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Home My WebLink About01-04487FISHER AUTO PARTS, INC. IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2001-04487 CIVIL HARRISBURG TAXICAB AND BAGGAGE COMPANY t/a YELLOW CAB Defendant RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially to the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert D. Kodak, Counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $5,248.76 + Interest from 6/25/01. The counterclaim of the Defendant in the action is $none. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as Arbitrators: Robert D. Kodak, Esquire, Knupp, Kodak & Imblum, P.C. and/or Joseph T. Sucec, Esquire. WHEREFORE, your Petitioner prays Your Honorable Court to appoint three (3) Arbitrators to whom the case shall be submitted. Respectful) it ed, Robert D. Kodak Attorney I.D. No. 18041 ORDER OF COUR7 AND NOW, ;'~~2001, in consideration of the f/oregoing Petition, Esquire, / ' 'x/ ~ ,Esquire and .squire are appointed Arbitrators in the above-captioned action By the Court, as prayea tor. n N (p O QQ a ~O v,' _2 v (n -icc r r r f A n~ ~'~ D"~ -. ~-* O y / O (~~D N 4~ r j ~ ~ a rn ~~~ ~ ~~ ~~ ~~ll J~ F. rn D O o w w DCO A rnZA rn 1D£ -;r CWD ry Afp SIH zrnd zn ~iG i oo~.,~~+ c P. ~oy-n vr=-1~ ~mCOm 9r1mn-la ab~=x° y fAyOT °~ zw 9y m a~i ^ o ~ 9 O Cn CAD ~ W =. Z O C 3~ ~ ~ N Do" _~ ~ V Q~ .~cnm ~ N .Q (p C M ~. (D /• ~ ~~ •~ ~\ ' i !~ ~.~ ~'i: ~" i ; j ~ ~-:". : .~ r~S „,. ~ _ G ' '.:A a i'4 '"A ~ 4 u i E C.N jet ~ ! F :~° S'~ ' ii ~,.r~ ~_.~ i i i...sS ~. ~+s,;-sxwagrxomq ., - i M JAMES D. FLOWER Jol~v E.sLIKE ROBERT C. SAIDIS GEOFFREY S. SHIJFF JAMES D. FLOWER, JR. CAROL J. LINDSAY JOHNNA J. KOPECKY KARL M. LEDEBOHM JOSEPH L. HITCHINGS THOMAS E. FLOWER FORREST N. TROLITMAN, II LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 2109 MARKET STREET CANIl' HILL, PENNSYLVANIA 17011 TELEPHONE: (71'7) 737-3405 -FACSIMILE: (717) 737-3407 EMAIL: attorney®ssfl-law.com CARLISLE OFFICE: 26 W. HIGH STREET CARLISLE, PA 17013 TELEPHONE: (717)243-6222 FACSIMILE: (717)243-6456 REPLY TO CAMP HILL Dawn Sunday, Esquire 39 West Main Street Mechanicsburg, PA 17055 December 19, 2001 Timothy Keating, Esquire 33 North Second Street Harrisburg, PA 17101 Re: Arbitration for Fisher Auto Parts, Inc. v. Harrisburg Taxicab and Baggage Company Dear Dawn and Tim: Enclosed with this letter for each of you are copies of the Complaint and the Answer to Counterclaim filed in the referenced case for your review prior to the arbitration. I look forward to meeting and working with you on this matter. Of course, please call if you have any questions. Very truly yours, SAIDIS, SHUFF, FLOWER & LINDSAY huff GSS/ksn Enclosures Y .r r e FISHER AUTO PARTS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. HARRISBURG TAXICAB AND BAGGAGE COMPANY t/a YELLOW CAB Defendant N0.2001-04487 CIVIL NOTICE OF HEARING YOU ARE HEREBY NOTIFIED that the undersigned arbitrators appointed by the Court in the above captioned matter will meet for the purpose of their appointment on the 17~' day of January, 2002, at 1:00 p.m. at the office of Saidis, Shull, Flower & Lindsay, 2109 Market Street, Camp Hill, Pennsylvania, at which time and place you may appear and be heazd, together with your witnesses and/or your counsel, if you so desire. PARTIES WISHING TO ARGUE LEGAL POINTS WILL BE EXPECTED TO HAVE COPIES OF CASES, STATUTES, ETC. WITH RELEVANT PORTIONS HIGHLIGHTED FOR EACH ARBITRATOR AND OPPOSING COUNSEL AT THE COMMENCEMENT OF THE HEARING. ANY NOTICED PERSON REQUESTING A CHANGE OF HEARING DATE MUST CONTACT ALL PERSONS A5 TO AN AGREEABLE DATE, PROVIDE WRITTEN NOTICE TO ALL PERSONS AND RESERVE PLACE OF HEARING. Dated: December 19, 2001 ~- `'"" s '~.. f. eoffr . ,Esquire, Chairman cc: Dawn Sunday, Esquire 39 West Main Street Mechanicsburg, PA 17055 Timothy Keating, Esquire 33 North Second Street Harrisburg, PA 17101 Robert D. Kodak, Esquire 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 Attorney for Plaintiff Joseph T. Secec, Esquire 1618 Derry Street Harrisburg, PA 17104 Attorney for Defendant FISHER AUTO PARTS, INC. IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001-04487 CIVIL HARRISBURG TAXICAB AND BAGGAGE COMPANY t/a YELLOW CAB Defendant RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially to the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert D. Kodak, Counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $5,248.76 + Interest from 6/25/01. The counterclaim of the Defendant in the action is $none. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as Arbitrators: Robert b. Kodak, Esquire, Knupp, Kodak & Imblum, P.C. and/or Joseph T. Sucec, Esquire. WHEREFORE, your Petitioner prays Your Honorable Court to appoint three (3) Arbitrators to whom the case shall be submitted. Respectfully i ed, Robert D. Kodak Attorney l.D. No. 18041 AND NOW, ~~~~2001 ORDER OF COURT in consideration of the foregoing Petition, Esquire, ,Esquire and .squire are appointed Arbitrators in the above-captioned action By the Court, /~^.~ as prayed ror. ~~r~~~ ~~!~~~?~na 6 I~ I J ~I`~ ~ 11.~i7 i 7ii~-~C?-C.L33 SIJ ~. ~ ~. p Q ~, ~b~ ~~ C J `" ` - _ ~ -. ~_ T •~r~ !_ o FISHER AUTO PARTS, INC. IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-4487 CIVIL TERM HARRIS BURG TAXI CAB & BAGGAGE CO. T/A: YELLOW CAB :CIVIL DIVISION -LAW Defendant NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM 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 AN 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 AKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANN T AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OU WHERE YOU CAN GET LEGAL HELP CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 FISHER AUTO PARTS, INC. IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v, NO. Ol-44S7 CIVIL TERM HARRIS BURG TAXI CAB & BAGGAGE CO. T/A: YELLOW CAB :CIVIL DIVISION -LAW Defendant COMPLAINT The Plaintiff, FISHER AUTO PARTS, INC. , by its attorneys, KNUPP, KODAK & 1MBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of FIVE THOUSAND, TWO HUNDRED FORTY-EIGHT DOLLARS AND SEVENTY-SIX CENTS ($5,248.76), along with interest thereon from June 25, 2001, upon a cause of action of which the following is a statement: 1. The Plaintiff, FISHER AUTO PARTS, INC. , is a corporation organized and existing under the laws of the Commonwealth of Virginia, having an office and place of business at 1005 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Defendant, HARRISBURG TAXI CAB & BAGGAGE CO. Trading As YELLOW CAB, is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having an office and place of business at 50 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. On the dates, in the amounts, and for the prices set forth on the Plaintiff's Invoices , a true and correct copy of the Plaintiff's Notice of Judgment is hereto attached, made a part hereof and marked Exhibit "A", Plaintiff, at the special instance and oral request of the Defendant, sold and delivered goods, wares and merchandise of the kind and description set forth on said Exhibit "A" to the total amount of F:\USER\KATIIY\CMPLAI~$P\EXAMPLE\APEAL275.15:22Aug01 FIVE THOUSAND, ONE HUNDRED FORTY-EIGHT DOLLARS AND TWENTY-SIX CENTS ($5,148.26). 4. Due to the voluminous nature of Plaintiff's Invoices, said Invoices are not attached hereto as an Exhibit, but are available for Defendant's review and copying at Plaintiff's attorney's offices. 5. The prices charged for said goods, wares and merchandise were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant orally promised and agreed to pay Plaintiff therefor. 6. Due to Defendant's default in payment of said amount due and owing as aforesaid, Plaintiff was forced to seek remedy in the lower Court thereby incurring costs in the amount of ONE HUNDRED DOLLARS AND FIFTY CENTS ($100.50), for which Defendant is liable. 7. The balance due and owing by Defendant to Plaintiff is the sum of FIVE THOUSAND, TWO HUNDRED FORTY-EIGHT DOLLARS AND SEVENTY-SIX CENTS ($5,248.76). 8. Plaintiff has frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant has refused and neglected and still refuses and neglects to pay said amount of any part thereof. F:\USER\KATHY\CMPLAIl~F,\EXAMPLE\APEAL275.15:22Aug01 .~ WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of FIVE THOUSAND, TWO HUNDRED FORTY-EIGHT DOLLARS AND SEVENTY-SIX CENTS ($5,248.76), along with interest thereon from June 25, 2001. Respectfully submitted, KNUPP, KODAK & IMBLUM, P.C. Robert D. Kodak 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney ID No. 18041 Attorney for Plaintiff F: \USER\KATHY\CMPLAI~T\EXAMPLE\APEAL275.15:22Aug01 AUG-21-2001 10.09 PM COMMONWEALTH OF PENNSYLVANIA rnl INTV nl=~ CUMHSRLAND Ma9. DiBL Nf.: ~~ 09-1-01 OJ Name'. Hon. CHARLES A. CLEMENT, JR.. Aacrf88: 1106 CARLISLE ROAD CAMP HILL, PA TekpMnf: (717) 761-4940 17011 FISHER AUTO PARTS 1005 RUNNEL AVE LEMOYNl;, PA 17043 THIS IS TO NOTIFY YOU THAT: Judgment: ® Judgment was entered for: (Name) P.0]. NOT'iCE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIl/IL CASE NAME dntl ADDRESS - rFISHER AUTO PARTS 1005 HUMIHEL AV8 LEMOYNE, PA 17043 L J VS. DEFENDANT: NAME andADDRESs rYELLOW CAB ~ 50 u~asrYrm ST LEMOYNE, PA L J DocketNo.: CV-0000239-01 Date Filed: 4/26/01 ® Judgment was entered against: (Name) vtxr.r:ew can in the amount of $ F ~ 2aa _ ~~ on: Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to AttachmenVACt 5 of 1996 $ Levy is stayed for days or ~ generally stayed. Objection to levy has been filed and hearing will be held: (Date of Judgment} 6/2S/e~ (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits $ Post Judgment Costs $---_-_-_-__ Certified Judgment Total $ Date: Place: Time: 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 JUDGMENT/TRANSCR(pT FORM WITH YOUR NOTICE OF APPEAL. 6/25/2001 Date District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of District Justice SEAL AOPC 375-99 08/23!2001 06:53 7179393471 RU(: ,°_c 'f'.^~ 17.~12iaM i:NUFC & KODRY. P~ 6~',$1Fil"_ATIA~1' PAGE 02 P.6 I~ DONALD ZINf~VI&R'VIAIY , of FISI~R AUTU PARTS, INC., verify that the statemrate made in the a[ore~oiaQ document are true and cottYCt. I understand that false etetemeats herein are made auttject to the penalties ~ 16 Pe. C. 3. §4904, relating to ~~uswa~rn (alsl![cati~rf to aethmrlties. FLSFIfiR AUTO PARTS, INC. `~.ti~ aDonald Ziata~rifoan T:n® Dated: - 2~- a f __-.. r~:~usrn~xeTeY~c~srt.nnvruex,~,r.Hr$,ua7s.ts:aan,~oi :z. ~, ii .: Tr.~ .~ 'L. " " _' '.rJ r~ Cji ~ -i _! < <~ a -< _.. .. ~.4W~ _ _ Nf3Yw*~3 i ae°+>q:-,., ,-mss rt'sa9c:mj.tw,~w9_._ 8@~91Ri$AFJk:. rte, -. aFll~. FISHER AUTO PART5, INC., plaintiff v. HARRISBURG TAXICAB AND BAGGAGE COMPANY, Ua YELLOW CAB, defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.2001-04487 CIVIL CIVIL ACTION -LAW JURY TRIAL DEMANDED ANSWER TO COMPLAINT DEFENDANT, Harrisburg Taxicab and Baggage, Inc., respectfully submits the following answer: 1. Admitted. 2. Admitted. 3. Neither Admitted nor Denied, pending review of the documents involved in the case. 4. Admitted. 5. Denied. Plaintiff in many cases, overcharged Defendant for the merchandise available. Further, defendant made no such promise to agree to pay Plaintiff. 6. Denied as to Defendant's liability. 7. Denied as to Defendant's liability. 8. Denied. Defendant is unaware of Plaintiff's attempts at collection.. NEW MATTER 9. For reasons of adequacy and quality, Defendant returned a large number of the goods it received from Plaintiff. 10. The receipts and records attendant to Defendant's returns to Plaintiff are too voluminous to be attached to this answer. Said records are, however, available for inspection at Defendant's headquarters at 50 Market Street, Lemoyne, PA. 11. At no point did Plaintiff refund, replace, or credit Defendant for the goods Defendant returned. 12. In effect, Plaintiff is charging, and suing, Defendant for goods Plaintiff continues to have in its possession, or has resold to other customers. 13. Plaintiff therefore breached the implied sales contract with Defendant. 14. The credit Defendant did not receive in the above matter is estimated to be $2,000.00 WHEREFORE; Defendant requests that Plaintiff's claim be denied, and that Defendant be required to pay Plamtiff nothing in the above matter. Alternately, Defendant requests that the amount sought by Plaintiff be mitigated by the amount not credited to Defendant when it returned said goods to Plaintiff. Respectfully Submitted, Date: q a o ! A. ' ~• J J sep T. ucec, Esq. ID # 74482 Attorney for Defendant 1618 Derry Street Harrisburgg, PA 17104 (717)234 D782 joesucec@iwl .net CERTIFICATE OF SERVICE I do hereby certify that on this~_ day, ~~~1°N~!!dW 2001, that I served a true and correct copy of the Answer in Fisher Auto Parts v. Harrisburg Taxicab and Baggaae by certified mail, to the following Knupp, Kodak, & Imblum, P.C. Cameron Mansion 407 North Front Street PO Box 11848 Harrisburg, Pennsylvania 17108-1848 1~~ ~ ` ~~~ Qoseph T. Sucec Attorney ^ Complete items 1, 2, and 3. Also complete item 4'rf Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attaeh this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to 04-(-a l l a6 ~~~~ S ~1~~~( ~Iw1~ ~ ~ G ~~~~}' ~7G C ~ 2. Article:Number(Copy /mm service label) by (Please Print C. Signature ' X ressee ~: D. Is delivery address different firm kem 1? ^ Yes . If YES, enter delivery address below: ~ No 3. Service Type ^ Certified Mail ^ Express Mail ^ Registeetl ^ Retum Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restdaed Delivery? (Extra Fee) ^ Yes P.S Fprm 3811, July 1999 Domestic Return Receipt i ^ Complete kerns 1, 2, and 3. Also complete A. ~'. eceived by item 4 if Restricted Delivery is desired. VE ^ Print your name and address on the reverse so that we can return the card to you. - et Attach this card to the back of the mail '" re,. X or on the front if space permRS. !f . Article Addressed to: ~ U. is d ' ~ad If YES, enter sti-~~ ~`^~ ~a~ 1~~~rs H~~w~el ~v~1ct~ 3.. Service Type rase Prinr Clearly) B. a of I ~ la C ^ Agent ^ Addre d re fro a es ivory ad Blow: ^ No ~~ r.0 Certified Mail ^ Express Mail '. ~,O Registered ^ Return Receipt for Merchandise "-~ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Feel ^ yys 2. Article Number (COPY.fiOm service labeq WS FOfR'I ~.~g~ 1 r JUIj~`1'~99~ I ~ ~ ®tIp Flatur0 RBCeIp[ 102696-00-M-0962 JUDICIAL DISTRICY NOTICE OF APPEAL ~~ ~, FROM ~ DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na ~~ .~ NOVICE OF APPEAL Notice is given that the appellant has fik:d in the above Court of Common Pleas an appeal from The judgment rendered by the District Justice on the date and in the tase,menfioned below ----. --- ' ~ _t bar T~r~~~ IZ .,h,._ ~/I,/,. Ye1law ~iG, Det- I -01 0 0 MTE OF/HAGAIENT NTHE CASE OF (PlalMpmnl /~ V t~erenvarrtl ~/ZS~G) ~~Cln~v /fTn~~ PqY~ „s /G'~`C/W Ck~' cv~ I`90P~OZ39-GI /~//j LT 19 L/ This bbck will be signed ONLY when this notation is required under Pa R.CPJP. Na 1008& This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDERS to the judgment for possession in This case Signature of Prothonotary or Depu[y if appellant was CLAIMANT (see Pa. R.C.P.JP. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. 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 J Ytel' F' "`vv Hv v,~ , appellee(s), to file a complaint in this appeal d ~_ L{ y~7 t u i ~ `N]a'me a aaoel~ee<si (Common Pleas Na +~~ r~~-~ within twenty (20) days after service of rule or suffer entry of judgment of rwn pros T.,~,~~ ~ 7y k ~Z ^~ f~ tic ~ Sigriatwe W appellant w his attorney a agent RULE: To ~l\S ~~ /T~ ~O ~°tYV~ , appellee(s). Name of appellte(s) (1) You are notified that a rule is hereby entered upon you ro 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) N you do rat file a compbint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the doFa of r.v.tR,v+ Date: ~/~5 , }q-),CY3~ Aovca,z-ae COURT FILE TO BE FILED WITH PROTHONOTARY a .. ~RC)~~ ~~ S~FdYI~~ ~~ ~BC9T1C~ ~F a4F'R~~~ ,A:AiC~ 6~liL '~~ ~ILEE t~t?NI~L~It~"B" fThrs praof at servh:e NtUST 8E Fft€D WITHIN TEAT (~0,} DAYS AFTER #iting fhe nat)ae of appeal. C;hsck appficabte baxes} COFAAA~NWEALTH iaF PEN?lSYLVANIA ~QUNTY ss ~~~l~A$`T: !hereby swear or affirm that M served ^ a copy of the Notice of lippeat, Gomman Pleas Ala. __ .,upon the pistrict Justice desig+iated therein on (data of sarvlofi} ~ by personal service O by (certified) {registered} mail, sender"s receipt attat,hed hereto, and upon the appellee, (name} ______._ ...., on ®, 79 ^ by personal senrica (~ by {certified} {registered} mail, sender's reaeipt attached Vtereto. ^ andfurtherthatlservedtheRUletaFlleaCamplaintaccampanyingtheabaveNoficea#Rppealupantheappeflee{s}to whom the Rule was addressed on _____~_... , 99.._.._._, [Y) by personal ser~,ice ~ by {certified) {reg sterad) mail, sender's receipt atiaafied hereto. SWORN {AFFIRMEb} ANb SUBSCRIBED BEFORE f>nE THEE DAY OF 19~ Signature of affiant .Signature of atSOie! ~efare whom p'f+@avit was ,r,arfre Title of otficiat My commission mxpires or ~~, ~i ,~ F n {7'~ ~-- ..~ ;~ <x. ~~ ,. ~~~- ~. t ;;. ,~ cr.)n,~r~oraen+r,~~af-{ of F'Er~tvsvcV~NiA ' ICI®TICE O~ JUDGMENT/TRAN~CRIPT CC3ClntrYOr,_ CITMBERLA1Vil CIVIL CASE ' -Mag [h.. Pka~ ~Y -' 09 -1- 01 t°t~al1'~TIFF: NRNAC on~RL}URE;:S r ~sxgx AD'I'O PARTS -~ c.r v=~n,,: ~~s,~. - 105- FIUI+JMEL AV8 CHARLES A. CLEMEt~I°I', JR. LEMOYNE, PA 17043 .va""'z: 1106 CARLISLE ROAD ~ ~ DAMP HILL, FA VS. -oFF~F.NOr.Nr: NRt.¢E and ApOPE:SS ;,.k~,rti„-. i717) 761-4340 1701. ~YBLI,OW CAB _.t L.._..___~_..~ ........ SO MARRRT ST LEMUYNIs`, PA YELLOW CAB 50 MARIC[3T 3T L._ J Utx;KatNo.; CV-0000233-01 LEMOYNE, PA Date Filed: 4/26J01 THfS 9S TO hFOTI~Y YOU THAT: Judrgrnenf: D& A .m .MTCN'P .LTF.......__________----_-_,__- L~~ ,Judgment vans entered far: (Hama) urggEg ~~pO,-pggT.g. _.-._.....~..- -- Judgment was entered against: (~(amia) ___XSLLOLd... _CA:S.__._....--.._.__-- ........... ..................-~. i17 tf5@ af(IOUrit of `fi ____-._.~.~~.4.~_..~.~_ ~'n: {d7ata Ot ,)Itd4'.~ITiOnt) ...rv____.__.-._~~~,~1_ Defendanks are jointly and soveraliy liable. {Date tk Time) _.-.-.-.-. ~.-.-.-.-.-.__~___._ Damages wi(1 tare assessed on: ~_ .....~ This Cass dismissed without prejudice. [~' Amounf saf Judgment Subject to f---~ AttaehmenVAct 5 of 1996 $_ __- ............._,., Levy is stayed for__._~days or ~ gonerally stayed. NOTIC: !". sYIP~AI... . COMMOidWEA`LTrf OF PENNSYLVANIA . COURT OF COMMON PLEAS FROM motctALOrsiRlcT DISTRICT JUSTICE JUDGMENT / - - COMMON PLEAS Na °"~' ° .., E.~(.f~7 ~ ! - ~... ,' e / f.! L t / C° x..1'1"\ NATICE OF'APPEAL Notice is given than the appelhnt has filed in The above Court of CommomFleas an appeal from the judgment rendered by the District Justice on the date and in the case menfioned below NAME OF APPELLAM MAG DISL NO. OR NAME O!F DJ. ' ADDRESS OF APPELLAM OTY STATE - ZP CODE , fD=tentlantl DATE OF JU)C~AENT IN THE CASE OF (Nainti/Il ~, .y ]'' f'~ t f, i ' ~ / ::: i F I ,fir ~-iC' i/" f "(~'" 6 / 1 ~'!Y ~ ,S ~ '-"r' ~ f.~/Irk/ C.-~'R lid - - rwM NO 'SIGNATURE OF APPELUM OR HIS ATTORNEY OR AGENT LT 19 .!t f~F-<'.,~y`.C~v' f , .,7~?~T.r_°"r.~r' :, ~. ~`~, ~"~ /~ 7 (~ ~ G This block will be signed ONLY when this notation is required under Pa. RCP.JP. Na I1 appellant waS CLAIMANT'(See Pa. R.C.P.J.P. NO. 1008& This Notice of Appeal, when received by the .District Justice, wile'operate as a 1001(6) Ih action before, DISVIOt Justice, he MUST SUPERSEDERS ro the judgment for possession in this case FILE A COMPLAINT within twenty 720) days after filing his NOTICE of APPEAL. - Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMP4Al1~1T AND.,RULE TO FILE- (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.CP.JP. No. ',1001(7) in action, before DisVict Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). - - - PRAEC~PE: To Prothonotary d _ , Enter rule upon~/r~~ tt~~ + $ ~'(~~P'r~ r'i ~ ~ t'r ~p" ~ ~ , appellee(s), fo file o complaint in this appeal (..~!'"" "i L~f 7 1 t~ i ~ M~ame o/ appeiiee(sl .. - .. (C'Hrlmon Pleos Na /~-within twerMy (20) days after ser '"e of rule or suffer entry of.juilgment of ran pros ., , ~ J` r _ Signatue of appellant or his atfomey w agerif RULE: To r^ISl~£tf r~~'~+U ~oly~~'' ,appellee(s). Name of appellpetsl (1) You ore ratified that a rule is hereby entered upon you ro file a complaint in This appeal within Twenty (20) days after fhe date of service of this rule upon you by pe~rTSgnaL.~service or by certified or registered mail (2) M you do raL~lg a ~bnTplaint wlthTn This;flme, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. +^ 'l (3) The date o~s8rvice of this rule If servlce<;~t6 by mail is The dab ~E ~...tll~.. .ryf,'r ., x.' ..- re y ~/ AOFC 312-aa - --.CO!U RT FILE 9 ~ , ~,~._. PRt}~F C3Fa~E~5d1~~ ~F Id~9'IC~ OF APE~~~L ~4h1€8 ~LtlLER TC~ FILEE ~C)II~PLA11+9"6' (This proof afi servi~:a M1.15T 8E !"ICED 4N7THtfV 7EN (70! DfS YS AFTER fr!!ng ihet nuflae of appeal. C:laeck appttcar>te boxes) COMpAgNYVl:A6YM i?P PENiV3YteVA ff~~.. /\~~ J/~,` ~y®/~~-q/~~p CZaUPPTY ~P(,\°~~~$-1~~'~~ ' "s ~FFICtAYI'T'. I hereby swear or affirm that I served ~ ~ at-u~s~ G~~t I a copy of the Notice of Ap,Aeai,/Common Pleas iVo. ,open the/C7istrict Justice designated therein on (dale of service) 7l7>~o(O'1 (~ by person I s rrw~ t~ by {certified) {registered) mail, sender's re i t a ° shed hereto, a`nd u~on the appellee, fnaina) !~~~v ~ ~~_-___~._.Y ...: on ~ tt~~ ~ by persona! service by {certified) t'egistered} mail, sender's receipt attached hereto. `~ and furtherthatlservediheRutetoFiieaComplaintaccompanyingtheaboveh7otiaeafAppeaiupantheappelfee{s}tawham the Ruie wrsrs addressed an , tB.._..---, ~ by personal sarviae G by {certified) {registered} ma31, sender"s receipt attached hereto. SWORN {AFFIRMED} APJ~ SUSSCRIE3Ep BEFORE ME ~^ y _ ~ ~ i0`weG'~~ ~7ti y ~2- f ~ '°' ~ t~~. #j ~ 5igaafurs of at€iarit Sig+iaiure of ot,rciat berore wt~cm elfid~vi, was rnada Title of orir "at L W A L T ER L. WINCH, Notary public c7 ca C~ ,,,, ~'°° ~'~~~ '~~ ray cnmmis icrve»rywebSnna- i9____._. ~ ~ t My Commission Et~injs July 9 2005 'Qm sA' ~ , LlTm ~ ~ ~ ~T, c n r ~ t rv -`n `-'~ ~~ ~3~ ^~) yT ~:~ ~ (dry ;-~y 7T3 ~ ~ 3V ~ as ~ i ,,.~m~acrc~ .,+ra u..__ ~:>„T ewe, wn..n.m+r~,rtwpa~L~rtn4tteit9Y~€tse`rz ._s~.a~~,~s,.r~ i ,r, -, g(~a„i, ..,. ._,_-. ~ ,.~<, ,._ .~ _.~:: -r ~: ~;-, _ ~, -- --,:: "~ - n ~ ,rih~ R8j3 r'S tFf7~ R i.._.. _. ~ .............. ....._.._ ...... _,. . ..,W .. , ._.,...~_. .. _.__~. ~. ~r r ~1 `u ~~d ~'`pt > 4 z-., ~ ~ n ~~ G7 .~'t c 1 _> ~ ~! idi f ~ ..,.~ R -' t~~44 - ca F,ta<e ~-_ars a 'b$ e~ ~yp,., ,.4 ~_., ~ y- r a .,_.... ~,,~P $~4,tC Si LGYar~ C%~1i ~'"{"+'i y . ~ -:> m .. r~ , ~ c9 ~ „~ ~t ~ H 4; f ~ fG,~Piati t t ° 3.+1 } ~ ' '- ~ ~ ~P . -~ ~~-~y ~d ~~~ f ~` ~ ,~ n _.. __. ~p ~.¢ ~' p µ;an,v ua.,r;,~. _ ;;stnu: F'o.„ qFx~*. rwea ~ .Sj ~.~.t.~~ Y ; ~', ..~ ~~~~~ .. ~:~ e - ~ ~ rSF x i . "" .... (. '.r ~ ~ L M ' ~~ ~ a ~ E 1 J . t ~L"' 4. kY4 (~*' ... .<`^ P~',7G~/_a~: l':lY>7b'~~. ~...lT~t. bS Lt~P . rs a. ' JRN 17 ' 02 12- 00PM KNUPP & KODRK PCLAw OFFICES OF P ~ KNUPP, KODAK 81 IMBLUM, P_C. CAMERON MANSION 407 NORTH FRONT STREET RoboTf Ewing Knupp RObah L. Knupp POST OFFICE BOX 11848 (1909-1976) RobnM D, Kodak HARRISBURG, PA 17106-7 B49 Robert H. Maurer Gary 7. Imblum Telephone: 717/239-7151 (1923-19991 Facsimile: 717/238-7159 email: kkl.lawrplveriaon.nef January 17, 2002 V A FACSIMILE ONIiy PLEASE DELIVER IMMEDIATELY TOTAL PAGES: Ol TO: GEOFFREX S, SNUFF, ESQUIRE @ 737,~3^'i~ SAIDIS, SNUFF, FLOWER & LINDSAY FROM: Robert b. Kodak, Esquire (rober[.kodakQverfzon.net) Facsimile No. (717) 238-7158 Telephone No. (717) 238-7151 RE: Fisher Auto Parts, Inc. VS: Harrisburg Taxicab and Baggage Co., Inc, d/b/a Yellow Cab OUR FILE NO: 27515 NO: 01-4487 Civiy Court of Common Pleas Cumberland County, Pennsylvania MESSAGE: As a fallow-up to your telephone conversation with Ronnie Jo of my office this date, we are pleased to confirm that we have received the settlement proceeds in this matter and we, therefore, request that you cancel the Arbitration Hearing set for this date and return the file to the Prothonotary for Satisfaction by this office. Should you need anything further, please do not hesitate to call Thank you for your time and efforts in this matter. cc JOSEPH SUCEC ESQUIRE (w/enclosure) 161 S DERRY STREET HARRISBURG PA 17104 (via U.S. mail only) DONALb ZIMMERMAN STORE SUPERVISOR (w/enclosure) FIS1I)/R AUTO PARTS INC 173] SOUTH 19TH STREET HARRISBURG PA 17104 (viaU.S. mail only} uua rnwunnc MU Auer wwmcrvls M.wARrANnrvV Inli IKArvaMI]SIOrv WNTNN INFORMATION FROM THE LAW OFFICES OF KNUPP, KODAK K IMBWM P G WHICH IS CONSIDERED CONHDENTIfLL AND/OR LEGALLY PRIVILEGED. THE INFORMATION Is INTENDED SOLELY FOR 7NE USE OF THE INDIVIDUAL OR ENTITY NAMED ON THIS TRANSMISSION SHEET. IF YOU ARE NOT THE DESIGNATED RECIPIENT, YOU ARE HERESY NOTIFIED THAT ANY DlscLOSUpE, COPYING, DISTRIBUTION OR TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF 7X16 INFORMATION IS STRICTLY PROHIBITED. IF YOU HAVE RECENFO THI6 E:aAyAYNIGnw IN ERROR FIFASE NOTIFY UR IMMEDIATELY BY TELEPHONE ICOLLEGT IF LONG OISTANCEJ, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE AOpRF45 VIA THE U.4. POSTAL SERVICE ANp WE WILL REIMBURSE n]STAUE IF YOU INCLUDE A REQUEST FOR SAME. 7NANK yOU IF YOU HAVE ANY PROBLEMS RECEIVING THIS MESSAGE OR p0 NOT RECEIVE AlL OF THE PAGES, PLEASE GALL THE ABOVE NUMBER. FISHER AUTO PARTS, INC., Plaintiff v. HARRISBURG TAXICAB AND BAGGAGE COMPANY t/a YELLOW CAB Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001-04487 CIVIL NOTICE OF HEARING YOU ARE HEREBY NOTIFIED that the undersigned arbitrators appointed by the Court in the above captioned matter will meet for the purpose of their appointment on the 17s' day of January, 2002, at 1:00 p.m. at the office of Saidis, Shuff, Flower & Lindsay, 2109 Market Street, Camp Hill, Pennsylvania, at which time and place you may appear and be heard, together with your witnesses and/or your counsel, if you so desire. PARTIES WISHING TO ARGUE LEGAL POINTS WILL BE EXPECTED TO HAVE COPIES OF CASES, STATUTES, ETC. WITH RELEVANT PORTIONS HIGHLIGHTED FOR EACH ARBITRATOR AND OPPOSING COUNSEL AT THE COMMENCEMENT OF THE HEARING. ANY NOTICED PERSON REQUESTING A CHANGE OF HEARING DATE MUST CONTACT ALL PERSONS AS TO AN AGREEABLE DATE, PROVIDE WRITTEN NOTICE TO ALL PERSONS AND RESERVE PLACE OF HEARING. Dated: December 19, 2001 s r- eoffr, . , ,Esquire, Chairman cc: Dawn Sunday, Esquire 39 West Main Street Mechanicsburg, PA 17055 Timothy Keating, Esquire 33 North Second Street Harrisburg, PA 17101 Robert D. Kodak, Esquire 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 Attomey for Plaintiff Joseph T. Secec, Esquire 1618 Derry Street Harrisburg, PA 17104 Attorney for Defendant >- ~ _ ~ ~ ~ ~~ J_ ,f ~ ~~ ~ ` ~ ~ ;~ ~ ~tL ~~3 ci R~~ A .. ... ~ - ^YBS'umrzl~ wR":~4k wi an . ~r -, rp, a ~_..~ +v .~^'~ ..,y~.+yi a ,._.!ra„rPn '.~0SH4ffiE~k~`53r ~'~'F+ FISHER AUTO PARTS, INC. Plaintiff v. HARRISBURG TAXI CAB & BAGGAGE CO. T/A YELLOW CAB Defendant TO THE PROTHONOTARY: In the Court of COMMON PLEAS of CUMBERLAND County, Pennsylvania NO. 01-4487 CIVIL TERM PRAECIPE Please mark the above-captioned matter as settled and discontinued with prejudice. TO CUMBERLAND County Prothonotary Dated: January 31.2002 Robert D, Kodak Attorney for Plaintiff Attorney I.D. No. 18041 ) S i C V ; _- ^ ~,~ _ . "7 C «9~ CR _. ~ - ~: C.:- ~ c_ ._ ¢, ~ =~ _' . ~ e, FISHER AUTO PARTS, INC. V. HARRISBURG TAXICAB AND BAGGAGE COMPANY t/a YELLOW CAB IN RE: ARBITRATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-04487 CIVIL TERM ORDER OF COURT AND NOW, January 24, 2002, the Court having been informed that the above case has settled, the Board of Arbitrators previously appointed is hereby vacated, and the Chairman of the Arbitration Panel, Geoffrey Shull, Esquire, shall be awarded the sum of $50.00. By the Court, ,,,. j r-`' ~offrey S. Shull, Esquire Chairman Court Administrator G o offer, P.J. C ~~ 01-31 4.C ' R~S t~Nbn~ttSn,~~d ,, .f tl 4 i,~r~ f G ~'1; ~ ~ ~~ ~i~i'~~~ (~(~~ Y . y FISHER AUTO PARTS, INC., Plaintiff v. HARRIS$URG TAXICAB AND BAGGAGE COMPANY t/a YELLOW CAB Defendant Case settled. No hearing held. Dated: January 23, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2001-04487 CIVIL, ~~w