HomeMy WebLinkAbout08-4951STOCK & GRIMES, .LLP
BY:Edward Stock, Esquire
I.-D.# 13657
304 West Avenue,
Jenkintown, PA 19046
(215) 576-1900
DISCOVER BANK, ISSUER OF
DISCOVER CARD, BY ITS AGENT
_DFS SERVICES, LLC
P.O. Box 7112
Dover, DE 19903
VS.
HOLLY A. GRAY
13 Texaco Road
Mechanicsburg, PA 17050-2623
CIVIL ACTION
"NOTICE"
"You have been. sued in court. Lf.you wish
to'defend against the claims set fortli in the fol-
lowing pages, you must take action within twenty
(20) days after this complaint and notice are
served, by entering a written appdarance person-
ally 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
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
NO- 0$ - NQ51 Civ i l `re-m
"AVISO"
"Le han demandado a usted en la Corte. Si
.usted quiere defenderse de estas demandas ex-
puestas en las piginas siguientes, usted. tiene
veinte (20) dias de plazo al partir de la fecha de
la demanda y la notificaci6n. Hace falta asentar
una comparencia escrita o en persona o con un
abogado y entrega.r a 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 defiende, la Corte tomara medidas
y puede continuar la demanda en contra suya sin
previo aviso o notificaci6n. Ademas, la Corte
puede decidir a favor del demandante y requiere
que usted cumpla con todas.las provisiones de
esta demanda. Usted puede perder dinero o sus
propiedades u otros derechos importantes para
usted."
HAVE A LAWYER OR CANNOT AFFORD ONE, "LLEVE ESTA DEMANDA A UN ABO-
GO TO OR TELEPHONE THE OFFICE SET GADO INMEDIATAMENTE. SI NO TIENE ABO-.
F=ORTH BELOW TO FIND OUT WHERE YOU GADO.0 SI. NO TIENE EL DINERO SUFICIENTE
CAN GET LEGAL HELP. DE PAGAR TAL SERVICIO, VAYA EN PER-
SONA 0 LLAME POR TELEFONO A LA OFI-
CINA CUY A DIRECCION SE ENCUENTRA
ESCRITA ABAJO '4RA AVERIGUAR DONDE.
SE PUEDE CONSE. )IR ASISTENCI,, LEGAL..
LAWYER REFERENCE SERVICES
Court Administrator -- Cu•ttberland County Courthouse
4th Floor, One Courthouse Square
Carlisle, PA 17013
(717) 240-6200
STOCK & GRIMES, LLP
BY: EDWARD STOCK, ESQUIRE
I.D. ##13657
804 West Avenue
Jenkintown, PA 19046
(215) 576-1900
DISCOVER BANK, ISSUER OF
DISCOVER CARD, BY ITS AGENT
DFS SERVICES, LLC
P.O. Box 7112
Dover, DE 19903
Plaintiff
vs.
HOLLY A. GRAY
13 Texaco Road
Mechanicsburg, PA 17050-2623
Defendant(s)
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
CIVIL ACTION-LAW
No.
v 5.-- y 9
CIVIL ACTION
COMPLAINT IN ASSUMPSIT
1. Plaintiff, Discover Bank, issuer of Discover
Card, by its agent DFS Services, LLC, is a duly
organized banking institution under the laws of the
State of Delaware and has a principal place of business
at the address contained in the above caption.
2. Defendant(s), Holly A. Gray, is an adult
individual and resides at the address contained in the
above caption.
3. After application by the Defendant(s) to the
Plaintiff for a credit card account, which application
was approved by the Plaintiff, the Plaintiff issued a
credit card to the Defendant(s) so that the
Defendant(s) could make purchases from merchants, on
credit, who had established a business relationship
with the Plaintiff in regard to the same.
4. Thereafter, the Defendant(s) utilized the said
credit card on various and sundry occasions.
5. Plaintiff attaches hereto as Exhibit "A" to
this Complaint, a true and correct copy of the last
monthly statement in regard to the activities in
connection with the Defendant's account and also
attaches hereto as Exhibit "B" to this Complaint, an
Affidavit from the Plaintiff attesting to the present
balance due the Plaintiff from the Defendant(s) in
regard to the said account.
6. Defendant(s) last payment upon belief was made
in 2007.
7. The present outstanding balance which is due
on the account(s) is $8,797.10; and, although repeated
requests and demands have been made upon the
Defendant(s) to satisfy the same in accordance with the
terms and conditions of the credit card agreement(s),
the Defendant(s) has/have and still refuse(s) to pay
the same.
8. As a further result of Defendant(s) breach of
the agreement for repayment of the account balance,
Plaintiff is entitled to reasonable attorney collection
fees.
9. Plaintiff's investigation has determined that
the Defendant is not in the military service.
10. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
WHEREFORE, Plaintiff, Discover Bank, issuer of
Discover Card, by its agent DFS Services, LLC, demands
Judgment against the Defendant(s), Holly A. Gray, in
the sum amount of $10,996.38 (principal sum of
$8,797.10 and attorneys fees of $2,199.28) with
interest and costs.
DATE : g? ?? ?og
EDWAR S UIR
VERIFICATION
The undersigned, EDWARD STOCK, ESQUIRE, hereby states that he is
the attorney for the Plaintiff who is located outside this jurisdiction and in order to
file the within document in an expedient and timely manner, he is authorized to
take this Verification on behalf of the said Plaintiff in the within action and
verifies that the statements made in the foregoing Complaint are true and correct
to the best of his knowledge, information and belief, based upon information
provided to him by the Plaintiff.
A Verification signed by the Plaintiff will be provided to Defendant or
counsel for Defendant upon request.
The undersigned understands that false statements herein are made subject to
the penalties of 18 P.A.C.S.A. § 4904, relating to unworn falsification to
authorities.
. J ?w7??mr7 Y d-?
CARD
INew balance minimum Payment uue
$8,797.10 $8,797.10
Payment Due Date
June 21, 2008
221;1. St` E A01 0005532
HOLLY GRAY
13 TI:, ACO RD
MECHAIIICSBURG PA 17050-2623
Account Number ending in V00Y
Enter Amount Enclosed Below '
$1
Please make check payable to Discover Card.
Minimum payment due includes a past due
amount of $1,723.00.
Will your payment get to us on time? Pay
your bill online and your payment can be
made to your account on the same day. Visit
Discovercard.com/payments today.
PO BOX 15251 Ill 11911111
WILMINGTON DE 19886-5251 e-rr above, or go h Discove cards m. Printaur?e-mail addre sto 1 rrr?Ilrlrrlrrl.Irrlrrllrrr1r1 rri1r1r1r1 "rrllrlrl"rilllrlril
receive impcdani Account information and special offers.
0000'D1986458224489431087971000000000879710
Discover More Card Account Summary
Closing Date: May 22, 2008 page 1 of 1
Account nurr bar ending in 0689 Previous Balance $8,797.10
Pay ment Due Date June 21, 2008 Payments And Credits 0.00
Minimum Payment Due $8,797.10 Purchases + 0.00
Credit Limit $10,100.00 Cash Advances + 0.00
Credit Available $0.00 Balance Transfers + 0.00
Ca:;h Credit Limit $0.00 Finance Charges + 0.00
Ca::h Credit Available $0.00 New Balance $8,797.10
Coshl?c>tck Bonus® Opening Cashback Bonus Balance $ 0.00
New Cashback Bonus Earned + 0.00
Cashback Bonus Balance $ 0.00
CashbackBonus(DAnniversary --------- --- Available to Redeem.- ---------- ._$ ---- -0.00--.
Date: July 22
How Can We Hel You? 1. Visit Discover.com to pay your bill for no cost, view our
p latest Account information, earn and redeem rewards and more
It's your choice - 3 ways to help 2. Call 1.800-DISCOVER (347.2683) for Fast, easy self-service
Please have your Discover Card available. options or to speak with a Customer Service Account Manager
3. Write us at Discover Card, PO Box 30943,
For TDD (assistance for hearing impaired) see reverse side Salt Lake City, UT 84130
Transactions $0 Fraud Liability Guarantee Use your Discover Card with confidence.
InFormation For You
While we are permitted under the Cardmember Agreement to increase the APRs on your Account because your payment
was late, we have chosen not to do so at this time. We have terminated, however, any introductory or promotional rate on
purchases and any special balance transfer rate, and applied the standard APR for purchases to your outstanding balance of
purchases and balance transfers. However, we reserve the right to increase the APRs on your Account if you fail to pay the
minimum payment due by the payment due date. See the Default Rate Plan section of the Cardmember Agreement for
details.
Finance Charge Summary
Nominal Transaction
Average Dai
ly ANNUAL ANNUAL Periodic Fee
Daily Perdic
io PERCENTAGE PERCENTAGE FINANCE FINANCE
Balances Rates RATES RATES CHARGES CHARGES
current billing period: 22 days
Purchases $0 0.07942% 28.99% F 28.99% $0 none
Cash Advances $0 0.07942% 28.99% F 28.99% $0 $0
previous billing period: 5 days
Purchases $0 0.07942% 28.99% F 28.99% $0 none
The rates that,ppply to your Account are either fixed (F) or they may vary (V) as noted above
EXHIBIT "A"
• II 1 .
ATTORNEY: STOCK
ACCOUNT NUMBER: 6011002180750689
BALANCE: $8,797.10
CARDMEMBER (S): HOLLY A GRAY
STATE OF OHIO
COUNTY OF FRANKLIN
Rex Payne, personally appeared before me, this day and after being duly sworn, according to law,
upon his/her oath and says:
I am a Legal Placement Account Manager for DFS SERVICES LLC., the servicing agent of
DISCOVER BANK, an FDIC insured Delaware State Bank.
THAT this affidavit is made on the basis of my personal knowledge and in support of Plaintiff's
suit on account against the Debtor(s)
THAT, in my capacity as Legal Placement Account Manager, I have control over and access to
records regarding the Discover Card Account of the above referenced Debtor(s), further, that I
have personally inspected said Account and statements regarding the balance due on said account.
DFS SERVICES, LLC. maintains these records,in the ordinary course of business.
THAT the annexed statement of account is a true and correct statement of what is now due and
owing Discover Bank on the account, and exhibit A is a copy of the Cardmember Agreement
between Discover Bank and the above referenced Debtor(s). The Cardmember Agreement
governs the terms and conditions of the relationship between Discover Bank and the Debtor(s) in
connection with the account.
Based on my review of the account records, to the best of my knowledge and belief the above
referenced Debtor(s) is not engaged in the military service of the United States and is a resident
of the State and of the Country in which this action has been filed.
I declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge.
Affiant
EXHIBIT "B"
'? i4? Pt?Yll-IS
NOypar, So offt,
:* *°2"
I
ryr a auaN?a'?`'?
Sworn and Subscribed before me,
This day of Thursday, June 12, 2008.
, R9quest for Military Status
Department of Defense Manpower Data Center
Military Status Report
Pursuant to the Servicemembers Civil Relief Act
Page 1 of 2" ' '
JUL-31-2008 08:37:10
-K Last Name First/Middle Begin Date ] Active Duty Status Service/Agency
GRAY HOLLY Based on the information you have furnished, the DMDC does not
possess any information indicating that the individual is currently on
active duty.
Upon searching the information data banks of the Department of Defense Manpower Data Center, based
on the information that you provided, the above is the current status of the individual as to all branches
of the Military.
y6t 4A4-4?m_
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that
maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the
official source of data on eligibility for military medical care and other eligibility systems.
The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act
[50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940).
DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced a small error rate. In the event the
individual referenced above, or any family member, friend, or representative asserts in any manner that
the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly
encouraged to obtain further verification of the person's active duty status by contacting that person's
Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on
active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA
may be invoked against you.
If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle
name), you can submit your request again at this Web site and we will provide a new certificate for that
query.
This response reflects current active duty status only. For historical information, please contact the
Military Service SCRA points-of-contact.
See: htt _//www defenselink mil/faq/pis/PC09SLDR.html
WARNING: This certificate was provided based on a name and Social Security number (SSN) provided
https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 7/31/2008
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-04951 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DISCOVER BANK
VS
GRAY HOLLY A
MARK CONKLIN , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
GRAY HOLLY A the
DEFENDANT
at 0920:00 HOURS, on the 23rd day of August , 2008
at 13 TEXACO ROAD
MECHANICSBURG, PA 17050
HOLLY GRAY
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing p$ 18.00
Service Oo 9.00
Affidavit .00
Surcharge 10.00
Sworn and Subscibed to
before me this day
of ,
So Answers:
s
R. Thomas Kline
08/25/2008
STOCK & GRIMES
By:
put S i f
A. D.
I.
DISCOVER BANK, ISSUER OF
DISCOVER CARD, BY ITS AGENT
DFS SERVICES, LLC
P.O. Box 7112
Dover, DE 19903,
Plaintiff
V.
HOLLY A. GRAY
13 Texaco Road
Mechanicsburg, PA 17050-2623
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 08-4951 CIVIL TERM
DEFENDANTS ANSWER TO PLAINTIFFS COMPLAINT
AND NOW, comes Holly A. Gray, by and through her counsel, Karl E. Rominger,
Esquire, and in support of avers as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied. Strict proof of the same is demanded.
6. Admitted.
7. Denied. Strict proof of the same is demanded.
8. Denied. Strict proof of the same is demanded.
9. Admitted.
10. Admitted.
WHEREFORE, the Defendant demands judgment in her favor and against the Plaintiff(s).
Respectfully Submitted,
Rominger & Associates
Date: September 26, 2008
Mrl E. Rominger, Esquire
155 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 241-6070
Supreme Court ID #81924
Attorney for Defendant
DISCOVER BANK, ISSUER OF
DISCOVER CARD, BY ITS AGENT
DFS SERVICES, LLC
P.O. Box 7112
Dover, DE 19903,
Plaintiff
vi.
HOLLY A. GRAY
13 Texaco Road
Mechanicsburg, PA 17050-2623
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 084951 CIVIL TERM
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, hereby certify that I this day served a copy of the
within Defendants Answer to Plaintiffs Conrlaint upon the following by depositing the
same in the United States mail postage pre-paid, at Carlisle, Pennsylvania addressed as
follows:
Edward Stock, Esquire
Stock & Grimes, LLP
804 West Avenue
Jenkintown, PA 19046
Respectfully Submitted,
Rominger & Associates
Date: September 26, 2008
Kafl E. Rominger, Esquire
155 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 241-6070
Supreme Court ID #81924
Attorney for Defendant
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Robert D. Kodak, Esquire
Supreme Court I.D. 18041
KODAK & IMBLUM, P.C.
Post Office Box 1 l 848
407 North Front Street
Harrisburg, PA 17108-1848
717-238-7152 Fax: 717-238-7158
email: robert.kodak@kodak-imblum.com
Co-Attorney for Plaintiff
DISCOVER BANK, ISSUER OF
DISCOVER CARD, BY ITS AGENT
DFS SERVICES, LLC
Plaintiff
VS.
HOLLY A. GRAY
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08-4951 CIVIL
: CIVIL DIVISION LAW
PRAECIPE FOR ENTRY OF APPEARANCE
To The Prothonotary:
Please enter the appearance of Robert D. Kodak, Kodak & Imblum, P.C., whose address
is 407 North Front Street, P.O. Box 11848, Harrisburg, PA 17108-1848, as Co-Counsel for
Discover Bank, Issuer of Discover Card, by its agent, DFS Services, LLC, the Plaintiff in the
above-captioned case.
Dated: June 8, 2009
Robert D. Kodak, Esquire I.D. No. 18041
Co-Counsel for Plaintiff
CERTIFICATE OF SERVICE
I, ROBERT D. KODAK, ESQUIRE, hereby certify that I have this date served a true and
correct copy of the Praecipe for Entry of Appearance in the above-captioned matter upon the below
listed individual(s) by causing same to be deposited in the United States mail, first class postage
prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows:
KARL E ROMINGER ESQUIRE
155 S HANOVER STREET
CARLISLE PA 17013
KODAK & IMBLU , P.C.
Robert D. Kodak
Attorney I.D. No. 18041
Attorney for Plaintiff
Dated: June 8, 2009
OF THE Pp(j) rC'NOTARY
2009 JUN -9 Pty 12: 39
pENiY
w
DISCOVER BANK issuer of Discover
Card, by its Agent, DFS Services, LLC
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-4951 CIVIL TERM
v
HOLLY A. GRAY
CIVIL ACTION - LAW
Defendant(s)
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Robert D. Kodak. Esquire, counsel for the plaintifffdefendentt in the above action, respectfully represents
that:
1. The above-captioned action(s) isfare at issue.
2. The claim of plaintiff in the action is $10,996.38, plus interest, collection fees and costs.
The counterclaim of the defendant in the action is: NONE
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as
arbitrators: Robert D. Kodak, Esquire (Kodak & Imblum, P.C.)
Karl E. Rominger, Esquire
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the
case shall be submitted.
Respectfumitted,
Robert D. Kodak, Esquire
Kodak & Imblum, P.C.
PO BOX 11848
Harrisburg, PA 17108-1848
(717) 238-7152
ORDER OF COURT
AND NOW, , 2009, in consideration of the foregoing petition,
Esq., and Esq., and
Esq., are appointed arbitrators in the above captioned action
(or actions) as prayed for.
BY THE COURT:
J
CERTIFICATE OF SERVICE
I, ROBERT D. KODAK, ESQUIRE, hereby certify that I served a true and correct copy of
the PETITION FOR APPOINTMENT OF ARBITRATORS in the above-captioned matter upon
the below listed individual(s) by causing same to be deposited in the United States mail, first class
postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows:
KARL E ROMINGER ESQUIRE
155 S HANOVER STREET
CARLISLE PA 17103
KODAK & IWLUM, P.C.
Robert D. Kodak, Esquire
407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
(717) 238-7159
Attorney I.D. No. 18041
Attorney for Plaintiff
Dated: July 14, 2009
OF 11-fE P`•.: i "',! b y
2009 JUL 15 Ph 12: 314
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DISCOVER BANK issuer of Discover
Card, by its Agent, DFS Services, LLC
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-4951 CIVIL TERM
v
HOLLY A. GRAY
Defendant(s)
CIVIL ACTION - LAW
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Robert D. Kodak, Esquire, counsel for the plaintiffAlefendant in the above action, respectfully represents
that:
1. The above-captioned action(s) ishm at issue.
2. The claim of plaintiff in the action is $10.996.38, plus interest, collection fees and costs.
The counterclaim of the defendant in the action is: NONE
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as
arbitrators: Robert D. Kodak, Esquire (Kodak & Imblum, P.C.)
Karl E. Rominger, Esquire
WHEREFORE, your petitioner prays your Horiorable Court to appoint three (3) arbitrators to whom the
case shall be submitted.
Respectfu s? mitted,
Robert D. Kodak, Esquire
Kodak & Imblum, P.C.
PO BOX 11848
Harrisburg, PA 17108-1848
(717) 238-7152
itrators in the above captioned action
:'_ N/vo,1\12?
) as prayed for.
ORDER OF COURT
2009, in consideration l?'of the foregoing petition,
- Esq., and Esq., and
Esq., are appoi
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BLED--C ROE
OF TIE T? -ti(, )TAAY
2009 JUL 22 AN 11: 13
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Plaintiff
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lei fendant
In The Court of Common Pleas of Cumberland
County, Pennsylvania No._jj_-q2T
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 of this Commonwealth and that we will discharge the duties of our office
with fidelity.
Signature ig a rSignature
Name (Chairman) Name
Law Firm
77 o SAC
Address
Mw c C1 vv?1
Law Firm
N? E
Name r
,. )CL>?- ? CJ
Law Firm
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Address Address
iznia CaILL?scf- N61115 O.-uldr- 1761
City, Zip city, zip City, Zip
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Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award/:- / (Note: If damages for delay are a larded,, they /shall be separately stated.) 1"h 4; " eA t, OF
qC-Tf
Date of Hearing: 2 a iG 4J) (l
Date of Award: / 2 G /d
Notice of Entrk6f Award
Now, the ayof,,,LAJ, of_,2010 , at ?.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: $ JSO, on
By:
Prothonotary
Deputy
. Arbitrator, dissents. (Insert name if applicable.)
!',F THE fug, N, NPTAPY
2010 JAN IS AM I k 06
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