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Home My WebLink About99-04434i L u 2 ti F Q ?a a JUN-16-2000 10:34 JACOBSEN 8 MILKES 717 249 8427 P.02 Samuel W. Milkes Andrea C. Jacobsen JACOBSEN & MILKES .12 Past High Street Carti%le, PA 17013 3085 June 16, 2000 Dale F. Shughart, Jr., Esquire 35 East High Street Suite 203 Carlisle, PA 17011 Re: Coons v. Varner, No. 99.4434 Dear Dale: Tel 717-249-6427 Fax 717-249.8427 I am writing to follow tip on our telephone conversation of yesterday afternoon. This in to confirm that I will be filing a Praecipe to discontinue the above action as Mr. Coons has informed me that he does not wish to pursue it further. The matter is now set for a hearing before your arbitration panel Monday at 2:00 p.m. It is my understanding that I will not he able to file the Praccipe until you communicate to Judge Hoffer by letter that the pane! needs to be released and he then enters an Order to that effect. It is also my understanding that under this prmedure, you will be compensated as chair of the panel. I am in agreement that the hearing should now be cancelled but I felt it was not appropriate for me to do so. I have informed Ron Turo, however, of the status of the case. Thank you for your consideration. Very truly yours, JACOBSEN & MILKES BY: Samuel W. Milkes SWM/asg (corr)0616sh ugha r t. coo TOTAL P.02 TIN-16-2000 10:59 717 219 9127 97% P.02 ANTHONY COONS, JR. PLAINTIFF V. GERALD VARNER, SR. and GERALD VARNER, JR. DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4434 CIVIL - LAW 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: Samuel W. Milkes. Esq. counsel for the plaintiff/min the above action (or actions), respectfully represents that: I. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 25.000.00 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: Satmtel W. Milkes, Esq. and Ron Turo, Esq. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respgr?fullywesEsq. 'Samuel W. JACOBSEN fi MILKED ORDER OF COURT AND NOW, 74 , in consideration of the / foregoing petition,, Esq., Esq., and sq., are appointed arbitratd s in the above captioned action (or actions) as prayed for. 7 4 Y i N _ 1 PJ ;,, f" l ?' , ?;? `? v n? ? ? ? ?' ?? ?? ? v DALE F. SHUGHART, JR. ATTORNEY AT LAW 35 EAST HIGH STREET SUITE 203 CARLISLE, PENNSYLVANIA 17013 Telephone (717) 241-4311 Facsimile (717) 241-4021 OF COUNSEL HAMILTON C. DAVIS ASSOCIATE JOHN J. BARANSKI, JR. LEGAL ASSISTANT BONNIE L. COYLE June 16, 2000 Samuel W. Milkes, Esquire 52 East High Street Carlisle, PA 17013 Jeffrey W. Bechtel, Esquire 1401 North 7th Street Harrisburg, PA 17102-1110 Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Mark A. Denlinger, Esquire Ten East High Street Carlisle, PA 17013 RE: Coons v. Varner Arbitration June 19, 2000 at 2:00 p.m. Gentlemen: The above referenced arbitration scheduled for Monday, June 19 has been cancelled. Very truly yours, Dale F. Shughart, Jr., Chairman Board of Arbitrators DFS,JR/bc ANTHONY COONS, JR., Plaintiff V. GERALD VARNER, SR., and GERALD VARNER, JR Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4434 CIVIL CIVIL ACTION - LAW NOTICE OF HEARING BY BOARD OF ARBITRATORS You are hereby notified that the Board of Arbitrators appointed by the Court in the above captioned case will sit for the purpose of their appointment on Monday, June 19, 2000 at 2:00 p.m. in the Hearing Room, 5th Floor of the Cumberland County Courthouse, Carlisle, Pennsylvania. Dale F. Shughart, Jr., Esquire Jeffrey W. Bechtel, E quire Mark A. Denlinger, uire By: DATE: March 15, 2000 TO: Samuel W. Milkes, Esquire 52 East High Street Carlisle, PA 17013 Ron Turo, Esquire 32 South Bedford Street Carlisle, PA 17013 Jeffrey W. Bechtel, Esquire 5016 Murfield Place Mechanicsburg, PA 17055 Mark A. Denlinger, Esquire Ten East High Street Carlisle, PA 17013 4?!l4LU, U1'., Board of Arbitrators Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Cr2 iMONWEALTN Of PENNSYLVANIA COURY OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM 7- 13. 9 9 DISTRICT JUSTICE JUDGMENT COMMON PLEAS N. g q_ L y y 3 y (24 n'a TkJ„ 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. I MAO enT. Na OR WW of Dl. Gerald Varner, Sr. and Gerald Varner, Jr. DJ Shulenberger 326 Doubling Gap Road 2i CODE Newville PA 17241 7/8/9Anthony Coons, Jr. Varner Gerald wSr & Gerald Jr. Cv 19 79-99 lnis 01OCR win oe Ugnea UNLY when this notation is required under Pa. R.C.P.JP. N If appellant WaS CLAIMANT (See Pa. R.C.P.JP. No. 1008& This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after Signature of Prothonotary a Deputy tiling his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This Section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPEs To Prothonotary Enter rule upon Anthony Coons, Jr. Name of ,app lee(s), eppelkMsl to file a complaint in this appeal (Common Pleas No. 9Q• yy `/ L Z % ) within twenty (20) days after service of ru suffer t 1u ment of non pros Anthony Coons, Jr. gnatwo or atlpe ettomey or agm# RULES To appellee(z). Name of aJpelJxYsl (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 9 service was by mail is the date of mailing mss,, Dale: 7 7 2 . 19q 17. -Cl? 6L /VLECPl Q r somfure or mw-xfty y o Dwuty AaPC 312.84 COURT FILE TO 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) DAYS AFTER filing the notice of appeal. Chock applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ;3* AFFIDAVIT: I hereby swear or affirm that I served ? a copy of the Notice of Appeal, Common Pleas No._, upon the District Justice designated therein on (date of service) , 19_, ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. and upon the appellee, (name) on 19_0 by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. ? and further that l served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on -, 19- ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 19- Signature of offlowal before whom aeieavil was made Title of official My Commission expires on 19-. Signature of effiant C) C r.n w Zr u N n f.. r x ; TI i Iv V? F ? 4. W w W C V+ F ? C v\ COMMONWEALTH OF PENNSYLVANIA rniINTynF• CUMBERLAND 09-3-02 DJ Name Npn. HELEN B. SHULENBERGER App'°" P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA eeieppo.. (717) 776.3187 17241 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME enp ADDRESS 'COONS JR, ANTHONY 116 E. ORANGE ST. SHIPPENSBURG, PA 17257 L J VS. DEFENDANT: NAME AM era ADDRESS 'VARNER SR, GERALD, ET AL. 1 326 DOUBLING GAP RD NEWVILLE, PA 17241 GERALD VARNER SR L J 326 DOUBLING GAP RD DocketNo.: CV-0000079-99 NEWVILLE, PA 17241 Date Filed: 6/14/99 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PL.ATNTTPP ?X Judgment was entered for: (Name) rnrnva TR ANTwnmv Q Judgment was entered against: (Name) yARNEg eR ra.RAT.n in the amount of $ 2, 212. in on: (Date of Judgment) 7/nR/og Defendants are jointly and severally liable. (Date & Time) ? Damages will be assessed on: ? This case dismissed without prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 $ F1 Levy is stayed for days or ? generally stayed. 11 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 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. r-9) Date z District Justice I certify that this is a true and 0'6rrect copy of the record of the p ceedings containing the judgment. Date , District Justice My commission expires first Monday of January, 2000 SEAL Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Judgment Total AOPC 31599 0 `-?' ?w COMMONWEALTH OF PENNSYLVANIA COUNTY OF: Cu"EML AND Map Dal No 09-3-02 DJ Now Hon HELEN B. SHt7LENBERGER 'oora's P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA releowo. (717) 776-3187 17241 NOTICE OF JUDGMENT/ TRANSCRIPT PLAINTIFF: CIVIL CASE NAME eetl ADDRESS rCOONS JR, ANTHONY 116 E. ORANGE ST. SHIPPENSBDRG, PA 17257 L J VS. DEFENDANT: NAME am ADDRESS rVARNER SR, GERALD, ET AL. 326 DOUBLING GAP RD NEWVILLE, PA 17241 GERALD VARNER SR L J 326 DOUBLING GAP RD DocketNo.: CV-0000079-99 NEWVILLE, PA 17241 Date Filed: 6/14/99 9W THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAT IFF Q Judgment was entered for: (Name) _ rrnmg TR AwTwnTav 7x Judgment was entered against: (Name) vAUTrnu LTg r.RUaT.n in the amount of $ 2,2-42 _ in on: (Date of Judgment) 7/na/aa 7 Defendants are jointly and severally liable. (Date & Time) 7 Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 $_ ? Levy is stayed for days or ? generally stayed. D Objection to levy has been filed and hearing will be held: Amount of Judgment $ Judgment Costs $ Interest on Judgment $ Attorney Fees $ Total $ Post Judgment Credits $ Post Judgment Costs $ ------------ Certified Judgment Total $ 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. J 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, 2000 SEAL AOPC 31599 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: cunoaaci,[uyu Meg. DIN. No.: 09-3-02 DJ Nam: Han. HELEN B. SHULENBERGER Ada"aa' P.O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA 17241 T.Iepnow (717)776-3187 FILING COSTS $ tot", UV SERVING COSTS $ 0 (0) TOTAL $ GJ D ?l /v l N CIVIL COMPLAINT PLAINTIFF: NAME WADDRESS F Anthony Coons, Jr. 116 E. Orange Street L Shippensburg, PA 17257 VS. DEFENDANT: NAME am ADDRESS F'Gerald Varner, Sr. Gerald Varner Jr 326 Doubling Gap Rd. 608 North Middle F Newville, PA 17241 Newville, PA 17241 L F cet No.: C" e Filed: TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ 2,265.10 together with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated): Damages suffered for sale of a 1977 truck by Defendants to Plaintiff. The truck is unsafe and sold contrary to expressed and implied warranties: Purchase price $1,500.00 Transfer costs $ 206.50 Plaintiff's Towing Costs $ 5g.6 Additional Storage & Towing $ 500.00 f Samuel W. Milke s . verify that the facts set forth in this complaint are true and correct to the bestlof my knowledge, information, and belief. This statement is made subject to the penalties o Section 4904 of the Crimes Code (18 PA. S.C.A. § 4904) related to unsworn A13calionJ9,author 1M 9 Plaintiffs Samuel W. Milkes Address: 52 E. High Street Attorney: Telephone: , 717-249-6427 Carlisle PA 17013 IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABO\ TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU Of 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 at the 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•94 COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM 7- +?' 4S JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS N. 9 9_ y y 31/ r ' 17- 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 an the dab and in the case mentioned! below: Gerald Verner, SE, and Gerald Varner, Jr. W Shulenberger ADDRESS OF APPENANr OIY SmFE 2P 326 Doubling Gap Road Newvllle PA 17241 DATE T N tNE Of (N'Mnn ! MCSi!! 7/8/99 Anthony Coons, Jr. vs VarnerEw Cerald Sr., & Gerald Jr. ?NQ SIGNATURE OF PELL T OR H ATTORNEY OR AGENT CV 19 79-99 _ / IT 19 ff :S. Ines block will be signed ONLY when this notation is required under Pa R.C.P.1.P. Ne+,) If appellant was CLAIMANT (see Pa. R.C.P.JP. No. 1008& v This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after Signature of Ro(honotary or Deputy tiling his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be, served upon appellee). r PRAECIPEL r To Prothonotary Anttq @a[uasy nlrkY.., cA .:r • :.> Enter rule upon T I /app lee( s), to file a complaint in this appeal (Common Pleas No 3 `/ TGe..-- within twenty (20) days after service of suffer nt 1u eM of non pros. Bgen1 RULES To appellee(s). 61 uignetwe of app! his !Hom ey ar Anthony Coons, Jr. NInIB of alpeleMsl (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 mailing Date: td J.2 , 19G of Prodman v or rJgouly SOWure JOPC 312-8/ COURT FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTYOF CUMBERLAND ;es AFFIDAVIT: I hereby swear or affirm that l served ?- a copy of the Notice of Appeal, Common Pleas No. upon the District Justice designated therein on (date of service) July 22 , tg99 , ? by personal service by (certified) O mail, sender's receipt attached hereto, and upon the appellee, (name) Anthony Coons. Jr, , on 1922 by personal serviceAby (certified) (ems) mail, sender's receipt attached hereto. and further that l served the Rule to Filea Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on July 26 , 7999 ? by personal serviceXby (certified) Q20ftiesel) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME / THIS 22nd DAY OF July 19 99 / C Signature of affilent ?f?r- Ge who L - LL ?le( NOTARIALSEAL posture Of olliciel before who affidavit wa made RISTEN MIN CnLI'p'?pINQE'R', Notary Car0il Being, cum 11111 Canty PA Title My of official rw-innission Nov. 1 . ? My commission expires on ?? l3 d7G?? Varner Appeal Z 452 476 391 r' P. `o Q O Go E s a US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. ne not n Inr InIn ..ti-I \ha IC....-? ?P ony Coons, Jr. Slreel a Number 116 Fast Orange Street Past Office, state, & ZIP Code Shi nsburg, PA 17257 Postage 1$ .33 Garlified Fee 1.40 Speoal Delivery Fee Reslnned Delivery Fee Return RBC®PI Showing to Whom 6 Dale Delivered 1.25 Rehm RKmn Stowing m Whom Dale, A AdaessMs Adom, TOTAL Postage d Fees $ 2.98 Postmark or Due July 1999 Varner Appeal Z 452 476 392 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail fSee reverse) ?ff"Helen Shulenberger Slmel d Number 27 West Big Spring Avenue Post Ollice, stale, & ZIP Code Newville PA 17241 Postage $ .33 Cemhed Fee 1 .40 Seeaal Delivery Fee Resindne Delivery Fee Return Receipt Showing to Whom A Dale Delivered 1.25 Perim RweV growing to Whom, Dale, h Addessee's Abbess TOTAL Postage A Fees $ 2.98 Postmad or Date July 22, 1999 m 2 n Q O O tD t7 0 a ANTHONY COONS, JR. IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-4434 GERALD VARNER, SR. and GERALD VARNER, JR. DEFENDANTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: 717-249-3166 ANTHONY COONS, JR. IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-4434 GERALD VARNER, SR. and : CIVIL ACTION - LAW GERALD VARNER, JR. DEFENDANTS COMPLAINT AND NOW comes Anthony Coons Jr., by his counsel, Samuel W. Milkes, Esquire, JACOBSEN & MILKES, and states as follows: 1. The Plaintiff, Anthony Coons, Jr. is an adult individual residing at 116 East Orange Street, Shippensburg, Cumberland County, PA 17257. 2. The Defendant, Gerald Varner, Sr. is an adult individual residing at, and/or doing business at 326 Doubling Gap Road, Newville, Cumberland County, PA 17241. 3. The Defendant, Gerald Varner, Jr. is an adult individual residing at, and/or doing business at 608 North Middle Road, Newville, Cumberland County, PA 17341. 4. On or about May 5, 1999, the Defendants placed an ad for the sale of a 1977 Ford truck, through the Sentinel newspaper. 5. The Plaintiff responded to this ad, by telephoning the telephone number set forth in this ad. 6. In response to the telephone message, or Caller ID message left as a result of the Plaintiffs telephone call, the Defendant, Gerald Varner, Sr., returned the telephone call about the truck. 7. Gerald Varner, Sr., at that time, told the Plaintiffs grandmother that the truck was in good condition and would pass the state-required inspection. 8. As a result of this telephone call, the Plaintiff again called the advertised telephone number and spoke with Gerald Varner, Sr. At that time, the Plaintiff learned that the truck could be observed by coming to Mr. Varner Sr.'s place of residence and place of business at 326 Doubling Gap Road, Newville, Cumberland County, PA. 9. The Plaintiff came by that location and observed the truck. Because he had been told that there was another prospective buyer for this truck, and that the first one to indicate a willingness to purchase the truck would be able to do so, the Plaintiff left a deposit for the truck at that time. 10. The advertised sales price for the truck was One Thousand Five Hundred Dollars ($1,500.00) and the Plaintiff expressed his intention to purchase the truck for that amount. 11. The Plaintiff then met with Gerald Varner, Jr., at 326 Doubling Gap Road, Newville, to look over the vehicle. At that time, Gerald Varner, Jr. stated that the truck was generally in good condition and that it would pass the state-required inspection. 12. At the time of the sale, the vehicle was not inspected and could therefore not be taken for a test drive. 13. Based upon, and in reliance upon the representations made by the Defendants, the Plaintiff decided to purchase the vehicle. 14. The Plaintiff and Gerald Varner, Jr. completed the required paperwork, for transfer of a motor vehicle, at Sollenberger's Messenger Service in Shippensburg, PA. At this time, the Plaintiff completed the payment of the One Thousand Five Hundred Dollar ($1,500.00) purchase price and also paid Two Hundred Six Dollars and 50/100 ($206.50) for various transfer and sales tax costs. Copies of relevant documents are attached. 15. The Defendant, Gerald Varner, Sr., at all relevant times, held himself out to be an agent and/or a party having an economic interest in the truck to be sold, by the following actions: a. The telephone number listed for the sale of this vehicle was Gerald Varner, Sr.'s telephone number; b. Gerald Varner Sr. offered information about the truck, and its condition, when he communicated with the Plaintiff and/or members of the Plaintiffs family; c. The location where the vehicle was made available to look at, and all negotiations and transactions occurring with regard to this vehicle, other than at Sollenberger's Messenger Service, took place at Gerald Varner, Sr.'s place of business and residence; d. Mr. Varner, Sr. participated in or made the decision to contact the police about the return of this vehicle and took action to have the vehicle towed to a salvage yard; and e. It is believed and therefore avered that one or more of the amounts tendered by the Plaintiff in this transaction were deposited in the account of Gerald Varner, Sr. or provided to Gerald Varner, Sr. 16. After the sales transaction described above was completed, the Plaintiff learned of significant defects in this vehicle, which would cause it not to be capable of passing the state-required inspection without major work to be performed. These defects included cracks in the frame of the vehicle, rusting out of the floorboards, rusting in other locations, steering problems, and other problems. 17. The Plaintiff obtained a statement from Interstate Body Shop, a copy of which is attached, describing the repairs that would be necessary and the price of these repairs, in order for this vehicle to pass inspection. They total One Thousand Eighty- six Dollars and 50/100 ($1,086.50). 18. Upon learning of these problems, the Plaintiff contacted the Defendants by providing them with a copy of the June 3, 1999 letter from Samuel W. Milkes, counsel for the Plaintiff. A copy of this letter is attached. 19. On June 3, 1999, the Plaintiff had the truck towed to the place where it was purchased, 326 Doubling Gab Road, Newville, and the Plaintiff left the vehicle at that location, with the above-referenced June 3, 1999, letter and the keys to the vehicle. 20. At that time, the Plaintiff specifically rejected acceptance of this vehicle for the reasons that the implied and expressed warranties associated with the sale of this vehicle had been violated and that the vehicle had been sold by the making of fraudulent misrepresentations by the Defendants. 21. Both Defendants are very familiar with this vehicle and have some knowledge of automotive mechanics themselves. One or both of them have worked on this vehicle at various times, including having worked on the vehicle in locations where the major defects described above would have been known and observed. 22. After Plaintiffs return of the truck, instead of retaining the truck on the property, where it had been located before the sale transaction, Gerald Varner, Sr. and Jr. took steps to have the vehicle towed to a salvage yard, where a towing charge was incurred, daily storage fees were incurred, and where the vehicle was impounded, to be sold as salvage, unless these costs were paid. A copy of a notice connected with these occurrences is attached. 23. Mr. Varner, Sr. and Mr. Varner, Jr. both have places where the vehicle could be kept, without the necessity of having incurred these costs and consequences. 24. The vehicle has now, presumably, been sold as salvage and none of the proceeds have been made available to the Plaintiff. 25. As a result of the above described conduct of the Defendants, the Plaintiff has suffered the following damages: a. The sales price of $1,500.00; b. The transfer cost and the sales tax cost of $206.50; c. The towing cost to return the vehicle of $58.60; d. Continuing storage and towing cost, amounting to in excess of $500.00; e. Costs in the filing of the Complaint at the District Justice level and at the Common Pleas level. 26. Following a hearing before District Justice Shulenberger, a judgment was entered in favor of the Plaintiff in this case, on July 9 1999, in the total amount of Two Thousand Two Hundred Thirty-two Dollars 10/100 ($2,232.10). 27. The Defendants filed a timely Appeal to this judgment. 28. Since the time Plaintiff communicated to Defendants that he would not keep the truck, he has continually offered to transfer the title back to Gerald Varner, Sr. He also stated this at the District Justice hearing. 29. The Defendants have not retrieved the truck from the salvage yard, to which they had the truck towed and they have been unwilling to accept transfer of the truck back to their ownership. 30. The Plaintiff has suffered total damages in an amount less that Twenty-five Thousand Dollars ($25,000.00), as specified above. WHEREFORE, for the above referenced reasons, Plaintiff respectfully requests of this Court that it order judgment in his favor, for the damages specified above, and it grant such other relief as may be just and proper under the circumstances. Respectfully submitted, ? BY: Samuel'%'. Milkes JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 (717) 249-8427 - Fax Attorney No. 30130 I hereby verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the Penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: %5Ac C? &' ANTHONY COONS, JR. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION BUREAU OF MOTOR VEHICLES ABANDONED VEHICLE UNIT HARRISBURG PA 17122 DATE JUNE 21, 1999 CONTROL N: 0444014 99172 2192 000976 001 2192 ANTHONY L COONS JR VEH MAKE: FORD 116 E ORANGE ST MODEL YR: 77 SHIPPENSBURG PA 17257 VIN NO: F14HEX84233 VEH BODY: TRUCK TITLE: 28602721 STATE: PA THE ABOVE VEHICLE WAS DECLARED ABANDONED BY CARLISLE PSP POLICE DEPARTMENT AND IS NOW BEING HELD BY THE SALVOR LISTED BELOW.. IF, AFTER 30 DAYS FROM THE DATE OF THIS NOTICE, THE VEHICLE IS UNCLAIMED, IT WILL BE DISPOSED OF AS PROVIDED IN CHAPTER 73 OF THE VEHICLE CODE. IF THE VEHICLE IS CLAIMED, THE OWNER OR LIENHOLDER MUST PAY ALL TOWING AND STORAGE CHARGES, PLUS A 825.00 FEE TO THE SALVOR. THE SALVOR WILL FORWARD A $10.00 FEE TO THE COMMONWEALTH. FAILURE OF OWNER OR LIENHOLDER TO RECLAIM THE VEHICLE SHALL BE DEEMED CONSENT BY OWNER AND/OR LIENHOLDER TO THE DESTRUCTION, SALE OR OTHER DISPOSITION OF THE VEHICLE, FREE AND CLEAR OF ALL LIENS AND CLAIMS. THIS IS YOUR ONLY LETTER OF NOTIFICATION. WHEN REFERRING TO THIS VEHICLE IN ANY CORRESPONDENCE, USE THE CONTROL NUMBER INDICATED ABOVE. SALVOR: DARNS SALVAGE YARD 19 CREEKVIEW ROAD NEWVILLE PA 17241 THE SALVOR WORKS ONLY BY THE DIRECTION OF THE POLICE. IF YOU HAVE ANY QUESTIONS, PLEASE FEEL WELCOME TO CONTACT THE POLICE DEPARTMENT LISTED ABOVE. SINCERELY ABANDONED VEHICLE UNIT BUREAU OF MOTOR VEHICLES JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013-3085 Samuel W. Milkes Andrea C. Jacobsen Tel 717-249-6427 Fax 717-249-8427 June 3, 1999 Mr. Gerald Varner 326 Doubling Gap road Newville, PA 17241 Dear Mr Varner: Please be advised that I represent Anthony Coons with regard to the 1977 Ford truck he recently purchased from you. This is to advise you that Mr. Coons hereby formally rejects any acceptance of this truck. He is returning it to you. The truck was purchased with the understanding that it would pass the state required inspection. It was also purchased with the understanding there were no structural defects associated with the vehicle. Mr. Coons has discovered that the frame to the truck is cracked. He has also discovered that it will cost well in excess of $1,000 for the truck to pass inspection. Attached you will find a copy of an estimate from Interstate Body Shop, detailing the work that needs to be completed in order for the truck to pass inspection. You will note that the last two items, relating to the turn signals and the horn, are not priced, since the cost will depend upon what needs to be done to repair these items. Therefore, the total estimate of $1,086.50 is not complete. Upon receipt of a refund of the $1,500 paid to you, Mr. Coons will transfer title back to you. We can accomplish this by your forwarding this amount to my office. I will hold the money, and not release it to Mr. Coons until title has been transferred. If we have not received this refund by June 11, 1999, we will be filing a compliant at the District Justice. At that time, we would be requesting that you pay the damages suffered by Mr. Coons, which include not only the $1,500 paid for the truck but also the title fees and sales tax, totaling over $200 in additional costs. What I am saying is that if you pay back the $1,500 by June 11, you will avoid these costs, as well as our request for attorney fees and costs of the District Justice action. Very truly yours, JACOBSEN & MMIILKES Y: Samuel W. Milkes 4? 4 cg ay S? fill! 27.1 c fi 2_. g ??d N pop ? ei p a A ? m ^1? ?N Q h N a% zq mLL ,? m s 1° a n . Ya Hn N ? ?F 'C c ¢n ° • d m Sm ?? Ib c O ? 0 m Q r a_ S N x, N z 'o a Y W x U Y W U ? -a L J U' R J :5 S li .'? O C J .::1 JC r: ;? a D u L N J - tD !'i Z 0 \ J m n g i 0v^ ? '. N j ?i ''? F O y F Q F f O p 0 U ¢ - m LL Q K7 Ji N W - - o - U y a " 3 W co U W ' 1_I w J Q L i ~ - r v w a ? co o LL v; y r C O 1 ^! ? L J t : O Ui C FE ^• L. U O Y 0 O F '_ N U > > a O w U N W N U Ila s € S? .c US- AN e N WOW np a ?n - Q aC w om =b aw ? `m on Z C n . 26 Ml ¢ ^ yE 9N ` Q am M ^m rn^ $n 5 ?f a o° r m r O a_ Vl O J m -U rrU u O a U U Y U U R a - - w L7QN a w w O ' .. J Z 9 O U 3 O ¢ ¢ W .J ? LL O 6 m J 1 w -' .o - U ? 2 O - w U - - 2 is 3 m W s - _ =1 T w - G m F' Z ? - Q a -? v L ? G r_ A J LL O ¢ m _ 0 F m __ a O u z N W H N u Messenger Service Receipt SOLLENBERGER'S MESSENGER SERVICE INC. 408 EAST KING STREET SHIPP'ENSBURG, PA. 17257 717-532-3764 Invoice #: 21935 Date: 05/14/99 Time: 06:39 PIyl For: ANTHONY L COONS JR 116 E ORANGE ST SHIPPENSBURG, PA 17257 717-532-6965 Clerks Initials: JMW File Name: SHIPP99 Title # or, Date of Birth- 28602721003 VIM or Driver's Number -Tag Number or Eye Color : ZS;132IS 8 Year-Make at, Soc. Sec.# : Transaction : Tema Tan Deal Odometer : 0 Comments: MAIL This item will be Mailed to you. WARNING: Bureau regulation require that any item left in our office for 60 days be returned to the Bureau of Motor Vehicles as unclaimed. I/We swear that I/we have applied for the above item(s). Sworn & subscribed to before me on 05/14/99 Notary Seal State Fees Title Fee ............. 22.50 Encumbrance Fee....... 0.00 Tag Transfer.......... 0.00 Registration.......... 58.50 Dup. Fee .............. 0.00 Increase Fee.......... 0.00 Replacement Fee....... 0.00 Tax-On $1.500.00.... 90.00 0.00 0.00 Total State Fee....... 171.00 Check # ............... 123 Commonwealth of Pennsylvania Service Fees Messenger, Fee......... 0.00 Temp Tag Fee.......... 10.00 Notarv Fee............ 0.00 Copy/Fax Fee.......... 0. LAO Document Fee.......... 25.00 Check or, M.O. Fee..... 0.00 MAIL 0.50 0.00 Total Service Fee..... 35.50 Service Fee Check #... 124 SOLLENBERGER'S MESSENGER SERVICF Grand Total........... 206.50 Total Due ............. 35.50 Amount Paid........... 35.50 Paid in Full No Refunds on Service or Notary fees. We are not State fails to process. r': 4 . fY <No ,2637616 aw?Q .'h r.... /t;jlL'/ M TIRE NAIMBER (A9 BHO'Mi DN ATTACHED TmE) MAKE VEI•rJ R MODEL YFaR.. VEHCLE n)ENTFGTION NUMBER ?)'iSae nobmawM) ?q vc?•TI NVliA?' - N x c. f a 3 3 DGNd oN ?ss 6, NAMEI ULL U IN NM1) I ???GOOO ?FAW ?tVOn TRADE-N •'l r1 ^..? ?rT?•I r•?. S / I MI ItYIIA? - eR?y ca-SEDER A 1 f r" 1.7r C.i'?'? ' •... tf ,. Babe iu D] C, LART ill I FULL -BUSINESS NAME) MST NFME MIODIEW 8w i•bmmernl. O -Tr I /nI DATE IGOI11RE0/(' to h?t?(' CO•PURGW45EOO? /GQO rr?CS STREET 1 } COUNTY 000E .. . Fee . !' 1 STATE ZIP CODE T /J REFER" rAM11Y LOOEv ? tsrr,D ??• •.• 1OJ-P/)i`JiJ(!, `CY I ? ?'? ONREVFJ6E SOE Gum , '? v FINI coot Fe. ( p. LAST NAME IONLFULL aUSIN SS NAME) Fj FIRST NM1E MOOLE IN •/..1 n1AL GATE ACOUWED/ 77 FVRCHASED A. Reebtretlonm " - •' C6PIIPCNASER Fmo a Fee ,J O ..•.. r1 V r Fi• E•ngNeM•i 1 SIREEr aea.ln?°dOC?? 1 y - CRY ,: - N Fa CeeA STATE LP CODE '? IYOOpE USPNOm S B. TremAr Foe '- O`PIW COVRErVFIl5E !3110E E. MAKE OF VEHICLE VEHICLE IDENTIFICATION NUMBER f • • 1:^ yQyQxxqq T. Vlelo•x Fm },3 I MODEL YEAR BODY TYPE(CP. TK ETC) CONDITION SSpppppp a Repk e r .,. ? GOOD ? FAIR Fee POOR F El ?T,R,OF. PLAIE}p'BE ISSUED BY PREVIOUSLY L.SI.ED RATE^^'-',,. TOTAL PApq• B' 10. PMROO N. . ? TRANSFER 8 RENEVML OF PLATE ^ (1411 tlw01 ?? ?I /. ?7 . ? TRANSFER B RERIGEAENr OF / c., . /N"..;yTAGllE0.) PLATE om y Q M E=E=70 BE ? TRANSFER OF PLATE L'REPLACEMENT OF SnrJTR I1.GiWD 70AL Gqy, M ? ? / • ? .: 19IAm BA 101 TNe AR y ".IEMPOTWtT'RATE T Oil REPLACEAIEM :63UED BY FULL AGENT E%PBES - _ ?cFFN® ?SPMEN n'NEVER RE NEa pkKkb«•rled tnw, bm MV-M. ( IHAASFTRREOFROMTnLENO. ? NOTE?VIN vmoM PLATE b BEFq TIWeB• fELATKNJSHwro APPUGIPTT VEI1ClE FURCFIA,9ED G FEAREDIF Onp1 T1 W IGHt . .. ?IOIIT INFO. .bv UNLADEN DF.N IYF.KITf REG?GPOSS WL EO REB GROSS COMB WT. IF D(? OAD REQFIAPP BE) COMPANY NAME FFNgO 1ppp,'`? my? ppN s 1 v "lC / J v l .t I DPApTE1 EF?FE ; /., .?r. pART E''YR` ISSUM. CERTIFY IiW ON MONTH DAY YEAR NFT IPRam NMEI )- /[ AGENT I HAVE CHECKED TO DETERMINE T THE r? ! I I ' { ?? ry i ?GENT,NO_ . PFOR ISSUED TEMPORARY REGISIRA ABOVE W ?.] - ) MATKKJ COMPUANCB WRH ALL APPLK:ABLE pgOMSIORS aF TIE VEIOCIE LSSUINC AGEM SIONANRE IELERIONE NO.- AND DEPARIMENr REGULATIONS / -F .. / ?. ? ?/ I/YrE CF.RrIFY THAT IPNE HAVE EJtN.11NED AND SIONEp 1HI$ FORM AFTER fR COMPI.E / % / / -_?/ (? /) 1 G. 19 CLAAEB THE PURCWSER FURRIER CERTFES THAT TIE/SHE S Amp TO T ' TRAT THE WFORIMTKk! GIVEN 19 TRUE ANO CORRECT. IF AN EXEMPTION PRNLEGE(S) OR VEHICLE REOISINATIONIS) FIXi FAIWPE 70 MANDlI FWANCNL RE T/0.R FJEMPI%XI.1/wE ACKNOA'LEOGE TINT I/WE MAY LOSE MY/OUR OPERATING RELL44TMTION. 1/wE ACNNONT.EpGE TIa 1/N'E MAY BE SIAAIECT 70 A FINE NOT EXCEEp CURRENRY REGISTERED VEHICLE FOR THE PERIOD OF FALSE SMIEMEM TIWT 1/NIE 1HI3 FORM BAPPoBOM,ENT OF NOT MORE THAN TWO YEARS FOR ANY F « mde«AWXStreC•SIBe ' /.? d /CA' . S tl sy1F0a• of secptl Puldlew or AWlahep Sips TELEPHONE NUMBER sq n of Saw Nm- aNlrnoa of Co- Of &0-40, . _. ._ ._ sg•wea CoseFm H INOTE-Ifa co purchaser otheathen your spouse is listed and you want the title to be listed as 'Joint Tenants With Right of Survivd(ship,,(On Leath of one owner title goea to surviving owner.) CHECK HERE ?. Otherwise, the title +t??/?:?y will be leaned esTenants in Common (On death of one owner, interest of deceased owner as to his/her heirs or ".7?4 eatete)k+yj'?97?r?,a?.+'`?o°t4?'?4:'>bnrq,t,.,'?p r,?>•r? _. .: NOTE IF 7HE VEHICLE IS BEING TEASED. CIIECIC 7TU9 BIDCK ?•. IF BLOOC LS OHECIED. COMPLETE AND ATTMiI FOlal MV-IL F''i "^;r ,-.3I .H:+'`( • tiaYr+? ,1Sar,ri?ntloldcDRme a•rotlaalveB MESSENGER NUMSEfl: - `? I X 7' NiTF EBO?ts, plsm Lyl?rt Rnppt , 3 APPLICANTS COPY/TEMPORARY REGISTRATION (VALID FOR GO GAYS) >- a, Ll t:? 7 ANTHONY COONS, JR., Plaintiff V. GERALD VARNER, SR., and GERALD VARNER, JR., Defendants 1. Admitted. 2. Admitted. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4434 CIVIL TERM CIVIL ACTION - LAW ANSWER 3. Admitted. 4. Admitted and denied. It is admitted that Gerald Varner, Jr. placed an ad in the newspaper however, it is denied that Gerald Varner, Sr. had anything to do with placing the ad. 5. Admitted. 6. Admitted. By way of further answer, Gerald Varner, Sr. returned the call not knowing that the call was in reference to the truck. 7. Denied. Gerald Varner, Sr. told Plaintiffs grandmother that the truck was present for viewing at the location, that it belonged to Gerald Varner, Jr., that Gerald Varner, Jr. drove the truck and that the inspection has run out. He further told the grandmother that her grandson would have to talk to Gerald Varner, Jr. who owned the truck and knew its condition. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted and denied. It is admitted the Plaintiff met with Gerald Varner, Jr. to look over the vehicle however it is denied that Gerald Varner, Jr. told Plaintiff that the truck would pass the required state inspection. In fact, Gerald Varner, Jr. told the Plaintiff that the truck was not inspected, that it needed repairs however, Plaintiff told Gerald Varner, Jr. that he could get all the repairs made and that he would take care of the state inspection. 12. Denied. The truck could have been tested for a drive in the parking area or otherwise and Plaintiff refused even having been given an opportunity to take the truck for a drive. 13. Denied. Plaintiff purchased the truck based upon his own inspection, not based upon any oral representations made by Defendants concerning the truck. 14. Admitted. 15. Denied. This allegation is a legal conclusion to which no responsive pleading is required. a. It is admitted the telephone number was Gerald Varner, Sr.'s telephone number however Gerald Varner, Jr. did not have a telephone number and requested permission to use his father's. b. Denied. C. Denied. d. The Plaintiff parked the vehicle on Gerald Varner, Sr.'s property, after Plaintiff purchased and owned the vehicle, without the permission of Gerald Varner, Sr. who reported this to the state police. Further, the Pennsylvania State Police indicated the vehicle was abandoned and had it towed. e. Denied. 16. Denied and proof of the same is demanded. 17. It is admitted that the Plaintiff has attached an alleged statement. 18. Admitted and denied. It is admitted the Plaintiff sent a letter from an attorney to Defendants however it is denied that it was based upon the learning of "problems". 19. Denied. Defendants saw the Plaintiff drive the truck onto the property at 326 Doubling Gap Road where he shut off the truck which had a flat tire and his mother came into the parking lot and picked him up and they both sped away. 20. Denied. This allegation is a legal conclusion to which no responsive pleading is required. 21. Admitted and denied. It is admitted that Gerald Varner, Jr. was familiar with the vehicle however, it is denied that Gerald Varner, Sr. had any knowledge about the vehicle or ever worked on the vehicle. 22. Denied. The vehicle was abandoned by the Plaintiff without any legal justification and the Plaintiffs reported this to the State Police who had it removed by a salvage company. 23. Denied. 24. The allegations of this paragraph are not within the knowledge of the Defendants. 25. Denied. 26. Denied as irrelevant. 27. Admitted. 28. Denied and proof of the same is demanded. 29. Denied and proof of the same is demanded. 30. Denied and proof of the same is demanded. WHEREFORE, for all the above reasons, Defendants Gerald Varner, Sr. and Gerald Varner, Jr. respectfully request that this Court enter judgment in their favor and against the Plaintiff. E'/ 7 Date Respectfully Submitted TURO LAW OFFICES Ron Turo, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendants VERIFICATION I, Ron Turo, Esquire, attorney for the Defendants, Gerald Varner, Sr. and Gerald Varner, Jr., have sufficient knowledge of the facts contained in this Answer and verify that the statements made in the foregoing Answer are true and correct to the best of my knowledge, based upon information received from the Plaintiff. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date Ron Turo, Esquire CERTIFICATE f $ERVICE I hereby certify that I served a true and correct copy of the Answer upon Samuel W. Milkes, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the day of August, 1999, from Carlisle, Pennsylvania, addressed as follows: Samuel W. Milkes, Esquire Jacobsen & Milkes 52 East High Street Carlisle, PA 17013 TURD LAW OFFICES Ron Turo, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendants r CL, H ? Ul U ANTHONY COONS, JR. PLAINTIFF V. GERALD VARNER, SR. and GERALD VARNER, JR. DEFENDANTS TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4434 CIVIL ACTION - LAW PRAECIPE COMES NOW Anthony Coons Jr., by his counsel, Samuel W. Milkes, Esquire, JACOBSEN & MILKES, and formally withdraws and dismisses the Complaint filed in this matter, with prejudice. Please mark this case accordingly. Respectfully submitted, ' Y: Samuel lilkes JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 (717) 249.8427 - Fax Attorney No. 30130 Date: 6(A (co ANTHONY COONS, JR. PLAINTIFF V. GERALD VARNER, SR. and GERALD VARNER, JR. DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4434 CIVIL ACTION - LAW I, Shelley Eichelberger, hereby certify that a copy of the Praecipe in the above captioned matter was duly served upon counsel for the Plaintiff, Ronald A. Turo, Esq., by depositing it in the U.S. Mail, postage paid, on June 26, 2000, addressed as follows: Ronald A. Turo 32 South Bedford Street Carlisle, PA 17013 I hereby verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: (006/Go U Shelley Eic " elberger Ill: , i ) _ a+ n [fir C?l ] i ' :..7 iu i3.' „ d]a L O U ANTHONY COONS, JR., Plaintiff V. GERALD VARNER, SR., and GERALD VARNER, JR Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-4434 CIVIL CIVIL ACTION - LAW ORDER OF COURT AND NOW, this day of 2000, upon representation of Dale F. Shughart, Jr., Esquire that Plaintiff intends to discontinue the above captioned action, the Court hereby vacates its appointment of a Board of Arbitrators dated February 18, 2000. The Chairman, Dale F. Shughart, Jr., Esquire, shall be paid the sum of $50.00. By the Court, Samuel W. Milkes, Esquire for Plaintiff Ron Turo, Esquire for Defendant Dale F. Shughart, Jr., Esquire, Chairman, Board of Arbitrators Jeffrey W. Bechtel, Esquire, Board of Arbitrators Mark A. Denlinger, Esquire, Board of Arbitrators z4w?Q) -lc?u L -19-00 RKs 3 Y