HomeMy WebLinkAbout03-1823
PENRAC, INC. d/b/a
ENTERPRISE RENT -A-CAR,
3 Crossgate Drive, Suite 201
Mechanicsburg, P A 17055
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 03- /f:13
: CIVIL ACTION - LAW
JUDYVANATIA,
435 East Crestwood
Camp Hill, PA 17011
Defendant
: ARBITRATION
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice
are served, by entering a written appearance personally or by attorney and filing in writing
with the court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the court without further notice for any money claimed in the
complaint or for any other claim or relief requested by the plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
PENRAC, INC. d/b/a
ENTERPRISE RENT -A-CAR,
3 Crossgate Drive, Suite 201
Mechanicsburg, P A 17055
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: NO. 0.1..- 1<i)':1
: CML ACTION - LAW
JUDYVANATIA,
435 East Crestwood
Camp Hill, P A 17011
Defendant
: ARBITRATION
COMPLAINT
AND NOW , comes the Plaintiff, PENRAC, Inc. d/b/a Enterprise Rent-A-Car
(hereinafter referred to as "Plaintiff') by and through their attorneys, Killian & Gephart,
LLP, and does hereby file this Complaint against Defendant, Judy Vanatta (hereinafter
referred to as "Defendant"), and in support avers as follows:
1. Plaintiff, PENRAC, Inc. doing business as Enterprise Rent-A-Car is a
Pennsylvania corporation with an address of3 Crossgate Drive, Suite 201, Mechanicsburg,
Cumberland County, Pennsylvania 17055.
2. Defendant, Judy Vanatta, is an adult individual currently residing at 435 East
Crestwood, Camp Hill, Cumberland County, Pennsylvania 17011.
3. On or about March 28,2001, Defendant rented a 2001 Chevrolet Silverado
from Plaintiff.
4. Defendant planned to return the vehicle to Plaintiff on or before April 2, 2001.
5. On or about March 29, 2001, Defendant was operating the rental vehicle on an
access road off of Slate Hill Road in Camp Hill, Cumberland County, Pennsylvania.
14. The cost to repair the vehicle totals $14,869.88. (See estimate attached as
Exhibit "B").
15. Defendant has refused to reimburse Plaintiff for the cost to repair the car
thereby breaching the aforesaid rental agreement.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter
judgment in its favor and against Defendant in an amount that does not exceed the statutory
limit for compulsory arbitration plus costs and fees and such other relief as this court deems
just and proper.
Respectfully submitted,
Dated: April 2, 2003
WC-.-
Michael J. O'Connor, Esquire
Attorney 1. D. #76127
Killian & Gephart, LLP
218 Pine Street
P. O. Box 886
Harrisburg, P A 17108
(717) 232-1851
Attorneys for Plaintiff
3
(}J )-310 - J.l
. ..
VERIFICATION
SCANNED
I hereby verify that the statements of fact made in the foregoing document are true
and correct to the best of my knowledge, information and belief. I understand that any false
statements therein are subject to the penalties contained in 18 Pa.C.S.A. ~4904, relating to
unsworn falsification to authorities.
Enterprise Rent-A-Car
~
By:
EXHIBIT "A"
-~---"~'.~F;""""" .-' '.' .. i.'~ -'~""'~"'" '~'f:
'B. IFSLPISflotpurCh~sed::... ..... .' '. ,,~. .. ~~
Owner does not proVide, 'extend, or "afford any Insurance Coverage tci IT
or any passenger through this agreement Owner's financial responsiblli
is eXp'l"essly limited to those applicable' Provisions_of the motor vehlc
'financial responsibility laws of the state in whiqh the cir is regIstere,
' O~er's financial responSlbfIi!y;wi/! ;be excess Over any valid and collectJbl
liability insuran~e, :rhis means that my insurance is primary, and I agre
to present a e1aim to- my lnsuranpe company for all {jamages and costs, I
the event that I fail to do so, 1 a:.uthorize OWner to present a claim to m
insurance company.
5, OWNER's FINANCIAL R.ESPONSIBII..ITY AND SLP, IF PUl;lCHAseo; DOE:
NOT APPLY: " "
(a) if the vehicle is operated cutside of the U,S. ,or Canada;
(b) H tf.1e clri.ver is under the age of.2.1.; . . .
(c) 10 injuries to me or any authoriied driver or family members ot" driver:
related by blood, marriage, Of .adcpllon res/ging, In the same ~ousehold;
(0) If the vehicle Is operated by any person 'otner than me without Writta!
consent of owner;.. . . '.
(e) to uninstlred motorist, PIP, 'and no.fault claims';
(f): .to inju\ies to me, driver, or passengers w,hiie 'riding in, alighting from
. entering or on rental car; . .', .
,(g} .to JiabiUtY.. .!mpqsed 'UPC?l1. or .$lSSlJl!1ed bY_?-nypne unger" any workers'
comoensatlon act; plan or contract; ."
(h) to bodily injury or property.damage occurring. while the' 'car is used for hire;
(i),. to any property owned by or in the care ofm~;' .
.0). if any' of the ~iITlS, cqndltions,. ~r fir:nitatfol'ls .of thIs contract are .\iiO.lated,.
6A PERSONAL INJURY PROTECTION AND. UNINS"lJREO-UNDER~
INSURED MOTORIST PR~TECTION. is neither pontemplatiOld, nor provided as .part
of thi$ agreement. I. expressly wa/ve any rights to claim perBonal injury protection,
uninsured, or underinsured motorist. protection frOm Owner. '. '.
'68.. .! See face 'of contract ~.' ','. .
. 7. PERSONAL ACCIDENT INSqFt.li.'NCE (PAl): dO€,s not cover third parties for
. damage$ or Injuries. .fAI Is limited to reimburSing me, cr. passengerS for medical
. expenses,incurred. PAl is applicable only If I request Coverage by initialing applicable
brock on~face cfthis agreement. PM is subject lo-terms'and conditions in the actual
policy...... ..'_ . '_., . _. .
8. Acci6ents' must be'rePbrted"in writing to the Q~igln~l,rental offrce .wbere the car
was r.ented' and no later than 24 hours afler the acCJdent~J -must immediately deliver
to. the original rental office from where the vehi~le;was rent~d'e.very'process, pleading
or pape~ relatin9. to. ,any claims, suits ~t P'roce~dlngs. I shall ~Orajd any. clairpant hut
shall cooperate. fully Wltf:t Owner In aJlmanner~ connected With any claims or suits-:
9. ViOLATIONS OF THE 'CONTRACT: A violation of the-'contract shall exIst lIthe.
car is lJsed or driven: . . "
(a] Inv~,?lation .of..any t,m:n' or ?:on5lltiof!',9fthis ag'r.~~ment. ' " . , : .
. (b) Foqny, illegal purpose, in a )qce, speedlconteSt, t6, tew. a v,ehicle or trailer,
. (ci) By any person J!;.there is reasonable ~viden&, thaI they Were under the
IntJuen,ce t?t Qarcotics, intoxicants or drugs, ..,:" . , . :
~y any. persol'1 other than .me ',yithoul wrltten consent of OWner.
. , Written consent of Own.er.
n my o~ 1 warrant that the license
rentei!-:/s'Jny. own and furry valid.
ure the, keys: .
'jI;liii[i;ifu road or driveway:
n . a'nn~lor if the c?\r is deliberately damaged.
If I misrepresent facts to Owner as to rental, Use of ,dperation cf. the car,
For transportation of persons or property for hire. . .
(f) 'To carry passengers in exce~s of the allowable sealbelts.
(m) 111 violation of any faw, ordinance .or regulation goveming the use or retum
. ';," of ~M, Car. . '. . '. . ' ...... .
10, .My rlghuo' us~ t~ls car ends Imme,diately if.' violate the contract: I a!;1ree'to
st?~ uSing th,€!!c<;lr. I WIll pay all expenses tncun:ed by'Owner in returnIng the car..to.
ol1gmal place of rental. I agree any continued operatior'! of car after vtolation is an
operation without ~he knOwledge, consent or permIssIon of ONher, '
'Owner ~ay 1'lptlf)i Police said car has been stolen: }Mfea~.e'Owner from any liability
and all clarmll'or ~ nature arising as a result of lrtfaiJthOrized Use Owner lias the
right I? seize; Without legal process, or n'O\lc~ to me/bat-at any lime ~r place. I waive
all cla!ms for dam~ges connected with seizure.' . n ; . ._' '.
. 11. I sliaR def~nd, indemnify, and ;hold 'Owner Iiartnless from :all Josses, liabilities,
damages, injuries;' claims; demands, costs and :'?expenses connected with 'the
POssession or,use cf the car. " . . , '" ,
12. I AUTHORIZE: OWNER TO 'SUBMIT FOR PAYMENT DEBIT' AND CREDIT'
CARD VOUCHERS: . . _, : . . , ,
(A) IF EITHER HAS BEEN'PRESENTED'AS A MEANS 'OF DEPOSIT OR.
&2.CURriY AT lnE 'flMt: CAH WAS RENTE:O. .' .... ~ '.. .
(8) IF ANY THIRD PARTY TO WHOM A BIL]:.)NGWAS DIRECTED REFUSES
TO MAKE A PAYMENT. . ,'. : , _ :
'13. POWER OF ATTORNey. 'appoint to-OWner a -Limned Power of Attomey t~
presenl insUrance claims tor property damage -tp ITlY 'jns.ulO\nce carrier If the car' Is-
damaged. dUring the term of thIs agreement: and io endorse my name on insurance
payments for charges or damages, '.
14. If any Provision. of this agreement is unla"'lful, contral)'- to public policy, void
or unenforceable, remaining 'provlsions shall continue In full force and effect.
I ""'Mee bY MY SIGNATURE ON THIS CONTRACT THAT I HAVE READ AND.
AM AWARE OF THE FOLLOWING TERMS AND.CONDITIONS CONCERNING THE
USE. OF THE CAR AND ACCEPT FULL RESPONSIBILITY. This contract is the eritire
agreement 'between me and the' Owner.. The terms cannot be changed by another
document or by oraf agreement. Owner makes no warranties, express or implied, I
authorize Own~r to~erj I<!f!?,~,~ _pr~~!t..t'l.9t;CJ.Si~S .aro~her: sOlJrces, Personal, ,cre~it
and insurance mtp TI~,rS'af~e eSS~Fc~..bfthls agreement. As Used In thiS
Agreement "cai"-m 'nf€!(:f'auromobHe, \4:in 'or truck, "1''< means'renter, me 'or
authorized ckiver. "Owner" means Enterprise .or its representallves.
1. I agree the car Is the property of Owner, although registered title may be In a
' third party. r agree. I received the car in good physical and mechanical condition. I
will return the car to Dwner in same condition as receiyed; on the date stated on
reverse or upon demand of Owner. . .
2. I AGREE TO PAY TO OWNER 011I DEMANO:
(s) Service, time and mileage charges at rate speclfied on reverse plus other
. charges it appficable. '. "
(0) T.he value of tires, toels aM acce~orles (ost or stolen from car, .
(c) .Any fine of ,legal viclation' against th!3 car, c;JrfvElr oc Owner d!Jring this
. contract, except for Owner's faull
(dj A One-and'One-Half Percenl (1 i/2%) per month interest charge on, all
charges rrpt paid' Withl[llbirty (30) days afterthe snd o( the rental.
(e) If the cat Is ndnefgil:)ed t9 the drifjiFlal rental .offlce with'out the wrilleA
consent of Owner, the greater of. One HUnOred Dollars ($100,00) or Fifty
Cent~ (,50i) par mile.. .~ '.: .'
(1) All expenses 'incurred by<Owner inclUding attorney's .fees and costs, In the
collection p~ monies due Owner.., ',. ,
(g) Damage to car If Damage-'Waiver is not purchased or dOes' not. apPly. . .
. (h) Rfty Cents (.59rt) per mile for .all miies driven, If car Is driven outside the
'state in which it Was, rented; without the 'permission of Owner. .
(i) If you do not return Vehicle with at least as much fuel as whe!J..You received
. It, you Will be charged for the difference at the rate shown on the rever.se.
'. No reffmds or credits are. giVen 'for veliicle~ retumed.With more fuel than
. w.hen rented. " ..I .' :,; . . .
3. DAMAGE TO I1ENTEO CAR: I am (esponsible for'and agree'to pay .Owner irie
retail value of replacing and/or repairing' allloss!?s and damages'to the' Car: f wilr pay
Owner .regardless of fault. or negfigence of:n.l.e or any person, and .regardless if.
damages are a result of an act of God. -This lrrC1tIdes: . .,_,
. (1) .'admInlstrative fees, <'.
(2) dimlnishmenl of value, anti
(3) "loss at Use" during t/:1e' period it is'unavailable for rental use, Loss of use
. is measured by TEiasonabfe rental value. of renting a replacerp~.nt car,.
(4) towing, s~orage, inipound and appraisal fe~s, ' .
If oWner offers arid renter agrees to pay an additIonal fee for damage waiver:
A,and if 1 have initialed the space "AIf Damage _ 3A", I.am relieved of al1"lcsses
.-.- aild-dainages to th'ii qar;-- J \, '. . .... .'; , ;.. _.
. . ..s.~a~d .'i~.J have'llT)ltiajed, tti~ ~P~G~ -('$1000 DAMAGE.. ~8':;'1 am reUeved' of
responSibility to Owner tor an .amounl eqUal to any dedUCtible up- to a maximum of
$1000, l"remaln responsiblemr..and.Wil! pay Owner ior 'aU losses and damages in
exces$ of this amount , ,
.', \ - . , , .
I agr,e'e 10 presenl a claim to' my fnsuranda a' " ~i:l$~ges ._;: ,~~..
to the car, If I have no insurance. to cover sai fQr;ii:W$u6h.:.~-:" "
)OSS8S,- . '. " _. _ ,I ,,~\.... '-'" .,~Jk:, . '_,' .
Damag~ Waiver ,does not apply: '. '" -it,.. . .j.. .~;...: '~,;.....;
(1) Ifthe car. IS stolen . ..,.'... ... ., 'i,: . . ,'f,;..~!, :.",' ..
(2) if I or the driver fail to or refuse to 'make a repOrt of damages fo pcUce
(3) . to coyer tire chain damages, '
A violation .of . .agreem .void", Damage Waiver.
4. BODILY . . 'f-?'\'~' Or: RE1?PONSISll/TY TO THIRD
PARTlES:. ';:~";.':; : ."".
A. IF SI..P Is purchased: , .
'. 'jf Own~r offers and Renter purchases Supplemental liability Protection '
(Sl,~) at the time of rental, autliorized drivers are prOvided with third party
.. -ha?IIIty..protectlon IJP to $1,Ooo,QOO Combined Single Umit per accident. .
. . SlR applfes'while tlrlving in the U,S, and CanaCia, it.the car is reinted and'
returned.In the Ulilted $tates. SLP DOES NOT APPL Y.IN MEXICO; If THE
. FU:l'fl'AL' AGF.lEEMENT IS VIol:.'XTED; IF THE DAILY -SU';CHARGl::: IS NOT
. . .. Pe..lD. qlf DOES NOT 'PROVIDE THIRD PARTY LIABILITY PROTECTION
'.~ ,), ,-~9R,w.il!~X T<?,. OR PROPERTY DAMAGE SUFFERED BY, THE RENTER,
'. A;N-Y A1::.ti1-Y0R1ZED'DRIVER OR EMPLOYEE OPTHE RENTER OR FAMilY
. MEMBERS OF AFOREMENTIONED RELATED BY BLOOD, MARRfAGE, OR
ADOPTION IF SUCH FAMILY MEMBER RESIDES iN THE SAM'E
HOUSEH0~D WITH THE RENTER, AUTHORIZED ORNER OR EMPLOYEE
OF THE RENTER. 'SLP DOES NOT PROVIDE; PERSONAL INJURY
PROTECTION BENEFiTS;.,. .UNINSURED/UNDER1NSURED MOTORIST
COVERAGE; NO F'AUl.. T; FIR.OST PARTY BENEFITS on SUPPLEMENTAI1Y
NO FAULT INSURANCE. SLP 'IS ALSO SUBJECT TO. THE TERMS,
CONDITJONS, PRO\,1srONS, LIMITATIONS AND EXCLUSIONS
CONTAINED IN THE SUPPLEMENTAL LIABILJTY POLlCY, IF ANY
PROVISIONS OF THE RENTAL AGREEMENT CONFLICT WITH ANY'
PROVISIONS OF THe SUPPLEMENTAL LIABILITY POLICY, THE TERMS
OF THE SUPPLEMENTAL LIASILlTY.POLICY WILL APPLY. SLP MAY
PROVIDE A DUPLICATION OF COVERAGE ALREADY fURNISHED 6Y A '
PERSONAL INSURANCE POLlCY OR SOME OTHER SOURCE. THE
PURCHASE % SlP./S. NOT REQUIRED IN ORDER TO RENT A :CAR,
r"\ r", ~ "'"~
~ 'f .4 {1
~ .-1.
@ Enterprise Rent-A-Car CQmpany, 2000
. . .
' ,
57-PA Har. REV, 4100
The Yilber Law Firm
CLIENT# ' E3330 Enterprise Rent-A-Car
ACCOUNT# 212373
NAME Vanatta, Judy
NAME2
ADDRESS 435 E. Crestwood
ADDRESS2
CITY Camp Hill
ST/ZIP PA 17011
PHONE 717-763-9299
NOTE LNS 65
DESK/UNIT LEG
DOB 05-03-49
SSN 191-40-7626
DRL 03-29-01/03-29-07
CLIENT REF# DX5713312
FWD- CLI ENT
INT RATE(D) 0
PACKET#
--- SPECIAL FIELDS
PATI ENT
OUR FILE #
(B)US OR (I)
TICKLER FILE
(1) LAST ACTION DT (/n) 03-12-02 Y (6)
(2) COLLECTOR ACTION (?)145 (7)
(3) TIME TO YORK (8)
(4) DATE WORK AGAIN 03-27-02 (9)
(5) PROMISED PMT AMT 0.00
NOTES ---
(001) 12:47 09-11-01
(002) 12:47 09-11-01
( 003 )
* (004) 12:49 09-11-01
* (005) 12:49 09-11-01
* (006) 12:49 09-11-01
* (007) 12:49 09-11-01
* (008) 16:14 09-11-01
* (009) 10:53 09-12-01
* (010) 11:15 09-24-01
* (011) 09:32 10-04-01
(012) 18:27 10-20-01
(013) 18:52 10-23-01
(014)
(015)
* (016) 18:52 10-23-01
* (017) 11:47 10-24-01
(018) 19:39 10-29-01
(019)
(020)
(021) 16:28 11-09-01
(022)
* (023) 16:28 11-09-01
* (024) 12:20 11-12-01
10:41:20 12 MAR 2002
AGN/AMT
INT
CANCELLED
ATTORNEY
COURT
MISC
TOTAL***
--OWING--
14,869.88
0.00
0.00
0.00
0.00
0.00
14,869.88
NET W/ JMT**
STATUS: LEG COMM:
-- DATE --
ASSIGNED 09-11-01
LAST CHG
LAST PAY
LAST ACT 03-12-02
CL LC/LP
INTR EFF 09-11-01
SPC FLD4
DT OF LOSS 03-29-01
CREDIT RPT
NEXT STEP
FOLLOWUP PRIO (1-10)
PROMISED PMT DATE
IMP NOTE LINES
****DB COVRD UNDER FDCPA****IIMRR
insrd driving veh "off road", which IMRR
voided damage waiver
BEG STRAT A
REQ SERIES SB (NOTICE-DEFAULT-1)
END STRAT A
INPUT BY MRR
ODSK:99 IMRR
SNT NTC 01
SNT NTC 02
ODSK:11 IMC
WK FROM HM. PUT ON LIST TO PL FL. IDLR
TEL RES LEFT #1. REPORT FRPM /DLR
POLICE IN FL SHOWING 0 AT FAULT.
ROLLED PU WHEN SHE LEFT MAIN RD.
REQ LTR# FTP FAILURE TO PAY IDLR
SNT L TR FTP
RES/TT D. SO PRUCH INS. TLD HER /DLR
BREACHED WHEN SHE TOOK VEH
OFF-ROAD. SO CALLING ATTY.
CLD 0, SO HAS NOTHING TO SAY TO IDLR
ME AND H/U.
REQ LTR# DBAL /DLR
SNT LTR DBAL
-RECEIVED-
0.00
0.00
0.00
0.00
0.00
0.00
14,869.88
FA ACKNL
PRINCIPAL
ASGN INT
COMM FEES
AMISC1
AMISC2
AMISC3
AMISC4
AMISC5
AMISC6
AMISC7
AMISC8
AMISC9
MISC
OVERPMT
MISC1
MISC2
MISC3
MISC4
MISC5
MISC6
MISC7
ASSIGNED AMOUNTS
--OWING-- -RECEIVED-
14,869.88 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
MISCELLANEOUS AMOUNTS
--OWING-- -RECEIVED-
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
EXHIBIT "B"
FAULKNER PONTIAC
"TO BE SURE"
2060 PAXTON ST
HARRISBURG, FA 17105
BUS 717-238-7324 FAX 717-236-8431
CD LOG NO 5372-1 DATE 03/30101
SHOP:
ADDRESS:
CITY STATE:
ZIP:
FAULKNER PONTIAC-GMC
2050 PUTON STREET
HARRISBURG, PA
17105-
INSp D~TE:
CONTACT:
PHONE 1:
1<'AX:
OWNER:
ADDRESS:
RElsrT A CAR, ENTER.l'RISE
UNIT#l?T8014
POINT OF IMPACT: 13
LIC#: YDT 7530 STATE: PA
BOD~ COLOR: MAAOON/GOLD
CONDITION:
VtN:
MILEAGE:
ACCTNG C'1'L#:
DRlVEABLE: No
*=;USER-EliITERED VALVE
EU==SALVAGE PAnT
I'!'=LABOR PARTIAL REPAIR
N=ADDNL LABOR OPERATION
AA=APPEARANCE ~LOWANCE
RI"'=R&I ASSEMBLY
VEH. INSP#:
E=NEW PART
EP=SEE PX REPORT
I =REPAIR!ALIGN/SUBLET
P=CHECK
RP=RELATED PRIOR DAMAGE
03/30101
RARRY FREDERICKS
(717)213-3300
(717)238-1533
1GCEK19V11Z219S09
5,505
EC~ECONOMY PART
ET==LABOR PARTIAL REPLACE
L=REFINISH
TE=PART/PARTIAL REPLACE
UP=UNRE:LATED PRIOJ;< DAMAGE
l)SOBLET GLASS REPAIRS QUOTRO BY SCOTT ~ING'S GLASSWORKs-ENO~ PA 717-732-8865
2001 CBEVRo~ SILVERADo ~1500 LS 4DR EXT CAS U8033D!C OPTNs V!24XQDPWFGTUCR
OPTIONS: TWO-STAGE - EXTERIOR. SURFACES
4 - WHEEL DRIVE
POWER DOOR LOCKS
REAR ACCESS DOOR, LEFT
REAR BUMPER,
AUTOMATIC TRANS
OVER1fEAD CONSOLE
TWO-STAGE - INTERIOR StJRFACES
~LEC REMOTE CONTROL MIRRORS
POWER WINDOWS
PRIVACY SIDE & BACK GLASS
AIR CONDITIONING
CRUISE CONTROL
)P GDE MC DESCRIPTION MFG. PART NO.
---..--.......--- ------------
~ 0028 GR!LL:E: ASSEt.mLY 15747824 8M PART
~ 0041 HEADLAMp ABSY,HALOGEN LT 1.6526133 GM PART
0042 HEADLAMP ASBY, HALOGEN RT 16526134 GM .PART
~d W~~~:L0 ~00c c0 '~d~
ITS~ 8~c L U : 'ON X~~
9 JO ~ :a6ed
WO:l'xe:i!p.<q P&J&MOd
889g ~6680L :o.L 889 ~g8GnL ;WOJ:;:j VII\;>, 9 ~;90 ~O'Jd\;>"ZO ;pa^!a:)a~
PRICE AJ% HOURS R
----.
----- -
294.80
240.72
240.72
1
1
1
l?AG~ 1
03/30/01
dOHS Aa08 ~3N~ln~~ : WO~~
2001 CHEVROLET SILVERAnb K1.500 LS 4DR EXT CAB
N . 0973' HEADLAMpS AIM ADDNL LABOR. OPERA 0.5 1
RI 0110 PARKLAMp ASSEMBLY L1' R&I ASSEMBLY 1
lU 0111. ~A.RlU& ASSEMBLY RT R&I ASSEMBLY 1.
E 0083 PANEL, HOOD 12377104 GM PART 413.43 1.3 1
L 00a3 09 PANEL, HOOD REF!NISE: 6.0 4
SURFACE 3.3
EDGE 1.2
TWO STAGE .9
TWO STAGB SETUP .6
I 0084 HINGE,~OOD PANEL LT REPAIR 0.5*1
I 0085 HINGE, HOOD PANEL !{'!' 1(EPAIR 0.5*1
E 0086 PAD, INSULATOR HOOD 15041971 GM PART 31.+47 1
E 0073 01 PANEL, RADIATOR S~t 15771694 GM PART 337.7.2 G.8 1
B 0755 01 RADIATOR 52486598 GM PART 495.25 1
E 0197 LABEL,~iATOR SUPPORT 15750971 GM PART 9.25 0.1 1.
E 0303 01 LABEL, RADIATOR SUPPORT 12560781 GM PART 9.25 0.1 1
E 0375 02 LABEL/RADIATOR SUPPORT 15007898 GM PART 5.00* 0.1 1
E 0092 DEFL,RADIATOR OPR AIR 15750969 GM PART .30.00 1.
E 0645 SHROUD, RADIATOR trPPER 15707519 GM PART 25.42 1.
E 0646 SHROUD, RADIATOR LOWER 15707562 GM PART 35.52 1
N 0644 ~/c EVA.C RECHRG & RCVRY ADDNL LABOR OPERA 1.9 2
E 0731 01 CONDENSER, Ale 52487303 GM PART 338.00 2
E 0103 FENDER/FRONT LT 12475285 GM PART 176.68 1.9 1.
L 0103 FENDER, FRONT 1..,T REFINISH 4:.0 4
- - - - - -- SURFACE 2.3
----.
EDGE 1.0
TWO STAGE .7
E 0104 FENDER, FRONT RT 12476220 GM PART 176.68 2.3 1
L 0104 PENDER/FRON'!' RT REFINISH 4.0 4
SURFACE 2.3
EDGE 1.0
TWO STAGE .7
RI 0133 MAST, ANTEl:I/""NA RT R&I ASSEMBLY 0.5 1.
RI 0891 HORN, !..rOW NOTE R&I ASSEMEr.., y 0.2 1
RI 0890 HORN/HIGH NOTE R&I ASSEMBLY 0.2 l
IS 0744 01 AIR CLEANER ASSEMBLY 25329188 GM PART 215.00 0.3 2
N" 0974 SUSPENSION ALIGN,FRT ADDNL LABOR OPERA 2.0 .2
RI 0726 01 COOLER, Pis PUMp OIL R&I AsSEMBLY 0.4 .2
r GOJ.43 WINDSHIELD/TINTED SUBLET REPAIR 351. 00* .1
~ 0153 MLDG, W/s REVEAL SIDE LT 15770207 GM PART 22.40 1
~ 0154 MLDG,w/S REVEAL SIbE RT 15770206 GM PART 22.40 1.
..
:: 017J. P~L/UPPER eoWL VENT 15762734 GM P~ZillT 77.39 0.3 1
~T 0625 PILLAR,W!NDSHIELD LT LABORIPARTL REPLA 6.5*1
J 0625 PILLAR, WINDSHIELD LT REFINISH 0.6 4
SURFACE .5
TWO STAGE .1
l:-'.AG.b: ~
03/.10/01
W~~~:L0 ~00~ ~0 'Jd~ rr.5;~ ere: L U : 'm~ X~.::J dOHS AGOa ~3N~ln~.::J : WO~.::J
~d
910 G :e5ed WO;)'xe::ifP,(q pilJilMOd 889g~66t:OL:Ol t:t:9~gt:ZHL :WOJ;:j VlJI;f 9~:90 ~O'Jdl;f'GO :pe^!il::JeCj
R'I' LABOR/ PARTL REPLA
RT REFINISH
SURFACE
TWO STAGE
REINF 1 DOOR FRAME; LT 15040297 GM PART
REINF,DOOR FRAME RT 15034694 GM PART
FRAME, DOOR OPENING LT PART/PARTIAL REPL
FRAMR,DOOR OPENING RT PART/PARTIAL REPL
PILLAR,nOOR FRAME REAR L'I' LABOR/PAR'I'L REPAI
PILLAR,DOOR FRAME REAR LT REFINISH
SURFACE
'!'WO STAGE
PILLAR, DOOR FRAME REAR RT LABOR/PARTL REPAI
PIL~,DOOR FRAME REAR RT REFINISH
SURFACE
TWO STAGE
15011040 GM PART
.tT REPAIR
LT REFINlSa-
SURFACE
TWO STAGE
RT REPAIR,
RT REFINISH
SURFACE
LT 15036135 GM PART
RT 15036135 GM PART
LT 15017223 GM PART
LT REFINIS:a:
SURFACE
EDGE
TWO STAGE
RT 15017224 GM PART
RT REFINISH
STJRFACE
EDGE
TWO STAGE
LT 15758043 GM P~T
RT 15758042 GM PART
LT .R&:I ASSEMBLy
RT R&I ASSEMBLY
LT R&I ASSEMBLY
RT R&I ASSEMBLY
LT 15055274 GM PART
RT 15055275 GM PART
LT SUBLET REPA1R
RT SUBLET REPAIR
. .
2061 CHEVROLET SILVE~O K~SOO
ET'0626'
L 0626
PILLAR/WINDSHIELD
PILLAR,WINDSRIELD
E 0295
E 0296
'rE 0445
TE 0446
IT 0649
L 0649
IT 06S0
L 0650
B
I
L
0894 01 MIRROR/lIs DAY/NIGHT
0176 PNL,CAE SIDE OUTER
0176 PNL,CAB SIDE OUTER
I
L
0~77
0177
PNL,CAB SIDE OUTER
PNL,CAB SIDE OUTER
B
0138
0139
0207
0207
OJ. ~PLATE, CAB REM
01 1-lAME:PLA!'E, CAB REAR
DOOR SHELL / FRONT
DOOR SHELL/FRONT
E
E
L
E
L
0208
0208
DOOR SEELL,FRONT
DOOR SHELL, FRONT
E:
0235
0.236
U 0.263
U 0264
<! 0253
<.:r 0254
0229
0230
G021S
G0216
W/STRIP,BSLT OUTER
W / STRIP I BELT OUTER
01 MLDG, E'RONT DOOR LOWER
01 MLOG,FRONT DOOR LOWER
N/PLATE,PRONT DOO~
N/P~TE,E'RO~T DOOR
M1RROR,OUTER R/C
MrRROR,OUTE~ R/C
GLAss, FRONT DOOR T
G~SS,FRONT DOOR T
:;.
..
~
~
~d W~p!:L0 !00c c0 '~d~
9 )0 8 :eBed
WO;)'xe:lfIP hq paJilMOd
LS 4DR EXT CAB
~~! 8~c LJL : 'ON X~~
55.3.2
55.32
664.65
664.52
20.40
3.33
3.33
392.95
392.95
12.10
1.2.10
~5S.10
155.10
208.00*
208.00*
6.5*1
0.6 4
.$
.1
J..5 1
1.5 1
1
1
2.0*1
1.2 4
1.0
.2
2.0*1
1.2 4
LO
.2
1
3.0*1
1.24
1.0
.2
3.5*1
0.9 4
.9
0..2 1
0.2 1
5.3 1
3.4 4
2.2
1.0
.2
5.3 1
3.5 4
2.3
1.0
.2
1
1
O.4*~
0.4*1
0.3*1
0.3*1
1
1
1
1
~A(3.b: ~
03 n (1/ n1
dOHS AQOa ~3N~ln~~ : wo~~
O'JdV"ZO 'pe^Je::le?j
88ge~6680L :01 88g~e8ZnL :WOJ,j VIIV' 9~:90 ~ '.
. ..
2001 CHEVROLET SILVERADO ~1500
E . 0227'
E 0287
L 0287
I 0288
L 0288
RI 0372
RI 0373
E 0341
L 034.1
E 0523
E 0497
L 0497
I 0498
L 0498
N 0975
RI 0425
RI 0426
E 0484
E 0485
I 0479
L 0479
Rr 0491
RI 0492
RI 0427
RI 0507
~! 058l
S 0533
-'i M13
( 1vI14
... M17
if M18
~C M20
r M50
M60
.M65
M66
HANDLE, FRONT DOOR OTR
DOOR. SHELL,REAR
bOOR. SHE'LL, REAR
DOOR SHELL, lmAR.
DOOR SHELL,REAR.
01 MLDG,REAR DOOR LOWER
01 MLOG, REAR DOOR LOWER
PANEL, ROOF
PANEL, ROOF
PANEL, ROOF INNER FROlIT
PANEL, BEDSIDE
PANEL, BEDSIDE
PANEL, BEDSIDE
PANEL, BEDSIDE
BED ASSEMBLY, SET BACK
01MLDG,BEDSIDE PNL LWR
01 MLDG,BBDSIDE PNL LWR
DECAL, BEDSIDE P~~L
DECAL,BEDSIDE PANEL
SHELL,T~rLGATE
SHELL, TAILGATE
N/PLATE,TAILGATE
N/pLATE,TAILGATE
liANDLE f 'rAIL GATE OUTER
PROTECTOR, TAILGATE
BED LINER R & I
TA.ILLAMP ASSEMBLY
~"HEEt, BA.LANCE
CORROSION PROTECTION
COVER CAR EXTERIo.R
SET-UP & MEASURE
ANTI-FREEZE-COOLANT
CLEAN INTERIOR
HAZARD. WSTE. REM.
DISABLE AIR BAG
COLOR, SAND & BUFF
9)0 V :a6ed
Pd W~Pl:L0 l00~ ~0 '~d~
WO;)'xe:lfP Aq P.mlMod
LS 4DR EXT CAB
LT 15034985 GM PART
LT 1~476244 GM P~T
LT REFINISH
SURFACE
EDGE
TWO STAGE
R.1' REPAIR.
RT REFINISH
SURFACE
LT R&I ASSEMBLY
RT R&I AsSEMBLY
15019396 GM PART
REFINISH
SURFACE'
15044141 GM PART
LT 15711211 GM PART
LT REFINISH
SURFACE
EDGE:
TWO STAGE
R'r R.EPAIR
RT REFINISH
SURFACE
ADDNL LABOR OPERA
L/F R&I ASSEMBLY
RIF R&I ASSEMBLY
LT 15707440 GM PART
RT 15707440 GM PART
RE_P~IR
REFINISH
SURFACE
R&I ASSEMBLY
R&:! ASSEMBLY
R&I ASSE11BLY
R&:I ABSEMBr.. y
R&1 ASSEMBLY
LT 5978235 GM PART
JWDNL LABOR OPEAA
SUEtET REPAIR
REFINISH
ADDNL LABOR OPERA
ECONOMY PART
ADDNL LABOR OPEPA
SU13LET REPAIR
ADDNL LABOR OPERA
ADDNL tABOR OPERA
~~~! 8~~ LlL : 'ON X~~
18.25
474.63
159.48
31.17
600.10
7.10
7.10
111.18
19.90*
10.00*
5.00*
*
6.50*
*
3.00*
*
*
1
4.0 1
3.1 4
1..9
1..0
.2
3.0*1
1.9 4
1.9
0.5*1
0.5*1
16.0 1
3.1 4
3.:(,
1.0 1
14.0 1
4..9 4
2.5
1.9
.4
4.0*1
2.4 4
2.4
1.5*1
0.5*1
0.5*1
0.2 1
0.3 1
1.0*1
2.3 4
2.3
0.3*1
0.3*1
0.2 1
0.4 1
0.5 1
1
*2*
0.5*4
*4
2.0*3
*1
3.0*1
*1
0.5*1
1.0*4
.PAC.;~ ~
03/30/01
dOHS AGOe d3N~ln~~ : wo~~
t:t:SIH66t:OL :O.l t:t:S~98G'L~L :UJOJ~ WV S~:90 ~O'JdV'ZO :pe^!aoatj
2001 CHEVROLE'l' SILVERADQ Insoo La 4DR ExT CAB
N 'M68' CAULK ADDNL LABOR OPERA 20.00* 1.O'A'1
N M69 GLASS CLEANup ADDNL LABOR OPERA * 1. 0*1.
N ~EMOVE OLD DECALS ADDNL LABOR OPERA * 0.3*1
N REMoVE OLD MLI:lG ADHESIVE ADONL ~OR OPERA * 0.5*1
N PULL!ALIGN CAB ABBY ADONL LABOR OPERA * 6.0*3*
N Cl1ECK ALL FLUIDS AOD:NL LABOR OPERA * 0.5*2*
N GLAss ~NSPECTION AnDN!, LJWOR OPERa 2.00* 0.2*2*
111 ITEMS
FJ;NAL CALCULATIONS & ENTRIES
GROSS PARTS
OTHER. PARTS
PAINT MATERIAL
PARTS TOTAL
TAX ON PARTS @
MC MESSAGE (S)
01 CALL DEALER FOr<. EXACT PART Nt1MBER / P:RICE
02 PART ~O. DISCOm'INtiEn, CALL DEALER FOR EXliCT PART NO
09 INCLUDES 0.6 HOURS MJ.\JOR PA..-rmL TWO-STAGE ALLOWANCE
7,193.38
53.40
776.90
8,023.68
LABOR
l-SHEET METAL
2-M?~~;'F:r.EC _
3-FRAME
4-REFINISH
5-PAItff MATERIAL
LABOR TOTAL
WAX ON LABOR
SUBLET REPAIRS
TOWING
STORAGE
0.000%
RATE
34.00
42.00
34.00
34.00
17.00
REPLACE ERs
81.4
0.7
44.2
REPAIR HRs
27.8
4.6
8.0
1.5
3,722.80
222.60
272.00
1,553.80
@
5,76L20
0.000%
780.00
305.00
3ROSS TOTAL 14,659.88
~ET TOTAL 14,859.88
~P SHOPLINK U2533 BS CD LOG 5372-1 DATE 03/30/01 11:08:23AM R5.1 CD 03/01
?XN:N/OO!OO/O%o CUM;/!! HOST LOG
~OPYRIGHT 1999, AUTOMATICOATA PROCESSING/ INC.
I .7 troORS WElRE ADDED TO THrs ESTIW\TE BAsED ON JUJP' S TWO-STAGE REFINISH
'ORMULA: 20~ OF REFINISH HOURS, APTER OVERLAp, PLUS 0.5 HOORS FOR THE FIRST
~OR PANEL, WHERE NOTED.
Sd W~S1:L0 100c c0 '~d~
[~! 8[c L!L : 'ON X~~
.l:'Ac.;~ ::,
03(30/01
dOHS ).,aoa cE3N>nno.::l : WOCl.::l
9 JO 9 :a6ed
WO:)'xe:lfP Aq P;;w;lMod
8899 ~6680L :o.L 889 ~98GL ~L :WOJd WIf 9 ~:90 W"Jdlf'ZO :pa^!a:)a~
20ITl CHEVROLET SILVERAD6 K1SOQ
LS 4DR. En CAB
ES'J:I""'n: CALctlLATEO t7SING THE 2.5 HOUR JIlAXI_ 1lLLoWllNCE FOR Two-STAGE REFnnSH
OF NON - FLEX, EXTERIOR SDR.FACES.
THE ABOVE IS AN ESTlMATl3 BASED ON OUR INSPECTION llNIJ DOES NO
ADDITWlIlAL PARTS OR LABOR WHICH MAy BE l'WQlJIRED AFTER THE WO
STARTRo. OCCASIONALLY AFTl3R THE WORK HAS BEGUN, WORN OR OAM/;
DISCOVERllD WHICH WERE NOT EVIDENT ON THE FIRST INSPECTION. E
THE ABoVE PRICES .ME NoT GUARlUiTEED. =S ESTIMATE IS OFFERE
ACCEPTANCE ONLY. PRICES SlJEJECT TO CHANGE AFTER 30 DAys. WOR
REFINIsmNG ARE GtlARANn:ED FOR A PERIOD OF ONE YEAR ~OM T1IE
COMPLETION.
~-------------------------------------~-----------
9d W~ST:L0 T00~ ~0 '~d~
H::Sl: 8r~ L TL : .ON X~.::J
.PAc.;.t; 6
03/30101
dOHS AGOa ~3NAln~.::J : WO~.::J
9}0 9 :a6ed
WO:l'xe:l~ ^q P;uaMod
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SHERIFF'S RETURN - REGULAR
CASE NO: 2003-01823 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PENRAC INC D/B/A ENTERPRISE RE
VS
VANATTA JUDY
JASON VIORAL
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
VANATTA JUDY
the
DEFENDANT
, at 1213:00 HOURS, on the 1st day of May
, 2003
at 435 EAST CRESTWOOD
CAMP HILL, PA 17011
by handing to
JUDY VANATTA
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
10.35
.00
10.00
.00
38.35
r~-~~
R. Thomas Kline
05/02/2003
KILLIAN & GEPHART
Sworn and Subscribed to before
me this 7 ~ day of
~ J>>v..3 A.D.
~O- ~~h.u II~&:'
othonotary '7--J
By: /2/(
~puty Sheriff
PENRAC, INC. d/b/a
ENTERPRISE RENT -A-CAR,
3 Crossgate Drive, Suite 201
Mechanicsburg, P A 17055
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
COMMONWEALTIi OF PENNSYLVANIA
NO. 03-1823
v.
JUDYVANATT~
435 East Crestwood
Camp Hill, PA 17011
Defendant.
CIVIL ACTION - LAW
ARBITRATION
DEFENDANT'S ANSWER AND NEW MATfER AND CO~TERCLAIM
1. After reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth of this averment.
2. Admitted.
3. Admitted.
4. Admitted.
5. This averment contains a conclusion of law to which no responsive pleading is
required. Strict proof thereof is demanded at trial (arbitration). To the extent that this
averment does not contain a conclusion of law it is denied.
6. This averment contains a conclusion of law to which no responsive pleading is
required. Strict proof thereof is demanded at trial (arbitration). To the extent that this
averment does not contain a conclusion of law it is denied, except that Defendant
admits that the vehicle did roll over in an area adjacent to Slate Hill Road.
7. After reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth of this averment.
8. This averment contains a conclusion of law to which no responsive pleading is
required. Strict proof thereof is demanded at trial (arbitration). To the extent that this
averment does not contain a conclusion of law it is denied.
9. This averment contains a conclusion of law to which no responsive pleading is
required. Strict proof thereof is demanded at trial (arbitration). To the extent that this
averment does not contain a conclusion of law it is denied.
10. This averment contains a conclusion of law to which no responsive pleading is
required. Strict proof thereof is demanded at trial (arbitration). To the extent that this
averment does not contain a conclusion of law it is denied.
11. This averment contains a conclusion of law to which no responsive pleading is
required. Strict proof thereof is demanded at trial (arbitration). To the extent that this
averment does not contain a conclusion of law it is denied. Furthermore, this
averment is denied in that the Contract appears to state "A violation of the contract
shall exist if the car is used or driven. . . [0 ]ther than a paved or public road or
driveway. "
12. Denied.
13. Denied.
14. After reasonable investigation, Defendant is without knowledge or information
sufficient to form a belief as to the truth of this averment.
15. This averment contains a conclusion of law to which no responsive pleading is
required. Strict proof thereof is demanded at trial (arbitration). To the extent that this
averment does not contain a conclusion of law it is denied.
NEW Mt\ TIER
16. The written agreement between the parties that Plaintiff claims Defendant breached,
is an adhesion contract and therefore is not binding.
17. Defendant is excused from the written agreement between the parties that Plaintiff
claims Defendant breached based on the doctrine of impracticability-of-performance.
18. Defendant is excused from the written agreement between the parties that Plaintiff
claims Defendant breached based on Plaintiff's consent that Defendant could use the
vehicle in the manner in which she did.
19. The Plaintiff has failed to state a claim against Defendant upon which relief
am be granted.
20. Plaintiffs claims are barred by the applicable statute oflimitations.
21. At all times material hereto, Defendant acted reasonably, properly, and prudently.
22. The parties did not enter into any writing in which Defendant agreed to be responsible
for failure of the vehicle to be safe and react to Defendant's driving actions.
23. Defendant only choose certain aspects of the written agreement between the parties
that Plaintiff claims Defendant breached based on the insistence of a Plaintiff
employee, agent, or servant.
24. An employee, agent, or servant of Plaintiff provided instruction and guidance to
Defendant when she filled out the written agreement between the parties that Plaintiff
claims Defendant breached.
25. The parties did not enter into any writing in which Defendant agreed to be responsible
for damages to the vehicle, or anything, or anyone else.
26. Defendant only rented the vehicle at the insistence of a Plaintiff employee, agent. or
servant.
27. An employee, agent. or servant of Plaintiff provided Defendant with the vehicle for the
purposes for which she intended to use the vehicle.
28. The written agreement between the parties that Plaintiff claims Defendant breached is
contrary to public policy. is void, and unenforceable.
29. The alleged negligence of Defendant, such negligence being specifically
denied, was not the proximate cause of the damages alleged by the Plaintiff, if any.
30. The Plaintiff, at all times material hereto, was guilty of contributory negligence, said
negligence being the proximate cause ofPlaintiWs damages, if any, and such
negligence constitutes a complete bar to PlaintiWs claims, the same being for purely
economic damages.
31. In the alternative, at all times material hereto, the Plaintiff was guiky of comparative
negligence, and such negligence was comparatively higher than the alleged negligence
of the Defendant, which is specifically denied; accordingly, the Plaintiff's claims are
barred or, in the alternative, limited in accordance with the Pennsylvania Comparative
Negligence Act.
32. Defendant complied with any and all duties, contractual or otherwise, owed
to the Plaintiff, if any existed, at all times material hereto.
33. To the extent that Plaintiff seeks recovery against Defendant in contract, some or all of
the Plaintiff's claims are barred by the Statute of Frauds, 33 P.S. ~1, et~.
34. To the extent that Plaintiff seeks recovery against Defendant in contract,
some or all of the Plaintiff's claims are barred by the doctrine oflaches.
35. To the extent that Plaintiff seeks recovery against Defendant in contract,
some or all of the PlaintiW s claims are bmed by the doctrine of estoppel.
36. To the extent that Plaintiff seeks recovery against Defendant in contract, the
Plaintiff has failed to meet any and all conditions precedent to recovery under the
Agreement between Plaintiff and the Defendant, if any such contract existed.
37. To the extent that Plaintiff seeks recovery against Defendant in contract,
Plaintiff's contract claim against the Defendant is barred by the doctrine of failure of
consideration.
38. To the extent that Plaintiff seeks recovery against Defendant in contract, at
all times material hereto, no contract existed between Plaintiff and Defendant.
39. Plaintiff failed to mitigate damages.
40. At all times material hereto, Defendant made no misrepresentations,
wmanties, or promises, negligent or otherwise, to any party in this litigation.
41. Allor some of Plaintiff' s claims are bmed by the economic loss doctrine.
42. Plaintiff's causes of action may be barred in whole or in part by the doctrine of
accord and satisfaction.
43. Plaintiff's cause of action may be barred in whole or in part by the doctrine of
release.
44. Plaintiff's causes of action may be barred in whole or in part by the terms and
conditions of the Agreement, and addenda thereto.
45. Plaintiff's claims for recoverable damages is contrary to the law of the
Commonwealth of Pennsylvania.
46. If the Plaintiff has sustained damages as alleged in its Complaint, which damages are
specifically denied, then the damages were caused by the acts or omissions of entities
or individuals over which Defendant had no control, or legal duty to control.
COUNTERCLAIM
47. Defendant must be compensated for damages and injuries suffered by her as a result
of the occurrence that is the basis of this lawsuit, whether such damages or injuires
are now known or which may appear in the future, including, but not limited to,
Defendant's pain and suffering, medical expenses, attorney's fees, and costs.
48. Defendant holds Plaintiff liable for their reckless/negligent/intentional upkeep or
failure to upkeep the vehicle which Defendant was provided by Plaintiff
WHEREFORE, Defendant, Judy Vannatta, hereby requests this Honorable Court to dismiss
PlaintifPs Complaint and judgment hereon be entered in favor of Defendant Judy Vannatta
and against all other parties together with all allowable compensation for Defendant's pain
and suffering, medical expenses, attorney's fees, and costs.
S -'!.O -O~
ohn C. Porter
Attorney for Defendant
Supreme Court ID # 90152
61 West Lauther Street
Carlisle, PA 17013
(717) 249-1177
VERlFICA nON
I verify that the averments contained within this pleading are true and correct to the best
of my knowledge, information, and belief This verification is made subject to the
penalties of 18. Pa. R.C.P. 94904 relating to unsworn falsification to authorities.
~
~atta, Defendant
o
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PENRAC, INC. d/b/a
ENTERPRISE RENT-A-CAR,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 03-1823
: CIVIL ACTION - LAW
JUDY VANATTA,
Defendant
: ARBITRATION
PLAINTIFF'S RESPONSE TO DEFENDANT'S
NEW MATTER AND COUNTERCLAIM
Plaintiff, Penrac, Inc. d/b/a Enterprise Rent-A-Car, by and through its undersigned
counsel, Killian & Gephart, LLP, hereby files its response to Defendant's New Matter and
Counterclaim.
Plaintiff incorporates paragraphs 1 through 15 of its Complaint into its Answer to
Defendant's New Matter and Counterclaim as though fully set forth herein.
16. Denied. The averments in this paragraph are denied as conclusions oflaw to
which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure.
By way of further response, without waiving the foregoing, the written agreement between
the parties was not an adhesion contract and is binding between the parties.
17. Denied. The averments in this paragraph are denied as conclusions of law to
which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure.
By way of further response, without waiving the foregoing, it is specifically denied that
Defendant is excused from the written agreement between the parties based upon the
doctrine of impracticability-of-performance.
18. Denied. The averments in this paragraph are denied as conclusions of law to
which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure.
By way of further response, without waiving the foregoing, it is specifically denied that
Plaintiff consented to Defendant's use of the vehicle in th(: manner in which she did.
19. Denied. The averments in this paragraph are denied as conclusions of law to
which no responsive pleading is required under the Pennsyllvania Rules of Civil Procedure.
20. Denied. The averments in this paragraph are denied as conclusions oflaw to
which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure.
21. Denied. It is specifically denied that at all times material hereto, Defendant
acted reasonably, properly and prudently.
22. Denied. The written agreement entered into by the parties is attached to
Plaintiff s Complaint and speaks for itself and therefore no response is required. By way of
further response, Defendant agreed to be responsible for the damages to the vehicle under
the circumstances alleged in Plaintiffs Complaint.
23. Denied. It is specifically denied that Plaintiff insisted that Defendant only
choose certain aspects of the written agreement betwel~n the parties. Strict proof is
demanded at the time of trial.
2
24. Denied. The averments in this paragraph are generally denied pursuant to Pa.
R.C.P.I029(e). Strict proof is demanded at the time of trial.
25. Denied. The averments in this paragraph are denied as conclusions oflaw to
which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure.
By way of further response, without waiving the foregoing, the written agreement entered
into by the parties is attached to Plaintiff's Complaint and speaks for itself. Furthermore,
Defendant agreed to be responsible for the damages to the vehicle under the circumstances
alleged in Plaintiff's Complaint.
26. Denied. The averments in this paragraph are generally denied pursuant to Pa.
R.C.P. ~ 1029( e). Furthermore, this allegation, if true, would not relieve Defendant of
liability for the damages caused to the vehicle.
27. Denied. The averments in this paragraph are generally denied pursuant to Pa.
R.C.P. 1 029( e). Furthermore, this allegation, if true, would not relieve Defendant ofliability
for the damages caused to the vehicle.
28. Denied. The averments in this paragraph are denied as conclusions oflaw to
which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure.
By way of further response, without waiving the foregoing, the written agreement between
the parties is not contrary to public policy, is not void and is enforceable.
29. Denied. The averments in this paragraph are: denied as conclusions oflaw to
which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure.
3
30. Denied. The averments in this paragraph are denied as conclusions oflaw to
which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure.
31. Denied. The averments in this paragraph are denied as conclusions oflaw to
which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure.
32. Denied. The averments in this paragraph are denied as conclusions oflaw to
which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure.
By way of further response, without waiving the foregoing, Defendant failed to comply with
any and all duties owed to Plaintiff.
33. Denied. The averments in this paragraph are denied as conclusions oflaw to
which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure.
34. Denied. The averments in this paragraph are denied as conclusions oflaw to
which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure.
35. Denied. The averments in this paragraph are denied as conclusions oflaw to
which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure.
36. Denied. The averments in this paragraph are: denied as conclusions oflaw to
which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure.
By way of further response, without waiving the foregoing, Plaintiff has met any and all
conditions precedent to recovery under the agreement between the parties.
37. Denied. The averments in this paragraph ar{: denied as conclusions of law to
which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure.
4
By way of further response, without waiving the foregoing, Plaintiff s contract claim against
Defendant is not barred by the doctrine of failure of consideration.
38. Denied. The averments in this paragraph are denied as conclusions oflaw to
which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure.
39. Denied. The averments in this paragraph are denied as conclusions oflaw to
which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure.
By way of further response, without waiving the foregoing, it is denied that Plaintiff failed
to mitigate its damages.
40. Denied. The averments in this paragraph are denied as conclusions oflaw to
which no responsive pleading is required under the Pennsyllvania Rules of Civil Procedure.
41. Denied. The averments in this paragraph are denied as conclusions of law to
which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure.
42. Denied. The averments in this paragraph are denied as conclusions oflaw to
which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure.
43. Denied. The averments in this paragraph are denied as conclusions oflaw to
which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure.
44. Denied. The averments in this paragraph are denied as conclusions oflaw to
which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure.
By way of further response, without waiving the foregoing, Plaintiff s cause of action is not
barred by the terms and conditions of the agreement.
5
45. Denied. The averments in this paragraph are denied as conclusions oflaw to
which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure.
By way of further response, without waiving the foregoing, Plaintiff s claims for damages
are not contrary to the law of the Commonwealth of Pennsylvania.
46. Denied. The averments in this paragraph are denied as conclusions oflaw to
which no responsive pleading is required under the Pennsyllvania Rules of Civil Procedure.
By way of further response, without waiving the foregoing, the averments in this paragraph
are generally denied pursuant to Pa. R.C.P. l029(e).
COUNTERCLAIM
47. Denied. The averments in this paragraph are denied as conclusions oflaw to
which no responsive pleading is required under the Pennsy'lvaniaRules of Civil Procedure.
By way of further response, without waiving the foregoing, Plaintiff is in no way responsible
for Defendant's pain and suffering, medical expenses, attorney's fees and costs if in fact
these damages were or will be incurred in the future.
48. Denied. The averments in this paragraph are denied as conclusions oflaw to
which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure.
By way of further response, without waiving the foregoing" the averments in this paragraph
are generally denied pursuant to Pa. R.C.P. l029(e).
6
WHEREFORE, PlaintiffPenrac, Inc. d/b/a Enterprise Rent-A-Car, hereby requests
this Honorable Court dismiss Defendant's Counterclaim and enter judgment in favor of
Plaintiff plus costs and fees and such other relief as this Court deems just and proper.
Respectfully submitted,
d/O~~SqUire
Killian & Gephart
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108
(717) 232-1851
Attorney L D. #76127
Dated: June 25, 2003
Attorneys for Plaintiff
Penrac, Inc. d/b/a Enterprise Rent-A-Car
7
VERIFICATION
I hereby verifY that the statements of fact made in the foregoing document are true
and correct to the best of my knowledge, information and belief. I understand that any
false statements therein are subject to the penalties contained in 18 Pa.C.S.A. ~4904,
relating to unsworn falsification to authorities.
By:
1-1/dL-
Michael J. O'Connor, Esquire
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ENTERPRISE RENT -A-CAR,
3 Crossgate Drive, Suite 201
Mechanicsburg, PA 17055
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA
NO. 03-1823
v.
JUDY VANATTA,
435 East Crestwood
Camp Hill, PA 17011
Defendant.
CIVIL ACTION - LAW
ARBITRATION
CERTIFICATE OF SERVICE
I, John C. Porter, Attorney for the Defendant, Judy Vanatta, certify that on June 3,
2003, I served a copy of Defendant's Answer And New Matter And Counterclaim on
Michael J. O'Connor, Esquire, the attorney for Plaintiff, Perarac, Inc. d/b/a Enterprise
rent-a-car, First Class Postage Prepaid, to his Office at:
Michael J. O'Connor, Esquire
The Law Firm of Killian and Gephart
18 Pine Street
P.O. Box 886
"""""""" PA 17108-0886 L9~
~:. Porter
Att. II> #90152
Attorney for Defendant
61 W l:st Louther Street
Carlisle, PA 17013
(717) 249-1177
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DEBORAH M. TROUTMAN and
CARL TROUTMAN
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v.
AVID A.
LAPOINTE, DAVID . STRANAHAN,
STRANAHAN INDU TRIES, INC.,
individually and tJdIbJ FRENCH
MOUNTAIN TRANS ORT, FRENCH
MOUNTAIN LOG H MES and FRENCH
MOUNTAIN FORES PRODUCTS
INC. and FRENCH M UNT AIN FOREST :
PRODUCTS, INC., in ividua11y
CIVIL ACTION - LAW
No. 02-1823 Civil Term
amended to reflect the !Teet spelling of Defendant Kadur's name from "Byron" R. Kadur to
ATION TO CORRECf SPELLING 0
'S NAME
It is hereby S ULATED and AGREED by and among Defendant Bryon R. Kadur and
Defendant Stranahan In ustries, Inc. through their counsel and Plaintiffs Deborah M. Troutman and
eir counsel that the caption, Complaint and all filings in this action will be
undersigned counsel on behalf of the parties represented stipulate and agree
that plaintiffs' claims . t Bryon R. Kadur were filed as of Aplil12, 2002 and served on April
23, 2002.
METZGER CKERSHAM
CONNOR, WEBER & OBERLIES
Gr9-03
William J. Co
Attorney I.D. . 4666
2401 Pennsylvania Avenue, Suite I C-47
Philadelphia, PA 19130
Attorney for Defendants,
Bryon R. Kudur, Stranahan Industries, me.
and David LaPointe
TOTAL P.02
CERTIFICATE OF SERVICE
AND NOW, this 3rd day of November, 2003, I, Clark DeVere, Esquire, of Metzger,
Wickersham, Knauss &: Erb, P.C., attorneys for Plaintiffs, hen:by certify that I served a copy of
the within Stipulation to Correct Spelling of Party's Name this day by depositing the same in the
United States mail, pO$tage prepaid, at Harrisburg, Pennsylvania, addressed to:
Bryon . Kadur and Stranahan Industries, Inc.
c/o Wi1 iam J. Coppol, Esquire
Connor Weber & Oberlies
Center ity Office
Suite 1 -47, The Philadelphian
2401 P nnsylvania Avenue
Philade phia, PA 19130
David . Stranahan
663 Sta e Route 149
Lake Gorge, NY 12845
David . Lapointe
663 Sta e Route 149
Lake Gorge, NY 12845
French ountain Forest Products, Inc.
663 Sta e Route 149
Lake Gorge, NY 12845
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Clark DeVere, Esquire ~
Document #: 246080.1
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DEBORAH M. TROUTMAN and
CARL TROUTMAN,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NO. 02-1823 Civil Term
BRYON R. KADUR, DAVID A.
LAPOINTE, DAVID A. STRANAHAN,
STRANAHAN INDUSTRIES, INC.,
individually and t/d/b/a FRENCH
MOUNTAIN TRANSPORT, FRENCH
MOUNTAIN LOG HOMES and FRENCH
MOUNTAIN FOREST PRODUCTS
INC. and FRENCH MOUNTAIN FOREST
PRODUCTS, INC., individually,
Defendants
JUDGE: KEVIN A . HESS
JURY TRL<\.L DEMANDED
PLAINTIFFS' MOTION FOR STATUS/SCHEDULING CONFERENCE
Plaintiffs Deborah and Carl Troutman move this Court, for the following reasons, to
schedule a Status and/or Scheduling Conference in order to move this case towards resolution:
1. This action involves a collision on May 2, 2000, between a truck operated by
Defendant Kadur and a car operated by Plaintiff Deborah Troutman.
2. On April 12, 2002, the Complaint was filed against the Defendants and timely
served.
3. On July 5,2002, Attorney William Coppol entered his appearance on behalf of
Defendants Kadur and Stranahan Industries, Inc. and on November 18, 2002 Defendant Kadur
and Stranahan Industries, Inc. filed an Answer with New Matter and on December 2, 2002,
Plaintiffs replied to that New Matter.
4. As for the remaining Defendants, Plaintiffs filed a written Notice of Intent to File
Praecipe for Judgment by Default, which was served on November 22, 2002.
Document #299512.1
5. On December 23, 2002, Attorney William Coppol filed an Entry of Appearance
on behalf of Defendant David LaPointe.
6. On January 16, 2003, an Answer was filed on LaPointe's behalf and Plaintiffs
timely replied to the New Matter raised in the Answer.
7. Plaintiffs took a Judgment by Default against the remaining Defendants, David
Stranahan and French Mountain Forest Products, Inc. on February 3, 2003.
8. Since the closure of the pleadings, the parties have exchanged written discovery
and answers have been exchanged thereto. The Honorable Kevin Hess has also handled two
discovery motions issuing a Rule to Show Cause on March 13,2003 to Plaintiffs' Motion to
Compel Discovery Responses and issuing an Order on Plaintiffs' Motion to Rule Upon
Objections to Allow Service of a Subpoena Upon Hanover Insurance on February 6, 2004.
9. The depositions of the Plaintiffs were taken on May 13, 2003, the deposition of
Kadur was taken on June 17,2003 and the depositions of two witnesses were taken on
September 30,2003.
10. The Plaintiffs noticed the depositions of David LaPointe and David Stranahan for
February 27,2004, after a prior postponement, but they had to be cancelled at defense counsel's
request because they did not respond to his inquiries regarding the depositions and did not
confirm that they would be present.
11. Rather than file another Motion regarding these depositions, Plaintiffs have
determined that the best course of action is to request the Court to hold a Status and/or
Scheduling Conference to set certain case management guidelines to govern this case.
12. In fact, the Honorable Kevin Hess had suggested that he is willing to hold such a
conference if necessary in the future.
13. After speaking with defense counsel, the parties have determined that it would
Document #299512.1
be advisable to hold such a conference and defense counsel has requested that we do it by
telephone because of the traveling involved. The Plaintiffs have no objection to having the
defense counsel participate by telephone.
14. The Plaintiffs request that this matter be assigned to the Honorable Kevin Hess
due to his familiarity of the case and his statement at the last hearing on the motion that he would
be available for a Status and/or Scheduling Conference in this matter.
15. For the foregoing reasons, Plaintiffs believe that the best way to move this case
towards a timely resolution is for the Court to schedule a Status and/or Scheduling Conference
and enter deadlines to complete the outstanding matters in this action and move it towards trial.
WHEREFORE, Plaintiffs Deborah and Carl Troutman respectfully request that this
Court scheduled a Status and/or Scheduling Conference at the earliest opportunity.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
By:
(cf.......::-2;2 ( /.
Clark De Vere, Esquire
Attorney 1.D. No. 68768
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorney for Plaintiffs
Dated: March 3, 2004
Document #299512./
CERTIFICATE OF SERVICE
AND NOW, this 3rd day of March, 2004, I, Clark DeVere, Esquire, of Metzger, Wickersham,
Knauss & Erb, P.C., attorneys for Plaintiffs, hereby certify that I served a copy of the within
Motion for Status/Scheduling Conference this day by depositing the same in the United States
mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to:
Bryon R. Kadur, David LaPointe and Stranahan Industries, Inc.
c/o William J. Coppol, Esquire
Connor, Weber & Oberlies
Center City Office
Suite lC-47, The Philadelphian
2401 Pennsylvania Avenue
Philadelphia, PA 19130
David A. Stranahan
663 State Route 149
Lake George, NY 12845
French Mountain Forest Products, Inc.
663 State Route 149
Lake George, NY 12845
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Clark De ere, uire
Document #299512./
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ENTERPRISE RENT-A-CAR,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-1823
CIVIL LAW
lf~ 2003
v.
RULE 1312-1.
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The Petition for Appointment of Arbitrators shall be substantially in the fOllowin~olu~
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JUDY VANATTA,
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Michael J. 0 I Connor. F."qni rf> , counsel for the plaintiff~~in the above action (or actions),
respectfully represents that:
1. The above-captioned action (M"~ is (lfi9 at issue.
2. The claim of the plaintiff in the action is $1 4 , 000. 00 (amox)
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators:
William A. Anni=!om~, R~lJllirp. J(;:anft- 1L Kni'Jhr, D C~, 19 P-rOQ}q,u-'l'"\n ~l1Q .
Ste. 106, Carlisle, PA 17013-9142
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be
submitted.
Respectfully submitted,
Michael J. O'Connor, Esq. #76127
Killian & Gephart,LLP
218 Pine st., PO Box 886
ORDER OF COURT Harr:Lsburg, PA 17108-0886
AND NOW,
, 19_, in consideration of the
Esq.,
, Esq., are appointed arbitrators in the above captioned action (or
foregoing petition,
Esq., and
actions) as prayed for.
By the Court,
PJ.
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PENRAC, INC. d/b/a
ENTERPRISE RENT-A-CAR,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-1823
CIVIL LAW
ll~ 2003
v.
JUDY VANATTA,
RULE 1312-1.
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The Petition for Appointment of Arbitrators shall be substantially in the fOllowingo~
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PETITION FOR APPOINTMENT OF ARBITRATORS
Defendant.
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TO THE HONORABLE, THE JUDGES OF SAID COURT:
Michael.J 0' ('onnor R<:qn i rA , counsel for the plaintiffXJll~in the above action (or actions),
respectfully represents that:
l. The above-captioned action (Eli"~ is (litd9 at issue.
2. The claim of the plaintiff in the action is $14,000.00 (aoorox)
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators:
Will'
Ste. 106, Carlisle, PA 17013-9142
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be
submitted.
Respectfully submitted,
Michael J. O'Connor, Esq. #76127
Killian & Gephart,LLP
218 Pine St., PO Box 886
/1 ORDER OF COURT Harrisburg, PA 17108-0886
AND NOW, ~~~..#I~ 19 ,~~'in" cons~ration of the
rore".... ",,"00, -&t>.w r;b .J::;" I j &q., C;.'", ~ I 4..y/- ,.,dd-.
mq., "" LRM/7' ,Ji,HiiiZ, ,mq., ~ ",,,.,,,, ""''''= m '" _ 0",""00 oct'" (0<
actions) as prayed for.
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PENRAC, INC., d/b/a : IN THE COURT OF COMMON PLEAS OF
ENTEREPRISE RENT-A-CAR : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
03-1823 CIVIL TERM
JUDY VANATTA,
Defendant
IN RE: APPOINTMENT OF ARBITRATORS
ORDER OF COURT
AND NOW, October 6, 2005, the appointment of C. Roy Weidner, Jr.,
Esquire, as chairman of the arbitration panel in the above-captioned matter is
vacated, and Jerry A. Weigle, Esquire, shall be appointed in his stead; Barbara
Sumple-Sullivan, Esquire, Esquire, and Gerald Shekletski, Esquire, shall remain
as arbitrators.
By the Court,
P.J.
Michael J. O'Connor, Esquire
Killian & Gephart, LLP
218 Pine Street
Haarrisburg, PA 17108-0886
William A. Addams, Esquire
PO Box 261
27 West High Street
Carlisle, PA 17013
Jerry A. Weigle, Esquire
126 East King Street
Shippensburg, PA 17257
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C. Roy Weidner, Jr., Esquire
Johnson Duffie
301 Market Street
Lemoyne, PA 17043-0109
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Defendant
In The Court of Common Pleas of Cumberland
County, PennsylV;ao/a No.d-
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Civil Action - Law.
Oath
We do solenm1y swear (or affirm) that we will support, obey and defend the Consti lion ofe
States and the Cons!" lio of this Commo It that we will discharge the d .
'thfidea~ r ~4~
Signature Sigm;m?e
&R&P/(/}0vt7J/fo.JJI!ri/!M r:;',ra/) cT SAe;(IeIs)::(
Law Firm Law Finn
oFf .8r"cI,fJ't" ..IT 0'16//t/g.e Sf
Address ) Address ~
5'ffifftl1)58~ f~_f)2S1 11C'.#Cu.m~~~ #.ecJ~rnb?(1a11~ f?/I
City, Zip City, Zip /7076 City, Zip /lu7L
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n Award If J ;U;7t?i
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, lhey shall be separately stated.)
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Name
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Address
CURTIS R. LONG
Prothonotary
Cumberland County
One Courthouse Square
Carlisle. PA 17013
03- /p~
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