HomeMy WebLinkAbout01-05660JOSEPH C. CARMINATI, Individually. :IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. :NO. O1-5660-Civil
Shane Wivell, Defendant :CIVIL DIVISION -LAW
COMPLAINT
Comes now, Joseph C. Carminati , Plantiff, and states that the defendant has made fatse
statments to try to recive money from me and/or my insurance co.This has caused me ito loose
worksleep,money and slanders me with his defamation.
I Joseph C. Carminati ,ask the Court to order the Defendant to pay Damages to me iin the
amount of Eight Thousand Dollars Plus all Court and Attorney Fees.
Respectfully submitted,
Joseph C. Carminati
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SHANE WIVELL and,
CYNTHIA A. WIVELL,
Plaintiffs
v.
JOSEPH C. CARMINATI,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNS`i'LVANIA
CIVIL ACTION -LAW
NO. 01-5660 CIVIL
NOTICE OF MEETING
OF ARBITRATORS
PLEASE TAKE NOTICE that the Arbitrators appointed in the above-captioned action
will sit for the purpose of their appointment on Monday, April 15, 2002, at 2:00 o'clock P.M. in
the Old Courthouse, 2"d Floor Hearing Room, Carlisle, Pennsylvania.
Taylor P. Andrews, Esquire
Marylou Matas, Esquire
Darrall Dethlefs, Esquire
Date: 'G "~'~~
By:
P..~A'ndrews, Chairman
TO:
Marylou Matas, Esquire
200 North Hanover Street
Carlisle, PA 17013
Girard E. Rickards, Esquire
214 Senate Avenue
Suite 504
Camp Hill, PA 17011
Bulletin Board
Prothonotary's Office
Cumberland County Court House
Carlisle, PA 17013
Darrall Dethlefs, Esquire
3805 Market Street
Camp Hill, PA 17011
Joseph C. Carminati, Pro Se
929 Burnthouse Road
Carlisle, PA 17013
Court Administrator's Office
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013
ANDREWS & JOHNSON
Attorneys at Law
78 West Pomfret Street
Carlisle, PA 17013
TAYLOR P. ANDREWS
RONALD E. JOHNSON
FAX TRANSMITTAL SHEET
TO: Girard E. Rickards, Esquire 731-0987 m ~
(Arbitrator ~ ' , - Y
(Arbitrator) ~kDarrall Dethlefs, Esquire 975-2309
FROM: Taylor P. Andrews, Chairman
DATE: April 5, 2002
TOTAL PAGES IN THIS TRANSMISSION
RE: Wivell vs. Carminati.
Schedule of Arbitration hearing
Telephone (717)243-0123
Telefax (717) 243-0061
LD U n~ ~~ ~ f~4
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I am providing the following dates for you to check your calendars and advise as to which dates
you are available.
April 15"' at 2 p.m. ~
A :1 ~nth~. i n _ .v
~A4ay-l zr'' a~l-9 a.xa-oc2}im.
Please advise at your earliest convenience the dates that you are available. Please provide more
than one date if possible.
X SENT BY FAX ONLY
ORIGINAL TO FOLLOW BY MAIL
INITIAL AS PROOF
OF FAXING
TEWART TITLE®
Enhancing the Real Estate
Closing Process"°
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Shelly
From: Taylor Andrews [tpandrews@pa.net]
Sent: Monday, April 08, 2002 11:45 AM
To: a-j@pa.net
Subject: RE: Wivell vs CarMinati arbitration
I need to prepare an order to be signed by J Hoffer replacing Susan Confair
with MaryLOU Matas. Use the caption -from the file and just prepare an order
indicating that the appointment of Susan Cofair as an arbitrator in the
above captioned case is vacated, and Marylou Matas, Esq. is appointed in her
place. Check the file or our bar list for accuracy with the names.
-----Original Message-----
From: Shelly [mailto:a-j@pa.net]
Sent: Friday, April O5, 2002 11:13 AM
To: Taylor Andrews
Subject: Wive11 vs Carminati arbitration
Susan Confair is out on maturity leave -- talked with Sandy at Judge
HOffer's chambers and she provided with the name of Mary Lou Matas @
Griffie's office to be the aribrators to replace Susan Confair. Not sure if
she will send anything in writing to substantiate this, thus this message
1
DOUGLAS, DOUGLAS & DOUGLAS
ATTORNEYS AT LAW
27 W, HIGH STREET
WILLIAM P. DOUGLAS *+
GEORGE F. DOUGLAS, m
P. O. BOX 261
GEORGE F. DOUGLAS, JR.
1925-1995
• qL¢O ADMITTED TO
PRACTICE IN FLORIDA
+CERTI FIED AS A CIVIL TRIAL ADVOGTE BY
THE NATIONAL BOARD OF TRIAL ADVOCAY
CARLISLE, PENNSYLVANIA
17013-0261
April 3, 2002
Taylor P. Andrews, Esquire
78 West Pomfret St.
Carlisle, PA 17013
Re: Wivell v. Carmainati
Your File: 01-5660
Dear Taylor:
(i'V1 243-1]90
FAX (71])243-8955
I was retained to defend Joe Carmainati . The purpose of my engagement
has been resolved, and all that remains is the claim of Joe Carmainati against
Wivell. Therefore, I will assume you are corresponding with Mr. Carmainati
directly from this point forward. His address is 929 Burnt House Road, Carlisle.
Sincerely,
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cc.
Girard C. Rickards, Esquire
214 Senate Ave., Suite 503
Camp Hill, PA 17011
ANDREWS & JOHNSON
Attorneys at Law
78 West Pomfret Street
Carlisle, PA 17013
TAYLOR P. ANDREWS
RONALD E. JOHNSON
March 20, 2002
Girard C. Rickards, Esquire
214 Senate Avenue
Suite 503
Camp Hill, PA 17011
William P. Douglas, Esquire
27 West High Street
Carlisle, PA 17013
RE: Wivell vs. Carmainati
01-5660
Gentlemen:
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Telephone (717)243-0123
Telefax (717) 243-0061
I have been appointed Chairman of a Board of Arbitration to hear the
counterclaim asserted in the above referenced case. While the Petition for the
Appointment of Arbitrators identifies William P. Douglas, Esquire as cotmsel for the
Defendant, there is nothing in the Court file to indicate Mr. Douglas representation.
Additionally, the only pleadings that I have pertaining to the counterclaim are
enclosed.
Please advise if I am missing a Praecipe or other pleading whereby Attorney
Douglas entered his appearance. Also please advise if there are any pleadings other
than those enclosed that assert the counterclaim in this case.
After you answers to this question I will proceed.
Sincerely yours,
ANDREWS & JOHNSON
Taylor P. Andrews, Esq.
'fPAas
OIHB-00119
SHANE WIVELL AND
CYNTHIA A. WIVELL,
(PLAINTIFFS
vs.
JOSEPH C. CARMINATI,
(DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-5660 CIYIL ,
CIVII, ACTION -LAW
JURY TRIAL DEMANDED
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE BUDGES OF THE SAID COURT:
Girard E. Rickards. Esga'rr~, counsel for the Plaintiffs 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 $ N/A (Settledl
The counterclaim of the Defendant in this action is $ 8 000.00
The following attorneys are interested in the case as counsel or are otherwise disqualified to sit
as arbitrators: Girard E. Rickards. Esquire. Attorney for Plaintiffs, and William P.
Douglas Esquire. Attorney for Defendant _
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) azbitrators to
whom the case shall be submitted.
Respectfully submitted,
COBS & SABA
By:
hard E. Rickards, Esquire
Attorney for Plaintiffs
Identification No. 58867
ORDER OF COURT
AND NOW, ~ y , 20D _, in consideration of the
attached petition ,Esquire, ,
Esquire, and ,Esquire, aze appointed arbitrators n the above-
captioned action as prayed for.
By the Court
P.d.
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O1HB-00119
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorneys for Plaintiffs
SHANE WIVELL AND
CYNTHIA A. WIVELL,
PLAINTIFFS)
VS.
JOSEPH C. CARMINATI}
DEFENDANT)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-5660 CIVIL
CIVIL ACTION - LAw
BURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Plaintiffs
herein, and that he caused a true and correct copy of Petition for Appointment of Arbitrators to
be served by regular first class mail upon:
William P. Douglas, Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle, PA 17013
Dated: Febrna~ 8. 2002
Girard E. Rickards, Esquire
Attorney for Plaintiffs
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JOSEPH C. CARMINATI, Individually
Plaintiff
v.
Shane Wivell, Defendant
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 01-5660-Civil
:CIVIL DIVISION -LAW
Certificate of Service
I, Joseph C. Carminati, have personally maIled a copy of the complaint to Shane Wivell, 1101
Mye~stown Rd. Gardners, Pa.
Respectfiilly submitted,
J eph C. Carminati
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( AoNWEALTN OF PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTGPE OF APPEAb
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS Na
NOTICE OF APPEAL '
Notice is given that the appellant has filed in The above Court of Common Pleas an appeal from the judgment rendered by The District Justice on the
date and in The mse menfiorled below
~SE Ot' t ~a/isr ina ~ t~ ~ ~ ~ b.`f ~ 3 ~ .3
ADDRFSS OF ILANr L ,,pp //~~ CITY STAflT~E ZP CODE
Bc.~rn~Ikor.cS£ FlL L.G(/ 5(t ~ 1~r `- ~Ot3
DA~+of JUDCIAENT MTyq~'EL=CASE Or`r7HinfiHl , ~~ aSfroA~ 1 f /~~,~~` lg J, `
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This bock will be signed ONLY when this notation is required under Pa. R.CP.J~ No. ~If appellant was CLAIMANT (see Pa. R.C.P.JP. NO.
1008&
This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) In aCti0r1 before District JUStICe, he MUST
SUPERSEDERS ro the judgment for possession in This case. FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
Signatu2 of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action before Dishict Justice.
IF NOT USED, detach from copy of notice of appeal [o be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon
Name
oppellee(s), To fi0e a complaint in this appeal
(Common Pleas Na 0~ ~J4Xad )within twenty (20) days after i e o~ le orrsuffer entry of judgment of non pros
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C >> Signature o/ appellant or his atfomey or agent
RULE: io S{TC o~ f (~tJ r UC ~~ , appeNee(s).
Name o/ appelt(;ets)
(1) You are notified that a rule is hereby entered upon you To file a complaint in this appeal within twenty (20) days offer the date of
service of this rule upon you by personal service a by certified or registered mail.
(2) M you do not file a complaint within this time, a JUDGMENT Of NON PROS WILL BE ENTERED AGAINST YOU.
(3) The daM of service of this rule if service was by mail is the dare of mailing. ~/~~
Signahue:ot or OepWy
AOP03,2-ee COURT FILE TO BE FILED WITH PROTHONOTARY
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P~4} t}F ~~ ~F ~TI~~: F' AI~~~AL ~~ ~tD~ ~° Fi~~ ~~C?~~L~B~I"
(;'"hts praaP of service MLiS'7` 8E f"'ttEF~ WdTN7rSr 7-F_IJ (#Oj DA 4"S AFTEty tltTng Phe nafee {tf append. CheeR appliaabte boxes)
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~rJUN'L?t OF
ss
~FIEbY~T'o 3 hereby swear ar affirm that I sertt~d
€~` a vapy c4 the ~dc~iice of Appeal, ~°ammon Pleas No. ____...,-.~,..._._._._.._, open the ~isfrict ,iustiae designated 'hera~i on
(date of service) _....._....__Y______.._______~ C3 by persanai service ~ bjr {certified) {rBpistered} CttBi(, ser~der'S
receipt attached hereto. aar,1 open the appeAee. (Hemet _.______ ___.~._______ , ~~ _~ , an
_~.._,___________ , ?S.~___. ~J by persanai service (~ by {certified} {registeredi mail, sender's receipt attached here#c.
E~ and furfherthaiiservecthef~r~EetoFileaGa~nplsinfaccamparyingtheabavePdoticeafApiaealupantheappellee{s)tawhv~,~
tlta Bale urns addressed ot~ _ _.._...____~_________ , f 9.,~., i_~ by persana€ service ~} 6y (cerCifiecf} {rogistered)
rnaiE, sender`s race#pt ahtaehed herein.
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• COMMONWEALTH OF PENNSYLVANIA
F- COUNTY OF: CLJMBSRLAND
Mag. Dist. No.:
09-3-03
DJ Name: Hon
SIISAN R. DAY
Atldfe55 229 MILL STREET, BOX 167
MT. HOLLY SPRINGS, PA
Telephone: (717) 486-7672 17065
JOSEPH CARMINATI
929 BDRNTHOIISS RD.
CARLISLE, PA 17013
THIS IS TO NOTIFY YOU THAT:
Judgment:
~X Judgment was entered for:
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: CIVIL CASE:
NAME antl ADDRESS
rWIVSLL, SHANE ~
1101 MYSRSTOWN ROAD
GARDNSRS, PA 17324
L J
VS.
DEFENDANT: ~ NAME ana ADDRESS
rCARMINATI, JOSSP,H ~
929 BURNPHOIISS RD.
CARLISLE, PA 17013
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DocketNo.: CV-0000207-01~
Date Filed: 7/24/01
(Name) wrvlxr.r„ RHANR
Judgment was entered against: (Name) (`ARMTNATT, ~TOSRPH
in the amount of $ 70R _ 50 on:
Defendants are jointly and severally liable.
Damages will be assessed on:
This case dismissed without prejudice.
Amount of Judgment Subject to
AttachmenUAct 5 of 1996 $_
Levy is stayed for days or ^ generally stayed.
Objection to levy has been filed and hearing will be held:
i 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 TH{S ty0'R&E OF JUDGMENTIT.I~ANSC6~PT FOAM WITH YOUR NOTICE 01= APPEAL.
Date
I certify that this is a true end correct copy of the reco.dd of
Date
My commission expires first Monday of January, 2004
(Date of Judgment) a h ~}/m
(Date & Time)
Amount of Judgment
Judgment Gosts
Interest on Judgment
Attorney Fees
Total
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
District Justice
proceedings containing the judgment.
District Justice
SEAL a'
AOPC 315-99
COMMONWEALTH OF PENNSYLVANIA
r`nl Irlrv n~• CQMBSRLAND
09-3-03
DJ Name: Hon.
SIISAN R. DAY
Add'e55 229 MILL 3TRSST, BOX 167
MT. HOLLY SPRINGS, PA
Telephone: (717) 486-7672 17065
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADOFlESS
rCARMINATI, JOSEPH ~
929 BIIRNTHOIISE 12D.
C:ARLISLS, PA 17013
L -~
VS.
DEFENDANT: NAME and ADDRESS
rWIVSLL, SHANE ~
1101 MYERSTOWN RD.
GARDNERS, PA 17324
JOSEPH CARMINATI L ~
929 BIIRN'PHOIISE RD. DocketNo.: 07-0000207-0]~
CARLISLE, PA 17013 Date Filed: 7/27/01
CROSS COMPLAINT 001
THIS IS TO NOTIFY YOU THAT:
Judgment: noR nar+sNnANm
® Judgment was entered for: (Name) wTVRr.r., RHANR
Judgment was entered against: (Name) (!ARMTNATT, To4EPH
in the amount of $ _ nn on: (Date of Judgment) oug/oi
^ Defendants are jointly and severally liable. (Date & Time)
^ 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: Place:
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FIP_ING A NOTICE
OF APPEAL WITH THE PROTHONOTARYlCLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS E OF JUDGMENT ANSC T FORM WITH YOUR NOTICE CIF APPEAL.
~r G Date ~ , DistriCtJustice
I certify that this is a true (end correct copy of the reco,dd of
Date
My commission expires first Monday of January, 2004
AOPC 315-99
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
proceedings containing the judgment.
District Justice
SEAL z
CO.,AMONWEALTN Oi PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
Notce is given that the appellant has fik:d in the above Court of Common Pkws an appeal from the judgment rendered hry the District Justice on the
date and in the case mentioned below
fit; ~: a- 1;t ~_ ~ `,.z t^ r+a i rr cr I C~ ~' ,~, ~ ~
ADDRESa OF APPELLAM - CRY STATE ZP CODE
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NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS Na (,~~d''-..~'~jj. ~; ~r. f„~~,.G.~.
I ~ f ~ ~ ~ ~a
~~'~.. /' r'+.r---'~~ ~~
This bock will be sgned ONLY when this notation is required under Pa R.CPJP. No.
1008&
This Notice of Appeal, when received by 'the District Justice, will operate as a
SUPERSEDERS to the judgment for possession in this case
Signatun= of Prothonotary or Deputy
If appellant was. CLAIMANT (see Pa. R.C.P.J.P. No:
1001(6) in action before Dfstrict Jusiiee; 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 o/ /oim to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action betore-District Justice.
IF NOT USED, detach /torn copy of notice of appeal ro be served upon appellee).
PRAECIPE: To Prothonotary ~y /
Enter rule upon "° ~~' ~f- ~ I V P ~f , appellees) To file.a~compkHn4:in this ~appeul
Name of appellee(s) -
(Common Pleas No. G~j . -^'~~~ )within twenty (20) days affe~servi a of rule or~s^uffer entry a4 judgment of non pros
l e~ ( ~.~ ..~_~~
`'-"` Signature o/ appellant w hk attorney w agent
RULE: ro ~-~~ "'` ~ ~ r Ur' `/ , appellee(s).
Name d appe0ee/s)
(1) You are notified that a rule is hereby entered upon you b file a mmplaiitt in this appeal within twenty (20) days aftei the daM of
service of this.ruk: upon you by_ personal service or by certified or registered mail. -
~ _
(2) M you do not fik: 8 comphinYwithin Thii time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOLI.
(3) The-dope of service of this ru{e'rf service was by mail is the date of maiYrg.
Date: ~::` ~/J. ,sd, c/j~` , ~c.?L3.T/
AOPC 3t2-BO
shirehue a R y w Deputy
~~~~~ ~F S~~tV1~E ~~ N~'fIG~ ~P ~6~P~AL APil3 RllL~ TC? ~IL~ ~~I~A~L~IPiT
(This proof,of service Ntt,+ST BE Ft~ED WlTH1N TEN f70) DAYS AFTER f%ltng the noP/ee of appeat, Check epp77cable boxes)
C~FA~C6~dktlEAt~Tdf{ni~F PE/N~NS/Yl.t+AA1iA
~Qi.1MTY ~}F~...._` 4+n J'eYl4N ~ ~ SY
~FFIAif~1C: i hereby swear or affirm that I served
C~f"a Dopy at the Notice of Rppeal, Comman Pleas No. ~ ~ - `-~ ~ d ,upon the District Justice designated therein an
(date aP service) `!• " ~ ~ ' ~ f (~by personal service ^ by (oertified) (registered} mail, sender's
receipt attached hereta, and upon the appellee, /namo) _ 'Sos~~ f~G r>~. , k <. ~• __~~ _ _, an
_~~~ ~ ~ - o {_-_ , 13~.._ (~ by persona( service {~~ {certified} (registered} mail, sender's receipt attached herefo.
~ a:ryd further that i served the Ruie to File a Com plaint aocompanyi ng the above Notice of Rppeal upon the appel lee(s) to whom
the Rule was adcressed on __~ti--~~-°~t=,EDib.~, ~,kLy~-personal service (~'Oy {certified) {registe,>ed}
mail, senders receipt attached hereto. / /~~
SWORN (RFFi~ Eb} AND St~BSCRIBED BEFORE ME ,/ /!
-~O~ r
TMIS _ ~c~ _~___ taRV aFf~~., ~_?eOl __ 1. ~ ____. ._~_
-~ ~'~ _ / , ,~ .- Signature of afl#ant
SignaU~dr ~ rat boF,~rs whvur: affr~iauit was made
77th o£ atltalal _ g~
My ra~nmtsiun eapirey ar ....._~ _. ~ .____.-....,_._~.. ~S
NOTARIAL SEAL
JODY S. SMITH, NOTARY PUBLIC
Carlisle eoro. Cumberland County
My Commission Expires April 4, 2005
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O1HB-00119
LAW OFFICES OF JACOBS &SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorneys for Plaintiff Shane Wivell
SHANE WIVELL~
(PLAINTIFF)
VS.
JOSEPH C. CARMINATI,
(DEFENDANT)
Irr TxE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-5660 CIYII.
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
ANSWER OF PLAINTIFF SHANE WIVELL TO
COMPLAINT~SIC~ OF DEFENDANT JOSEPH C. CARMINATI
I. The allegations of the Defendant's Complaint constitute a conclusion of law to which
no response is required. To the extent that a response is deemed required, each and every
unintelligible allegation of fact is specifically denied and strict proof thereof is demanded at the
time of trial.
WHEREFORE, Plaintiff Shane Wivell respectfully requests your Honorable Court to enter
judgment In his favor in an amount not in excess of the compulsory arbitration limit, together with
court costs and attorney's fees.
Date: October 30, 2001
Respectfully submitted,
LAW O OF 7ACOBS &SABA
By:
Girard E. Rickards, Esquire
Attorney for Plaintiff Shane Wivell
Identification No. 58867
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O1HB-00119
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorneys for Plaintiff Shane Wivell
SHANE WIVELL,
(PLAINTIFF)
VS.
JOSEPH C. CARMINATI,
~DEFENDANT~
r
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-5660 CIVH,
CIVD. ACTION -LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Pllaintiff
herein, and that he caused a true and correct copy of Answer of Plaintiff Shane Wivell to
Complaint[sicj, of Defendant Joseph C. Canninati to be served by regular first class email upon:
Joseph C. Carminati
929 Burnthouse Road
Carlisle, PA 17013
Dated: October 30. 2001
Girard E. Rickards, Es uire
Attorney for Plain '
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O1HB-00119
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorneys for Plaintiff Shane Wivell
SHANE WIVELL~
(PLAINTIFF
VS.
JOSEPH C. CARMINATh
(DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
N®. 01-5660 CIVU,
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance in the above-captioned matter on behalf of the Plaintiff,
Shane Wivell.
Date: October 30, 2001
Respectfully submitted,
LAW OFFICES OF 7ACOBS & SABA
By:
Girard E. Rickards, Esquire
Attorney for Plaintiff
Identification No.58867
O1HB-00119
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
SHANE WIVELL,
(PLAINTIFF
IN THE COURT OF COMMON PLEA5
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
JOSEPH C. CARNIINATI,
~DEFENDANT~
No. 01-5660 CIVIL
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Plaintiff
herein, and that he caused a true and correct copy of Entry of Appearance to be served by
regular first class mail upon:
Joseph C. Carminati
929 Burnthouse Road
Carlisle, PA 17013
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Dated: October 30, 2001 _
Girard B. Rickards, Bsquire
Attorney for Plaintiff
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O1HB-00119
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
SHANE WIVELL AND
CYNTHIA A. WIVELL,
~PLAINTIFFS~
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL~VANL1
No. 01-5660 CIVIL
VS.
JOSEPH C. CARMINATI,
(DEFENDANT
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
1'~10~'ICE
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 Amended
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 Amended
Complaint or for any other claim or relief requested by the Plaintiffs. 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
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
1-800.990-9108
,.
O1IIB-00119
LAW OFFICES OF JACOBS & SABA
214 Senate Aveuue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
SHANE WIVELL AND
CYNTHIA A. WIVELL~
(PLAINTIFFS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-5660 CIVIL
VS.
JOSEPH C. CARMINATI,
(DEFENDANT
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
AMENDED COMPLAINT
1. Plaintiffs, Shane Wivell and Cynthia A. Wivell, are adult individuals residing at 1101
Myerstown Road, Gardners, Cumberland County, Pennsylvania.
2. Defendant, Joseph C. Carminati, is an adult individual residing at 929 Burnthouse
Road, Carlisle, Cumberland County, Pennsylvania.
3. At all times relevant hereto, Plaintiff Shane Wivell was the equitable owner and
operator of a 1993 Ford Probe GT, Pennsylvania license DRJ2272.
4. At all times relevant hereto, Plaintiff Cynthia A. Wivell was the legal owner of the
above referenced 1993 Ford Probe GT.
5. At all times relevant hereto, Defendant Joseph C. Carminati was operating a 2001
Suzuki sports utility vehicle.
6. On July 8, 2001, Plaintiff Shane Wivell was driving his vehicle on Pennsylvania Route
34 from Mount Holly Springs towards Carlisle in Cumberland County, Pennsylvania.
7. At the above time and place, Defendant Joseph C. Carminati was operating his vehicle
behind the Plaintiff s vehicle.
8. As the Plaintiff approached the intersection of Marsh Drive and Pennsylvania Route 34,
the Plaintiff signaled his intention to turn left onto Marsh Drive and began to slow his vehicle in
order to make the turn.
9. At the same time and place, the Defendant failed to slow his vehicle and drove his
vehicle into the reaz of the Plaintiff s vehicle, causing damage as more specifically set forth below.
10. The collision was caused solely by the negligence, carelessness and recklessness of the
Defendant in that he:
(a) Operated his vehicle at a speed in excess of that which was safe under the
conditions;
(b) Followed the Plaintiff s vehicle too closely;
(c) Failed to be alert and attentive while operating his vehicle;
(d) Failed to properly brake his vehicle to avoid colliding with the rear of the
Plaintiff's vehicle;
(e) Violated the assured cleaz distance ahead rule; and
(~ Was otherwise negligent.
2
11. At all times relevant hereto, Plaintiff Shane Wivell operated his vehicle in a safe,
prudent and legal manner.
12. As a result of the negligence of the Defendant, as set forth more specifically above,
the Plaintiff sustained damages to his vehicle and anticipates the necessity to incur a rental vehicle
to have his vehicle repaired.
13. In addition to the damages to the Plaintitl's vehicle, Defendant is liable for the costs
for a District Justice action in the amount of $58.50.
14. The amount in controversy does not exceed the compulsory arbitration limit for the
Cumberland County Court of Common Pleas.
WHEREFORE, Plaintiffs Shane Wivell and Cynthia A. Wivell respectfully request your
Honorable Court to enter judgment against Defendant 7oseph C. Carminati in an amount less than
$25,000.00, plus costs, interest, counsel's fees and such other relief as deemed appropriate by this
Honorable Court.
Respectfully submitted,
LAW OFFI OF JACOBS & SABA
Date: November 21, 2001
Girard E. Rickards, Esquire
Attorney for Plaintiffs Shane Wivell
and Cynthia A. Wivell
Identification No. 58867
O1HB-00119
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorneys for Plaintiffs I
SHANE WIVELL AND
CYNTHIA A. WIVELL,
(PLAINTIFFS)
VS.
JOSEPH C. CARMINATI,
(DEFENDANT)
Ix THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
N®, 01-5660 CIYH,
CIVIL ACTION - LAw
JURY TRL1L DEMANDED
VERIFICATION
We, Shane Wivell and Cvnthia A. Wivell, verify that the statements made in the
foregoing Amended Complaint are true and correct to the best of our knowledge, information
and belief. We understand that false statements herein are made subject to the penalties of
Pa. C.S.A. §4904, relating to unsworn falsification to authorities.
Dated: I ~ U
Dated: ~ lC~d ~ 0~~
1
~~
Cynthia A. Wivell (Plaintiff)
r
~~r , ~ ~/1t~ .
Shane Wivell (Plaintiff)
O1HB-00119
LAW OFFICES OF JACOBS $z SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
SHANE WIVELL AND
CYNTHIA A. WIVELL,
(PLAINTIFFS)
VS.
JOSEPH C. CARMINATI,
(DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-5660 CIVIL
CIVII, ACTION -LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Plaintiffs
herein, and that he caused a true and correct copy of Amended Complaint to be served by
regular first class mail upon:
William P. Douglas, Esquire
Douglas, Douglas & Douglas
27 West High Street
Cazlisle, PA 17013
Dated: November 21. 2001
Girard E. )tickazds, Esquire
Attorney for Plaintiffs
O1HB-00119
LAW OFFICES OF JACOBS 8c SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorneys for Plaintiff Shane Wivell
SHANE WIVELL9
(PLAINTIFF)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V5.
JOSEPH C. CAR1vuNATI,
DEFENDANT)
NO. 01-5660 CIVIL
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
N®TICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this Complaint and
Notice are served by entering a written appearance personally or by attorney and filing in writing
with the court your defenses or objections to the claims set forth against you. You are warned that
if you fail to do so, the case may proceed without you, and a judgment may be entered against you
by the court without further notice for any money claimed in the Complaint or for. any other
claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR 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
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, FA 17013
(717) 240-6200
O1HB-00119
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
SHANE WIVELL,
PLAINTIFF)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
JOSEPH C. CARMINATh
(DEFENDANT)
N®. 01-5660 CIVII,
CIVII, ACTION- LAw
JURY TRIAL DEMANDED
COMPLAINT
1. Plaintiff, Shane Wivell, is an adult individual residing at 1101 Myerstown Road,
Gardners, Cumberland County, Pennsylvania.
2. Defendant, Joseph C. Carminati, is an adult individual residing at 929 Burnthouse
Road, Carlisle, Cumberland County, Pennsylvania.
3. At all times relevant hereto, Plaintiff Shane Wivell was the equitable owner and
operator of a 1993 Ford Probe GT, Pennsylvania license DRJ2272.
4. At all times relevant hereto, Defendant Joseph C. Carminati was operating a 2001
Suzuki sports utility vehicle.
5. On July 8, 2001, Plaintiff Shane Wivell was driving his vehicle on Pennsylvania Route
34 from Mount Holly Springs towards Carlisle in Cumberland County, Pennsylvania.
6. At the above time and place, Defendant Joseph C. Carminati was operating kris vehicle
behind the Plaintiff s vehicle.
7. As the Plaintiff approached the intersection of Marsh Drive and Pennsylvania Route 34,
the Plaintiff signaled his intention to turn left onto Marsh Drive and began to slow his vehicle in
order to make the turn.
8. At the same time and place, the Defendant failed to slow his vehicle and drove his
vehicle into the rear of the Plaintiff s vehicle, causing damage as more specifically set faith below.
9. The collision was caused solely by the negligence, cazelessness and recklessness of the
Defendant in that he:
(a) Operated his vehicle at a speed in excess of that which was safe under the
conditions;
(b) Followed the Plaintiff s vehicle too closely;
(c) Failed to be alert and attentive while operating his vehicle;
(d) Failed to properly brake his vehicle to avoid colliding with the rear of the
Plaintiff s vehicle;
(e) Violated the assured clear distance ahead rule; and
(~ Was otherwise negligent.
10. At all times relevant hereto, Plaintiff Shane Wivell operated his vehicle in a safe,
prudent and legal manner.
11. As a result of the negligence of the Defendant, as set forth more specifically above,
the Plaintiff sustained damages to lis vehicle and anticipates the necessity to incur a rerntal vehicle
to have his velicle repaired.
12. In addition to the damages to the Plaintiff's vehicle, Defendant is liable for the costs
for a District Justice action in the amount of $58.50.
13. The amount in controversy does not exceed the compulsory arbitration limit for the
Cumberland County Court of Common Pleas.
WHEREFO]tE, Plaintiff Shane Wivell respectfully requests your Honorable Court to enter
judgment against Defendant Joseph C. Carminati iri an amount less than $25,000.00, plus costs,
interest, counsel's fees and such other relief as deemed appropriate by this Honorable Court.
Respectfully submitted,
I..AW O OF JACOB & SAB
Date: October 30, 2001 By:
irard B. Rickards, Esquire
Attorney for Plaintiff Shane Wivell
Identification No. 58867
O1HB-00119
LAW OFFICES OF JACOBS & 5ABA
214 Senate Avenue, Sufte 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
SHANE WIVELL,
(PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANLI
VS.
JOSEPH C. CARMINATI,
(DEFENDANT)
No. 01-5660 CivII,
CivH. ACTION - LAw
JURY TR1AL DEMANDED
VERIFICA~'ION
I, Shane Wivell, verify that the statements made in the foregoing Com aint are true
and correct to the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of Pa.C.S.A. §4904, relating to unswom
falsification to authorities.
Dated: tOr~-0 /off QP..~Pir~nD. ~/J,.Y ~-
Shane Wivell (Plaintiff)
O1HB-00119
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
Attorneys for Plaintiff Shane Wivell
SHANE WIVELL,
PLAINTIFF)
V5.
JOSEPH C. CARMIivATI,
~DEFENDANT~
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-5660 CIVIL
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
Girard E. Rickards, Esquire, hereby certifies that he is the attorney for the Pllaintiff
herein, and that he caused a true and correct copy of Comte Y to be served by regular first
class mail upon:
Joseph Carminati
929 Burnthouse Road
Carlisle, PA 17013
Dated: October 30. 2001
Girard E. Rickards, Esquire
Attorney for Plaintiff
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SHANE WIVELL and,
CYNTHIA A. WIVELL,
Plaintiffs
v.
JOSEPH C. CARMINATI,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION -LAW
NO. 01-5660 CIVIL
nRi1FR
AND NOW, Q~ R ' 2002, it is hereby ORDERED AND DECREED that Susan
Confair, Esquire is hereby vacated as an Arbitrator in the above captioned matter and Marylou
Matas, Esquire is hereby appointed in her place.
BY THE COURT:
G f ~ P.J.
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JOSEPH C. CARMINATI, Individually
Plaintiff
v.
Shane Wivell, Defe~ant
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 01-5660-Civil
:CIVIL DIVISION --LAW
AMP~ENDED COMPLAINT
Comes now, Joseph C. Carminati , Plantiff, and states that the defendant has made false
statments to try to reeve money from me and/or my insurance co.This has caused me to loose
worksleep,money, and slanders me with his defamation.
I Joseph C. Carminati ,ask the Cour[ to order the Defendant to pay Damages to me in the
amount of TWENTY FIVE Thousand and FIFTY Dollars Plus all Court and A{torney Fees,
Respectfully submitted,
Joseph C. Carii3inati
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JOSEPH C. CARMINATI, Individually.
Plaintiff
v.
Shane Wivell, Defendant
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 01-5660-Civil
:CiViL DIVISION -LAW
Certificate of Service
I, Joseph C. Carminati, have personally mailed a copy of the ammended complaint to Shane
Wivell, 1101 Myerstou+n Rd. Crardners, Pa.
Respectfully submitted,
seph C. Car~inat~
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O1HB-00119
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
SHANE WIVELL AND
CYNTHIA A. WIVELL,
PLAINTIFFS)
IN THE COURT ®F COMMON PLEAS
CUMBERLAND C®UNTY,PENNSYLVANLI
No. 01-5660 Crv1L
VS.
JOSEPH C. CARMINATI,
~DEFENDANT~
C1vIL ACTION - LAw
JURY TRIAL DEMANDED
PRAECIPE TO ENTER JUDGMENT AND TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly enter judgment in favor of Plaintiffs Shane Wivell and Cynthia Wivell on
Defendant's counterclaim in accordance with the arbitration award entered on April ]l5, 2002.
A copy of the arbitration award is attached hereto as Exhibit "A".
Additionally, kindly mark the Plaintiffs' claims against Defendant Joseph C. Carminati
settled, discontinued and ended.
LAW OFFICES OF 7ACOBS & SABA
Date: May 31, 2002
Girard E. Rickards, Esquire
214 Senate Avenue
Suite 503
Camp Hill, PA 17011
Telephone No. (717) 731-0988
Identification No. 58867
(Attorney for Plaintiffs)
.. `„- .,
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U ~f2 n ~n
OATH
~i:,
In The Cots' `f Cocmion P:Leas of -
Cumberland County, Denns~ylvania
No. ,
We do solemnly swear (or affirm) that we will support, obey and ciefend
the Constitution of the United States and the Const' tioa of t Common-
wealth and that we will discharge the duties of ou~'~~t fi elity.
AWARD
We, the undersigned arbitrators, having been duly appointed and sworn
(or affirmed), make the following award:
(Note: IF damages for
separately stated.)
~Q ~~ Cdr ~~
delay are awarded, they shall be
~[4«'~~~ ~Vl4Ne 1,J1Je~
'~ ~ ~~9~3uT4rt'P IRI~/1 ~2c~-tS Th2 C9K 5~ C(Ct<~~!/l (~JPf2~f-
. Arbitrat
applicable.)
Date of Hearing: 7'~~ ~ Z
Date of Award: ~-C.f OZ
NOTICE OF ENTRY OF AWARD
Now, the /~ day of ~ ~aDOd, at a:Sb , /~RL., the. above
award was entered upon the docket and notice thereof given by mail to the
parties or their attorneys. /~~
Arbitrators' comoeasation to be
paid upon appeal:
$ ~~o.vu
«u~
1 a otT~r honotary
Deputy
O1HB-00119
LAW OFFICES OF JACOBS & SABA
214 Senate Avenue, Suite 503
Camp Hill, PA 17011
Telephone Number: (717) 731-0988
SHANE WIVELL AND
CYNTHIA A. WIVELL,
(PLAINTIFFS)
IN THE COURT ®F COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-5660 CrvtL
VS.
JOSEPH C. CARMINATI,
(DEFENDANT
C1Y1L ACTION - LAw
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
Girard E. Rickards, Esquire, hereby certif-ies that he is the attorney for the Plaintiffs
herein, and that he caused a tme-and correct copy of Praecioe to Enter 7udgrnent ands
Discontinue to be served by regular fast class mail upon:
Joseph C. Carminati
929 Burnthouse Road
Cazlisle, PA 17013
Dated: May 31. 2002
Attorney for Plaintiffs
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