safe under the conditions; (b) Followed the Plaintiff's vehicle too closely; (c) Failed to be alert and attentive while operating his vehicle; (d) Failed to properly brake his vehicle to avoid colliding with the rear of the Plaintiff's vehicle; (e) Violated the assured clear distance ahead role; and (f) Was otherwise negligent. 10. At all times relevant hereto, Plaintiff Shane Wivell operated his vehicle in a safe, prudent and legal manner. 2 11. As a result of the negligence of the Defendant, as set forth more specifically above, the Plaintiff sustained damages to his vehicle and anticipates the necessity to incur a rental vehicle to have his vehicle repaired. 12. In addition to the damages to the Plaintiff's vehicle, Defendant is liable for the costs for a District Justice action in the amount of $58.50. 13. The amount in controversy does not exceed the compulsory arbitration limit for the Cumberland County Court of Common Pleas. WHEREFORE, Plaintiff Shane Wivell respectfully requests your Honorable Court to enter judgment against Defendant Joseph C. Carminati in an amount less than $25,000.00, plus costs, interest, counsel's fees and such other relief as deemed appropriate by this Honorable Court. Date: 09'tober 30. 2001 Respectfully submitted, Attorney for plaintiff Shane Wivell Identification No. 58867 3 01HB-00119 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiff Shane Wivell SHANE WIVELL, (PLAINTIFF) VS. JOSEPH C. CARMINATI, (DEFENDANT) IN THE COURT OF COMMON PLEAS CUlVmERLAND COUNTY, PENNSYLVAN-sA No. 01-5660 CIVIL At.-rtON- LAW JURY TRIAL DEMANDED VERIFICATION I, Shane Wivell, verify that the statements made in the foregoing Comolaint are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Dated: Shane Wivell (Plaintiff) O1HB-O0119 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiff Shane Wivell SHANE WIVELL~ (PLAINTIFF) VS. JOSEPH C. CARMINATI~ (DE~A~T) IN TH~ COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5660 CIVIL CIVIL ACTION- LAW JURy TRIAL DEMANDED CERTIFICATE OF SERVICE Giraxd E. Rickards, I~quire, hereby certifies that he is the attorney for the Plaintiff herein, and that he caused a true and correct copy of Complaint to be served by regular first class mail upon: ~oseph Carminafi 929 Burnthouse Road Carlisle, PA 17013 Dated: October30.2001 Girard E. Rickards, EsquLre Attorney for plaintiff 01HB-00119 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiff Shane Wivell SHANE WIVELL, (PLAINTIFF) VS. JOSEPH C. CARMINATI~ (OEFE~DANT) IN TH~ COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5660 CIVIL CIVIL ACTION- LAW JURY TRIAL DEMANDED ANSWER OF PLAINTIFF SHANE WIVELL TO COMPLAINT[SIC] OF DEFENDANT JOSEPH C. CARMINATI 1. The allegations of the Defendant's Complaint constitute a conclusion of law to which no response is required. To the extent that a response is deemed required, each and every unintelligible allegation of fact is specifically denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Plaintiff Shane Wivell respectfully requests your Honorable Court to enter judgment in his favor in an amount not in excess of the compulsory arbitration limit, together with court costs and attorney's fees. Date: October 30. 2001 Respectfully submitted, .~~ACOBS & SABA Attorney for Plaintiff Shane Wiv¢ll Identification No. 58867 01HB-00119 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite $03 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiff Shane Wivell SHANE WIVELL~ (PL~axnm VS. JOSEPH C. CARMINATI~ (D~A~T) IN THE COURT OF COMMON PLEAS CUMBERLAND COLqqTY, PENNSYLVANIA No. 01-5660 CIVIL CIVIL AL-I1ON- LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Girard B. Rickards, Esquire, hereby certifies that he is the attorney for the Plaintiff herein, and that he caused a true and correct copy of Answer of plaintiff Shane Wivell t0 Comolaintl'sic] of Defend~ Joseoh C, Carminnfi to he served by regular first class mail upon: Joseph C. Carminati 929 Bumthouse Road Carlisle, PA 17013 Dated: October 30. 2001 01HB-00119 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp ]{ill, PA 17011 Telephone Number: (717) 751-0988 Attorney's for Plaintiffs SHANE WIVELL AND CYNTHIA A. WIVELL, (PLAINTIFFS) VS. · JOSEPH C. CARMINATI~ (DEFENDANT) IN THE COURT OF COMMON PLEAS CUI~ERLAND COUNTY, PENNSYLVANIA No. 01-5660 CML CML ACTION- LAW JURY TRIAL DEMANDED NOTICE YOU HAVE Blq~l 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 Am~ndexl Compl0int and Notice are served by entering a written appearance personally or by attorney and f'ding 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 Amended Complaint or for any other claim or relief requested by thc Plaintiffs. You may lose money or property or other rights important to you. YOU SHOLq_,D TAKE TI-HS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR T~I.~PHONE TI--IE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 01HB-00119 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiffs SHANE WIVELL AND CYNTHIA A. WIVELL, (PLAINTIFFS) VS. JOSEPH C. CARMINATI, (DEFE A T) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5660 CIVIL CIVIL ACTION- LAW JURY TRIAL DEMANDED AMENDED COMPLAINT 1. Plaintiffs, Shane Wivell and Cynthia A. Wivell, are adult individuals residing at 1101 Myerstown Road, Gardners, Cumberland County, Pennsylvania. 2. Defendant, Joseph C. Carminati, is an adult individual residing at 929 Burnthouse Road, Carlisle, Cumberland County, Pennsylvania. 3. At all times relevant hereto, Plaintiff Shane Wivell was the equitable owner and operator of a 1993 Ford Probe GT, Pennsylvania license DR J2272. 4. At all times relevant hereto, Plaintiff Cynthia A. Wivell was the legal owner of the above referenced 1993 Ford Probe GT. 5. At all times relevant hereto, Defendant Joseph C. Carminati was operating a 2001 Suzuki sports utility vehicle. 6. On July 8, 2001, Plaintiff Shane Wivell was driving his vehicle on Pennsylvmaia Route 34 from Mount Holly Springs towards Carlisle in Cumberland County, Pennsylvania. 7. At the above time and place, Defendant Joseph C. Carminati was operating his vehicle behind the Plaintiff's vehicle. 8. As the Plaintiffapproaehed the intersection of Marsh Drive and Pennsylvania Route 34, the Plaintiff signaled his intention to turn left onto Marsh Drive and began to slow his vehicle in order to make the turn. 9. At the same time and place, the Defendant failed to slow his vehicle and drove his vehicle into the rear of the PlaintiWs vehicle, causing damage as more specifically set forth below. 10. The collision was caused solely by the negligence, carelessness and recklessness of the Defendant in that he: (a) Operated his vehicle at a speed in excess of that which was safe under the conditions; (b) Followed the Plaintiff' s vehicle too closely; (c) Failed to be alert and attentive while operafmg his vehicle; (d) Failed to properly brake his vehicle to avoid collid'mg with the rear of the PlainfnT's vehicle; (e) Violated the assured clear distance ahead rule; and (f) Was otherwise negligent. 2 11. At all times relevant hereto, Plaintiff Shane WiveH operated his vehicle in a safe, prudent and legal manner. 12. As a result of the negligence of the Defendant, as set forth more speeificaily above, the Plaintiff susta'med damages to his vehicle and anticipates the necessity to incur a rental vehicle to have his vehicle repaired. 13. In addition to the damages to the Plaintiff's vehicle, Defendant is liable for the costs for a District Justice action in the amount of $58.50. 14. The amount in controversy does not exceed the compulsory arbitration limit for the Cumberland County Court of Common Pleas. WHEREFORE, Plaintiffs Shane Wivell and Cynthia A. Wivell respectfully request your Honorable Court to enter judgment against Defendant Joseph C. Carminati in an amount less than $25,000.00, plus costs, interest, counsel's fees and such other relief as deemed appropriate by this Honorable Court. Date: November 21. 2001 Respectfully subraitted, :LAW~~C~OBS&S ABA Girard E. Rickards, Esquire Attorney for Plaintiffs Shane Wivell and Cynthia A. Wivell Identification No. 58867 01HB-00119 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731=0988 Attorneys for Plaintiffs I SHANE WIVELL AND CYNTHIA Ao WIVELL~ (PLAINTIFFS) VS. JOSEPH C. CARMINATI, (DEFENDANT) IN TH~ COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5660 CIVIL CIVIL ACTION- LAW JURY TRIAL DEMANDED VERIFICATION We, Shane Wivell and Cynthia A. Wivell, verify that the s~tements made in the foregoing Amended Complaint are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of Pa.C.S.A. §4904, rehting to unswom falsification to authorities. ~J Cynthia A. Wivell (Plaintiff) Dated: 11//o/ol Shane WiveH i plaintiff) 01HB-00119 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiffs SHANE WIVELL AND CYNTHIA A. WIVELL~ (PLAINTIFFS) VS. JOSEPH C. CARMINATI, (DEFENDANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5660 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE C_~rard E. Rickards, Esquire, hereby certifies that he is the attorney for the Plaintiffs herein, and that he caused a true and correct copy of Amended Complaint to be served by regular first class mail upon: William P. Douglas, Esquire Douglas, Douglas & Douglas 27 West High Street Carlisle, PA 17013 Dated: November 21. 2001 Cdrard n. Rickards, Esquire Attorney for plaintiffs 01HB-00119 SHANE V~IVELL AND CYNTHIA A. WIVELL, (PL~J~I~FS) ¥S. JOSEPH C. C.~diMLNATI, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5660 CW~L CIVIL ACTION - LAW JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO ~ HONORABLR, THE JUDGES OF ~ SAID COURT: Girard E. Rickards. Esquire , counsel for the Plaintiffs in the above action, respectfully represents that: The above-captioned action is at issue. The claim of the plaintiff in the action is $ N/A (Settled) The counterclaim of the Defendant in this action is $ 8.000.00 The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitraWrs: Girard E. Rickards. Esquire. Attorney for Plaintiffs. and William P. Doughs. Esquire. Attorney for Defendant WHERg. gORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ~COBS Attorney for Plaintiffs Identification No. 58867 & SABA ORDER OF COURT / AND NOW, / ,20D ~_.,, in considerafionpf the attached petition,,~._f.~o4,~ .x~~ , Esquire, ~ ~r,~/~J~n./ , ~qu~, ~d ~~ ~~, , ~u~, ~ ~o~ ~i~mrs ~ ~e a~ve- mpfion~ a~on as pmy~ for. ~ - By~eCou~~ ~ P.J. 01ItB-00119 LAW OFFICES OF JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Plaintiffs SHANE WIVELL AND CYNTHIA A. WIVELL, (PLAiNtIFFS) VS. JOSEPH C. CARMINATI, (BE NOA r) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5660 CIVIL CML ACTION- LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Plaintiffs herein, and that he mused a tree and correct copy of Petition for A_ _opointment of Arbitrators to be served by regular first class mail upon: William P. Douglas, Esquire Douglas, Douglas & Douglas 27 West High Street Carlisle, PA 17013 Dated: Febmat? 8. 2002 Girard E. Riekards, Esquire Attorney for Plaintiffs SHANE WIVELL and, CYNTHIA A. WIVELL, Plaintiffs JOSEPH C. CARMINATI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-5660 CIVIL ORDER AND NOW,?~, ?~ ~ ,2002, it is hereby ORDERED AND DECREED that Susan Confair, Esquire is hereby vacated as an Arbitrator in the above captioned matter and Marylou Matas, Esquire is hereby appointed in her place. BY THE COURT: JOSEPH C. CARMINATI, Individually. Plaintiff Vo Shane Wivell, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 01-5660-Civil : :CIVIL DIVISION - LAW A~NDED COMPLAINT Comes now, Joseph C. Carminati, Plantiff, and states that the defendant has made false statments to try to recive money from me and/or my insurance co.This has caused me to loose work, sleep,money, and slanders me with his defamation. I Joseph C. Carminati, ask the Court to order the Defendant to pay Damages to me in the amount of TWENTY FIVE Thousand and FIFTY Dollars Plus all Court and Attorney Fees. Respectfully submitted, Joseph C. C _arn'finati JOSEPH C. CARM1NATI, Individually. Plaintiff Vo Shane Wivell, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 01-5660-Civil : :CIVIL DIVISION - LAW Certificate of Service I, Joseph C. Carminati, have personally mailed a copy of the ammended complaint to Shane Wivell, 1101 Myerstown Rd. Gardners, Pa. Respectfully submitted, p la, ) In The Court of Common Pleas of C,~mherland County, Pennsylvania ) No. , ) ,) OATH We do sol~"~ty swear (or affirm) chat we will support, obey and defend the Constitution of the United States and ~he~Cons~,~on of ~h,~ Common- wealth ~nd that we will discharEe the du=ie~Y. AWARD We, the undersig~ed arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If d*m~ges for delay are awarded, they shall be applicable.) Date of Hearing: Date of Award: . Arbitrato~ NOTICE OF ENTRY OF .&WARD Arbitrators' compeusation to be paid upon appeal: Now, the /UL~day , ~20o2,, at2:,f~ ~., the above a~rd was entered upon the c and notice ~b. ereof given by ~il ~o ~he parties or ~heir atto~eys. ~' ~ochonoca~ ~ f Deputy 01HB-00119 LAW OFFICES OF JACOBS & SABA 214 Senute Avenue, Suite 503 Camp ]Ifil, PA 17011 Telephone Number: (717) 7:31-0988 Attorneys for Plaintiffs SHANE WIVELL AND CYNTI-HA Ao WIVELL~ (PLAINTIffS) VS. JOSEPH C. CARMINATI~ (DEFENDANT) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV~ No. 01-5660 CIVIL CIVIL ACTION- LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER JUDGMENT AND TO DISCONTINUE TO ~ PROTHONOTARY: Kindly enter judgment in favor of Plaintiffs Shane Wivell and Cynthia Wivell on Defendant's counterclaim in accordance with the arbitration award entered on April 15, 2002. A copy of the arbitration award is attached hereto as Exhibit "A". Additionally, kindly mark the Plaintiffs' claims against Defendant Joseph C. Carminati settled, discontinued and ended. Date: May 31, 2002 LAW OFFICES OF JACOBS & SABA Gh'ard E. Rickards, Hsquire 214 Senate Avenue Suite 503 Camp Hill, PA 17011 Telephone No. (717) 731-0988 Identification No. 58867 (Attorney for Plaintiffs) Exhibit A ) ) ) ) ) In The Cou'~ 'f Common Pleas of - C,--berland County, Pennsylvania No. , We do sol-~ly swear (or affirm) that we will support, obey and defend and the Const~a~o~ of ~i~ Common- wealth al~d that we will discharge the ¢ I /.3~- "~ Chairman ,~WARD We, :he undersi&~aed arbitrators, having been duly appointed and sworn (or affirmed), make the followin$ award: (Note: If dm~ges for dela? are awarded, they shall be applicable.) Date of Eearing:. Date of Award: · Arbitrator~= NOTICE OF ENTRY OF .&WARD Arbitrators' comp. em.sa:ion :o be paid upon appeal: Now, :he /O'!~day ~j of ' , ]~O0~r atj:O'~ , ~., the above award was entered upon the~ocket and aotice ~h--~eof Eiven b~it to ~he parties or their acCo~eys. ~ / ~ Deputy 01HB-00119 LAW OFFICES OF JACOBS & SABA :114 Senate Avenue, Suite 503 Camp Hill, PA 17011 Telephone Number: (717) 7;}1-0988 Attorneys for Plaintiffs SHANE WIVELL AND CYNTHIA A. WIVELL, (PLAiNTIffS) VS. JOSEPH C. CARMINATI~ (OEr~NDA~T) IN THE COURT OF COMMON I~LEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5660 CIVIL CIVIL ACTION- LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Girard It. Rickards, Esquire, hereby certifies that he is the attorney for the Plaintiffs herein, and that he caused a true and correct copy of Praecipe to gnter Jud~raent and to ~ to be served by regular first chss mail upon: Joseph C. Carminati 929 Bumthouse Road Carlisle, PA 17013 Dated: May 31. 2002 Girard Il. Rickardsc-Ksquire Attorney for Plaintiffs