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HomeMy WebLinkAbout97-06577 it> c c p - c. ~ U') ... ... - ~ E " " '" /' !. l"" l'" 20 ...tl t; d 2 - ~.r r~-.f (c, -) fin n\'(1[j.~ ! .11:' . - .. --1 j '/): , !I~" . . 2 0 m3 I, IU' . " I i I L ~ \ SCOTT MBRRITTS and CONNIB MBRRITTS, t/a TOPLINlIl SPBCIAL SBRVICB, PlaintiU. I IN THB COURT OJ' COMMON PLUS OJ' I ctlMBBRLAND COONT'Y, PBNNSYLVANIA I I I I I I I v. SUN S. DtlNNB, Defendant. ~7-6577 CIVIL ACTION , , -, ) . I -1 ., , . - STIPULATION " I .. ':! The parties, Defendant, Sean Dunne individ~lli ~d Plaintiff's Scott Merritts and Connie Merritts trading as Topline Special Service, by and through their attorney, SAIDIS, SHUFF & MASLAND enter into the following stipulation and agree to be legally bound hereby: 1. Sean Dunne acknowledges and stipulates that he has received the Complaint filed in the above capt,ioned case and accepted service thereof on or about November 26, 1997. 2, Sean Dunne further acknowledges and agrees that he received the default notice dated May 28, 1998, that he has failed to respond to the Complaint, that he f~~led to respond to the default notice and that a default judgment was properly entered against him, 3. Sean S, Dunne and Scott P. and Connie L, Merritts, by and through their attorneys hereby agree that the amount to be entered as judgment in the above captioned claim shall be $2,855.52 plus costs of $83.50 and filing fee of $15.00 for a total of $2,954.02, .. 4, Sean S. Dunne further agrees that judgment of $2,954,02 shall be entered against him by the Prothonotary of the Cumberland County Court of Common Pleas, 5. Sean g, Dunne has agreed to enter into a payment plan for payment of this judgment, 6. Sean S, Dunne recognizes and understands that if he fails to continue to make monthly payments pursuant to the payment ach~dule attached as Exhibit "AU the Plaintiff and/or their agents and assigns will have the right to certify this judgement to the Pennsylvania Department of Transportation for revocation of his driver's license. l~(~>"'.U-~t~ Sean S. Il\ume ~o? _~ ..8Cott D. Moore, .Iquire .. ~ Attorney for Scott Merritts and Connie Merritts, t/a Topline Special Service KXHIBIT .A. PAYMKN'l' BCJm>OLI ~ .fW: princiole Interest Balance Starting Balance 2,954,02 1, 09/01/98 100,00 100.00 2,854,02 2. 10/01/98 100,00 100,00 2,754,02 3 . 11/01/98 100.00 100,00 2,654,02 4. 12/01/98 100,00 100.00 2,554.02 5, 01/01/99 100.00 100,00 :1,454,02 6, 02/01/99 100.00 100,00 :1,354.02 7. 03/01/99 100.00 100,00 :1,254,02 8, 04/01/99 100.00 100,00 2,154,02 9. 05/01/99 100.00 100,00 2,054,02 10. 06/01/99 100,00 100.00 1,954,02 11. 07/01/99 100,00 100.00 1,854.02 l:l. 08/01/99 100.00 100.00 1,754,02 13, 09/01/99 100,00 100.00 1,654,02 14. 10/01/99 100,00 100,00 1,554,02 15, 11/01/99 100,00 100,00 1,454,02 16, 12/01/99 100,00 100.00 1,354.02 ~ 17, 01/01/00 100.00 100,00 1,254,02 f 18. 02/01/00 100.00 100.00 1,154.02 ~ 1 19, 03/01/00 100,00 100,00 1,054.02 20. 04/01/00 100.00 100,00 954.02 21. 05/01/00 100,00 100.00 854.02 t 22. 06/01/00 100,00 100,00 754,02 I 23, 07/01/00 100.00 100.00 654.02 ! 24, 08/01/00 100,00 100,00 554.02 r 25. 09/01/00 100.00 100,00 454.02 I 26, 10/01/00 100,00 100.00 354.02 I 27, 11/01/00 100.00 100,00 254.02 I 28. 12/01/00 100,00 100.00 154.02 29, 01/01/01 100,00 100,00 54,02 30. 02/01/01 54,02 54.02 0000.00 I Loan Amount 2,954,02 Interest 0,000.00 Number of payments 30 I I Payment per month 100,00 , i Scott Merritts and Connie Merrits, t/a Topline Special Service, Plaintiffs IN THE COURT Of COMMON PLiAS OF CUMBERLAND COUNTY, PENNSYLV.u!IA NO.97'(.5'17 CIVIL 19 v. Sean S. Dunne, 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: the above 1. 2. fJJ/I- ~ ,/':U/9f./I1-... , counsel for the Ht~*"d..r J .,~--1n 11 t~ action (or actions), respectfully represents that: The above-captioned actiQn (or actions) is (are) at issue. The dailD of the plaintiff In the action is S 2.855.52 plus interest & The counterclaim of the defendant in the action is c;osts. c:.t""nrr n Ml"\nrA~ J;'C1:'1uirg The following attorneys are interested in the case(s) as counselor are other- wise disqualified to sit as arbitrators: WHEREFORE, your petitioner praye your Honorable Court to appoint three (3) arbitrators to whom the caee ehall be submitted. eubllitted, O-z.-.. ... - . in consideration of the Esq,. 4lt,~1-J ~ . , . Esq., and p~ ,Esq., ars appointed arbitrators in the above-captioned action (or actiona) as prayed for. p, J, . ;"t;.-.-' 1 CO . -if c;:'JIl',Y II ,. I: f,9 Cu-... ., I.;:.. l. _I r:' -.- <:.: 1-'; ( rl! ~ ~ 8 ~ ...g k! ~ ~ ~ U AL >- ~. ~ ~:? a-' . b> c; c' ~ r-. UJ', _" I G:~: . I N G .~; .- ,,-'. ~ 13 >- . .. :C a:J (T\ ',' < .;;; .,Iid ....,l, :.; u ,'I SCOTT MERRITTS and CONNIE MERRITTS, t/a TOPLINE SPECIAL SERVICE, Plaint if fs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 97-(p5'71 CIVIL ACTION SEAN S, DUNNE, Defendants f I NOTICB TO DSrBND , 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 i or property or other rights important to you. r' 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, Lawyer Referral Service Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (717) 243-6200 ... - ... cott D, Attorney SAIDlS, GUIDO, SHUFF '" MASLAND 26 W. Hlah SlRc:. C"Ii,I..PA , . ,. r. . !' SCOTT MERRITTS and CONNIE MERRITTS, t/a TOPLINE SPECI.\L SERVICE, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 97-105'77 CIVIL ACTION SEAN S, DUNNE, Defendants COMPLAINT AND NOW, comes the Plaintiffs Scott Merritts and Connie Merritts t/a 'l'opline Special Service by and through their attorneys Saidis, Guido, Shuff ~ Masland and aver as follows: 1. The Plaintiffs are Scott Merritts and Connie Merritts t/a Topline Special Service with a 9rincipal place of business at 2137 Arcona Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, 2. The Defendant is Sean S. Dunne, an adult individual residing at 2001 Redbank Road, Lot 400, Dover, York County, Pennsylvania 17315, 3. The occurrence hereinafter related took place on April 18, 1997 at approximately 12: 00 p. m. at the intersection of interstate route 83 and state route 581, Lower Allen Township, Cumberland County, Pennsylvania. 4. At the aforementioned time, Plaintiffs owned a 1989 SAID IS. GUIDO, SHUFF & MASLAND 26 W. Hi&!> StrUt Carlisle. PA Chevy 4 X 4 truck and accompanying trailer. 5. At the aforementioned time, Tammy Balsey owned a blue pick-up truck, 6. At the aforementioned time, Defendant Sean S. Dunne was operating the aforementioned blue pick-up truck and had permission from the owner to do so, 7. At the aforementioned time, Plaintiff Scott p, Merritts was operating his truck and trailer south on interstate 83 in the right hand lane. 8, At the aforementioned time, vehicles were in the left lane preventing Plaintiff from mcving into the left bound lane. g, At the aforementioned time, Defendant Dunne, operating the aforementioned blue truck, was on route S81 attempting to merge with traffic. 10, Defendant Dunne attempted to enter the flow of traffic in an unsafe manner causing the Plaintiff to apply his brakes. 11, Plaintiff was unable to avoid striking the Defendant and the trailer behind Plaintiff's truck Jack knifed, 12. Due solely to the negligence of Defendant Dunne, Plaintiff collided with Defendants' vehicle, 13, Plaintiffs' vehicle sustained damage in an amount hereinafter set forth, 14, The negligence, carelessness and/or recklessness of Defendant consisted of the following: SAlDlS, GUIDO, SHUFF a: MASLAND 26 w. Hi'" S.- CarIi.I.. PA a, Failing to yield the right-of-way; b. Travelling at an unsafe speed; c, Failing to keep a proper lookout for other vehicles; d. Failing to be attentive; e. Operating his vehicle without proper and adequate control; r i I I I , I f, Operating his vehicle at a speed too fast for conditions then and there existing and/or in excess of the speed limit on the roadway; g, Failing to stop within an assured clear distance ahead; h, Otherwise, operating his vehicle in a careless and negligent manner with complete disregard to the rights and safety of others; , i, Otherwise. violating the statutes and ordinances of the Commonwealth of Pennsylvania, Pennsylvania Motor Vehicle Code pertaining to operation of motor vehicles and rules and regulations pertaining thereto; and ~ j. Otherwise being careless and negligent under the circumstances. 15, As a direct result of the aforesaid negligence of Defendant, Plaintiffs' vehicle sustained damage in the amount of $2,855,52, Copies of the invoices for repair are attached hereto as Exhibit "A" and will be used at the hearing pursuant to Pa, .' ;... , Civil Procedure 1305. WHEREFORE, Plaintiffs demand judgment in their favor and against Defendants in the amount of Two Thousand Eight Hundred Fifty-Five and 52/100 ($2,855.52) Dollars, together with interest and costs as authorized by law which amounts to the limit requiring submission to compulsory arbitration under local rules of court, Respectfull /SUbmitted, SAIDIS, GUIDO, SHUFF '" MASLAND 26W.IliIJhS...., c.riitle. fA Dated: 11- 2f-1') / UIDO, SHUFF & MASLAND t::>~ ott D, Moore, Esquire Supreme Court I.D. # 55694 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiffs I I II !I , VBRIJ'ICATION I verify that the statements made in the foregoing Complaint are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa, C,S, S 4904, relating to unsworn falsification to authorities, DATED: 1/- / 1- (/7 . (~?'1II1 ~ ltl:/!/lLtta connie Merrit s SAlOIS, GUIDO, SHUFF ... MAS LAND 26 W. Hlab S...., CIIII.le.PA CERTIFICATE OF SERVICE On this .~ 5 -III day of -/~r;iil1 / /~- V , 1997, I, Sallie Osman, hereby certify that I served a true and correct copy of the foregoing Complaint upon all parties of record via United States Mail, postage prepaid, addressed as follows: Sean S, Dunne 2001 Redbank Road Lot 400 Dover, PA 17315 SAlOIS, GUIDO, SAIDIS, GUIDO, SHUff " MASLAND 26 W. Hllb SU<d Corlille. PA ~ (') '0 fi? ~; Q) "n,,: ~ ,.T1 1". (Uth -< "yv .;..1 ojS: I '"J 11 ...., '~ .) '''''', ,;:J( ..- \. ~ ::'! .' ";:t/ .t::r: , ;"::. ":..C) ~.c: ~~ i:in, -~ ~ '-'-J I\) ~ -', - . , ~ v. I IN THB COURT OJ' COMMON PLDB or I CUMBBRLANIl COUNTY, PIDlNSYLVAHIA I I I I I 97-6577 CIVIL ACTION I I SCOTT MBRRITTS and CONNIB MJ:RRI'l"l'S, t/a TOPLINI: SPBCIAL SBRVIeB, Plaintiff. SIlAN S. DUNNI:, Defendant. STIPULATION The parties, Defendant, Sean Dunne individually and Plaintiff's Scott Merritts and Connie Merritts trading as Topline Special Service, by and through their attorney, SAIDIS, SHUFF & MASLAND enter into the following stipulation and agree to be legally bound hereby: 1, Sean Dunne acknowledges and stipulates that he has received the Complaint filed in the above captioned case and accepted service thereof on or about November 26, 1997, 2, Sean Dunne further acknowledges and agrees that he received the default notice dated May 28, 1998, that he has failed to respond to the Complaint, that he f.;Ued to respond to the default notice and that a default judgment was properly entered against him. 3, Sean S, Dunne and Scott P. and Connie L, Merritts, by and through their attorneys hereby agree that the amount to be entered as judgment in the above captioned claim shall be $2,855,52 plus costs of $83.50 and filing fee of $15.00 for a total of $2,954,02. 4, Sean S, Dunne further agrees that judgment of $2,954,02 shall be entered against him by the Prothonotary of the Cumberland County Court of Common Pleas, 5. Sean S, Dunne has agreed to enter into a payment plan for payment of this judgment, 6. Sean S. Dunne recognizes and understands that if he fails to continue to make monthly payments pursuant to the payment t1cbedule attached as Exhibit "A" the Plaintiff and/or their agents and assigns will have the right to certify this judgement to the Pennsylvania Department of Transportation for revocation of his driver's license. l~,Qp/J~~ Sean S. Dunne o~ aott D. Moore, I.qui~e e. Attorney for Scott Merritts and Connie Merritta, t/a Topline Special Service . EXHIBIT -A,- PAYMBN'l' SCHEDULE I2A.tJl. im: princiole Interest Balance Starting Balance 2,954.02 1. 09/01/98 100.00 100.00 2,854.02 2, 10/01/98 100.00 100.00 2,754.02 ~ , 11/01/98 100.00 100.00 2,654.02 4, 12/01/98 100,00 100.00 2,554,02 5, 01/01/99 100.00 100.00 2,454.02 6, 02/01/99 100.00 100.00 2,354,02 7, 03/01/99 100.00 100.00 2,254,02 8, 04/01/99 100,00 100.00 2,154,02 9, 05/01/99 100.00 1CO.00 2,054,02 1(1, 06/01/99 100.00 100.00 1,954,02 11, 07/01/99 100.00 100.00 1,854.02 12, 08/01/99 100.00 100.00 1,754.02 13. 09/01/99 100.00 100.00 1,654.02 14 , 10/01/99 100,00 100.00 1,554.02 15, 11/01/99 100,00 100.00 1,454,02 16. 12/01/99 100,00 100.00 1,354.02 17, 01/01/00 100,00 100.00 1,254.02 18. 02/01/00 100,00 100.00 1,154,02 19. 03/01/00 100,00 100.00 1,054.02 20. 04/01/00 100,00 100.00 954.02 21. 05/01/00 100,00 100.00 854.02 22. 06/01/00 100,00 100.00 754.02 23. 07/01/00 100,00 100.00 654,02 24. 08/01/00 100.00 100.00 554,02 25, 09/01/00 100.00 100.00 454.02 26, 10/01/00 100.00 100.00 354,02 27. 11/01/00 100.00 100,00 254,02 28. 12/01/00 100.00 100.00 154.02 29, 01/01/01 100.00 100.00 54,02 30. 02/01/01 54.02 54.02 0000,00 Loan Amount Interest Number of payments Payment per month 2,954.02 0,000.00 30 100.00 -- . .- ~ t ..." , (') '::,;: -ni : r,'j( ?; ;- (.j,' .. f,~' \.0 "'. ~ r:> --, ~ ~/.) o -'1 , 17~ '/1'1 i\":1 , , "-,I , -.., -j:'., -. -nl ...J -, 1. ~;'1 -. - G, ..~, ,~ ,. <. . : ~ .'"" ."'J 'V SCOTI MERRlTIS Wld CONNIE MERRITIS. Va TOPLlNE SPECIAL SERVICE, : IN TilE COURT OF COMMON PLEAS Of' CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs v. CIVIL ACTION - LAW SEAN S. DUNNE, DefendWlt NO. 97.6577 CIVIL TERM ORDER OF COURT AND NOW, this ,,) I S r day of 9l-1l.t( JlMr ' 1999, in consideration of the attached Motion, the Order of May II, 1998. appointing arbitrators in the above-referenced ClISe is hereby vacated. Taylor P. Andrews. Esquire, shall be paid S{o..caor his services lIS ChairmWl of the Board of Arbitration. ~ L J. \;. ~ ! H'ID"O:~FICE ('..7 ,. ~ - ~. .""'.'JT/IlV q(1 "., ?,:I r:l "), 1:"5 ....;.- t -_ "'}'.I CUI..:~'>,.. ..../e,~ CC:tJi\fTY J:i:NJ<:)'/l'I.\I",.,. '\ , ,y ., - \. \ t i;- SCOTI MERRITIS and CONNIE MERRITIS. tla TOPLlNE SPECIAL SERVICE. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA Plaintiffs CIVIL ACTION. LAW SEAN S. DUNNE, Defendant NO. 91-6571 CIVIL TERM i ! ,.,tf i i i i , I I I \, I I I I I. I ~ v. MOTION TO VACATE APPOINTMENT OF ARBITRATORS PETITIONER, Taylor P. Andrews. Esquir>l. respectfully represents: 1. Petitioner was appointed Chairman of a Board of Arbitration in the above-captioned matter by Court Order dated May 11. 1998. The other arbitrators were Stephen Bloom. Esquire, and Hamilton Davis. Esquire. 2. The action has been settled by Stipulation of the parties. <A copy of the Stipulation is allached hereto as Exhibit A.) 3. An arbitration hearing is no longer required. 4. petitioner asks the Court to vacate the appointment of arbitrators. WHEREFORE. Petitioner prays Your Honorable Court to vacate the order of May 11. 1998. appointing arbitrators in the above-referenced case. and further requests the Court to direct payment of$50.00 to the Petitioner for his services as Chairman of this arbitration. Date: ~'((-7 {t?, {~? SCOTT MERRITTS and CONNIE MERRITTS, t;a TOPLINI SPECIAL SBRVICB, PlaintUh I IN '1'HB COURT 01' COMMON PLUS 01' I CUMBBRLAND COUNTY, PENNSYLVANIA I I I I I I I v. SIAN S. DUNNI, Defendant. 97-6577 ervIL ACTION f""l ~ ~ ( ~ , ..... .",. .., ('.' ...-t (") '" I \:!] ,. ..,,..' . !l." .. L )~t~ ,d, ., "1" '.:;{ ~d . . - f; . STIPULATION j.:.... .., .r": "'d The individii.al~~ parties, Defendant, Sean Dunne Plaintiff's Scott Merritts and Connie Merritts trading as Topline Special Service, by and through their attorney, SAlOIS, SHUFF & MASLAND enter into the following stipulation and agree to be legally bound hereby: 1. Sean Dunne acknowledges and stipulates that he has received the Complaint filed in the above captJoned case and accepted service thereof on or about November 26, 1997. 2 . Sean Dunne further acknowledges and agrees that he received the default notice dated May 28, 1998, that he has failed to respond to the Complaint, that he fllUed to respond to the default notice and that a default judgment was properly entered against him. 3, Sean S, Dunne and Scott p, and Connie L, Merritts, by and through their attorneys hereby agree that the amount to be entered as judgment in the above captioned claim shall be $2,855,52 plus costs of $83,50 and filing fee of $15.00 for a total of $2,954.02. Exhibit A ... 4. Sean S. Dunne further agrees that judgment of $2,954.02 shall be entered against him by the Prothonotary of the CUmberland County Court of Common Pleas, 5, Sean S, Dunne has agreed to enter into a payment plan for payment of this judgment, 6, Sean S. Dunne recognizes and understands that if he fails to continue to make monthly payments pursuant to the payment schedule attached as Exhibit "A" the Plaintiff and/or their agents and assigns will have the right to certify this judgement to the Pennsylvania Department of Transportation for revocation of his driver's license. (~( s:!P..I./~ j) - Sean S. Dunne o~ cott D. Moore, Esquire as Attorney for Scott Merritts and Connie Merritts, t/a Topline Special Service .. EmIBIT "A" PAYHlDlT SCHBDULB 11AJa 00 Prine iDle Interest Balance Starting Balance 2,954.02 l. 09/01/98 100,00 100.00 2,854.02 2. 10/01/98 100,00 100,00 2,754.02 J, 11/01/98 100,00 100.00 2,654.02 4. 12/01/98 100,00 100.00 2,554.02 5, 01/01/99 100.00 100,00 2,454.02 6, 02/01/99 100,00 100,00 2,354.02 7. 03/01/99 100.00 100,00 2,254.02 8 , 04/01/99 100,00 100,00 2,154.02 9. 05/01/99 100.00 100.00 2,054,02 10. 06/01/99 100.00 100.00 1,954.02 11, 07/01/99 100,00 100,00 1,854.02 12. 08/01/99 100.00 100.00 1,754.02 lJ, 09/01/99 100,00 100.00 1,654.02 14. 10/01/99 100,00 100,00 1,554.02 15. 11/01/99 100.00 100.00 1,454.02 16. 12/01/99 100,00 100.00 1,J54.02 17. 01/01/00 100,00 100.00 1,254.02 18, 02/01/00 100.00 100.00 1,154.02 19. OJ/Ol/00 100,00 100,00 1,054.02 20. 04/01/00 100,00 100.00 954.02 21. 05/01/00 100,00 100,00 854.02 22. 06/01/00 100,00 100.00 754.02 :lJ. 07/01/00 100.00 100.00 654.02 24, 08/01/00 100.00 100.00 554.02 25. 09/01/00 100,00 100.00 454.02 26. 10/01/00 100.00 100,00 354.02 27, 11/01/00 100.00 100,00 254.02 28. 12/01/00 100,00 100.00 154.02 29, 01/01./01 100,00 100,00 54.02 JO, 02/01/01 54,02 54.02 0000.00 Loan Amount Interest Number of payments Payment per month 2,954.02 0,000.00 30 100.00 SCOTT MERRITTS and CONNIE MERRITTS, tla TOPLINE SPECIAL SERVICE, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plainlifts v. CIVIL ACTION. LAW SEAN S. DUNNE, Defendant NO. 97-6577 CIVIL TERM CERTIFICATE OF SERVICE I hereby cenlfy that on lhis date January 19, 1999 I mailed a copy of Motion to Vacate Appointment of Arbitrators to the following persons althe following addresses by U.S. Mail: SCOll Moore, Esquire 26 West High Slreel Carlisle, PA 17013 Sean S. Dunne 2001 Redbank Road Lot 400 Dover, PA 17315 . Andrews, Esquire