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Home My WebLink About08-4459COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. OS - 4/l{SV 6 VI/ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. t5?i a.Lgm_ 17????1 ? Avr - L o3 2 r ??f ?tir? o0 U ('1A' 'cry ADDRESS OF APPELLANT a- ,-f?,,? cL E ZIP _ F (-? AN / 7JZ? DATE OF JUDGMENT IN THE CASE OF (PA kMW) (Dda,dwor fJ t? ?, f .s f}-trrrJ 1) -09 _'Ow?-TrS ,e z co -A c?0o()() 113-0 V This block will be signed ONLY when this rotation is required under Pa. R.C.P.D.J. No. 100813. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. So-h- of Pr N-wfi ry a DV* 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.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary IJ B R ?- W Enter rule upon appellee(s), to fie a complaint in this appeal Name of appelt"(s) (Common Pleas No. )within twenty (20) days after service or ffer entry of judgment of non pros. ure ofaAooAwf oraMomey or agent RULE: To [ 2? W TrS , appellee(s) Name of appWee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. ??,// Date: 20Qr r?Y. o Q2y SOffft- of &Y o? DapeRY YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANTS COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of affiant Signature of official before whom affidavit was made Tift or official My commission expires on 20 W C7 c?? J C= '71 k ! -n n ` N) ` _ C C=? -` C=) •Pj &MMONWEALTH of PENNSYLVANIA NOTICE OF JUDGMENT/ TRANSCRIPT COUNTY OF: CUMBERLAND CIVIL CASE Mag. Dist. No.: PLAINTIFF: 09-1-03 NAME and ADDRESS $91MLER - S AUTOMOTIVE ? MDJ Name: Hon. 110 STATE HIGHWAY RICHARD S. DOUGHERTY ENOLA, PA 17025 Add,ess: 9 8 S $NOLA DR STE 1 ENOLA, PA - _J VS. DEFENDANT: NAME and ADDRESS Telephone: (717) 728-2805 17025 5ilATTS, DEBRA -1 100 FRONT STREET WEST FAIRVIEW, PA 17025 DEINLER'S AUTOMOTIVE 110 STATE HIGHWAY ENOLA, PA 17025 THIS IS TO NOTIFY YOU THAT: FOR D11FEHDANT Judgment'. -(Date of Judgrr?nt) _ ® Judgment was entered for: (Name) WATTS, DEBRA ® Judgment was entered against: (Name) DEINLER' S AUTOMOTIVE in the amount of $ .00 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. F' Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease Y PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE O PEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDgq fL _ TS. TO ENTERgHE JUDGMENT IN THE COURT OF.COMMON -P.LEAS .ALL FURTHER -PROCESS MUST . COME FROM THE COURT OF COMMON PLEAS AND NO I`UlAtkii PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT, COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, LES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. JUN Z $ 2008 Date Fos I certify that this is a true and co ect copy th oft e p _ e57 Date L J Docket No.: CV-0000113-08 Date Filed: 6/02/08 CROSS COMPLAINT 001 Magisterial District Judge containing the judgment. Magisterial District Judge My commission expires first Monday of January, 2012 AOPC 315-07 SEAL Amount of Judgment $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ . 'O Total $ .00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ DATE PRINTED: 6/27/08 9:06:00 AN 1 * COMMONWEALTH OF PENNSYLVANIA nl INTY OF- CUMBERLAND Mag. Dist. No.: 09-1-03 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS RA A FNATTS DE B , 100 FRONT STREET NEST FAIRVIEW, PA 17025 L J VS. DEFENDANT: NAME and ADDRESS FDEIMLER'S AUTOMOTIVE & TONING 110 STATE HIGHWAY ENOLA, PA 17025 L J Docket No.: CV-0000113-08 Date Filed: 4/28/08 MDJ Name: Hon. RICHARD S. DOUGHERTY Address: 98 S ENOLA DR STE 1 ENOLA, PA Telephone: (717 ) 728-2805 17025 DEIMLER'S AUTOMOTIVE & TONING 110 STATE HIGHWAY ENOLA, PA 17025 THIS 1S TO NOTIFY YOU THAT: Judgment FOR PLAINTIFF rX1 Judgment was entered for: (Name) ® Judgment was entered against: (Name) in the amount of $ 1,549.01 (Date of Judgment) 6/26/88- - WATTS, DEBRA A DEIMLER'S AUTOMOTIVE & TONING Defendants are jointly and severally liable. F1 Damages will be assessed on Date & Time F1 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 $ Amount of Judgment $ 1,450.00 Judgment Costs $ 99.03 Interest on Judgment $ .00 Attorney Fees $ Total $ 1,549.00 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 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 MAGISTERIAL DISTRICT JUDGES, 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 MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. .iUN 16 2008 Date I certify that this is a true and co Date My commission expires first Monday of January, 2012 AOPC 315-07 DATE PRINTED: 6/27/08 9:07:00 AM , Magisterial District Judge copy th oft e p 6teedings containing the judgment. , Magisterial District Judge SEAL r ? rv ca co v 33 Z m ? o w o PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF rrr+-Lr?p ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas (? ?:?/r( upon the District Justice designated therein on (date of service) 20 0 ? by personal service.Z by (certified) (registered) mail, sender's receipt attache hereto, and upon the appellee, (name) k, ? C , on 20 C) ? by personal service P by (certified) (registered) mail, sender's re eipt attached hereto. (SWORN) (AFFIRMED) AND UBS iBED BEFORE ME THIS DAY OF f o?Fa!ure ot'vf8ci91 befor0 who`(h affidavit was made TWO f official My c6mmission'expires on,-b-)Q 20? ,COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chrlstlne A. Miller, Notary Public City Of Harrfstwrg, Dauphin County My Cmvr& Ion Expires May 23, 2008 Member, Penneylvenla Asaoolation of Notarles LoVMMVNVVtAL1h VF f'tNNSYL COURT OF COMMON PLEAS Judicial District, County Of DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. G? ?? NOTICE OF APPEAL. Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. w'rt?uw1 MAG. DIST. NO. If DATE OF JUDGMENT \\??GJ IN THE CASE OF (Pio nfir) (prp l' r j } ... E l.? W 4 lr'ti.P- l ,.,1 V6 DOCKET No. 00c) !' ^ sIGNATi OF OR AGENT JJ This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this lose. NOTICE OF APPEAL FROM 'A 7 h?. Was uawnerir (see f'a. R.G.P. before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after Ning the NOTICE of APPEAL. S00ft r?ofP-d-Way-Deputy 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.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary In 1 r-. Enter rule upon c# appellee(s), to file a complaint in this appeal Name of appease(s) (Common Pleas No. L?4S _ yy c )within twenty (20) days after service ffer entry of judgme` !0fon pms. D, N opollw or M-b Wy or sow RULE: To Gs,9 n , '° u... I W A- 7-7--S appellee(s) Name of appease(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by m Quak a`rWs or by certitled or registered mail. (2) If you do nanliI arxlmptaint,.wilis time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The datd of service of this rule if se by mail is the date of the mailing. Date: f ` s 20UF'.tu.. OFAMMOXY or Bplh 3vative r YOU MUST ErA COPY,OF , TIOTICE OF JUDGMENTITRAN RIPT FORM WITH THU NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY 4 " 1 USPS, ENOLA ENOLA, Pennsylvania 170259998 4134870025 -0097 08/01/2008 (800)275-8777 01:12:15 PM Sales Receipt Product Sale Unit Final Description Qty Price Price ENOLA PA 17025 Zone-0 $0.42 First-Class Letter 0.50 oz. Return Rcpt (Green Card) $2.20 Certified $2.70 Label #: 70080150000253649082 Issue PVI: - $5.32 ENOLA PA 17025 Zone-O $0.42 First-Class Letter 0.40 oz. Return Rcpt (Green Card) $2.20 Certified $2.70 Label 70080150000253649075 Issue PVI: $5.32 Total: $10.64 Paid by: Cash $20,00 Change Due: -$9.36 Order stamps at USPS.com/shop or call 1-800-Stamp24, Go to USPS.com/clicknship to print shipping labels with postage. For other information call 1-800-ASK-USPS. Bill#: 1000302607667 Clerk: 04 All sales final on stamps and postage. Refunds for guaranteed services only. Thank you for your business. WWWWWWWWWWWWWWWWW7CWWW?YWWWYtWWXWWWWWWWWWWW WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW W7KWW HELP US SERVE YOU BETTER Go to: http://gx.gallup.com/pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW WWWWWWWWWWWWWWWWWYt YtW YC YC?WWWWWWWWWWWWWWYCWW ci? , i 1 1 n 1V N 2906 h9ES 2000 OS2p a?. ( \ fi 1r Y k' d? !, - ? r!I -'r j" O :2, j `?' cam; ?S y STO 900E Customer Copy SL06 ?9ES 2pQ0 DEBRA WATTS, Plaintiff, : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND : COUNTY V STAN DEIMLER DBA DEIMLER AUTOMOTIVE AND TOWING, Defendant : NO. 08-4459 CIVIL ACTION-LAW NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 ¦•rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr? DEBRA A. WATTS, Plaintiff v STAN DEIMLER, DBA DEIMLER AUTOMOTIVE & TOWING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY : NO. 08-4459 : CIVIL ACTION-LAW ¦¦rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr? COMPLAINT AND NOW, comes the Plaintiff, Debra A. Watts, by and through her attorney, Richard Koch, and avers the following: 1. Plaintiff is Debra A. Watts, an individual residing at 100 Front Street, West Fairview, PA 17025. 2. Defendant is Stan Deimler, an individual dba Deimler's Automotive and Towing, at 110 State Highway, Enola, PA 17025. 3. On or about August 26, 2008, Defendant agreed to perform work on Plaintiff's automobile. 4. The work involved the installation in the Plaintiffs automobile of a replacement engine and related labor and parts. 5. Plaintiff paid Defendant the estimated cost of the completed job, $2100.00, in four installments over a four month period in 2006. 6. On or about April 21, 2008, after repeated enquiries to Defendant about the progress of the work, Plaintiff removed her automobile and the replacement engine from Defendant's workplace. 7. Plaintiffs automobile was in worse condition when she retrieved it than when she first took it to the Defendant's workplace, due to his storage practices.. 8. Magisterial District Judge Richard S. Dougherty found for Plaintiff, but reduced her judgment amount by $500.00 for the used engine, and $150.00 for parts installed by the Defendant. 9. To date, the balance of the $2100.00 paid by the Plaintiff to the Defendant remains in the possession of the Defendant. 10. Plaintiff has been harmed and damaged by not receiving the promised work from the Defendant. 11. Plaintiff has also been harmed and damaged by the Defendant's refusal to return the money she paid him that was not earned. 12. Plaintiff has also been harmed and damaged by the Defendant's storage practices. 13. Plaintiff has also been harmed and damaged by the lack of use of her automobile because of the Defendant's inaction. WHEREFORE, Plaintiff Debra A. Watts requests this Court to enter judgment against the Defendant, Stand Deimiler, dba Demeiler Automotive & Towing, in the amount of $1549.00 plus costs and attorney's fees, and any other relief the Court deems just and appropriate. +1AAI JV*t- Respectfully Submitted, i and , Esquire Law Offices of Richard Koch 710 South Market Street Mechanicsburg, PA 17055 08-12-2008 17:03 J8 CONTS 7177748878 PRGE1 - 08/12/2008 13:01 7177963600 R MARK THOMS ESWIR PAGE 04/04 VBMFICATION I, DEBRA A. WA7"M bmby va* *#A *0 mements made in the fM191oing Cowisint are true and correct. I woda&Und thrt false stet mm's b ? are sip rA the pcnalciee of 19 Pa. C.S §4W, relating m unswo:m falOcraian to autlWidM DEBRA A. WA M Dax 08-12-2008 13:07 JS CONTS 7177748878 PAGE4 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Complaint in 08-4459, an Appeal from a MDJ decision, upon the defendant, by depositing same in the United States Mail, first class mail, postage prepaid, on the 14th day of August 2008, from Mechanicsburg, Pennsylvania, addressed as follows: Deimler's Automotive & Towing Attn.: Stan Deimler 110 State Highway Enola, PA 17025 RESPECTFULLY Vichird KSch, Esquire 101 South Market Street Mechanicsburg, PA 17055 (717) 691-1882 ID# 92956 a v T «?? - r 'i}C .? DEBRA A. WATTS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-4459 STAN DEIMLER, DBA DEIMLER AUTOMOTIVE & TOWING, Defendant :CIVIL ACTION - IN LAW DEFENDANT'S ANSWER AND NOW, comes the Defendant, Stan Deimler, d.b.a. Deirriler Automotive & Towing, by his attorney William L. Grubb, Esquire, and files this Defendant's Answer in response to the Plaintiffs Complaint as follows: 1. Admitted, based upon information and belief 2. Admitted. 3. Denied. Defendant denies having entered into an agreement or contract with Plaintiff on or about the date stated. By way of further answer, since Plaintiff had instituted a Civil Action Docket No. CV-0000113-08 in Magisterial District 09-1-03 on April 28, 2008, Defendant was not inclined to enter into a business relationship with Plaintiff. 4. - Denied. By way of further answer, Plaintiffs Complaint does not set forth with requisite specificity the vehicle in question or the purported services to be rendered, and strict proof is demanded at time of trial. 5. Denied. By way of further answer, Plaintiff made a payment to Defendant in late November, 2006 for billing owed to Defendant by Frank Watts, deceased. 6. Admitted in part and Denied in part. It is admitted that Plaintiff removed an automobile and rebuilt engine from Defendant's workplace. Answering Defendant is without sufficient knowledge or information as to the ownership of the vehicle, and it is denied in part, and strict proof is demanded at time of trial. 7. Denied. Answering Defendant is without sufficient knowledge or information as to the ownership of the vehicle, and it is therefore denied, and strict proof is demanded at time of trial. By way of further answer, Defendant permitted Frank Watts, deceased, to park a vehicle at Defendant's place of business, and it is Denied that Defendant was negligent in his storage practices. By way of further answer, Plaintiffs Complaint does not set forth with requisite specificity the damages complained of, or the duty of the Defendant to Plaintiff, or the breach of that duty, and strict proof is demanded at time of trial. 8. The averements contained in paragraph 8 of the Plaintiffs Complaint constitute conclusions of law to which no response is required. To the extent that they are deemed factual in nature, it is admitted that MDJ Dougherty found for the Plaintiff in CV-0000113-08 in the NOTICE OF CIVIL JUDGMENT, and the writing speaks for itself. 9. Denied. Plaintiff has paid to Defendant the sum of Three Hundred Dollars ($300.00) for billing owed to Defendant by Frank Watts, deceased. 10. Denied. Defendant had entered into a business agreement with Frank Watts, deceased, and never entered into an agreement with the Plaintiff. By way of further answer, the averements contained in paragraph 10 of Plaintiffs Complaint constitute conclusions of law to which no response is required. To. the extent hat they are deemed factual, they are Denied, and strict proof is demanded at time of trial. 11. Denied. Defendant denies owing Plaintiff any money, and any monies paid to Plaintiff would be unjust in that it would result in an unjust enrichment to the Plaintiff. By way of further answer, the averements contained in paragraph 11 of Plaintiffs Complaint constitute conclusions of law to which no response is required. To the extent hat they are deemed factual, they are Denied, and strict proof is demanded at time of trial. 12. Denied. The averements contained in paragraph 12 of Plaintiffs Complaint constitute conclusions of law to which no response is required. To the extent hat they are deemed factual, they are Denied, and strict proof is demanded at time of trial. 13. Denied. Answering Defendant is without sufficient knowledge or information as to the ownership of the vehicle, and it is therefore denied, and strict proof is demanded at time of trial. By way of further answer, Defendant permitted Frank Watts, deceased, to park the vehicle at Defendant's place of business, where it remained until it was retrieved by Plaintiff, who started the vehicle and drove it from the premises. By way of further answer, the averements contained in paragraph 13 of Plaintiffs Complaint constitute conclusions of law to which no response is required. To the extent that they are deemed factual, they are Denied, and strict proof is demanded at time of trial. WHEREFORE, the Defendant, Stan Deimler and Deimler Automotive & Towing, respectfully requests that judgment be entered in his favor and that Plaintiffs Complaint be dismissed with prejudice. Respectfully submitted, r Z -c7 C Date: U -Q-'4-- cif? William L. Grubb, Esquire I.D. # 72661 3803 Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 Attorney for Defendant VERIFICATION I, STAN DEIMLER, verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: Stan Deimler, Defendant CERTIFICATE OF SERVICE I, WILLIAM L. GRUBB, Esquire, certify that I have served a copy of the Defendant's Answer on the individual listed below by depositing the same in the United States Mail, First Class, postage prepaid, at Camp Hill, Pennsylvania: Richard Koch, Esquire Law Office of Richard Koch 710 South Market Street Mechanicsburg, PA 17055 Date: - 2 10< William L. Grubb, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 717) 763-5580 Attorney for Defendant C ( co DEBRA A. WATTS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY v STAN DEIMLER, DBA DEIMLER AUTOMOTIVE & TOWING, Defendant NO. 08-4459 CIVIL ACTION-LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Richard Koch, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $1549.00 plus cost and fees. There is no counterclaim by the defendant. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: William L. Grubb, Esq.; Richard Koch, Esq. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Ily submitted, ch6VU Koch, Esquire P Supreme Court ID # 92956 101 S. Market St. Mechanicsburg, PA 17055 It ". ORDER OF COURT AND NOW, this day of the foregoing Petition, Esq., and , 2008, in consideration of - Esq., and Esq., are appointed arbitrators in the above-captioned action as prayed for. BY THE COURT, EDGAR B. BAYLEY ` ! it U rr, tJll C? A ¦¦rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr? DEBRA A. WATTS, Plaintiff v STAN DEIMLER, DBA DEIMLER AUTOMOTIVE & TOWING, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY NO. 08-4459 CIVIL ACTION-LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Richard Koch, Esquire, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $1549.00 plus cost and fees. There is no counterclaim by the defendant. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: William L. Grubb, Esq.; Richard Koch, Esq. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. submitted, Phfilttl Koch, Esquire Supreme Court ID # 92956 101 S. Market St. Mechanicsburg, PA 17055 ORDER OF COURT AND NOW, this day of 2008, in consideration of the foregoing Petition - ,--Esq., and ALL: t Esq., and , Esq., are appointed arbitrators in the above-captioned action as prayed for. BY THE COURT, EDGAR B. BAYLEY V-v C) L- ?. rn rn U-3 C"i 6;17 -0 co c.s .?' LLJ <. c •' f- C JCL ?v cm rti U `? ci I CUMBERLAND COUNTY, PENNSYLVANIA DEBRA A. WATTS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-4459 V. STAN DEIMLER, DBA DEIMLER AUTOMOTIVE & TOWING Defendant : CIVIL ACTION - LAW NOTICE OF HEARING BY BOARD OF ARBITRATORS Please take notice that the arbitrators appointed in the above-captioned action will sit for the purpose of their appointment on Wednesday, February 4a', 2009 at 9:30 A.M. in the Second Floor Hearing Room of the Old Cumberland County Courthouse, Carlisle, Pennsylvania, at which time you may appear with your respective clients and witnesses to present such evidence and testimony as you may have in this case. If questions of law are to be raised, a short brief need to be submitted to the chairman seven (7) days in advance of hearing. Michael O. Palermo, Jr., Esquire Arbitrator Evan C. Pappas, Esquire Arbitrator Date: January 5, 2009 Y-A? et, Jerry A. Weigle, Esq ID #01624 WEIGLE & ASSOCIATES, P.C. 126 East King Street Shippensburg, PA 17257 (717) 532-7388 Chairman, Board of Arbitrators WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 Page 2 January 5, 2009 To: Richard D. Koch, Esquire Attorney for Plaintiff 101 S. Market Street Mechanicsburg, PA 170155 William L. Grubb, Esquire Attorney for Defendant 1 Courthouse Square Carlisle, PA 17013 Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 ('1 Cam.."'! i'? (? ? "F'f =-.. ' '?' G.... --1 ' ? ? tZ7 ?..._... ' S ; -r! ( 1 -rl`r_} ,T„a _; ? "7" - t n .. .i ti VER?- In The Court of Common Pleas of Cumberland 57)W U ic-7i l4 L_g)ltnh LmS9 E/ 11L-Gk ? ????7/?? -County, Pennsylvania No.?- 7 -A) -rd W fV Pfendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution o s Commonwealth and that we will discharge the duties of our office with fidelity. A Ap" 01 ~ % Signature Signature ?'EI2 Name rk 3 RICUAi7L 0, C?LWVII, J? OW (f,- l= N t Name o G ??" ?? l'? ?.YuSj Law Firm J Law Firm Law Firm L SQL ,PC,. / Z6 15 5 S Ay" iLS4: 3L12-5 -S? Address Address Address Pjgf,1?zP Coak-ts"IeR nto 6a.-,p 141 Ci ip City, zip City, Zip /.a 3 ys 9 Award !.A g39 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.) Q . Arbitrator, dissents. (Insert name Date of Hearing: Z /-? " (C }-!* Date of Award: 'L -?/- Notice of Enfr_y of Award Now, the day of , 20n, at ??, , 53 , -.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: $.390, 06 By: Prothonotary Deputy 0 Q r P C N n_ t .6` N Ln w O r 6M In The Court of Common Pleas of Cumberland 6?7/ 1''1 L tiff unty, Pennsylvania No.-? ? ? VG' •Eo S V8h 1(v Pfendmt Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United and the Constitution o 's Commonwealth and that we will discharge the duties of our office States fidelity. I Signature Signature I I& 1A I I I& 1A, I C-5 (Cjft L 0 /?L??? 14 Name Name Law Firm CURTIS R. LONG Prothonotary Cumberland County Suite 100 One Courthouse Square ??Nmn„,, Carlisle, PA 17013 ()F ?' `?'' ` . _ Law Firm n „. y?, Ses PIN r® PITNn}EYnnBOV? 02 1A $ W.4 0004631588 FEB04 MAILED FROM ZIP CODE 1 29g9 ED ? rtl1 9: '418 Ciar ,- WILLIAM L. GRUBB, ESQ. 3105 OLD GETTYSBURG ROAD q :G; V41) 0 i FI]? bQt CAMP HILI ?IAL J0 NIXIE 176 CE 1 84 02/07J RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD SC: 17013 *0119-06222-04- t-L .1°?,?=w -j-j2c 1???111???1113?????Il??I1?1??{,l Notice of En ry of Award 20 at ??r,.M., the above award was Now, the day of m the pies or their attorne s. , entered upon the docket and notice thereof given by ,` ??, ? ,n?- Ise 'w? 1 Arbitrators' compensation to be paid upon appeal: $ s?. Lam- `•^`? -A4 By: Prothonotary