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HomeMy WebLinkAbout01-05646 MILTON D. WASHINGTON, SR., Plaintiff v. CHRIS J. BISTLINE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- 5~yla CIVIL TERM CIVIL ACTION -LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint of 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 (717) 249-3166 MILTON D. WASHINGTON, SR., :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO.01- 6~ y(~ CIVIL TERM CHRIS J. BISTLINE, :CIVIL ACTION -LAW Defendant COMPLAINT 1. Plaintiff is Milton D. Washington, Sr., an adult individual who presently resides in Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Chris J. Bistline, an adult individual who resides at 220 Cherry Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. On or about August 1, 2000, Plaintiff signed a lease to rent an apartment located at 160 North West Street, Carlisle, Cumberland County, Pennsylvania from Defendant for the period August 1, 2000 through July 31, 2001. A copy of said lease is presently note available to the Plaintiff. 4. The lease between Plaintiff and Defendant required a security deposit of $400.00 and monthly rental payments in the amount of $400.00, which payments were made by Plaintiff as required. 5. From August 2000 through July 9, 2001, Plaintiff and his son resided at the leased premises. 6. From July 9, 2001 to July 31, 2001, Plaintiff served a sentence in the Cumberland County Prison. 7. Upon his release from prison on July 31, 2001, Plaintiff returned to his apartment and discovered that all of his possessions and those of his son had been removed and that another tenant had begun moving into his apartment. 8. Plaintiff estimates the value of his possessions to be $7,625.00, which amount is detailed on the attached Schedule A. 9. Plaintiff discovered that Defendant and his maintenance man had placed all of Plaintiffs belongings at the curb and that some had been given away several days prior to Plaintiffs return. 10. When questioned by Plaintiff, Defendant admitted that he believed that Plaintiff had abandoned the apartment and stated that Plaintiffs father and sister had told Defendant to dispose of the property. 11. Defendant drove Plaintiff to a storage building and was shown some property, none of which belonged to the Plaintiff. 12. As a result of Defendant's actions, Plaintiff and his son have had to take up residence in a men's shelter, causing both significant discomfort, inconvenience and stress. 13. Among the items permanently lost to Plaintiff are irreplaceable photographs, videos, and a "mother's ring" belonging to Plaintiffs recently deceased mother. 14. At no time during his tenancy did Plaintiff receive any notice of eviction as required by the Landlord and Tenant Act of 1951, as amended (68 P.S. § 250.501). 15. The Plaintiff was never served with a complaint as required by Pa. R.C.P.D.J. No. 501 et seq., concerning Actions Before District Justices for the Recovery of Possession of Real Property. Count No.1 -Conversion 16. Plaintiff hereby incorporates paragraphs 1 through 15 as if fully set forth herein. 17. By setting Plaintiffs possessions outside along the curb, Defendant did deprive Plaintiff of the use or possession of this property without Plaintiffs consent and without lawful justification. WHEREFORE, for all the reasons stated herein, the Plaintiff, Milton D. Washington, Sr. respectfully requests judgment in his favor and against the Defendant, in the amount of $7,625.00, which amount represents the estimated value of the property converted by Defendant, as detailed on the Schedule A attached hereto. Count No. 2 - Negligence 18. Plaintiff hereby incorporates paragraphs 1 through 15 as if fully set forth herein. 19. Defendant, as landlord, did owe a duty to Plaintiff to afford Plaintiff the quiet enjoyment of the leased premises free of unwarranted invasion by Defendant. 20. Defendant did breach that duty by entering, or having his agent enter, Plaintiffs apartment and removing all of Plaintiffs personal property, depositing it at a non-secure site where anyone could walk away with it. 21. Because of Defendant's actions, Plaintiff is without the use of all of his personal belongings and has had to replace necessary items such as food, clothing and shelter. WHEREFORE, for all the reasons stated herein, the Plaintiff, Milton D. Washington, Sr. respectfully requests that the court grant to him and against Defendant a judgment in the amount of $7,625.00, which amount represents the estimated value of the property lost to Plaintiff through the negligence of the Defendant, as detailed on the Schedule A attached hereto. Count No. 3 -Violation of the Unfair Trade Practices and Consumer Protection Law 22. Plaintiff hereby incorporates paragraphs 1 through 15 as if fully set forth herein. 23. The Pennsylvania Supreme Court has held that the Unfair Trade Practices and Consumer Protection Law applies to the leasing of residences. Commonwealth v. Monumental Properties. Inc., 459 Pa. 450 (1974). 24. The Pennsylvania Supreme Court has stated that "the UTPCPL must be liberally construed to effect the law's purpose of protecting consumers from unfair or deceptive business practices." Commonwealth v. Monumental Properties, Inc., 459 Pa. 450 (1974). 25. Defendant did violate the provisions of the Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1 et seq., by failing to comply with the terms of the lease wherein Plaintiff was guaranteed quiet enjoyment of the apartment, by removing Plaintiffs personal property without notice or process as required by law. 73 P.S. § 201-2 (xiv). 26. Alternatively, Defendant violated the Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1 et seq., by using deceptive means to remove Plaintiff from the apartment, by removing all of Plaintiffs personal property therefrom without notice or process as required by law. 73 P.S. § 201-2 (xxi). 27. The Superior Court of Pennsylvania has held that "(r)emedies of the UTPCPL are not exclusive, but are in addition to other causes of action and remedies. Gabriel v. O'Hara, 368 Pa.Super 383. 28. Under the UTPCPL, the court may award up to three times the damages sustained by a person who purchases or leases goods or services primarily for family, personal, or household purposes and suffers a loss of money or property as a result of an unfair or deceptive business practice. 73 P.S. § 201-9.2. 29. The UTPCPL allows the court to award to Plaintiff costs and reasonable attorney fees. 73 P.S. § 201-9.2. WHEREFORE, for all the above reasons, the Plaintiff, Milton D. Washington, Sr. respectfully requests judgment in his favor in the amount of $22,875.00, which amount represents three times the value of the property (as detailed on Schedule A attached hereto) lost to Plaintiff through the unfair practices of the Defendant, plus cost of suit and reasonable attorney's fees. Respectfully Submitted TURD LAW OFFICES 9~a ~~~ / Date Jar!n~s M. Robjfhson, Esquire 2 outh Pitt reet Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff ~;; I SCHEDULE A Milton D. Washington, Sr. Inventory of Missing Possessions Son's Belongings Computer Bunk Bed Toys Video Games Dressers Clothing Bicycle TOTAL SON'S BELONGINGS AAr. Washington's Selongings Bed & Dressers Living Room Furniture Coffee table & Lamp Television Sets Microwave Oven Dining Room Table & Chairs Refrigerator Stereo Equipment Dishes, Curtains, etc. TOTAL MR. WASHINGTON'S BELONGINGS TOTAL MISSING POSSESSIONS $1,000.00 200.00 200.00 30p.00 175.00 300.00 150.00 1~~ iS~ 16(~ $2,325.00 $700.00 -' ,3Ja '~ aoo.oo-- 25.x• ~ 250.00 ~a 500.00'- ~,5~ 150.p0 300.00 "800:6!}-' as 1,500.00- gym. 300.00 $5,300.00 $7,625.00 J~ ~ 2v~- a~ ?J iJ 0. ~~ ~~ VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date Milton D. Washington ~' ~4r~F~s'c+umx~s~t~~saa.~,,,sa~~:«u.~..g:., , ,h. . _ ,.--'s;.,c~~e~s~#§'R` _ _'- -' ' ~~ i , .U ; _ :. - C` - w, ~ - -; w =i ~,~ ti .« -J ~. MILTON D. WASHINGTON, Sr Plaintiff v. CHRISTOPHER J. BISTLINE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-5646 CIVIL TERM CIVIL ACTION LAW 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 days (20) days after this complaint and notice aze 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 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 Baz Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 i MILTON D. WASHINGTON, SR. : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. No. 01-5646 CIVIL TERM CHRISTOPHER J. BISTLINE CIVIL ACTION LAW Defendant ANSWER AND COUNTERC AIM AND NOW, this 7th day of November, 2001 comes Christopher J. Bistline, by and through his attorney, Joseph D. Buckley and Answers Plaintiff's Complaint and Counterclaims as follows: 1. Admitted. 2. Admitted. 3. Admitted in part, denied in part. On July 27, 2000 Plaintiff entered into a written lease with Defendant for aparirnent Number 2 located at 160 North West Street, Carlisle, PA 17013 for a one year term beginning August 1, 2000 and ending July 31, 2001. 4. Admitted in part, denied in part. It is admitted that Plaintiff was require to post a $400.00 security deposit; however the lease called for monthly rental payments of $410.00 per month and Defendant was razely current with his rental payments or in compliance with the terms of his lease. 5. It is admitted that Plaintiff and his son were to reside in the apartment and began residing in the apartment in August 2000, but on July 2, 2001 Plaintiff had failed to make his July payment, failed to pay his water bill, failed to pay back rent and failed to clean-up trash which had accumulated, was instructed ~~ ~_ __ ~ 1 rv~RS Y"'~~ - .~n~~LVr by Defendant that if Plaintiff did not rectify these breaches he would be evicted. 6. Defendant has no knowledge of Plaintiff's whereabouts during this time period and demands specific proof thereof. By way of explanation, Defendant after not hearing from Plaintiff and contacting Plaintiff s next of kin, who did not know of Plaintiff s whereabouts. 7. Admitted in part. Plaintiff had been evicted from his apartment and hearing nothing from Plaintiff and after checking with Plaintiff's family and being told they knew not where Plaintiff had gone, Defendant had a reasonable belief that Plaintiff had abandoned the aparirnent, leaving behind trash, garbage, filth, crack pipes and crack viles and very few possessions. Defendant had contacted Plaintiffs father and sister who came to the apartment and took the few possessions of Plaintiff and requested Defendant dispose of the remainder as it was not salvagable. Defendant placed in storage or safe keeping any items which he believed may have had some value. No new tenant was to move into the apartment until the middle of August 2001 after the apartment had been thoroughly cleaned and painted. 8. Plaintiff is unable to ascertain the truth of this statement and demands specific proof of any item of value from Plaintiff. 9. Denied. Although a majority of the items found in the apartment were of little or no value, Defendant only placed items of trash and garbage out to be picked up by the municipal waste authorities. Plaintiff's family were given access and removed all of Plaintiff's belongings which had any value. ~r y~~,~__,.r... 10. Admitted. 11. Admitted in part denied in part. It is admitted that Defendant took Plaintiff to a secure storage area to retrieve any item Plaintiff had abandoned, but it is denied that the property was not Plaintiffls. All the property was plaintiffls property. 12. Denied, as a result of being lawfully evicted for his breaching the lease and for his being imprisoned on counts unlrnown to Defendant have led to his present condition, not any actions on the part of Defendant. 13. Defendant has no knowledge as to the truth or falsity of this averment and demands specific proof thereof. 14. Denied. Plaintiff had received a number of notices for eviction. The final ziotice was posted on the property as required by law. 15. This averment is a legal conclusion to which no response is required; however, when Plaintiff abandoned the aparhnent after being notified that he was to be evicted and after eviction notices were posted, Defendant legally took back possession. Defendant need not have used legally action to assume possession which was voluntarily granted by the abandonment. 16. This averment is a legal conclusion to which no response is required. 17. This averment is a legal conclusion to which no response is required., however, Defendant set along the curb trash, garbage, drug paraphernalia and junk items of Plaintiff with the consent and direction of his family and with Plaintiffs tacit consent based on Plaintiffls abandonment and with lawful justification. 18. No response is required. 19. Admitted. 20. Denied. Defendant breached no duty to Plaintiff and it was Plaintiffs agents, his father and sister, who removed Plaintiffs items of any value. All other items had little or no value and the items which may have some value were placed in storage and remain in storage. 21. Denied as stated. Plaintiff is in his present curcumstances because he abandoned his belongings while imprisoned, did not respond to eviction notices, did not comply with warnings and did not inform anyone of his whereabouts. If Plaintiff has incurred costs as averred specific proof thereof is demanded. 22. No response is required. 23. This averment is a legal conclusion to which no response is required. 24. This averment is a legal conclusion to which no response is required. 25. Denied. Defendant did not fail to comply with the terms of the lease, to the contrary, Plaintiff failed to comply with the terms of the lease. Plaintiff was given notice and failed to respond. Further there is no applicability of the Unfair Trade Practices and Consumer Protection Law(Hereinafter called the UTPCPL) to Plaintiff s complaint. The section of the law cited by Plaintiff does not exist (Section 201-2 has no subsections and is the defmition of "person") and if Plaintiff meant to cite 201-4 (xiv) of the UTPCPL that subsection deals with wananties of goods and services sold and is inapplicable to the Plaintiff s Complaint. "(xiv) Failing to comply with the terms of any written guarantee or warranty given to the buyer at, prior to or after a contract for the purchase of goods or services is made" 73 P.S. Section 201-4 (xiv). 26. Denied. Plaintiff removed himself from the apartment and his next of kin removed his personal property. All other items of Plaintiff which were not garbage, trash, and which had been requested by Plaintiff's family members to be disposed of, were placed in safe keeping by Defendant. Defendant was in no way deceptive and acted reasonable given the circumstances and the actions or inaction of Plaintiff. 27. - 29. These averments are legal conclusions or recitations of a statute or case law to which no response is necessary. WHEREFORE based on the above answers, Defendant prays that this honorable court dismiss Plaintiff's action and enter a judgment in favor of Defendant. COUNTERCLAIM 30. Defendant incorporates paragraphs 1-29 as though fully set forth herein. 31. Plaintiff, in violation of his lease, abandoned the apartment and failed to pay rent due and owing to Defendant in the amount of $275.00. 32. Plaintiff, in violation of his lease, abandoned the apartment and left it in such a state of disrepair necessitating cleaning the apartment, bagging and hauling trash at a cost to of $650.00. - - ~,~~~. 33. Plaintiff, in violation of his lease, misused the apartment and/or lacked care for the apartment while in his possession causing damage to the interior of the apartment which required repair and repainting at a cost to Defendant of $1500.00. 34. Defendant has been storing many large items of personal property of Plaintiff which Plaintiff refuses to reclaim and also refuses to permit Defendant to remove to the landfill at a cost of $60.00 per month since August 1, 2001. 35. Plaintiff failed to pay his water and sewer bill as required by the lease and Defendant paid the past due amount of $83.56. WHEREFORE, Defendant prays this honorable Court enter a judgment in his favor in the amount of $2508.56 plus $60.00 fimes the number of months Plaintiff's items have been in storage less Plaintiff's $400.00 security deposit, together with interest, costs and reasonable attorney fees. Respectfully submitted, n ~~'ea..dA if ~~ Joseph D. Buck~'y, Esquire Attorney for Defendant Supreme Court ID # 38444 1237 Holly Pike Carlisle, PA 17013 (717)249-2448 ~... VERIFICATION The undersigned, Christopher J. Bistline, hereby certifies that the statements made in the foregoing document aze true and correct to the best of his knowledge, information and belief. It is understood that statements made herein aze subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: I~ ~ 7- 01 Christophe ist ' .. CERTIFICATE OF SERVICE I, Joseph D. Buckley, Esquire, hereby certify that a true and correct copy of the foregoing document was served upon the following person via U.S. First Class mail, prepaid: James M. Robinson, Esquire 28 South Pit Street Carlisle, PA 17013 November 8, 2001 _ y i MILTON D. WASHINGTON, SR., Plaintiff v. CHRIS J. BISTLINE, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 01-5646 CIVIL TERM :CIVIL ACTION -LAW ANSWER TO COUNTERCLAIM 30. No answer required. 31. Denied. Plaintiff never abandoned the apartment during the term of this lease. Plaintiff did, in fact, begin serving a sentence in Cumberland County Prison on July 9, 2001 after which he fully intended to return to this apartment and pay to the Defendant $225.00 owing on his rent, which amount represents less than one month's rental payment. 32. Denied. Plaintiff never abandoned the apartment during the term of his lease. He did begin serving a sentence in Cumberland County Prison on July 9, 2001 and fully intended to return to the apartment thereafter. It is further denied that the apartment was left in a state of disrepair or that there was any need for cleaning the apartment or bagging and hauling trash therefrom. Plaintiff asserts that a large amount of trash deposited in the rear of the property which had been brought to his attention by Defendant on several occasions was deposited there by others and is, therefore, not the Plaintiffs responsibility. 33. Denied. Plaintiff never misused the apartment nor ever failed to care properly for it. At the time Plaintiff was incarcerated, the only damage to the interior of the apartment, excepting wear resulting from its normal use, was caused by the Defendant or his contractor, who were in the process of changing the heating system. The old steam radiators had been removed and the new heating units had not yet been installed. There was no damage caused by Plaintiff that would require repair or painting. 34. Denied. None of the property showed to Plaintiff by Defendant at the off- site storage facility belonged to Plaintiff, therefore, Plaintiff is not responsible for the cost of storage. 35. After reasonable investigation, the Plaintiff is unable to ascertain the truth of this averment and demands specific proof of payment of his water and sewer bill. Plaintiff had paid all water and sewer bills as they came due. He has no knowledge of the status of any water and sewer bills that were received subsequent to his incarceration on July 9, 2001. WHEREFORE, for all the above reasons, the Plaintiff, Milton D. Washington, Sr. respectfully requests that this Court dismiss Defendant's counterclaim and enter judgment in his favor and against Defendant. Respectfully Submitted TORO LAW OFFICES /l.lvJ. c~(o oC~l Date 28 uth Pitt reet Car isle, PA 1 013 (717) 245-9688 Attorney for Plaintiff ii VERIFICATION 1 verify that the statements made in the foregoing Complaint are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ~ ~ ~~ v Ja ~ Date ~ ~~~ ~ 4~ ~ Milton D. Washington, Sr. it -- ~~ CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Answer to Counterclaim upon Joseph D. Buckley, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the 26th day of November, 2001, from Carlisle, Pennsylvania, addressed as follows: Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 TURD LAW OFFICES es M. R binson, Esquire South P' Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff cn ~' ~ ~~ -j~T ` ti~ f:1 ~ i ? r r-. ;Y f_ V "ai ..~-~ N -' o ~ U' ? .:: t , j - J 4 _ Y~ Yi ~~.ys ~ ~, /y'~ 6 ~ ( ~~ ~~ ~~V MILTON D. WA5HINGTON, SR. Plaintiff v. CHRIS J. BISTLINE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- S?o ~(a CIVIL TERM CIVIL ACTION -LAW PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Milton D. Washington, Sr., Plaintiff, to proceed in forma oauperis. I, James M. Robinson, Esquire, attorney for the party proceeding in forma ae uaeris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's Affidavit showing inability to pay the costs of litigation is attached hereto. 9 a~ of Date Respectfully Submitted TURD LAW OFFICES J m s M. Rob' son, Esquire 2 outh Pitt treet Carlisle, PA 7013 (717) 245-9688 Attorney for Plaintiff MILTON D. WASHINGTON, SR., Plaintiff v. CHRIS J. BISTLINE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.01-STi'`/Ce CIVIL TERM CIVIL ACTION -LAW 1. I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. a. Name: Milton D. Washington, Sr. Address: 20 East Pomfret Street Carlisle, Cumberland County, Pennsylvania Social Security Number: 181-54-6419 b. If you are presently employed, state Employer: None Address: N/A NIA Salary or wages per month: N/A Type of work: N/A If you are presently unemployed, state Date of last employment: 9/21/01 Salary or wages per month: X1,290.00 Type of work: Stocking Shelves c. Other income within the past twelve months Business or profession: $ 4,930.56 Other self-employment: N/A Interest: None Dividends: None Pension and annuities: None Social Security benefits: $ None Support payments: None Disability payments: None Unemployment compensation and Supplemental benefits: None Workman's compensation: None Public Assistance: None Other: None d. Other contributions to household support Wife/Husband Name: None If your Husband/Wife is employed , state: Employer: N/A Salary or wages per month: N/A Type of work: N/A Contributions from children: N/A e. Property owned Cash: $00.00 Checking Account: $00.00 Savings Account:$ $ .51 Certificates of Deposit: None Real Estate (including home): None Motor vehicle: Make None Year N/A Cost N/A Amount owed N/A Stocks; bonds: None Other: $380.00 Held by Salvation Army Men's Shelter f. Debts and obligations Mortgage: None Rent: $ None Loans: None Monthly Expenses: $68.00/week Child Support g. Persons dependent upon you for support Wife/Husband Name: None Children, if any: Name: Milton D. Washington, Jr. Age: 8 vrs. Name: Age: Name: Age: 4. I understand that I have a continuing obligation to inform the Court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this Affidavit are true and correct. t understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date Milton D. Washington, S ., Plaint ff c _ _. t; --Y c'. _•_ ,. _ -n _ ~~ ~`, r,3 pit ~- `-, _< :_ " , ,. = ~~_ ~'~ `Li d~. _ ~. •_~ -~~ w~. - ~- - ~~w ~_.~ I - - _ CASE NO: 2001-05646 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MILTON D SR VS BISTLINE CHRIS J SHANNON SUNDAY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BISTLINE CHRIS J the DEFENDANT at 2009:00 HOURS, on the 2nd day of October 2001 at 220 CHERRY STREET CARLISLE, PA 17013 CHRIS BISTLINE by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this /L ~ day of P othonotary So Answers: R. Thomas Kline %% 10/03/2001 By: (~ 0G -7t- G. ~`'' Deputy Sheriff Q MILTON D. WASHINGTON, SR. : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-5646 CIVIL TERM: CHRIS J. BISTLINE, :CIVIL ACTION -LAW Defendant PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: I, James M. Robinson, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is (or actions are) at issue. 2. The claim of the Plaintiff in the action is $7,625.00. The counterclaim of the Defendant in the action is $2,408.56. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Joseph D. Buckley, Esquire Robert J. Mulderig, Esquire James M. Robinson, Esquire Gerard J. Foulke, Esquire Ron Turo, Esquire Galen R. Waltz, Esquire Carol L. Cingranelli, Esquire WHEREFORE, YOUR Petitioner prays this Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ~~ es M. R inson, Esquire u O ~ - n ~r~~, ~~ ~-~ :3-r' r `- ~ ~ r tv _`- '~' `, . ~7 ~~ p _ -v {:~ y C_ :? C~ ~=~i -~ C -~ MILTON D. WASHINGTON, SR. Plaintiff v. CHRIS J. BISTLINE, Defendant AND NOW, t foregoing Petition, and action as pr ed for. ~t~ ,Esq., - Esq., are appointed 200~1h consideration of the L'~ir/ ,Esq., at~he above-captioned BY TH O P.J. IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5646 CIVIL TERM CIVIL ACTION -LAW ORDER OF COURT 3~---day of - c~?~ n ~, T ~t5 ~ ~ C? C.,• 7 .:~ S _ i ~ ~~ ~ ~~ ~;IN'dmASr~~!=~ ''i'~ ~U6 ~€?s ~:- P~~t' ~.C ~:.' ,;;i-l~ ;;~ Ci:'' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MILTON D. WASHINGTON, SR, Plaintiff v. CHRISTOPHER J. BISTLINE Defendant No. 01-5646 CIVIL TERM CIVIL ACTION LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY Please discontinue the above captioned matter with prejudice as it has been settled by agreement of the parties. If there have been any judgements entered, please mark them satisfied. Thank you. Respectfully submitted Attorney for the Df ID # 38444 1237 Holly Pike Carlisle, PA 17013 (717)249-2448 J s M. Rob' son, Esquire A ey for e Plaintiff ID # ~y133 28 South Pitt Street Carlisle, PA 17013 (717) 245-2165 m~ - c. ~ :~ -«=~= ,~~ -- ~'' -.. ,:; .: ~`= _ - .. _; _ ~ - - ca t'~~ mil/ _ ~_+a"i:au b'AZ 717 L3U ao~r~ MILTOA9 D._ WASHIHGTOR. SR. ~~~ ~~ rauanui.uinpa z ) CHRIS J. $ISTLINE ~ OATH In me-Court of coemou Pleas of Cumberland County, °annaylvania :To. , 01-5646 19 Wn do solemnly swear (or affirm) that wa will support, obey and deiced the Conatituttan of the Qnitad Statae and the Consticut~o~ of this Coaaoa- wealth and that we will diacharga the datiaa of fur-offr),ce with fidal~y.) AWARD Ada, the eadarsigned arbitrators, having been dulq appoinead and sworn (or affirmed), make the following award: (Nora: If damages for delay axe awarded, theq shall ba saoarateln stated J 2-Y~ - A Data of Haaring: Marsh :9. 9nro Date of .ward: ~~c~~ ~ ou Glf~1, .TOTYC~ OF ENTRY OF .~ Now, tht I `~~day of ~A~~h aCk~2~, ~ ad3-C/~, ~.:1., ebs above award was aatared upon the dockac and aociee thereof given by sisal eo cha ti a or t't it t i:ae •~./ par e a at o ya. o Arbitsatora` cospenaation to ba ~ '~f paid~luGpon appeal: - ~` ree 5 /X "In, vo gy: Deauc~ '1tl v . Arbitrator, disatACa. (lnalrt i. applicable. ) . --~ -... :.. -ln~l~9~ ~~iv~q rtc la..-~q.~,( ac.I, - ~iYrvz ~ Hcw~ ~t e lCh i,~(k~ , ? 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