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HomeMy WebLinkAbout01-05271HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH 8TREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF DAMN G. ALLEMAN : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION -LAW ERIN E. SILKOWSKI NO. ~!-,c-27/ ~/vi ~, `~~-) Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by 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 TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 1-800-990-9180 or (717) 249-3166 HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF DAVIN G. ALLEMAN : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION -LAW ~,r/ ~7- ERIN E. SILKOWSKI : NO. UI- 5.2?I ~LC~I~ I ~Lk+~ Defendant L COMPLAINT NOW COMES the Plaintiff, Davin G. Alleman, by and through his attorney, Harold S. Irwin, III, Esquire, and files this complaint and avers as follows: 1. Plaintiff is Davin G. Alleman, an adult individual residing at 938 Forest Court, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Erin E. Silkowski, an adult individual residing at 16 South Carlisle Street, Greencastle, Franklin County, Pennsylvania 17013. 3. On or about May 1, 2000, plaintiff offered to allow defendant to live in his home at 938 Forest Court, Carlisle, Pennsylvania. 4. PlaintifFs invitation to defendant to move into his home was conditioned on the defendant agreeing to pay one-half of the rent and utilities while she lived with plaintiff, which defendant agreed to do. 5. While living with plaintiff, between May 2000 and October 2000, defendant routinely requested loans for various daily expenses which plaintiff provided on the condition that these amounts be repaid to plaintiff. 6. The total of such loans made during that period was $2,519.30. 7. Between May 1, 2000 and October 15, 2000, the parties' household expenses, including rent, utilities, groceries, and gasoline for both vehicles, totaled $5,523.20. 8. Defendant's one-half share of those household expenses equals $2,761.60. 9. The total funds advanced by plaintiff to or on behalf of defendant is $5,280.90. 10. By mutual agreement of the parties, defendant moved out of plaintiffs residence on or about October 15, 2000. 11. Since that date defendant has made payments to plaintiff totaling $1,775.00. 12. Defendant's last payment to plaintiff was in April 2001. 13. Plaintiff has made numerous requests of the defendant to pay the balance due, but defendant has refused and neglected to pay the same or any part thereof and continues to so refuse. 14. However, Defendant has acknowledged her obligation on the additional amounts still owed to plaintiff and has made promises to make payments to plaintiff which she has not fulfilled. 15. Plaintiff has incurred substantial costs in attempting to recover the amounts owed to him by defendant. WHEREFORE, plaintiff, Davin G. Alleman, demands that this Honorable Court enter an order requiring defendant to pay to plaintiff the sum of $3,505.90 for the amounts due and owing to plaintiff, plus attorneys fees, interest, and the costs of litigation. September ~ , 2001 HAROLD S. IRWIN, I I, Esquire Attorney for Plaintiff Attorney ID No. 29920 35 East High Street, Suite 201 Carlisle, PA 17013 (717) 243-6090 VERIFICATION I, the undersigned, hereby verify that I am the plaintiff in this action and that the facts stated in the above Complaint are true and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ~~ September ~, 2001 ~ ~-u-- G - DAVIN G. ALLEMAN c ~~ ~ ~ ~ ~ ~ 7~ .L` ~ GS -E C_ o ~ ~,:, ~ ~ ~ , ~ 1 ~3 0 :~ ,1'f -~ 1V =,~~ ~~, Ci rn ~ oo-~a11 Davin G. Alleman Plaintiff VS. Erin Silkowski Defendant ................................................................................................................................................... Answers in New Matter #1- Admitted #2 -Admitted # 3 -Admitted # 4- Denied- It wasn't conditioned on defendant moving in. # 5- Denied/ Admitted- At time defendant requested money for daily expenses, which plaintiff gave defendant as a gift. Furthermore, denied loans was given to defendant. # 6- Denied- No terms or conditions placed in amount. They were loans rather constituted by boyfriend. # '7- Denied- Defendant is without knowledge and belief of expenses totaled. # 8- Denied- It is denied money owed to planitff. # 9- Denied- Defendant without knowledge. The funds were advanced because of gifts. # 10 -Denied- Plaintiff request that defendant vacant the premises. In the five months that defendant lived there, no written statement was given to defendant until relationship ended. # il- Admitted- There was never any agreement that defendant would repay for expenses. However, to settle the matter and to stop harassment calls at defendants place of employment. Defendant did make some payments to plaintiff. # 12- Admitted- Money was sent to plantiff, Denied that money is owed. ,,. . # 13 - Admittedl Denied- Made numerous request admitted. Denied that defendant owes plaintiff any money. # 14 -Denied- No knowledge that defendant has obligation to pay any amount. Also, denied that defendant promised to make payments. # 15 -Denied- Without knowledge or belief of what plaintiff has spent to extend. Denied because of loses liable to reimburse and money plaintiff has spent. d~1 uwJ_~s~..~:+x Nv ~ ~ ~ :x~~ . aa~,~.e`. .av ~ . -~~.~. t~..€-a a :1r~»s ~ _ ~ r.~~rabt i ... ,14. C° C C~ "? f~''_ .~. !; t- G` , u J r ~: '. ~ ~._. Y l ~~ ~~ 'J ~ ~~ { C HAROLD S. IRWIN, ill, ESQUIRE ATTORNEY ID NO. 29920 35 EA8T HIGH STREET CARLISLE PA 17013 (717)243-6090 ATTORNEY FOR PLAINTIFF DAVIN G. ALLEMAN : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION-LAW ERIN E. SILKOWSKI NO. ~~ UI-527l. ~i~~ Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by 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 TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 1-800=990-9180 or (717)249-3166 r r HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29820 35 EAST HION STREET CARLISLE PA 17013 (717) 243-8090 ATTORNEY FOR PLAINtIFF DAVIN G. ALLEMAN : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. ERIN E. SILKOWSKI Defendant CIVIL ACTION -LAW COMPLAINT ~~~~~~ NOW COMES the Plaintiff, Davin G. Alleman, by and through his attorney, Harold S. Irwin, III, Esquire, and files this complaint and avers as follows: 1. Plaintiff is Davin G. Alleman, an adult individual residing at 938 Forest Court, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Erin E. Silkowski, an adult individual residing at 16 South Carlisle Street, Greencastle, Franklin County, Pennsylvania 17013. 3. On or about May 1, 2000, plaintiff offered to allow defendant to live in his home at 938 Forest Court, Carlisle, Pennsylvania. 4. Plaintiffs invitation to defendant to move into his home was conditioned on the defendant agreeing to pay one-half of the rent and utilities while she lived with plaintiff, which defendant agreed to do. 5. While living with plaintiff, between May 2000 and October 2000, defendant routinely requested loans for various daily expenses which plaintiff provided on the condition that these amounts be repaid to plaintiff. 6. The total of such loans made during that period was $2,519.30. 7. Between May 1, 2000 and October 15, 2000, the parties' household expenses, including rent, utilities, groceries, and gasoline for both vehicles, totaled $5,523.20. 8. Defendant's one-half share of those household expenses equals $2,761.60. 9. The total funds advanced by plaintiff to or oh behalf of defendant is $5,280.90. 10. By mutual agreement of the parties, defendant moved out of plaintiffs residence on or about October 15, 2000. 11. Since that date defendant has made payments to plaintiff totaling $1,775.00. 12. Defendant's last payment to plaintiff was in April 2001. 13. Plaintiff has made numerous requests of the defendant to pay the balance due, but defendant has refused and neglected to pay the same or any part thereof and continues to so refuse. 14. However, Defendant has acknowledged her obligation on the additional amounts still owed to plaintiff and has made promises to make payments to plaintiff which she has'not fulfilled. 15. Plaintiff has incurred substantial costs in attempting to recover the amounts owed to him by defendant. WHEREFORE, plaintiff, Davin G. Alleman, demands that this Honorable Court enter an order requiring defendant to pay to plaintiff the sum of $3,505.90 for the amounts due and owing to plaintiff, plus attorneys fees, interest, and the costs of litigation. September ~ , 2001 HAROLD S. IRWIN, I I, Esquire Attorney for Plaintiff Attorney ID No. 29920 35 East High Street, Suite 201 Carlisle, PA 17013 (717)243-6090 r VERIFICAT~QN I, the undersigned, hereby verify that I am the plaintiff in this action and that the facts stated in the above Complaint are true and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ~~ "~ 2 ~-~ G. ~~---- September , 2001 ~--- ~~ DAVIN G. ALLEMAN 1 ~,', ~ o 0 V f ~n ^ r~i~ rn '~~ A ~ ~~ N ~m 1y~` `I ;,a ~! ~6•J T .- _. ~ . ti7 ~ C C7.~ ' , .~ . O H i` - 7j 9' - ~ z ty i-+ rod . s ~ m~ '~z ' ~ ~~. I ~ ~ o p 4~ z"H '~ r a ~r. oc t~c~ " n0 " r az r m m ~ rtr ~ ~ :. ,~+, ~ vy b n ~ ~ r> m ,y zH o-Cy ;c v a m ti z? A m h ~ o ro r o ~ y H ;~ ~ `" ~ w y L7 t T H ~TJ ,z , _ ` O t0 -. o m ~ u=i y '~',{~ n z N z ~~~ .. z o 0 o Z m a~ y H ;,~ ,&, .~ ,~,~ r D ~ ~ , ,r ~ ° ~ ~ z `3`a ti z r Y ~a~ :~ ~,. i A '. ~ ~ w Y ' 5~~ ~ , y ~1 1~ ~. ~~ ~~~ T ~~ N ry ~~~~ ' ~O ~ F~ ~4f ~'~ ' ~ s1 + ~ ~~ , ~~' ~ ~ ""i4k 5 ~ ~} q,r. h n ' i - t ' .1 Y'~n r . t rt ~ Y~~ ~ `a 3 `r a 1. s -, v z Y; ., ~~ ~4 . ~ i.a Davin G. Apeman Plaintiff VS. Erin Silkowski Defendant ................................................................................................................................................... Answers in New Matter #1- Admitted #2 -Admitted # 3 -Admitted # 4- Denied- It wasn't conditioned on defendant moving in. # 5- Denied/ Admitted- At time defendant requested money for daily expenses, which plaintiff gave defendant as a gift. Furthermore, denied loans was given to defendant. # 6- Denied- No terms or conditions placed in amount. -They were loans rather constituted by boyfriend. - # 7- Denied- Defendant is without knowledge and belief of expenses totaled. # 8- Denied- It is denied money owed to planitff. # 9- Denied- Defendant without knowledge. The funds were advanced because of gifts. # 10 -Denied- Plaintiff request that defendant vacant the premises. In the five months that defendant lived there, no written statement was given to defendant until relationship ended. # 11- Admitted- There was never any agreement that defendant would repay for expenses. However, to settle the matter and to stop harassment calls at defendants place of employment. Defendant did make some payments to plaintiff. # 12- Admitted- Money was sent. to plantiff, Denied that money is owed. 4-s., i~~ . `~E6ev4' '`i 'nFF-A'i3'4+~~41'YI&F' # 13 -Admitted/ Denied- Made numerous request admitted. Denied that defendant owes plaintiff any money. # 14 -Denied- No knowledge that defendant has obligation to pay any amount. Also, denied that defendant promised to make payments. # 15 -Denied- Without knowledge or belief of 'what plaintiff has spent to extend. Denied because of loses liable to reimburse and money plaintiff has spent. ` HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF C~QG°~~ DAVIN G. ALLEMAN : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. ERIN E: SILKOWSKI Defendant CIVIL ACTION -LAW NO. U1--5~7~ l~lviC~~ NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are. served, by entering a written appearance personally or by ark 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 2 LIBERTY AVENUE CARLISLE, PA 17013 1-800-990-9180 or (717)249-3166 HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLI8LE PA 17013 (717) 243-8090 ATTORNEY FOR PLAINTIFF DAVIN G. ALLEMAN ; IN THE COURT OF COMMON PLEAS OF Plaintiff ;CUMBERLAND COUNTY, PENNSYLVANIA vs. ERIN E. SILKOWSKI Defendant CIVIL ACTION -LAW NO. UI- 5~?1 COMPLAINT ~(U~ (t-~-Y~ NOW COMES the Plaintiff, Davin G. Alleman, by and through his attorney, Harold S. Irwin, lil, Esquire, and files this complaint and avers as follows: 1. Plaintiff is Davin G. Alleman, an adult individual residing at 938 Forest Court, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Erin E. Silkowski, an adult individual residing at 16 South Carlisle Street, Greencastle, Franklin County, Pennsylvania 17013. 3. On or about May 1, 2000, plaintiff offered to allow defendant to live in his home at 938 Forest Court, Carlisle, Pennsylvania. 4. Plaintiffs invitation to defendant to move into his home was conditioned on the defendant agreeing to pay one-half of the rent and utilities white she lived with plaintiff, which defendant agreed to do. 5. While living with plaintiff, between May 2000 and October 2000, defendant routinely requested loans for various daily expenses which plaintiff provided on the condition that these amounts be repaid to plaintiff. 6. The total of such loans made during that period was $2,519.30. 7. Between May 1, 2000 and October 15, 2000, the parties' household expenses, including rent, utilities, groceries, and gasoline for both vehicles, totaled $5,523.20. 8. Defendant's one-half share of those household expenses equals $2,761.60. 9. The total funds advanced by plaintiff to or on behalf of defendant is $5,280.90. 10. By mutual agreement of the parties, defendant moved out of plaintiffs residence on or about October 15, 2000 11. Since that date defendant has made payments to plaintiff totaling $1,775.00. 12. Defendant's last payment to plaintiff was in April 2001. 13. Plaintiff has made numerous requests of the defendant to pay the balance due, but defendant has refused and neglected to pay the same or any part thereof and continues 4o so refuse. 14. However, Defendant has acknowledged her obligation on the additional amounts still owed to plaintiff and has made promises to make payments to plaintiff which she has not fulfilled. 15. Plaintiff has incurred substantial costs in attempting to recover the amounts owed to him by defendant. WHEREFORE, plaintiff, Davin G. Alleman, demands that this Honorable Court enter an order requiring defendant to pay to plaintiff the 'sum of $3,505.90 for the amounts due and owing to plaintiff, plus attorneys fees, inter~,st, and the costs of litigation. September ~ , 2001 HAROLD S. IRWIN, I I, Esquirg Attorney for Plaintiff Attorney ID No. 29920 35 East High Street, Suite 201 Carlisle, PA 17013 (717)243-6090 VERIFICATION I, the undersigned, hereby verify that I am the plaintiff in this action and that the facts stated in the above Complaint are true and cbrrect. I understand that false statements herein are made subject to the penalties of Pa. C.S:A. Section 4904, relating to unsworn falsification to authorities. %~~ September ~, 2001 ~"~/~-~--- G - ~`~"~'-'--~ DAVIN G. ALLEMAN ~k'~sze~.:we;smuss~:~~auuav;~sau sexa2.,,,.s ~y .,..,, V < ((/fi~n ~1 '~ ~ ~TC CA c~ z _ 1 r ^. c ~~ O ri 1 -.J O :~ :;,, r -c C I^ ~y ~ m o ~y ~a7 Davin G. Alleman Plaintiff VS. Erin Silkowski Defendant Answers in New Matter #1- Admitted #2 -Admitted # 3 -Admitted # 4- Denied- It wasn't conditioned on defendant moving in. # 5- Denied/ Admitted- At time defendant requested money for daily expenses, which plaintiff gave defendant as a gift. Furthermore, denied loans was given to defendant. # 6- Denied- No terms or conditions placed in amount. -They were loans rather constituted by boyfriend. # 7- Denied- Defendant is without knowledge and belief of expenses totaled. # 8- Denied- It is denied money owed to planitff. # 9- Denied- Defendant without knowledge. The funds were advanced because of gifts. # 10 -Denied- Plaintiff request that defendant vacant the premises. In the five months that defendant lived there, no written statement was given to defendant until relationship ended. # 11- Admitted- There was never any agreement that defendant would repay for expenses. However, to settle the matter and to stop harassment calls at defendants place of employment. Defendant did make some payments to plaintiff. # 12- Admitted- Money was sent to plantiff, Denied that money is owed. yrt... f:~ y. .~ # 13 -Admitted/ Denied- Made numerous request admitted. Denied that defendant owes plaintiff any money. # 14 -Denied- No knowledge that defendant has obligation to pay any amount. Also, denied that defendant promised to make payments. # 15 -Denied- Without knowledge or belief of what plaintiff has spent to extend. Denied because of loses liable to reimburse and money plaintiff has spent. fit. 5,~ HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 35 EAST NIGH STREET CAR4ISLE PA 17013 (777) 243-6090 ATTORNEY,FOR PLAINTIFF DAVIN G. ALLEMAN : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW ERIN E. SILKOWSKI NO. 2001-5271 Defendant ORDER OF COURT NOW this ~ day of October, 2001, upon consideration of the foregoing etition, and,/o~ motion of rold S. Irwin, III, Es uire, , L Esquire, (;~'/1 ~cr.~ ~/1~11 ,Esquire and ~~"`~ Esquire are appointed arbitrators in the above action. By the Court, P~. tri~n~,~sr~r~~d L I :~ ~~d i t i~D I i ~ ~~, ~~.,~_ry G~ 1'_ i HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF DAVIN G. ALLEMAN : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION -LAW ERIN E. SILKOWSKI NO. 2001-5271 Defendant PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE JUDGES OF THE SAID COURT: Harold S. Irwin, III, counsel for plaintiff in the above action, respectively represents that: 1. The action is at issue. 2. The claim of the plaintiff in the action is $3,505.90, plus interest and costs of this action. The defendant denies that he has any liability to the plaintiff. 3. The following attorneys are interested in the case or otherwise disqualified to sit as arbitrators: Harold S. Ihivin, III -Attorney for plaintiff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Ily submitted, Dated: ~O ~ '~C' ~ Harold S. Irwin, III Attorney for plaintiff /~ ~ ~' 1 l `~ ~C W 0 l 4 N C ~ ~~ ' sz ~ ~ ~ ~ ' --i ~. C:~ ~/ . 4 f~.J .~ ~ ,« ~`~ vlT1 ~ ~ ~[ ~ ~- ~~.~ ~ ~ ~. ~ ~ C~~- ~ as~.~3g asp-SaB~~ ~ ~~ -o ~~~ 3~0 ~ ~ ~ ~ ~ ~~ -s~~~~ Ct~ <i a ~3-~~ a ~'~ 3-~~"~') ~ ~~ S~(~s~ ~° ~ ;~ s. C~ ~. ~~~ e ~ ~~ ~ ~ ass DAVIN G. ALLEMAN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : 01-5271 CIVIL TERM ERIN E. SILKOWSKI IN RE: APPOINTMENT OF ARBITRATORS ORDER OF COURT AND NOW, ~1ay 31,, 2002, the appointment of William L. Sunday, Esquire, as chairman of the arbitration panel in the above-captioned matter is vacated, and Michael Bangs, Esquire, shall be appointed in his stead. Paul Orr, Esquire, and Lisa Coyne, Esquire, shall remain as arbitrators. Michael Bangs, Esquire Chairman of the Arbitration Panel William Sunday, Esquire Court Administrator By the Court, _ __ _ .. ~.. __ DAVIN G. ALLEMAN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : 01-5271 CIVIL TERM ERIN E. SILKOWSKI IN RE: APPOINTMENT OF ARBITRATORS ORDER OF COURT AND NOW, May 31, 2002, the appointment of William L. Sunday, Esquire, as chairman of the arbitration panel in the above-captioned matter is vacated, and Michael Bangs, Esquire, shall be appointed in his stead. Paul Orr, Esquire, and Lisa Coyne, Esquire, shall remain as arbitrators. Michael Bangs, Esquire Chairman of the Arbitration Panel _ ~ ~ ~~~~os William Sunday, Esquire '~~~' Court Administrator By the Court, G~!`rl%; i:'~Si~lvd rid:,",I(1;`;^? rr;~ _ ...~;'-Ip,~'~u -~-. ~C~.,~_, Il;~. ~.._- ~' .,. ~,- ' r i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Davin G. Alleman, Civil Action -Law Plaintiff No. 2001-5271 v. Erin E. Silkowski, Defendant ENTRY OF APPEARANCE To the Prothonotary: Kindly enter my appearance on behalf of the Defendant, Erin E. Silkowski, in this matter. Submitted: By: Keithf A. Noll, Esquire Pa. p. Ct. ID No. 81968 Maxwell Law Ofa"ices 92 West Main Street Waynesboro, PA 17268 Phone: (717)762-2118 Date: March 18, 2003 r s 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Davin G. Alleman, Civil Action -Law Plaintiff No. 2001-5271 v. Erin E. Silkowski, Defendant CERTIFICATE OF SERVICE I hereby certify that on March ~~J, 2003, I served the foregoing Entry of Appearance by placing a true and correct copy thereof in the United States Mails, first-class, postage-prepaid, addressed as follows: Nathan Wolf, Esquire Michael Bangs, Esq. 35 East High Street 302 South 18"' Street Carlisle, PA 17013 Camp Hill, PA 17011 K i ti c~ c. r; ii; _. ~, ~-, `; f ~, _y _ ~~_ ~. ~,- -., 4a ~.. _~ _ -;=, a,- ` = ±`~ _~: a _, ~~ .. :1,;, v -~ ._ -c' ~PU1N G, /~ r~~,~,,~~ ply,,.-~,f-~ v 5- ~2rr~ ~. J~'I~fiowski ~~~A~-~ IN THE COURT OF COMMON PLEAS OF V\ CUMBERLAND COUNTY, PENNSYLVANIA NO. (~/ -,~a7 ~ TERM OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Pl~.•s Gosfs ,~ Arbitrator, dissents. (insert Date of Hearing: ad M~ 7 don3 Date of Award: ~~~~(( NOTICE OF ENTRY OF AWARD Now, the .~.Z""'Riay of ~, 20_x, at ~:~(Z, ~.M, the above award was entered upon the docket and notice thereof given bymail to the parties or tl~ attorneys. Artibitrators'compensation to be [J.~?-` Paid upon appeal: rrou,onota,y $ 290.00 ~ ~ ... Deputy E.. as~~n~ry. .~. _c.-+. ;_. ~ z.u n, ti .~.~a~.`U-~aaA.az~'i4a~#!~wxis~.~sw~:a~n~m~„u _~m.-. .-~g~ - ~.yy.w /,~~~ ~ cE ~ fri ~ ~ y~' r.~ __, 1yc-~ ~ '='~, Jm ~~ ~; c.~ ti= c, Zl~-7~ ~zl~ lrl/-'f,6 -Z4 S Z Y` 1 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF DAVIN G. ALLEMAN : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION -LAW ERIN E. SILKOWSKI NO. 2001-5277 Defendant PRAECIPE TO REDUCE AWARD TO.IUDGMENT TO THE PROTHONOTARY: Kindly reduce the attached award of the Board of Arbitrators to a Judgment in favor of the plaintiff, Davin Alleman, and against the Defendant, Erin E. Silkowski, in the amount of $3,505.90, plus the costs of this action in the amont of $315.50.. Dated: Respectfully submitted, DgL'IN G. ~ (/er~AP~ ply, ~~, f~ t~ S ~2 i ~ F ~ S~ i rC ~ k~4.-~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~/ - ~a7 ~ TERM OATH We do solemnly swear (or affirm) that we wil] support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) J~C~wa--f' ~On I ~a~~~t~ ire `fie di.^-.aG~n,~ o{ 'f35oS. 9~D Ply G,s-~s. . Arbitrator, dissents. (insert name if appli ble ~7 0 Date of Hearing: ad Mi° o a~ 003 ~ !, ~ Chairman Date of Award: ~-(r~ NOTICE OF ENTRY OF AWARD Now, the .~.Z"~~iay of , 20~y , at ~:~~, ~.M., the above award was entered upon the docket and notice thereof given b ~ mail to the parties or t i attorneys. Artibitrators'compensation to be Paid upon appeal: Prothonotary $ 290.00 _ Dcpup- :, _ ~ ~ .: c ~~ ~ ?~~ ~'c` "~' ter. +'._' `ern ~~ ~ -? V ~.~ ~ ~ ~ (A ~ ~ ~ G~~ ~1U~~ ~ ~ C ~ - \ ~ ~~ ~ ~. o c g ~ w x P G (~ G' Erin E. Silkowski 16 South Carlisle Street Greencastle, PA 17225 Home:717-597-3666 Note: Alleman v. Silkowski (Civil - 01-5271) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Davy ~ ~. a~.L~~Q~ J~ vs. Confessed Judgment (~ Other File No. ~{-~Z~~ Amount Due .3SnS~ 90 Interest ~(~ .So;,r-a ~~t~~~~ j Atty's Comm ~ ~ry~i/C~4STLE ~'~ /7ZZ-~ Costs ~-~~ ~ 3u-G3 ~-2`` TO THE PROTHONOTARY OF THE SAID COURT: ~~~ ~LVwSt~i~ wt~ ~~ ~~~ The undersigned hereby certifies that the below does not arise out of a retail i stallment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. n ~Rl~NK1~~ Issue writ of execution in the above matter to the Sheriff of / ~ ~ County, for debt, interest and costs, upon the following described property o- f~defendant(s) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real state of the defendant(s) described in the attached exhibit. ~7 Date `~ ~~3 Signature: Print Name: //~~~'//C-~, C2 Address: .~S ~ /~CGl~ ,3~2 Attorney for: /~4ir[//7~ Telephone: ~/~~-~Z, tl,~-'l D 9~I Supreme Court ID No.: X ~~5~~ (over) ~~;a1Maxlusa'i,a.=:ax3!.~;,.rawamas,z:a~.ast,~?~a~cl..n,~:.. - a .i,~~:.:.., :..~e.~ ....__, ,. ~_ ,vs:. .: Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. ~ ~ ~c ~ ~ ~ ~ ` ~ ~ ~ ~ ~ ~ J ~ ~ C~ J U ~ G ~ ~~ ~ ~ d ~ ~ ~ ~` lv ® ~. ...., .....~ _~ ...,. _... I. I WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO01-5271 Civil CIVIL ACTION -LAW TO THE SHERIFF OF FRANKLIN COUNTY: To satisfy the debt, interest and costs due Davin G Apeman Plaintiff (s) From Erin E Silkowski, l6 South Carlisle Street, Greencastle, PA 17225 (1) You aze duected to levy upon the property of the defendant (s)and to sell Personal property of Erin E Silkowski . (2) You are also duetted to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you aze duetted to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3,505.90 L.L..50 Interest Atty's Comm % Due Prothy $1.00 Atty Paid $146.00 Other Costs Plaintiff Paid Date: 6/27/03 CURTIS R. LONG Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name Nathan Wolf, Esquire Address: 35 East High Street, Suites 201/202, Carlisle, PA 17013-3052 Attorney for: Davin G Apeman Telephone: (717) 243-6090 Supreme Court ID No. 87380 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLY/ANIA Davin G. Alleman, Civil Acti®n -Law Plaintiff No. 2001-5271 v. Erin E. Silkowski, Defendant SUGGESTION OF BANKRUPTCY Keith A. Noll, Esq., on behalf of his client, Erin E. Silkowski, states the following in support of this Suggestion of Bankruptcy. 1. Defendant, Erin E. Silkowski, filed a Voluntary Chapter 7 Bankruptcy Petition on June 3G, 2GG3~ ~ler case is docketed at No.:-G3-G3841 in the United States Bankruptcy Court for the Middle District of Pennsylvania. A true and correct copy of the first two pages of her bankruptcy petition are labeled Exhibit °A", attached, and incorporated by reference. Z. Pursuant to Section 362 of the Bankruptcy Code, most actions to collect a debt owed by a person in bankruptcy are stayed. 3. It is suggested that, by operation of law pursuant to Section 362 of the Bankruptcy Code, this matter is stayed during the term of the Defendant's bankruptcy. Respectfu y Su fitted: ~ ) gy ~ 1" Kei h A. Nofl, Esq. Attorney for Defendant, Erin E. Silkowski Dated: august i, zoos IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Davin G. Alleman, Civil Action -Law Plaintiff No. 2001-5271 v. Erin E. Silkowski, Defendant CERTIFICATE OF SERVICE I hereby certify that on the j St of August, 2003, I served a copy of the foregoing Suggestion ofeankruptcyby placing a true and correct copy thereof in the United States Mails, first-class, postage-prepaid, addressed as follows: Nathan C. ~n/olf, Esq. 35 East High Street Carlisle, PA 17013 • (Official Form I) (9/01) ~ - FoRln BI United States Bankruptcy Court Middle District of Pennsylvania Volunta Petition ~r Name of Debtor (if individual, enter Last, First, Middle): Name of Joint Debtor (Spouse) (Last, First, Middle): Silkowski, Erin E. All Other Names used by the Debtor in the last 6 years All Other Names used by the Joint Debtor in [he last 6 years (include married, maiden, and trade names): - (include married, maiden, and trade names): Soc. Sec./Tax I.D. No. (if more than one, state all): Soc. Sec./I'ax I.D. No. (if more than one, state all): 181-54-9938 Street Address of Debtor (No. & Sheet, City, State & Zip Code): Street Address of Joint Debtor (No. & Street, City, State & Zip Code): 12675 Ridge Road Greencastle, PA 17225 County of Residence or of the County of Residence or of the Principal Place of Business: Franklin Principal Place of Business: Mailing Address of Debtor (if different from street address): Mailing Address of Joint Debtor (if different from street address): Location of Principal Assets of Business Debtor (if different from street address above): ~ _ /~ ~ _ ~J O J ~S Information Regarding the Debtor (Check the Applicable Boxes) Venue (Check any applicable box) ® Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 1 g0 days immediately preceding the date o£ this petition or for a longer part of such 180 days than in any other District. ^ There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District. Type of Debtor (Check all boxes that apply) Chapter or Section of Bankruptcy Code finder Which Individual(s) ^ Railroad the Petition is Filed (Check one box) ^ Corporation ^ Stockbroker ®Chapter 7 ~ ^Chapter 1 7 ^Chapter 13 ^ Partnership ^ Commodity Broker ^Chapter 9 ^Chapter ] 2 ^ Other ^ Sec. 304 -Case ancillary to foreign proceeding Nature of Debts (Check one box) Filing Fee (Check one box) ® Cohsumer/Non-Business ^ Business ~ Futl Filing Fee attached.. ^ Fding Fee to be paid in installments (Applicable to individuals only.) Chapter 11 Small Business (Check all boxes that apply) Must attach signed application for the court's consideration ^ Debtor is a Small business as defined in 11 U.S.C. § 101 certifying that the debtor is unable to pay fee except in installments. ^ Debtor is and elects to be considered a small business under Rule 1006(6). See Official Form No. 3. I l U.S.C. § 1121(e) (Optional) *** Keith A. Noll 81968 *** m 1v StatisdcaUAdministrative Information (Estimates only) THIS SPAtTala FOB~OOI/RTttl6E ONLY ^ Debtor estimates that funds will be available for distribution to unsecured creditors. ~ c-- ^~ C ' ~ Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there u n c ~ - _~ ~ will be no funds available for distribution to unsecured creditors. /,~~n~ ~` ~ r- - ~ ' V/` ' ~ ~ -t Estimated Number of Creditors 1-ts ts-as so-ss too-tss Zoo-sss looocver ~ a ; O Estimated Assets tO -U $D b $50,001 to $100,00110 $500.007 to $1,000,00110 $10,OOO,OOi to $50,000,00110 More than p N $50,000 $700.000 $500,000 $1 million $10 million $50 million $100 million $100 million C ~ h1 Estimated Debts $0 to $Stl.00110 $100,00710 $500.001 l0 51,000.00110 810,000,001 to $$0,000,00110 More than ssc,ooc sltlo,ooc asoo,oco $i million $10 million $50 million stoc mHron $100 million EXHIBIT J It A rr .. ,, Voluntary Petition tvame of Debtor(s): ~ FORM Bt, Page 2 (Thu page must be completed and filed irs every case) ~ Silkowski, Erin E. Prior Bankruptcy Case Filed Within Last 6 Years (If more than one, attach additional sheet) Location I Case Number: I Date Filed: Where Filed: -None - Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (If more than one, attach additional sheet) Name of Debtor: t Case Number: I Date Filed: -None - District: Relationship: Judge: Signatures Signature(s) of Debtor(s) (IndividuaVJoint) declaze under penalty of perjury that the information provided in this etition is true and correct. f petitioner is an individual whose debts are primarily consumer debts nd has chosen to file under chapter 7] I am aware thaCI may proceed nder chapter 7, 1 I, 12, or 13 of title 11, United States Code, understand ~e relief available under each surh chapter, and choose to proceed under haeter 7. :st relief in accordance with the chapter of title I I, United States specified i~this Qetition. of Debtor Erin E. Silkowski X Signature of Joint Debtor Telephone Number (If not represented by attomey) _ b~/oS/aDo3 Da~ ' X Attomey for Debtor(s) Keith A. Noll 81968 Printed Name of Attomey for Debtor(s) Maxwell Law Offices Fimr Name 92 West Main Street Waynesboro, PA 17268 Address (717)762-2118 Fax: (717)762.3296 Telephone Number Date Signature of Debtor (Corporation/Partnership) declare under penalty of perjury that the information provided in this etition is tme and correct, and that I have been authorized to file this e[idon on behalf of the debtor. he debtor requests relief in accordance with the chapter of title 1 ], nited States Code, specified in this petition. X Signature of Authorized Individual Printed Name of Authorized Individual Title of Authorized Individual Date Exhibit A (To be completed if debtor is required to file periodic reports (e.g., forms I OK and lOQ) with the Securities and Exchange Commission pursuant to Section 13 or IS(d) of the Securities Exchange Act of 1934 and is requesting relief under chapter 1 1) ^ Exhibit A is attached and made a part of this petition. Exhibit B (To be completed if debtor is an individual whose debts are primarily consumer debts) I, the attorney for the petitioner named in the foregoing petition, declare that I have informed the petitioner that [he or she] may proceed under chapter 7, 1 I, 12, r 13 of title 11, United States Code, and have explaine~dJ~'e reli f av ilablA undeD~h such chapter] X- 1~ ~• /Vv'l-l' ~/b~~1O~ of Attomey for Debtor(s) Exhibit C Does the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety? ^ Yes, and Exhibit C is attached and made a part of this petition. ® No Signature of Non-Attorney Petition Preparer I certify that I am a bankmptcy petition preparer as defined in I I U.S.C. § 110, that I prepared this document for compensation, and that [have provided the debtor with a copy of this document. Printed Name of Bankruptcy Petition Preparer Social Security Number Address Names and Social Security numbers of all other individuals who prepared or assisted in preparing this document: If more than one person prepared this document, attach additional sheets conforming to the appropriate official form for each person. X Signature of Bankruptcy Petition Preparer Date A bankruptcy petition preparer's failure to comply with the provisions of title 11 and the Federal Rules of Bankruptcy Procedure may result in fines or imprisonment or both. 11 U.S.C. § t 10; 18 U.S.C. § 156. _._..-,4~i-~rs!tuia~is "~wss,!:.e~A. tom. ~#i~-~.~.,, a~ ;~~,_c~.. .~s~:.as~r __.. raw d`='.~ _.._..~_ .. _. a ~.:; ~ ~ C ~ - S.. 'U t7.` ~ ~; f7C,; i.;-y , - - ~~ ~',{'J " .~ ~~ ~ :_j Y ~- ~ ;~;~ ' ~ ~ ~ - < ~~ ~~