HomeMy WebLinkAbout03-0113ERIC L. DIFFENBAUGH,
Plaintiff
FRANK C. MYERS, III, and
MARY S. MILLER, EXECUTORS,
OF THE ESTATE OF J. RAYMOND
MILLER
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. ~)3- ~1~ Ci¥il Term
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 of 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, PA 17013
(717) 249-3166
ERIC L. DIFFENBAUGH,
Plaintiff
FRANK C. MYERS, III, and
MARY S. MILLER, EXECUTORS,
OF THE ESTATE OF J. RAYMOND
MILLER
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 4::),~- /'/~ Civil Term
COMPLAINT
1. Plaintiff, Eric L. Diffenbaugh, is an adult individual residing at 457 Whitmer Road
Shippensburg, Cumberland County, PA 17257.
2. Plaintiff Diffenbaugh is in the business of rendering professional land surveying
and engineering services, with offices located at 25 Broad Street, Newville PA.
3. Defendants, Frank C. Myers, III, and Mary S. Miller are the Executors for the
Estate of J. Raymond Miller who died on July 29, 2000, as set forth in Adams County
Register of Wills filed to Estate No. 01-00-0317, with a last know address
of 799 Braggstown Road, Dillsburg, PA 17019.
4. On or about July 16, 1996, and pdor to the demise of J. Raymond Miller, Plaintiff
Diffenbaugh and Decedent Miller entered into a contract for Professional services,
wherein Plaintiff agreed to provide certain surveying and engineering services in regard.,
to approximately 13 acres of land located in North Middleton Township, Cumberland
County.
5. The contract was for the sum of $26,800.00. (Attachment 1 - 1996 Contract).
6. The land subject to the contract for surveying and engineering services was
under contractual option to be purchased by Decedent Miller.
7. At all times relevant, Decedent Miller was engaged in business relationships with
Arnold Forbes including, among other things, their joint involvement with said property.
It is believed that the Forbes-Miller business venture is know as "Wyatt Investors", with
an address at 29 E. Welty Ave., Dillsburg, PA 17019.
Plaintiff Diffenbaugh received a retainer in the amount of $3,000.00 prior to the
by
commencement of work on the contract. The check was signed by and given to him
Decedent Miller, and written on an account owned by "F&M". It is believed that this
stands for Forbes & Miller.
9. Initially, Decedent Miller requested Plaintiff Diffenbaugh services relative to a
proposed mobile home park at the property location.
10. Upon learning that the land was not zoned for mobile homes, the scope of the
work changed. Decedent Miller and Arnold Forbes informed Plaintiff Diffenbaugh that
the new proposed usage for the land was for a mini-storage unit project.
11. Decedent Miller instructed Plaintiff Diffenbaugh to proceed with his surveying and
engineering services; however, because of the change in proposed usage for the land
the total cost of the services decreased from the initial price of $26,800.00 to a total co~
of $12,132.00.
12. Plaintiff Diffenbaugh completed all work necessary under said contract, and
Decedent Miller with Approved Subdivision and Land development plans in 19!
13. After repeated demands, Decedent Miller failed to pay the final amount due of
$9,132.00 for the services rendered pursuant to the said contract. (Attachment 2 -.
Invoice).
14. After repeated demands, the Executors for the estate have likewise failed to pay
the final amount due for Plaintiff Diffenbaugh's services.
WHEREFORE, Plaintiff Diffenbaugh demands judgment in the amount of
$9,132.00,plus costs and interest.
Date
Respectfully Submitted
TURO LAW OFFICES
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
PROPOSAL
THIS IS AN AGREEMENT made on July 16, 1996, between (CLIENT); Raymond Miller
and (SURVEYOR) Edc Diffenbaugh.
SURVEYOR shall provide the following surveying and engineering services for the
OWNER in accordance with the terms and conditions of this Agreement: The land is
located in North Middleton Township, Cumberland County and is now under the option
of Arnold Forbes. The project area contains 13 acres +-.
SURVEYOR and CLIENT agree that it is anticipated and estimated that the work is to
commence on or about July 22, 1996.
As full and complete compensation for the work to be performed hereunder, according
to the terms hereof, CLIENT agrees to pay and SURVEYOR agrees to accept payment
as follows:
TOTAL FEE FOR ITEMS IN SCHEDULE "B". .............................................. $26,800.00
SECTION 1 - basic services of surveyor
See Schedule "A"
SECTION 2 - CLIENTS RESPONSIBILITIES
2.1 Make available to SURVEYOR all information pertinent to the project, including
Previous reports and any other data relative to the project.
2.2 Request CLIENT to make all provisions for SURVEYOR to enter upon public
and private proeprty as required for SURVEYOR to perform services under
this Agreement.
2.3
Give Prompt written notice to SURVEYOR whenever CLIENT observes or
otherwise becomes aware of any development that affects the scope or timing
of SURVEYOR'S SERVICES.
SECTION 3 - PERIOD OF SERVICE
3.1 The provisions of the Section 3 and vadous rates of compensation for
SURVEYOR'S services Provided for elsewhere in this Agreement have been
agreed to in anticipation of the ordedy and continuous Progress of this work.
3.2 If CLIENT has requested significant modifications or changes in the scope of
work and SURVEYOR agrees to perform such modifications or changes, the
time of performance of SURVEYOR'S services and the vadous rates of
compensation Provided for elsewhere in this Agreement shall be adjusted
appropriately.
SECTION 4 ~ PAYMENT TO SURVEYOR
4.1
If CLIENT fails to make any payment due SURVEYOR for services and
expenses within sixty (60) days after receipt of SURVEYOR'S statement
therefore, SURVEYOR may, after giving written notice to CLIENT, suspend
services under this Agreement until payment in full of all amounts due
SURVEYOR for services and expenses. SURVEYOR may, at its option, also
terminate service under this agreement in the event of a failure to comply with
this paragraph.
SECTION 5 - GENERAL CONSIDERATIONS
5.1 The obligation to provide further services under this Agreement may be
terminated by either party upon seven days written notice in the event of
substantial failure by the other party to perform in accordance with the
terms hereof through no fault of the terminating party.
5.2 CLIENT and SURVEYOR each is hereby bound, and the partners, successors,
executors, administrators, assigns and legal rePresentatives of each are
bound, to the other party to this Agreement and to the partners, successors,
executors, administrators, assigns and legal representatives of such other
party, in respect to all covenants, agreements and obligations of this
Agreement.
5.3 Neither CLIENT or SURVEYOR shall assign, sublet or transfer any rights
or interest in (including, but without limitation, monies that may become due
or monies that are due) this Agreement without the written consent of the
other. Unless specifically no assignment will release or discharge the assignor
from any duty or responsibility under this Agreement. Nothing contained in the
paragraph shall prevent SURVEYOR from employing such independent
consultants, associates and subcontractors as SURVEYOR may deem
appropriate for assistance in the performance of services hereunder.
SECTION 6 - SPECIAL PROVISIONS
6.1
6.2
SURVEYOR does not guarantee approval or obligations from the municipality,
county, Department of Environmental Protection, or utility authorities.
This agreement together with the Attachments identified above constitute the
entire agreernent between CLIENT and SURVEYOR and supercedes all prior
written or oral understandings. This Agreement and said Attachments may
only be amended, supplemented, modified or cancelled by a duly executed
written instrument.
The parties hereto have made and executed this agreement as of the day and year first
above written.
SURVEYOR~
CLIENT - ~
S CHEDULE "A"
PAYMENT SCHEDULE
$3000.00 retainer advanced to SURVEYOR to begin work.
$19,000.00 within 30 days after the preliminary plans have been submitted to the
township.
$4800.00 within 30 days after the final plans have been submitted to the township.
If CLIENT fails to make any payment due SURVEYOR for services and expenses
within sixty (60) days after receipt of SURVEYOR'S statement therefore, SURVEYOR
may, after giving written notice to CLIENT, suspend services under this Agreement until
payment in full of all amounts due SURVEYOR for services and expenses.
SURVEYOR may, at its option, also terminate service under this agreement in the
event of a failure to comply with this paragraph.
All balances outstanding after 30 days from invoice date are subject to an interest
charge of 1.5% compounded monthly.
SCHEDULE "B"
SCOPE OF WORK
1. Boundary survey of the 13 acre tract.
2. Topographic survey of the site with two-foot contoum. Location of the existing
structures, utilities and roadways.
3. Computations necessary to establish lot dimensions and road locations.
4. Courthouse reseamh
5. Street design
6. Sanitary sewer design
7. Water distribution design
8. Stormwater management plan, and design of the drainage system.
9. Preliminary and Final land development plans for township and county review.
10. Sediment and Erosion control plans.
11. Grading plan
12. Penn DOT entrance plans for highway occupancy permits.
13. DEP planning mOdule package
14. Attendance at the township meetings and coordination wfth the utility companies
15. Sketch plan of the project for township review.
ITEMS NOT INCLUDED WITHIN THE ABOVE SCOPE
1. Lot stake out, or construction stake out.
2 Wetlands Study
3. Traffic study
4.
Hydrogeological study
5. Amhaeological study
6. Items required by the muncipality which are not addressed in their Subdivision
and Land Development Ordinance.
7. Fees to the township, county and utility companies.
8. Township engineer fees
9. DEP review fees
10. Environmental Assessment
11. Zoning changes
12. Landscape Plan
13. Bonding required for plan approval.
14. Sanitary sewer pump station or forced main lines.
15. Engineering Studies required by the township or utility companies.
Eric'Diffenbaugh Surveying
4 West Main Street
Newville, PA 17241
BILL TO
J. Raymond Miller
401 Abbottstown Road
East Berlin, Pa 17316
Invoice
NVOICE---~
DESCRIPTION
TERMS
Net30
and engineering semces for the Carhsle storage unit project and the eight lot
subdivision of the Dar Property.
Amotmts due form invoices 1932, 1969, and 1986
PROJECT
AMOUNT
9,132~00
Total
$9,132.00
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct.
understand that false statements herein are made subject to the penalties of
8 Pa.C.S. {}4904 relating to unsworn falsification to authorities.
Da't8
E~ic Diffenbau~l~,' Plail~
L. C. Heim
KATHERM~
Attorney I.D
345 East Ma:
York, PA 17.
kN & HEIM
. No. 23155
:ket Street
~03
(717) g54-51[24
Attnmev~ for Defenclant~
1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
l
ERIC L. DIEFENBAUGH , · Civil Action - LAW
Plaintiff :
VS.
FRANK C. 1~
MARY S. M
OF THE ESi
MILLER,
4YERS, III and :
ILLER, EXECUTORS :
?ATE OF J. RAYMOND:
Defendants
No. 03-11.3
To: Eric L. E
c/o Ron
YOU ARE
WITHIN T¥
JUDGMEN]
NOTICE TO PLEAD
dffenbaugh
ruro, Esquire
iEREBY NOTIFIED TO PLEAD TO THE WITHIN NEW MATTER
/ENTY (20) DAYS OF SERVICE UPON YOU OR A DEFAULT
MAY BE ENTERED AGAINST YOU.
KATHEI~MAN & HElM
~A~tCo~Heeyi];'~ Defendants
DATE: Janm
try24,2003
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ERIC L. DIFFENBAUGH , Civil Action - LAW
Plaintiff ·
VS.
FRANK C.
MARY S.
OF THE ES'
MILLER,
No. 03-113
dYERS, III and
ILLER, EXECUTORS ·
FATE OF J. RAYMOND ·
Defendants ·
4.&5
6. De:
an option to
7. De~
Investors, wl
ANSWER
- 3. Admitted.
The Agreement attached to the Complaint speaks for itself.
lied. It is averred to the contrary that in 1996 the property was under
~urchase held by Arnold Forbes t/a Wyatt Investors.
~ied. It is averred to the contrary that Decedent had no interest in Wyatt
rich was a fictitious name registered to/kmold Forbes.
drawn on an ·
by Decedent
9. 1
Denied. Decedent Miller sent a Three Thousand ($3,000.00) Dollar check
[ccount of J.R. Properties, Inc., which was the corporation solely owned
Miller.
1. After reasonable investigation Defendant is without knowledge or
information SUfficient to form a belief as to the truth of the averments set forth in
Paragraphs 9' through 11 of the Complaint, said averments, therefore, being denied.
Proof thereo[ is demanded at the trial of this case.
12. Dlnied. The work was provided to "Wyatt Investors", which is a fictitious
name of AmIld Forbes.
13. at 14. It is admitted that no amounts were paid because no amounts were
15.
Investors.
1997.
16. ~h
17. D
18. PI
19. F
specified in
NEW MATTER
Tl le land development plan for mini storage was provided to Wyatt
~yatt Investors is a fictitious name of Arnold Forbes.
ecedent had no interest in Wyatt Investors.
aintiff sent an invoice for the completion of his work on December 12,
laintiff's action is barred by the four (41) year Statute of Limitations
o,2 Pa. C. S. {}5525(8)
WHEREFORE, Defendant demands that the judgment be dismissed.
KATHE1LMAN & HEIM
VERIFICATION
!
I, Frank C. Myers, III, hereby verify that the statements in this Answer and
New Matter ~re true and correct to the best of my knowledge information and belief.
I understan4 that false statements herein are made subject to the penalties of 18
PA.C.S. Sect 4904, relating to unsworn falsification to authorities.
Frank C. Myers, IIJ/~~'~
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing
was served u~on the following person on this date by depositing a copy of same in
/
the United states mail, postage prepaid, addressed as :follows:
Ron Turo, E4quire
Turo Law Offices
28 South Pitt Street
Carlisle, PA 17013
I.D. No. 23155
KATHER/VlAN & HEIM
345 E. Market Street
York, Pa 1.7403
(717) 854-.5124
ERIC L. DIFFENBAUGH,
Plaintiff
FRANK C. MYERS, III, and
MARY S. MILLER, EXECUTORS,
OF THE ESTATE OF J. RAYMOND
MILLER
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
..
: No. 03-113 Civil Term
_.
..
.-
:
..
REPLY TO NEW MATTER
15. Denied. The land development plan was provided to the Defendant, J.
Raymond Miller, as a principle of Wyatt Investors and partnership.
16. The allegations of this paragraph are information unknown to Plaintiff
and proof of the same is demanded at Trial.
17. The allegations of this paragraph are information unknown to Plaintiff
and proof of the same is demanded at Trial.
18. Denied. It is denied the Plaintiff only sent an invoice for his work in
December 12, 1997and by way of further answer Plaintiff continued to do work and
have contact with the decedent up to the time of his death.
19. The allegations of this are legal conclusions to which no responsive pleading
~s required.
WHEREFORE, Plaintiff Diffenbaugh demands that judgment be entered in his
favor against the Defendants.
Respectfully Submitted
TURO LAW ~~
~o~'l~ro, Esquire
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
CERTIFICATE OF SERVICF
I hereby certify that I served a true and correct copy of the Answer to New Matter
upon L. Ci Helm, Esquire, and, by depositing same in the United States Mail, first class,
postage pre-paid on the ~ ~-- day of L~,~ '~ ,2003, from Carlisle,
Pennsylvania, addressed as follows:
L. C. Heim, Esquire
Katherman & Hein
345 East Market Street
York, PA 17403
TURO LAW OFFICES
Ron Turo, Esquire
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
SHERIFF'S ~ETU~N - OUT OF COUNTY
C~SE NO: 2003-00113 P
COMMONWEALTH OF PENNSYLV/~NI~:
COUNTY OF CUMBE~L/~2qD
DIFFENB~UGH E~IC L
VS
MYERS FP~iqK III ET ~L
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
MYERS III FRANK C
(EXECUTOR)
but was unable to locate Him
deputized the sheriff of ADAMS
in his bailiwick. He therefore
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On January 15th , 2003 , this office was in receipt of the
attached return from ADAMS
Sheriff,s Costs:
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep Adams County 29.56
.00
66.56
01/15/2003
TURO LAW OFFICES
Sheriff of Cumberland County
Sworn and subscribed to before me
this ~l day offs__
~ ~',-~d A.D..
Prothonotary
JAN 13 P 12: I ]
SHERIFF
~ n,,,~ rf .I~, ~
~DATE RECEIVED
MASON DIXON BUSINESS FORMS. INC. 33000026
SHERIFF'S DEPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE, GETTYSBURG, PA 17325
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
1. PLAINTIFF/S/
ERIC L. DIFFENBAUGH
3. DEFENDANT/S/
FRANK C. MYERS~ III & MARY S. MIII.ER, executors
DATE PROCESSEI~
IINS'FRUCTIGNS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY
THE SHERIFF" on the revere of the last (No. 5) copy of this form. Please
type or print legibly, ineuring readlbillty of ell copies.
I2. COURT NUMBER
03-113 Civil Term
4. TYPE OF WRIT OR COMPLAINT:
Complaint in Civil ^ction
5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATrACHED OR SOLD.
Yrank C. Myers, Tm:]:
6. AOOR~-~ (street or RFD, Ap~; No., City, Boro, Twp., State and ZIP CODE)
AT
799 Braggtown Rd., Dillsburg, PA 17019
7. INDICATE UNUSUAL SERVICE: O F'~C.~ONAL [] ~.~C~ON IN CHARGE [] DEPUTIZE [] CERT. MAIL [] REGI~II::H~U MAIL [] PO~I=L) [] OTHER
Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of
County to execute this Writ and make return therof acCOrding to law. This deputation being
made at the request and risk of the plaintiff.
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE.
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN--Any deputy sheriff levying upon or attaching any property under within writ may leave
same withoul a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to
any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof.
9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER I 11. DATE
Ron Turo, Esq. ~PLAINTIFF[] DEFENDANT (717) 245-9688
SPACE BELOW FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELOW THIS LINE
12.orl acknowledgecomplaint asreceiptindicated°f theabove.Writ J SIGNATURE of Authorized ACSD Deputy or Clerk and Title Jsn.13' Date13Received) 2003 F1~.14' Expiration7 ~ /]~l~l~g2003 date
15. I hereby CERTIFY and RETURN that I:~ have personally served, [] have served parson in charge, ~ have legal evidence of service as shown in "Remarks" (on reverse)
~ have posted the above described property with the writ or complaint described on the individual, company, coq3oretion, etc., at the address shown above or on the
individual, company, corporation, etc., at the address inserted below by handing/or Posting a TRUE end AY¥~'STED COPY therof.
16. [] I h~,~eby ~.~;;y and return a NOT FOUND because I am unable to locate the individual, company, corpor'ation, etc., r.~,T~d above. (Sos remarks below)
17. Name and title of individual sewed
Frank C.
19. Addran. s of where sawed (c~,,,p;,~;~ only if different than shown above) (Street or RFD, Apadmant No., City, Bom, Twp.,
State and ZIP CODE)
18. A per, on of sultabM age and d~cre on J Read Order
Myers, fa tber of Frank C. Myers, III ,~,, ~.,~,,1~ ~,,~ ~f.,~,,,, u.~.,
pl~ ~ ~. C ~ ~
22'ATTEMP?$ J D~te I Mllea /Dep.lnt. J Date J Mllea Dap. Int. Dine I Miles IDep.int J D~te I Mllea JD
~. A~anco C o~e 124. I 2s 12s J ~7 TOf~ C,~e
I I ' J 25.56 1/14/03
SO ANSWER.
AFFIRMED and subscribed to before me this
day of
MY COMMISStOfl EXPIRES
20. Date of S~rvice 21. Time
1/13/2003 7:157M
Int. J Date Mllea Dap. Int.
2~. ~Ye~lYut7o~ REFUND
$120.44 Ck. #8578
39. Date Received
I ACKNOWLEDGE I~EO~_ip~ OF THE C:;--.; , 'S RETURN ~GN~TURE
OF AUTHORIZED ISSUING AUTHORITY AND TITLE.
Sy]~d~r~/D~. Sher~f) (F'~e ~ = Type) Date
Muller
~:~.~0~~ture of ~ ~te
W. N~ 1/13/2003
SHERIFF'S RETURN OF SERVICE
( ) (1) The within
upon
defendant by mailing to
by.
prepaid,
a true and attested copy thereof at
,the within named
mail, return receipt requested, postage
on the
The return receipt signed by
defendant on the is hereto attached and
made a part of this return.
Outside the Commonwealth, pursuant to Pa. R.C.P. 405 (c) (1) (2), by mailing a true
and attested copy thereof at
in the following manner:
( ) (a) to the defendant by ( ) registered ( ) certified mail, return receipt requested,
postage prepaid, addressee only on the
said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities
that Defendant refused to accept the same. The returned receipt and envelope is attached hereto
and made a part of this return.
And thereafter:
( ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return
address of the Sheriff appearing thereon, on the
(3)
I further certify that after fifteen (15) days from the mailing date, I have not received
said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a
proof of mailing.
By publication in the Adams County Legal Journal, a weekly publication of general circulation in
the County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily
newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general
circulation in said County for
successive weeks of
The Affidavits
from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made
part of this return.
By mailing to
by mail, return receipt requested, postage prepaid,
on the
(4)
a true and attested copy thereof at
) (s)
The
Authorities marked
is hereto attached.
Other
returned by the Postal
ERIC L. DIFFENBAUGH,
Plaintiff
VJ
FRANK C. MYERS, III, and
MARY S. MILLER, EXECUTORS,
OF THE ESTATE OF J. RAYMOND
MILLER
Defendants
: IN THE COURT O~COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 03-113
Civil Term
ORDER OF COURT
AND NOW, this
the foregoing
/~' day of . ~ i' 2003, in considerati of
Petition, ~.~_ ('?~c.d~/ , ~q.,
· .~fi / . ~ ~ .~ ..
, Esq., an~ ~_.~~ ~.~, Esq., are
BY THE couRT,
P.J.
ERIC L. DIFFENBAUGH,
Plaintiff
FRANK C. MYERS, III, and
MARY S. MILLER, EXECUTORS,
OF THE ESTATE OF J. RAYMOND
MILLER
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: No. 03-113 Civil Term
:
:
:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Ron Turo, Esquire, counsel for the Plaintiff in the above action, respectfully represents
that:
1. The above-captioned action is at issue.
2. The claim of the Plaintiff in the action is $9,132.00.
The following attorneys are interested in the case aS counsel or are otherwise
disqualified to sit as arbitrators:
Ron Turo, Esquire
Turo Law Offices
28 South Pitt St.
Carlisle, Pa 17013
(717) 245-9688
Larry Heim, Esquire
Katherman & Heim
345 E. Market St.
York, PA i 17403
(717) 854-5124
WHEREFORE, YOUR Petitioner prays this Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
Respectfully sub
~tel~e'n b. Fug
Turo Law Office~
28 South Pitt St.
Carlisle, Pa 170
(717) 245-9688
T~itted,
ERIC L. DIFFENBAUGH,
Plaintiff
Vo
FRANK C. MYERS, Ill, and
MARY S. MILLER, EXECUTORS
OF THE ESTATE OF J. RAYMOND
MILLER,
Defendants
IN THE COURT OF COMMON PLEAS
CUIVIBERLAND COUNTY, PENNSYLVANIA
NO. 03-113 CIVIL TERM
ORDER
~ Kh/~~ ,2003, the Court hereby Orders the
AND NOW, this / 3 day of
withdraw Rolf E. Kroll, Esquire, and the Entry o~/Appearance of Shaun J. Mumford, Esquire, as an
arbitrator in the above-caption arbitration.
BY THE COURT:
~Judge
Henry Coyne, Esquire
Larry Heim, Esquire
Diane Radcliffe, Esquire
Ron Turo, Esquire
~]002
TUR0 LAW OFFICES
10/03/2003 15:10 FAX 7172452165
ERIC L. DIFYENBAUGH
Plaintiff
FRANK C. MYERS, IH, and
MARY S. MILLER, EXECUTORS,
OF THE ESTATE OF J. RAYMOND
MILLER,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 03~113 CIVIL TEIL'M
oA'rfl
We do solenmly swear (or affirm) that we will support, obey and defend the Constitution of the
United States and the Constitution of this Commonwealth and that we will discharge the duties of our
office with fidelity.
We, the undersigned arbflrators, having been duly appointed ~nd sworn (or affirmed), make thc
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
, Arbitrator, dissen~ ~,~c if applicable.)
entered upon the docket and notice thereof "iven bY m~t° the part!es °Sh~r~'
paid upon appeal: Prothonotary ~ ·
Deputy