HomeMy WebLinkAbout99-069284
Richard F. Ma£fett, Jr., Esquire
Supreme Court ID# 35539
Ma£fett & Associates
2201 North Second Street
Harrisburg, PA 17110
717-233-4160
Attorney for Plaintiff
RANDALL L. VOLPE,
Plaintiff
v
LESTER KIMMEL and WILLIAM SLICKER,
trading and doing business as
WILLIAMS EXCAVATING,
Defendants
NOTICE
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. gq-Cn9g
CIVIL ACTION - LAW
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(s). You may
lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DON'T 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
717-249-3166
NOTICIA
LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere
defenderse de estas demandas expuestas en las paginas siguier
usted tiene veinte (20) dias de plazo al partir de la fecha c
demanda y la notificacion. Usted debe presentar una aparienc
escrita o en persona o por abogado y archivar en la Corte en
forma escrita sus defensas o sus objeciones a las demandas er.
usted
contra de su persona. Sea avisado
prCorte tomaro ficsaY Puede cual uier ?e o alivio que es
previ o aviso o notiotificcion y por q ja
ustednero 0
ot osoderechos perustedder i
suslp r open peticion
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
UYA DIRECCION
VAYA AEN PERSONA O LLAME LPORNTELEFONOCAELAEOFICINAAC ?
SE E19CUENTF-A ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIER ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013-3387
717-249-3166
RANDALL L. WOLFE,
Plaintiff
v
LESTER KIMMEL and WILLIAM ELICKER,
trading and doing business as
WILLIAMS EXCAVATING,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 9 q- G 9_1 P r -
CIVIL ACTION - LAW
COMPLAINT
AND NOW, this 10*4\ day of N OV ere 1999, comes the
Plaintiff, RANDALL L. WOLFE, by h1 s attorney, Richard F. Maffett,
Jr., Esquire, of Maffett & Associates, and submits the following:
1. Plaintiff is an adult individual with a business address
of 6414 Carlisle Pike, Mechanicsburg, Cumberland County,
Pennsylvania, 17055.
2. Defendants Lester Kimmel and William Elicker are adult
individuals, engaged in a business partnership trading or doing
business as Williams Excavating with a business address of 85
Tannery Road, Dillsburg, York County, Pennsylvania, 17055.
3. On January 21, 1999, Plaintiff filed a complaint against
Defendants in the Cumberland County Court of Common Pleas,
indexed at No. 99-393, alleging breach of contract and unjust
enrichment and which sought payment from Defendants for
Plaintiff's services in construction of a sprint racing car for
Defendants, in the amount of Thirteen Thousand Five Hundred
Sixty-Two ($13,562.00) Dollars, and storage fees of $150.00 per
month for storage of the sprint car, together with interest and
costs.
4. At all times material to the instant matter through
September 15, 1999, Plaintiff retained possession of the sprint
racing car pursuant to a possessory artisan's lien as a result of
Plaintiff's efforts in constructing it.
COUNT I
BREACH OF CONTRACT
5. Paragraphs One through Four are incorporated herein as
if set forth at length.
6. On September 15, 1999, Plaintiff and Defendants entered
into a contract to settle the litigation indexed at No. 99-393,
entitled Mutual General Release, whereby Defendants agreed to pay
i
Plaintiff the sum of Seven Thousand ($7,000.00) Dollars in
i
exchange for Plaintiff relinquishing possession of the sprint car
to Defendants, and the parties agreed to release each other from
any and all claims and/or causes of action which each party might
have against the other. See Exhibit A attached.
7. On September 15, 1999, the Plaintiff fully complied with
all terms and conditions of the aforesaid contract entitled
Mutual General Release, and relinquished possession of the sprint
car to Defendants.
8. Beginning on September 15, 1999 and continuing
thereafter, Defendants breached the aforesaid contract with
2
Plaintiff entitled Mutual General Release, by failing to pay over
to Plaintiff the sum of Seven Thousand ($7,000.00) Dollars as
agreed.
9. Despite repeated requests, Defendants have failed and
refused to pay Plaintiff the Seven Thousand ($7,000.00) Dollars
due and owing to him.
10. Defendants, aforesaid breach of contract has damaged
Plaintiff in the amount of Seven Thousand ($7,000.00) Dollars.
WHEREFORE, Plaintiff prays that this Court enter judgment in
his favor and award him Seven Thousand ($7,000.00) Dollars, plus
interest and costs of suit, which amount is less than the
compulsory arbitration limit of $25,000.00 for Cumberland County.
COUNT II
FRAUD
11. Paragraphs One through Ten are incorporated herein as
fully as if set forth at length.
12. Defendants signed the aforesaid contract entitled Mutual
General. Release in order to induce Plaintiff to relinquish the
sprint car to Defendants and to release his claims set forth in
the Complaint at No. 99-393 in the Cumberland County Court of
Common Pleas, but never intended to pay Plaintiff the Seven
Thousand ($7,000.00) Dollars as agreed.
3
L :.l .
13. Defendants' aforesaid conduct constitutes willful and
intentional fraud.
WHEREFORE, Plaintiff respectfully requests that this Court
enter judgment in his favor and award him an amount which is less
than the compulsory arbitration limit of $25,000.00 for
Cumberland County, plus interest and costs of suit.
COUNT III
PUNITIVE DAMAGES
14. Paragraphs one through Thirteen are incorporation herein
as fully as if set forth at length.
15. The actions of Defendants as described in counts I and
II above were wanton, wilful, malicious and outrageous, and were
taken because of Defendants' evil motives and reckless
indifference to the rights and property interests of Plaintiff.
WHEREFORE, Plaintiff respectfully requests that this Court
enter judgment in his favor in the nature of punitive damages
against Defendants of an amount in excess of $25,000.00, an
amount which is greater than the Cumberland County compulsory
arbitration limit, together with attorneys' fees, interest and
costs.
Respectfully submitted,
Richard F. Maffett, Jr., Esquire
4
Awmk WIflamval(amtn
MUTUAL GENERAL RELEASE
THIS MUTUAL GENERAL RELEASE is made and executed by Lester Kimmel
and William Elicker, t/d/b/a/ Williams Excavating, of Dillsburg, Pennsylvania (hereinafter
referred to as "Owner"), and Randall L. Wolfe, of Mechanicsburg, Pennsylvania,
(hereinafter referred to as "Claimant").
WHEREAS, Owner owns a Sprint Car that was fabricated for Owner by Claimant;
and
WHEREAS, Claimant is presently in possession of said vehicle and asserting a claim
as an artisan of a lien for services rendered; and
WHEREAS, Owner may have a right against Claimant for the unlawful detention of
said vehicle, for breach of contract, and for damages resulting therefrom; and
WHEREAS, Claimant may have a claim against Owner for work completed on the
vehicle and for certain expenses incurred therein; and
WHEREAS, Claimant has agreed to relinquish possession of said Sprint Car to
Owner, and Owner has accepted its return, and has agreed to pay to Claimant the sum of
$7,000.00 in full settlement of all claims associated with the fabrication and construction of,
and wrongful detention of the Sprint Car; and
WHEREAS, the parties have agreed to execute releases to each other.
LawOmce
W". D. salwu Ill
KNOW ALL MEN BY THESE PRESENTS, that in pursuance of the agreement
of the parties, and in consideration of the Claimant delivering the Sprint Car to Owner, and
the Owner accepting delivery, paying to Claimant the sum of $7,000.00, paying to French
Grimes the sum of $735.00, and paying to David L. Beyer the sum of $966.36, each of the
parties hereto does remise, release, quitclaim and forever discharge the other, theirrespective
heirs, executors, administrators, successors, and assigns from all claims, demands, actions,
causes of actions, suits, debts, and contracts, especially all claims for the conversion of or
unlawful detention of the above described vehicle, and all claims for labor, materials and
contracts relating; thereto, which against the other party, each may have or now have from
the beginning of the world to the date of these presence.
EXHIBIT n
NOTWITHSTANDING the representations set forth herein, Owner the reserves the
right to seek redress against Claimant if there are damages caused by sabotage committed to
the vehicle when ultimately released to Owner, the verification of which sabotage shall be
accomplished no later than 30 days following the date upon which the care, custody, and
control of the Sprint Car is delivered to Owner. For purposes of this Release, sabotage is
defined as: any act that intentionally compromises the mechanical integrity of the Sprint Car
or its components.
IN WITNESS WHEREOF, the parties hereto. INTENDING TO BE LEGALLY
BOUND HEREBY, do execute these presents this _ day of September, 1999.
OWNER:
Williams ]
By:
And:
Elicker
CL N
Vandall olfe
Iwwoma
WK O. SalwK 111
VERIFICATION
I, RANDALL L. WOLFE, have read the foregoing Complaint and
hereby affirm that it is true and correct to the best of my
knowledge, or information and belief. This verification and
statement is made subject to the penalties of 18 Pa. C.S.A. §4904
relating to unsworn falsification to authorities; I verify that
all statements made in the foregoing are true and correct and
that false statements may subject me to the penalties of 18 Pa.
C.S.A. §4904.
Dated:
EItu / o I
RANDALL L. WOLFE, Plaintiff
i
C:MyL °c\suits\W illiams.Anstnmd)
RANDALL L. WOLFE,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6928 CIVIL
LESTER KIMMEL and
WILLIAM ELICKER, CIVIL ACTION - LAW
t/d/b/a WILLIAMS EXCAVATING,
Defendants
ANSWER AND NEW MATTER
AND NO W, this 1134 day of December, 1999, come Defendants, LESTER KIMMEL
and WILLIAM ELICKER, t/d/b?/a W ILLIAMS EXCAVATING, by theirattomcy, WM. D. SCHRACK,
III, ESQUIRE, and submits the following in answer to the forgoing Complaint:
I. Admitted.
2. Admitted.
3. Admitted.
4. Admitted in part and denied in part. It is admitted that the Plaintiff retained possession of the
subject vehicle, but denied that such possession was pursuant to an artisan's "Possessory Lien." It is claimed,
in the alternative, that the allegation concerning an artisan's "Possessory Lien" is a conclusion of law to which
no answer is required by the Defendants.
COUNTI
BREACH OF CONTRACT
5. Paragraphs One through Four are incorporated herein as though fully set forth.
6. Admitted in part and denied in part. It is admitted that an agreement was stuck between the
parties by which Defendants agreed to pay to Plaintiff the sum of $7,000.00. That payment was to be made
in exchange for Plaintiffs relinquishing possession of the sprint car, Plaintiffs release and delivery to
Defendant of all spare parts, both engine parts and chassis parts, all tools owned by the Defendant but in the
possession of the Plaintiff, and the entry into a Mutual General Release. It is denied that the payment of
$7,000.00 was for the release and delivery of the vehicle alone.
Admitted in part and denied in part. It is admitted that the Plaintiff did, on September 15,
1999, relinquish possession of the vehicle to the Defendants, as well as tools and most spare parts. However,
it is denied that all spare parts were relinquished to the Defendants, as set forth more fully in New Matter that
follows this Answer.
8. Denied. The Plaintiff breached the agreement concerning a settlement by failing and refusing
to deliver to Defendants components of an engine which were entrusted to Plaintiff by Defendants, on the basis
of which breach by Plaintiff, Defendants refused to tender the $7,000.00 payment.
9. Admitted in part and denied in part. It is admitted that the Defendants have failed to pay to
Plaintiff the $7,000.00 at issue; however, it is denied, that the amount is owing to him.
10. Denied. The value of the engine parts and components which Plaintiff failed to deliver to
Defendant is in excess of $8,500.00; therefore, the breach of the settlement agreement by Plaintiffhas damaged
the Defendants in the amount of $8,500.00 as more fully set forth in New Matter.
COUNT II
FRAUD
I I. Paragraphs one through Ten are incorporated herein as though fully set forth.
12. Denied. The Defendants signed and delivered the Release to Plaintiff, and retrieved the
sprint car, and most spare parts and tools, in completion of the agreed upon settlement. The Defendants had
in their possession a check drawn against their Counsel's Trust Account in the form of Check No. 2814, for
the sum of $7,000.00, issued payable to Richard L. Maffctt, Jr., Esquire, Attorney for Randall L. Wolfe.
1AW Omn..
""" ":Imm lu 13. The allegation of Plaintiff in Paragraph No. 13 is a conclusion of law to which no answer is
required.
COUNT III
PUNITIVE DAMAGES
14. Paragraphs One through Thirteen ofthe foregoing Answer are incorporated herein by reference
thereto.
15. Denied. It is alleged in the alternative that the action of the Plaintiffas described in Plaintiff's
Complaint was wanton, willful, malicious and outrageous, and conducted in reckless indifference to the rights
and property interests of Defendants.
NEW MATTER
16. Paragraphs one through Fifteen of Defendant's Answer to Plaintiffs Complaint are
incorporated herein by reference thereto.
17. The settlement negotiated by the parties, through Counsel, provided for the relinquishment of
and delivery of the sprint car, as well as all spare parts, equipment and tools owned by Defendants but left in
the possession of Plaintiff, all of which was to be completed in exchange for the delivery of the executed
Mutual General Release, and tender of the payment.
18. On or about August 16, 1999 Defendants delivered to Counsel Defendant's Check No. 7548,
in the amount of $7,000.00, which was tendered to provide funds for settlement of the action pending, for
deposit in Defendant's Counsel's Trust Account. (See Exhibit "A")
19. In anticipation of completion of the settlement, Defendants met with Plaintiff to conclude this
settlement, having in their possession Counsel's Trust Account No. 2814 for the sum of $7,000.00, payable
to Richard F. Maffett, Jr., Esquire, Attorney for Randall L. Wolfe. (See Exhibit "B")
20. Upon parties completion of the loading of the vehicle, most of the spare parts, equipment and
tools, Defendant inquired of the whereabouts of the components of an engine, being comprised of a special
engine "short block," heads, camshaft, and other components.
11W OMIT
"' a wimm "' 11 21. Plaintiff denied having possession of special engine "short block," heads, camshaft, and other
components, claiming that they were relinquished to an employee of Defendants, at a time prior to December
of 1997.
22. Upon his denial of having possession of the components ofthesparc engine, Plaintiff took from
Defendant the Mutual General Release and entered his garage, and quickly closed and locked the door thereof.
23. Inasmuch as Plaintiff failed to deliver all spare parts and component to Defendant as had been
agreed upon, and inasmuch as Plaintiff failed to request the tender of the $7,000.00 payment, Defendants
departed from the Plaintiffs garage area with the vehicle, components relinquished by Plaintiff to Defendants,
as well as the check.
24. The components of the engine which the Plaintiff failed to deliver to Defendants were specially
fabricated for the Defendants by one, Curtis Hershey, with a value of approximately $8,500.00.
25. Despite repeated requests, Plaintiff has failed and refused to deliver to Defendants the special
engine short block, heads, camshafts, injectors and other components that were improperly retained by him.
26. By virtue of Plaintiffs failure to deliver to Defendants the components of the engine specially
fabricated for Defendants by Curtis Hershey, Plaintiff is indebted to the Defendants in the amount of
$8,500.00.
WHEREFORE, Defendants respectfully request that Counts I, 11, and III of Plaintiffs Complaint
be dismissed, and that judgment be entered in favor of Defendants and against the Plaintiff for the sum of
$8,500.00, together with reasonable attorney's fees, interest and costs of suit.
Respectfully submitted,
Da z W1N. D. SCHRACK, III, ESQUIRE
Supreme Court ID #15893
124 West Harrisburg Street
Post Office Box 310
IAWOMVF. Dillsburg, PA 17019-0310
WM.n.S111XI n1 (717) 432-9733
Attorney for Defendants
RANDALL L. WOLFE, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
Vs.
NO. 99-6928 CIVIL
LESTER KIMMEL and
WILLIAM ELICKER, CIVIL ACTION - LAW
t/d/b/a WILLIAMS EXCAVATING,
Defendants
VERIFICATION
I, WILLIAM ELICKER, verify that the facts set forth in this Answer and New Matter are
true and correct to the best of my knowledge, information, and belief. This verification is made
subject to the penalties of Section 4904 of the Crimes Code (18 Pa. C.S. §4904) relating
falsification to authorities.
WILLIAM ELICKER
lAwo n:
Mt. n. R.11M B, m
WILLfAMS'EXCAVATING
PHONE NO.'S NO.'S 432.5493 OR 432.2740
P.O. BOX 387
/,? DILLSBURG, PA 1701199
ORDER OFE U/1j1idyte c5t-;171 k//
PNCBANK
SOUTH CENTRAL PA
60.1273/313
7548
ov(, -99
Exhibit "A"
WM. D. SCHRACK, III 2 814
ATTORNEY AT LAN' PNC BAN K
I24 W. HARRISBURG STREET SOUTH CENTRAL PA NUMBER
P.O. BOX )10
9 2819
DILLSBURG. PA 1701
III ? 60-1273QJL?
PAY. Seven Thousand
0/100
DATE AMOUNT
Sep 9, 1999 ******$7,000.00*
A
TO THE
Richard F Maffett
ORDER Atty for Randall L.
OF
11'0028 11.
Exhibit "B"
rh*bi'
C:My1)o1a5uits\W illiams.Aus(umd)
RANDALL L. WOLFE,
Plaintiff
VS.
LESTER KIMMEL and
WILLIAM ELICKER,
t/d/b/a WILLIAMS EXCAVATING,
Defendants
TO: RANDALL L. WOLFE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6928 CIVIL
CIVIL ACTION - LAW
NOTICE
You are hereby notified to file a written response to the enclosed "Answer and New Matter"
within twenty (20) days from service hereof, or a judgment may be entered against you.
Wm. D. Schrack III, Esq. (15893)
Post Office Box 310
Dillsburg, PA 17019-0310
(717) 432-9733
Attorney for Defendants
/r.,
IAN'omm.
%V$t. ?. acuxaK In
RANDALL L. WOLFE,
Plaintiff
VS.
LESTER KIMMEL and
WILLIAM ELICKER,
t/d/b/a WILLIAMS EXCAVATING,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6928 CIVIL
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, WM. D. SCHRACK III, ESQUIRE, certify that I have served a copy ofthe "Answerand
New Matter" upon the Plaintiffs attorney, by U. S. Mail, First Class Postage Prepaid, as follows:
Richard Maffett, Jr.
Attorney at Law
2201 North Second Street
Harrisburg, PA 17110
Date: /?L - c l
14c-?
Wm. D. Schrack 11, Esq. (15893)
Post Office Box 310
Dillsburg, PA 17019-0310
(717) 432-9733
Attorney for Defendant
Iww omm
N),. Il. FIIHU'I? III
C:MyDoc\Suits\W illiams. Rcp(amd)
RANDALL L. WOLFE,
Plaintiff
VS.
LESTER KIMMEL and
WILLIAM ELICKER,
t/d/b/a WILLIAMS EXCAVATING,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6928 CIVIL
CIVIL ACTION - LAW
DEFENDANTS' REPLY TO NEW MATTER OF PLAINTIFF
29. Paragraphs l through 26 of Defendants' Answer and New Matter are incorporated herein by
reference thereto.
30. The allegations set forth in Paragraph No. 28 of Plaintiffs New Matter is a conclusion of law
to which no answer is required.
WHEREFORE, Defendants respectfully request that Counts I, 11, and III of Plaintiff's Complaint
be dismissed, and that judgment be entered in favor of Defendants and against the Plaintiff for the sum of
$8,500.00, together with reasonable attorney's fees, interest and costs of suit.
Respectfully submitted,
I2wom"..
Wit. n.5mku"m. III
Dater 7 X , 2000
WM. D. CHRACK, III, ESQUIRE
Supreme Court ID #15893
124 West Harrisburg Street
Post Office Box 310
Dillsburg, PA 17019-0310
(717) 432-9733
Attorney for Defendants
RANDALL L. WOLFE,
Plaintiff
Vs.
LESTER KIMMEL and
WILLIAM ELICKER,
t/d/b/a WILLIAMS EXCAVATING,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6928 CIVIL
CIVIL ACTION - LAW
VERIFICATION
1, WILLIAM ELICKER, verify that the facts set forth in the Defendants' Reply to New
Matter of Plaintiff are true and correct to the best of my knowledge, information, and belief. This
verification is made subject to the penalties of Section 4904 of the Crimes Code 58Pa. C. S. §4904)
relating to unsworn falsification to authorities.
WILLIAM ELICKER
IAWOMi T.
%V11 a.S'11KW ,III
RANDALL L. WOLFE,
Plaintiff
VS.
LESTER KIMMEL and
WILLIAM ELICKER,
t/d/b/a WILLIAMS EXCAVATING,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-6928 CIVIL
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, W M. D. SCH RACK III, ESQUIRE, certify that I have served a copy ofthe "Defendants'
Reply to New Matter of Plaintiff' upon the Plaintiffs attorney, by U. S. Mail, First Class Postage
Prepaid, as follows:
Richard Maffett, Jr.
Attorney at Law
2201 North Second Street
Harrisburg, PA 17110
Date: G
W c rac , Esq. (15893)
Post Office Box 310
Dillsburg, PA 17019-0310
(717) 432-9733
Attorney for Defendant
aw O,wn:
Mi,
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-06928 P
COUNTYWOFLCUMBERPLANDSYLVANIA:
WOLFE RANDALL L
VS.
KIMMEL LESTER ET AL
R. Thomas Kline , Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: ELICKER WILLIAM T/D/B/A
WILLIAMS EXCAVATING
but was unable to locate Him in his bailiwick. He therefore
YORK County, Pennsylvania.
deputized the sheriff of
to serve the within COMPLAINT AND NOTICE
On December loth, 1999 , this office was in receipt of
County, Pennsylvania.
the attached return from YORK
Sheriff's Costs: So answers:
Docketing 6.00
Out of County 00 J/
8.00 omas ine, neri
Surcharge
?0 1AFFETT999ASSOCIATES
Sworn and subscribe to before me
this /?4!` day of
3* a.o rn A.D.
ro ono ary
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 1999-06928 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WOLFE RANDALL L
VS.
KIMMEL LESTER ET AL
R. Thomas Kline Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: KIMMEL LESTER T/D/B/A
WILLIAMS EXCAVATING
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of YORK
to serve the within COMPLAINT AND NOTICE County, Pennsylvania.
On December 10th, 1999 this office was in receipt of
the attached return from YORK
County, Pennsylvania.
Sheriff's Costs: So answers.
Docketing 18.00
Out of County 9.00
Surcharge 8.00
York County 42.88 114
omas S er
$7778$ 12/10%T& ASSOCIATES
Sworn and subscribe to before me
this _j3t- day of
]ED Jovu A. D.
ro nonotai?-`
(2 of 2) COUNTY OF YORK
OFFICE OF THE SHERIFF S(17) 771-9601
28 EAST MARKET ST., YORK, PA 17401
SHERIFF SERVICE INSTRUCTIONS
PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINES 1 TO 12
DO NOT DETACH ANY COPIES.
Notice & Complaint
Lester Kimmel et al.
SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD.
Lester Kimmel, t/d/b/a Williams Excavating
6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., CITY, BORO, TWP., STATE AND ZIP CODE
AT 85 Tanner Road, Dillsburg, PAS !fin19
7. INDICATE SERVICE. 0 PERSONAL O PERSON IN CHARGE EPUTIZE CUTDID®i1tand I TCLASS MAIL POsTEO COTNER
NOW 19 _ I, SHERIFF OP,tUORIC C , do her by th sherlff of
York -COUNTY to exe th fgI ecording
to law. This deputatlon being made at the request and risk of the plaintiff.
e n r
9. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING Is E: Cumberland
ip
rn
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or chacNng any property under-wilhln wnt may, leave
same without a watchman, In custody of whomever is found in possession, alter notifying person of levy or attachment. without liability on the part of such deputy or the sheriff to any
pli indh herein for any loss, destruction, or removal of any property before sheriffs sale thereof. ?=
9. TYPE NAME ANDADDRESS of ATTOHNEWORIGINATOR and SIGNATURE 10. TELEPHONE NUMB 11--DATEFILED
Richard F. Maffett, Jr., Esq. 717-233-4160 11R 165 99
12 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW. (Thls area must be completed it notice is to be mailed). ?- _'
ZC r>1
Cumberland County Sheriff N r_7 t.7
SPACE BELOW FOR USE OF THE SHERIFF ONLY -DO NOT WRITE BELOW THISLWIE-
13. 1 acknowledge receipt of the wnt SIGNATURE OF AUTHORIZED CLERK 14. Date Received . Erpiratio H1094 94
or complaint as indicated above. B. Feeser 11/22/99 12/161`99
16.HOW SERVED: PERSONAL RESIDENCE POSTED( ) POE ( ) SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS
17 014areby cemty and (alum a NOT OUND b use I am unable to locale the IndMdual, company, corporation, etc. named above. (See remarks hntnw t
28.
8th
45. Signature of Y4
County Sheriff
yr au r nymizcu ISSUING AUTHORITY AND TITLE
1. WHITE - Issuing Authonty 2. PINK -Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriff a Office
or
or
(2 of 2) COUNTY OF YORK
OFFICE OF THE SHERIFF SERVICE CALL
(717) 771-9601
28 EAST MARKET ST., YORK, PA 17401 .
INSTRUCTIONS
SHERIFF SERVICE PLEASE TYPE ONLYLINES T TC
PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT;DETACFI ANY.COPIE:
1. PUUNTIFF/Sl
'Rand
.. n ncccuneur,
SERVE
-;s
A
11 L. Wolfe ?. me yr „n,,
IJot.1ce & Complaint
r Kimmel et al
5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTYTO Be LEVIED, ATTACHED, OR SOLD.
Lester Kimmel, t/d/b/a Williams Excavating
8. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., CITY, BORO, TWP., STATE AND ZIP CODE '
l
85 Tannery Road, Dil?sburq PA -i1
7:INDICATE 9ERYICE:' OPERBONAL "OPE SON dI CHARO?' 1 EPUTIZEiCUfe10ERE11016d'--`f OiST CU1SS FLAIL 'OPOSTIE OOTMER 3r
NOW 19 _ I, SHERIFF OFXERK COUNTY, PA, do hereby deputize the sheriff of
or COUNTY to execute this Writ and make return thereof according
i to law. This deputation being made at the request and risk of the plaintiff. '
S. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland ,
g
a
'`. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCH MAN-Any deputy sheriff levying upon of attaching any property under within writ may leave
< same without a watchman, in custody of whomever Is found In possession, after notifying person of levy or attachment, without liability on the part of such deputy or the shedtt to arty, r
i plalntln herein for any loss, destruction, or removal of any property before sheriffs sale (hereof. s V
9. TYPE NAME AND ADDRESS of ATTORNEY!ORIGINATOR and SIGNATURE
Richard F. Maffett, Jr., Esq.
?t 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This an
Cumberland County Sheriff
13.1 aduiowledge receipt of the writ
or complaint as Indicated above.
18.HOWSERVED: PERSONAL-
B. Feeser
RESIDENCE POSTED( )
3UND use I am unable to locate the Indw
RVEDIU T ADDRESS HERE IF NOT SHC
Dab Time Mlles Int.DatelTlme M
' i 34. Fomlgn CountyCosts 3S Advance Cesta
41.AFFIRMED and subpalbad to before me this
42.dayol December
43.
IJ MV COMMISSION EXPIRES P
50.1 ACKNOWLEDGE RECEIPT OFTHE BHER
I OF AUTHORIZED ISSUING AUTHORITY AN
1 1. WHITE - Issuing Authority 2. PINK -A110MOY
37.
Sheriff
3. CANARY - Shedffs Otlico 4.
10: TELEPHONE NUMBER; 11. DATE FILED
717-233-4160._ n/16/99
If notice is to be mailed). -
POE ( ) SHERIFFS OFF( ) ' OTHER ( )
a4 company. w,porenmi, um.
N ABOVE (Relationship to C
.. , it ,.r L.
16/99 ?
SEE REMARKS
r
ie of Service
EdL-'
.r
?!a
i`
Total
39. Mileage/Postago/N.F.• - 39 Costs 40. Cost Due or Refund
C?
..
l) .
o
/ 80 A l •R
47
D .p
,^A
6
`
./.r{5?.??x? .
91a / ?J
r ?r•w ?Z ,
't
48. Date
WILLIAM M.\HOS/ -3 V
12/8/
r;
99
g 49. Date
\ Q rf •• ` 1. Date Received ;
C
/ `•
-.Sheriffs Office ?,?` 7 t@Vl t i
(2 of 2) COUNTYOFYORK
OFFICE OF THE SHERIFF S(R;'„960L
• 28 EAST MARKET ST., YORK, PA 17401
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
INSTRUCTIONS
PLEASE TYPE ONLY LINES 1.TO 12
DO NOT DETACH ANY COPIES: ;: `•'
9 COIIRT NIIMBER ? .- r..1V i.l
Randall. L, 1AO1 Ee
DEFENDANTS/ NO f 1.CC S Compl a.i n
3. t
Lesuar Kimmel et A
5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED ATTACHED OR SOLD
SERVE Lester Kimmel, rid/b/a wit?lams EXoavating
B.ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., CITY, BORO, TWP., STATE AND ZIP CODE
Ar 85 Tannery Road, Di.llsburg, PA I.70<<j
1 7. IND CATE SErrv1 _-
9 _ I, SHERIFF OF COUNTY, PA, do hereby deputize the sheriff o
NOW _ COUNTY to execute this Writ and make return thereof according
to law. This deputation being made a! the request and risk of the plaintiff. yy y y
rl rin
,in, M NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any proporry under within writ may leave
same without a watchmen, In custody of whomever is round In possession, after not Ing person of levy or attachment, without liability on the part of such deputy or the sheriff to any
...er.,,,.,-Inn.. daabuelion. or real of any property berate sheriffs sale thereat.
Richard F. plaffett, Jr., Esq.
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADD''.
Cumberland County Sheriff
SPACE BELOW FOR US
Sit
13.1 acknetidedge receipt of the writ
orcompcomPWnt nt as Indicated above.
16.HOWSERVED: PERSONAL --.RESIDENCE(,
17.01 thereby clarity and mium a NOT FOUND because I am
18. NAM8AN 3 TITLE OF INDIVIDUALS RVEO/L/LSTADD
21. ATTEMPTS Deb Time Miles Int. Data Time Mlle
N'' I
22.REMARKS
B. Feeser
POSTED( )
717-233-4160 I 11/16/99
e completed If notice is to be mailed).
LY • DO NOT WRITE RELOW.THIS LINE /
iK 14. Date Received 15 upiriffoMi
11/22/99 12/16/99
POE I,) SHERIFPSOFF( ) OTHER() SEE REMARKS
npany, mrpomtion, etc, named above. (Sea remarks below)
)VIE (Reletlonship to Defendant) 19. Date of Some 20. Time of Service .
23 Adianca Costs 2q. Service Costa 25. NIF 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary Fee 31. Surcharge
1 32. Total Costs 33. Cost Due or Refund
s 35, Advanoe.Costs W. Service Costs
34. Foreign County i
37. Notary Cerf.
38. Mileage/PostagalN•F. 4 y (),t' 39.. Otal Costa 40. Cost Due or Refund 10
A R.
41.AFFIRMEO and suh{ Wcl to before me this 8th 44•Spneture of d1 47.Oate
- ....•: 19
Decirllber 99
f n
42
d 45.SignmumofYOk
t
Sh
riff
C
l
?.- T 48. Date
.
ay o
.
?? i ?!
??
?
?? oun
y
e ,
'HOS
WILLIAFI Ill 12/8/99
•
:
-
-Ld;• •. .
43.
i` '•,prooon"(11 Not". PUN% .=. 46. Ignaturea oregn
Sh
des 49.Dale
MY COMMISSION EX RE
a
Court
ty
U 1. WHITE - Issuing Autlwd
•'• •' ? •' .%%' - ?? ?•
?IPT OF THE SHERIFF'S RET URN SIGNATURE '1', 51. Dale RewNOd
NO AUTHORITY AND TITLE •`? LF J v??
2. PINK - Anomoy 3. CANARY - Sheriffs Office 4. BLUE-Shad"a ORO
_ - - _- __ ICY®MIII
COUNTY OF YORK
(1 of 2) OFFICE OF THE SHERIFF S(7,7) I'7719 01L
28 EAST MARKET ST., YORK, PA 17401
SHERIFF SERVICE INSTRUCTIONS
PLEASE TYPE ONLY LINES 1 TO 12
PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES.
1. PLAINTIFF/S/ 2.GODHTNUMBER99-6928 Civil
Randall L. Wolfe 4. TYPE OF WRIT OR COMPLAINT
3. DEFENDANTS/ I Notice & Complaint
Lester Kimmel et. al.
SERVE S. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR S
RMXHxX2XXXXIflNXX# William Eli.cker, t/d/b/a Williams Excavating
6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO.. CITY, BORIC. TWP., STATE AN-21P CODE
AT 85 Tannery Road Di.llsburg, PA 17019
7. INDICATE SERVICE: 0 PERSONAL D PERSON IN CHARGE DEPUTIZE Curdrea -bond 01ST CLASS MAIL 0 POSTED
NOW 11/11/99 19 _ I, SHERIFF 0 FXHR11i do hereby a the sheriff of
York COUNTY to ex faacording
to law. This deputation being made at the request and risk of the plaintiff.
r .1-1-011i . 6. SPECIAL INSTRUCTIONS OR OTHER INhUHMALIUH IMAI WILLAbbIb, in cnrcu, unu ann..c: Cumber-1•and
.f- CT
ADVANCE FEE PD BY CUMBERLAND COUNTY SHERIFF
rr1
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN- Any deputy sherlD levying upon or attaching any property undervah in wit may, leave
p
uty or the if jri to any
same without a watchman. In custody of whomover is found in possession, alter noblyng person of levy or attachment, without liability on the part of such de
ep
?
pWingff herein for any loss, destruction, or removal of any property before sheriffs sale thereof.
9. TYPE NAME AND ADDRESS of ATTORNEY/ORIGINATOR and SIGNATURE 10. TELEPHONE NUMB It. DATE FILED
Richard F. Maffett, Jr., Esq.
2201 North Second Street Harrisburg PA 17110 717-233-4160 11/16/99
12. SEND NOTICE OF SERVICE COPYTO NAMEAND ADDRESS BELOW: (This area must be completed if notice Is to be mailed).
Cumberland County Sheriff
SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE
13.1 acknowledge receipt of the will SIGNATURE OF AUTHORIZED CLERK 14. Date Receivetl 15. ExpiratioNHiSTRfy?OfiA
or complaint as indicated above. B. Feeser 11/22/99 12/16/99
16.HOW SERVED: PERSONAL( ) RESIDENCE ( ) POSTED( ) POE` SHERIFFS OFF ( ) OTHER ( ) SEE REMARKS
17. hereby certlN and return a NOT FOUND bemuse I am unable to locate the Individual, company, corporation, iitc, names above. (See remarks below.)
e
23. Advance Costs 24. Service Costs
100.00 24.00 25. WF 26i4.881 Mileage 27. Postage 20. Sub Total
38.88 29. Pound 30. Notary Foe
4.00 31. Surcharge 32. Total Costs
42.88 33. Cast Duo Roluntl
$57.12
34. Fomlgn County Casts 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/Postago/N.F. 39. Total Costs 40. Cost Due or Refund
SO ANSWER.
41 AF th 44.Signatura of
' -
?7/ 47. Date
f •
g,
L n i .mss li
I
42.de of MEU 6 ER, Notary Public 1 99 45.on York
S
iff 48. Data
43.
-M1' r C
County ty
her
WI / i
LLIAM M. HOSE, SHERIFF
12/8/99
Pmuarou7 7 P
MV COMMISSION EXPIRES 46. ignatur0 Of Foreign
Coun Sheriff 49.Date
5r1. I ACKNOWLFNGF RFCFIPT OF THE SH RIFPS RETURN SI GNATURE 51 Onto Recei ved
OF AUTHORIZED ISSUING Al ITHORITYAND TITLE 1
1. WHITE-Issuing Authority 2.PINK-Aaomoy 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office
1_ .'ill
L.... - rye..
COUNTY OF YORK
11 Of 2) OFFICE OF THE SHERLFF SERVICE
(1)719 01L
A4 - 28 EAST MARKET ST., YORK, PA 17401
INSTRUCTIONS f?
SHERIFF SERVICE pLEASE.TYPE ONLY LINES 1 TO 12 =F
PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIESf:
`.
1. PWNTIFFISI 2.000RTNUMBER99-6928 Civil. _
Randall L. Wolfe 4. TYPE OF WRIT OR COMPLAINT
3.DEFENDANTMI Notice & Complaint
Lester Kimmel, et: al.
SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD.
14
RXXNX11XXXXWXXXX William Elicker, t/d/b/a Williams Excavating
8. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO„ CITY, BORO, TWP., STATE ANDfP CODE
AT 85 'Fanner Road Dillsbur PA 17019
? .7. INDICATE SERVICE: -, 0PERSONAL' tOPERSON IN CHARGE A: 4DEPU1IZE•CUM1c6M itAR1d-40 IST CLASS MAIL iD OETED.'- 0OTHER
NOW 19 _ I, SHERIFF OF XO (ZOUNTY, PA, do hereby deputize the sheriff of
York COUNTY to execute this Writ and make return thereof according
to law. This deputation being made at the request and risk of the plaintiff.
1 SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: CUmberl:a Rd .
ADVANCE FEE PD BY CUMBERLAND COMMPY SHERIFF
I
f - NOTE ONLY APPLICABLE ON WRITOF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any propertyunder wLmin writ may leave
E :earns, without a watchman; In custody of whomever Is found In possession, after notifying person of levy or attachment, v4thoul liability on the pan of such deputy or the shen9 to any .t
t ulaineff herein for am loss. destruction. or removal or any property before shgriffs sate thereof.
' Richard F. Maffett, Jr., Esq.
2201 North Second Street, Hart
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADD
Cumberland County Sheriff
€:'I b:SPACE BELOW: FORTS
13.I acknowledge receipt of the Well SII
or complaint as Indicated above.
' iS.HCWSERVED: PERSONAL( ) RESIDENCE(
. 17 0l hereby mNN and return a NOT FOUND because l am
. t
- 22.REMARKE
e
10 TELEPHONE NUMBER' 11. DATE FILED,
is
A 17110 1 717-233-4160 11/16/99
-his ama must be completed If notice Is to be mailed) Y
mE OF AUTHORIZED CLERK 14. Date Received 15. ExplretlnNHPDWaU3D L
B. Fewer 11122199 12/16/99
POSTED( ) POE f-'< SHERIFFS OFF ( ) OTHER ( ) SEE REMARKS
D to locate the In idual, company, corporation, Ic, named above. (See remarks below.)
HEREIFNOTS WN OVE( eletloashlpt Defends t) 19. Date of Service 20. Time at Service
.N; ?-
Date Tire illiteal Int Date Time Mlles Int. Date TIme Mlles Int Date me Mlles In4
23: Advance Costs 24. Service Costs 25. N/F 28. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary Fee 31. Surcharge 32. Total Costa 33. Cost Due o elund
0 00 24.00 14.88 38.88 4.00 _ 42.88 $57.12
34. Foreign County Costa 35. Atlvance Costs 38. Serves Costs 37. Notary Con. 38. t 39.?otal Costs 40. Cost Due or Refund. .
Mileage/POstago/N.F. ; 1 c
l c ,.
.
,
41.AFRRMED and subscribed to before me this 8th 44.Slgnature of
DenShenff ry ,, .?„1v 47.0ale
/ •
f."xs
-
ec 45. Signolure of York
q .
,
48. Dale
p
ember ,._
ayof il
42.d
19
County ShenN
? '.
43.
WYLLIAMIM HDSB'? F ,t 12/8/95
*
fA
P Msury Pus 45. gnaiumo oraion ,
) ti . •;
Y
? V. Date
Y COMMISSI N EXP RES-` % County Sheriff I%% '
v
4
50 I ACKNOWLEDGE RECEIPTOF E SHER IFFS RETURN SI GNATURE \ ' T • •? i _ at- Row
.D Wetl
OFAUTHORIZED ISSUING At ITHORITY AND TITLE
1 WHITE-Issuing Authority 2.PINK-Anomoy 3. CANARY - Sheriffs Office 4. BLUE - SheffsOffico
•f i1j ?=
COUNTY OF YORK
11 of 2) OFFICE OF THE SHERIFF S(x VICE
96 1'
28 EAST MARKET ST., YORK, PA 17401
INSTRUCTIONS
SHERIFF SERVICE PLEASE TYPE ONLY LINES 1 T012 .'
PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY, COPIES.
1. PLAINTIFFISr 2. COURT NUMBER 9 y- U C 1 V T
Randall L. Wo t.fC 4. TYPE OF WRIT OR COMPLAINT
3. DEFENDANT/S/ b Comrila.int
Lester Kimmel, e:. al.
5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD.
SERVE RXMyXXXXXYXNXX9H William El.icker, r-/d/b/a ni ll.iams Exca'fating
0. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., CITY, SOHO, TWP., STATE AND ZIP CODE
AT 85 Tannery Road , Dilisburg, PA 170i9
Z INDICATE SERVICE: ' DPERSONAL 0 PEhSON IN CHARGE r SIDEPUNZE ' C LJ dERY. A'fOTI f O 1ST CLASS MAIL ' O'POSTED ' D OTHER
NOW ' 19 _ 1, SHERIFF OF 61>f10OUNTY, PA, do hereby deputize the sheriff of
crK COUNTY to execute this Writ and make return thereof according
to law. This deputation being made at the request and risk of the plaintiff.
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILLASSIST IN EXPEDITING SERVICE: Cumberland
ADVANCE FEE PD BY CUMBEPiAND COUN'T'Y SHERIFF
Ili;
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION:N.B. WAIVER OF WATCHMAN- Any deputy sheriff levying upon or attaching any property under within writ may leave
same without a watchman. In custody of whomever Is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any
pWn8ff herein for any Ions, destruction, or removal of any property before shsrifrs sale thereof.
9. TY E "i art E? t?afe DD E I ATTOR /ORI (NATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED
?t1ctt, c.; gsq.
2201 North Second Street, Harrisburg, PA 17110 717-233-416( 11/16/99
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed If notice Is to be mailed).
Cumberland County Sheriff
13.1 aduowledge n celpt of the writ
or complaint as indicated above.
18.HOWSERVED: PERSONAL( )
17.01 hereby certify and return a NO
18. NAME AND TITLE OF INDIVIDUI
21.A EMPTS Date 71me Mlles
,1v
B. Feeser
)
RESIDENCE ( ) POSTED(
) because I am unable to locate the Ind Iv
m I LIST ADDRESS HERE IF NOT SHC
$100.001 24.00
34. Foreign County Costs 35. Advance Costs
J.
41.AFFIRMED end subscribed to before me this
42.deyof DeCem?beC n-
43.
OF AUTHORIZED ISSUING At ITHORITY AND TITLE
1.WHITE-Issuing Authority 2.PINK-Abomey 3.CANARY-
15.
11/22/99 1
POE (yI' SHERIFFS OFF ( ) OTHER
noanv. comomtion. etc. named above. (Soo remarks beloi
14.981 1 38.88 1 1 4.00
36. Service Coals 37. Notary Can. 38. Mileago/Posmga/N.F.
SOA SW
8th 44.Sgnature, of v -rr, r r -
Do' Sg'ff
99 45.Slgnature of York Is -
County Sheriff
=/ ( C/ ?-•+!!
WIf.wNA hi. HOSE,, rSliEl
Offkre 4. BLUE-Sheriffs Office +=
7_51.
zpiralioNH
12/16/99
SEE REMARKS
!0. Time of Service
e Tlme'Mllee Ant
33. Cost Duo or efund
$57.12
Cost Due or Refund
41.Data ,
48.Date
12/8/99
RANDALL L. WOLFE,
Plaintiff
V.
LESTER KIMMEL and WILLIAM
ELICKER, t/d/b/a WILLIAMS
EXCAVATING,
Defendants
IN THE COURT' OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99.0928 CIVIL
NOTICE OF ARBITRATION HEARING
PLEASE TAKE NO'T'ICE THA'I' a hearing before the arbitrators heretofore
appointed will be conducted on February 21, 2001, at 1:30 P.M., in the Second Floor
Hearing Room, Old Cumberland County Courthouse, Carlisle, Pennsylvania.
January ff , 2001 By:
R. Mark Thomas, Esquire, Chairman
TO: Duane Stone, Esquire, Arbitrator
Latsha, Davis & Yohe, PC
4720 Old Gettysburg Pike
Mechanicsburg, Pennsylvania 17055
Barbara Sumple-Sullivan, Esquire, Arbitrator
549 Bridge Street
New Cumberland, Pennsylvania 17070
Richard F. Maffett, Jr., Esquire,
Attorney for Plaintiff
2201 North Second Street
Harrisburg, Pennsylvania 17110
William D. Schrack, III, Esquire,
Attorney for Defendant
124 West Harrisburg Street
Dillsburg, PA 17019
The Bulletin Board,
Prothonotary's Office
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Court Administrator
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
RANDALL L. WOLFE,
Plaintiff
v
LESTER KIMMEL and WILLIAM
ELICKER, t/d/b/a WILLIAMS
EXCAVATING,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUdt3ERLAND COUNTY, PENNSYLVANIA
NO. 99-6928 CIVIL
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:
Richard F. Maffett, Jr. , counsel for the plaintifffrea,'ex&T=in
the above action (or actions), respectfully represents that:
1. The above-captioned action (=Xxxinne is (kxxX at issue.
2. The claim of the plaintiff in the action is V.,000:_0_0___allus._interest &
The counterclaim of the defendant in the action is costs of litigation
The following attorneys are interested in the case(s) as counsel or are other-
wise disqualified to sit as arbitrators: William D. Schrack, III, Esq.
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
Re pectfully submitted,
Richard F. MaffeddttS?ttJrG. Esq.
ORDER OF COURT Ha0rrisburq,SPA 171Or1'T17-233-4160)
AND NOW Tx ccAiL-S 19a*4z), in consideration of the
/I I
Esq., /i/"
foregoing petition,
y? ,Esq., are appointed arbitrators in the
Esq., and d&
above-captioned action (or actions) as prayed for.
By the C rt
P. J.
I
C%!
ti -
y G
'i:
P
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7
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PE',4"zYLVNN?
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a"?? Wa?,Ke >
)
v3.
LATH
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Yo. 99 -
c,vi/ A:h-a, - law
[de do solemnly swear (or affirm) that 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 offic 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.)
. ,? S.i7GL•U3G
RJ. C ? ? Sr?r?
+?- c2s- L?79 i ?
S. S
5'
MAFFETT Er ASSOCIATES
By. Ric #rd F. affett, Jr., Esquire
#ID
2201 North Second Street
Harrisburg, PA 17110
717-233-4160
Attorneys for Plaintiffs
RANDALL L. WOLFE,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v
LESTER KIMMEL and WILLIAM
ELICBER, t/d/b/a WILLIAMS
EXCAVATING,
Defendants
NO. 99-6928
CIVIL ACTION - LAW
PRAECIPE
Please mark the above-captioned matter settled and
discontinued.
?L/? ?. /ih/%.
Dated: April 16, 2001 i ?
Richard F. Maffetit, Jr., Esq.
I' ?.
'_i
y _
1 J
._