HomeMy WebLinkAbout03-0675C~_._...u~_ N~fEALTH OF pENNSYLVANIA
COURT OF cOMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
DISTRICT JUSTICE JUDGMENT
NOTICE OF APPEAL
Notice is given that the c6)pellant has filed in the above Court of Commo~ PleGs oll a~c:)eal ~ the judgment rendered by the District Justice on the
date and in the co~e mention~l belov4.
I008K
This ~tice of A~I, ~ ~cei~d bY *~ District Jus~ce, will
~PERSGOEAS ~ ~ j~t f~ pos~s~ in this cas~
Signature of Prothonotary or Deputy
zl) coor.
/::7- / B
If appellant was CLAIMANT (see Pa. R.C.P.J.P. No.
1001 (6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
PRAEClPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before D/strict Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
, appellee(s), to file a complaint in this apped
Enter rule upon Name of
(Common Pleas Nc~ ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
S/g~uce of a~t o~ h~s attorney ~' ag~8
, appellee(s).
RULE: To ~ of ~oe~s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or 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.
COURT FILE TO BE FILED WITH PROTHONOTARY
AOPC 312-90
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WIT,~tlN TEN (10) DAYS AFTER fii/ng the notice of ;~ppeaL Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
AFFIDAVIT: I hereby swear or affirm that I served
[] a copy of the Notice of Appeal, Common Pleas No,
upon lhe District Justice designated therein on
(date of service) , [] by Pei~onalseT~ice [] b ~certified'; ' ' '
ieceipt attached h"e'ieio. ~up" ~n the ~'p~"~il~ fn~m;;i , y, ) ~reglstered) mail, ~enders
mail, sender's receipt attached h~tol [~ by personal ser¥ce [~ [-~y (certified) (recs~ered)
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THiS DAY OF
My comrnissior expms on
;OMMONWEALTH OF PENNSYLVANIA
;OUNTY OF: CUMBERLAND
Mag Oist NO.:
09 -3-03
DJ Name: Hon.
SUSAN K. DAY
^ddress: 229 MILL STREET, BOX 167
MT. HOLLY SPRINGS, PA
Telephone: (717) 486-7672 17065
SETTLE, E & R & NOSS, D & J
1233 CLAREMONT RD.
CARLISLE, PA 17013
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
~ETTLE, E & R & NOSS, D
1233 CLAREMONT RD.
CARLISLE, PA 17013
VS.
DEFENDANT: NAME and ADDRESS
~ITTING, DONALD
304 LOUISA LN.
MECHANICSBURG, PA 17055
lDocket No.: CV-0000364- 02 I ~
Date Filed: 12/02/02
THIS IS TO NOTIFY YOU THAT: FITTING,
Judgment:
~-~ Judgment was entered for: (Name)
~--] Judgment was entered against: (Name)
in the amount of $ on:
~'--~ Defendants are jointly and severally liable.
--] Damages will be assessed on:
F~ This case dismissed without prejudice.
~-] Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
DONALD
DISMISSED W/O PREJUDICE
DEF 001
(Date of Judgment)
(Date & Time)
Amount of Judgment $ .00
Judgment Costs $ .00
Interest on Judgment $ .00
Attorney Fees $ .0O
Total $ .0(]
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT ElY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER
ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE .
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
~ Date , District Justice
II certify that this is a true ~/nd correct copy of the reco.ld of the~ proceedings containing the judgment.
Date , District Justice
My commission expires first Monday of January, 2004 .
AOPC 315-03
SEAL
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing i!he notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF __~..~.~_..r~... .............................................. ;SS
AFFIDAVIT: I hereby swear or affirm that I served
.,~daCOpy of the Notice of Appeal, Common Pleas No. ~..¢ - ~, ~ _, upon,.~the District Justice designated therein o,n_
te of service) ,¢~ -/,¢ - ,¢...~ , [] by p. ersonal service j~ by (certified) (registered) mail, sender s
ieceipt attached her--e-i~,-~d upon'ii~'~appellee, (name) ~/-"'/:::~ _;.~._/.~ .... , ' , on
_/~"e':~ ...... /'~ ..... ,,~,~,5 [] by personal service,~ b~ (certified/(register~-~) mail,'~'~n~ ~r-~~-~'~ ~-~reto.
[] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addressed on by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME
THIS /.~-~.. DAY OF .~-.~~z~.~.~_~
~"~/'~i/;~;i;om ~E:;-ii~';;~G~ .....................................
, [] by personal service []
Signature of affiant
'-¢iii~'-$7o#/cia/ ................................. ~ NOTARIAL SEA1
· , '~,, , ! CORRINE L. MYERS No~rv Public
~ ~ommission E~pires May 27, 2003
F:~'ILES\DATAFILE\Gendoc.cur\10821-1 .aff/cer
Created: 2/21/03 2:37:08 PM
Revised: 2/21/03 2:52:52 PM
ELIZABETH and ROBBIE SETTLE, h/w,
Plaintiffs
Vo
DONALD FITTING,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003- 675 CIVIL TERM
CIVIL ACTION - LAW
:
: JURY TRIAL OF TWELVE DEMANDED
AFFIDAVIT OF SERVICE
I, Christopher E. Rice, an adult individual, being duly sworn according to law, depose and
state I served a copy of the Notice of Appeal by handing a copy to Paul Orr of the Law Office of Paul
B. Orr, at 50 East High Street, Carlisle, PA 17013, on the 21st day of February, 2003, at 2:30 p.m.
MARTSON DEARDORFF WILLIAMS & OTTO
Christopher E. Rice
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Sworn to and subscribed before me
this 21st day of February, 2003.
Notary Public
CORRINE L. MYERS, Notary Public
Carlisle Boro, CumberlandCounly
My Commission Expires Ma 27
.......... y .... 20.0,3
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
If YES,
~ Agent
.Addressee
different from item 17 [] Yes
· delivery address below: [] No
M '
ail [] Express Mail
I ~ Registered [] Return Receipt for Merchandise
[] Insured Mail [] C.O.D.
4. Restricted Delivery? (Extra Fee) [] Yes
2. Article Number 7001 2510 0006 5862 9350
(Transfer from service label)
102595-01-M-1424
PS Form 3811, March 2001 Domestic Return Receipt
h"llh"lll'"'"ih,ll,,,lhlh,,,,,Ihl,h,,,lllh,,h,hl
F:XFILES~DATAFILE\Gendoc.curM 0821 - 1 .aff2/cer
Created: 2/21/03 2:37:08 PM
Revised: 2/25/03 8:28:59 AM
ELIZABETH and ROBBIE SETTLE, h/w,
Plaintiffs
Vo
DONALD FITTING,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003- 675 CIVIL TERM
CIVIL ACTION - LAW
JURY TRIAL OF TWELVE DEMANDED
AFFIDAVIT OF SERVICE
I, Christopher E. Rice, an adult individual, being duly sworn according to law, depose and
state I served a copy of the Notice of Appeal by certified mail upon Defendant Donald Fitting, at 304
Louisa Lane, Mechanicsburg, PA 17055, on the 18th day of February, 2003. The Notice of Appeal
was returned "re~used." I again served a copy of the Notice of Appeal, by registered mail, on the
25th day of February, 2003, to Defendant at the address listed above.
MARTSON DEARDORFF WILLIAMS & OTTO
Christopher E. Rice
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Sworn to and subscribed before me
this 25th day of February, 2003.
Notary Public
NOTARIAL SEAL '
CORRINE L. MYERS, Not_~
CarliSle Boro, Cumberl~ _ I
Registered No. I _Date Stamp
Reg. Fee $ Special $ t~ '/- ~, ~"~'_ ~ ~--""?~.
~ ~.7 5ri [Delivery
~¢ Handling $ Return $ /
E o Charge ~fl_nn I Receipt ~fl_
o o Postage $ I Restr,cted
~ Rece,ved b~ ~
Customer Must Dec ~ ~ ~ ' rance In" ' ~e~
- II Value ~ / I I Insu
Pu ~ ~ ~ Without Postal (See Reveme)
~ ~I3_Rt~ / i/~ i Insurance
PS Form 3806,
June 2000
Receipt for Registered Mail (Customer Copy)
(See Information on Reverse)
Declaration of Value: You must declare the full value of all registered
mail articles at the time of mailing, whether you want to purchase insur-
ance or not.
With Postal Insurance: You can purchase postal insurance against loss
or damage by paying the appropriate fee.
Without Postal Insurance: You can also send an article by registered
mail without purchasing postal insurance. No indemnity is paid for unin-
sured articles. -.~
Indemnity Coverage: .c_
'~3
Domestic - Indemnity coverage for domestic registered mail is limited to
the lesser of (1) the value of the article at the time of mailing if lost or
totally damaged, or (2) the cost of repairs. Ask your postmaster for addi- .E
tional information about insurance limits and coverage. See Domestic
Mail Manual S010 and S911 for limitations of coverage.
International - Indemnity coverage for international registered mail is lim-
ited to the maximum set by the Convention of the Universal Postal
Union. Ask your postmaster and see the International Mail Manual for lim-
itations of coverage and individual country prohibitions and restrictions.
How to File a Claim: You must file domestic claims within one year of the
date the article was mailed. Effective January 1,2001, international
indemnity claims for loss must be filed within Six months of the date the
article was mailed. Make claims for complete or partial loss of contents,
damage, or alleged rifling immediately. For complete or partial loss or
damage present (1) this receipt, (2) the article, container, and packaging;
and, (3) evidence to substantiate your claim.
Please do not inquire about the status of your claim for at least 3 months
after you file. , ~.
F:~FILES\DATAFILE\Gendoc.cur\ 10821-1 .com/cer
Created: 2/13/03 7:57:28 AM
Revised: 3/4/03 11:8:52 AM
ELIZABETH and ROBBIE SETTLE, h/w,
& DAVID and JODY NOSS, h/w,
Plaintiffs
V.
DONALD FITTING,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003- 675 CiVIL TERM
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 Plaintiffs. 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
Telephone (717) 249-3166
Date: MarchL~k , 2003
MARTSON, DEARDORFF, WILLIAMS & OTTO
BYcarl ~ l~squir~'
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiffs
ELIZABETH and ROBBIE SETTLE, h/w, :
& DAVID and JODY NOSS, h/w, :
Plaintiffs :
V. :
DONALD FITTING, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003- 675
CIVIL TERM
1. Plaintiffs, Elizabeth and
individuals residing as husband and wife at 714 Union Drive, Newark, Delaware, 19702.
2. Plaintiffs, David and Jody Noss (herein, "Plaintiffs Noss"), are adult individuals and
fee simple owners of the property located at 1233 Claremont Road, Carlisle, Pennsylvania, 17013
(herein, "Premises").
3. Defendant Donald Fitting is an adult individual residing at 304 Louisa Lane,
Mechanicsburg, Cumberland County, Pennsylvania, 17055.
4. At all relevant times, Plaintiffs Settle were leasing the Premises from Plaintiffs Noss.
5. On or about September 1,2001, Plaintiffs Settle subleased the Premises to Defendant
by entering into a Residential Lease/Rental Agreement (herein, "Lease"). A copy of the Lease is
attached hereto as Exhibit "A" and incorporated herein by reference.
6. The Lease provided for a term of one year commencing September 1, 2001 and
ending August 31, 2002 (herein, "Term").
7. The monthly rental of the Premises was $575.00.
8. Defendant paid a security deposit in the amount of $575.00.
9. The Lease provided that Defendant make monthly payments to Plaintiffs Settle on
the first day of every month during the Term.
10 Defendant failed to pay the rent due for the month of August 2002 which was owed
to Plaintiffs on August 1, 2002.
11. Defendant vacated the Premises on August 19, 2002, before the Term of the Lease
expired.
Robbie Settle (herein, "Plaintiffs Settle"), are adult
COMPLAINT
CIVIL ACTION - LAW
12. Pursuant to the paragraph titled "Security" within the Lease, Plaintiffs Settle withheld
Defendant's security deposit of $575.00.
13. Plaintiffs Settle applied the security deposit to the unpaid rent due for the month of
August 2002; repayment was done according to subparagraph "B, .... E," and "F" under Security.
14. Defendant did not leave a forwarding address after vacating the Premises.
15. Pursuant to a letter post marked August 26, 2002, which was copied and sent to two
different addresses, Plaintiffs Settle notified Defendant he must remove all personal belongings
before August 31, 2002 at 5:00 p.m. See August 26, 2002 Letters attached hereto as Exhibit "B."
16. Defendant did not remove his personal property by August 31, 2002.
17. Plaintiffs Settle stored Defendant's personal property in their shed and continue to
store Defendant's property as of this date.
18. Pursuant to the paragraph titled "Hold Over" within the Lease, Defendant agreed to
deliver possession of residence in "good order and repair" to Plaintiffs Settle upon termination or
expiration of the Lease. See Exhibit "A."
19. Defendant violated the Lease by, inter alia:
a. Damaging the Premises above and beyond normal wear and tear. A copy of
the Estimated Repair Costs and Actual Bills is attached hereto as Exhibit "C."
b. Failing to pay rent for the month of August 2002.
c. Vacating the Premises before the Term expired.
d. Failing to remove all personal property from Premises after termination
and/or expiration of the Term.
e. Vacating the Premises without leaving a forwarding address.
20. Pursuant to the paragraph titled "Remedies Cumulative" (herein, "Remedies") within
the Lease, Defendant agreed to pay all expenses incurred in connection with the Premises ifa breach
of the Lease by Defendant was to occur.
21. Notwithstanding Defendant's contractual obligation under the Lease, Defendant did
intentionally, recklessly, and/or negligently damage the Premises causing $6,184.95 in damages.
22. Defendant has failed and refuses to pay for the damages caused by Defendant to the
Premises as required under the Lease.
23. Pursuant to the Remedies, Plaintiffs Settle are entitled to reasonable attorney's fees
and court costs incurred as a result of Defendant's breach of the Lease.
24. Plaintiffs Settle have demanded Defendant to pay for the above mentioned damages,
but Defendant still refuses to pay the same or any part thereof.
25. Plaintiffs Settle believe and aver that the fair and reasonable cost of making the said
repairs described above is $6184.95, as shown more particularly by the estimates and bills attached
as Exhibit "C."
26. Plaintiffs Settle have performed all conditions precedent under the Lease, including
all notice requirements.
WHEREFORE, Plaintiffs Settle and Plaintiffs Noss demand judgment against Defendant as
follows:
(A) in the amount of $6,184.95 less the $575.00 security deposit or for a total of
$5,609.95 for repairs/improvements and labor, exclusive of interests and
costs, not to exceed the compulsory arbitration amount of $25,000.00;
(B) a reasonable storage fee of $10.00 per day for the storage of Defendant's personal
property from September 1, 2002 to the date of this complaint;
(C) costs for this action, including costs for filing at District Justice, and attorney's fees;
and,
(D)
other relief this Court deems just and proper.
Date: March G~, ,2003
MART~Ot~~~,~ WILLIAMS& OTTO
Ely \ ~, ,X.~ (.~/~
Carl C. Risch ~
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiffs
Residential Lease/Rental Agreement
This agreement ma&this I $-~-~ day offS, 2001, is between E.J. Settle and R.J.
Settle (hereinafter called Management) and 'TE~c,~.. ~'i at~v-'~(?~ (hereinafter
called Resident). Management leases to Resident, and Resident rents fr~)m Management, residential unit
located at 1233 Ciaremont Rd., Carlisle, Pa, 17013. (Hereinafter called premises), under the following
conditions:
Term: The initial term of this lease shall be [ (°rxL'-") c.~ ~ , beginning
· .~(~_p~te_r,~,-l,-~c_x~ I ~-~ ,2001 and ending (txxqc> ~A~ ~--~, ~- ,2002.
Rent: Rent is payable monthly, in advance, at a rate of $575.00 (five hundred seventy-five
dollars) per month, during the term of this agreemc~t on the first day of each month. Rent
will include oil heat. Excessive use ofoil will result: in an increase in rent to
accommodate monthly budget plan. Resident agrees to pay $30.00 for each dishonored
check.
Security:
A security deposit of $575.00(five hundred seventy-five dollars) is required to indemnify
owner against damage to the property and for Resident's fulfillment of the conditions of
this agreement. Deposit shall be refunded upon Resident's vacating of property if:
A. Lease term has expired or agreement has been terminated by both parties; and
B. All monies due Management by Resident have been paid; and
C. Residence is not damaged and is left in its original condition, normal wear and tear
excepted; and
D. All utilities have be paid in full (includes electric, cable, and telephone).
E. Deposit will not be refunded if Resident leaves before lease time is completed.
Deposit may be applied by Management to satisfy all or part of Resident's
obligations and such act shall not prevent Management from claiming damages more
than the deposit. Resident may not apply the deposit to any of the rent payment.
F. Keys have been returned and a forwarding address left. Resident acknowledges that
he has approved and signed the "Residential Rental Property Move in/Move out
Inspection form" for any existing damages to residence and has been given the right
to inspect same.
Sublet:
Resident may not sublet residence or assign this lease without written consent of..
Management.
Hold Over:
Right of Access:
Resident shall deliver possession of residence in good order and repair to Management
upon termination or expiration of this agreement.
Management shail have the right of access to residence for inspection and repair or
maintenance during reasonable hours with 24-hour notification. In case of emergency,
Management (or their designate) may enter at any time to protect life and prevent damage
to the property.
Use:
Residence shall be used for residential purposes only and shall be occupied only by the
persons named in this lease. The presence of an individual residing on the premises who
is not a signator on the rental agreement will be sufficient grounds for termination of this
agreement. Residence shall be used so as to comply with all state, county, and municipal
laws and ordinances. Resident shall not use residence or permit it to be used for any
disorderly or unlawful purpose or in any manner so as to interfere with other neighbors
quiet enjoyment of their residence.
EXHIBIT "A"
Property Loss:
P~s:
Indemnification:
Remedies
Cumulative:
Notices:
Repairs:
Yard:
Entire
Agreement:
Management shall not be liable for damage to Resident's property of any type for any
reason or cause whatsoever, except where such is due to Management's gross negligence.
Resident acknowledges that he is aware that he is responsible for obtaining any desired
insurance for fire, theft, liability, etc. on personal possessioris, family, and guests.
Animals, birds, or pets of any kind shall not be permitted inside the residential unit at any
time unless the prior written approval of Management has been obtained.
Resident releases Management from liability for and agrees to indemnify Management
against losses incurred by Management as a result of(a) Resident's failure to fulfill any
condition of this agreement: (b) any damage or injury happening in or about residence or
premises to Resident's invitees or licensees or such person's property; (c) Resident's
failure to comply with any requirements imposed by any governmental authority; (d) any
judgement, lien, or other encumbrance filed against residence as a result of Resident's
action.
All remedies under this agreement or by law or equity shall be cumulative. Ifa suit for
any breach of this agreement establishes a breach by Resident, Resident shall pay
Management all expenses incurred in connection therewith.
Any notice required by this agreement shall be in writing and shall be personally
delivered or mailed by registered or certified mail.
Resident shall request any repairs in writing. Resident shall not repair or execute repairs
without consent and authorization of Management.
Resident is required to maintain his own yard and shrubbery.
This agreement and any attached addendum constitute the entire agreement between the
parties and no oral statements shall be binding. It is the intention of the parties herein that
if any part of this rental agreement is invalid, for any reason, such invalidity shall not
void the remainder of the rental agreement.
In witness whereof, the parties hereto have caused these presents to be signed in person
the day and year first above written.
/Management -
NUMBER OF RESIDENTS LIVING WITHIN THE PREMISES:
Resident(s)
Don Fitting
C/o The Brambles
1776 Louisa Ln.
Mechanicsburg, Pa
17050
Dear Don,
Per our phone conversation of August 20, 2002, you will have until August 31,
2002 at 5 p.m. to remove the rest of your personal belongings from the residential unit
located at 1233 Claremont Rd., Carlisle, Pa. Any items left after this time will be
removed by management.
As you did not leave a forwarding address, I hope that this letter reaches you in
time to react to this letter. I will be sending a letter to the new address, which I have
confirmed with the management of that facility. I hope you receive one of these two
letters, as your negligence to adhere to the lease is the reason for these actions.
Two dressers and two mattresses are in the house. The rest of your belongings are
in the shed you where given for storage of your personal items. You will have to contact
me in order to retrieve these items, as I indicated to you during our phone conversation.
Your failure to contact me in no way relieves you from the date/time limit.
Cordially,
EJ Settle
Don Fitting
1233 Claremont Rd.
Carlisle, Pa 1703
Dear Don~
Per our phone conversation of August 20, 2002, you will have until August 31,
2002 at 5 p.m. to remove the rest of your personal belongings from the residential unit
located at 1233 Claremont Rd., Carlisle, Pa. Any items left after this time will be
removed by management.
As you did not leave a forwarding address, I hope that this letter reaches you in
time to react to this letter. I will be sending a letter to the new address, which I have
confirmed with the management of that facility. I hope you receive one of these two
letters, as your negligence to adhere to the lease is the reason for these actions.
Two dressers and two mattresses are in the house. The rest of your belongings are
in the shed you where given for storage of your personal items. You will have to contact
me in order to retrieve these items, as I indicated to you during our phone conversation.
Your failure to contact me in no way relieves you from the date/time bruit.
Cordially,
EJ Settle
September 25, 2002
Don Fitting
304 Louisa Ln.
Mechanicsburg, Pa 17050
Dear Don,
Pursuant to Pennsylvania statute, this letter is to inform you we will not be
refunding your securit3, deposit. Your security deposit will be applied to the following
damage costs and unpaid rent.
Non-paid rent for August 2002
Damages to property(see attached estimates)
Septic bill to unclog
Total
less non-refunded deposit
$575.00
$5549.95
$ 60.00
$6184.95
-575.00
Grand Total: $5609.95
Cordially,
EJ Settle
Enclosures
Cc: file
Attorney
Certif ed Fee .........
tEn,lo, seine,it ft ~quiredl .......... ~ , -'
¢ - , X /~,%.........'
~ ' ~ .............................. -..~0 .. ', -.~.
mm I-~;~ ~'.2~'~ ........../.Z"; ....... ; ................ ~-':-~ ..............
~ ~;;;;,T~'¢'~ ~,;:i ................................ ' ...................
EXHIBIT "C"
Bramwell & Sons
1236 Claremont Road
Carlisle, Pennsylvnia
17013-9 742
(717) 243-1121
Cell: 580-4314
September 6, 2002
Estimate of damage to property at the address of 1233 Claremom Road, Carlisle, Pa.
1 sheet plywood (downstairs bathroom) $19.25
1 toilet collar 24.96
1 toilet seal 4.83
2 boxes tile (20 sq. fi.) 50.00
LABOR FOR BATHROOM
345.00
I 18x30 bathroom sink cabinet
LABOR TO INSTALL
137.00
65.00
1 plaster patch $11.98
LABOR TO PATCH HOLES
2 gal. Kilz (to cover marks in ceiling and walls 19.96
20 gal. Room paint ($19.97 a gal.) 399.40
4 Ceiling paint (3.5 gal. Tubs) 79.88
LABOR TO PAINT ROOMS,ETC.
1 12x24 window pane plus glazing
LABOR TO REPLACE GLASS
1 globe for overhead fan w/light
8.00
5.00
85.00
850.00
20.00
TOTAL S:
$760.26 $1,365.00
Grand Total for repairs: $2,125.26
Replace carpet in living room, dining room,
Stairs, 18 sq fi., landing 4' x 3'
Upstairs hallway 10'6" x 7'
Bedroom 13'6' x 15'1"
(15'1" x 14' each)
Attached sheet fi.om Lowe's
Illllli l!lllgllllll
PLEASE INDICATE ADDRESS (;~*,~, NGE BELOW.
New Street
New City New State Zip
New Home Telephone
CO7 G340 1~105 0022072 001-002
ROBBY JSETTLE
1233 CLARE~ONT RD
CARLISLE PA 17013-9742
I,,,lli,,,llh,,,,,ll,,IJ,l,l,,I,,,I,l,,I,,I,h,ll.,ll, ll,,,I
Account Number:
Payment Due Date:
Minimum Payment:
Payoff Amount:
(See Promotional Summary)
Indicate Amount Enolooed:
816
0221 611695 0
10-03-02
.00
667.06
I 1
Make your check payable to towe ls/IVlCCJ~G.
PLEASE READ THE ENCL~ED THpORTANT C.ANOE-IN-TERtlS
NOTICE REQARDINO-YU ~., THIS NOTICE HAKES
CHANGEs To yOUR CA~R ~EHEWr; c~S HAY DEl
PO BOX 105980 DEPT.79
ATLANTA GA 30353-5980
I,,Ihll,,,,,ll,,hl,,,ll',l,l,l,l,,I,,hlh,,h,hll,,,,lh,I
0000000 O O000000$O0.O000000001=6?OI=07':IOOOEEI, 0OOObl,'L L,~IS030;·
PAGE I OF 2
Detach and mail this portion with your check to the address above.
32
08-&1 S9~3~
CREDXT LXNE 415000
BTO~E ~OS MECHANZC~BURG, PA,SPECZAL PRONOT2:ON,
PAzI~r - ZNTERZ~ - ANER ZCAH TR.4DTT'rON,
PAZNT- HASTERCHEN, JELHAR,
667.06
policy, you need not
REG = REGULAR PURCHASE PLAN
BEE ACCOHPANyTNG PAOE($) FOR ADDXTZONAL DETAZLS,
.0
TOTAL . O0
IB =..JjJj
] ............... ~11__ ~_ ......... O_~ .... &&7. o& .. ~, O0 ~17_,_Q6~ .00
) .00 .OO 667.06 .O01 667.06 .OO
P~AGE ~na~e ~ge f~ this bi~- : ~ ~
II. 00~ E~[RE BALl CE
11 · ~O~ E~IRE BALd CE
J REG J .OS7.q4Z DilLY
j DlQ ] .652&1Z DAILY
Purchases. reruns, and pmymmtts made jusl ~; ;, ?o billing date may not appm,~ until i'~xt month's staf..em(mt.
Unless profiloUons carl ~' ~ ~ ad~ ti<n ~i lift,Ace charges can h~ avoided i~ we receive the new balance by the due dale.
INQUIRIES:
Send inquiKes (not ~ayment) and four ~: ount number to:
~ PO BOX 10308g
ROSk3~LT., GA 30~76
NOT~CE: See reverse side for im ~ :ant Biffing Rights
CUSTOMER SERVICE:
Foe account information call toil free:
(800)444-2082
PA YMENTS:
PO BOX 105980 DEPT.79
ATLANTA GA 30353-5980
PLEASE INDICATE ADDRESS CHAf~GE BELOW.
New Street
New City New Slate Zip
New Home Telephone
¢07 8340 DOO5 00~2625 OOX-O06
ROBBY J SETTLE
1233 CLAREBONT RD
CARLISLE PA 17013-9742
I,,,IJJ,,,lll,,,,,,ll,,ll,l,h,l,,.IJ,,h,l,l,,ll,,,IMl,.I
Account Number:
Payment Due Date:
· Minimum Payment:
Payoff Amount:
(See Promotional Summery)
Indicate Amount Enclosed:
816 0221 611695 0
11-03-02
.00
4298.79
I' I
Bake your check payable to Lowe's/~CCBG.
Visit your nearest Lovo's for a FREE COpy of
the n~ b Inyostimnt Guido. I*'s full of
i~as ~ ~oj~%s to ~lp ~ ~ave ~y ~
~ vel~ to ~ ~
PO BOX 105980 DEPT.79
ATLANTA GA 30353-5980
I,,Ihll,,,,,lh,l,h.ll,,I,l,l,I.M,Ih,,h,l,ll,,,,ll,,I
O000-OOOO0000000~OOOOOO0.O00q 3~0~707~000PE% O000E~].E~5030~
PACE I OF 6
816 0221 611695 0
J 10-08-02 t 11-03-02 [ 29
09- 09 266~1
09- 09 26642
09-14 59847
09-20 27852
CREDXT L%NE $5000
PONER FLO,
8TORE 0217 CHRX8TXAHA, DE,
FI. OO~XN~ - I. AHXNATE FLOO~XN~.
FLOORXNQ - LAMINATE FLOORXH~,PAZNT-ZNTERI'OR-TEXTURE
REG · REGULAR PURCHASE PLAN
SEE ACCOHPANYXNG PAGE¢8) FOR ADDXTXONAL DETAXLa.
423.37CR
402.17
38S, 07
655,30
~' CHARGE ':
TOTAL 667.06 ~i41.36 I 42.18 ~0073.09 .00,
~3~0.97
BXG .0326X~ ~XLY 11.90: E~RE BALA EE
INQUIRIES:
Send inqukfes (not paymem) and yom account number to:
PO BOX 103080
ROSWELL, GA 30076
NOTICE: ~ ~rse, s~ ide {~r important Billing Rights
CUSTOMER SERVICE:
For account information call to# f~e:
(8oo)444-2o82
PAYMENTS:
Sired ~ymen~ to:
PO BOX 105980 DEPT.79
ATLANTA GA 30353-5980
IIIIIIIIl lllll
PLEASE INDICATE ADDRESS CHANGE BELOW.
New Street
New Cily New State Zip
New Home Telephone
C~7 8~&0 0005 002262S 0Q2-004
ROBBY J SET?L~.
1233 CLARKItONT RD
CARLISLE PA 17013-9742
I,,,!11,,,111,,,,,,11,,11,1,1,,I,,,!,1,,I,,I,1,,11,,,11,11,,,I
Account Number:
· Payment, Due Date:
Minimum Payment:
Payoff Amount:
(See Promotional ~)
Indicate Amount Enclosed:
816 0221
611695 0
11-05-02
.00 ,,
4298.79
I I
Make your check payable to Lowe's/MCCBG.
jVlstt your n~ar'est Lowe's for · FREE °opy of
the new ~ iAvesimmmt guide. It's full of g~et
PO BOX 105980 DEPT.79
ATLANTA GA 30353-5980
I,,IMI..,II,,I,I,.II,,I,I,I,I,,I.I,II,.I,,MI..II.I
OOO000000OOOOOO$O00OOOOOODq3qoflIOIqOOOEE],OOOOb$1,1=qSO:lOE
PAGE 2 OF 4 Detach and mail this portion with our check {o the address above_
816 0221 611695 0 10-08-02 11-03-02 J 29
.JACK I~)8TB/I~ABENENT POSTE, pRI'NERB - MASTIB~CHEM,
8PECI. AL PRONOTI*ON .
PI~TONAL PULSE - SEE SU~RY
09°22 59477 ON, 615,49
PAZNT
09-.2a ~a366 STO~E!~~T~ON, 160.. 30
VYMURA #ACtPAP~R;'F~OORXNO'- C~R
~UMB]~.- TELED~E ~M~
BATH: S~. C~AZN~:PL~ZM~UAT~ FZLTn8 t ~CE8,
WACLPAP~ BORONS.
PReTZeL ~SE - SEE
BEG n REGU~ P~C~SE PLAN
SEE AC~HPANYZ~ P~EiB) F~ ADDZTZOML
~HNANCE
INQUIRIES:
Send inquiries (not payment) and you~ account number to:
PO BOX 103080
ROSWELL, GA 30076
NOTICE: see rev&se s/de to~ important Billino Riehts
CUSTOMER SERVICE:
For account information caff to# free:
(800)444-2082
PAYMENTS:
PO BOX 105980 DEPT.79
ATLANTA GA 30353-5980
AccountNumber: 816 0221 611695 0
,Payme, nt Due Date: 11-05-02
Minimum
I~ayment: .
00
Payoff Amount: ~298.79
~'~ :~c~ ~ (~e ~omotional Summa~)
PLEASE IND~ATEADDRESS CHA~EBELOW. V]I[{ y~ ~a~ll~ L~I fo~ a FREE copy
~*S ~d P~O~*=~*~o h*~P you s.ye ~on*y ~d
New Home Te~ne
ROBBY J SETTL~
1233 CLA~HO~ RD
CARLISLE PA 17013-9742 PO BOX 105980 DEPT.79
~TL~TA GA 30353-5960
I.JiI.JIl...ll.lUJ.l.,M.I.M.II.,ll,ll.,I
O00DDOOOOOOOOOO~ODDOOOOOOO~3~OR707flOOOEE~OOODh~ ~qeo3flE
PAGE 3 OF 4
Detach and mail this poilion with your check to the address above.
816 0221 611695 0 ,[ 10-08-02
11-03-02 [ 29
09-28 92421 176S. 26
i:rn .......... ~' .......
09-28 64357 BTORE 0405 HECHANXCeBURG, PA, 91,42
PLAGe/AHER XCAN/BTATE/ACCEBeOR X ES, 8HOKE DETECTOR~,
TOOI. B - TORCH KZTE & ACCEBe,)wALLPAPER ADflEBXVEe,
OLY#p'r C, PLUI4BZNG - F3:TT~.BPECZALTY,
RUGB~ (PAD),
REG · REGULAR PIJRCHABE PI. Afl
GEE ACCOHPANYZNG PAGEIe) FOR ADD/TIONAL, DETAZLB.
INQUIRIES:
Send ~irfes ~t ~yn~',t/ a~ ~ur ~nt num~ ~:
PO BOX 103080
~OSk*~L[, GA 30076
CUSTOMER SERVICE:
Fo~ account information call t~l free:
(800)444-2082
PAYMENTS:
PO BOX 105.980 D~-~T.79
ATLANTA GA 30353-5980
NOTICE: See reve'rse ~de for impo~ant Bi~#r,e Ri~ts ..............
IPeck,s Septic Service
68 Pine School Road
Gardners Pa. 17324
(717)-486-5548
MRS. BRAMWELL
1236 CLAREMONT ROAD
CARLISLE PA. 17013
PROPERTY ADDRESS
1233 CLAREMONT ROAD
CARLISLE PA. 17013
Previous Date Pumped: 12/24/2001
Date Pumped: 7/22/2002
Billing Date: 7/23/2002
Pumping Charge: $40.00
Labor Charge: $20.00
Material Charge: $0.00
Service Charge: $0.00
Total Due: 10% Added After 30 Days $60.00.
_ T~K.._YO_U ?
DUG OPEN TANK,UNCLOGGED INLET LINE,CLOSED UP,PUMPED 400 GALLONS
****************** THANK YOU, PLEASE CALL AGAIN *****************
Next Due To Pump:
v,, , j THANK YOU FOR LETTING US SRRVE YOU.
~ I (.JMI:::H H~I_.A ! I(.)tV.,~: ! '~ //-Lumber4U: {,totFtree)
(586~2374)
flU] IALLM,~UL~I:: HLL
KENT, OH 44240
&OtO
i
(717) 766-8562
-SALE-
StiLES #: S0405H62 67970 08-19-02
108938 GEORGIAN C8N80 SG 43.97
SUBTOTAL: 43.97
TAX 38550: 2.64
INVOICE 64257 TOTAL: 46.61
BAL~CE O~E: 46.61
UISR : 46.61
^XXXXXX^X^^^9019 0306 125866
0405 TERmINaL; 64 08t19/02 14:29:48
IIIIIIIIIIIIIIIIIII
TH~N~ YO~ RJ S TRRNSPORT LLC
FOR S~PPIN8 LOUE'S
RECEIPT REQUIRED FOR CASH REFUND.
CHECK ~URCHP.~AE REF~OS REQUIRE
15 0~¥ ~IT PERIOD FOR C~SN B~CK.
STURE NGR: JACK HELSEL
UE XAUE THE LO~EST PRICES. GUARANTEED)
IF YOU FINU A LO~ER PRICE. ~E UILL
BERT IT BY 10%. SEE STORE FOR DETAILS
DO NOT LOAD FROM:THIS TICKET
ELIZABETH and ROBBIE SETTLE, h/w,
& DAVID and JODY NOSS, h/w,
Plaintiffs
V.
DONALD FITTING,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003- 675 CWIL TERM
CIVIL ACTION - LAW
VERIFICATION
I, Carl C. Risch, have prepared the foregoing Complaint. The factual statements contained
therein are true and correct to the best of my knowledge and belief. I am authorized to make this
verification on behalf of my clients, Elizabeth and Robbie Settle, who are outside the jurisdiction
of this Court, and David and Jody Noss, who lack sufficient knowledge or information. The facts
set forth are based upon my review of the documents and information furnished by my clients.
This verification is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsifications to authorities, which provides that ifI knowingly make false averments, I may
be subject to criminal penalties.
Dated: March 4, 2003
F:WILES~DATAFILE\Gcndoc.cur\ 10821 - 1 .com/cer
CERTIFICATE OF SERVICE
I, Steven J. Shanahan, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Complaint were served this date by Via Hand Delivery or
depositing the same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed
as follows:
Donald Fitting
304 Louisa Lane
Mechanicsburg, PA 17055
Via Hand Delivery
Law Office of Paul B. Orr
Attn: Paul Orr
50 East High Street
Carlisle, PA 17013
MARTSON DEARDORFF WILLIAMS & OTTO
Steven J. S~[nah~m
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: March 4, 2003
ELIZABETH and ROBBIE SETTLE, h/w,
& DAVID and JODY NOSS, h/w,
Plaintiffs
DONALD FITTING,
Defendant
: IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003-675 CIVIL TERM
CIVIL ACTION - LAW
ANSWER TO COMPLAINT
AND NOW, this 24th day of March, 2003, comes the Defendant, Donald Fitting,
pro se, hereinafter referred to as 'T' and answers the above captioned Complaint as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted. By way of further answer, upon notification that I had to vacate the
premises by August 31, 2002, it was my intention to first secure a new place to live for myself
and my two daughters, and then pay my final months rent. Additionally, upon returning to the
premises, I found that the locks had been changed on August 19, 2003, with all my remaining
being trash, I still had twelve days remaining to remove all trash and any make any minor repairs
necessary according to the terms of the lease. I feel they violated, the terms of the lease.
11. Denied. To the contrary, I never vacated the premises. In fact, the Plaintiff's
changed the locks on said premises August 19, 2002, which prevented me from entering the
premises and removing the remainder of my belongings to fulfill the terms of the lease.
12. Admitted.
13. Admitted.
14. Denied. To the contrary, not only did the Plaintiff' s know where I was moving,
they also filled out a reference paper and returned it to the Brambles Office (my new residence)
personally.
15.
letter.
Admitted. By way of further answer, I do not recall ever seeing and receiving a
16. Denied. To the contrary, I did remove all personal belongings, the remaining
items being trash, that I was more than willing to remove, but did have the chance to due to the
locks being changed on August 19, 2003, before the lease had expired.
17. Denied. To the contrary, I have all my personal property.
18. Admitted. By way of further answer, I never had a chance to deliver possession of
the residence in good order.
19. A. Denied. To the contrary, there was no major damage done to the house by
me or my daughters.
B. Admitted. By way of further answer, I did intend on paying the last
months rent, however, I had to find a new place to live in addition to the Plaintiff's locking me
out on August 19, 2002.
C. Denied. To the contrary, I did not vacate premises before the term expired.
D. Denied. To the contrary, all of my personal belongings were removed. What
remained to go to the dump, however, since the Plaintiff's took it upon themselves to change the
locks on the doors on August 19, 2002, and put my remaining trash in the shed, I fell that they
should be responsible for it.
E. Denied. To the contrary, Plaintiff's had knowledge that I was moving due to the
fact that they filled out and delivered to the office of the new residence, a recommendation for
me to live there.
20. Admitted. By way of further explanation, I did n~ot break the lease. The
Plaintiff's broke the lease when they changed the locks before my lease was to expire on August
31, 2002.
21. Denied. To the contrary, my daughters as well as'. myself at no time caused the
amount of damage that the Plaintiff' s are claiming.
22. Admitted. By way of further explanation, I refused to pay for damages not
caused by me or my daughters.
23. Denied. To the contrary, I did not break the lease, therefore, Plaintiff' s should be
responsible for their own cost.
24. Admitted. By way of further explanation, I did not cause the damages, therefore, I
am not responsible for paying to remodel the Plaintiff's property.
25. Denied. To the contrary, the Plaintiff's took it upon themselves to remodel the
house and now Plaintiff's want me to pick up the costs.
Date:
Respectfully Submitted:
Mechanicsburg, PA 17050
(717) 761-5232
ELIZABETH and ROBBIE SETTLE, h/w,
& DAVID and JODY NOSS, h/w,
Plaintiffs
DONALD FITTING,
Defendant
· IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003-675 CIVIL TERM
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Donald Fitting, Defendant, pro se, hereby certify that a copy of attached Answer was
served upon the following by hand delivering a true and correct copy of the same to the following
address.:
Carl C. Risch, Esquire
MARTSON, DEARDORFF, WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
(717) 249-3341
By: Dona~l~Fitting, De"f~en~ant,
Dated:
ELIZABETH AND ROBBIE SETTLE, h/w,
& DAVID AND JODY NOSS, h/w,
PLAINTIFFS
DONALD FITTING,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
C~BERLAND COUN~, P~-RNSTLVANIA'
NO.2003-675 CIVIL
CIVIL ACTION - LAW'
RIFLE 1312-,1. The Petition for Appointment of Arbitrators
tn the following form:
pETITION FOR APPOINTMENT OF ARBITRATORS
shall be substantially
TO THE MONORABLE. THE JUDGES OF SAID COURT:
, counsel for the plaintifff~~ in
CARt C. RT.qC,~
the above action (~)' respectfully represents that:
1. The above-captioned action ~) is ~) at issue-
2. The claim of the plaintiff in the action is $ 6,184.95
The counterclaim of the defendant in the action is $0 '
The following attorneys are interested in the case(s) as counsel or are other-
wise disqualified to sit as arbitrators: MARTSON DEARD~RFF WILLIAMS &
OTTO; PAUL B. ORR, LAW OFFICE
WHEREFORE, your petitioner prays your Honorable Court to aop0int three (3)
arbitrators to whom the case shall be submitted.
R pectfull Submitted,
CARL C. RISCH~ ESQUIRE
ORDER OF COURT.
,
above-captioned action (or actions) as prayed for..
P, .J.
E
VS.
No.
In the Court of Common Pleas of
Cumberland County, Pennsylvania
O 0~7~ ~l.~oo:~
.O
Attorney for Plaintiff
No. Term, 19 __
'CS,
PRAECIPE
Filed
19
, Atty.
: NO.
OATH
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
We do solemnly 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, chai~ - -~~ ~'~? ~ ~~--
AWARD
We, the undersigned arbih'ators, having been duly appointed and sworn (or affirmed), make
the following award:
(Note: If damages for delay are awarded, they shall be separately statedO
· Arbitrator, dissents. (insert name if~.~
Date of Hearing: 7-~-~ -~
Date of Award: 7- ~' -C~ ~
NOTICE OF ENTRY OF AWARD
Now, the o~3/'~ day of ~-f~-Ty , 200,3, at .~_._: ~q, ~ .M., the above award
was entered ,upon the docket and notice thereof given by n3~I to the parties or thg~tomeys.
Artibitrators compensation to be
Paid upon appeal: '( l'~ot~onota~y.,~'~ ' ~ /
$290.00
'
~vl O
ELIZABETH and ROBBIE SETTLE, h/w,
& DAVID and JODY NOSS, h/w,
Plaintiffs
V.
DONALD FITTING,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003- 675 CIVIL TERM
CIVIL ACTION - LAW
PRAECIPE TO ENTER JUDGMENT
TO THE PROTHONOTARY:
PLEASE enter judgment against the Defendant, Donald Fitting, in the amount of $1,750.00,
pursuant to the Arbitrator's Award in the above-captioned matter.
MARTSON DEARDORFF WILLIAMS & OTTO
Carl C. Risch
I.D. Number 75901
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Date: August 26, 2003 Attorneys for Plaintiffs
CERTIFICATE OF SERVICE
I, Steven J. Shanahan, an authorized agem for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Paul B. Orr, Esquire
50 East High Street
Carlisle, PA 17013
MARTSON DEARDORFF WILLIAMS & OTTO
~teven J. S[lanahan
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: August 26, 2003