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SCOTT MBRRITTS and CONNIB
MBRRITTS, t/a TOPLINlIl
SPBCIAL SBRVICB,
PlaintiU.
I IN THB COURT OJ' COMMON PLUS OJ'
I ctlMBBRLAND COONT'Y, PBNNSYLVANIA
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SUN S. DtlNNB,
Defendant.
~7-6577 CIVIL ACTION
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STIPULATION
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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.
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Sean S. Il\ume
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..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 ~
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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 ,
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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.
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, counsel for the Ht~*"d..r J .,~--1n 11
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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.
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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,
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in consideration of the
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Esq., and
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,Esq., ars appointed arbitrators in the
above-captioned action (or actiona) as prayed for.
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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
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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
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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;
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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
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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,
.'
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,
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')
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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
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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
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I IN THB COURT OJ' COMMON PLDB or
I CUMBBRLANIl COUNTY, PIDlNSYLVAHIA
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I 97-6577 CIVIL ACTION
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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
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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.
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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
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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
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v.
SIAN S. DUNNI,
Defendant.
97-6577 ervIL ACTION
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STIPULATION
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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