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Home My WebLink About03-2427 " COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM Cumberland County JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No, D.3 -:J...I../ ~ 1 (!llJil~~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG, DIST, NO, OR NAME OF D,J, NAPA Transportation ADDRESS OF APPELLANT CITY 4800 E. Trindle Road POBox 959 Mechanicsburg 09-3-04 STATE PA ZIP CODE 17055 DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) 5 15/03 NAPA Trans ortation If appellant was CIa No. 1001(6)) in actio before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. CLAIM NO, CV YEAR L T YEAR CV-0000025-03 This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. Signature 01 Prothonotary or Deputy PRAECIPE 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee, PRAECIPE: To Prothonotary Enter rule upon Willie C. Hargrove III _, appellee(s), to file a complaint in this appeal Name of appel/ee(s) (Common Pleas No, ~~ ..;;;lq.J.1 (!'~LiJ within twenty (20) days after service of rule or -- J~ RULE: To Willie C. Hargrove III Name of appel/ee(s) , appellee(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 UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: fYL'a.'f ~~ , Year ..:JI">~ '-- a<'-lL<e.~y~ Signature of Pro onotary or Deputy White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D, J, Copy Proth. - 76 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 the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served o a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , year , 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name___, on , year , D by personal service D by (certified) (registered) mail, sender's receipt attached hereto. o 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 , year __' D by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ,YEAR . ---- Signature of Affiant Signature of officiaf before whom affidavit was made - p ~ ~ti. ~ -l:: ~ ~ ~ 'f! ) o w ~ ::~ N ,'0 -0 ::t: ~ C- O' ,'.::'"J .:,0.:.; )i~ ~~i:D --0'" ("") {:; rn :=:\ ~ ~ Title of official g s: ~CD rn. ::r. Z~ (f). . ; ~I." t2C J8 ~ o --C1 ,-1 My commission expires on ___' year __' .COMMONWEALTH OF PENNSYLVANIA ~OUNTY OF: CUMBERLAND 09-3-04 NOTICE OF JUDGMENTITRANSCRIPT PLAINTIFF/JUDGME~~JJ,.o~AS e- o NAME and ADDRESS 'HARGROVE, III, WILLIE C 280 KEYSTONE DRIVE MIDDLETOWN, PA 17059 L "I ;~ .. Mag. Dist. No.: OJ Name: Hon. THOMAS A: PLACEY Address: 104 S. SPORTING HILL RD. MECHANICSBURG, PA 17050 VS. DEFENDANT/JUDGMENT C~lln~fbDRESS ~APA TRANSPORTATION P.O. BOX 959 MECHANICSBURG, PA 17055-0959 L -1 Telephone: (717) 761-8230 I: ATTORNEYDEF PRIVATE : "I LESLIE D. JACOBSON, ESQ. 8150 DERRY ST. HARRISBURG, PA 17111 -1 Docket No.: cv- 0000025 - 03 Date Filed: 1/22/03 ,"' .:\, THIS IS TO NOTIFY YQU THAT: '. ' Juagmen6 - FOR PLATNTIFF [i] Judgment was entered for: (Name) JJlU?~RnVR, TTT, WTT.T.TR l". [i] Judgment was entered against: (Name) NAPA TRAN9PORTATTON l~t in the amount of $ 2,122 2(,; on: (Date of JUdgment) 1:\/11:\/0::\ . . o Defendants are jointly and severally liable. o Damages will be assessed on: (Date & Time) O Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Amount of Judgment $ 2,055.76 Judgment Costs $ 66.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 2,122.26 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ j.,. o This case dismissed without prejudice. ANYPARrt HAS THE; RIGHT. TO APP!l:AL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENTE3Y ElLING 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 JUDGMENTITRANSCRIPT 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 M~J;COMell'ijOM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. /", J, /"_'" .... ') ..1 /,..~ UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTEb IN THE JUDGM(Nr'MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENTri'E$lf'OFH~AYS IN -FULL,. SEttLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ;:".... 1. : 4 $ Date ~- ~ ~r--. (,'")) ) j.. -' . , I certify that this is a true a correctcopy. f-tne-reeord-ef-the.p Q<;:~edings containing the judgment. .. ---- ---,/' i , - Iii (,,:)) Dare , District Justice , DistrictJustice' V My commission expires first Monday of Januar ,2004 . AOPC 315-03 SEAL ---""-_.. . COMMONWEALTH OF PENNSYLVANIA ~\;OUNTY OF: CUMBERLAND Telephone: (717) 761- 8230 17050 NOTICE OF JUDGMENTITRANSCRIPT PLAINTIFF/JUDGME~~JJ,.o~AS E r- NAME and ADDRESS 'NAPA TRANSPORTATION 4800 EAST TRINDLE RD P.O. BOX 959 ~CHANICSBURG, PA 17055-0959 VS. DEFENDANT/JUDGMENT C~lln<;?.fbDRESS ~GROVE, III, WILLIE C 280 KEYSTONE DRIVE MIDDLETOWN, PA 17059 I Mag. Disl. No.. OJ Name: Hon. THOMAS A. PLACEY Address: 104 S. SPORTING HILL RD. MECHANICSBURG, PA ~ I ATTORNEY FOR PLAINTIFF LESLIE D. JACOBSON, ESQ. 8150 DERRY ST. HARRISBURG, PA 17111 9, ~;1 t ~ THIS IS TO NOTIFY YOU THAT: Judgment: ~ Judgment was entered for: FOR DEFENnAN"l' [iJ Judgment was entered against: (Name) NAPA TRANSPORTATTON (Name) RAR~ROVR, TTT, WTT.T.T'R ~ in the amount of $ nn on: (Date of Judgment) E;/1 c;/n~ .. . o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed without prejudice. (Date & Time) o Amount of Judgment Subject to AttachmenVAct 5 of 1996 $ Amount of Judgment $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY 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 JUDGMENTITRANSCRIPT 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...":\\\:t.:HUIt",,rr, UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INT~ft~~~b,IN TH~~.fioA~NT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGM~T.,p~BT.O'R PAYS IA'-':UI!.L~SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. :..... : . " " '~, : "; "';~'., ,.,.:. -: ; l...,l ~ . .:: ... . ... , Date ,. ". hi '" ~. , DistriCfJusJ~e I certify that this is a true a (j corr~ctcopyof the record of the p oceedings containing the Judgment. . , . -' J'- I ../" , '.. \!-; r \ '; Date \ ./' , District Justice . - I \' I My commission expires first Monday of January, 2004 . SEAL AOPC 315-03 () Cl 0 C W -n ;;:: <- :~ -ot:rj C _o,:-:;"'"D rnr-r; Z Z:D I --,}m Z,.- -I\.j (j) ::.-:> C-",) -\.:, -'<; . kC -u J.. " i:J ~,. - ~,:;C) >=c: ~ :~lTl c.. ~~l Z :,.) 53 =< c,.} '< 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 the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ; S5 AFFI DAVIT: I hereby swear or affirm that I served I!l a copy of the Notice of Appeal, Common Pleas No. 03-2427 __, upon the District Justice designated therein on (date of service) M~y 17 ,year ?OOq . 0 by personal service [ilby (certified) (rag:!ll~._j) mail, sender's receipt attached hereto, and upon the appellee, (name WILLIE C. HARGROVE III. ' on May 27 , year ~03 , 0 by personal service ~ by (certified) (re",: J) mail, sender's receipt attached hereto. l!l 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 May_l1__, year 200~, D by personal service I!] by (certified) (r .J." d) mail, sender's receipt attached hereto, SWORN (~ ~ED) ANp-sm\SCRIBED BEFORE ME THIS DAY ck.- v.ItL ,YEAR 2<XJ 2. _./1; ~l/--.--'\ (:- ' f()'X.--:~~~.~ , " '. ~.~ ./' .:, e:<, (/ ~~, ,/ ---....s~t'! officlalj]d'!ore whom affi)Javit w)l" made 7 .' i .-..' I . /i{j;./i.'- j i1i/t:..(lA.~-:~ -"~I - Title of official TAMMY NOTARlALSEAL SWAT~ ~RER. N01\l\RY PlJ8UC Mf '. COUNTY OF DAUPHIN COMMISsIOO EXPIRES OCTOBER 30. 2006 c., My commission expires on ____, year ~_' - ------ - ~ -- ----...--"'~~~~~f"~~:' COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM Cumberland County . JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. O~3 - ';;"y;;.''7 'i ''--t- C (.)1 l / V<.r'7 NOTICE OF APPEAL Notice is given that the appellant has tiled in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT i-lAPA Trans ortatioll ADDRESS OF APPELLANT CITY 4800 E. Trindle Road POBox 959 Mechanicsburg MAG. DJST. NO. OR NAME OF D.J. 09-}-04 DATE OF JUDGMENT STATE PA lIP CODE 17055 IN THE CASE OF (PLAINTIFF) (DEFENDANT) CV YEAR ,NAPA CV-0000025-03 iOll v . Willie C. Har rove III SIGNA lURE t APPELl~NT OR HIS A HOANEY OR AGENT " '. ' (i\ / /' ( // A I V' \'! ;- 1.1 "-- \./"\._ :', CLAIM NO. This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. If appel/ant was Clai ant (see PA R.CP.JP. No. 1001(6)) in actiortlbefqre district Justice, he .L .' MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. LT YEAR Signature of Prothonotary orDeputy - PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form fa be used ONLY when a/lp'ellant was DEFENDANT (see PA RC.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy 01 notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Willie C. Hargrov"" III __, appellee(s),.to file a complaint in this appeal Name of appellee(s) ^') -.:;Jl.J..;;. 7 (.~, " 6 within twenty (20) days after service of rule or~f.''',er'Y 01 jtdg~ent of ntn pros.. r&', / 'tA.I.d (J (-ECl-I/'Jt,<AA--- '-~ ,: Signature of appella t pr his attorney or agent . , - , i (Common Pleas No. 0"4 RULE: To Willie C. Hargrove III Name of appellee(s) , appellee(s) v (1) You are notifie.dthata ru.I~,i~ J:t.!lraby ooter<ld'upanVoij to file a complaint in this apPeal within twenty(2p),~y~ after the d~~~~s:er1JTCe-oltrn'l'Ule~,n;Y,9,u bY..~~!~9~ai service or by certified or registered mail. If you dO:~Qr~I~I.!~O;rRi~~t':,~iliPtb'i~:t~e, a'~I.fd,~ENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAE: -' .':':'-- . ....:i,:-\/(. .- '.' ! " l::~ :;i-:"2:~,,_,,_~,.." ," '":._;..,:,, ".:',.."t-_.,", ,~,"".- ,..... The date of servicit at Ihisrule !fserVic~ was by mail is the date of the mailing. ":h 0'\ (2) (3) Dale: (1? rl 'i ;J,,).,.. .~ . ,'~ - , Year ~6.iS .."" White Green Yellow Pink Gold Prothonotary Copy Court File Copy Appeiant's Copy Appellee Copy D. J. Copy Proth. - 76 WILLIE C. HARGOVE, III, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03-2427 Civil Term NAPA TRANSPORTATION, INC., Defendant CIVIL ACTION - LAW 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 prompt 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 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 Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 WILLIE C. HARGOVE, III, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03-2427 Civil Term NAPA TRANSPORTATION, INC., Defendant CIVIL ACTION - LAW COMPLAINT AND NOW, this Lday of June 2003, comes the Plaintiff, Willie C. Hargrove, III, by his attorney, Arthur K. Dils, Esquire, and respectfully avers the following: 1. The Plaintiff is Willie C. Hargrove, III, an adult individual having been born March 16, 1973, and currently resides at 280 Keystone Drive, Middletown, Dauphin County, Pennsylvania 17057. 2. The Defendant, NAPA Transportation, Inc., is a Pennsylvania business corporation maintaining a business address at P.O. Box 959, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff, Willie C. Hargrove, III, is an independent owner/operator of a tractor. He is engaged in the business of hauling motor freight. 4. In the year 2002, as part of the Plaintiffs business, he began transporting trailers of NAPA Transportation, Inc. 5. During the course of hauling trailers of the Defendant, NAPA Transportation, Inc., one trailer was stolen. This occurred on or about November 23, 2002, or November 24, 2002. The Plaintiff, Willie C. Hargrove, III, immediately notified Harrisburg City Police as the trailer was stolen from a parking area in Harrisburg, Pennsylvania. 6. The trailer was stolen through no fault of the Plaintiff, Willie C. Hargrove, III. He had detached his tractor to have it serviced and was never instructed not to detach his tractor by the Defendant. 7. The Plaintiff, Willie C. Hargrove, III, had parked the trailer in the same area in the City of Harrisburg on previous occasions and the Defendant was aware of this and also, the Defendant had permitted other trailers to be parked in that area for some time, and on the date that this Complaint was verified, the Plaintiff viewed a trailer of the Defendant's parked in the same location where he had parked the trailer which was stolen. 8. The Plaintiff cooperated with the Harrisburg City Police in providing loss identification and the trailer was subsequently found some distance away. 9. The Defendant terminated all contracts and relationship with the Plaintiff, within a day or so after the theft occurred. 2 10. The Defendant, upon termination of the contract, failed to pay the Plaintiff monies owed to the Plaintiff for previous services rendered and previous transportation of the trailers by the Defendant. 11. The total amount due the Plaintiff, Willie C. Hargrove, III, for past services rendered to the Defendant is one thousand eight hundred eighty-two dollars and eighty-two cents ($1,882.82). The Plaintiff has made repeated requests for payment for his services rendered and the Defendant has failed to make payment and has not fully given an explanation except by filing a counter- claim to the Plaintiffs claim for monies owed him for prior services rendered; said counterclaim was filed though the Plaintiff s claim at the District Justice level. 12. The trailer was stolen because the Defendant failed to maintain the king pin lock on the trailer. 13. The Plaintiff, Willie C. Hargrove, III, performed his contractual obligation with the Defendant by driving approximately 2,200 to 2,400 miles and was not compensated for these services. The Plaintiff calculated the amount due by utilizing a mileage chart provided to him by the Defendant, NAP A Transportation, Inc. 3 WHEREFORE, the Plaintiff, Willie C. Hargrove, III, respectfully prays your Honorable Court to enter judgment against the Defendant, NAP A Transportation, Inc., in the amount of one thousand eight hundred eighty two dollars and eighty two cents ($1,882.82) plus District Justice costs of sixty six dollars and fifty cents ($66.50) and any other costs and accrued interest. Respectfully submitted, BY: ~ U / ';e',d; Arthur K. Dils, Esquire 1017 North Front Street Harrisburg, P A 17102 (717) 232-9724 I.D. No. 07056 4 VERIFICA TION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsi fication to authorities. Date: June 10. 2003 C HARG~ CERTIFICATE OF SERVICE I, Arthur K. Dils, Esquire, hereby certify that a true and correct copy of the within Complaint has been served upon the following individual by first class, United States mail, postage prepaid, by depositing same at the post office in Harrisburg, Pennsylvania, on the Lday of June 2003, addressed as follows: Leslie D. Jacobson, Esquire 8150 Derry Street Harrisburg, P A 17111 Respectfully submitted, ../:t Arthur . Dils, Esquire 1017 North Front Street Harrisburg, P A 17102 (717) 232-9724 I.D. No. 07056 Date: June 11, 2003 5 0 C:) 0 c: w -" ;0- '- CJ ~:~! :2 : "' n1 -';-; !l ~). ;--:' C n Co " f\.) '-.-:J -< (~) r- ',-', ..0 -r; -n ~:: --- , I"') < .:i.~ ~ ~'n -, -" (/1 ':..:) -< WILLIE C. HARGROVE Plaintiff NAPA TRANSPORTATION, INC. Defendant To: Willie C. Hargrove c/o Arthur K. Dils 1017N.FrontSt. Harrisburg, PA 17102 o IN mE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2427 Civil Term CIVIL ACTION - IN LAW You are hereby notified that you are req . Counterclaim within twenty (20) days of receipt to respond to the enclosed New Matter and rvice thereof. &\ s ie D. Jacobson Attorney for Defend 8150 Derry Street Harrisburg, P A 17111 (717) 909-5858 WILLIE C. HARGROVE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2427 Civil Term NAPA TRANSPORTATION, INC. Defendant CIVIL ACTION - IN LAW ANSWER. NEW MATTER. AND COUNTERCLAIM AND NOW comes Answering Defendant, NAPA Transportation, Inc. and files the following Answer, New Matter and Counterclaim and in support thereof states as follows: 1. Admitted. 2. Admitted. 3. Admitted in part, denied in part. It is admitted that the Plaintiff is an independent owner/operator of a tractor. Answering Defendant is without knowledge sufficient to form a belief as to the truth of the remaining averments in paragraph 3, therefore denies same and demands strict proof at time of trial. 4. Admitted that the Plaintiff began transporting trailers for the Defendant. 5. Admitted that the trailer was stolen and Plaintiff notified Harrisburg City Police. 6. Denied. The Plaintiff was at fault for the loss of the trailer, as he left it in an unsecured and unauthorized parking area. 7. Denied. The Defendant was not aware that the Plaintiff was parking NAPA trailers in an unsecured and unauthorized parking area, and is not aware of any of its trailers parked in unsecured and unauthorized parking areas.. 8. Admitted that the trailer was eventually recovered. 9. Admitted that the Defendant terminated all contracts and relationship with the Plaintiff within a day or so after the theft occurred. 10. Denied that any monies are owed to the Plaintiff for services rendered and transportation of trailers. 11. Denied that the Defendant owes $1,882.82 to the Plaintiff. 12. Denied that the trailer was stolen because the Defendant failed to maintain the king pin lock on the trailer. 13. Admitted in part, denied in part. It is admitted that the Plaintiff drove 2087 miles. It is denied that the Defendant owes Plaintiff any monies. WHEREFORE, Defendant, NAP A Transportation, Inc. respectfully requests this Honorable Court to enter judgment in its favor and against Plaintiff, and for any other relief deemed just and appropriate. NEW MATTER PURSUANT TO PA R.C.P. 2252(d) 14. The Defendant incorporates the averments in items 1 through 13 as though set forth in full. 15. On or about August 20, 2002, the Defendant hired the Plaintiff as an owner-operator to haul trailers. 16. During the orientation process, the Plaintiff signed the Owner-Operator Rate Schedule and Lease Addendum, attached as Exhibit 1, which specifically stated that any shortages or damages to cargo, company owned equipment or any deductible arising from any insurance claim against the Defendant will be oharged back to the owner-operator. 17. On or about November 23,2002, the Plaintiff parked Defendant's loaded trailer in an unsecured and unauthorized parking area, contrary to the specific instruction of his supervisor. 18. On or about November 23, 2002, the Plaintiff detached Defendant's loaded trailer from his tractor, leaving the loaded trailer unlocked in the unsecured and unauthorized parking area. 19. On or about November 24, 2002, the Plaintiff reported the loaded trailer was stolen to the Defendant and to the Harrisburg City Police. 20. On or about December 17,2002, the trailer was recovered, without its load, in Marcus Hook, Pennsylvania. 21. The insurance deductible for the stolen trailer and its load is $2500.00. 22. The cost to replace the stolen trailer from November 24, 2002 until December 20, 2002 was $310.50 (27 days at $22.50 per day). 23. The cost to return the stolen trailer to Mechanicsburg, Pennsylvania from Marcus Hook, Pennsylvania is $262.08 (218.4 miles at $1.20 per mile). 24. The cost of the trailer pin lock supplied to the Plaintiff but not recovered is $15.00. 25. The cost of the drug test kit supplied to the Plaintiff but not recovered is $12.50. 26. The cost of the accident kit supplied to the Plaintiff but not recovered is $12.50. COUNTERCLAIM 27. The Defendant incorporates the averments in Paragraph's 1 through 268 as though set forth in full. 28. The Plaintiff was negligent when he left the loaded trailer in an unsecured, unauthorized parking area contrary to the specific instruction of his supervisor. 29. The Plaintiff bears sole responsibility for the theft of the trailer and its cargo, because of his negligence. 30. In parking the loaded trailer in an unsecured, unauthorized parking area, the Plaintiff breached the terms of the Owner-Operator Rate Schedule and Lease Addendum. 31. The terms of the Owner-Operator Rate Schedule and Lease Addendum provide that the Plaintiff is liable for any loss or damage to cargo and/or equipment. 32. The Plaintiff is required to compensation the Defendant for the loss of cargo and damage to equipment that resulted because of his negligence. WHEREFORE, Defendant NAPA Transportation, Inc. prays this Honorable Court enter its judgment in favor of the Defendant, in the amount of $4406.38, and for any other relief deemed just and appropriate. Date: 8-4.0..:3 PECTFULL Y SUBMITTED, , & r Leslie D. Jacobso ID# 52673 8150 Derry Stre t Harrisburg, PAT 11 (717) 909-5858 Attorney for Defendant NAP A Transportation, Inc. VERIFICATION I, Terry V. Dagen, do hereby verifY that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that faIse statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE: ?-.{03 By: -v;.i2 J 1\_. / TerryV.Dage ~ Director of ety NAPA Transportation, Inc. .' .- WILLIE C. HARGROVE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-2427 Civil Term NAPA TRANSPORTATION, INC. Defendant CIVIL ACTION - IN LAW To: Willie C. Hargrove c/o Arthur K. Dils 1017 N. Front St. Harrisburg, P A 171 02 CERTIFICATE OF SERVICE The undersigned legal assistant employed by the Law Offices of Leslie D. Jacobson, hereby certifies that a true and correct copy of the attached Complaint has been duly served on this clay by depositing the same in the United States mail, first class, postage prepaid, addressed as follows: To: Willie C. Hargrove c/o Arthur K. Dils 1017N. FrontSt. Harrisburg, P A 17102 Date: 0-1-().3 ct~~, Legal Assistant Law Offices of Leslie D. Jacobson 8150 Derry Street Harrisburg, P A 17111 (717) 909-5858 WILLIE C. HARGROVE, III Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03-2427 Civil Term NAPA TRANSPORTATION, INC., Defendant CIVIL ACTION - LAW REPLY TO NEW MATTER AND ANSWER TO COUNTERCLAIM AND NOW, this 27th day of August 2003, comes the Plaintiff, Willie C. Hargrove, III, by his attorney, Arthur K. Dils, Esquire, and respectfully replies and answers as follows: REPLY TO NEW MATTER PURSUANT TO PA.R.C.P.2252(dl 14. Paragraph 14 requires no answer. 15. Paragraph 15 is admitted. 16. In reply to Paragraph 16, the answer to Complaint with New Matter and Counterclaim filed by the Defendant, NAP A Transportation, failed to attach as Exhibit 1, the Owner-Operator Rate Schedule and Lease Addendum as set forth in Paragraph 16 of the Defendant's New Matter. 17. Paragraph 17 is denied. It is denied that the Plaintiff parked Defendant's loaded trailer in an unsecured and unauthorized parking area, contrary to the specific instruction of the supervisor, Defendant. The Defendant, through its prior course of conduct, had permitted use of the parking area by the Plaintiff. The Plaintiff, in the past, had utilized the same parking area. The employer, Defendant, was aware that the Plaintiff had used this parking area. There is a satellite device placed in the Plaintiffs tractor, which permits the employer to know the whereabouts of the tractor at all times. The Plaintiff had parked said tractor and trailer in that location consistently after picking up the load from the Defendant, at least forty (40) or fifty (50) times. 18. The trailer was not locked because the Defendant failed to provide a locking device and failed to lock the trailer prior to the Plaintiff picking up the trailer. The area was secured, in that, the Plaintiff had previously utilized said parking area with the Defendant's knowledge. The area was in a residential neighborhood, patrolled by Harrisburg Police and close to the railroad patrolled by the Railroad Police. 19. Paragraph 19 of the New Matter is admitted. 20. Proof is demanded for the allegations of the Defendant's New Matter in Paragraph 20, as this allegation is within the exclusive knowledge and control of the Defendant; however, the Plaintiff has no reason to deny this allegation at this time. 21. Proof is demanded for the allegations contained in Paragraph 21, as the Plaintiff does not have access to the insurance policy nor does he know the 2 amount of the deductible and said information is within the exclusive knowledge and control of the Defendant and the Plaintiff is without knowledge ofthe same. 22. Proof is demanded for the allegations contained in Paragraph 22, as to the cost to replace the trailer from November 24 until December 20, at the rate of $22.50 per day for 27 days, as said allegation is within the exclusive knowledge and control of the Defendant and the Plaintiff is without knowledge of the same. 23. proof is demanded for the allegations contained in Paragraph 23, as to the cost to return the trailer to Mechanicsburg, Pennsylvania, at $1.20 per mile for 218.4 miles, as said allegation is within the exclusive knowledge and control of the Defendant and the Plaintiff is without knowledge of the same. 24. Paragraph 24 is denied. It is denied that the trailer pin lock was ever supplied to the Plaintiff. 25. Paragraph 25 is denied. It is denied that the drug test kit was not recovered by the Defendant. To the contrary, it is specifically averred that the drug test kit was in fact returned to the Defendant at the time of the Hearing before the District Justice in the presence of counsel for both parties and the parties. 3 26. Paragraph 26 is denied. It is denied that the accident kit was not returned to the Defendant, in that, said accident kit was turned over to the Defendant at the time of the Hearing before the District Justice in the presence of counsel and the parties. ANSWER TO COUNTERCLAIM 27. Paragraph 27 require no answer. 28. Plaintiff denies that he was negligent. The Plaintiff, in the past, had utilized the same parking area. The employer, Defendant, was aware that the Plaintiff had used this parking area. There is a satellite device placed in the Plaintiff's tractor, which permits the employer to know the whereabouts of the tractor at all times. The Plaintiff had parked said tractor in that location consistently after picking up the loads from the Defendant, at least forty (40) or fifty (50) times. Each time, the Employer knew of this location through the satellite device. The area was not unsecured, as it is a well lit area and patrolled by both the Harrisburg City Police Department and also within view ofthe Railroad Police. 29. The Plaintiff does not bear responsibility for the theft of the trailer. The Defendant knew that to secure the trailer, they should have placed a lock on 4 the trailer or supplied a lock for the trailer. Because the Defendant did not lock the trailer, this caused the theft and the loss. 30. It is denied that the trailer was parked in an unauthorized parking area as the Defendant, through its prior course of conduct, had permitted use of this area. The employer, Defendant, was aware that the Plaintiff had used this parking area. There is a satellite device placed in the Plaintiffs tractor which permits the employer to know the whereabouts of the tractor at all times. The Plaintiff had parked said tractor in that location consistently after picking up the loads from the Defendant, at least forty (40) to fifty (50) times. Each time, the employer knew of this location through the satellite device. It is denied that Plaintiff breached the Owner-Operator Rate Schedule. It is denied that this area was unsecured as it was a city street, well lit, and patrolled by the Harrisburg Police and also within view ofthe Railroad Police. 31. Proof is demanded for the allegations contained in Paragraph 31 as to the contents of the Owner-Operator Rate Schedule and Lease Addendum. It is denied that Plaintiff is liable in that the theft occurred by third persons under which the Plaintiff had no ability to control or prevent and he exercised due care in connection with the trailer. 32. It is denied that Plaintiff is required to compensate the Defendant, in that, the Defendant knew this parking area had been used in the past and that the 5 Plaintiff was not negligent, in that the Defendant failed to provide a locking device to the trailer. WHEREFORE, the Plaintiff, Willie C. Hargrove, III, respectfully prays your Honorable Court to deny the Defendant's Counterclaim. Respectfully submitted, BY: rthur K. Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 07056 6 VERIFICA TION I verify that the statements made in this Reply to New Matter and Answer to Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. . HARGROVE, III Date: August 26, 2003 CERTIFICATE OF SERVICE I, Arthur K. Dils, Esquire, hereby certify that a true and correct copy of the within Reply to New Matter and Answer to Counterclaim has been served upon the following individual by first class, United States mail, postage prepaid, by depositing same at the post office in Harrisburg, Pennsylvania, on the 27th day of August 2003, addressed as follows: Leslie D. Jacobson, Esquire 8150 Derry Street Harrisburg, P A 17111 Respectfully submitted, BY Arthur K. Di s, Esquire 1017 North Front Street Harrisburg, P A 17102 (717) 232-9724 J.D. No. 07056 Date: August 27, 2003 0 r-:-..::.. ~ c: (....) -;,.~ ~ ::.-j -0 i"Y; ;,=; -r, Q.\;:: j") ,..:.:: Z:J..: f'-.,') r\rfl 7(' .~l ~r '",_ en ';l, (..0 -<:; ~ -n ,~) .H ~. 5} _.~." c-; ~.Jo. ~ 'nO , N ("':5 loOn r C' ___I _.;~. ~ -( (n WILLIE C. HARGROVE, III, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2427 CIVIL Term 19 vs. NAPA TRANSPORTATION, INC., Defendant RULE 1312.1. The Petition for Appointment of Arbitrators shaH be substantiaHy in the foHowing fonn: PETITION FOR APPOINTMENT OF ARBlTRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Arthur K. Dils ,counsel for the plaintiffi~lHIIIA:in the above action (or actions), respectfuHy represents that: I. The above-captioned action ~1RlCillIIt) is (a) at issue. 2. The claim of the plaintiff in the action is$ $2,014.86 plus iQterest and costs. The counterclaim of the defendant in the action is S 4,40/\. 11'\ The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: Arthur K. Dils, Esquire Leslie D. Jacogson, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. aJ~b~ Arthur K. Dils, Esquire ORDER OF COURT AND NOW, ~/~ . ,~~inconSiderationofthe.1J foregoing petition, ~ ~~ Esq., ~y A;jL~ Esq., and f'v fi1/7(~--U k -'&(L..' ,Esq., are appointed arbitrators in the above captioned action (or actions) as p#di~; I P.J. ! ',' ........,,-- l.t " 91 :?, p ~ H ...... ~ C/) ~ () C - "- c,.., g ~ ~ ,.....J 0 ,= c:~ -'1 .C- , , '--- ..... 1- C~ ~ r .. l \-'" " ,.- .. Cl '-- . '".,-...r-, ': ;.J 21 hOC? '[Ij(:c. . lDlL-L./R C. I-IAR00VE ,.nL Plaintiff In The Court of Common Pleas of Cumberland County, Pennsylvania No.2.i..- ;l t.{ 0-1 ! \ NMA IRAJJ$ fOR.1AT IDN )--LNC . V Defendant Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution ofthis Commonwealth and that we will discharge the duties of our office with fidelity. r Civil Action - Law. 'gnamr~ ~~~ ....-;- \-\{)~A-~ ~. pR-1 E{.\T c;eD'I'''S e \-, Do"\ I.uslTI: Name (Chainnan) N:~me l\ . , .. . J. ^ D 5CUAOlM-- / ~ I ~bLZ. J, A$SDC ~ C c:~ t- ~ L;:~ ~ ,~\~) S1- Laj~irm ~, t*,evlt SI- f\ddress 1\ddress <:} ~ty~'fY0<:>bu~ f417ln ~,{ivl\slf ~ 1(0\3 <qJr~ _ 0~).{\.(i+eV' SfeA.V's Name MaY'trlPi, VettfJoy{.C/ Law Finn to C;<tS~ \-\l~ '3+. 1\ddress J!.o.vo\lslf ~A nO 1:3 City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following awar~: ,(Np,te: If damages for d,elay aTflfWl\fdef"tp,ex shall be s~arately stated.} _ (1 -IJ, d~&IC.\- \'-1 A:-avOIi' .,{- ~ \" a\ k1'lI-F- ~ ~ a~Otll1; m- Ql.() ILtI <?(P QYLt;( C~s;-tS. V~\rj-- ~\~<t ~ . - 0.eG:7'-t&a.'-1.t ())1 1+$ C'Ol1w1-eY'O\QI~, 'P/c(('''t~.(:~ 1<;;' WC'\ Vi" C I t-laV";;/o\J€ I JTI, Dt'fe. '1.0--ct.'1. -\- (S iJ/1-PA IRltJJS- fo I<.. TA--\'I ON ) ;J::yt C. I . Arbitrator, dissents. (Insert name if applicable.) Date ofHearing: ~+. \14 \ LOOY Date of Award: 6c,{-.~} 2-00t (Chainnan) ~p~~ N~ce of Entry of Award Now,theLdaYOf LQ ~f ,20~,at}lJ~~O, ,k-:M.,theaboveawardwas entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $, d..-9 0, vb _ (~ Kat ~ By ),-~JJ) ~ Pro~tary J . ~ Deputy () C\ ~ tI1A-\. .1--,. \'bfL \ G, ~ , ~O"<J- ~\ \)D~ \a: 5 .m :r e\{Vll~ Y' CS f <2LlY'5 d 1\ - S ~ ~'7 bl \..p- t,w. ()j - l\Qq '-\ to () (p 0(3- }-002- \ ~l ~ }-o. ~. '- 1 ~ ~ ~ ~' r- ('> ~. L '.: ~ ~4 """ ~ 2~ Q ~ r- --.. 0 'f\ ~. . ' , <::'>.. -,:::... Willie C. Hargrove, III Plaintiff In the Court of Common Pleas Cumberland County, Pennsylvania v. No.: 03-2427 NAPA Transportation, Inc. Defendant CIVIL ACTION - LAW NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: o Notice is given that NAPA Transportation, Inc. appeals from the award of the board of arbitrators entered in this case on October 14, 2004. A jury trial is demanded. (If not checked, jury trial is waived.) I hereby certify that: xx the compensation of the arbitrators has been paid or application has been made for permission to proceed in forma pauperis. eslie D. Jacobson ID# 52673 8150 Derry Street Harrisburg, PA 17111 Phone: 717.909.5858 FAX: 717.909.7788 / 4 WILLIE C. HARGROVE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No.: 03-2427 NAPA TRANSPORTATION, INC. Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 1ih day of November, 2004, I, Carolyn Smith, legal assistant at the Law Offices of Leslie D. Jacobson, attorney for the Plaintiff, hereby certify that on this day I served the within Appeal from Award of Board of Arbitrators upon the person indicated below, by depositing a true and correct copy of the same in the United States Postal Service, First Class, postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Arthur Oils, Esquire Oils and Oils 1017 N. Front Street Harrisburg, PA 17102-3317 LAW OFFICES OF LESLIE D. JACOBSON ;) ~ ji ~ By: (it20. _) y;)m~ YA_ ) Carolyn Sm t , Legal Assistant 8150 Derry Street Harrisburg, PA 17111.5260 PHONE: 717.909.5858 FAX: 717.909.7788 c:... ~ I r- ~ ~ \? CI', , \ ~ F '4 0"\ \A, ....!> ~ ~ "" t5 ~ 2 i>-t:J (" ~, G:' ,:.:) ~ t r-' , ".,,1, .0<:; -I, ~;"f: :"'j -:;, - ,.~ ~~tl /': " .;",' . (') c" 9 c.,) a ,.. . ~ ~, f::,") :i'2 c; - j~1 -""'" .",.rrn.~ C;::,l 00111.:;:: ",_J ~?:.. j'n .. r ~S;'/E ~).T' - 1'\.) :t':,.... ~ .) ::;:-1 :'(J' ~'""t',: DICKINSON COLLEGE, Plaintiff, vs. MARC E MICKEL, MARILYN K. SMITH & JENNIFER MICKEL, Defendants. To the Plaintiff: You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days of service hereof or a judgment may be entered against you. Allen Andrascik, Esquire .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNfY, PENNSYLVANIA No. 03-2477 CIVIL ACTION-LAW TYPR OF PI .RA nING: ANSWER & NEW MATTER FIT .F.n ON RF.H A I .F OF~ Defendant, Marc E. Mickel r.OlTN~F.I. OF RF.r.ORn: Allen Andrascik, Esquire Pa. I.D. No. 53423 2601 Darlington Road P.O. Box 1555 Beaver Falls, PA 15010 (724) 846-9188 DICKINSON COLLEGE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. No. 03-2477 CIVIL ACTION-LAW MARC E MICKEL, MARILYN K SMITH & JENNIFER MICKEL, Defendants. ANSWER AND NEW MATTER AND NOW, comes the Defendant, Marc E. Mickel, by and through his undersigned counseL Allen Andrascik, Esquire, and files this Answer and New Matter to Plaintiffs Complaint, averring as follows: ANSWER 1. After reasonable investigation, Defendant Marc E. Mickel is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments of Paragraph 1 of Plaintiffs Complaint and therefore denies such averments. Strict proof of such averments is demanded. 2. The averments of Paragraph 2 of Plaintiffs Complaint are admitted. 3. After reasonable investigation, Defendant Marc E. Mickel is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments of Paragraph 3 of Plaintiff's Complaint and therefore denies such averments. Strict proof of such averments is demanded. 4. After reasonable investigation, Defendant Marc E. Mickel is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments of Paragraph 4 of Plaintiffs Complaint and therefore denies such averments. Strict proof of such averments is demanded. 5. The averments of Paragraph 5 of Plaintiffs Complaint are denied. It is denied that Defendant Marc E. Mickel entered into a Promissory Note with the Plaintiff and it is further denied that Exhibit "A" is a Promissory Note. To the contrary, the Exhibit, which is attached to the Complaint, purports to be a Retail Installment Contract and not a Note. By way of further Answer, it is denied that the Exhibit attached to the Complaint is true, correct or accurate, as its terms on the left hand margin are unintelligible and are cut off by the photocopying of the document served upon Defendant Marc E. Mickel. 6. The averments of Paragraph 6 of Plaintiffs Complaint are denied. It is denied that the document attached as Exhibit "A" is a Note and therefore Defendant Mickel denies that "Note 1", as defined by the Plaintiff, provides any terms as alleged in Paragraph 6. 7. The averments of Paragraph 7 of Plaintiffs Complaint are denied. It is denied that Defendant Marc E. Mickel entered into a promissory note with the Plaintiff and it is further denied that Exhibit "B" is a Promissory Note. To the contrary, the Exhibit, which is attached to the Complaint, purports to be a Retail Installment Contract and not a Note. By way of further Answer, it is denied that the Exhibit attached to the Complaint is true, correct or accurate, as its terms on the left hand margin are intelligible as they are cut off by the photocopying of the document served upon Defendant Marc E. Mickel. 8. The averments of Paragraph 8 of Plaintiffs Complaint are denied. It is denied that the document attached as Exhibit "B" is a Note and therefore Defendant Mickel denies that "Note 2", as defined by the Plaintiff, provides any terms as alleged in Paragraph 8. 9. The averments of Paragraph 9 of Plaintiffs Complaint are denied. It is denied that Defendant Marc E. Mickel entered into a promissory note with the Plaintiff and it is further denied that Exhibit "C" is a Promissory Note. To the contrary, the Exhibit, which is attached to the Complaint, purports to be a Retail Installment Contract and not a Note. By way of further Answer, it is denied that the Exhibit attached to the Complaint is true, correct or accurate, as its terms on the left hand margin are unintelligible and are cut off by the photocopying of the document served upon Defendant Marc E. Mickel. 10. The averments of Paragraph 10 of Plaintiff's Complaint are denied. It is denied that the document attached as Exhibit "C" is a Note and therefore Defendant Mickel denies that "Note 3", as defined by the Plaintiff, provides any terms as alleged in Paragraph 1 O. 11. The averments of Paragraph 11 of Plaintiff's Complaint are denied. It is denied that Defendant Marc E. Mickel entered into a promissory note with the Plaintiff and it is further denied that Exhibit "D" is a Promissory Note. To the contrary, the Exhibit, which is attached to the Complaint, purports to be a Retail Installment Contract and not a Note. By way of further Answer, it is denied that the Exhibit attached to the Complaint is true, correct or accurate, as its terms on the left hand margin are unintelligible and are cut off by the photocopying of the document. 12. The averments of Paragraph 12 of Plaintiff's Complaint are denied. It is denied that the document attached as Exhibit "D" is a Note and therefore Defendant Mickel denies that "Note 4", as defined by the Plaintiff, provides any terms as alleged in Paragraph 12. 13. The averments of Paragraph 13 of Plaintiff's Complaint are denied, as the incomplete documents attached as exhibits to Plaintiff's Complaint are not Notes, but rather are Retail Installment Contracts and therefore no collective principal is owing on any "Notes", as alleged. 14. The averments of Paragraph 14 of Plaintiff's Complaint are denied. It is denied that the Exhibits attached to Plaintiff's Complaint are Notes. To the contrary, the exhibits purport to be Retail Installment Contracts. It is further denied that the exhibits provide for an award of attomeys fees in the amount of $4,200.00 or that such fees are reasonable. To the contrary, no such fees are awardable pursuant to the Retail Installment Contract and such fees are not reasonable. 15. After reasonable investigation, Defendant Marc E. Mickel is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments of Paragraph 15 of Plaintiff's Complaint and therefore denies such averments. Strict proof of such averments is demanded. By way of further Answer, the Exhibits attached to Plaintiff's Complaint are not Notes, such that there can be no payment obligations on these alleged "Notes". 16. After reasonable investigation, Defendant Marc E. Mickel is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments of Paragraph 16 of Plaintiff's Complaint and therefore denies such averments. Strict proof of such averments is demanded. By way of further Answer, the Exhibits attached to Plaintiff's Complaint are not Notes, such that there can be no payment obligations on these alleged "Notes". 17. After reasonable investigation, Defendant Marc E. Mickel is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments of Paragraph 17 of Plaintiff's Complaint and therefore denies such averments. Strict proof of such averments is demanded. By way of further Answer, the Exhibits attached to Plaintiff's Complaint are not Notes, such that there can be no payment obligations on these alleged "Notes". WHEREFORE, Defendant Marc E. Mickel respectfully requests that this Honorable Court dismiss Plaintiff's Complaint and enter judgment in his favor, together with fees and costs. COUNT I 18. Defendant Marc E. Mickel incorporates herein by reference his Answers to the averments of Paragraphs 1 through 17 of the Plaintiff's Complaint above as if more fully set forth at length. 19. The averments of Paragraph 19 of Plaintiff's Complaint state conclusions of law, to which no response 1S necessary. To the extent a response is necessary, it is denied that Defendant Marc E. Mickel breached any obligations, conditions or terms to which he agreed. It is further denied that the Exhibits attached to the Plaintiff's Complaint are Notes. To the contrary, the purported incomplete exhibits appear to be Retail Installment Contracts. The remaining averments of Paragraph 19 are directed to Jennifer Mickel and no response is therefore required as to those averments by Defendant Marc E. Mickel. 20. After reasonable investigation, Defendant Marc E. Mickel is without knowledge or information sufficient to form a belief as to the averments of Paragraph 20 of Plaintiff's Complaint and therefore Defendant Marc E. Mickel denies such averments. Strict proof of such averments is demanded. By way of further Answer, it is denied that the Exhibits attached to Plaintiff's Complaint are Notes. To the contrary, the purported incomplete Exhibits appear to be Retail Installment Contracts. By way of additional further Answer, the averments directed to Jennifer Mickel, require no response by Defendant Marc E. Mickel. 21. After reasonable investigation, Defendant Marc E. Mickel is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments of Paragraph 21 of Plaintiff's Complaint and therefore denies such averments. Strict proof of such averments is demanded. By way of additional further Answer, it is denied that the exhibits attached to Plaintiff's Complaint are "Notes". To the contrary, the incomplete exhibits appear to be Retail Installment Contracts. WHEREFORE, Defendant Marc E. Mickel respectfully requests that this Honorable Court dismiss Plaintiff's Complaint and enter judgment in his favor. COUNT II 22. Defendant Marc E. Mickel incorporates herein by reference his Answers to the averments of Paragraphs 1 through 21 of the Plaintiff's Complaint above, as if more fully set forth at length. 23. The averments of Paragraph 23 of Plaintiff's Complaint are directed to Defendant Marilyn K. Smith and no response by Defendant Marc E. Mickel is therefore necessary. 24. The averments of Paragraph 24 of Plaintiff's Complaint are directed to Defendant Marilyn K. Smith and no response by Defendant Marc E. Mickel is therefore necessary. 25. The averments of Paragraph 25 of Plaintiff's Complaint are directed to Defendant Marilyn K. Smith and no response by Defendant Marc E. Mickel is therefore necessary. 26. The Plaintiff's Complaint contains no Paragraph 26 and therefore no response by Defendant Marc E. Mickel is necessary. WHEREFORE, Defendant Marc E. Mickel respectfully requests that this Honorable Court dismiss Plaintiff's Complaint and enter judgment in his favor. COUNT III 27. Defendant Marc E. Mickel incorporates herein by reference his Answers to the averments of Paragraphs 1 through 26 of the Plaintiff's Complaint above, as if more fully herein set forth. 28. The averments of the first Paragraph 28 of Plaintiff's Complaint are directed to Defendant Jennifer Mickel and no response by Defendant Marc E. Mickel is therefore necessary. 28. The averments of the second Paragraph 28 of Plaintiff's Complaint are directed to Defendant Jennifer Mickel and no response by Defendant Marc E. Mickel is therefore necessary. 29. The averments of Paragraph 29 of Plaintiff's Complaint are directed to Defendant Jennifer Mickel and no response by Defendant Marc E. Mickel is therefore necessary. WHEREFORE, Defendant Marc E. Mickel respectfully requests that this Honorable Court dismiss Plaintiff's Complaint and enter judgment in his favor. NEW MATTER 30. The Plaintiff fails to state a claim upon which relief may be granted. 31. The Plaintiff's claims are barred and/or diminished based upon the doctrines of laches, waiver and estoppel. 32. The Plaintiff's claims are barred and/or diminished based upon the statute of limitations. 33. The Plaintiff's claims are barred and/or diminished as a consequence of the doctrine of payment. 34. The Plaintiff's claims are barred and/or diminished as a consequence of the doctrine of accord and satisfaction. 35. The Plaintiff's claims are barred and/or diminished as a consequence of its failure to provide credit for payments made. 36. The Plaintiff's claims are barred and/or diminished as no benefit was provided to Defendant Marc E. Mickel. 37. The Plaintiff's claims for attorneys' fees are not authorized by the Retail Installment Contracts. 38. The attorneys' fees sought by the Plaintiff are neither reasonable, nor reflective of actual services rendered. 39. The Defendant Marc E. Mickel did not materially breach the terms of the written agreements between the parties. 40. The Plaintiffs claims are barred and/or diminished based upon Plaintiffs failure to properly effectuate service upon Marc E. Mickel. 41. The Plaintiffs claims are barred and/or diminished as a result of lack of jurisdiction over Defendant Marc E. Mickel. 42. The Plaintiffs claims are barred and/or diminished as a result of its failure to comply with the conditions precedent to declaring a default. WHEREFORE, Defendant Marc E. Mickel respectfully requests that this Honorable Court enter judgment in his favor and against the Plaintiff, Dickinson College together with costs. JURY TRIAL DEMANDED. Respectfully submitted, BY:~ Allen Andrascik, Esquire Attorney for Defendant, Marc E. Mickel VRRTFTC-A TTON I verify. that the statements made in the foregoing are true and correct to the best of my knowledge, information and belief and that I have been authorized to make such verification. I understand that false statements herein are made subject to the penalties of 18 Pa C.S.A. ~4904, relating to unsworn falsification to authorities. DATED: JI),;b<l ~ Marc E. Mickel C:\ALLEN\Civil and General Bu,in..,\Mickel\l'\ANSWER AND NEW MATfER.doc CRRTTFTCATR OF ~RRVTCR I, Allen Andrascik, Esquire, hereby certify that a true and correct copy of the Answer and New Matter was forwarded to the following counsel of record by first-class mail, postage prepaid, on this 11 th day of November, 2004. David R. Galloway, Esquire Ten East High Street Carlisle, P A 17013 By. Od-- Allen Andrascik, Esquire Attorney for Defendant, Marc E. Mickel o C' ;;:,r :<! " ) 0"\ "" c.. ~:-, c;.:~j ..t.- :;1"" (::~ ...::: o -""0 ::-:! J. -,. r.1 _.. .! !- - J~~ N ;:r:." =;;;;: WILLIE C. HARGROVE, III Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2003-2427 Civil Term NAPA TRANSPORTATION, INC. Defendant CIVIL ACTION - LAW PETITION TO WITHDRAW AS COUNSEL AND NOW, this 5th day of May 2005, comes Arthur K. Dils, Esquire, and respectfully requests the following: I. Your Petitioner is Arthur K. Dils, Esquire, whose office is located at 1017 North Front Street, Harrisburg, Pennsylvania 17102. Your Petitioner is the attorney of record for the Plaintiff, Willie C. Hargrove, III. 2. The Defendant in the above-captioned matter, NAP A Transportation, Inc., is represented by Leslie D. Jacobson, Esquire, whose office is located at 8150 Derry Street, Harrisburg, Pennsylvania 17111. 3. The above-captioned matter commenced at a Hearing before a District Justice and after judgment was entered on behalf of the Plaintiff, the Defendant, NAP A Transportation, Inc., filed an Appeal to your Honorable Court. 4. After pleadings and discovery requests were satisfied, a Hearing was held before a Board of Arbitrators and the Plaintiff, Willie C. Hargrove, III, again prevailed. 5. The Defendant, NAPA Transportation, Inc., filed a Notice of Appeal from the award of the Board of Arbitration on November 12,2004. 6. The above-captioned matter has not proceeded to a Hearing before your Honorable Court. 7. Your Petitioner notified the Plaintiff, Willie C. Hargrove, III, on December 13, 2004, that he would have to obtain new counsel to continue to pursue his cause of action against NAP A Transportation, Inc. 8. Attached hereto and marked Exhibit "A" is a copy of a letter dated December 13, 2004, to the Plaintiff, indicating that due to your Petitioner's age, blood pressure, and the nature of the above-captioned proceedings, that it is necessary for the Plaintiff to seek new counsel to continue to represent him. 9. Your Petitioner's practice of law is being limited to misdemeanor criminal cases. 10. Your Petitioner has not heard from the Plaintiff, Willie C. Hargrove, III, nor has he heard from any other attorney requesting the file in the above captioned matter. 11. The Plaintiff, Willie C. Hargrove, III, will not be prejudiced by permitting your Petitioner to withdraw as counsel as there is no Trial date set and there is ample time for the Plaintiffto secure new counsel and for new counsel to be prepared prior to any additional Hearings. 12. No application has been made by NAPA Transportation, Inc., the Defendant, for a trial de novo pursuant to its Appeal. 13 . Your Petitioner is unable to continue representation of the Plaintiff, Willie C. Hargrove, III, in connection with the above-captioned matter. WHEREFORE, your Petitioner, Arthur K. Dils, Esquire, respectfully prays ,your Honorable Court to permit him to withdraw as counsel. Respectfully submitted, /I ~rd:/~p~ BY: rthur K. Oils, Esquire 1017 North Front Street Harrisburg, P A 17102 (717) 232-9724 I.D. No. 07056 . T . ~. f' )\;1\;\ 6r 0~ & 0~ ATTORNEYS AT lAW 1017 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102 PHONE (717) 233-8743 FAX: (717) 233-2567 ARTHUR iK OILS DIANE M.i OILS December 13, 2004 Willie Hargrove, III 280 Keystone Drive IMiddletown, P A 17057 I , IDear Willie: I I Recently, I wrote to you and explained that once again, Napa has appealed the decision in your favor concerning back wages. This appeal was from the Board of Arbitration comprised of three Cumberland County attorneys who unanimously decided in your favor. As you and I know, your claim was considered by District ~ustice Thomas Placey and he also found in your favor. r.1 ince a third appeal has now been filed in your case, and the matter is now before he Court of Common Pleas of Cumberland County, you must now proceed egally. This means that once again there will be a full and complete hearing ,nvolving both the facts and law concerning your case, and that this matter will be ~eard independently before the Court of Common Pleas of Cumberland County. i ~egally, you are the party that must proceed. Willie, as you well remember, I have fought hard for you in your case. Unfortunately, it has become apparent that I ust restrict my practice of law and limit it. This is necessary because of my age, 9 Y2 years, and because of the extreme emotional toil that it inflicts upon me in ases such as yours. You will remember how you and I strived together to opefully obtain credible testimony so that your claim would prevail. As of now, y practice is limited to misdemeanor criminal cases. For this reason, I must ~equest and suggest that you obtain other counsel to pursue your cause of action ,gainst Napa. ertainly, I will cooperate and make available all of your file and previous trial actics with your new counsel. It is suggested that for cost effectiveness and other onsiderations that you obtain counsel in Cumberland County. I have selected ree attorneys and do not especially recommend same as to qualification, but do suggest that you contact these attorneys to handle your case and make your own selection. The names and telephone numbers are: Wayne F. Shade, Esquire, 53 W. Pomfret Street, Carlisle, Pennsylvania 243-0220 I John H. Brujos, Esquire, 4 North Hanover Street, Carlisle, Pennsylvania 243-4574 '!Kat1 E. Rominger, Esquire, 155 S. Hanover Street, Carlisle, Pennsylvania 241- i6070 I , 11 do not in any way, recommend these attorneys, other than to give you an ilapproach to find an attorney that will handle your case. You may well have an attorney in mind in Dauphin County or another County that may be suitable. It is Iwith my reluctance, that I indicate that you should seek counsel, but I have been ladvised because of my age and blood pressure that I should not be engaged in your ~ase because ofthe aggressive nature it requires both emotionally and physically. , Very truly yours, Arthur K. Dils AKD/daf ! VERIFICA TION I verify that the statements made in this Petition to Withdraw as Counsel are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~. Utrtlz /tikL Arthur K. Dils, Esquire pate: -( /dor CERTIFICATE OF SERVICE I, Arthur K. Dils, Esquire, hereby certify that a true and correct copy of the within Petition to Withdraw as Counsel has been served upon the following i*dividual by first class, United States mail, postage prepaid, by depositing same at t~e post office in Harrisburg, Pennsylvania, on the ~ay of May 2005, a4dressed as follows: v0illie C. Hargrove, III 2~0 Keystone Drive H~rrisburg, P A 17057 Respectfully submitted, Le~lie D. Jacobson, Esquire 81 ~O Derry Street Harrisburg, PAl 7111 Dat~: <;' / (/v S-- BY ?z~/M Arthur K. Dils, Esquire 1017 North Front Street Harrisburg, P A 17102 (717) 232-9724 I.D. No. 07056 r--." r;: .~'1 ,.-.... ~-,'" CJ .::'(\ '> r.... ~ -~.\ ,~ ~) .-,:" -;-~:. ". ... I :-~ ()'\ (.;"\ RECEIVED MAY 11 2WJ I LA W OFFICES OF DILS & DILS ARTHUR K. DILS, ESQUIRE Attorney LD. No. 07056 1017 North Front Street Harrisburg, P A 17102 Telephone No. (717) 232-9724 Attorney for Willie C. Hargrove, III WILLIE C. HARGROVE, III Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2003-2427 Civil Term NAPA TRANSPORTATION, INC. Defendant CIVIL ACTION - LAW RULE AND NOW, this I;)~ day of /VI. ~ ,2005, upon presentation and consideration of the within Petition to Withdraw as Counsel, a Rule is hereby issued upon the Plaintiff, Willie C. Hargrove, III, and the Defendant, NAP A Transportation, Inc., through their attorney, Leslie D. Jacobson, Esquire, to show cause why, if any, the within Petition to Withdraw as Counsel should not be granted. RULE returnable ;)0 days after service. 1. Distribution: Arthur K. Dils, Esquire, 1017 North Front Street, Harrisburg, P A 17102 \ Willie C. Hargrove, III, 280 Keystone Drive, Middletown, PA 17057 . ~ .~ Leslie D. Jacobson, Esquire, 8150 Derry Street, Harrisburg, PA 17111 I o~)3 - 0.5 DQ:S ) .., (, ;l ,IJ _ ') ----."....--."",..'..'.. .--' . 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 mail piece, or on the front if space permits. 1. Article Addressed to: w~ !-!~) .IlL () ~O I<~ ~v-L ~~u'n Y!t t7oS"? j 2. Article Number (Transfer from servft PS Form 3811, August 2001 D. Is delivery address different from item 1? If YES, enter delivery address below: 3. SeJ>Hce Type Itf Certified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise DC.D.D. 4. Restricted Delivery? (Extra Fee) DYes 7004 2510 0003 5003 9225 102595-01-M-25C Domestic Return Receipt c r. '" d)~~ C}~, ~; r;l' ,- ~c ~,( .......~ --. ,-,.) -n ::;:::! (h I r..) C.) (:. " WILLIE C. HARGROVE, III Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2003-2427 Civil Term NAPA TRANSPORTATION, INC. Defendant CIVIL ACTION - LAW AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public, in and for said Commonwealth and County, Arthur K. Dils, Esquire, who being duly sworn deposes and says that a true and correct copy of the Petition to Withdraw as Counsel and Rule has been served upon the Defendant, NAP A Transportation, Inc., through their counsel, Leslie D. Jacobson, Esquire, 8150 Derry Street, Harrisburg, Pennsylvania 17111, by First Class, United States Mail, Certified No. 700428900004 1227 1436. Attached hereto is the return receipt card executed by T.L. Ketterer, an employee of Leslie D. Jacobson, Esquire, dated May 19, 2005, evidencing receipt of the same. 04~ Arthur K. Dils, Esquire SWorn, a.nd subscribed to before me this r;;;ZSfL day ~Q~l~Z5 Notary Public NOTARIAL SEAL DE\lRA A. flKE, NOTARY PUBLIC cnv OF HARRISBURG, DAUPHIN COUNlY MY COMMISSION EXPIRES OCT. 24. 200~_ .. . · Complete items 1, 2, and 3. Also complete ',m 4 If Restricted Delivery Is desired. .:' your name and address on the reverse , we can return the caJU..' .,you. :his card to the back . .:. mallpiece, s front" space permlljo: 'dressed to: ,~(),~,~~, 'f IsO O~.Jt;....:t d-~ ) Pit 1'J/l1 3. Serv;eType llrCertlfJed Mall 0 ExpleSS Mall o Registered 0 Return Receipt fOr Merchanc' o Insured Mail 0 C.O.D. .. Reslncted Delivery? (Extra Fee) 0 Yes 2. ArtIcle Number (Thu.-from_1Bt 7004 2890 0004 1227 1436 , PS Form 3811, February 2004 Domestic Return RecoIpl 102590-<l:! c c <~ ~~:; ~'~ _, '2 r:J)~. _.0,- r,::(-: 2"> j;~. ct-Q V'~' -' - . ~... :I c::, , ,,' cr1 S 'j " I',) C.P , WILLIE C. HARGROVE, III Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 2003-2427 Civil Term NAPA TRANSPORTATION, INC. Defendant CIVIL ACTION - LAW AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public, in and for said Commonwealth and County, Arthur K. Dils, Esquire, who being duly sworn deposes and says that a true and correct copy of the Petition to Withdraw as Counsel and Rule has been served upon the Plaintiff, Willie C. Hargrove, 280 Keystone Drive, Middletown, Pennsylvania 17057, by First Class, United States Mail, Certified No. 70042510000350039225. Attached hereto is the return receipt card executed by Wanda Hargrove, dated May 19,2005, evidencing receipt of the same. /;~^d1lo 4rthur K. Dils, Esquire . -SwoITlandsubscribed to before me this Cl 'f'fi.. day ,2005. NOTARIAL SEAL DEBRAA. FIKE, NOTARYPIIBlIC CITY OF HARRISBURG, OAUPHIN COUNTY MY COMMISSION EXPIRES OCT. 24 2005 .- . 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 mail piece, or on the front if space permits. 1. Article Addressed to: wdLuz. !J~J ]1L ())?O I<~ o...;.~ v(-Y\ ~~n Y1l. i '70$''7 J 2. Article Number (TranSfer from servic o. Is delivery address different from item 1? If YES, enter delivery address below: 3. Sej)oHce Type lEf Certified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise o C.OD. 4. Restricted Delivery? (Extra Fee) DYes 7004 2510 0003 5003 9225 PS Form 3811, August 2001 Domestic Return Receipt l02595..{)1.M-25( ( c <- QJ[ ;;'f, (t~ " -...~ <L };( ~7'".( >;; (. ';i~ ::::1 r<) c~- t," WILLIE C. HARGROVE, III Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 2003-2427 Civil Term NAPA TRANSPORTATION, INC. Defendant CIVIL ACTION - LA W MOTION TO MAKE RULE ABSOLUTE AND NOW, this #~ay of June 2005, comes Arthur K. Dils, Esquire, and respectfully avers the following: 1. Your Movant is Arthur K. Dils, Esquire, the current attorney of record for the Plaintiff, Willie C. Hargrove, III, whose office is located at 1017 North Front Street, Harrisburg, P A 17102. 2. On May 9, 2005, your Movant filed a Petition to Withdraw as Counsel on behalf of the Plaintiff, Willie C. Hargrove, III. 3. Your Honorable Court entered a Rule dated May 12, 2005, wherein the Plaintiff, Willie C. Hargrove, III, and the Defendant, NAP A Transportation, Inc., through their attorney, Leslie D. Jacobson, Esquire, were granted twenty (20) days after service of said Rule to file an Answer to the Petition to Withdraw as Counsel. See Exhibit "A" attached hereto being a copy of said Rule. 4. Attached hereto and marked Exhibits Band C are copies of Affidavits of Service wherein the Petition to Withdraw as Counsel and Rule has been served upon the Plaintiff, Willie C. Hargrove, III, and attorney for the Defendant, NAPA Transportation, Inc., on May 19,2005. 5. Twenty (20) days have elapsed since the date of service of said Petition and Rule. 6. There has been no Answer filed by either the Plaintiff or the Defendant opposing the Petition to Withdraw as Counsel. WHEREFORE, your Movant, Arthur K. Dils, Esquire, respectfully prays your Honorable Court to grant his Petition to Withdraw as Counsel on behalf of the Plaintiff, Willie C. Hargrove, III, in the above-captioned matter. Respectfully submitted, a ... ,/!~~ B)j: /t/tt./itJV Arthur K. Dils, Esquire 1017 North Front Street Harrisburg, PAl 7102 (717) 232-9724 LD. No. 07056 ..----- RP~'t?~ .----.., --...:~~..:/'>./' " .' ,J IY ~j - ( (Ol!- ...~.(& /0) RECEIVED MAY 11100"( LAW OFFICES OF DILS & DILS ARTHUR K. DILS, ESQUIRE Attorney I.D. No. 07056 1017 North Front Street Harrisburg, P A 17102 . Telephone No. (717) 232-9724 Attorney for Willie C. Hargrove, III WILLIE C. HARGROVE, III Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2003-2427 Civil Term NAPA TRANSPORTATION, INC. Defendant CIVIL ACTION - LAW RULE AND NOW, this I~~ day of tvl ~ ,2005, upon presentation and consideration of the within Petition to Withdraw as Counsel, a Rule is hereby issued upon the Plaintiff, Willie C. Hargrove, III, and the Defendant, NAP A Transportation, Inc., through their attorney, Leslie D. Jacobson, Esquire, to show cause why, if any, the within Petition to Withdraw as Counsel should not be granted. RULE returnable ;}o days after service. 1. Distribution: Arthur K. Dils, Esquire, 1017 North Front Street, Harrisburg, PA 17102 Willie C. Hargrove, III, 280 Keystone Drive, Middletown, P A 17057 Leslie D. Jacobson, Esquire, 8150 Derry Street, Harrisburg, PA 17111 TRUE COPY FROM RECOALJ In Testimony whereof, I here unto set my hand f:n~ the S8Jl eI sajd Court at Car~ Pa his {:t'i o!~ ^ '.;2~s' . ( JL J!J.. . ((,J' I/~ Prothonora,v . Xhl bIt 13 . WILLIE C. HARGROVE, III Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2003-2427 Civil Term NAPA TRANSPORTATION, INC. Defendant CIVIL ACTION - LAW AFFIDAVIT OF SERVICE COMMONWEAL TH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public, in and for said Commonwealth and County, Arthur K. Dils, Esquire, who being duly sworn deposes and says that a true and correct copy of the Petition to Withdraw as Counsel and Rule has been served upon the Plaintiff, Willie C. Hargrove, 280 Keystone Drive, Middletown, Pennsylvania 17057, by First Class, United States Mail, Certified No. 7004 2510 0003 5003 9225. Attached hereto is the return receipt card executed by Wanda Hargrove, dated May 19,2005, evidencing receipt of the same. /"-' ..,- \" ~_.. . '</~4 / . 4rthur K. Dils, Esquire Sworn and subscribed to before m~ thjs 0l-tf'L day ,2005, ~ NOTARIAL SEAL DEBRA A. FIKE, NOTARY PUBLIC cm OF HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXP1RES OCT. 24 2005 SENDER CO/HPLf n HilS Sf CHON . Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. . Print your name and add refS on the reverse 80 that we can return the card to you. . Attach this card to the back of the mallplece, or on the front If space permits. 1. Article Addressed to: D. Is dellvety addl'll88 different from ~em 1? If YES, enter delivery address below: UjdW-!-!~/:m:- D. ~O !<~. ~ ~~ yet. t'Jd"1 J 3. SeJ)lice Type H Certified Mail 0 Express Mall o Registered 0 Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from servlc PS Form 3811, August 2001 7004 2510 0003 5003 9225 Domestic Return Receipt 10259S.01.M-25< ....~ . . (A h'lb',t C -~ - :RECEIVED ~ BY r I DATE ~ _ '3 - cJ'> WILLIE C. HARGROVE, III Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA YS. NO. 2003-2427 Civil Term NAPA TRANSPORTATION, INC. Defendant CIVIL ACTION - LA W AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public, in and for said Commonwealth and County, Arthur K. Dils, Esquire, who being duly sworn deposes and says that a true and correct copy of the Petition to Withdraw as Counsel and Rule has been served upon the Defendant, NAPA Transportation, Inc., through their counsel, Leslie D. Jacobson, Esquire, 8150 Derry Street, Harrisburg, Pennsylvania 17111, by First Class, United States Mail, Certified No. 700428900004 1227 1436. Attached hereto is the return receipt card executed by T.L. Ketterer, an employee of Leslie D. Jacobson, Esquire, dated May 19, 2005, evidencing receipt of the same. alZi/~ Arthur K. Dils, Esquire Sworn and subscribed to before me this olSrL day NOTARIAL SEAL tlrnR~ A, FIKE, "OlARY PUBLIC CITY OF HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRES OCT. 24, 200.L . '_".........~....~~,~:.:-.-.,.. '__n \'::;r'Oo ' . Complete Item.X.2, and 3.A1.o complete 'tom 4. If R8lrt11.,.Cted DellveilIY'I"9.' .' 'If;9d...... . \:,' 'your name and address' . . . reverse t we can return the' "}:" ~hla card to the baa' .". a1lpleoe, e front If apace pe" .... ,.. ,..t . 'dressed to: ,;;: . Y A', (). \\ ,. - - D.'~~,_ - t:..-41; {~,;:~ ~;.,' ~'P-~ ,..t:i~~;,. '1 16-0 .iD.. '.~ ,J6~"'.'..';i.'?,J/">.' . \l ,!ii~ .:(, H-~ ) PA- l'7l1l '>';; ~.'~ ~.~.l.\" ' -;~~~t,'" ~tt:~ ,~' 2. AttIcle Number. " , (77'Im1er from ~ /at. PS Form 3811. February 2004 D. II delivery addreea dllferent from Item 17 If 'l'ES. enter delivery address below: 3.Se~ IH"'Certl1led Mall 0 Express Mall o Registered 0 Retum Receipt fOr Merchand o Inlured Mall 0 0.0.0. 4. Restricted Delivery? (Extra File) 0 VlIS 7004 2890 0004 1227 1436 102596-02 Domeatlo Retum ~~dt' .' VERIFICATION I verify that the statements made in this Motion to Make Rule Absolute are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~/4~ Arthur K. Dils, Esquire Date: June 10, 2005 CERTIFICATE OF SERVICE I, Arthur K. Dils, Esquire, hereby certify that a true and correct copy of the within Motion to Make Rule Absolute has been served upon the following individual by first class, United States mail, postage prepaid, by depositing same at the post office in Harrisburg, Pennsylvania, on the loth day of June 2005, addressed as follows: Willie C. Hargrove, III 280 Keystone Drive Harrisburg, P A 17057 Leslie D. Jacobson, Esquire 8150 Derry Street Harrisburg, PAl 7111 Respectfully submitted, By:~/dli Arthur K. Dils, Esquire 1017 North Front Street Harrisburg, PAl 7102 (717) 232-9724 I.D. No. 07056 Date: June 10, 2005 o ~ r-' c,? C:.."J C..f' ,-- C- :0~:" - v:> o -'Tl -' :r:-r; Ii> F': _","'1'1 _..-:r4 -;C;' -( :..~-'~ :,--) __to --.-1. ~;;'0 (--\ ~ " ;::::\ ):~ :;:J .-<:, -0 :1.':' (].) r',) I"~) ........,.,......~--_..__.......... 2Y RECEIVEO JUN J, t, 2005 LAW OFFICES OF OILS & OILS ARTHUR K. OILS, ESQUIRE Attorney LD. No. 07056 1017 North Front Street Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Willie C. Hargrove, III WILLIE C. HARGROVE, III Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2003-2427 Civil Term NAPA TRANSPORTATION, INC, Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 110 ~ day of p , 2005, upon presentation and consideration of the within Motion to Make Rule Absolute, it is hereby Ordered that said Motion is granted and Arthur K. Dils, Esquire, is hereby withdrawn as counsel of record for the Plaintiff, Willie C. Hargrove, III. 1. Distribution: Arthur K. Dils, Esquire, 1017 North Front Street, Harrisburg, P A 17102 Willie C. Hargrove, III, 280 Keystone Drive, Middletown, P A 17057 Leslie D. Jacobson, Esquire, 8150 Derry Street, Harrisburg, P A 17111 ,<""jJ-'-U~ i /li. ,05 L).-' JJ.NflC(i"T",':\',:nJ '18 : II \~~ 91 Nor SUUl lUW'(" ,,\' ,"'" 1:1\":10 AU Ifl }\il.,./i"L~..lidG ~\"1J,.. :::81:!:1O-0311:1