HomeMy WebLinkAbout00-04342
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CARROL A. SHIRVINSKY, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,
PENN$YL VANIA
vs. NO. 2000-4342
LET'S MOVE IT, INC. CIVIL ACTION-lAW
Defendant
ANSWER TO COUNTERCLAIM
AND NOW, this Z2f1J6ay of August, 2000, comes Arthur K.
Oils, Esquire, Attorney for Carrol A. Shirvinsky and presents the
following answer to counterclaim and reply to new matter.
17. Paragraph seventeen (17) of counterclaim is denied. It is
denied that 'fom Hoover made the agreement. The Plain1iff, Carrol A.
Shlrvinsky, spoke with and' agreed with Mark Eager for the
arrangements involving the move. The agreement between Plaintiff
and Defendant was for $20.00 per man hour and the rental of the
pads.
18. Proof is demanded for the allegations in Paragraph 18. As for
the record. keepiflg for the hours and tM other calculations averred
are in the control of the Defendant and Plaintiff has no access to
same.
19. Proof is demanded for these allegations, as the process of
calculating the bill is within the exclusive knowledge and control of the
Defendant.
20. Paragraph twenty (20) of counterclaim is denied. It is denied the
Defendant is entitled to any additional payment.
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WHEREFORE, the Plaintiff prays that the counterclaim filed
against her be dismissed.
REPLY TO NEW MA ITER
14. Paragraph fourteen (14) under the Heading New Matter is
denied. It is denied Tom Hoover entered into any contract and that
the Plaintiff was an undis.clased principal. Tom Hoover did sign a
document but did not inspect the furniture; and he had no authority to
do so.
15. It is denied that Tom Hoover inspected the furniture and found
no exceptions.
16. It is denied Tom Hoover was an agent and had any authority to
act on behalf of Plaintiff.
WHEREFORE, the Plaintiff prays your Honorable Court not
consider the allegations under heading New Matter as a defense to
Plaintiff's claims.
Respectfully submitted:
BY.
rthur K. '15, squire
1017 North Front Street
Harrisburg, PA 17102
(717) 232-9724
1.0. No. 07056
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CERTIFICATE OF SERVICE
I, Arthur K. Dils, Esquire hereby certify that a true and correct copy of the
within Answer to Complaint and Reply to New Matter has been served upon the
following individual by d~~siting a copy of the same in the United States Mail, First
Class Mail, on the 2lJiIaY of August, 2000 to the following address:
Thomas E. Flower, Esquire
11 East High Street
Carlisle, P A. 17013
BY:
Arthur K. Dils, Esquire
1017 North Front Street
Harrisburg, PA 17102
(717) 232-9724
I.D. No. 07056
Date: August 22, 2000
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VERIFICATION
I verify that the statements made in this Answer to Counterclaim and
Reply to New Matter
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 unsworn falsification to
authorities.
Carrol A.
Date: /7-~;2---6'CJ
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CARROL A. SHIRVlNSKY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
YS.
No. 2000-4342
LET'S MOVE IT, INC.,
Defendant
CIVIL ACTION - LAW
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 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 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 TELEPHONE THE OFFICE SET FORTH BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A. 17013
(717) 249-3166
1-800-990-9108
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Carrol A. Shirvinsky.
Plaintiff
VS.
In The Court of Common Pleas
Cumberland County ,PennsylVania
No. 4342 ~ 2000
CIVil Action Law
Let's Move It, Inc.,
Defendant
COMPLAINT
ANONOW, this J 1/4ay of July, 2000, comes Arthur K.Dils,
Esquire, Attorney for Carrol A. Shirvinsky and presents the foRewing
complaint:
1. The Plaintiff above named Carrol A. Shirvinsky, is an adult
individual, who currently resides at 103 June Drive, Camp Hill,
PennsYlvania 17011.
2. The Defendant, L.et's Move It, Inc., is a Pennsylvania
Corporation incorporated under the laws of the Commonwealth of
Pennsylvania with its principal place of business at 401 East Louther
Street, Carl/sle, Pennsylvania 17013.
3. On July 23, 1999, the Plaintiff, Carrol ,tCShirvinsky, entered
Into an agreement with Craig SCbitting, President of Let's Move It, Inc.
to move furniture and personal Items.
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4. Said contract was verbal. The total charge for the moving was
$390.00, which Plaintiff paid to Defendant, through her friend, Tom
Hoover.
5. The Defendant moved ten rooms of furniture from 445 Devon
Road. Camp Hill, Pennsyhlania to 103 June Drive, Camp HiD,
Pennsylvania, a distance of about 1112 miles.
6. The Plaintiff was aware of the nature of her furniture and
personal items before the move.
7. After the move, the Plaintiff observed damage to her furniture
8ndpersonal belongings as follows:
(a). Antique Dining Room Hutch - Section of molding was
broken off front door.
(b). Pearson Sofa - Leg broken off.
(e). T.V. - Two casters broken off.
(d). Six Antique Dining Room Chairs. Various scratches,
gouges, dents, finish Is damaged.
(9). O'Sullivan Computer Desk Unit.., Particle board damaged
around bottom of unit.
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(1). Antique Wittacomb Mahogany Dre$ser ~ VeneEir chipped
off around upper right drawer approximately 2~4 inches long.
Bottom draweris dented in.
(g). Walnut Dining Room Sideboard - Dents and scratches on
front right leg and, scratches on bottom shelf.
(h). Mahogany Lamptabte - Top of entire table has various
scratches.
0). Wooden Bench - Chipped on right side.
(j). Antique White Rocker - Arm rest is chipped.
(~). Queen Bed with Curved Footboard - Molding missing and
scratched along front 01 headboard.
(I). Solid Brass Fireplace 100ts - "PQker" was lost.
8. Some damage wasn't observed at first since Plaintiff was
coordinating with the worker's as to where to place the furniture and
where to place all the boxes of personal Items.
9. After the move was completed, some of the artiCles were
placed in a storage area in the basernentof the. Plaintiff's new
residence. When thePlaintiffnoticad that some of her furniture and
personal Items had been damaged, she brOUght this to the-attention
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of the Oefendant, and then more closely inspected all of the furniture
and Items that had been moved, and found additional damage.
10. The damage .to the above itemized furniture and personal
belongings was caused by the Defendant's agents, servants, work
men and employees, durlngtheir course of employment and acting
within the scope of their authority and at the direction of the
Defendant in that they physicaltymoved the furniture and personal
Items from the Plaintiff's old residence toO her new residence pursuant
to the contract entered into between the Plaintiff and the Defendant.
11. The damage to the furniture and items set forth above was
caused by the negligence of said Defendant's workmen as follows:
(a) The work men did not exercise due and reasonable
care under the circumstances to see to It that the furniture and
personal Items were notdam8ged or lost;
(b) The workmen failed to protect the property from
damage by faDing to utilize protective coverings;
(c) The work menfaUed to place the Items In the moving
van In such a manner that they would not shift and cause damage to
the items;
(d) The work men faitedto make certain that the furniture
and other items did not come in contact with objects that would
break,damage, scratch and destroy them;
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(e) The Defendant failed to supervise, instruct and control
the servants and work men to insure that the fumiture would not be
damaged in the moving.
12. At the end Of the move,agents for the Defendant prOduCed a
writlen document and requested that Tom Hoover sign the same
indiCating that there was no damage to the furniture. TomHoover
did not inspect the fumiture, and believed, at the time, that it was
proper to sign the document. as he had not observed any damage
during the move.
13. Some of the furniture that was damaged waS antique and not
easy to duplicate.
14. The Plaintiff Obtained services of a furniture restOration
epmpany. After viewing the damage, the restoratiOn company
Indicated that the reasonable cost to repair the furniture and other
expense was $3.840.61, said damages were the proximate result of
the Defendant's negligence. The articles were not damaged prior to
the move and the damages were Observed after the move and w~e
Incurred by the move and me actions of the Defendant.
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WHEREFORE, The Plaintiff demands
judgment against the Defendant in the amount of $3,840.61 plus
interest andeostof suit,requiring referral to Board of Arbitration.
submitted:
/iM
BY:
ArthurKDUs,Esquire
1017 North FrontStrset
HarrisbUrg,PA. 17102
(717) 232":9724
1.0. No. 07056
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VERIFICA TION
I verify that the statements made in this Complaint
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 unsworn falsification to
authorities.
Dat~J,. /J, ~ ."
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Carrol A. Shirvinsky ;f
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CERTIFICATE OF SERVICE
I, Arthur K. Dils, Esquire hereby certify that a true and correct copy of the
within Complaint has been served upon the following individual by depositing a
copy of the same in the United States Mail, First Class Mail, on the / yday of July,
2000 to the following address:
Thomas E. Flower, Esquire
11 East High Street
Carlisle, P A. 17013
BY:
Arthur K. Dils, Esquire
1017 North Front Street
Harrisburg, PA 17102
(717) 232-9724
J.D. No. 07056
Date: July 14,2000
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LAw OFFICES
BALL, MURREN & CONNELL
2303 MARKET STREET
CAMP HILL. PENNSYLVANIA 17011
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PHILIP J. MURREN
RICHARD E. CONNELL
MAURA K. QUINLAN
TERESA R. McCORMACK
THOMAS A. CAPPER
(717) 232-8731
FACSIMILE (717) 232-2142
WII..LIAM BENTLEY BALL
(1916-1999)
MAILING ADDRESS:
P.O. BOX 1108
liARRISBURG. PENNSYLVANIA 17108-1108
January 26, 2001
Michael L. Bangs, Esquire
302 South 18th Street
Camp Hill, PA 17011
RE: Carol A. Shirvinsky vs. Let's Move It, Inc.
Dear Michael:
,
,
Enclosed is the signed Award of Arbitrators for your handling.
Very truly yours,
~~~
Thomas A. Capper
TAC/hmp
Enclosure
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COMltlpfllWUUH OF PENNSYLVANIA,
COURT OF COMMO,. PLEAS
NOTICE OF APPEAL
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
CUMBERLAND COUNTY
COM!"'ON PLEAS No. :t0cc>- 'T3 Y:2
NOTICE OF A~PEAL J4nllt :l~. ~.oU()
Notice is given that the appellant has filed in the abave Caurt af Camman Pleas an appeal from the judgment rendefE!d by the District Justice an the
date and in the case mentianed.bel"""
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LET'S MOVE IT, INC.
MAG. D15T. NQ OR NAME Of OJ.
Og..1!-02
NAME OF APPELLANT
ADDRESS OF APPELLANT OTY STATE
401 East Louther Street Carlisle J;'ennsylvanici
DATE OF JUOGMENT !NTH CASEOF(Plaintiff) (Defendant)
5/30/00 SIlIRVINSKY, CARROL A. vs. LET'S MOVE IT, INC.
QAlMNQ CV ~~ xxxxxxnXxx 0000116-00 ~". ORH~O(\f:.~ ,,~
LT.19 '~~
This black will be sigriea ONLY vihen this notatian is required under Pc. R.c.P.),P. No.
100~ ...
This Notice of Appeal. when received by the District Justice. will operate. as a
SUPERSEDEAS taith,f judgfnOntfor' possession in this case.
ZIP CODE
17013
Signature of Prothonotary or Deputy
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. ,If appellant was CLAIMANT (see. PfJ. R.CP.JP. No.
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'1001(6) in action before District Justice, he MUST
'FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
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PRAECIPE TO ENTER RULE TO FILE COMPLAI.....T AND RULE TO FILE
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(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. HC.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 Prothonotary
Enter rule upon
CARROL A.
SHIRVINSKY
Name of appeJiee(s)
) within twenty (20) days. after. service ofrule or suffer entry ofjudgmem.of non pros.
~
Signature of appellant or his attorney or agent
, appeRee(s). ta file a complaint in this appeal
(Comman Pleas No. :ZOon-lt342.
RULE: To
CARROL A. SHIRVINSKY
Name of appellee(s)
, appellee(s).
(1) You are notified that" rule is hereby entered upon you ta 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 registered 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.
Date: JU~ :l7, ,~;toOe> .,f~ /lJj -4~~yOl~
ICPC 312--84
COURT fiLE TO BE fiLED WITh PROTHONOTARY
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PROOF.OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUSrBE FILED WITHIN TEN (10) DA YS AFTER filing fhe nofice of appeal. Ctieck applicable boxes)
COMMONWE~L TH OF PENNSYLVANIA
COUNTY IJF ; ss
AFFI DAVIT: I hereby swear or affirm that I served
D a copy of theNbticeoiApp'!i'I,'Cdmrllom'PteasNo. ,upon theDI~tri6tJul;iICedesignated therein on
(date of service) ,19_. D by p\,rsonalservice D by (certiliedr(r,egislered)m~H,sender's
receipt attached hereto, and upon the appellee, (name) . , ,. .',. ,. "on
,19 n by personal service D by (certified) (registered) m~il,8ender's re<;,eiR!,attach\,d h~ret9.
D and further that I served the Rule to File a Complaint accompanying the above Notice of Appeat,_l.!pon,~t1_e,a~pelle'~{SJ:towhom
the Rule was addressed on , 19~ D by personal service D by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF ,19_
Signature,o(affiant
Signature of official before whom affidavit was made
Title of official
My commrssi0n eJ;(pi~s- on
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Cp~MONWEAL TH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-1-02
NOTICE OF JUDGMENT/TRAN~CRIPT
PLAINTIFF' CIWIL CASE ;)..00()- 3....~
. NAME and ADDRESS
lsHIRVINSKY, CARROL A I
103 JUNE DR
CAMP HILL, PA 17011
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Mag. DistNo.:
OJ Name: Hon.
Address:
ROBERT V. MANLOVE
1901 STATE STREET
CAMP HILL, PA
VS.
T"'phoo" (717) 761-0583 17011-0000
DEFENDANT: NAME and ADDRESS
'LETS MOVE IT, INC.
401 E LOUTHER ST
SUITE 203
~LISLE, FA 17013
Docket No.: CV- 0000116 - 00
Date Filed: 4/03/00
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ROBERT V. MANLOVE
1901 STATE STREET
CAMP HILL, PA 17011-0000
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THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PT.AINTTFF
[i] Judgment was entered for: (Name) !Hl"TRVT1\T!'llrV. f'l>.RROT. l>.
[i] Judgment was entered against (Name) ToRT!'! MOVR TT. T1\T~
in the amount of $
2, nc;c; c;n on:
(Date of Judgment)
C;!1n/nn
o Defendants are jointly and severally liable.
o Damages will be assessed on:
(Date & Time)
O Amount of Judgment Subject to
AttachmenVAct 5 of 1996 $
Amount of Judgment $ 2,000.00
Judgment Costs $ 55.50
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 2,055.50
Post Judgment Credits $
Post Judgment Costs $
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Certified Judgment Total $
o This case dismissed without prejudice.
o Levy is stayed for
days or 0 generally stayed.
o Objection to levy has been flied and hearing will be held:
Date:
Place:
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYSA-FTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF_ AP~EA wlXwfHE PROTHO.. N. 9JAR.Y.../f?LE ~.R.K O~}r. COURT OF COMMON PLEAS, .CIV. IL D.IVISION. YOU .
!J~ u6t"A COpy OF Trf~2~~: ~ TlTRANSCRIPT FORM WIT~:-~~UR NOTICE OF APPEAL.
Date If) ae;;c.-.; t %', / .,", " . DistrictJustice
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IS is a true a;c~~~:;~~; Of..~~,,;e.c . f the proceedings ~~tfning t~e judgment.
Date {/t?, l:Ji{ ';-W;... '- ^ . District Justice
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'^h'..SEAL
My commission expires first Monday of January,
2006
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COMMONWEALTH OF PENNSYLVANIA . , j
COURT OF COMMON PLEAS
i:NOTICE Or.,APl!!.fAL
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
CUMBEIlLAND COUNTY
COMMON PLEAS No. :20(X)-'''(3'y;;(
NOTICE OF APPEAL JL.r>e ~7, ~OO()
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Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendere~ by the District Justice on the
dale and in the caSe mentioned belOVo<
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MAG. DIST, NO OR NA,M 6F OJ.'
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NAME 0 APPELLA
Y!J."$ .MQVl!:ll'.",IlIlC..
ADDRESS OF APPEllANT
401 East Louther Street
CITY
STAlE
ZIP CODE
ClAIM N
PeDaSl.'l~'i'
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vs. 'u:T'S'~'a~'ntc:"
SIGNATURE OF APPEU.ANT ORI:fl5 ~TIP~NEY OR !A~~,,,, ,_: ,_", ie' '"' -"J~.
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'~~~~~ck willhe. signedON~V,,~Mhj..,qqtoli~i~ re9!,Ji~g''!~~e.r PClR.C.P JP, .~~ . 'If @Pe}/ant ,~~: ~t'NMANT..( se~ f'<j. R.CP.JP. No.
Thi, 'Notice of AppeCll. when ~cei";;d' b~.'tn. 'Di~frict Ju'Hce;' willio~~role os a 'tOO 1 (6) ili'aCtion /Jefoi-f),Di5ltt~Justice, he MUST
SUPERSEDEAS to the judgmeillfor possession in thisco,e; FltE 1'1 COMPL:A1NT'wiihin'tWehty (201 days after
'. ,',.. fili~ghis NOTlC~'6iA'PPEAL.;
Signature of Prothonotary or Deputy
) ':U'J~\~~I~~~~~vU[~TO FILE COMP~~~!<ANDI!c4~~ljP:I'I~K,
(This section dfform to be used ONLY when appellant was DEFENDANT (see Pa. RC.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be seNed upon appellee). ) ~ ' ,.'"'
PRAECIPE: To Prothoilotory 'iO' ,.,,'.
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, oppellee(l};tot.le' c:i <omF!IQintit;~hi~~,*,eal
CarUsle
17&13
5/30/00
IN THE CASE OF (Plaintiff)
SRlmnNSla', CAl!!lIOL A.
DATE OF JUDGMENT
Enter rule upon
CllR80L A. SHIRVINSKY
Name of appe/Iee(S)
(Common Pleas No.
;2.000-~342..
IlJlLE: To
CA'RllDL A. SHIRVINSKY
Name of appeJJee(s)
) within twenty (20) doy,ofteu....vice of rule. Of suffeteillryof'jodgment o,,"on'~
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, Signature dtlappfilJ8iIil tithis' attorney or agent
. ,,,;,"" I ' ".,r:~.:n
. appellee(s).
, ~t "_ :~, '':"' - ,> y.
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, '. (l} Vou ore notified lhat 0 rule is hereby entered upon you 10 file 0 complaiill in thi, appeal within twenly (20} days qfter the dale of .
;t service of this rule upon you by personal' service or by certified or registered mail. r.\ :::~~
DOte: Ja~;J. 7,
,
(2) If you do not file 0 complainl withinthi, time. a JUDGMENT.OF NON PROS WILL BE ENTERED ~~T v6\).
':v,'"
(3) The dole of service' of Ihis rule if ,....vice was by mail is Ihe dole of moiling. ~ 12 ,.' 'ii', .
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~4grlature' of~ or Deputy
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PDPC31Z-84
COURT FILE
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(This proof otservice MlffstBEFILED WfTHiN TEN (IO) DA YS AFTER filing the notic.e.'bfappeill,. Check applicable boxes)
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COMMONW~l'.qH OF PENNSYbVI'./!!,I",i:
COUNTY elF CUM~t~L
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AFFIDAVIT: 11:",reby'swearorllffirm'lhall served
~ copy of the NOliceofAppeal, Corhfnoc Pleas No.Jooo - 431!f:z. · ,up6nth~Di~tfib .lOSfiCe'd~si~nated lherein on
> (d?teof servi<eJ".l,:",^ed-J-1. . ,~CO,' .' ,0 by eersonalsefviGe~y(certified}l~..i&dlm~il,senqJ'lr's
, re"eiplatta';hJ~\hetelo, and'bpahihe appellee, (name)' l'iiiJt.'leol2" A.'~I/))(iJI~id$I<'(' '. ,'," , "-,~. , on,
". , ,E}:' i,"~~-q;, .,~j)pO. n bY, personal servise [l}:6y (c~(jilj~d)(""lili~t,~.\J~)dmaH, ~~,nd~(~reSe,iPJj~tta,c~~.q~ei-et9' ,
" ,', iaQqtUr:lh'er:lh~H.se(Ved lhe Hule,!oFile,a Complainl accompanyi ng lhe,abo.ve NO,lice.of I\ppeal,~ponlhe.appeit""e~S)IQ whom'
, the Rule ,"(gsaqdresseq on. tk.~ .:17 ,~O 0 by personal service ~ (certified) (rosislered)
mai I, sen'd~r'~' 'rec~'ipt- attach~d hereto.
SWOBN,(AfFiRMEO) ANOSUBSCRIBtD BEFORE ME..
THIS ;)7+h oAY'8Fil(j\_me . .~tX::XJ
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CAROL A. SHIRVINSKY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
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CIVIL ACTION - LAW
NO. 2000 - 4342 CIVIL TERM
LET'S MOVE IT, INC.,
Defendant
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 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 th~ Plaintiff. You may lose money or property or other rights important to you.
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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 Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
FLOWER, FLOWER & LINDSAY, P.C.
Attorneys for Defendant
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\. Thomas E. Flo r, Esquire
\, 11 East H ig h Street
Carlisle, PA 17013
(717) 243-5513
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 4342- 2000
CIVIL ACTION
LET'S MOVE IT, INC.,
Defendant
DEFENDANT'S ANSWER
AND now, this_ 1ft day of ~()A.rt J /J-j , 2000, comes the Defendant, by his attorney,
Thomas E. Flower, and avers that he has a full, just and complete defense to the Plaintiff's claim
whereof the following is a statement:
1. Paragraphs 1 and 2 of Plaintiff's Complaint are admitted.
2. The Defendant denies the averment in Paragraph 3 that, on July 23, 1999, Plaintiff entered into
an agreement with Craig Schilling to move furniture and other items; but, on the contrary, asserts
that Tom Hoover, on June 29,1999, entered into the contract at issue with Defendant, Let's Move It,
Inc., through its operations manager, Mark Eager. Plaintiff was made a party to that contract, as
undisclosed principal.
contrary, asserts that the terms of the contract called for $20.00 per man per hour, including travel
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3. Paragraph 4 is admitted in part and denied in part as follows: Defendant admits that said contract
was verbal (oral). Defendant denies that the total charge for the moving was $390.00; but, on the
time, plus the rental of three dozen moving pads at a cost of $5.00 per dozen; that three men
worked 10.25 hours, traveled one hour (from Carlisle to Camp Hill, and back); that $15.00 for rental
of three dozen moving pads was stipulated in advance; and that the proper charge under these .
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agreed terms was $715.00. Defendant admits that its workman asked for only $390.00 at the
conclusion of the job, but asserts that said workman arrived at this amount by mistake resulting from
a multiplication error. Defendant admits that Tom Hoover paid $390.00, but lacks sufficient
knowledge or information to form a belief as to whether Plaintiff provided the funds for Tom Hoover's
payment.
4. Defendant denies the averment in Paragraph 5 that Defendant moved furniture from 445 Devon
Road to 103 June Drive, Camp Hill; but, on the contrary, asserts that Defendant's workers removed
the furniture from 445 Devon Road and loaded it onto a truck provided by Tom Hoover (or possibly
by Plaintiff); that Tom Hoover then drove the loaded truck, as agreed, to 103 June Drive; and that
Defendant's workers then unloaded the truck and moved the furniture into the house at 103 June
Drive.
5. Defendant lacks knowledge or information sufficient to form a belief as to the averment in
Paragraph 6 that Plaintiff was aware of the nature of her furniture (or knew what condition it was in)
before the move, and therefore denies the same.
6. Defendant lacks knowledge or information sufficient to form a belief as to the averments in
Paragraph 7(a) - (I) that Plaintiff observed damage to her furniture and belongings as therein
claimed, and therefore denies the same.
7. Defendant lacks knowledge or information sufficient to form a belief as to the averment in
Paragraph 8 that there was any damage to be observed (and whether such damage, if any, pre-
existed the move) and therefore denies the same.
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8. Paragraph 9 is admitted in part and denied in part as follows: Defendant lacks knowledge or
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information sufficient to form a belief as to whether any of Plaintiffs furniture or personal items were
damaged (arid whether such damage, if any, pre-existed the move) and therefore denies the same.
Defendant admits that Plaintiff called Defendant's office on August 3, 1999, 11 days after the move,
to complain of damage to her furniture; that Plaintiff later complained of finding additional damage,
which she also attributed to Defendant, and which by December 1, 1999, she assessed at
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$1,603.20; and that, by July 15, 2000, Plaintiff complained of finding further additional damage,
which she also attributed to Defendant, and which she now assesses at $3,840.61.
9. Defendant denies the averment in Paragraph 10 that its workmen caused the claimed damage,
if any, to the itemized furniture, and Defendant denies that its workmen moved the said furniture
from Plaintiffs old residence to her new residence; but, on the contrary, Defendant asserts that its
workmen loaded and unloaded a truck furnished by Tom Hoover or Plaintiff, and that said truck
loaded with furniture was driven by Tom Hoover from Plaintiffs old residence to her new residence.
admits that Plaintiff was made a party, as undisclosed principal, to the contract formed by Tom.
Hoover and Defendant.
10. Defendant denies the averment in Paragraph 11 that the claimed damage, if any, was caused
by his workmen, and denies that its workmen were negligent or failed to exercise due care, as
averred in subparagraphs 11(a) - (e); but, on the contrary, asserts that its workmen exercised due
care in moving the items in question, that they used moving pads to protect the furniture and packed
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the furniture onto the provided truck in a proper secure fashion, under the supervision of Bill Carter,
a professional mover with twelve years experience in packing trucks so as to prevent damage to
furniture during moves.
11. Paragraph 12 is admitted in part and denied in part as follows: Defendant admits that, after the
move, its workman produced, and Tom Hoover signed, a document (attached hereto as Exhibit A)
stating that he had walked through the house, inspected the furniture, and found no exceptions to
its pre-move condition. Defendant denies that Tom Hoover did not inspect the furniture; but, on the
contrary, asserts that Tom Hoover was present throughout the move, observed the condition of the
furniture before and after the move, and indeed observed no damage during the move.
12. Defendant lacks knowledge or information sufficient to form a belief as to whether the furniture
Plaintiff claims was damaged is antique and hard to duplicate.
13. Paragraph 14 is admitted in part and denied in part as follows: Defendant admits that Plaintiff
consulted a furniture restoration company which has most recently assessed the claimed damage,
if any, at $3,840.16. Defendant denies that the claimed damage, if any, was caused by
Defendant's workmen and further denies that said workmen were negligent. Defendant lacks
knowledge or information sufficient to form a belief as to whether the articles claimed to be
damaged were damaged before the move, or were damaged due to Tom Hoover's carelessness in
driving over curbs, driving too fast or otherwise carelessly, or whether any such claimed damages
occurred after the move. Defendant denies that any damage was caused by the actions of its
workmen.
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15. At the conclusion of the move on July 23, 1999, after observing the condition of the furniture as
it was loaded and then unloaded from the truck and then moved into the new house, Tom Hoover
executed the said claim release form (attached hereto as Exhibit A), stating that he had inspected
the furniture and found no exceptions to its pre-move condition.
of her furniture. Plaintiff was an undisclosed principal and, as her agent, Tom Hoover had the
apparent authority to release Defendant from any subsequent claims for damage connected with
the move.
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17. The terms agreed to on June 29,1999, between Tom Hoover and Defendant, called for $20.00
per man per hour, including travel time from Carlisle to and from Camp Hill, plus the cost of renting
a stipulated three dozen moving pads, at $5.00 per dozen.
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18. Defendant's three workmen spend one hour travel time and 10.25 hours on the job, at $20.00
per man per hour, for a total of $690.00, according to the agreed-upon rate, plus $15.00 for pad
rental, for a total of $715.00.
19. After completing the job, Defendant's workman made an arithmetic error and miscalculated
the amount due under the contract, asking for only $390.00.
20. Defendant is entitled to payment of the difference: $715.00 total, less $390.00 paid, for a
balance due of $325.00.
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Attorneys for Plaintiff/Petitioner
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Thomas E. Flower, EsqUire
11 East High Street
Carlisle, PA 17013
(717) 243-5513
I.D. #83993
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WHEREFORE, the Defendant requests that the Plaintiffs claim be dismissed and that judgment be
entered in favor of the Defendant and against the Plaintiff in the sum of $325.00.
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LET'S MOVE IT
Claim and follow up fonn
TO OURV ALUED CUSTOMER:
DUring your move today we are going to ask for y~ur signature twice. This is done to assure we have met all
your needs. Please take the time to read this brief form before signing it 'IJds is your opportunity to fIle any
claims for damage that have occurred during your move; We are also asking for your new name, address,
and phone number, as we will be inaking a post move contact with you regarding your move.
Thank you for your time and consideration imd for making Let's Move It your relocation professional!! II
Customer's 51
Origin
I have walked through my home
removed from the premises.
. Destination
Customer's sl~ture ;
Date
For Let's Move It
Exceptions \ 0 \ 2, \ L./Y\..
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New address
home phone
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 4342-2000
CIVIL ACTION
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Plaintiff
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Defendant
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AND now, this 4t'--
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Arthur K. Oils, Esquire
1017 North Front Street
Harrisburg, PA 17102
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Thomas E. Flower, Esquire, of the law firm of FLOWER, FLOWER & LINDSAY, P.C., Attorneys,
hereby certify, that I served the within Defendant's Answer to Claim this day by depositing same in the
United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
FLOWER, FLOWER & LINDSAY
Attorneys for Defendant
BY~~
Thomas E. Flower
I. D. #83993
11 East High Street
Carlisle, PA 17013
(717) 243-5513
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VERIFICATION
I, hereby verify that the statements made in the within instrument are true and correct to the best
of my knowledge. information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
By
Date: <1/ ~ I ' 2000
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CARROL A. SHIRVINSKY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO.2000-4342
CIV~term x~ 2000
LET'S MOVE IT, INC.,
Defendant
RULE 1312-1.
The Petition for Appointment of Arbitrators shall be substantially in the following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
ARTHUR K. DILS, ESQUIRE ,counsel for the plaintiff/defendant in the above action (or actions),
respectfully represents that:
1. The above-captioned action (olllCtieas) is ('llfet-at issue.
2. Thec1aim of the plaintiff in the action is $ 3,840.61 plus .costs and interest
The counterclaim of the defendant in the action is 325. 00
The following attorneys are interested in<the case(s) as counselor are otherwise disqualified to sit as arbitrators:
Thomas E. Flower, Esquire
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be
submitted.
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THl!!R K. D LS,ESQUIRE
1017 N. Front st.
ORDER OF COURT Harrisburg, PA 17102
(717) 232-9724 I.D. 07056
AND N~~""~ ,t9~," ,,,,",,,,,,00 of""
foregoing petition, , Esq., ~L(W"J
Esq., and ~ fT...nu I.,. L^-' ,Esq., are appointed arbitrators in the above captioned action (or
actions) as prayed for. V .
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OUM8tRU~~D GC,lUNlY
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AWARD
We, the undersigned arbitrators. having been duly appointed and sworn
(or affirmed), make the following award:
(Note: If damages for delay are awar~ed, they shall be
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Date of Hearing:
Date of Award:
NOTICE OF
Now. the;/d day of d'~
award was entered upon the docket and
parties or their attorneys.
Arbitrators' compensation to be
paid upon appeal:
$ :Lqo, IS1.l
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CAROL A. SHIRVINSKI,
Plaintiff
vs.
LET'S MOVE IT, INC.,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2000-4342 CIVIL TERM
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NOTICE OF APPEAL FROM
AWARD OF ARBITRA TORS
TO THE PROTHONOTARY:
Notice is hereby given that Let's Move It, Inc., Defendant above, appeals from
the award of the Board of Arbitrators entered in this case on February 22, 2001.
A jury trial is demanded.
I hereby certify that the compensation of the Arbitrators has been paid
SAIDIS
SHUFF. FLOWER
& UNDSAY
ATI'ORNEYS-ATeLAW
26 W. High Street
Carlisle. PA
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SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Defendant
By:
. lindsay, E quire
4693
26 West High Street
Carlisle, PA 17013
(717) 243-6222
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATrORNEYS-AT-LAW
26 W. High Street
Carlisle. PA
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CAROL A. SHIRVINSKI,
VS.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 2000-4342 CIVIL TERM
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LET'S MOVE IT, INC.,
Defendant
CERTIFICATE OF SERVICE
AND now, this 2 ~ day of tUoA/.dt_-
2001, I, Carol J. Lindsay, Esquire, of the law firm of SAlOIS, SHUFF, FLOWER &
LINDSAY, P.C., Attomeys, hereby certify that I served the within Notice of Appeal
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From Award of Arbitrators this day by depositing same in the United States Mail,
First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Arthur K. Dills, Esquire
OILS & RUPICH
107 North Front Street
Harrisburg, PA 17102
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SAlOIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Defendant
By:
I J. Lindsay, uire
I # 44693
26 West High Street
Carlisle, PA 17013
(717) 243-6222
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROI'HClID1'ARY OF CUMBERL1\ND COUNTY
Please list the following case:
(Check one)
~ for JURY trial at the next term of civil court.
(X) for trial without a jury.
,
-----------------------------------------
CAPTION OF CASE
(entire caption m.lst be stated in full)
(check one)
No. 4347. civil
t9 2000
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(X) Civil Action - Law
( ,.:) Appeal from Arbitration
CARRor~ A. SHIRVINSKY, (other)
(Plaintiff)
vs.
The trial list will be called on 10/9/01
and
vs.
Trials comnence on 11 /5 /01
Pretrials will be held on 1 0/1 7/01
(Briefs are due 5 days before pretrials.)
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rule 214.1.)
LET'S MOVE IT, INC.
(Defendant)
Indicate the attomey who will try case for the party who files this praecipe:
Arthur K. Dils, Esquire
Indicate trial counsel for other parties if known:
Thomas E. Flower, Esquire
This case is ready for trial.
Signed:
~ if&
Print Name:
Arthur K. Dils, Esquire
Date:
9/12/01
Attorney for:
Plaintiff
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CARROL A. SHIRVINSKY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
LET'S MOVE IT, INC.,
Defendant
NO. 00-4342 CIVIL TERM
ORDER OF COURT
AND NOW, this 9th day of October, 2001, a pretrial conference in the above
matter is scheduled for Wednesday, January 9, 2002, at 1:30 p.m., in chambers of the
undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial
memoranda shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least
five days prior to the pretrial conference.
A NONJURY TRIAL in the above matter is scheduled for Monday, February 25,
2002, at 9:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle,
Pennsylvania.
BY THE COURT,
rile-
J Wesley Oler
Arthur K. Dils, Esq.
1017 N. Front Street
Harrisburg, P A 17102
Attorney for Plaintiff
Thomas E. Flower, Esq.
2109 Market Street
Camp Hill, PA 17011
Attomey for Defendant
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CARROL A. SHIRVlNSKY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
LET'S MOVE IT, INC.,
Defendant
NO. 00-4342 CIVIL TERM
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ORDER OF COURT
AND NOW, this ih day of January, 2002, upon consideration of the attached letter
from Thomas E. Flower, Esq., attorney for Defendant, Defendant's appeal from the
decision of the Board of Arbitrators is deemed withdrawn, and the pretrial conference
scheduled for January 9, 2002, and non-jury trial scheduled for February 25, 2002, are
cancelled.
BY THE COURT,
t
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~ur K. Dils, Esq.
1017 N. Front Street
Harrisburg, PA 17102
Attorney for Plaintiff
Ahomas E. Flower, Esq.
2109 Market Street
Camp Hill, PA 17011
Attomey for Defendant
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01-07-02
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JAMES D. FLOWER
JOHNE. SLIKE
ROBERT C. SAlOIS
GEOFFREY S. SHUFF
JAMES D. FLOWER. JR.
CAROLJ. LINDSAY
JOHNNAJ. KOPECKY
KARL M. LEDEBOHM
JOSEPH L. lllTCHINGS
THOMAS E. FLOWER
LAW OFFICES
SAlOIS, SHUFF, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
2109 MARKET STREET
CAMP HILL, PENNSYLVANIA 17011
TELEPHONE: (717) 737-3405 - FACSIMILE: (717) 737-3407
EMAIL: attorney@ssfl-Iaw.com
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CARLISLE OFFICE:
26 W. HIGH STREET
CARLISLE, P A 17013
TELEPHONE: (717)243-6222
FACSIMILE: (717)243-6486
REPLY TO CAMP HILL
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January 3, 2002
The Honorable J. Wesley Oler, Jr.
Cumberland County Court House
One Courthouse Square
Carlisle, PA 17013
RE: Carrol A. Schirvinsky v. Let's Move It, Inc.
No. 4342 Civil 2000
Dear Judge Oler:
The parties to the above-named case have agreed to a settlement. Defendant
wishes to withdraw its appeal, and Plaintiff, by her attorney, Arthur K. Oils, Esquire,
consents to the withdrawal of the appeal, so that the arbitrators' judgment will remain of
record until marked satisfied.
Please note that a pretrial conference in this matter has been scheduled for
Wednesday, January 9, 2002, at 1 :30 p.m.
If a formal petition, proposed order and written consent signed by opposing
counsel are required, I will be happy to provide the same.
Very truly yours,
~~
Thomas E. Flower, atty. for Defendant
CC: Arthur K. Oils, Esq.
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CARROL A. SHIRVINSKY,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. 4342 - 2000
LET'S MOVE IT, INC.
Defendant
CIVIL ACTION - LAW
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-captioned action settled and discontinued.
Respectfully submitted,
BY:
hur K. Dils, Esquire
1017 North Front Street
Harrisburg, PA 17102
(717) 232-9724
J.D. No. 07056
BY:~~
Thomas E. Flower, Esquire
2109 Market Street
Camp Hill, PA 17011
(717) 737-3405
J.D. No. 8:Jqqj
Date: 5/z?/oL
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MAY 2 2 2002
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