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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 ~~~la/~~ a~/ .,~ ~ ~a O G ~ Q q ~ ~ ~h ^ { 7 ~ G~ _r "';C -<•= -' r, C ',? -. L) ~, "t t'T', I , f ~ J ~G ~~ 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 ~~aS~3 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"° d~ ~~~ ,~~ i~ ~v~ ~~~-~.~Y~ C~~ ~yrv ~l~i~z- ~~~~ wrd~ ~~ ~~n,~q .P-~ sr~~ Vpkrlew~avwrwarvws~~q?rsg YT '~ . - . r „. . 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, ~~\~ WPD:a 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: ~~G~~ 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. ... ~ x 4 ". r ^ ` k,i~,~,: ~~^i~'~,P?~cl ' ~ ti.~,.~ r,(~ 1`a ~~ Hers i~.~r~,-~.~r,~s+~~ __ ~ ~.. fir.-wig ,~..~ ..e~~ e~._w~n-`~"`mr~x ,r~zar~eaar~~wvin~ars~R'~~ 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 I~ C.~ q ; (~' "rC^^~ /-( v l - ` ~~ P~ ~~ C ~ t`=~ _ .sa r~ rY i` `, _"~ ;, ~\% :' ~ •- +7 a- ~ _..u~~~~ ___._ _ _~~sn •-,~• - v •nYaanva~hFr~~3sPaw3Ei4k9i~t~6aA.. 4~!}A~-+9i~, +AS~~. 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 1 ~~~ 3 ~ _ {v ~ i ~~~~ ~- t . T Y ~ . r ~s~ W i:) T _ -~ (:j ~l~ ( 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, ` f - I At ( VJ~i llLC./~ / ~ OSE ...~~ ~ I', / P1/ a[~ cv19 opoa ~fl7-DI LT 19 ~' ~ J 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 l ~~, ~1 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 ~~ 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) C47P~~R(k~WE~i.7bi ~F PF_fdP15Y~.E+~.6VlA ~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. sw~Rn~ {.~~F~Prt=e~} ,a~ar~ st,~sru~le:~~ ~~r-~P~ ~rtF TH#S 79_...__ Sigriatura of c,'fiaisi 8store w;mm affvlavif !was made 7rtkt fl1IIi?7Cial My GbmtMSSiUn axp!rvs On 13~_ Signah.rre of affre.nt `7 F~ s ~ rl ~ '~ ~ rf 1.: 4'l~ '- (((y~~~}.~~_//~~ V ~ - ~~ 1 .i qy~~ N , ~. V + t~ ~ C ` »L. L J "~ \. ~ •_. r ~: 4FL -~C v ~ ~ ~ ~ ~ ~~ ~.. 4 • 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 L J 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 r c ~ .._ (si £ I , y~7~ CG4 iyu I.TC~ rs "4.a r'r2t iha-I"l ~ ~dSt,~r F P// CV 19 d'aOa ~1 fl7 O I LT 19 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 ~:~ C~ ~ "Ls 4°, - ^ri '` r,-it]- ~~ ; -zC= v}:_ c-s~ ,.-, " ,•r " ~ ~; c _ ~s ~ t~ 1 G" cl ~ ~~ Li. _ cr ~!mPy -.. ~ _. 1 7 A' A ~ Postage $ ~ ~~1~ m Certified Fee O Return Receipt Fee ft.~ p (Endorsement Required) ~ Resirictetl Delivery Fee ~.~ ~ (Endorsement Required) O rv a 0 0 co rv ~stmark ..,.si a~..wne & Fees I ~ :•;•9i I ~.+~ 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 } ~- t 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 ' c~ ~- ~=:. .-r rF,~ t, c~ ~.. ~, v`_;',_ ,,,~ ~,. _. - f- :_: ;~ ~: -r C' _`' ~> ;. _> ,a, y '~ >_ ;, ,.® ~en:x-~+.. ..vr:a.~~ imzmmmo. immvn~nee~w S~F:ni~r<.e ! ^'~ nn,= •:.:. .,.~.,~-. ~. ..'m'rnri*14~aa-u~^a'~,';k^Ra"tr~iA~eRxR+VWt1RR ~.~3. .. 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 ~- Dated: October 30, 2001 _ Girard B. Rickards, Bsquire Attorney for Plaintiff ~. ., r} ~: _._ r :: 177 ~-`- Cn _..__. ;,,J __ 2~ C .. _. -y `, ~ -- '°~ .t.. _`~ .a Nmaxmd!?e~n .t~remn~~.rm m~a~im'-Ptevu~m~arz~li'- .FRi9.E!s".'~°'~a .-.~. ,+r:'mrva~jesaisitd,~4?$gWFUi'Mi MPAA~~aF~Wa _ _ i .~ „~ 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 ~'l~~': _ ._~ G~i. s> 7 C''. (; y' ~..1 ^ ~' ` r ~ ` , i7 ~,;x,:~.t. ;rv?r=..+- .ne°?.xt?.rtrtxa3~; pzrvzq ?s.9,p.. 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. /~~~ ~~" kt~ rvv~,,,P,.,( ~-a9.b~ ~p~zvyr~6~ 'L~~i ~ °~~ ~~ ~ Ef i ` x Yli~`HRlASPIN~~, A11Vf1C,,? (7~~?1~-~~~N13 yl3,l-1~~ b-~;~I~ZO At~I1Cry~l~ ,~-Qal13 -pass., ri~MSrmm~rna- s..a~r~w~n, ~~~~.-,mq+ 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 ~~ ~~~' j ~tiY ~ -f l~mu s ~ izb C°-~-.- ~ ~ 5 ~~ ~ >oda tJ -rs- oz C ~ ~~ -- v+ ~ ` r71 r ",7 , ~.Cr `p '' ` '-- Di ~C ,_., -: it =~ .,~ ~~ ~y a ~~ __ x~+xers~s. ~. n. .-~..,~ ~ n~ws~u~'M1&~I~~Y~+43?~rvr<-~ - ."-~, _~ ~.. , _s~,..i~ F .^rc,~sur xiu'im~ 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~ ~~ ~, ,~ -s~, ~ ' ~ ~~ a. ~. s ; -<<_ . ~, ~; - y~; : ,~ ,~ .. .,., •t Q~ 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) .. `„- ., Pla~~~,~ ) ) ) ) Jas~p~ C. ~~~+t~G~," 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 n RR ~ ~ {{ '__ ~ ti ~ ~ ~, • R~ ~, ~ ~~~ ~ y ,; ~ ~. 7 __ _, ~::,