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Home My WebLink About01-06567 - -~?,i C~MOlt.vEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAJ. II. d(j. Of FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. C) 1- (05 G, 7 (' ;,m-O- 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 case mentioned below. NAME Of API"fUANT AIllllESS Of API'EUANT CllY I MAG. D1St NO OR NAME Of OJ, 09-3-02 ST~TE GERRY AND LYNDA HECKENDORN Z1'c",", c/o IRWIN, McKNIGHT & HUGHES, 60 WEST POMFRET STREET, CARLISLE, E>>.llOF NT IN THE CASf OF (Plaintiff) PA 17013-3222 ("'*'-J OCTOBER 22, 2001 NQ DIANE ADAMS vs. GERRY AND LYNDA HECKENDORN JrNEY'llPi'tJ . mt&R, 'f~ If appellant was CLAIMANT (see Pa, R.GP .JP, No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL CV 0000149-01 LT This block will be signed ONLY when this notation is required under Pc. R.CP JP, No. 1008&. This Notice of Appeal, when received by the Disllict Justice, will operote as a SUPERSEDEAS ta the judgment far possessian in this case. Of \ D Signature of Prothono/alY or Deputy PRAECIPE TO EN'IJ'ER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fonn to be used ONLY when appellant was DEFENDANT (see Pa. HCP,JP, No, 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary EnIet rule upon DIANE ADAMS, 624 THRUSH COURT, MECHANICSBURG, PA ,appellee{s), to file 0 complaint in this oppeal Name of awe//ee(s) 17055 (Common Pleas No. i2J - ('110 Co 7 CJvv I ) within twenty (20) days 0 vice of rule 01 suffer enlty of '~ent of non pros. RULE: To DIANE ADAMS Name of ~s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by petsonal service 01 by certified 01 registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOu. (3) The date of service of this rule if service was by mail is the date of ~ d DateJh~()-(j1 ,"_, lM~ fA \b~ COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-~O --"'- f , PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FilE COMPLAINT (This proof of MUST BE WITHIN TEN (10) DAYS AFTER fiiing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF_~___ . .____._, Sa AFFIDAVIT: I hereby swear or affirm that I served a copy ollho Nollce oj Appeal, Common No, ____________, upon tile Jusilce designated therein on (date of servicei____ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, upo~ the appellee, m__'~_ _.~___ ___ .m__________~, on ______,______ 0 by personai service 0 by (certified) (registered) mail, sender's receipt attached hereto, o and further that i served Ihe Ruie to File a Complaint accompanying the above Notice of Appeal upon the appellee(e) to whom th," Rule was addressed 011______, 0 by personal service 0 by (cerlified) (registered) mail, receipt (AFFIRMEIJ\ , . SUBSCR!BED ME TH!S 'ii/?Eft3.C!V commission on ~ ~\J "\Fh-, - tt ..:5 0- .8 ~ -0 , ~ ~. Y7 ~ 0 CI ~ C "U~ Z 7;~:-n C> ~n; ""'" :rJ ~~ N ?36 0 .<'.... j L- ~::la. ~C) v ;T':B ~8 :Ji: ()() :;"':::rn :t>c .c- O Z ~ =! ro ::0 -< cE ;4 G ,v -=:;::: C"-,. ,::r.::: N'Y-C li')( :' ,,--€~. ..4 ::::>,_ '-.,1 --, , .- -, - "" 1.'~""',Jo~..- .~-" -::~~,&~;J""",'-3-;,'c" ~ ~ · COMMONWEALTH OF PENNSYLVANIA . COUNTY OF: CUMBERLAND Mag. Dlst. No,; 09-3-02 NOTICE OF JUlDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS 'ADAMS, DIANE --, 624 THRUSH CT. MECHANICSBURG, PA 17055 L ~ oJ Name: Hon. HELEN B. SHULENBERGER Add",,; P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA Tel,phoo" (717) 776-3187 17241 DEFENDANT: 'HECKENDORN, 3900 WALNUT HARRISBURG, L Docket No,: CV- 0000149 - 01 Date Filed: 9/26/01 VS. ATTORNEY DEF PRIVATE : ATTY. DOUGLAS MILLER 60 W. POMFRET ST. CARLISLE, PA 17013 NAME and ADDRESS GERRY, ET AL. STREET PA 17109--222 --, ~ .., ,: :."'_."'-~ ",I _. ",: in the amount of $ q1q 1q on: (Date of Judgment) (Date & Time) (") C) 0 c -p ..," z ~tJ; 0 m~n """-::: Z1..re'l - ~s;: N '-' ., ~' ('c , ~.j t:::: ,.; -u -j- -n z(",> ..' ::;?~;..) :;;0 ,t:"' '-'j" . 1 nli~ 1/\1 ~:! "::< ::0 ("..} -< THIS IS TO NOTIFY YOU THAT: Judgment: [i] Judgment was entered for: (Name) [i] Judgment was entered against: (Name) FOR PLATNTIFF anaMA, nTa'NR H1;:1"'.K'RNnORN, r.RRRY o Defendants are jointly and severally liable, o Damages will be assessed on: O Amount of Judgment Subject to AttachmenVAct 5 of 1996 $ Amount of Judgment ... $ . .853.69 Judgment Costs $ 65.50 Interest on Judgment $ .00 Attorney Fees / $ .00 Total $ 919.19 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ o This case dismissed without prejudice. o Levy is stayed for days or 0 generally stayed, o Objection to levy has been filed and hearing will be held: Date: Place: Time: ANY PARTY HASTHE.R. I,.G.HTTO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEA,L WITH TH~ PROTHONOT ARY/CLERK OFTHE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. . .I~~a-D t. Date ". , District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date' , , District Justice My commission expires first Monday of January, AOPC 315,99 2006 SEAL " . -'-~~ ~~ , · COMMONWEALTH OF PENNSYLVANIA - COUNTY OF: CUMBERLAND Mag. Olst No.: 09-3-02 OJ Name: Hon. HELEN B. SHULElIlBERGER Add'"'' P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA T""hoo" (717) 776-3187 17241 ATTORNEY DEF PRIVATE : ATTY. DOUGLAS MILLER 60 W. POMFRET ST. CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: 00 Judgment was entered for: (Name) 00 Judgment was entered against: (Name) .' ,~.l c,., ii'Jli;;~~m>wJ"~ ~,~ NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME aod ADDRESS IAnAMS, DIANE I 624 THRUSH CT. MECHANICSBURG, PA 17055 L ~ VS, NAME and ADDRESS GERRY, ET AL. STREET PA 17109--222 DEFENDANT: 'HECKENDORN , 3900 WALNUT HARRISBURG, L Docket No,: CV- 0000149 - 01 Date Filed: 9/26/01 I ~ FOR PT,IlIN'I'TFF a.na.N'~. nTa.'tJR in the amount of $ HR('!IrRNTlORN, T.VNnll q 1 q 1 q on: o Defendants are jointly and severally liable, o Damages will be assessed on: o This case dismissed without prejudice. O Amount of Judgment Subject to Attachment/Act 5 of 1996 $ o Levy is stayed for days or 0 generally stayed, o Objection to ievy has been filed and hearing will be held: Date: Place: Time: (Date of Judgment) (Date & Time) 10/22/01 , Amount of Judgment $ 853.69 Judgment Costs $ 65.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 919.19 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ANY PARTY HASTHE. RI~HT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOT ARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. . ID~;),~,() l Date ;" I , District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, AOPC 31 S-99 , District Justice 2006 SEAL COMIIIlONY,lEALT/lOf:'E~NSYLVANIA '. NO'fI~OF APPEAL .. C~~OFtOMMoIU(EAS 1/. ;;)(j. 0 ( . FROM . DISTRICT JUSlICE .JUDGMENT COMIIIlONPLEA$ No. .()V - fP5 G,7 ~Q NOTICE OF APPEAL Notice is lliventhat the aPj>ellant has filed in the above Court of Comman Pleas an appeal/rom the judllm~t rendered by the District Justice on the date and in the: casemenlionea below. J~PICIAL DiISTRICT , - NAMf~APf'EUANr . GERRY AlID LYImll. $CQNnOilN ADDR Of APPELlANT cry C/O Ill.WIliI. McDTIGBT & HUGHE,S. 60 WEST POMFRET STREET. DATE Of.u>GMENT IN THE CASE Of- (Plaintiff) I MN:;, D1St NO. OR. NAME OF OJ. .. ml-3-02 STATE ZP CODE CARLISLE. l'A 17013-3222 I DeIood<W) OCTOBER 22. 2001 ClAIM DIANE .ADAMS 5IG GElRY All!) LYNDA JIECDlIOORN NfY~;'Nr .Ix~~ If appellant was CLAIMANT (see Pa, R.GP,J.P. No, 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. CV 0000149-01 LT This black will be' signed ONLY when this notation is required under Po. R.c.PJP. No.. 1008B. This Notice of Appeal, when recei~ by the District Justice, will operate as a SUPERSEDEAS", the judgment far possession in this case. i ( ~\~ 0S,v PRAECIPE TO. E~, RU .' ILE COMPLAINT AND RULE TO FILE (This section of form iobe used ONLY when ;ppe~ FENDANT (see Pa. HCP.JP. No, 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice otappeaTlo be served upon appellee), PRAECIPE: To Prothonotary Enter rule upon DIAlfE ADAMS, 624 TIllUJSB: COUllT. DCHAJI1CSBURG. Pol ,appellee(s), to file a complaint in this'appeal Name of awe/lee/sl 17055 (Common Pleas No: -aJ- (~6 &7 Cfv~1 ) within twenty (20) days a vice of rule or suffer entry of judent of non pro~ RULE: To UCUNl$' .AlWIS ., Nsme of appe//f>e(sl , appellee(s), (1) You are notified that a rule is hereby entered upon you to file a,comptoint in this appeal within twenly (20) days after the date of service of this rule uPon you by personal service or by certified or registered mail, (2) If you do not file " complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by moil is the date of ma~ d Date: II~(') -(jl ,",-, ~ lA )~kof~. SigIaIute 01 COURT FILE AOPC 312-90 "!~I,~I~t*b;:;?,~;_"~~,:,~,:;j"i4~~i"':;hl!il'~t1;:l~.J!"i1l~;~''';f~:'~l:!~";'~:~:':I-*'''-:'''~':<~''~'~''''9-.'~'f(j'i''i''H~~"f:l7J~~~J~*7~_~.~""""'i',,,":~l'J:lL~ti'~~~I!lli~~~~iWi":T.:"~:w~~~rn 1 ,.. :i1~i, . . PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proal 01 service MUST FILED WITI1IN TEN (10) DAYS AFTER filing the notice at appeal, Check applicable boxes) COMMONWEAl.TH OF PENNSYl.VA"lIA COllNTY OF ,g_l]J,!BER[~Ml])_,___ _ ,_r S5 AFFIDAVIT: I hereby swear or affirm that I served I!I a copy 01 the Notice ot Appeal, Common Pleas No. 1-6567 Civil upon the District Justice designated therein on (date 01 service) ___l'?:v:"mber ~~'-_ 2OQJ__,__. 0 by personal service [1g by (certified) (registered) mail, sender's receipt attached hereto, and upon the appeliee, (name) _~._._Jli-ane ._Adams _______ _____________, on jlToY_"IIlQer 28,_, 2j)JLL,._ 0 by personal service IKJ by (certllied) (registered) mail, sender's receipt attached hereto, IX] and further that I served the Rule to File a Complaint accompanying the above Notice at Appeal upon the appellee(s) to whom the Rule was addressed on ......Jiove]ll1:>.~"'---I(!,_ ..2001_ ,__.. 0 by personal service 129 by (certified) (registered) mail, sender's receipt attached hereto, SWJRN (AFFIRMED) j~NO SUBSCRiBED BEFORE ME THIS .)lLA--......- Signature oi alfiani comrnisslon 0;, Notarial Seal Martha L Noe~ Notary Public --CadlslaBo!OrCumberland County My Commission Expires Sept. 1 B, 2003 Member, Permsylvanla Association of Notaries (:::) C U-~ ~ , +- -otp - 9'" ~'g} t (' )( ~~ .., r:'O .... :.::: *' U) ~ ~o r ~ ~2. ~ -- -;' J 3~ ~ · u.l ~ \ 0: <; ~ UIII -,- .L. . . .. .... , .." ....H,_" ..., - -~ ,. -~,." "'"""~~- ~~,,--. - ,- ~-- "1", '^.~' . "",,- '''''' ,,,-,,,,,,- '~~'-"""~ - .;:"";,), ~:i>.-_;~;,;,jiI";;;<~,':"-k,,--"yi""-',:"hh,";':.L;1ii<$,);:"'--jj';">,,,,j,'<,;;:"',<' ,,,+,<__ _"'--'. _~ , '~';';;~}~I ~ =r- II"' ru "_ ':. d ADAMS v. BECKELmORN NOTICE OF APPEAL ~ II"' II"' =r- Postage $ ,?:,~ ~. \0 \.$0 Postmark Here Certified,Fee .., r"f C c- Return Receipt Fee (Endorsement R~qui(ed) Restricted Delivery'Fee (Endorsement Required) Total Postage & Fees $ 3,'14 c o =r- m Recipient~ Name (Please Print Clearly) (to be completed by mailer) HQNJJE:!.EN.B .SRULENB'EllGER tr -St;eet;AP-Cfi9.;-O-"-p(TBox"'~io:...dn_-,n-----.."O-.---~-;....._____.______nnu...._"_ g; -C~-S2i,;,~tP,$-L--.-~LJL!!J!L~~;RJN!LA~.'m------- ~ NEWVILLE PA 172 ... . mpr~t;nl;;h';S1:2:.andiAis:;ciimplete ilt$m 4 if Restricted Delivery is desired. .- Plint your name and address on the reverse ~ that we can return the card to you. . A!tach this card to the back of the mail piece, \~ on the front if space permits. 1. ~icle Addressed to: ~ON'mn.. 'EII_. s:r", .... ...~U POBOX')D 27 W BIG 'lUNG .' NEWVILLE l'A 17241 NOV 27 , M .'~ J.. ,/1 ~ \llGgent I I L{ c..I't.aQJb 0 Addres D. Is,delivery address different from item 1? Cl Yes If YES, enter delivery address below: "fll No ~~ IRWIN, McKNIGHl o Express Mail 1m Return Receipt for Marchandi" [] .C;O.D. ,I;J yeS 2. Article ~u'!'fTrl(Cffn'TT servi"!' Ja~e1)1 . Pii!'i'Q""ilflt .1. 17otl/lli4Qd. .gijl&l 4a9llli94t !! it - " . ._~ : B!ilm8eIie'MymAu. ' ,._~ ....;,< .~ -- ~ ,-,,' ~~-""~"" "" ,--~,~~<, "- ~I;-,,","-" ~""'_',_,.'~ '< ,,_,2. :J~,'c' - --~, ;:..;,,,,: '\-li..:dS;;;;,;.,:,';;,j;;i-j;''-,~';i,;?~'ik_'-'~~,d",k(~t.,.;:~""",;:,:",,/.>;;, --'A"~ ;or Ul IT" ru v. l"- IT" IT" ;or Postage $ HECKENDORN NOTICE. OF APPEAL .31.\ 1, \0 \.,50 Postmark ""e Certified Fee Return Receipt Fee IQ (Endorsement Required) .... CJ CJ Aestrict9d'Deliyery Fee (Endorsement Required) Total Postage &' Fees, $ ".3,1:\1.\ q CJ .::r- Recipient's Name (pleas(i! Print Clearly) (to 6e completed by mailer) m MSDIANE Al1AHS . . -St;eet~'Api7\Jo';~9;~PfrBox~No.-u...nnn.mmu.--mnmm.u.""e__mnnnuu._ 0- 624 THRUSH :;COlJRT ~ .Cit;:State,7Z;p:;;r-...nnnm.um..._nnnmmu..nnnnnuu..uu.mnmnnu l"- effl, eteWemst, 2;ilndS:Als6'domplet,,' ,Iem 4' if 'Rest,ricted Deli~ry Is desired. .<~i'int y,ou'r' n~e and address on the reverse --'0 _that-we' can- return the card to you. ...~llach this careno the back of.the mail piece, ~r on the front'if-space permIts. 1,. ArticleAddressed to: D. Is delivery, address different from item 1? ,If YES, enter delivery address below: 'MSDIA'NB :ADAMS 6.24'.$H C6lJRT MECHAN'iit!l~BuRG pA 17055 3. Service Type III Certified Mail 0 Express Mail o Registered 1m Return Rer;::elpt for MerchandllJe o Insured Mail. 0 'C.O.P. 4. Restrict~d Delivery? (Extra Fee) 0 Yes .2,ArtICle"jbejfoPj'"j'nSe!Vi'ji/4,Q!. J lP~9 ~40PlI"llm ~~~7 i2'1~j\j Ii , _.' ...... .orm.......:~. .:<;...l..[,(.........."..'~,-~~-'.';,:_. ,:, , no" _".. .;... """" m ~""'.il~i$\i>i ,_~""_ .-.,' ,1- _" - ,'0 :~~iBt'tr~-""';i.^'='_"i\:~~~,J.;; r :~~llt,a~1.~ '''->_',n''^ '-.it': "<'~l r"_ ::O:."s- Bi I; ''''',', . ~ ^,<,~~~" ~ .. -M"""'W_'~"< ''''-'-'''' ,"".-,.-,-'''"' " , ,,~ ,"-~ "_i'o. ... "" '" , ~ --~" . , '~' , , ,~- '""" (), 9 '-, 't);) -- ~C' ~~; ::t-. ? r "',,,. ~ (/) -< ..., L c:::' ~. -"; (,.:J ~g r t.l 3 - - ~ 1-'" 1':) -- EL t!" ~ .c. U't _~"~ w,"~ ~. ..,. - ';~" ~~'_~~"'~'""",""IIl"i1""'rw.:JJ""""=<",,~-..l.i'_'"'--"" ~~ ~ ,~= .-L "'~~. ~,,' .' . ~ ".~ - , I, " c_ L\.:1M..,;w~~~~,,; .cOMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND OI--&5Vt (I.,'v,1 CIVIL COMPLAINT 09-3-02 PLAINTIFF: NAME ar1d ADDRESS " . A...l- DI'c;\ne L, UG<V1'G "24 T"rw~ Ct, L Mechan;c:;bLJrg. PA 170.50-209\ VS. DEFENDANT: NAME and ADDRESS '&rry Cl~ Lynda Heckerdorf""\ 3900 Wa.lnub -5+. L Har,...isbu....S. 'PA Ill09-222e I Mag. Dist. No.: OJ Name: Hon. HELEN B. SHULENBERGER Add"" P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA 17241 TeI"h"", (717)776-3187 -1 I -1 Docket No,: Date Filed: AMOUNT FILING COSTS $ =fi SERVING COSTS $ .' TOTAL $ , DATE PAID / / / / '1Gl(O/O I , TO THE DEFENDANT: The above named plaintiff(s) asks jUdgment against you for $ 1707. ~ together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated): D~rf\age to Spzt while deferdads r-ente.cl my house, I, Diane. L, Acl2lms verify that the fa.cts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA, C,S, ~ 4904) related to unsworn falsification to autho" Plaintiff's Attorney: Address: Telephone: IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER, YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE, UNLESS YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT, if you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to assert arthe hearing, you must file it on a complaint form at this office at least five (5) days before the date set for the hearing, If you have a claim against the plaintiff which is not within district justice jurisdiction, you may request information from this office as to the procedures you may follow, If you are disabled and require assistance, please contact the Magisterial District office at the address above. AOPC 308A-98 ~.---.. ~...... 0-1..,"_ _ r- .,j - -JiM! il_~'--"'''--~' i-,,,"" '''(1!f'f]~~;l''~' COMMONWEALTH OF PENNSYLVANIA 'COONTY OF: CUMBERLAND 09-3-02 NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME ,"d ADDRESS IAoAMS, DIANE -I 624 THRUSH CT. MECHANICSBURG, PA 17055 L ..J VS. DEFENDANT: NAME and ADDRESS 'HECKENDORN, GERRY, ET AL. 3900 WALNUT STREET HARRISBURG, PA 17109--222 L I Mag. Disl. No.: OJ Name: Hon. HELEN B. SHULENBERGER Add,." P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA T"'ph"" (717) 776 - 3187 17241 HELEN B. SHULENBERGER P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA 17241 _, Docket No,: CV-0000149-01 Date Filed: 9/26/01 THIS IS TO NOTIFY YOU THAT: Judgment: [i] Judgment was entered for: (Name) [i] Judgment was entered against: (Name) FOR PI.AIN'I'IFF IInllMll nTIINR . HRC"ll'RNTlORlIT, T.Vl\lnA in the amount of $ Q1Q 1Q on: (Date of Judgment) 10/22/01 . . D Defendants are jointiy and severally liable, D Damages will be assessed on: (Date & Time) D Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Amount of Judgment $ 853.69 Judgment Costs $ 65.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 919.19 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ D This case dismissed without prejudice, D D Levy is stayed for days or D 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 FILING A NOTICE OF APPEAL WITH THE PROTHONOT ARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. I 0 - J., 0\ ---0 { Date ;: , District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice My commission expires first Monday of January, AOPC 315-99 2006 SEAL toN -- ~I~ ,.. , j . I ~"rl . ~ .-,- t:di~te- . COMMONWEALTH OF PENNSYLVANIA . CO'uNTY OF: CUMBERLAND 09-3-02 NOTICE OF JUIDGMENTITRANSCRIPl PLAINTIFF: CIVIL CASE NAME and ADDRESS 'ADAMS, DIANE 624 THRUSH CT. MECHANICSBURG, PA 17055 L Mag, Dist. No.: OJ Name: Hon. HELEN B. SHULENBERGER Add,,,,, P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA T".phO",' (717) 776-3187 17241 DEFENDANT: 'HECKENDORN , 3900 WALNUT HARRISBURG, L Docket No,: CV-0000149-01 Date Filed: 9/26/01 VS. NAME and ADDRESS GERRY, ET AL. STREET PA 17109--222 HELEN B. SHULENBERGER P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA 17241 THIS IS TO NOTIFY YOU THAT: Judgment: [iJ Judgment was entered for: (Name) [iJ Judgment was entered against: (Name) FOR PI.A TNTIFF An~MR nTa."PtTR , HR~KRNTIORN, aRRRY in the amount of $ q 1 q 1 q on: (Date of Judgment) 10/22/01 . . D Defendants are jointly and severally liable, D Damages will be assessed on: (Date & Time) Amount of Judgment Subject to AttachmenVAct 5 of 1996 $ Amount of Judgment $ 853.69 Judgment Costs $ 65.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 919.19 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ D This case dismissed without prejudice, D D D Levy is stayed for days or D generally stayed, Objection to levy has been filed and hearing wili be held: Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. IO-d-dx/O L Date , District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice My commission expires first Monday of January, AOpe 315,99 2006 SEAL i!i; f. - ~~ ~ L . ,l l' ~- hIl,.lk.. ~"'~~~-bo",t~"'J>;H -, DIANE ADAMS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v, : CIVIL ACTION - LAW GERRY AND LYNDA HECKENDORN, Defendants : NO, 01-6567 CIVIL TERM NOTICE YOU HA VB BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following Complaint, 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 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 Phone: (717) 249-3166 , - .-1 .~-.. ~- - L ~ ~~iE;~i.j.~;i DIANE ADAMS, Plaintiff v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CML ACTION - LAW GERRY AND LYNDA HECKENDORN, Defendants ; NO, 01-6567 CML TERM COMPLAINT Diane Adams, by and through her attorney, THE LAW OFFICES OF PAUL BRADFORD ORR, Paul Bradford Orr, Esquire, claims damages ofthe Defendants upon a cause of action of which the following is a statement: 1, Plaintiff, Diane Adams, adult individual and citizen ofthe Commonwealth of Pennsylvania, who reside at 624 Thrush Court, Mechanicsburg, Cumberland County, Pennsylvania. 2, Defendants, Gerry and Lynda Heckendorn, are husband and wife, adult individuals and citizens of the Commonwealth of Pennsylvania who reside at 3900 Walnut Street, Harrisburg, Dauphin County, Pennsylvania, 3. Property in question is located at 91 West Main Street, Plainfield, Cumberland County, Pennsylvania, 4, The facts and occurrences hereinafter related took place between June 1997 and April 2001. 5. Plaintiff owned the property located at 91 West Main Street, Plainfield, Cumberland County, Pennsylvania, along with the hot tub that was located on the property. 6, Said hot tub was installed approximately 20 years ago, and has not caused any problems in that time. 7. Defendants began to rent the property on which the hot tub is located in June of 1997. 8. When the Defendants approached the Plaintiff regarding renting the property, the Plaintiff : ~ . " ~ I -, ~-" I~~- lWiil ' -, ." '~_~.".. t ", ,-"'. 11.t\:, explained that the hot tub needed special care (testing the water, adding chemicals, and setting up the filtering system), and that if they were not able to take care of it properly to let her know and she will take care of it. 9. The Defendants assured the Plaintiff, saying that they had a pool in the past, that they knew how to take care of it. 10. Approximately August of 1997, the Defendants contacted the Plaintiff and informed her that the blower pump in the hot tub was not functioning properly. Since the hot tub was old, the Plaintiff replaced the pump and allowed the Defendant to install it. 11, Not long afterwards, the Defendants contacted the Plaintiff again this time stating that the pump motor was not functioning properly, The Defendants also stated that they would no longer be using the hot tub because of the electric expense, 12. Since the Defendants were no longer using the hot tub, the Plaintiff requested that they drain it and release the water that was held in the lower components of the filtering system. The Defendants subsequently assured her that they would take care of it. 13. In February of200 1, the Plaintiff informed the Defendants that she was thinking of selling the property, The Defendants were thinking of purchasing the property, but didn't. At the walk through, the Plaintiff noticed ice laying on the bottom of the hot tub, which signaled to her that they did not in fact drain it like she had requested. 14. The Defendant's vacated the property in April of2001. 15. Subsequent to the Defendants vacating the premises, the Plaintiff cleaned the hot tub and tried to fill it when she noticed that it was not functioning properly. 16. After calling a repairman, she found that there were covers removed from the wiring " ~~ }i"..AlIl j 'i~ ~"'~"';;j-<'l~'Ajjf" harness and left lying on the ground, the GFCI switch had been pulled apart and was dangling by the wires, as was the light, and the switch, pump motor, and timer now showed extensive rust and corroSIOn. 17. Since the Defendants had not drained the hot tub like the Plaintiff had requested, the water froze in the chamber, expanded, and snapped the unit off of the filter. 18. As a result of the aforesaid incidents, Plaintiff was forced to replace a blower pump, a pump motor, GFCI plug, electric lite switch, air buttons, filter, lite pigtail, pump, spa cover, pressure switch, bromine, heater element, heater manifold, gasket current collector, thread bushing, heat lite indicator, thermostat, other items, shipping costs, and labor costs, COUNT I-NEGLIGENCE 19. Plaintiff incorporates by reference the allegations set forth in paragraphs one through eighteen above inclusive as though the same were fully set forth as length herein. 20. All of the resultant losses and damages sustained by the Plaintiff resulted directly and proximately from the reckless, wanton or negligent conduct of the Defendants in the following particulars: (a) failing to comply with the Plaintiffs requests; (b) failing to properly install the new pump; ( c) failing to properly drain the hot tub and its components; (d) such other negligence which may be discovered at a later date, 2 L As a direct and proximate result of the reckless, wanton or negligent conduct of the Defendants, Plaintiff suffered damages as set forth in paragraph eighteen. - "~ ~~~ "- ~ - ....... I.. ~ "'- " , , --'""""""",~il#J'g::',':'J"''''-' WHEREFORE, Plaintiff demands judgment against Defendants in an amount in excess of $1,707,00, Respectfully Submitted, u.re. l~ Il\~ 0 \ OFFICES OF PAUL BRADFORD ORR ~ Paul Brad or Orr, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258.8558 Supreme Court ill No, 71786 ,~. '.~ ~ ~,._i . ~ . ~_ r I " -~"1lI J ~o,..:-i.1E",,,,,,,,,,-"-,--i, Attorney Verification I verifY that the statements made in the foregoing document are true and correct. Some of the information may be known to me, but not to my client. I understand that tidse statements herein are made subject to the penalties of Pa. C.S, ~ 4904, relating to unsworn falsification to authorities, DATE: 0/40 Paul Bradford Orr, Esquire -1',="" - -~~~ " .L_ I _, ~,,~ -'t~- "~~~~"""",.:'0Md" DIANE ADAMS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v, : CML ACTION - LAW GERRY AND LYNDA HECKENDORN, Defendants : NO, 01-6567 CML TERM CERTIFICATE OF SERVICE , I hereby certify that on this date, bee.- ~001, I mailed a copy of the Complaint as captioned above to the following person at the following address by U. S, Mail, postage prepaid, certified mail, return receipt requested to: Douglas G, Miller, Esquire Irwin McKnight & Hughes West Pomfret Professional Building 60 West Pomfret Street Cm~rJ' ) ^^'- ~~rf':"''';-'''''Mm~'~l'!!JM.l-iai~H'ill'M~~_~'~"*~cl~ili~'' ~,,!,,:~,'_,,';,",i',i:,"',i,',~,,; "'''';'''_^:_';Z''O\~~H':Ufn&-j~~~~MjliwetEiww,~^,~~'iU~~f~d."l~~f.Mt.i,~gO';Q'1i!!MiMilfl"'~ .- ro 0, - 9 C) '---) - ~ c \7 ,. co -"-.. ~ tn r ~F . (' () 0 ""--- rc-- ~-c -l: -, -<: r c~ ~ d.:--::("- -:!':J "":,,,-" '" >~ ~~= ~, ~ ~ "'-l -_11 :5::- <J) ~-< tj;'J .-< OQ .! "=,, ~ ", _'II!IIIiIl~ . I, . " -, ",1. ,'C...i',"", ~ ',".. . , .. 'U' :Hb.lil1r!llfi1~Ll';t< ,.. " DIANE ADAMS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW GERRY AND LYNDA HECKENDORN, Defendant : NO, 01-6567 CIVIL 2001 TO: GERRY AND LYNDA HECKENDORN DATE OF NOTICE: January 22, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN TillS CASE, UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF TillS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE TillS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator, Fourth Floor Cumberland County Court House Carlisle, P A 17013 Phone: (717) 240,6200 Paul Bradford Orr 50 East High Street Carlisle, P A 17013 (717) 258-8558 i;:'~::;,j><",<- ~of:" ,~," .--"'''-li\li(' ~o ' h,>..",^ ~~,~,_ ..... ':-1' ""=-;.l.;'Idi~~~~~~'~ -'ftO'-i..ik.."",,~,...~."'~"- . '~~-' ". --- ",~-~,,- "." "''''''. _...~'~w " - I8IZf: " ... () c:> b c: N -'(1 s:: <- -a.OJ ;J:~ .'-j"'; rnrn :;:e: \~ 2::D N 0"",,'1'1 2' S~ ~~: ~Z 1'0 0 -0 .-,---'" '< ?'5:JJ ~Q - -~ 'iO =0 - Om :Pc: ., -'-\ ~ N 35 \D -< -- J -1 lliiiilr.;,,<H,,,,,,,,""," ...~ '" DIANE ADAMS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v, : CIVIL ACTION - LAW GERRY AND LYNDA HECKENDORN, Defendant : NO, 01-6567 CIVIL 2001 CERTIFICATE OF SERVICE I hereby certifY that on this date, January 22, 2002, I mailed a true copy of Default Notice to the following person at the following address by D.S, First Class Mail: Douglas G, Miller, Esquire Irwin McKnight & Hughes West Pomfret Professional Building 60 West Pomfret Stre Carlisle, P A 17013 Date: I f 10 t/ ~ ----- c JI ....". 'l";.\}"'~,'--;'VO-;-.(M'-"!l'h-. '''''r'~,;,''''-''';~-f''''''e-' ''"''lllililllIlC d. ;l-~~:lM.~iilllti;\\!iil~"liW'Wr""'''''w- " i '~.' ",'" ~~,,~, "..~,c",,,,._"-'.1""_~,;_""",,,"'<,,,"~~_ ",_, i " , -,..~, ~ ~, ........... , ~, . __"'~ c"'C,,"',-,",,V ,~, " o <::: s:: lJQJ 52m z:JJ rAC- VJ 0-' ::<::::.' ~C:) )> ZO 5>0 ~ ::;t , - ry N m .",,--" <:::> N <:... ~ ;;;:: ;\J .;;- o -r1 .:::i F~:J] ~ J ,n :,'~-;~ ,~~~: Fi:D ...:s;.:C) c:> r'n ~ -D -< -0 :::;g: _M '""'_0_= ,---- _"" , _",_ ~~ _~. __ - . __ - , '__n' C"'''"_ -,' &^~--~,~, ' ,',,,--' --- ~-" ~v - .,,.,,''''-.-_','m_'~' ok, ,I" /<, ",_c.~~o.,,,,, ",",,;"'_',~i;,,'-jp;O;;<F ,,~-,;;,:;;:,^); "--'0'- """'. ,--- l-_~'':: DIANE ADAMS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001 - 6567 CML TERM GERRY and LYNDA HECKENDORN Defendants CML ACTION - LAW NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you, IRWIN, McKNIGHT & HUGHES as . Miller, Esquire Supreme ourt LD, No, 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendants Date: February ~, 2002 1 ,~~,,~ _<r_~ ~ - ~ ~--~ ~ ',<- ~~ ,-,', ;,., 1',-. -,-, "'".0' '':,,"''''- 'I_"--\,;";-,,,,~;--;":,--,,,,",:- "~">,',:';,;~~j-%~"\,,,:@~;-,;,,,;,,;:, '-' " ""~iii L:'~<,,_: DIANE ADAMS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001 - 6567 CIVIL TERM GERRY and LYNDA HECKENDORN Defendants CIVIL ACTION - LAW DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW this ---!d!!::-- day of February, 2002, come the Defendants, GERRY and LYNDA HECKENDORN, by and through their attorneys, Irwin, McKnight & Hughes, and respectfully file this Answer with New Matter to the Plaintiff's Complaint, and in support thereof aver as follows: l. The averments of fact contained in paragraph one (I) of the Plaintiff's Complaint are admitted. 2. The averments of fact contained in paragraph two (2) are admitted, 3, The averments of fact contained in paragraph three (3) are admitted. 4, The averments of fact contained in paragraph four (4) are specifically denied and strict proof thereof is demanded at triaL 5. The averments contained in paragraph five (5) are admitted, <, ,~" " . ~ .,?-J(!: ".".,--'"'.- ',- "_" "'.'" I,--~"'""",_, ~'"'' ,,",'~-" -c_b_ '"'L~:--' '",,-,-,<-';" '1-<-' ";';-,,1--~,,,j,i_-',;, -"",,,,,"':'-'b;,;,",>_,;,,,'.G.o,'d-,j,,o;,:',.-:'-~,,-, "', ifi~'j'~:;,_i 6, Upon information and belief, it is admitted that the hot tub was installed approximately 20 years ago, After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining averments contained in paragraph six (6) so they are therefore specifically denied and strict proof thereof is demanded at trial. 7, The averments contained in paragraph seven (7) are admitted. 8. The averments contained in paragraph eight (8) are admitted in part and denied in part, It is admitted that the parties had a conversation concerning the hot tub, The remaining averments are specifically denied and strict proof thereof is demanded at trial, 9, The averments of fact contained in paragraph nine (9) are admitted in part and denied in part, It is admitted that the parties had a conversation concerning the hot tub, The remaining averments are specifically denied and strict proof thereof is demanded at trial, 10, The averments of fact contained in paragraph ten (10) are admitted in part and denied in part. It is admitted that Defendants contacted Plaintiff to inform her that the hot tub was not functioning properly, and that Defendants received oral permission from Plaintiff to install the blower pump. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining averments contained in paragraph ten (10) so they are therefore specifically denied and strict proof thereof is demanded at triaL II, The averments of fact contained in paragraph eleven (II) are admitted in part and denied in part. It is admitted that Defendants contacted Plaintiff to inform her that the hot tub 2 ~~ > --,---~->-" '_'0_""""--' "=,"~~',"" "he",. :: was again not functioning properly, It is also admitted that Defendants rarely used the hot tub because it did not function properly and increased their electric expense, The remaining averments contained in paragraph eleven (II) are specifically denied and strict proof thereof is demanded at trial, 12. The averments of fact contained in paragraph twelve (12) are specifically denied and strict proof thereof is demanded at trial. 13. The averments contained in paragraph thirteen (13) are denied as stated. It is admitted that Defendants had considered purchasing the property from Plaintiff, After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining averments contained in paragraph thirteen (13) so they are therefore specifically denied and strict proof thereof is demanded at trial. 14, The averments contained in paragraph fourteen (14) are admitted. 15. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of fact contained in paragraph fifteen (15) so they are therefore specifically denied and strict proof thereof is demanded at trial. 16. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of fact contained in paragraph sixteen (16) so they are therefore specifically denied and strict proof thereof is demanded at trial. 3 ;"" ,= - --~~ -.,- ~<'~~/'.Q,",,,,~,,,,,,"~,=~,,__.,,-,,,<,~,,,,,,,,o,_~, ,,~ ~' h -~"^',->_.' , C ,,~~_--:; .:~~<;itt{~ 17, The averments contained in paragraph seventeen (17) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 18. The averments contained in paragraph eighteen (18) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendants Gerry and Lynda Heckendorn, respectfully request this Honorable Court to enter a judgment in their favor and against Plaintiff in this matter, Diane Adams, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. COUNT I - NEGLIGENCE 19, The averments of fact contained in the Defendants' Answers above are hereby incorporated by reference as if fully set forth below, 20. The averments contained in paragraph twenty (20) and all of its subparts are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 21. The averments contained in paragraph twenty-one (21) and all of its subparts are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 4 -1: " " , - -,-- -~' - "-,,' '" ,.. , ,,".e,; ,"""'----~,,',~';,_'__"'AIfiJ'"',.H: ,,"~',>>;r,,'~-~;';;" '" -'-':"2:: c Y.,-- ~,~ 'll " ',:<~~~,: WHEREFORE, Defendants Gerry and Lynda Heckendorn, respectfully request this Honorable Court to enter a judgment in their favor and against Plaintiff in this matter, Diane Adams, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. NEW MATTER 22, The averments of fact contained in the Answers to the Complaint are hereby incorporated by reference and are made part ofthis New Matter to the Complaint of the Plaintiff. 23, Prior to the time that Defendants rented the property located at 91 West Main Street, Plainfield, Cumberland County, Pennsylvania, Plaintiff lived there for approximately three years, and used the hot tub extensively during that time, 24, Defendants rarely used the hot tub during the time they rented the property from Plaintiff due to the costs to fill and maintain it. 25, In fact, Defendants only used the hot tub on approximately four occasions during the almost four years that they resided at the property, 26. Defendants promptly notified Plaintiff when they did attempt to use the hot tub that it was not performing properly. 27, At no time did Defendants agree to pay for any and all maintenance and repair costs for the hot tub 5 If . ~~~ -~ "~- .~~ "~-~",,~,~.,,~,'''',rl"~',_'_;--, :~," ,-" 'nf~~~, 28, During the time of Defendants' lease, Plaintiff failed and refused to contact an outside repairman to finally correct the problems with the hot tub. 29, The alleged costs to repair the hot tub far exceed its reasonable value, given that it was installed approximately twenty years ago, WHEREFORE, Defendants Gerry and Lynda Heckendorn, respectfully request this Honorable Court to enter a judgment in their favor and against Plaintiff in this matter, Diane Adams, together with reasonable costs and attorney fees, and such other and further relief as this Court deems just. Respectfully Submitted, Dated: February L, 2002 IRWIN, McKNIGHT & HUGHES By: ~ >I AdA Dougla . Miller, Esquire Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendants 6 -, ~. ~. n",~ '-'<'",.!"-;-,,,'~" ;"r-Lc VERIFICATION The foregoing Answer with New Matter on behalf of the Defendants, Gerry Heckendorn and Lynda Heckendorn, is based upon information which has been gathered by counsel for the Defendants in the preparation of this Answer with New Matter. The statements made in this document are true and correct to the best of the counsel's knowledge, information and belief, The Defendants' verification cannot be obtained within the time allowed for filing the pleading, The undersigned is therefore verifying on behalf of the Defendants according to 42 Pa,C,S,A. S 1024( c )(2), The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C,S,A, Section 4904, relating to unsworn falsification to authorities, ~ JI,lLu Doug s G. er, Esquire Date: February 4, 2002 " - - "~- '"~".~M - ",>' ->~ ;'" ~P'.- ,,~-,---~. "'''-''';'~'''''''''''''''''''ii~~""'''''"\,;,,,,~~,~,;,, -,. ~Il~j.> CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Paul Bradford Orr, Esquire 50 East High Street Carlisle, PA 17013 Attorney for Plaintiff Date: February L 2002 IRWIN, McKNIGHT & HUGHES er, Esquire Supreme C ill # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendants '-"; B~c,'.iliifi.;i'f1(Tr ;~";"c"li~';;"'" . O' __,~ '~ 'tilij,j~'-< --.i....... -i;.~-IiJ:injr'!f-~"'~i'-'-'" -;:;M -~",':..JL'i;-\ ~J,;'".,,,--Id:<' ;:"~' , > ~~".~ .10- ~~'''',-~ -, "w-""" m - (") 0 0 C r",) -n :? ..., =:;:1 -0"" r'1 ~ fTl f~ 1 ,n - -7 '-r, ;-t,1 "r__ -" I t~ S:'-~ -' i ,. -<., - '-:..~) r:-;C,; --c "',-, - ';--0;-, / 1'-' .-- .- \ &: (j ~ c:;, fn )::'. C, -,-,. ~6 :':j - -< ..J -< ~-., o;.-~ ' "1~'~~>,~ DIANE ADAMS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW GERRY AND LYNDA HECKENDORN, Defendants : NO. 01-6567 CML TERM PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER 22, This averment does not require an answer. 23, Admitted. By way of further answer, the Plaintiff had little or no problems with the hot tub during the entire time that she was living at the residence and using it. 24. Denied. After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment Therefore, strict proof is demanded at trial. 25. Denied. After reasonable investigation, the Plaintiff is without knowledge or infonnation sufficient to form a belief as to the truth of this averment Therefore, strict proof is demanded at trial. 26. Denied. By way of further answer, the Defendant assured the Plaintiff that they knew how to set up the hot tub properly. The Defendant then called the Plaintiff to report a problem that was caused by the Defendant not setting the hot tub up properly, 27. Denied. By way of further answer, it was understood by verbal agreement that the Defendants would pay for the costs of maintaining the hot tub since they would be the primary users, 28, Admitted. 29. Denied, After reasonable investigation, the Plaintiff is without knowledge or I: '^ - - '~- . - " ,,'- > j - ,- -- w- - ,-10- ,- "k ,',", - " ,__,' <~ " ',~;b:.;;~_;";:" ',-,;', "'- ,~: -;:',,-;:; information sufficient to form a belief as to the truth of this averment Therefore, strict proof is demanded at trial. WHEREFORE, Plaintiff requests this Honorable Court to dismiss the Defendant's new matter and enter judgement in favor of the Plaintiff. Respectfully Submitted, Date: 2..1 Z ~ f 0 L- BRADFORD ORR By: Paul Bradfor Orr, Esquire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 258-8558 Supreme Court ill # 71786 'J",,-,~ , - - ~ ", "-:' - ~.; VERIFICATION The foregoing document on behalf of Diane Adams is based upon information which has been gathered by counsel for her in the preparation of this document. The statements made therein are true and correct to the best of counsel's knowledge, information and belief The Plaintiff's verification cannot be timely obtained, The undersigned is therefore verifYing on behalf of the Petitioner according to 42 Pa. C.S.A. ~ 1024(C)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa. C.S,A, ~ 4094, relating to unsworn falsification to authorities. ~l~JeL )j Dated: Paul Bradford Orr, Esquire " -'1'< ,- --" ',<; .OJ..';' ".~,_:,-," ." o'-',~, ",.:".</.,'2,.",- ~_'''o''_;~; _o~'il."IJilii_h,: DIANE ADAMS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW GERRY AND LYNDA HECKENDORN, Defendants : NO, 01-6567 CIVIL TERM CERTIFICATE OF SERVICE 1 hereby certifY that on this date, I served a copy ofPlaintitI's Answer to Defendant's New Matter on the following person at the following address via U.S, Mail, postage prepaid, delivered to addressee only: Douglas G. Miller, Esquire IRWIN, McKNIGHT & HUGHES West Pomftet Professional Building 60 West Pomftet Street Carlisle, PA 17013 ~ Date: 1 "Z ~ I en. Paul Bradford Orr, Esquire :'1fiH" ""~"l' "-"'lI;[iiJ_M!~~~im'-ll~~~jE'i,;jU'jjg,iM*i01A'ij;iii~iiI~iilllii~-ll'm;~h8i~l\lt!!lllJ" lliL.._",_,n"" -~, =, -~ ""''-'''-'' ",,-,'" "..I---~ "'~,~. - . 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