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HomeMy WebLinkAbout03-5574CO/~II~)NY~I~ALTH OF PENNSYLVANIA COURT OF COMMON PLSAS JUI~CIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL O,',?r, ,~'~, ~o03 Notice is gNen that Ihe appe41ant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Distrid Justice o~ the date and in the ca~,e mentloned bekwe ~ ~t~e of Ami, ~ mcd~d by t~ ~s~ict Justice, will ~ ~ a lO01(6) in~ti~f~D~ictJ~tice,~ST ~PER~DEAS ~ ~ j~t f~ ~ssessi~ in ~is case FILE A COMPLAINT wJlhin filing h~ ~TICE of A~EAL. 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.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach lrom copy of notice of appeal to be served upon appellee). PRAEClPE: To Prothonotary (Commo~ Pleas No. ~ ~.~-- ~'"~ L/~/v' I , within ,w~m'~y (20) days a ru! c~.4~ of~.~ent of non pros' RULE: To ~'T',~---//'-~- ,,'"//'~0,"'//,,'"~ ~_,c"'/--~ , appellee(s). Ne/ne o~ (1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) doys after the dote of service of this rule upon you by personal service or by ceetified or registered mail (2) If you do not file a compk3int within this time, a JUDC-d¥~NT 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. //~~ COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FiLE COMPLAINT SWOFI ....... ' "':*: COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag, OisL NO.: 09-2-01 DJ Name: Hon. PAULA P. CORREAL Addre,s: i CO .URTHOUSE SQUARE CARLISLE, PA (717) 240-6564 DAVE CLAPPER 210 OPOSSUM LAKE ROAD CARLISLE, PA 17013 T~IS IS TO NOTIFY YOU THAT: Judgment: [] Judgment was entered for: (Name) [] Judgment was entered against: (Name) 17013-0000 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ~STEVE MONNETT-DBA STEVE'S REPAIR U~ 812 N. HANOVER STREET CARLISLE, PA 17013 [_ _J VS. DEFENDANT: NAME and ADDRESS F-CLAPPER, DAVE -~ 210 OPOSSUM LAKE ROAD CARLISLE, PA 17013 DocketNo.: CV-0000251-03~ ~ Date Filed: 7/03/03 -.FOR PT.ATNTIFF a~RVRMONNRq"~-nna in the amount of $ "/61:1. ~;~ on: Defendants are jointly and severally liable. Damages will be asseSsed on: This case dismissed without prejudice. -'--]Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ ~ Portion of Judgment for physical damages arising Out of residential lease $ (Date of Judgment) (Date & Time) Amount of Judgment $ 700.00 Judgment Costs $ 68 o 50 Interest on Judgment $ o 00 Attorney Fees $ ° 00 Total $ ?68.50 ~'~ Post Judgment Credits Post Judgment Costs Certified Judgment Total $ $ 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 JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL, EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES. IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETrLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ~ tlEPRESENTS APPROX. 1/2 OF COSTS OF REPAItlS TO  ~ S AUT0~0BiLE. 9-25-03 Date ' , District.JuStE:e · . ~.---., .~ ~ .~ .... . ~z.~ , I cedify that th,s ,s a true ~c~y of~.e recqrd ~c~ed,ngs conta,¢ng t~e ],dgment. 9-25-03 Date ~~..~~-7'~,~:>. ~ ,Distd~ustice My commission expires first Monday of January, 2006 . AOPC 315-03 DATE r'RTNT~.'D: 9/26/03 10:40:26 SEAL Hon. 09-2-01 -- PAULA P. COP/~EAL ~ore,,: 1 CO .~I~THOUSE SQUARE CAPri SLE, PA (717) 240-6564 PAULA P. CORREAL 1 COURTHOUSE SQUARE CARLISLE, PA 17013'0000 TIllS IS TO NOTIFY YOU THAT: Judgment: ~-~ Judgment was entered for: (Name) ~ Judgment was entered against: (Name) 17013-0000 NOTICE OF JUDGMENT/TRANSCRIPT p ^,NT,FF,JUD MEg Y O :AsE NAME and ADDRESS ~CLAPPER, DAVID E -~ 210 OPOSS~ ~ ~ ~ISLE, PA 17013 VS. DEFENDANt/JUDGMENT C~I~DRESS 812 N. HANOVE~ STREET CAP, ISLE, PA 17013 Docket No.: CV- 0000251- 03 Date Filed: 8/06/03 CROSS COMPLA NT 001 FOR DEF~qDANT ~I~'"I~NI~-DRA ~'l~g3~ ~RD~TW TIN CT.APPRR, DAVID in the amount of $ on: (Date of Judgment) ~--] Defendants are jointly and severally liable. ~-'~ Damages will be assessed on: I~ This case dismissed without prejudice. I---1 Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ ~--~ Portion of Judgment for physical damages arising out of residential lease $ (Date & Time) Amount of Judgment $ .00 Judgment Costs $ · 00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .00 Post Judgment Credits Post Judgment Costs Certified Judgment Total $ $ 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 ..~L- ' MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL, EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. .. - UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. I certify that this is a true and ccmr'rect copy of the, record/of the proceedings containing the judgment.', ,.~-';",-~)'~ Date ! ; /'L, / : ' ' ' ~, ,~, ~,--' , District Justice My commission expires first Monday of January, 2006 . SEAL AOPC315-03 DATE PRINTED: 9/30/03 9:02:11 AM PROOF OF SERVE (This proof of service I',.4UST BE COMMONWEALTH OF PENNSYU~ANiA OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT ED WIT,~ttN TEN (t0) DAYS AFTER ,~/mg the notice of appeal Check ~pplicable boxest COUNiYOF ..~C.(~4,,~>,~r' "2.c,~j :Ss AFFIDAV)T: ~ hereby swear oF ~ff m that I seFved Jus ~e d s~gnated c}ere~e on [~ 8 copy of the Common Pleas No ~ ~ ~ upon ~he District (date of serwc ~ by personal ;erv~ce ~ (cert ed} (registered) real senders receb~ attached hereto. ~d upon the ~ . on .//~ '~ , ser~'ice ~ by (certified) (registered) nai, senders receipt attached hereto ~ and further that i served t the Rule was addresz ed c mail. senders recei SWORN ~AFFIRME/~ AND odSSORI NOTARIAL SEAL i CLAUDIA P, BREWBAKER, NOTARY Car!isie Bom, Cumberland Cou N',, Comm's$ion Expires April 4, ', ~ Fi!e a Complaint accompanying the absve Notice o~ Appeal upon the appellee/s) to whom - 0 "~ [~ ~y.~rsonal sevce ~ by (cer if ed) (registered ed hereto. · --.. ~ ME ~: COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS N~. .) ~:~ ~*~' ~ t.~ ~.,c ~'~ ~ NOTICE OF APPEAL (~,r~r, ~ ~03 Notice is given that the appellant has filed in the above Court of Common Pleas an appeaJ from the judgment rendered by the District Justice o~ the date and in the case mentioned belov¢. This block will be signed ONLY when this notatio~ ~s mcluired under Pa. R.~.P.J~'.~ 10086. ,This Notice of Appeal when received I~y the District Justice, w~ll operate as a SUPERSEDEAS to the judgment for possessio~ in this cas~ Signature of Prothonotary or Deputy STATE If appeSant was C~/A~fAIVT (see Pa. R.C.P.J.P. No. 1 O01 (6) in act/on bef~e Distr/ct Justice, he MUST FILE ,4 COMPLAINT wRhin twenty ( 20 )~p$ after filing his NOTICE of APPEAL. PRAECIPE TO EIU~E~, RULE TO FILE COMPLAINT AND RULE TO FILE \ ~Thi~ sec~iee of ~ ~o be used ONLY when appe//en~ was DEFENDANT (see Pa. R.C.P.J.P. No. ~00~ ~7 ~ in acC~on before D/strict Justice. IF NOT USED, detach from copy of novce of al31~al to be served upon appellee). PRAECIPE: To Prothonotary file a complaint in this appeal (1} You ore notified that'a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of serv, ce of this rule upon you by personal service or by certified ~ registered mail (2) l~y0~ dp nol'~Je,!a, complalnt withn ths 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. 0C1-,4: - AOPC 312-90 COURT FILE STEVE MONNETT, d/b/a STEVE'S REPAIRS UNLIMITED, Plaintiff/Appellee DAVID E. CLAPPER, Defendant/Appellant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CASE NO. 03-5574 : : CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM 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 AN ATTORNEY AND FILING IN WRITING WII~H 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. RICHARD J. PIERCE, COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE PA 17013 717-240-6200 NOTICA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VEINTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA y LA NOTIFICACION. LISTED DEBE PRESENTAR UNA APAR1ENCIA ESCRITA O EN PERSONA O POR ABOGADO y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEF1ENDE, LA CORTE TOMARA MEDIDAS y PUEDA ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. L~LEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE _ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. RICHARD J. PIERCE, COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE PA 17013 717-240-6200 STEVE MONNETT, d/b/a STEVE'S REPAIRS UNLIMITED, Plaintiff/Appellee DAVID E. CLAPPER, Defendant/Appellant : IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA : : CASE NO. 03-5574 : CIVIL ACTION - LAW _COMPLAINT NOW COMES Plaintiff/Appellee, Steve Monnett, d/b/a Steve's Repairs Unlimited, by and through his Attorney, Mark A. Mateya, Esquire and in support avers the following: 1. Plaintiff/Appellee Steve Monnett is a resident of Can~berland County, Pennsylvania. 2. Plaintiff/Appellee is the owner of Steve's Repairs Unlimited, 812 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant/Appellant, David E. Clapper is an individual resident at 210 Opossum Lake Road, Carlisle, Cumberland County, Pennsylvania 17013. 4. The Defendant/Appellant is the owner ora 1959 Buick Electra automobile, Pennsylvania antique plate No. 37RS. 5. The Defendant/Appellant, on or about April 18, 2003, !in Cumberland County, Pennsylvania, agreed to have Plaintiff/Appellee perform repairs on his car including any and all 2 work required to repair and/or make better the braking system .of the car. 6. Plaintiff/Appellee, working himself and by and through his employees, effected the repairs stated above. 7. A repair Order was executed by Plaintiff on or'about April 18, 2003, a true and correct copy of which is attached hereto as Exhibit "A" and is incorporated herein by reference. 8. Prior to the time any repairs were executed, the Plaintiff/Appellee informed Defendant/Appellant that the braking system in this automobile was difficult to repair; Plaintiff/Appellee informed Defendant/Appellant that certain parts in this repair were not readily available; Plaintiff/Appellee informed Defendant/Appellant that it was Plaintiff/Appellee's opinion that there had been transmission fluid placed in the brake lines; Plaintiff/Appellee informed Defendant/Appellant that the majority of any expense in repairing Defendant/Appellant's car would likely be time spent in labor. 9. At no time did Plaintiff/Appellee repair or attempt to repair any part, inside or out, of the Defendant/Appellant's 1959 Buick except the brake system and all components which pertain thereto. 10. On or about April 18, 2003, Defendant/Appellant conferred with Plaintiff/Appellee that he was unhappy concerning a problem with his cigarette lighter and a blemish on the paint 3 near the front of the car. 11. On or about May 21, 2003, Defendant/Appellant paid Plaintiff/Appellee with a check in the amount of $1,396.49. A copy of said check is attached hereto as Exhibit "B' and is incorporated herein by reference. 12. On or about May 21, 2003, Plaintiff/Appellee verified funds available through routine procedure of calling Allfirst Bank. I3. On or about May 21,2003, Plaintiff/Appellee was notified by the Bank that the check written by the Defendant/Appellant had not been honored, contrary to the prior approval by Allfirst Bank. 14. Plaintiff/Appellee believes and therefore avers that the Defendant/Appellant voluntarily stopped payment on the check. 15. Plaintiff/Appellee believes and therefore avers that Defendant/Appellant intended to stop payment on the check prior to Defendant/Appellant handing over the check as payment in full to Plaintiff/Appellee. 16. On or about July 3, 2003, Plaintiff/Appellee filed a Civil Complaint against the Defendant/Appellant through the Office of Paula P. Correal for recovery of $1,396.49 due under 4 Repair Order No. 15970 and as described more fully above. 17. On or about September 25, 2003, a Judgment was entered by District Justice Correal against the Defendant/Appellant in the amount of $768.50. 18. On or about October 22, 2003, Defendant/Appellant appealed the decision of District Justice Correal. COUNT I - BREACH OF CONTRACT 19. Plaintiff/Appellee incorporates the allegations set forth in Paragraph 1 through 18 above as though they were fully set forth herein at length. 20. Plaintiff/Appellee and Defendant/Appellant entered into an agreement for Plaintiff/Appellee to repair Defendant/Appellant's car, as described more fully in the complaint herein. 21. Defendant/Appellant has not paid to Plaintiff/Appellee the amount due and owing under said agreement as more fully explained in Exhibit "A". 22. Despite Plaintiff/Appellee's repeated attempts to selXle the dispute with Defendant/Appellant, Defendant/Appellant has refused to make any payment to Plaintiff/Appellee. 5 23. The actions of Defendant/Appellant as aforesaid are willful and constitute a material breach of the agreement entered into between the Plaintiff/Appellee and Defendant/Appellant. 24. As a direct and proximate result of the actions of the Defendant/Appellant as aforesaid, Plaintiff/Appellee has suffered and continues to suffer serious injury, including but not limited to the loss of monies owed to him by Defendant/Appellant, loss of the use of said monies, loss interest on the money and other such damages as may be discovered. WHEREFORE, Plaintiff/Appellee respectfully requests that this Honorable Court enter judgment in his favor against the Defendant/Appellant in the amount of $1,396.49, together with costs and interest, and any other such relief as this Court deems necessary. COUNT II - FRAUD 25. Plaintiff/Appellee incorporates the allegations set fi>rth in Paragraph 1 through 24 above as though they were fully set forth herein at length. 26. At all times material hereto, Defendant/Appellant intended to deceive and defraud Plaintiff/Appellee out of the amount due to Plaintiff/Appellee for work performed on Defendant/Appellant's car by falsely and fraudulently representing that sufficient funds existed on deposit with Defendant/Appellant's bank to cover Defendant/Appellant's check. 27. Plaintiff/Appellee justifiably.relied upon Defendant/Appellant's representations which were intended to induce, and did induce Plaintiff/Appellee to relinquish to Defendant/Appellant possession of Defendant/Appellee's car upon Defendant/Appellant's presentation of a check as payment in full to Plaintiff/Appellee. 28. At the time that Defendant/Appellant tendered the aforesaid check to Plaintiff/Appellee, the account on which the check was drawn did not contain sufficient funds for payment of the check to Plaintiff/Appellee, or in the alternative, said account did contain sufficient funds but said funds were intentionally not made available to Plaintiff/Appellee. 29. Defendant/Appellant knew, or had reasonable cause to know, that the account upon which the check was drawn had insufficient funds with which lo make payment on the check, or in the altervantive, that the account had sufficient funds but refused to permit processing of those funds. 30. Plaintiff/Appellee was induced to comply with its obligations under agreement to repair Defendant/Appellant's car and to deliver Defendant/Appellant's car based upon Defendant/Appellant's aforesaid misrepresentations. 31. Plaintiff/Appellee did not know, nor did it have reasonable cause to know, that the account upon which the check was drawn either did not contain sufficient funds with which to make payment or contained sufficient funds but such funds were made unavailable to 7 Plaintiff/Appellee at Defendant/Appellant's direction. 32. As a result of Defendant/Appellant's fraudulent conduct, Plaintiff/Appellee sustained substantial monetary losses including, but not limited to, the loss of $1,396.49 and interest. WHEREFORE, Plaintiff/Appellee demands judgment be entered in its favor and against Defendant/Appellant for its compensatory damages in the amount of $1,396.49, and any other such relief this Court deems appropriate. COUNT III - NON-PAYMENT OF CHECK. 33. Plaintiff/Appellee incorporates the allegations set tbrth in Paragraph 1 through 32 above as though they were fully set forth herein at length. 34. The aforesaid check having been presented and dishonored, Defendant/Appellant is liable to Plaintiff/Appellee on the check. 35. Plaintiff/Appellee is justly due the sum of $1,396.49, plus interest thereon from April 18, 2003 to the present. 8 WHEREFORE Plaintiff/Appellee demands judgment be entered in its favor against Defendant/Appellant for the sum of $1,396.49 with interest from April 18, 2003 to the present, and costs, and any other relief this Honorable Court deems necessary. Date: Respectfully submitted, Mark A. Mateya, EsquOe Attorney I.D. No. 78931 407 North Front Street Harrisburg, PA 17108 (717) 238-7151 9 VERIFICATION I, STEVE MONNETT, d/b/a STEVE'S REPAIRS UNLIMITED, verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. 5. §4904, relating to unsworn falsification to authorities. Steve Monnett, d/b/a Steve's Repairs Unlimited Dated:. 10 _STEVE'S REPAIRS UNLIMITED REPAIR ORDER 812 North Hanover Street CARLISLE, PA 17013 (717) 243-0930 or 243-9670 DATE I DATE PROMISED A M AMOUNT DESCRIPTION OF WORK J~ CHANGE OIL [~ OIL FILTER [~TUN.~.U.P/_ [~L~BF~ , _ __ ,.-~- ~- ~ - ~ ,, C-Vf(~~ ' ~ , ~ / ~/ '/ ""~" ~CAS~ ~H~C~ DUC ~ TOTAL PARTS I he eby authorize the above repair work to ~among TOTAL LABOR with the necessa~ materiels, You and your emptoyees may operate the vehicle fo purposes of testing, inspection, or EPA I WASTE delive~ a my sA. An express mechanics lien is DISPOSAL acknowledged on above vehicle to secure he amount of responsible o DSS or ~amage to the vehicle or a~icles Jeff in vehicle in case of fire the~ or any other causes beyond · ~OTAL ,ourco,,,o. _.. ~5970 STEVES ~,tr I$ SHERIFF'S RETURN - CASE NO: 2003-05574 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLJkND MONNETT STEVE DBA STEVES REPAI VS CLAPPER DAVID E REGULAR RON KERR , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE CLAPPER DAVID E DEFENDANT , at 1401:00 HOURS, at 210 OPOSSUM LAKE ROAD CARLISLE, PA 17013 LISA CLAPPER, WIFE a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 17th day of December together with by handing to 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service Affidavit .00 Surcharge 10.00 .00 32.14 Sworn and Subscribed to before me this ~ day of k_ 6~ ~2~Z~ 7~ A.D. ~othonot ary ' So Answers: 12/18/2003 MARK MATEYA By: Deputy Sheriff STEVE MONNETT, d/b/a STEVE'S REPAIRS UNLIMITED, Plaintiff/Appellee VS. DAVID E. CLAPPER, Defendant/Appellant ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5574 CIVIL 1~ 2003 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: Mark A. Mateya respectfully represents that: , counsel for the plaintiff/defendant in the above action (or actions), I. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $-.L~Lg~r s t The counterclaim of the defendant in the action is ~0.00 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Mark A. Mateya ~ WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ORDER OF COURT foregoing / actions) ~ p~yed for. I ' ~ Respectfully sub~tt~t~, - ,1-9c~c'~, ,~n consideration of the , Esq., are appointed arbitrators in the above captio-- ~td action (or STfVE 'M6NNETT, d/b/a STEVENS REPARIS UNLIMITED, Plaintiff/Appellee VS. DAVID E. CLAPPER, Defendant/Appellant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'I~, PENNSYLVANIA NO. 03-5574 , 2_~003 TERM OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth 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 affn'med), make the following award: fArote.' If damages for delay are awarded, the~ shall be separately stated) · Arbitrator, dissents. (insert name if applicable.) Date of Hearing: Date of Award: Chairman NOTICE OF ENTRy OF AWARD Now, the __ day of ,20_ , at __:_ , .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Artibi~ators'compensation to be Paid upon appeal: Pro~onotary $ 290.00 By: Deputy STEVE MONNETT, d/b/a STEVE'S REPARIS UNLIMITED, Plaintiff/Appellee VS. DAVID E. CLAPPER, Defendant/Appellant OATIt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5574 , 2003 TERM We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will~di~scharg~the duties of AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Date o f Hearing: '~{/"~ (~' NO~CE OF ENTRY OF AW~ Now, ~c ~y of ~(~ , 2~, at~:~ ~ ,M., ~he above awed was entered upon ~c docket ~d notice ~eof ~vcn~ marl to ~c pa~cs or th~omcys. Paid upon appeal: ~mm~o~ ~ STEVE MONNETT, d/b/a STEVE'S REPAIRS UNLIMITED, Plaintiff/Appellee V. DAVID E. CLAPPER, Defendant/Appellant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 03-5574 `= CIVIL ACTION -LAW pr- N) . ?= 00 SATISFACTION OF CLAIM ':D r ..-i F_ rM ;D - (7) C-) rn AND NOW comes Steve Monnett, d/b/a Steve's Repairs Unlimited, by and through his counsel, Mark A. Mateya, Esquire and advises the Court that the claim/lien filed to the above term and number in the amount of $1,396.49, has been satisfied in full. Please mark your records accordingly to reflect 4, -44 that the aforementioned claim has been satisfied, cUs(_Q^ j_. Pe? ` 7 a ? r 11 Respectfully submitted, "A. Mark A. Mateya, wire 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 - Fax Date: '°Z /Z; //t CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by depositing a true and correct copy of the same in the United States Mail, by way of United States Mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania addressed to: Dave Clapper 210 Opossum Lake Road Carlisle PA 17013 Mark A. Mateya, Es ire 55 W. Church Avenue Carlisle PA 17013 (717) 241-6500 (717) 241-3099 Fax Dated: Z. L 3 ??