HomeMy WebLinkAbout99-03233C
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CARAH 7 P.AV'S )
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DONALD J. PAUL
OATH
In The Court of Corson Pleas of
Cumberland County, Pennsylvania
No. 99 3233 19
We do solemnly swear (or affirm) that we will support, obev and defend
the Constitution of the United States and the Constitution of this Common-
wealth and that we will discharge the dut f ouroffic?fidelity.
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.)
Judgmant in favor of the Plaintiff in the amount of Thirty-'five Hundred Dollars
(;3.500.00) plus interest at the legal rate from March 30, 2000, the date of the
lest scheduled arbitration hearing.
annlicable.)
Date of Hearing:3 30 )po
Date of Award: :7 l t? JOD
Arbitrator, dissents. (Insert name if
NOTICE OF ENTRY OF AWARD
Now, the /f/ E, day of 4tiiy &9 .J ? at9 j 5', A U. , the above
award was entered upon the docket and notice thereof given by mail to the
parties or their attorneys.
Arbitrators` compensation to be
paid upon appeal: P thonotary
$ 7.467. uU Bye ??) /l-
Deouty
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SARAH J. DAVIS, : IN THE. COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS.
NO. 99-3233 CIVIL TERM
DONALD J. PAUL,
Defendant
NOTICE OF ARBITRATION HEARING
To: Sarah J. Davis Donald J. Paul
c/o Jerry A. Weigle, Esquire and c/o Larry K. Meminger, Esquire
126 E. King Street 191 Franklin Farm Lane
Shippensburg, PA 17257 Chambersburg, PA 17201
NOTICE IS HEREBY GIVEN that the Arbitration Panel appointed in the above-
captioned matter shall sit for hearing on Thursday, the 30th day of March, 2000, at 9:00 AM in
the Fifth Floor Hearing Room of the Cumberland County Courthouse, Carlisle, Pennsylvania.
In the event that this date and time is not acceptable to either party, it shall be the
responsibility of that party's counsel to arrange a new date and time acceptable to both parties
and to all members of the Arbitration Panel.
I,o Fib Zoic?
Date
ROBERT PETER KLINE, ESQUIRE
JASON P. KUTULAKIS, ESQUIRE
TERESA R. McCORMACK, ESQUIRE
cc: Prothonotary
Court Administrator
)
OATH
In The Court of Common Pleas of
Cumberland Councy, Pennsylvania
No. 19
tie do solemnly swear (or affirm) chat we will support, obey and defend
the Constitution of the United States and the Constitution of this Common-
wealth and that we will discharge the duties of our office with fidelity.
Chairman
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.)
applicable.) Arbitrator, dissents. (Insert name if
Date of Hearing:
Chairman
Date of Award:
NOTICE OF ENTRY OF AWARD
Now, the day of 19 at _.M., the above
award was entered upon the docket and notice thereof given by mail to the
parties or their attorneys.
Arbitrators' compensation to be
paid upon appeal: Prothonotary
$ 3y:
Deputy
SARAH .I. DAVIS, : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS.
NO. 99-3233 CIVIL TERM
DONALD J. PAUL,
Defendant
NOTICE OF ARBITRATION HEARING
To: Sarah J. Davis Donald J. Paul
c/o Jerry A. Weigle, Esquire and c/o Lary K. Meminger, Esquire
126 E. King Street 191 Franklin Farm Lane
Shippensburg, PA 17257 Chambersburg, PA 17201
NOTICE IS HEREBY GIVEN that the Arbitration Panel appointed in the above-
captioned matter shall sit for hearing on Monday, the 6th day of December, 1999, at 9:00 AM
in the Fifth Floor Hearing Room of the Cumberland County Courthouse, Carlisle,
Pennsylvania.
In the event that this date and time is not acceptable to either party, it shall be the
responsibility of that party's counsel to arrange a new date and time acceptable to both parties
and to all members of the Arbitration Panel.
2a Seel -).qsq-
Date
ROBERT PETER KLINE, ESQUIRE
JASON P. KUTULAKIS, ESQUIRE
TERESA R. McCORMACK, ESQUIRE
cc: Prothonotary
Court Administrator
IN THE COURT OF COMMON PLEAS OF
Sarah J. Davis, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff, NO. 99 - 3233 CIVIL 1999
V.
Donald J. Paul,
Defendant.
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:
_ Jerry A. Weigle, Esquire counsel for the plaintiff/1 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 $_Z, 500.00
The counterclaim of the defendant in the action is
no following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators:
Jerry A. Weigle, David P. Perkins Joseph P Ruane Thomas L Bright, Larry K Meminger
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be
submitted.
R spectfully sylimitt ,
r
J ry A. Weigle, Esqui e
ORDER OF COURT
AND NOW, t'1?6 t 19-.LL, in consideration of the??
foregoing petition, _AEO-At /(? Esq ?G chi
Esq., and ¢ 4q, am appointed arbitr rs in the above captioned action (or
actions) as p#ed fo{. -
By th ,o
/; P.J.
1
FILED-OFFIGL-
OF TI'E FROTr!O,IOiMY
99 AUG 16 PH 3: 53
CUMBERLAND COUNTY
PENNSYLVANIA
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
SARAH ,l. DAVIS,
PlainiHrf,
V.
DONALD J. PAUL,
Defendant.
CIVIL ACTION - LAW
NO. q1 - 3'33 ez,,L1
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this complaint
and notice are served, by entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and a
judgement may be entered against you by the court without further notice for any money
claimed in the complaint or for any other claim or relief requested by the plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA
Telephone number 717-249-3166
MARK, WCIGLC AND Pt RKINS - AITORNLVS AT LAW - 12G VAST- KING STRC.LI - SNIPVLNSOUNG. PA 17257 1397
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
SARAH J. DAVIS,
Plainitiff,
W.
DONALD J. PAUL,
Defendant.
CIVII, ACTION - LAW
NO. 9 9. 3-2 3 3 &`?' Tcu'~i
COMPLAINT
NOW comes the Plaintiff, Sarah J. Davis, by and through her attorney, Mark,
Weigle and Perkins and Jerry A. Weigle, Esquire, and petitions this Court to declare,
enforce and support the following:
1. Plaintiff, Sarah J. Davis (hereinafter referred to as Wife), is an adult individual
presently residing at 101 Helen Avenue, Shippensburg, Cumberland County,
Pennsylvania 17257.
2. Defendant, Donald J. Paul (hereinafter referred to as Husband), is an adult
individual presently residing at 1380 Baltimore Road, Shippensburg, Cumberland
County, Pennsylvania 17257
3. The parties hereto were previously Husband and Wife and were divorced by
decree of this Honorable Court on July 22, 1987. A copy of the Cumberland County
decree in divorce is attached hereto made a part hereof and marked Plaintiffs Exhibit A.
4. Prior to the entry of the above referenced decree in divorce the parties entered into
a comprehensive marital settlement or separation agreement, settling all property rights
and contractual obligations. Plaintiffs file copy of said separation agreement with
Defendant's signature contained thereon is attached hereto made a part hereof and
marked Plaintiffs Exhibit B.
5. Defendant has breached the above referenced marital settlement or separation
agreement in the following respects:
a. To date Defendant has failed to pay Plaintiff any of the four thousand
dollars ($4,000.00) due and payable to Plaintiff for her interest in the marital residence
pursuant to said marital or separation agreement.
b. Defendant has paid Plaintiff only three thousand five hundred dollars
($3,500.00) of the seven thousand dollars ($7,000.00) required under Paragraph 8 of the
above referenced marital agreement for her relinquishing any interest she might have in
MARK, WE.IGLL AND PLRKINS - AITORNLVS AT LAW - 126 LAST KING STRL.LT - SIIIPPLNSDUNG. PA 11257-ISDI
the Defendant's pension benefit through the Pennsylvania State Police, as the Defendant
retired from the Pennsylvania State Police during the calendar year of 1997.
6. Plaintiff has fully complied with all terms, conditions and obligations of the
marital settlement of separation agreement above referred to.
7. Plaintiff has demanded on various occasions both individually and through legal
counsel that the Defendant comply with the provisions of the above referenced marital
settlement, but Defendant has steadfastly refused to do so.
WHEREFORE, Plaintiff prays this Honorable Court enter judgement against the
Defendant for the full sum of seventy-five thousand dollars ($7,500.00) plus interest, cost
and legal fees, and such other relief as this Honorable Court may deem necessary.
MARK, WEIGLE AND PERKINS
e A. Wei e, Esquire
At mey for Plaintiff
ID# 01624
126 East King Street
Shippensburg, PA 17257
717-532-7388
Date:
MANN. WFIOLr. AND PLRMINS - 4710RNLVS Al LAW - 124 LAST RING SIRLLI - SNIPPLNSBURG. VA 19251.1307
ii
VERIFICATION
1 verify that the statements made in the foregoing Complaint are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
4904, relating to unworn falsification to authorities.
Sarah J. Davis, h aintiff
Dated:
MARK, MIG.1. AND PLPKMN - A11014N1-.VS Al LAW - 126 I:ASI KING STNICI' - SIIIPPI.NSNUNG, PA 17297 13V2
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
SARAH J. DAVIS,
Plainitiff,
V.
DONALD J. PAUL,
Defendant,
CIVIL ACTION - LAW
NO. 99-3233 Civil
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
Donald L. Flagle, II, State Constable, being duly sworn according to law, deposes
and says that on 9 Ljwc ,1 999 he served true and attested copies of
Notice and Complaint upon the Defendant, Donald J. Paul, by personally hand serving
the same to him at his residence located at 1380 Baltimore Road, Shippensburg,
Cumberland County, Pennsylvania 17257.
Donald'L.Flagle, ll
Sworn to and sgbscribed b
me this GV day of
Notary Public
Rwrdi R Wdla'4 Nowt' ?
F,Ett taou+h
to. Z*VV1
1999.
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MALIK. WI.KA 1: AND III.NKINS - AitORNRYS AT LAW - 12(, I?AS1 KIN" S714111 61111-1'1. NSIIURG, PA 1]25]-139]
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
SARAH J. DAVIS,
Plaintiff, )
Vs. )
DONALD J. PAUL )
Defendant )
CIVIL ACTION - LAW
No. 99-3233 CIVIL
ANSWER TO CIVIL COMPLAINT
AND NOW, comes Defendant, Donald J. Paul, an individual, by and through his counsel,
Larry K. Meminger, and files his answer to the Plaintiffs' Complaint as follows:
1. Admitted.
2. Admitted.
3. Admitted in part denied in part. There was a divorce between the parties dated July
22, 1987, however no copy has been attached to verify same.
4. Admitted in part denied in part. There was a property settlement agreement in
coniunrtion with the divorce, however there was no exhibit attached to verify same.
5, a. Denied. The four thousand dollars ($4,000.00) was paid to the Plaintiff at
settlement on June 19, 1987.
b. Admitted.
6. Defendant is without knowledge or information sufficient to form a belief as to whether
the Plaintiff has fully complied with all terms, conditions and obligations of the marital settlement
or separation agreement entered into by the parties.
7. Denied. The Defendant has offered to the Plaintiff the three thousand five hundred
dollars ($3,500.00) that is due the Plaintiff, but to date the Plaintiff has refused to accept the
amount due.
WHEREFORE, Defendant, Donald J. Paul, respectfully request that this Honorable Court
enter judgement in his favor and against the Plaintiff and dismiss Plaintiffs Complaint with
prejudice and further award Defendant all such other relief as is proper and just.
Date: >
attorney for the ilakidai
173 Lincoln Way East
Chambersburg, PA 17201
717-261-5799
Atty. I.D. # 80506
I verify that the statements made in this Answer are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section $904, relating to
unsworn falsification.
Date: lr / By ?t772ct f'p?
Donald J. Paul - ?Y %?1
CERTIFICATE OF SERVICE
1, Larry K. Meminger, Esquire, do hereby certify that a true and correct copy of the
Answer to Complaint in the above captioned matter was placed in the United States Mail, postage
prepaid in Chambersburg, Pennsylvania on June 10, 1999. On the following:
Jerry A. Weigle, Esquire
126 East King Street
Shippensburg, PA 17257
( Attorney for the Plaintiff)
Date: June 10, 1999 Respectfully submitted,
? uaauuciauui8, rn i 14VI
717-261-5799
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126 I:.a AIN• SI MII I. K9II'PI ??NI NL. P1 .... 17257 1:i:rwi%1 17171532.7tXX f1?: 17171 SJ2??SR
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
SARAH J. DAVIS, CIVIL ACTION - LAW
Plainitiff,
V. NO. 99 - 3233 Civil
DONALD J. PAUL,
Defendant.
PRAECIPE FOR ENTRY OF JUDGMENT
To the Prothonotary:
Please enter judgment on the arbitration award of Three Thousand Five Hundred
Dollars ($3,500.00) entered in the above captioned matter by the Board of Arbitration on
July 19, 2000, pursuant to PaRCP 1307 (c). ,
Dated: o
(, Jerry A. eigle, Esqt
Counsel for Plaintiff
p
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WEIGLC. PERKINS 6 ASSOCIATES - ATTORNEYS AT LAW - 126 CAST' KING STREET - 5111I1PEN5OVRG, PA 17257-1797