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APPEL & YOST LIT
David W. Mersky
Attorney I.D. No. 68895
33 North Duke Street
Lancaster, PA 17602
(717) 394-0521
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
PENNSYLVANIA WATER.
SPECIALISTS, INC.,
Plaintiff
VS.
SHARON L. GRIFFIE and
STEVEN S. FENTON,
Defendants
No. 99 - 2996
Civil Term
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must lake 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 defense or objections to the claims as 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 KELP.
AVISO
Le han demandado a usted en In corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la
demanda y la notification. Hace falta asentar una com parencia escrita o en persona o con un
abogado y entregar a la corte en forma escrita sus de£ensas o sus objeciones a las demandas en
contra de su persona. Sea avisado que si usted no se defiende, In corte tomara medidas y puede
continuer la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede
decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta
demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA
EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR
ASISTENCIA LEGAL.
Court Administrator
Cumberland County Courthouse
4`h Floor
Carlisle, PA 17103
Telephone Number: (717) 240-6200
APPEL &
BY:
At{ome .D. No. 68895
Attom s for Plaintiff
33 No h Duke Street
Lancaster, PA 17602
(717) 394-0521
2
APPEL & YOST LLP
David W. Mersky
Attorney I.D. No. 68895
33 North Duke Street
Lancaster, PA 17602
(717) 394-0521
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
PENNSYLVANIA WATER
SPECIALISTS, INC.,
Plaintiff
VS.
No. 99 - 2996
SHARON L. GRIFFIE and Civil Term
STEVEN S. FENTON,
Defendants
COMPLAINT
1. The Plaintiff in this action is Pennsylvania Water Specialists, Inc., a Pennsylvania
corporation with its principal place of business located at 312 Walnut Street, Lancaster,
Pennsylvania.
2. The Defendants in this action are Sharon L. Griffie and Steven S. Fenton, adult
individuals residing at 137 Amy Drive, Carlisle, Pennsylvania.
3. On or about October 21, 1998, Plaintiff and Defendants entered into an agreement
whereby Plaintiff agreed to install in Defendants' home a water treatment system for the
consideration of Three Thousand Six Hundred Two and 94/100 ($3,602.94) Dollars. A copy of
the Agreement is incorporated herein and marked Exhibit "A."
4. A deposit in the amount of Two and 94/100 ($2.94) Dollars was paid to Plaintiff
by Defendants on or about this date, leaving a balance due in the amount of Three Thousand Six
Hundred ($3,600.00) Dollars.
5. On or about October 31, 1998, Plaintiff installed the water treatment system
within Defendants' home.
6. Despite repeated demands, Defendants have failed and refused to pay Plaintiff the
balance due and owing in the amount of Three Thousand Six Hundred ($3,600.00) Dollars.
7. Defendants conduct, in appealing the district justice judgment entered against
Defendants on or about May 10, 1999, is dilatory and otherwise constitutes an unreasonable
continuation of this action.
8. The amount of damages claimed by Plaintiffs herein does not exceed the
jurisdictional amount requiring arbitration referral by local rule.
COUNTI
BREACI4 OF CONTRACT
9. Paragraphs 1 through 8 are incorporated herein by reference.
10. By failing to pay Plaintiff in accordance with the terms of the parties Agreement,
Defendants have breached their contract with Plaintiff.
2
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor
and against Defendants, Sharon L. Griffie and Steven S. Fenton, jointly and severally, in the
amount of Three Thousand Six Hundred ($3,600.00) Dollars, together with interest, costs and
attorneys, fees as allowed by agreement and law.
COUNT II
UNJUST ENRICHMENT
In the alternative, Plaintiff alleges as follows:
11. Paragraphs 1 through 8 and Count I are incorporated herein by reference.
12. Defendants knew that Plaintiff did not intend to install a water treatment system
within Defendants' home gratuitously.
13. The value of the water treatment system installed within Defendants' home is
Three Thousand Six Hundred Two and 94/100 ($3,602.94) Dollars.
14. Defendants used and continue to use and enjoy the benefits of the water treatment
system installed by Plaintiff in Defendants' home.
15. It would be unjust for Defendants to retain the benefit of the water treatment
system and monies owing Plaintiff without paying Plaintiff full value therefor.
3
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor
and against Defendants, Sharon L. Griffie and Steven S. Fenton, jointly and severally, in the
amount of Three Thousand Six Hundred ($3,600.00) Dollars, together with interest, costs and
attorneys fees as allowed by agreement and law.
APPEL &
BY:
Attorney Hy. No. 68895
Attorneys r Plaintiff
33 North uke Street
Lancaster, PA 17602
(717) 394-0521
4
VERIFICATION
I, Robert Phillips, President of Pennsylvania Water Specialists, Inc., state that I am
authorized to make this Verification on its and my behalf.
The language of the foregoing document is that of counsel and not necessarily my own;
however, I have read the foregoing document and, based upon information that Pennsylvania
Water Specialists, Inc. has given to counsel, it is true and correct to the best of my personal
knowledge and information and belief.
As for the language and allegations which may constitute conclusions of law, I sign this
verification on the recommendation of my attorneys who advise that these allegations raise issues
for resolution at trial, by the Court or by continuing investigation and preparation for trial. I
understand that some of these allegations may prove inappropriate after investigation and trial
preparation are complete.
I understand that any false statements herein are made subject to the penalties of 18 Pa.
C.S. Section 4904, relating to unswom falsification to authorities.
WATER SPECIALISTS, INC.
Dated: x/00-11
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LAW OFFICES
APPEL & YOST LLP
JUN 16 199q
WILLIAM P. DOUGLAS, ESQUIRE
ATTY. I.D. # 37926
DOUGLAS, DOUGLAS & DOUGLAS
27 WEST HIGH STREET
P.O.B. 261
CARLISLE PA 17013
TELEPHONE 717-243-1790
ATTORNEY FOR DEFENDANTS
PENNSYLVANIA WATER
SPECIALISTS, INC.
V.
SHARON L. GRIFFIE and
STEVEN S. FENTON
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
NO. 99 - 2996 CIVIL TERM
ANSWER WITH NEW MATTER
1. Admitted.
2. Admitted.
3. Denied as stated. The attached document, purporting to be an
agreement, speaks for itself. The defendant, Steven S. Fenton, never signed the
attached Exhibit "A". In addition, it is denied that an agreement exists, due to
the fact that the condition was that the agreement was subject to approval of
financing. The financing was denied, and Sharon L. Griffie requested the water
softener be removed from her home.
4. It is admitted that the defendant, Sharon L. Griffie, gave the
plaintiff $2.94. It is denied that there is any balance due.
5. Denied as stated. A water softener was installed in a mobile home,
which is owned by Sharon L. Griffie and her daughter, Tammy S. Griffie.
6. It is admitted that Pennsylvania Water Specialists, Inc., sued
Sharon L. Griffie and Steven S. Fenton for $3,600.00.
7. Denied. The defendants' appeal of this action was not dilatory and
was done in good faith.
8. Admitted.
COUNT 1
1313EACI-1 N )NTRACT
9. The answers to paragraphs 1 through 8 are incorporated herein by
reference.
10. Denied. It is the position of the defendants an agreement does not
exist, and, therefore, they have breached no contract.
WHEREOFRE, it is preyed that judgment be entered in favor of the
defendants and against the plaintiff.
MUNITH
91NjUST IiNRICI IMENT
11. The answers to paragraphs 1 through 8 and Count I are
incorporated herein by reference.
12. Denied. The defendants have no way of knowing the mental state
of the plaintiff.
13. Denied. After reasonable investigation, the defendants are unable
to determine what the value of the water softener is and strict proof thereof is
demanded.
14. Denied. It is admitted that the water softener is in the mobile home
owned by Sharon L. Griffie and Tammy S. Griffie; however, the defendant,
Sharon L. Griffie, has requested that it be removed and the plaintiff has failed to
do so.
15. Denied. The answer to paragraph 14 is incorporated herein by
reference.
WHEREFORE, it is prayed that judgment be entered in favor of
defendants and against the plaintiff.
NEW MATTER
16. The defendants are not bound by the purported agreement due to a
failure of consideration.
17. The defendants are justified in refusing to make payment to the
plaintiff, due to the fact that an agreement between the parties does not exist.
18. Plaintiff is estopped from proceeding with this action, due to the
fact That the financing in question was not approved; therefore, the purported
agreement is null and void.
19. Plaintiff is barred from recovery in this matter due to fraud in the
inducement.
20. The plaintiff has failed to mitigate its damages.
WHEREFORE, it is prayed that judgment be entered in favor of the
defendants and against the plaintiff.
DOUGLAS, DOUGLAS & DOUGLAS
By y?t<sJ?6.ao. m
William P. Douglas, Esquire
June 10, 1999 Attorney for Defendants
COMMONWIiAIM-1 OF PENNSYLVANIA )
SS.
COUNTY Oh CUMBERLAND )
VERIFICATION
I verify that the statements made in the foregoing document are true and
correct, to the best of my knowledge, information, and belief. I understand that
false statements herein made are subject to the provisions of 13 Pa. C.S.A. § 4904
relating to unsworn falsification to authorities.
l e - 9? nom -
Date Sharon L. Griffie
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WNITTIN RLSPOHSI 10 1Nr IM1; I:.St I. ? •/I ? - - -• .. _ •I :.? lful?\ 1NA1 11.1
WITHIN TN[NTY I201 P115 TNOM [.LF\9?1 I.\.r 1_,; I. .. • rnl? FI?••?.
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WATER TREATMENT EQUIPMENT
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WATER SPECIALISTS INC.
312 E. WALNUT ST.,
Jame ?. &IrG.n ?rt?a.l.1v.#.
address .3?..If1tLt?.?V-%V?1 .................
:icy 1i1 Stat'e.... P??.... ZIP
'hone-Home Xq 3? Pn. [ V. Business ..............
1, Number of People in House ...... q...I............
a. Automatic Washer I h person) ..... ?.?_? .......
b. Automatic Dishwasher ('h person) . . ! 1 Z!.... • • .
Total .................... 5........
2. Times Estimated Gallons Per Person Per Week x 500
3. Estimated Gallons Used Per Week ..... =,25' GAL
1. Hardness of Water (Grains Per Gallon) ........ ?.. GPG
3. Total Iron Content .......4) ......
Dissolved ? PPM X 5 GPG ......... = .........
Suspended ? PPM Bacterial ? ...... . Q
5. Total Grains of Hardness Per Gallon .................
7. Total Estimated Grains Treated
Per Week (Line 3 x Line 6) ........ =2z.`,S?'
8. Model To Deliver Grains Per Regeneration
9. Number of Regenerations Per Week ........ = .......
.........../ ................... LBS
!0. pH Balance ........... / .. P .....I.. ,............. .
:1. Nitrates ....-./.......... = ....:I.......... PPM
12. Chlorine Yes Df No ? .......... = .......... PPM
13. Heavy Metals ............ ................
14. Water Appearance, Clear Li Turbid ?
Odor ? Sediment ? T nnif ?
15. Water Source City Drilled Well ? Well ?
Other? ....................................
16. Other .......................................
TERMS
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Map Showing Directions To Installs tipn From Nearest Main Roods
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2 ...........................6 ....................
3 ...........................0 ....................
4 .. ......................../ ....................
5 .........................../ ... ......
INSTALLATION ............... 0 ... !!! ?• • • • • • • • .
SUBTOTAL .......... .....83.q.?'• ?`.....
TAX ........................II .. /Z.a.3•.q.?.....
TOTAL ............ .. f,36Q7..•r.{qy......
DEPOSIT ...... C.-S? ...... $ ...... ?? :. !. ?.... .
BALANCE ................. 0 .7k. o: at. ......
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Total Cost Of System $ t ? • • • • •? • ;_{1??f1• _ 7- ?'cl
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Date To Be Delivered- Installed t SV n r .? I L ?- Purchaser X..... Y?•
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?a,,,(...?.. 4r(,Qrr.,l Purchaser X,....c;_ __ ?..
Company Representative ...
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Referred By .................................... .
(dat of transaction)
WHITE-OFFICE. GOLDENROD-INSTALLER, PINK-CUSTOMER, BLUE-SALESMAN, GREEN-FINANCER
CREDIT APPLICATION
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SELLER /C Storeaar Location
11
Total Price: E Down Payment: $ Finance Amount: E S?.o
Special Program
Approvals
PLEASE PRINT CLEARLY. COMPLETE ALL BLOCKS AND SIGN APPLICATION. Any married applicant may apply for a separate account
APPLICANTS NAM FI ST, MIDDLE, LAST)
L G SO IAL SECURITY # ?-
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° DAT OF BIRTH a DEPENDENTS
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OTHER INCOME: Interne from alimony, child support, or separate mainrenanee payments neM not be disclosed d you du nor wish to haven considered HAS APPLICANT EVER APPLICANT HAS'.
as a basis for repaying this obligation. DECLARED BANKRUPTCY JI2Checking Accl(s)
S Per Source: 10'Yes ?tl ]Savings Fat(s)
APPLICANT: LANDLORD/MORTGAGE HOLDER MLY RENT OR MORTGAGE PAYMENT. IF APPLICANT OWNS OR IS BUYING:
1(d]'Remg
JN5w'nslBayina ?^1
33 -l CURRENT HOME VALUEMORTGAGE BALANCE:
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NEAT ELATIVE NOT LIVING WITH YOU:(RELATIONSHIP.NAME, ADDRESS, CITY, STATE. ZIP, PHONE)
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CO-APPLICANTS NAME(FIRST. MIDDI ST)
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IBS' 0 401 DATE OF BIRTH
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CURRENT STREET ADDRESS (Check if same as applicant l l) CITY STATE
ZIP CODE HOME PHONEa
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SALARY.
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FAIR CREDIT REPORTING ACT NOTICE TO CONSUMER: BUYER'S CREDIT APPLICATION WILL BE SUBMITTED FOR CONSIDERATION FOR PURCHASE TO COMMERCIAL
CREDIT OR ONE OF ITS AFFILIATES INCLUDING THE FOLLOWING: Commercial Credit of Alabama, Inc., The Traveler Bank USA, or City Loan, Home Offices, 300 St. Paul Place,
Bathmore, MD 21202.
Notice to Applicant: A consumer report may t)e requested with the processing of your credit. Upon request, you will be informed whether or not a consumer report was requested and, if
such report was requested, informed of the name and address of the consumer reporting agency that furnished the report. Subsequent consumer reports may be requested or utilized in
connection with an update, renewal or extension of credit.
I/We outhorize ou to investi ate credit and em to ment histo and understand that if IAve do not uali for the re uested amount. ou ma consider mefor a lesserameunt.
Notice to Married Wisconsin Residents: No provision of marital agreement, unilateral statement or court decree under Wisconsin's Mantel Property Ad adversely affects our rights with
respect to your account, unless, before we extend credit to you, you provide us with a copy of it, or we have actual knowledge of the adverse provision when the obligation is incurred. You
must provide the following infornabon because, when credit is granted, we must give notice to a spouse who is not a co-applil
Name and address of s use:
Notice to Ohio Residents: The Ohio laws against discrimination require that all creditors make credit readily available to all credit worthy customers, and that credit reporting agencies
maintain se arate credit histories on each individual upon request. The Ohio civil rights commissil adnnisters compliance with this law.
SHARED INFORMATION: Unless you Indicate otherwise in writing (with social security number) to Commercial Credit, Customer Service, 300 St. Paul Place,
BSP09D, Baltimore, MD 21202, you agree that Commercial Credit and Its affiliates may share information about you or your account, including information from
ourcreditre orts formarketin and administrative u oses.
X
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Signature of Applicant Date Signature of Co-Applicant Date
Driver's License # Driver's License #
Form 27002-C (10197) CIE Application
Salesperson #
Accepted and Assigned by Seller: This contract is assigned without right of recourse as to
the buyers obligation to pay, subject to all of the terms, conditions, covenants, represents.
lions, and warranties set forth In the Dealer Agreement between Seller and Assignee,
Date: 1 D
Sharer` 6 'r4s1 e 9 S-ke.ve,
131- A my Th-i ve 11.7- E CJal vl t4 Sr.
?rrrll5??l ?a, 17o 13 nCGt?rI PCF rr r? . 1-7 67
ANNUAL FINANCE CHARGE Amount Financed-The Total of Payments The Total Sale Price-The total cost
PERCENTAGE RATE The dollar amount the amount of credit provided amount I will have paid of my purchase on credit,
The cost of my credit as a credit will cost me. to me or on my behalf. after I have made all including my down payment of
yearly rate. payments as scheduled.
?;t % $ a o $ 360o $ S`3l o; ea $
Security: I am giving a security interest in the goods or property being purchased. If checked here , I am also giving a security interest in
the goods or property that secure all outstanding purchase obligations to you.
Payment Schedule:-payments of $ BSSi S•ro and a final payment of s R S 5`6 , beginning on LA-1 (estimated. date).
Subsequent payments are due on the same date of each consecutive month thereafter.
Late Charge: I will be charged 5% of the unpaid amount of the payment, but not more than $5.00 or less than $1.00.
Prepayment: If I pay off early, I may be entitled to a refund of part of the Finance Charge.
Sae the contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date,
and prepayment refunds and penalties:
This rxmtract covers Buyer's installment purchase from Seller of the ITEMIZATION OF AMOUNT FINANCED:
woperty and/or services described on an attachment that is incorporated 1. Cash Price
as part of this contract (the "property"). This contract will be assigned to (a) Cash Price of All Items $ eo
.',ommercial Credit ("Assignee"), Home Office, 300 St. Paul Place, , ., (b) Sales Tax.... , ..... $
3afilmore, MD 21202. Anyone who signs this contract as Buyer will be,
(c) Service Contract..... $
of fly and severally, responsible for repayment of all amounts owed. Total Cash Price.- .... . .............. $ 7360;?-,
Consolidation:The Amount Financed includes an unpaid balance 2. Cash Down Payment , ..... . $
of $ from a prior contract with you. This balance is the 3. Unpdi6 Balance of Cash Price (1 minus 2) . , .. $ _3 C?o_o ,_e6
mpaid balance of the prior contract less any required rebates or credits, 4. Net Unpaid Balance of Prior Contract..... , .. $
Including unearned finance charges. The Annual Perpe tape Rate•wiil be 5. Premiums Paid to Insurance Companies'..... $
applicable to the entire Amount Financed. • - - . , .. :J .,: 6. Fees Paid to Public Officials ................ $
Special Financing: I will not have to pay a Finance Charge if this contract 7. Amount Financed (3+ 4 + 5 + 6) , ...... , ... $ 716 OD . °?
's paid in full withirfX1 ' "'days of-the contract.4-willnot-receive 8 47 6, Finance Charges ;'+ -i _
so
refund of sums paid by you to third parties such as fees paid to public (a) Interest ... "..' ... $ i 711)
off•? -... II r (b) Interest Surcharge .. $
11 11 c.••
Security Interest Charges: Total Finance Charge ..... . $ 1'71 n, all
Non-fling Insurance Premium.. NIA j, 9. Total of Payments 17 + B).......:......... $ <Z 10, Olt,
Fees Paid to Public Officials $ ,for filingheoording security interesL 10. Total Sale Price (2 + 9). . .... . ..... . ... $ K- T 17 q
V V ' J' ' " • If credit and/or property insurance is purchased, an itemization is
?BUYER'S RIGHTTO CANCEL: IFTHIS BOX IS CHECKED, YOU, attached as part of this contract,
THE BUYER, MAY CANCEL THIS TRANSACTION AT ANYTIME PRIOR
TO MIDNIGHT OFTHETHIRD BUSINESS DAY AFTER THE DATE OF Seller: Complete all items. Mark those that don't apply with WKi .
THIS TRANSACTION. SEE THE SEPARATE NOTICE OF CANCELLATION
FORM FOR AN EXPLANATION OFTHIS RIGHT
Promise to Pay:1 promise to pay to you the Total of Payments shown above in consecutive monthly installments in the number, amount, and at the
fires Indicated in the Payment Schedule shown above, except that, if a Finance Charge is shown above, the first payment will not be due before one
month after the Finance Charge begins to accrue, and the due date of the subsequent installments will be adjusted accordingly. The Finance Charge,
If arty, begins to accrue on the dale of this contract, or on such later date that you establish. Payments received will be applied first to any late charges
then or past due, and thereafter to the unpaid principal balance of the Total of Payments. Any amounts remaining unpaid on the final payment due date
will be due in full on that date. r r.
Credit Purchase: f acknowledge that I have the choice of purchasing the property for the Cash Price or the Total Sale Price, and I elect to purchase
property for the Total Sale Price: : .
Late Charge:I understand that there is a charge for payments received more than 10 days after the due date as shown in the Disclosure Statement
Returned Check Charge: I agree to pay a $20 fee for each check presented for payment on this contract which is returned unsatisfied.
M you do not meet our contract obligations, you may lose the property you bought under this contract.
NodceToThe Buyer 1. Do Not Sign This Agreement BeforeYou Read it Or If It Contains Any Blank Space.2,You Are Entitled To A Completely Riled
In Copy Of This Agreement. 3. Under The Law, You Have The Right To Pay Oft In Advance The Full Amount Due and Under Certain Conditions To
Obtain A Partial Refund Of The Finance Charge.
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I have read the eddltlonal terms stated on the reverse side of this document and understand that they are part of this contract
1 acknowledge that l received, at the time of signing, a fully completed copy of this contract _
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Buyer Buyer
V 1
For Seller By:
Title:
COPY - DEALER at.rifsc hVW In WASM ,
IVED NOV 1 n 1000
Accepted and Assigned by Seller: This contras, resigned without right or rpc arse to c
the buyer's obligation to pay, subject to all of the terms, conditions, covenants, , represents. For Seller ?,.
Lions, and warranties set lorth in the Dealer Agreement between Seller and Assignee. Title:
Security Agreement Date: /01:Z_,?/5g
B er s "I", "me" or "m " Name, Address, City, State & Zi :
S qA-t) y, 67Lr f e,
?rrtti n
l'3'7 Seller " off'"Your' Game, Address, City, State & Zi :
PA , U-21+,er S' - ,
31Z 10n_1 toctill" 5;t-
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l 1 51 E 1" ? • -7 b 1 3 4"Ca-5-fC4- AR. 7 (v O
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ANNUAL
PERCENTAGE RATE
The cost of my credit as a FINANCE CHARGE
The dollar amount the
credit will cost me. Amount Financed-The
amount of credit provided
to me or on my behalf, Total of Payments-The
amount I will have paid
after I have made all Total Sale Price-The total cost
of my purchase on credit,
including my down payment of
yearly rate.
`10
17" payments as scheduled. $ -q y
/7Z7 % .
$ $ 36".°° $ 399.'V0 $ SW 2-, 311
Security: I am giving a security interest in the goods or properly being purchased. It checked here , I am also giving a security interest in
the goods or property that secure all oulstaanddinypurchase obligations to you.
Payment Schedule:-12 payments of $ ? and a final payment of $ V 99 beginning on 7 Z v ?? (estimated date).
Subsequent payments are due on the same date of each consecutive month thereafter.
Late Charge: I will be charged 5% of the unpaid amount of the payment, but not more than $5.00 or less than $1.00.
Prepayment: If I pay off early, I may be entitled to a refund of part of the Finance Charge.
See the contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date,
and prepayment refunds and penalties.
"his contract covers Buyer's installment purchase from Seller of the
rroperty and/or services described on an attachment that is incorporated
is part of this contract (the "property"). This contract will be assigned to
:ommerciai Credit ("Assignee"), Home Office, 300 St. Paul Place,
3altimore, MD 21202. Anyone who signs this contract as Buyer will be,
ointly and severally, responsible for repayment of all amounts owed.
:onsolidation: The Amount Financed includes an unpaid balance
A$ from a prior contract with you. This balance is the
mpaid balance of the prior contract less any required rebates or credits,
ricluding unearned finance charges. The Annual Percentage Rate will be
applicable to the entire Amount Financed.
Special Financing: I will not have to pay a Finance Charge if,this contract
s paid in full within days of the contract. I will not receive a
-efund of sums paid by you to third parties such as fees paid to public
)fficials.
Security Interest Charges:
Ion-filing Insurance Premium N/A
=ces Paid to Public Officials $ ,for filing/recording security interest.
?BUYER'S RIGHTTO CANCEL:IFTHIS BOX IS CHECKED,YOU,
THE BUYER, MAY CANCELTHIS TRANSACTION AT ANYTIME PRIOR
TO MIDNIGHT OFTHETHIRD BUSINESS DAY AFTER THE DATE OF
THIS TRANSACTION. SEE THE SEPARATE NOTICE OF CANCELLATION
FORM FOR AN EXPLANATION OF THIS RIGHT.
ITEMIZATION OF AMOUNT FINANCED:
1. Cash Price
(a) Cash Price of All Items$ 3391
(b) Sales Tax.......... $ :a03.7y
(c) Service Contract..... $
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Cash Down Payment .................... $? ?y
3. Unpaid Balance of Cash Price (1 minus 2) .... $ _3W4_RZ1'_e.'
4. Net Unpaid Balance of Prior Contract........ $ "-
5. Premiums Paid to Insurance Companies'..... $ --
6. Fees Paid to Public Officials ............... $
7. Amount Financed (3 + 4 + 5 + 6) ........... $ 34; ct9
8. Finance Charges
(a) Interest ............ $ /799: VO
(b) Interest Surcharge ... $ /79? YO
Total Finance Charge ......... . ....... $
9. Total of Payments (7 + 8) ..... . ......... $ 53 9P. V0
10. Total Sale Price (2 + 9) ................... $ S OZ. -5
If credit and/or property insurance is purchased, an itemization is
attached as part of this contract.
Seller: Complete all items. Mark those that don't apply with "NIA".
Promise to Pay: I promise to pay to you the Total of Payments shown above in consecutive monthly installments in the number, amount, and at the
fimes indicated in the Payment Schedule shown above, except that, if a Finance Charge is shown above, the first payment will not be due before one
month after the Finance Charge begins to accrue, and the due date of the subsequent installments will be adjusted accordingly. The Finance Charge,
if any, begins to accrue on the date of this contract, or on such later date that you establish. Payments received will be applied first to any late charges
then or past due, and thereafter to the unpaid principal balance of the Total of Payments. Any amounts remaining unpaid on the final payment due date
will be due in full on that date.
Credit Purchase: i acknowledge that I have the choice of purchasing the property for the Cash Price or the Total Sale Price, and I elect to purchase
property for the Total Sale Price.
Late Charge: I understand that there is a charge for payments received more than 10 days after the due date as shown in the Disclosure Statement.
Returned Check Charge: I agree to pay a $20 fee for each check presented for payment on this contract which is returned unsatisfied.
If you do not meet your contract obligations, you may lose the property you bought under this contract. I "
NoticiaToThe Buyer. 1. Do Not SignThis Agreement Before You Read It Or If It Contains Any Blank Space.2.You Are Entitled To A Completely Filled
In Copy Of This Agreement. 3. Under The Law. You Have The Right To Pay OH In Advance The Full Amount Due and Under Certain Conditions To
Obtain A Partial Refund Of The Finance Chame.
I have read the additional terms stated on the reverse side of this document and understand that they are part of this contract.
I acknowledge that II received, at the time of signing, a fully completed copy of this contras
Buyer e i y) S t-t I ? 51 Buyer ?1G k t ? ? / t
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December 11, 1993
Sharon GriffieMeve Fenton
137 Amy Drive
Carlisle. PA 17013
Dear Sharon and Steve,
On October 21, you purchased a RainSoft water treatment system from our company. it was installed
on or about October 26. The agreement between you and our company was that we were to provide
financing for the system though one of the finance companies that we use. Now for our company to
be paid we must submit a finance contract signed by you both. If you choose not to take advantage of
the financing we have provided that is fine. That does not relieve you of your responsibility to us.
Your balance due is currently $3600.00. You may remit that amount to our office immediately or you
may sign the finance papers as you originally agreed to do. In either case, we must be paid. You
must contact our office within one week from the date of this letter to arrange to sign the paperwork. If
not, we will file a civil suit with the District Magistrates office, at which time you wig also be liable for
legal fees and court costs. The simple solution to all of this Is to sign the finance papers or send us a
check for $3600.00.
Sincerely,
Rob Phillips
President
RP/RP
Notice of Cancellation
ID Iz9/ R
(Date)
Enter Goods or Services Purchased (In Minnesota Only)
You may CANCEL this transaction, without any Penalty or Obligation, within
THREE BUSINESS DAYS from the above date.
If you cancel, any property traded in, any payments made by you under the contract
or sale, and any negotiable instrument executed by you will be returned within TEN
BUSINESS DAYS following the receipt by seller of your cancellation notice, and any
security arising out of the transaction will be canceled.
If you cancel, you must make available to the seller at your residence, in
substantially as good condition as when received, any goods delivered to you under this
contract or sale, or you may, if you wish, comply with the instructions of the seller
regarding the return shipment of the goods at the seller's expense and risk.
If you do make the goods available to the seller and the seller does not pick them up
with 20 days of the date of your Notice of Cancellation, you may retain or dispose of the
goods without any further obligation. If you fail to make the goods available to the seller,
or if you agree to return the goods to the seller and fail to do so, then you remain liable for
performance of all obligations under the contract.
To cancel this transaction, mail or deliver a signed and dated copy of this
Cancellation Notice or any , other written notice, or send a " telegram to
P?L.t) S IN'amc of Scllcr) ?t 3,?? ?j?,I h (ti/t S? :.
(,W dress of Seller's Place of Rosiness)
NOT LATER THAN MIDNIGHT OF lqv
p)ate),
I HEREBY CANCEL THIS TRANSACTION.
(Date)
(Buyer's Signature)
Buyer's Certification
1 hereby certify that 1 received two copies of the above Notice on
/012c? ?S
(Buyer's Sign:HU( Z a
(Buyer's Signature) (D: te)
Gnm'683h{' Notice of CanccI l:niun 13401
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Oct-14-99 08:29A Service Deartment
Wr-26-98 NUN U1:21 Vn btirtUUM P P1PINMAML 1XV
To: PA Water Spec.
From: Linda Mayhugh @a Safeguard
Date: Monday, October 26,1998
717-293-1205 p,02
MA RW 14110000VG4 1. VAIV.
Conditional Approval: GRIFFIE, Sharon & FENTON, Steve
$ 3600.00 Pymt: $ 89.99 Rate: 17.27% Term: 60
or Pymt: $ 77.08 Rater 18.67% Term: 84
or Pymt: $ 69.26 Ratet 19.87% Term: 120
1st payment due 11/15/98 if contracted on or before 10/15/98
1st payment due 12/1/98 if contracted after 10/15/98
All approvals contingent on receiving the originals of ALL THE
FOLLOWING correct and complete documents,
B Retail installment contract
O Credit application
C7 Notice of right to cancel
O Completion certificate
0 Work order
O Our satisfactory verification of real estate ownership
® UCC-1 filing form (Must provide an additional UCC-1 filing
form if the home is a mobile home, including doable wides)
O recent (last 30 days) verification of all income stated on
application. Self enployed buyers must provide the
most recent two years complete income tax returns,
Including schedule C. Child support, SSI, VA disability
and pension recipients must provide current award
letters (Bank statements will NOT suffice).
O Other.
All documents must be received within 30 days from today's date.
We appreciate your business!
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL mil/ 9/FF
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS Nn 9 9-
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
rNMC K NrCYA,.?
Sharon Grif fie and Steve Fenton Paula P. Correal
ADORES OF AM ANT UTY STATE ZP ODE
137 Amy Dr. Carlisle PA 17013 t
rooraaarcu -?
'9T-E-6F- ry{ M IIIE CASE OF flYavYrtll
5/10/99 Penna. Water. Specialists Inc. vs Sharon Griffie, etal \{
-- SIGNATURE OF APPELLAM HS T' NEY OR A NT
CLAIM Cv 19 0000124-99 ?1? 1J /?Xr
LT 19-
n.:. kt.-L. ,..,ll t,a ONLY when this notation is required under Pa RCJ'.JP. No If appellant was C MANT (see Pa. R.C.P.J.P. No.
10088. 1001(6) in action before District Justice, he MUST
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
Signature of Prothonotary or Deputy
(This section of form,to be used ONLY when appellant was DEFENDANT (see Q. R.CP.JA No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPEt To Prothonotary
Enter rule upon Penna. Water Specialists Inc. appellee(s), to file a complaint ;n this appeal
Name of appellees)
(Common Pleas Na /? 9 9 - a 4 G l c,u T1 --) within twenty (20) days after service of rule or suffer entry of judgment of non pros
...•c IC l;r I• ii 9n11 \ $! 3fure er appe ant f» ha allWW Dr 890M
,:i ,nyume6 3'`nhrl
RULE: To Penny Water Spec ialistn Inc, appellee(S).; mm?7 vlJ
Nano or aopelkWs) _._---
(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 personal service or by certified or registered mail.
(2) If you dd not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(a) The date of service of this rule if service was by mail is the date of mailing. _`
Deft: c ,
- A-W rl S7VA" of Prottoxcry a Depury
M,N--S1a*4 COURT FILE
,t
P 492 359 045
US Postal Service
1 Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail See reverse)
Sent t. r .4 .? L? e4
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Special Delivery Fee
Rastdcted Delivery Fee
Retum Receipt Showing to
Whom 8 Dato Detivercd
Rehm Rttept SMwvg l9 Wmm,
Date, 6 Addresseei Address
TOTAL Postage & Fees $ Z
Postmark or Datee/
NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Chock applicable boxes)
--- 95
It I served
CommongPleas No. ?j_?J Ito upon the c Justice designated therein on
- 19 -?q,
? by person service c tilted) (rgistere mail, senders
Dn the appellea, (name)
by personal service E--6y(certified) (registered) mail, sender's receipt attached hereto.
to File a Complaint accompanying the above Notice of Appeal upon the appellee(c) to whom
-_`_- / ---- 19 C by personal service certified} (registered)
lerelo.
FORE ME
signature of affianf
L
My corriAIG,ron E:vpres,on :. .:--?•?-?L: . t y?.
Notarial Seal
Anne
CarlislE Borough?Cumherland ;Dmay
O Nary P'
MYtommissmnexore_ July )4 I;,I
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IN THE COURT OF COMMON PLEAS OF
PENNSYLVANIA WATER SPECIALISTS, INC:. CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. 99-2996
CIVIL 19
SHARON L.'GRIFFIE AND
STEVEN S. FENTON
RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
DAVID W. MERSKY counsel for the plaintiffAK t in the above action (or actions),
respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of the plaintiff in the action is $_L1 60 0.0 0
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators:
WILLIAM P. DOUGLAS, ESQUIRE
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be
submitted.
foregoing
Esq., and
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FENSTERMACHER AND ASSOCIATES, P.C.
ATTORNEYS AND COUNSELORS AT LAW
MARK K. EMERY, ESQUIRE
DIRECT DIAL (717) 691.5439
August 23, 1999
Guy H. Brooks, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street
Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
RE: Pennsylvania water Specialists v.
Griffie and Fenton
No. 99-2996
Dear Mr. Brooks
I enclose my calendar in regards to the above. If you have any questions,
please call our office.
Sincerely yours,
FENSTERMACHER AND ASSOCIATES, P.C.
By:
Mark K. Emery
rc
Enclosures
HARRISBURG OFFICE THE JONAS RUPP HOUSE
100 LINCOLN STREET 5115 FAST TRINDL E ROAD - OCEAN CITY OFFICE
13AY AVENUE
HARw5 PA 17112 MECHANICSIIURG, PENNSYLVANIA 17055 26 OCEAN CITV NJ 08226
(717) 5455-861 -%30 (717) 691-5400 (609) 591.9461
FAX (717) 691.5441
WE JOW RUPP 11OUIE
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LAW 011PICKS
GOLDDLRO. KATzmAN & SHIPMAN, P.C.
RONALD M. KATZMAN
F. LEE SHIPMAN
PAUL J. ESPOSITO
NEIL HENDERSHOT
J. JAY COOPER
THOMAS E. 13RENNER
JOHN A. STATLER
APRIL L. STRANG•KUTAY
GUY H. BROOKS
JEFFERSON J. SHIPMAN
JERRY J RUSSO
MICHAEL J. CROCEN7.1
THOMAS J. WEBER
ARNOLD B. KOGAN
EVAN J. KLINE. III
JOHN DELORENZO
STEVEN E. GRUBB
DIANA WOODSIDE
JOHN R. NINOSKY
David W. Mersky, Esquire
Appel & Yost LLP
33 North Duke Street
Lancaster, PA 17602
000 MARRItT STRURT
977tAW IfIDt11Y BpUANL OF COUNSEL
ARTHUR L. GOLDBERG
11.0. BOX ICOD JOSHUA 0. LOCK
DARRISDURO. PHNNSYLVANIA 17100-I000
TXLL11IIONLI (717) L104.4101
PAX: (717) L104-0008 HARRY 0. GOLDBERG
118G1•IBB01
IITTPJ/W W W.OXSLAW.COM
HERSHEY OFFICE:
17171 533.4048
DIRECT E-MAIL: T:IIRACCSLAW.COM
CARLISLE OFFICE:
t7171245.0507
August 19, 1999
YORK OFFICE:
17171843.7812
William P. Douglas, Esquire
Douglas, Douglas & Douglas
P.O. Box 261
Carlisle, PA 17013
Mark Schwartz, Esquire Mark K. Emery, Esquire
Irwin, McKnight & Hughes Fenstermacher & Associates
60 West Pomfret Street 5115 Trindle Road
Carlisle, PA 17013-3222 Mechanicsburg, PA 17055-3522
Re: Pennsylvania Water Specialists, Inc. v. Griffie and Fenton
No. 99-2996
Dear Gentlemen:
Please be advised that I have been appointed chairman of the Board of Arbitrators in the
above-captioned case. Mr. Mersky and Mr. Douglas represent the Plaintiff and Defendants
respectfully. Mr. Schwartz and Mr. Emery have been appointed to the arbitration panel.
Enclosed herein please find a calendar for September, October and November. I ask that each
of you take the copy of the calendars I have provided to you and mark all days or half days when you
are unavailable to conduct the arbitration hearing in this matter. Once I have received the return of
all calendars from all four attorneys, I will review my calendar and schedule this matter for a hearing.
Your prompt and immediate response would be appreciated.
Very Truly Yours,
4 /!
. Brooks
GHB/gjm
Enclosures
282[0.1
LAW OPPICRB
GOLDBURC). KATZMAN & SHIPMAN, P.C.
RONALD M. KATZMAN
F. LEE SHIPMAN
PAUL J. ESPOSITO
NEIL HENDERSHOT
J. JAY COOPER
THOMAS E. BRENNER
JOHN A. STATLER
APRIL L. STRANG-KUTAY
GUY H. BROOKS
JEFFERSON J. SHIPMAN
JERRY J. RUSSO
MICHAEL J. CROCCNZI
THOMAS J. WEBER
ARNOLD B.KOGAN
EVAN J. KLINE, III
JOHN DELORENZO
STEVEN E. GRUBB
DIANA WOODSIDE
JOHN R. NINOSKY
David W. Mersky, Esquire
Appel & Yost LLP
33 North Duke Street
Lancaster, PA 17602
Mark Schwartz, Esquire
Irwin, McKnight & Hughes
60 West Pomfret Street
Carlisle, PA 17013-3222
020 MARKET STREET
STRAWBERRY SQUARE OF COUNSEL
ARTHUR L. GOLDBERG
P.O. ROX 1200 JOSHUA D. LOCK
RARRISBUROL PENNSYLVANIA I7106-1000
TELEPHONE: (717) 204.4101
PAX: (717) 204.0808 HARRY G. GOLD13ERG
11981.19081
11TTP:1/W W W.OESLAW.COM
HERSHEY OFFICE:
DIRP.CT F. MAM MIRAGMSI.AW.COM (7171533-4049
CARLISLE OFFICE:
August 24, 1999 17171 045.0597
YORK OFFICE:
17771 043-7912
William P. Douglas, Esquire
Douglas, Douglas & Douglas
P.O. Box 261
Carlisle, PA 17013
Mark K. Emery, Esquire
Fenstermacher & Associates
5115 Trindle Road
Mechanicsburg, PA 17055-3522
Re: Pennsylvania Water Specialists, Inc. v. Griffie and Fenton
No. 99-2996
Gentlemen:
This letter is to advise that a half day arbitration has been scheduled in the above-referenced
matter for Monday, October 18, 1999 at 9:00 a.m. The arbitration will take place at the Cumberland
County Courthouse, Courtroom 5, 5" Floor, of the new courthouse. Thank you for your assistance
with the scheduling of this matter.
` /Yjry Trull You
°/ ?j(46J H.?BBroooks E"
( uy ?
GHB/gjm
cc: Court Administration
282(0.2
T ROBERTS APPEL, II
HARRY B. YOST
JAMES W. APPEL
JOHN L. SAMPSON
KENNETH H. HOWARD
WILLIAM R. WHEATLY
WILLIAM A CASSIDY, JR.
ORETA R. AUL
MATTHEW O.OUNTHARP
JULIA Q VANASSE
ELAINEO.000LNIK
OAVID W. MERSKY
NICOLE RAYMOND CHONO
OFCOUNSEL
PAUL F. McKINSEY
J. MARLIN SHREINER
Guy H. Brooks, Esquire
320 Market Street
Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
LAW OFFICES
APPEL S7 YOST LLP
THIRTY-THREE NORTH DUKE STREET
LANCASTER, PENNSYLVANIA 17602
(717) 394,0521
FAX(717)299-9781
August 20, 1999
Re: Pennsylvania Water Specialists, Inc. v. Griffie and Fenton
No. 99-2996
Dear Mr. Brooks:
ROBERTS R. APPEL • (1932.1996)
RALPH W, EBY. JR. (1941.199E)
MERRILL L. HASSEL (1941-1972)
OFFICE AT NEW HOLLAND, PA
142 EAST MAIN STREET
(717)354.4117
OFFICE AT STRASBURG. PA
39 EAST MAIN STREET
(717)687.7871
OFFICE AT QUARRY V ILLS, PA
207 CAST STATE STREET
(717)786.3172
OFFICE ATEPHRATA, PA
123 EAST MAIN STREET
(717) 7334104
OFFICE ATCHRISTIANA, PA
4 SADSBURY AVENUE
(610)5936740
Enclosed please find my calendar of available days, as it today exists, for the above
arbitration for September, October and November.
With kindest regards, I remain
26009 09
Enclosures
cc: Robert Phillips
Very truly yours,
4:a.:W: un\Ju
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DOUGLAS, DOUGLAS & DOUGLAS
ATTORNEYS AT LAW
27 W. HIGH STREET
P. O. SOX 201
WILLIAM R DOUGLAS-' CARLISLE, PENNSYLVANIA
GEORGE F. DOUGLAS, O
17013.0201
.ALSO ADMITTED TO
PRACTICE IN FLORIDA
• CERTIFIED AS A CIVIL TRIAL ADVOCATE BY
THE NATIONAL BOARD OF TRIAL ADVOCACY August 20, 1999
Guy H. Brooks, Esquire
Goldberg, Katzman & Shipman
320 Market Street, Strawberry Square
Harrisburg, PA 17108-1268
GEORGE F. DOUGLAS, JR.
1025.1095
17171 243.1700
FAX (717) 213.5966
Re: Pennsylvania Water Specialists, hic. v. Griffie and Fenton
No. 99-2996
Dear Guy:
I have enclosed the calendars for September, October and November with
the days marked on which I am not available for the arbitration hearing in this
matter.
Thank you.
Sincerely,
'Br't 1
WPD:jmI
Enclosures
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COMMONWEALTH Of PENNSYLVANIA .
cou-f or ?oMM?a sT- piFti NOTICE OF APPEAL
JUDICIAL DISTRICT FROM -
DISTRICT JUSTICE JUDGMENT
- - I
- --------- ---------
COMMON PLEAS Nn 9 4?7 oZ
Notice is green that the o NOTICE OF APPEAL
date and in the PpellOnt has filed in the above Court of Common Pivos On a
case mentioned below ppeal from th
e judgment rendered by the District Justice on the
-Rcaw Sharon (u.ffie -
A Ess FAFrEUNJi ----and St4VC F-niran nuaasr.N oeru or•ni -_--
137 Amy Dr. 'a,r ---- Paula P, Correal
-aft OF A650aw----- SfA1E _.
wrnr Ca TlJ 7[-
5/1.0/99 --
PA 17013
aAUeNO _ _Penna 14r1Er Spec)., lists ln? - - iom-and
NATURE -- ArrtiuNr oR res SAT ha- ---11 GL if f i iaSteve Fenton
CV 19 000014-99 Rk?k
` CY OR AOENi`---'- --,
Li 19 4?, -
[This block will be signed ONLY when This notation is requued under Pa
08& _
Noof Appeal, when received if appellant was C /MANY ERSEDEAS to the judgment for possession the
thiisstcasr Jushee., will operate as a 1001 (see Pa. R.C.P.j.p.. No.
(6) in action ore District JNSbce, he MUST
FILE A COMPLAINT within twenty (20) days after
- --- - - -- ---
Signature of ProprOf I y or p,-puFr --- --- - - filing his NOTICE of APPEAL,
This section N form PRAECIPE TO ENTER RULE TO FILE Cajy?p?ANAND RULE Tq F---
(F USE to he used ONLY when appellant MIS DEFENDANT (soe Pa, R.C.PJ.P. No. ILE
opy of notice of appeal to be 1001(7 ) in action before
appellrel.
District Ji
PRAECIPE: To Pmthonomry se•'ved upon istice.
Entermleupon_.--__ Pcnnai. Pater- 5 ecia].ists Inc.
-- P- "1 1 s
N"tea
(Common Pleas Na afpeAk, lsl ._..- ---- - - , appellee(s), to file a complaint in this oppeo
? ? - ,? t% 4 -------' I
within twenty (20) days offer service of rule or suffer entry Of
?/? Jro9menf of rson plus.
RULE: To- Penna. Water - r' r 1?q
TIC L(A-`-
-- _ S.ec_al sts lc &gnaro'eo•
_ rranr,nn
N.YM of nmrlk':;'Sl -.-.._ . appnllw.(sl z; y ar d0f!nl
SPr (F1) You ore notified thOl a rule is hereby entered upon you to file o complaint in this a
viCe O Ih15 rule upon YOU by Personal Se ice W by certified or registered moil
ppea within twenty (20) da),s aher the dose of
(2) 11 you do not file a complaint within Ihis time, a JUDGMENT OF NON PROS WILL 8E ENTERED AGAINST YOU,
(3) The dote of service of this rule if service: was by man is the dot" of 'noiliro
l?-!7?x &prann: rd ,'ru;,a roM•y rr Da w y '
CORRECTION
Previous Image
Refilmed to Correct
Possible Error
COA7ZNWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL Y// 9/99
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS N,. 9 9- a1 711
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
Sharon Griffie and Steve Fenton
137 Amy Dr. Carlisle
5/10/99
PA
17013
and Steve Fenton
Kkuk
Penna. Water S
CV 19 0000124-99
LT 19
Inc. rs Sharon Griffi
This block will be signed ONLY when this natation is required under Pa R.C.P.J.P. No
10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case
If appellant was CI
JT (see Pa. 11C.P.JP. No.
1001(6) in action Wore District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
Signature of Prothonotary or Deputy filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of fort to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. 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
Enter rule upon. Penna. Water Specialists Inc. , appellee(:), to file a complaint in this appeal
/? Ne of apr,elktiYs)
(Commas Pleas Na 9 9' a g ¢?e O ? Q T,lr ) within twenty (20) days after service of rule or suffer entry of judgment of non pros,
0Lm --
Slgnatue or appe ax or lus atbaw a agent
RULE: To Penna. Water Specialists Inc. appellees)
Nano of arpalleals)
(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 personal service or by certified or 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 nailirg.
Date: 1da3?3iR, 9 , 19..95_..±'! CC. i/LcC'Dl..
A r n s.- . SipWLM Of Proegiotry a oprty
?r
Paula P. Correal
air n+?-0r
COURT FILE 70 BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) OA YS AFTER filing the nofica of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ea
AFFIDAVIT: I hereby swear or affirm that I served
? a copy of the Notice of Appeal, Common Pleas No.
(da(e of service) ,upon the District Justice designated thereinon -
_- , 19-,
r
i ? by personal service ? by (certified) (registered) moil
sender's
,
ece
, .1
pt attached hereto, and upon the appellee, (name)-- _ -
19_0 by personal servic , on
e ? by (certified) (registered) mail, sender's receipt attached h
to
? and furtherthat l servedthe Ruleto FileaComplaint ere
.
accom
i
h
the Rule was addressed on pany
ng t
e above Notice of Appeal upon the appellee(s) to whom ;
19__. ? by personal service ? by (certified
i
mail, sender's receipt attached hereto. ) (reg
stered)
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME -
THIS DAY OF_ , 19_,
Signature of aff/ant
Sgnafura of ofh"' before venom elbtlavd was made
TWO of official
My commission expires on tg_
to C.7
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COMMONWEALTH OF PENNSYLVANIA
09-,2-01
DJ Name: Hon.
PAULA P. CORREAL
Add10i1 EAST WING - COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA
Telephone; (717 ) 240-6564 17013-0000
ATTORNEY DEF PRIVATE :
WILLIAM R. DOUGLAS, ESQUIRE
27 W. HIGH ST
P.O. BOX 261
CARLISLE, PA 17013-0261
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF:
NAME and ADDRESS
rPENNA WATER SPECIALISTS INC.
312 E. WALNUT ST
C/O ROB PHILLIPS, PRES.
LLANCASTER, PA 17602 J
VS.
DEFE14DANT: NAME and ADDRESS
rGRIFFIE, SHARON, ET AL.---
137 AMY DRIVE
CARLISLE, PA 17013
L J
Docket No.: CV 0000124-99
Date Filed: 1/06199
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PT,ATNTTFF
X] Judgment was entered for: (Name) PRNNA WATER gPRr.TAT,TgTQ TNC _
?X Judgment was entered against: (Name) FR Tom, nrpr=
in the amount of$_ gn6g*A _4A on:
Defendants are jointly and severally liable.
Damages will be assessed on:
1 This case dismissed without prejudice.
(Date of Judgment) 5/10 /qq
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
Levy is stayed for days or ? generally stayed.
u Vuteoeull lu levy Ilan ueeF, Neu and Healing will Ue lieu. y
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 PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
5-18-97 Date/ District Justice
certify that this is a true and correct copy of the record of the proceedings containing the judgment.
5-10-99 Date / - ! District Justice
My commission expires first Monday of January, 2000 SEAL
AOPC 315-99
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
)
jl?i.PV< C= a is JT>f? ?l')?7J?,/
OATH
In The Court of Common Pleas of
Cumberland County, Pennsylvania
No . q9L 19
We do solemnly swear (or affirm) that we will support, obey and defend
the Constitution of the United States and the Constitution of this Comecon-
wealth and that we will discharge the duties of our office with fidelity.
airman
M a RIB D 4::.a,grRTZ_
AWARD
We, the undersigned arbitrators, having been duly appointed and sworn
(or affirmed), make the following award:
(Note: If damages for delay are awarded, they shall be
separately stated.)
Date of Hearing: /0 -f d - f J
Date of Award: /0- 10" ?p
Chairman
NOTICE OF ENTRY OF AWARD
Now, the fi, 21ay of Oc4o>? 7,
award was entered upon the docket and notice 9thereof gi`v n?bmail toetheove
parties or their attorneys.
Arbitrators' compensation to be
paid upon appeal:
$ ?e)_ (7
? uDt°C??j (may ?J `- / ??ll ?? rr ?) l
7`? )r('VC ?G„-?ui ( J/L'/`rv.???? ? i? TJ 7L.0?>.?7?]
applicable Arbitrator, dissents. (Insert name if U
.)
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PENNSYLVANIA WATER SPECIALISTS:
VS. No. 99, 2996, 1999
SHARON GRIFFIE and STEVE FENTON
PRAECIPE FOR WRIT OF EXECUTION
To the Prothonotary:
Issue writ of execution in the above matter against Defendant Sharon Griffie, and direct
the Sheriff of Cumberland County to levy upon any household furniture, furnishings, jewelry and
any other personal property of Defendant, Sharon Griffie located at 137 Amy Drive, Carlisle, PA
17013.
Amount Due
Interest from 10/18/99 @6%
1,200.00
11.40
$1,211.40
APPEL &
Dated: I3 - 1,T-99
By:
Attom for Plaintiff
33 No Duke Street
Lanca ter, PA 17602
(717)394-0521
?- r
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
PENNSYLVANIA WATER SPECIALISTS:
VS. No. 99, 2996, 1999
SHARON GRIFFIE and STEVE FENTON
PRAECIPE FOR ENTRY OF JUDGMENT
Please enter judgment in favor of Plaintiff and against Defendant Sharon Griffie in
accordance with the Arbitration Award which was entered on October 18, 1999.
Amount Due 1,200.00
Interest from 10/18/99
@ 6% 11.40
APPEL & Y(OST LLP
Dated: ?o7-is-9q
I.D. #6 95
Attom for Plaintiff
33 No h Duke Street
Lancaster, PA 17602
(717)394-0521
AND NOW, this _2'7"?k day of December, 1999, judgment is entered in favor of
Plaintiff and against Defendant Sharon Griffie and damages are assessed at One Thousand Two
Hundred Eleven and 40/100 ($1,211.40) Dollars, plus costs and interest as hereafter accrue.
Prothonotary
._ ?.,
u:;
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--
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R. Thomas Kline, Sheriff, who being duly sworn according
to law, states this writ is returned SATISFIED.
Sheriff's Costs:
Docketing
Poundage
LawLibrary
Prothonotary
Service
Surcharge
Levy
$18.00
24.00
.50
1.00
3.10
8.00
20.00
$74.60 pd by deft
Sworn and subscribed to before me
This t ti day of }yL,,,? (?
2000, A. D. (:I, fly I
So AP?sjv?s:
R. Thomas Kline, Sheriff
Bea
llepukt Sheriff
I?
h
liU
?i'i . >1.J.23
WRIT OF EXECUTION and/or ATTACHMENT "
COMMONWEALTH OF PENNSYLVANIA) NO. 99-2996 CIVIL fi9Y Term
COUNTY OF CUMBERLAND) CIVIL ACTION . LAW
TO THE SHERIFF OF Cumber,
and
COUNTY:
To satisfy the debt, interest and costs due Pennsylvania Water Specialists
from Sharon Griffie, 137 Amy Drive, Carlisle, PA 17013
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell household furniture
furnishings, Jew-e_lry an an other. personal property
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of _
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) If propertyof thedefendant(s) notlevied upon an subject to attachment isfound in the possession of anyoneother
than a named garnishee, you are directed to notify him/he rthat he/she has been added as a garnishee and Is enjoined as above
stated.
Amount Due $1,200.00 L L $.50
Interest from 10/18/99 fa 69i $i i • 40 Due Prothy _.$I, Q.0
Atty's Comm % Other Costs
Atty Paid _ $41.50
Plaintiff Paid
Date: _ December 27, 1999 Curtis R. Long _
Prothonotary, Civil Division
Deputy
REQUESTING PARTY:
Name David W. Mersky, Esq.
Address: 33 North Duke Street
--La; ^ star - „* 1-7602---
Attorney for: Plaintiff
Telephone: 717-394-0521 _
Supreme Court ID No. 68895
DISTRIBUTION
ATTORNEY: David Mersky
WRIT NO. 99-2996 Civil Term
Pennsylvania Water Specialists
VS
Sharon Griffie
REAL DEBT $1200.00
INTEREST 14.80
ATTORNEY'S COMM.
WRIT COSTS, ATTY. 41.50
WRIT COSTS, PLIFF.
MISCELLANEOUS
$1256.30
SHERIFF'S COSTS:
DOCKETING $ 18.00
POUNDAGE 24.00
POSTING SALE BILLS
ACUTIONEER
LAW LIBRARY .50
PROTHONOTARY 1.00
SERVICE 3.10
SATISFY WRIT
POSTPONE SALE
SURCHARGE 8.00
STATE TAX
LEVY 20.00
$74.60
DEFENDANT PAID TO SHERIFF $1330.90
ADVANCE COSTS 150.00
TOTAL COLLECTED: $1480.90
DISTRIBUTION So answers:
Pd. To Pltff. $1256.30
aG
p
Refund of Adv. Costs 150.0 0 Vii. . v'.
•? -- ?'
Pd. To Prothonotary 1.50 R. Thomas Kline, Sheriff
By?Q? ASS V-41
puty Sheriff