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HomeMy WebLinkAbout03-6366PATRICK AND MARY DUGGAN, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA ROBIN BARRE"Fr, Defendant CIVIL ACTION NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice have been served. To defend against aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the Defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgment for any money claimed in the complaint or for another claim required by the Plaintiff may be entered against you by the Court without further notice. You may lose money, 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. LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013 Brian K Zellner, Esquire 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975 - 9446 Atty Id. No. 59262 PATRICK AND MARY DUGGAN, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NC). ROBIN BARRETT, Defendant CIVIL ACTION COMPLAINT 1. The Plaintiff Patrick Duggan is an adult individual with an address of 23 Brentwood Road, Camp Hill, PA 17011. 2. The Plaintiff Mary Duggan is an adult individual with an address of 23 Brentwood Road, Camp Hill, PA 17011. 3. The Defendant Robin Barrett is an adult individual with an address of 520 Overland Drive, Irwin, PA 15642. 4. The Defendant Robin Barrett is a breeder of Fila Brasilero/Brazilian Mastiff dogs who owns and operates a business called Harley Acre Filas. 5. The Defendant Robin Barrett has a web site on the Internet advertising Fila Brasilero puppies for sale. 6. On May 31, 2003, the Plaintiffs purchased from the Defendant a fawn male Fila Brasilero puppy for $1,000.00. 7. The Fila Brasilero was advertised as being protective and good with children. 8. The Fila Brasilero was advertised as being unbelievably gentle and loving with children. 9. The Plaintiffs have four young children ranging in age from nine to newborn. 10. Between May 31, 2003 and September 27, 2003, the puppy bit three of the Plaintiffs' children several times. 11. The puppy bit the children in the throat and on their extremities which broke the skin and caused bleeding. 12. The puppy was more aggressive than a Fila Brasilero should be for a puppy. 13. On September 27, 2003, the Plaintiffs returned the dog to the Defendant. 14. The Defendant has not refunded the Plaintiffs' money or returned the Plaintiffs' crate. COUNT I EQUITY- UNJUST ENRICHMENT 15. The Plaintiffs incorporate by reference hereto paragraphs 1 through 14 as if more fully set forth herein. 16. The Plaintiffs have conferred a benefit on the Defendants because she has the puppy, the Plaintiffs' money and the crate. 17. The Defendant has appreciated such benefits. 18. It would be inequitable for the Defendant to retain the dog, the Plaintiffs' money and the crate. 19. The Plaintiffs are requesting the refund of their money and reimbursement for and/or return of the crate. WHEREFORE, the Plaintiffs request judgment in an amount less than $35,000.00. COUNT II BREACH OF CONTRACT 20. The Plaintiffs incorporate by reference hereto paragraphs 1 through 19 as if more fully set forth herein. 21. The Plaintiffs and the Defendant had a contract for the purchase of the fawn, male Fila Brasilero. The Plaintiffs believe that they may have signed a written contract, but do not have a copy to attach to the complaint. 22. The Defendant represented that the puppy would be protective and good with children. 23. The Defendant breached the contract because the puppy was aggressive. WHEREFORE, the Plaintiffs request judgment in an amount less than $35,000.00. Brian K. Zellner, Esquire 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975- 9446 Atty Id. No. 59262 VERIFICATION I verify that the statements made in this document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. VERIFICATION I verify that the statements made in this document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 PaC.S. Section 4904, relating to unsworn falsification to authorities. SHERIFF'S RETURN - CASE NO: 2003-06366 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUGGAN PATRICK ET AL VS BARRETT ROBIN OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , BARRETT ROBIN but was unable to locate Her in his bailiwick. deputized the sheriff of WESTMORELAND County, serve the within COMPLAINT & NOTICE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, to On January 15th , 2004 , this office was in receipt of the attached return from WESTMORELAND Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Westmoreland 63.30 .00 100.30 DARRELL DETHLEFS Sheriff of Cumberland County Sworn and subscribed to before me this 2/~ day of~ ~6~9 ~ A.D. -- I Prothonota~y~ · In The Court of Common Pleas of Cumberland County, Pennsylvania Patrick Duggan et al V$. Robin Barrett SERVE: s~e No. 03-6366 civil December 12, 2003 Now, hereby deputize the Sheriff of Westmoreland deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to'execute this Writ, this Affidavit of Service within ,20 , at o'clock __ M. served the upon by handing to a and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT DEFT(S): CHRIS SCHERER,$HERIFF OF WESTMORELAND COUNTY 2 NORTH MAIN STREET (724) 830-3457 Fax (724) 830-3660 DAT~.n- LJSUM~ONS INDICATE TYPE OF SERVICE [] PERSON IN CHARGE [] PERSONAL ONLY [] CERTIFIED MAIL [] SEIZ1USTORE []REVIVAL OR SCI FA []SEIZURE OR POSSESSION []INTERROGATORIES []EXECUTION, GARNISHEE []HANDBILL ~]NOTICE SALE/DEBTORS RIGHT []OTn~a []LETT¥~I~ MAILED ~ P.O. [] DEPUTIZE [] [] POST SHERIFF'S OFFICE USE ONLY . ~ I herebyCERTlEYandRETURNthatonthe r/ day of ~ 27 .._~at /~0 ,o'.?ockA.]~.]~/l) ~ress Above/Address Below, County of Westmoreland Pennsylvama I have served m the manner Described below: ~ ~Defendant(s) personally served . . . II Adult in charge of Defendant's residence at time of serwce (name & relationship) [] Manager/other person authorized to accept [] Agent or person in charge of Defendant(s) office or usual place of business [] Other [] Property Posted Defendant Not Found because: [] Moved [] Unknownn~o Answer [] Vacant [] Other __ [] Attempts made by leaving Sheriff's Card No response [] Certified Mail [--] 1'~ Class Mail ~] Ordinary Mt~il/Cerflflcat~ of Mailing ATTEMPTS i'L'~-~,~"l~' CL-7~-{3~ ~0~ /~-L'~ 7-~0~/ / [-"/-O~/ /C~O~ DEPUTY'S REMARKS: Advanced monies received West d Sheriff's Costs j.e,.nd, NOW: 20 Sheriff of sDeputtzed Cry Costs Additional Amt Owed $ TOTAL COSTS RECORDED $ /_.,3.30 __ I, SHERIFF OF WESTMORELAND COUNTY, PA do hereby deputized the County to execute this Writ and make return thereof according to law. Deputized Cty Ck # __ Advance Amt $ . _De~putized Notary Ck $ SHERIFF AFFIRMED and subscribed to before me this ~--'~:~ ~ , ti~e S riff Date ~otary rublic/Pr/6~honot~ry ( '~ ', Ei$1ictu~¢ of 9~'~, 1'~ (Westmoreland Co) Date Prothonotary (White Cop~ I Attorn~ (Cana~ Copy) Sheriff (Pink Copy) Deputized Sheriff (~ld Copy) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATRICK AND MARY DUGGAN, Plaintiffs, VS. ROBIN BARRETT, Defendant CIVIL ACTION No. 03-6366 ANSWER, NEW MATTER AND COUNTERCLAIM Filed on behalf off ROBIN BARRETT, Defendant Counsel of Record for this Party: DANIEL P. BEISLER, Esquire Pa. I.D. No. 37532 1001 Ardmore Boulevard Suite 100 Pittsburgh, PA 15221 (412) 241-2311 No. 03-6366 IN THE COURT OF COMMON PLEAS OF CUMBE~ND COUNTY, PENNSYLVANIA PATRICK AND MARY DUGGAN, ) ) Plaintiffs ) ) ROBIN BARRETT, ) ) Defendant. ) CIVIL ACTION No. 03-6366 ANSWER AND NOW, comes the Defendant, Robin Barrett, by and through her Attorney, Daniel P. Beisler, Esqu/re, and fries the following Answer and New Matter to Plaintiffs' Complaint in Civil Action, averring as follows: 1. Paragraphs 1 through 7 of plaintiffs' Complaint are admitted. 2. In response to Paragraph 8 of plaintiffs' Complaint, defendant spent a great deal of time explaining to plaintiff Patrick Dug, gan the type of training needed for these types of dogs, that these dogs are very protective, and defendant advised plaintiff Patrick Duggan as to the precautions needed to be taken with these types of dogs. 3. In response to Paragraph 9 of plaintiffs' Complaint, defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of this averment. 4. In response to Paragraph 10 of plaintiffs' Complaint, after reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. No. 03-6366 5. In response to Paragraph 11 of plaintiffs' Complaint, after reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 6. In response to Paragraph 12 of plaintiffs' Complaint, after reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of this averment. 7. Paragraph 13 of plaintiffs' Complaint is specifically denied. Plaintiffs did not return the dog to the defendant. To the contrary, plaintiff Mary Duggan contacted the defendant and requested that the defendant take the dog. As set forth more fully in defendant's New Matter and Counterclaim, defendant drove to a meeting place with plaintiff Mary Duggan at which time plaintiff Mary Duggan gave the dog over to the defendant. 8. In response to Paragraph 14 of plaintiffs' Complaint, it is admitted that the defendant has not refunded any of the plaintiffs' money as, as set forth more fully in defendant's New Matter and Counterclaim, defendant does not believe plaintiffs are entitled to refund. In regard to plaintiffs' crate, defendant has agreed to return the crate that was provided at the Ume that plaintiff Mary Duggan requested that the dog be taken. 9. Paragraph 15 of plaintiffs' Complaint requires no ans~ver. 10. Paragraph I6 of plaintiffs' Complaint contains conclusions of law for xvhich no answer is required. By way of further answer, it is specifically denied that the plaintiffs have conferred a benefit on the defendant because she has the puppy, the plaintiffs' money and the crate. To the contrary, defendant has provided benefit to the plaintiffs by agreeing to take the dog back at the plaintiff Mary Duggan's request. No. 03-6366 11. Paragraph 17 of plaintiffs' Complaint contains conclusions of law for which no answer is required. By way of further answer, the defendant has not appreciated such benefits. Strict proof of this averment is demanded at the time of trial. 12. Paragraph 18 of plaintiffs' Complaint is a conclusion of law which requires no answer. By xvay of further answer, it is not inequitable for the defendant to retain the dog and the plaintiffs' money. Strict proof of this averment is demanded at the time of trial. 13. Paragraph 19 of plaintiffs' Complaint contains conclusions of la~v for which no answer is required. By way of further answer, defendant has agreed to return the crate but does not believe that plaintiffs are entitled to a refund of their money and strict proof of this averment is demanded at the time of trial. WHEREFORE, Defendant Robin Barrett respectfully requests that Count I of plaintiffs' Complaint concerning Equity/Unjust Enrichment be dismissed. 14. Paragraph 20 of plaintiffs' Complaint requires no answer. 15. Paragraph 21 of plaintiffs' Complaint is admitted. A copy of the Contract signed by Patrick Duggan and Robin Barrett is attached to this pleading as part of defendant's New Matter. 16. In response to Paragraph 22 of plaintiffs' Complaint, defendant did represent that the puppy would be protective and good with children. Hoxvever, defendant also represented to the plaintiffs, as set forth more fully in defendant's New Matter, that this type of dog reqmred a great deal of socialization. No. 03-6366 17. Paragraph 23 of plaintiffs' Complaint contains conclusions of law for which no answer is necessary. By way of further answer, defendant did not breach the Contract because the puppy was aggressive. To the contrary, defendant believes that plaintiffs may have breached the agreement by failing to properly train the dog. Strict proof of this averment is demanded at the nme of trial. WHEREFORE, Defendant Robin Barrett respectfully requests that Count II of plaintiffs' Complaint concerning breach of contract be dismissed. 18. reference. 19. NEW MATTER Paragraphs 1 through 18 of plaintiffs' Complaint are hereby incorporated by At the time of purchase of this dog, defendant, Patrick Duggan, was provided xvith a Contract outlining the responsibility of an owner of this type of breed. Defendant believes and therefore avers that plaintiff Patrick Duggan failed to adhere to the directions provided to him by the defendant by xvay of this agreement and by way of oral conversations on multiple occasions concerning proper training. 20. Plaintiff, Mazy Duggan, contacted defendant by telephone to ask that the defendant take the dog back. Defendant drove across Pennsylvania to meet with plaintiff Mazy Duggan, drivLng round trip over 240 miles, at which time plaintiff Mary Duggan presented the dog to the defendant. At no time when plaintiff Mazy Duggan asked defendant to take the dog xvas there a request for any type of refund of monies. Plaintiff did provide a crate for the return trip of the defendant to her place of business and said crate is available for return to the plaintiffs. Said actions of the plaintiff Mazy Duggan constitutes a consent to the defendant taking the dog. No. 03-6366 2I. Plaintiff Patrick Duggan, at the time of the purchase of the dog, signed an agreement advising that he was aware of certain steps needed to be taken in regard to this type of breed. A true and correct copy of that agreement is attached hereto as defendant's Exhibit "1". Said agreement constitutes a release from any claim for breach of contract as plaintiffs knew or should have known steps needed to be taken in regard to the care of the dog but failed to abide by those terms. 22. Since the time that the dog was taken back by the defendant at the request of plaintiff Mary Duggan, plaintiff Patrick Duggan has refused to return the dog's papers to the defendant despite knowing that the dog's papers are needed if the dog is ever to be resold. Plaintiff Patrick Duggan has refused to provide any health history or records from the time that the dog was seven weeks old through the time he was six months old. 23. Defendant believes and therefore avers that plaintiff Patrick Duggan failed to properly train this dog. Defendant, a breeder of this type of dog, has noticed since the dog's return that the dog does not like men and attributes this to possible mistreatment by the plaintiff Patrick Duggan of the dog. WHEREFORE, Defendant Robin Barrett respectfully requests that plaintiffs' Complaint be dismissed. 24. reference. 25. COUNTERCLAIM Paragraphs 1 through 24 of plaintiffs' Complaint are hereby incorporated by Defendant, at the request of plaintiff Mary Duggan, traveled to Exit 189 Willow Hills on the Pennsylvania turnpike on September 27, 2003, taking the dog at the plaintiff Mary Duggan's request. Defendant has incurred the following costs as a result of taking the dog from plaintiff Mary No. 03-6366 Duggan; Travel of 242 miles at 36 cents per mile (round trip from Irwin, Pennsylvania to Willow Hills) $87.26; Round trip turnpike toll $9.80; Boarding and Feeding the dog, 52 days ~ $15.00 per day 780.00 Medical costs: 1) Worming $23.68; 2) Canine 5 $10.00; 3) Rabies $15.00 4) Office visit $25.00 TOTAL: $73.68 26. If not for the request by plaintiff Mary Duggan to come and take the dog, defendant would not have recurred the above costs. WHEREFORE, defendant Robin Barrett seeks reimbursement of costs from plaintiffs Patrick and Mary Duggan in the amount of $950.74. Respectfully submitted, Daniel P. Beisler, Esquire Attorney for Defendant, Robin Barrett ~ ~ 07-17-03 am purchasing a Fila and I been told that this breed can be very protective and it is in my best interest to socialize this puppy as much as possible. Over socialization still will not guarantee that this puppy will he accepting to strangers and 1 am aware that means I must take precautions when anyone other than the immediate family is in contact with this puppy/dos- I have taken steps to insure that other~ a~ gale with proper fence height, secure locks on fences, secure doors and windows etc ... 1 have also spoke to at least one other Fila breeder that I selected myself from the research my breeder suggested and by signing this 1 agree that I have been made aware of the responsibility that comes with owning this breed of dog. 06. Breeder VERIFICATION I, ROBIN BARRETT, do hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, renting to unsworn falsification to authorities. DATE: '~ROBIN BA'P,.RETT No. 03-6366 CERTIFICATE OF SERVICE I, DANIEL P. BEISLER, do hereby certify that a true and correct copy of defendant's Answer, New Matter and Counterclaim was served upon the following this 27th day of January, 2004, by U.S. First Class Mail, postage prepaid: BY: Brian K. Zeliner, Esquire 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 DANIEL P. BEISLER, ESQUIRE 1001 Ardmore Boulevard, Suite 100 Pittsburgh, PA 15221 Patrick and Mary Duggan, Plaintiff Robin Barrett, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-6366 CIVIL ACTION PLAINTIFFS' ANSWER TO NEW MATTER AND COUNTERCLAIM OF THE DEFENDANT ROBIN BARRETT PLAINTIFFS' ANSWER TO NEW MATTER 19. Denied. Plaintiffs aver to the contrary that they attempted to adhere to the directions provided by the Defendant, however the Fila puppy was more aggressive than a Fila puppy should be at that yotmg age. 20. Denied. Plaintiffs aver to the contrary that the Defendant agreed to take the puppy back and resell him. The Plaintiffs also aver to the contrary that the Defendant agreed to reimburse the Plaintiffs with at least $250.00 at the time the puppy was returned. 21. Denied, The averment contained in this paragraph is a conclusion of law to which no response is required. 22. Denied. The Plaintiffs aver to the contrary that at no time did the Defendant request either the dog's papers or its health records, 23. Denied. Plaintiffs aver to the contrary that they attempted to train the puppy. However, the Fila puppy was more aggressive than a Fila puppy should be at that young age. WHEREFORE, Plaintiffs demand judgment in their favor and against the Defendant. PLAINTIFFS' ANSWER TO COUNTERCLAIM 24. Denied. The Plaintiffs deny that the Defendant is entitled to any money. Plaintiffs aver to the contrary that the Defendant agreed to take the dog back and resell the dog. 25. Denied. The Plaintiffs aver to the contrary that the Defendant agreed voluntarily to take the dog back and resell the dog. WHEREFORE, Plaintiffs demand judgment in their favor and against the Defendant. Date: 2-/tO/Oc[ ~ner, Esquire Attorney for Plaintiff 3805 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney ID #59262 PATRICK AND MARY DUGGAN, Plaintiffs COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 03 - 6366 ROBIN BARRETT, Defendant CIVIL ACTION CERTIFICATE OF SERVICE I, Brian K. Zellner, Esquire, do hereby certify that on this /o+' day of ,2004, I did serve a true and correct copy of the foregoing document on all counsel of record by depositing a copy of the same in the United States mail, first class postage prepaid, addressed to: Daniel P. Beisler, Esquire 1001 Ardmore Boulevard Suite 100 Pittsburgh, PA 15221 Brian K. Zellner, Esquire 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975 - 9446 Atty Id. No. 59262 VERIFICATION I verify that the statements made in this document are true and correct to my personal knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Patrick and Mary Duggan, Plaintiffs Robin Barrett, Defendant RULE 1312-1. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.03-6366 C~;~ 19 CIVIL ACTION : The Petition ~r Appointment of Arbiffators shall be substantially in the ~llowing ~rm: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Brian K. Z ol lner, ~q. , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $1,000.00 The counterclaim of the defendant in the action is $ 950.74 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Brian K. Zellner, Esquire, 3805 Market Street, Camp Hill, PA 17011 Daniel P. Beisler, Esq., 1001 Ardmore Blvd., Ste.100, Pittsburgh,pA WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be 1 5221 submitted. Respectfully submitted, Brian K. Zellner, Esq. Attorney ID# 59262 3805 Market Street ORDEROFCOURT Camp Hill, PA 17011 ~~ (717) 975-9446 AND NOW, ~J~ , l~t~~19(/, in consideration of the foregoing petition, )~.../_..L~/c~ //~//L~/ Esq., '/~--~-.~/'a~ct-ion(o~/rt~ Esq., and >~/..~/.~/ffO ~//ff~- ~(?d-ff~" ,{sq., are appointed arbitrators in ~e actions) as prayed for. PJ. O Patrick and Mary Duggan, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.03-6366 CIV~ 19 RULE 1312-1. Robin Barrett, Defendant CIVIL ACTION 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: Prian K. -Z O1 lnor, ~gq. , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $1,0 0 0.0 0 The counterclaim of the defendant in the action is $ 9 5 0.7 4 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Brian K. gellner, Esquire, 3805 Market Street, Camp Hill, PA 17011 Daniel P. Beisler, Esq., 1001 Ardmore Blvd., Ste.100, Pittsburgh,pA WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be 15221 submitted. Respectfully submitted, Brian K. gellner, Esq. Attorney ID# 59262 3805 Market Street ORDEROFCOURT Camp Hill, PA 17011 ~ ~ (717) 975-9446 AND NOW, ~ ;~-~- , l~m~¢/, in consideration of the foregoing petition, (~:~.tJ-.~4e~-~ ~/,~.//L.~ Esq, ~ Esq,, and ~ ~AC~ (?~ - ,~rsq., are appointed arbitrat/SiS~e a& captioned action (or actions) as prayed for. Plaintiffs Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. O 5 - ~,.~ (~ d, Civil Action- Law. Oath We do solemnly swear (or affmu) 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. ~,~ga~_re I q7-'tz-990 Name (Chairman) L,4~ o F~tc~ l.aw Firm Address Signature ! ~'~' -]~- Name Ad.ess City, Zip City, Zip City, 'Zip Award We, the undersigned arbitrators, hwdng been duly appointed and swom (or affirmed), make the follow~_,g award: ,,(Note: If damages for delay are awarded, they shall be separately stated.) rt,~ t,v 4:..¢0~_ o¢' ?L,4,~r,~r- /~ '/~,,- A,~r~6~.oo ,~,,. "~ Date of Hearing: /I-2 -o ~l Date of Award:/I .' Z. -OCli · Arbitrator, dissents. (Insert name if applicable.) Notice of Entry of Award Now, the ,2."-~c"Ldayof J~.)r,(5 ,20~,at~i ,~2 , ~.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: