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Home My WebLink About09-1373SAIDIS FLOWER & LINDSAY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW, NO. JAMES and MICHELLE 13 3 MOWERY, Defendant CIVIL TERM 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 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 Bar Association 32 South Bedford St. Carlisle, Pennsylvania Telephone number (717) 249-3166 SAMIS, FLOWER & LIlNDS" 26 West High Street Carlisle, PA 1 SAIDIS FLOWER & LINDSAY, Plaintiff V. JAMES and MICHELLE MOWERY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 4 q - 13 73 C,,;U 7,,w. CIVIL TERM COMPLAINT AND NOW, comes the Plaintiff, Saidis, Flower and Lindsay, P.C., and represents as follows: 1. Plaintiff, Saidis, Flower & Lindsay, is a Pennsylvania professional corporation with a principal place of business at 26 West High Street, Carlisle, Pennsylvania, 17013. 2. Defendant, James Mowery, is an adult individual last known to be residing at 213 South Molasses Street, Mt. Pleasant Mills, PA 17853. 3. Defendant, Michelle Mowery, is an adult individual last known to be residing at 213 South Molasses Street, Mt. Pleasant Mills, PA 17853. 4. On or about June 5, 2007, Plaintiff and the Defendants entered into an agreement. 5. Pursuant to the oral agreement, Plaintiff provided professional services to the FLOWER & I.WDS" 26 West High Street Carlisle, PA Defendants in the case T.P. Holdings, L.P. v. Wild J's, Inc., et al CV-441-2007 in County. Defendants are the owners of Wild J's Inc. 6. Plaintiff's professional services were provided to the Defendants between dates of June 5, 2007, and September 4, 2008. 7. Defendant acknowledged their obligations by making payments for 2 professional services rendered by Plaintiff. A true and accurate copy of the Client Ledger is attached as Exhibit "A". 8. On or about June 23, 2008, Defendant, Michelle Mowery, responded to an email stating the following: "In addition, it was you that said, after Jim made the $1 k a week arrangement, that if we sent a payment every other week, or so, that would be fine. I am doing the best I can given the economy and our financial circumstances. We will not let our bill with Saidis Flower and Lindsay go unpaid. It just will take a while. I'm sorry" A true and accurate copy of this email is attached as Exhibit "B". 9. On July 2, 2008, Defendants made their last payment of $1,000 to Plaintiff for the professional services rendered by Plaintiff. 10. On September 29, 2008, Defendant Michelle Mowery responded to an email by Plaintiff by stating that they have decided not to pursue the case any longer. A true and accurate copy of this email is attached as Exhibit "C". 10. Despite repeated demands, the Defendants have failed or refused to pay amounts outstanding. 12. As of January 12, 2009, there was a principal balance due in the amount $12,590.10. See Plaintiff's Invoice # 43596 attached hereto as Exhibit "D". 13. Plaintiff began assessing interest at the rate of 1 1/2 % per month on August SAW S, FLOWER & LINDSAY 26 West High Street Carlisle, PA 2008. 14. Interest continues to accrue on the outstanding principal balance. 15. The amount in controversy is within the Cumberland County Arbitration limits. 3 WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of SAUDIS, FLOWER & LIlVDS" 26 West High Street Carlisle, PA $12,590.10 plus interest and costs. Dated: 3 7 ` u f Respectfully Submitted, / ?'&e J on E. Kelso, Esquire Attorney ID No. 209107 Saidis, Flower & Lindsay Attorneys for Plaintiff 26 West High Street Carlisle, PA 17013 (717) 243-6222 4 VERIFICATION I, Robert C. Saidis, Esquire, verify that the statements made in the foregoing Complaint are SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. DATED: -r 1. ? 5 Inquiry: General - Ledger History Client: 8538 - Mowery, James 6 Michelle User. TANY V Type • Sul Date Cash / PPD Fees Expenses Surchg/Tax/Int A/R Balance Comment 1 Bill 36255 06/04/2007 0.00 100.00 0.00 0.00 100.00 From bill #36255 2 PPD 36255 06/04/2007 100.00 100.00 0.00 0.00 0.00 From bill #36255 3 PPD 0 06/06/2007 1,000.00 0.00 0.00 0.00 0.00 Wild J's Inc 4 Bill 36678 07/0212007 0.00 620.00 0.00 0.00 820.00 From bill #36878 5 PPD 36678 07/02/2007 820.00 820.00 0.00 0.00 0.00 From bill #36678 6 Bill 37220 08/0212007 0.00 3,420.00 0.00 0.00 3,420.00 From bill #37220 7 PPD 37220 08/0212007 80.00 80.00 0.00 0.00 3,340.00 From bill #37220 8 Bill 37732 09/02/2007 0.00 1,190.00 9.14 0.00 4,539.14 From bill #37732 9 Cash 37220 09/21/2007 1,500.00 1,500.00 0.00 0.00 3,039.14 Wild J's Inc 10 Bill 37965 10/02/2007 0.00 2,800.00 40.80 0.00 5,879.94 From bill #37965 11 Bill 38577 11/02/2007 0.00 1,940.00 0.00 0.00 7,819.94 From bill #38577 12 Bill 39157 12/03/2007 0.00 1,800.00 72.00 0.00 9,691.94 From bill #39157 13 Cash 37220 12/05/2007 1,840.00 1,840.00 0.00 0.00 7,851.94 Wild J's Inc 14 Cash 37732 12/05/2007 160.00 150.86 9.14 0.00 7,691.94 Wild J's Inc 15 Bill 39576 01/02/2008 0.00 800.00 0.00 0.00 8,491.94 From bill #39576 16 Bill 39879 02/04/2008 0.00 1,100.00 38.00 0.00 9,629.94 From bull #39879 17 Cash 37732 02114/2008 1,039.14 1,039.14 0.00 0.00 8,590.60 Wild J's, Inc 18 Cash 37965 02/14/2008 960.86 920.06 40.60 0.00 7,629.94 Wild J's, Inc 19 Bill 40465 03/03/2008 0.00 2,020.00 0.00 0.00 9,649.94 From bill #40465 20 Bill 40963 04/0212008 0.00 0.00 76.80 0.00 9,726.74 From bill #40963 21 Bill 41184 05/02/2008 0.00 1,080.00 0.00 0.00 10,806.74 From bill #41184 22 Cash 37965 05/15/2008 1,000.00 1,000.00 0.00 0.00 9,806.74 Phoenix Enterprises, LLC fbo Wi 23 Cash 37965 05!29!2008 879.94 879.94 0.00 0.00 8,926.60 Phoenix Enterprises 24 Cash 38577 05/29/2008 120.06 120.06 0.00 0.00 8,806.74 Phoenix Enterprises 25 Sul 41902 06/02/2008 0.00 2,580.00 22.56 0.00 11,409.30 From bill #41902 26 Cash 38577 07/0212008 1,000.00 1,000.00 0.00 0.00 10,409.30 Phoenix Enterprises fbo Mowery, 27 Bill 41990 07/02/2008 0.00 1,500.00 40.80 0.00 11,950.10 From bill #41990 28 Bill 43248 09/0212008 0.00 520.00 0.00 0.00 12,470.10 From bill 043248 29 Bill 43596 10/02/2008 0.00 120.00 0.00 0.00 12,590.10 From bull #43596 30 Bill 43767 10/31/2008 0.00 0.00 0.00 0.00 12,590.10 From bill 043767 31 Bill 45014 01/12/2009 0.00 0.00 0.00 0.00 12,590.10 From bill #45014 Page: 1 Page 1 of 2 Jason E. Kelso From: "Michelle Mowery" <synsgirl4ever@yahoo.com> To: "Michael Solomon" <msolomon@sfl-law.com> Sent: Monday, June 23, 2008 1:55 PM Subject: Re: Update Hi Mike. Actually last Wednesday I said the check was lying on my desk at the club and I would get in the mail when we got back. I NEVER said I had already mailed it. I believe it went in the mail Thursday morning. As it is only Monday, I would like you to keep an eye out for it. If for some reason it does not reach you my Wednesday, please let me know and I will have our accountant cut another. I am out of town until around the 1st. In addition, it was you that said, after Jim made the $1k a week arrangment, that if we sent a payment every other week, or so, that would be fine. I am doing the best I can given the economy and our financial circumstances. We will not let our bill with Saidis Flower and Lindsay go unpaid. It just will take a while. I'm sorry. Again, please let me know Wednesday if the check has arrived. Thank you. Michelle ----- Original Message ---- From: Michael Solomon <msolomon@sfl-law.com> To: Michelle Mowery <synsgirl4ever@yahoo.com> Sent: Monday, June 23, 2008 12:18:27 PM Subject: Update Michelle and Jim, When you were here last Wednesday, you mentioned that you had mailed a payment which explained why you did not bring a check with you. This is to advise that as of today, Monday -- nearly a week later, no payment has been received. As such, nothing has been paid in June, and this goes against your earlier commitment to me to pay at least $1000/mo until the balance is reduced. Needless to say, this is troubling to me, and I'd like an immediate payment -- I sure don't want Bryant's forecast that you would walk away from the legal bill to come true! Please look into this at once, and contact me if you have any questions. Regards, Michael 2/17/2009 Page 2 of 2 IRS RULES RESTRICT WRITTEN FEDERAL TAX ADVICE FROM LAWYERS. WE INCLUDE THIS STATEMENT IN ALL OUTBOUND EMAILS BECAUSE EVEN INADVERTENT VIOLATIONS MAY BE PENALIZED. NOTHING IN THIS MESSAGE IS INTENDED TO BE USED, OR MAY BE USED, TO AVOID ANY PENALTY UNDER FEDERAL TAX LAWS. THIS MESSAGE WAS NOT WRITTEN TO SUPPORT THE PROMOTION OR MARKETING OF ANY TRANSACTION. CONTACT THE SENDER IF YOU WISH TO ENGAGE US TO PROVIDE FORMAL WRITTEN ADVICE AS TO TAX ISSUES. THIS E-MAIL MAY CONTAIN PRIVILEGED, CONFIDENTIAL, COPYRIGHTED, OR OTHER LEGALLY PROTECTED INFORMATION. IF YOU ARE NOT THE INTENDED RECIPIENT (EVEN IF THE E-MAIL ADDRESS ABOVE IS YOURS), YOU MAY NOT USE, COPY, OR RETRANSMIT IT. IF YOU HAVE RECEIVED THIS BY MISTAKE PLEASE NOTIFY US BY RETURN E-MAIL, THEN DELETE. THANK YOU. SAIDIS, FLOWER & LINDSAYUS WEB SITE IS WWW.SFL-LAW.COM. 2/17/2009 Page 1 of 2 Yvonne Sersch From: "Michelle Mowery" <synsgid4ever@yahoo.com> To: "Yvonne Sersch" <ysersch@sfl-law.com> Sent: Monday, September 29, 2008 2:00 AM Subject: Re: T.P. Holdings, L.P., v. Wild J's, Inc., et al CV-441-2007 Mike and Yvonne. I apologize for the lateness of this e-mail. Jim and I were out of town. We have, after a long period of talking, decided to not pursue this case any longer. Thank you. ----- Original Message ---- From: Yvonne Sersch <ysersch@sfl-law.com> To: Michelle Mowery <synsgirl4ever@yahoo.com> Cc: Mike Solomon <msolomon@sfl-law.com> Sent: Friday, September 19, 2008 2:55:14 PM Subject: T.P. Holdings, L.P., v. Wild J's, Inc., et al CV-441-2007 Dear Michelle & Jim - Please see that the Judge is asking when we will be ready to go to trial next year. It is an understatement to say that a lot needs to occur before we are ready to go to trial. The first decision is whether you truly want to proceed to trial. If so, and if you desire our firm to represent you, it is absolutely necessary that you either become current by year end or that you immediately embark on an aggressive and regular payment plan (minimum of $1,000 per month) that will continue into next year. If we clear that hurdle, we then must determine who to hire to review all discovered financial records and to offer an opinion on what is owed to each party as a result of that review. If your decision is to discontinue the litigation, I should know sooner than later and be able to advise the Court as a courtesy. If your decision is to discontinue litigation, you should take comfort in knowing that when you came to me in the summer of 2007, you were desperate to be able to keep your doors open. To my knowledge, there has never been a day that you were not able to conduct business at what was generally understood to be the best location of your three outlets at that time. You also were successful in avoiding payment to Jason of any monies that he sought, and you have kept him from your backyard until June 2009. My bet is that he never competes with you at that location. If I do not have a definitive answer from you by the end of September, I will assume that you are then still interested in pursuing the litigation, and I will likely advise the Court that you would be prepared to go to trial in July 2009. For obvious reasons, I anxiously await word from you. Yvonne Sersch Assistant to Attorney Michael L. Solomon Saidis, Flower & Lindsay 2109 Market Street Camp Hill, PA 17011 Ph # 717-737-3405 Fax # 717-737-3407 IRS RULES RESTRICT WRITTEN FEDERAL ERS WE INCLUDE THIS 9/29/2008 CARLISLE OFFICE: 26 WEST HIGH STREET CARLISLE, PA 17013 TELEPHONE: (717) 243-6222 FACSRvffLE: (717) 243-6486 SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 2109 MARKET STREET CAMP HILL, PENNSYLVANIA 17011 TELEPHONE: (717) 737-3405 • FACSIMILE: (717) 737-3407 EMAIL: attorney@sfl-law.com www.sfl-law.com REPLY TO CAMP HILL January 12, 2009 James and Michelle Mowery 213 S Molasses Street Mt. Pleasant Mills, PA 17853 Our file# 8538 Invoice# 45014 071394 EIN: 25-1694606 RE: Wild J's, Inc. Business Jason Jean Balance forward as of invoice dated October 31, 2008 Payments received since last invoice Accounts receivable balance carried forward Billing Summ.M Total of new charges for this invoice Plus net balance forward Total balance now due * * Trust account remaining balance is $0.00 $12,590.10 $0.00 PRIVACY POLICY: During this firms representation of you, we may receive nonpublic, personal information from you or from sources about you. It is our policy and practice that our attorneys and staff do not at any time reveal information relating to our representation of you unless you consent after consultation, except for disclosures that are impliedly authorized to carry out the representation, and except for disclosures required or authorized by the Pennsylvania Rules of Professional Conduct. $12,590.10 $0.00 $12,590.10 TOTALS 0.00 $0.00 $12,590.10 Interest at 1 1/2% per month on unpaid balance after 30 days. (7i -0 4 IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA James and Michelle Mowery, Defendant i Saidis, Flower & Lindsay, Plaintiff CIVIL ACTION - LAW NO. 09-1373 DEFENDANTS ANSWER TO COMPLAINT AND NOW, come the Defendant, James and Michelle Mowery, and respectively represents the following: 1. Agreed. 2. Agreed in part. Denied in part. James Mowery resides at 213S (NOT South) Molasses Street, Mt. Pleasant Mills PA 17853. 3. Agreed in part. Denied in part. Michelle Mowery resides at 2135 (NOT South) Molasses Street, Mt. Pleasant Mills PA 17853. 4. Agreed in part. Denied in part. Defendants entered into an oral agreement with the plaintiff to represent the Defendants business, Wild J's, Inc. Wild J's, Inc. was the client of Plaintiff not the Mowery's personally. A written agreement was never entered into. 5. Agreed. 6. Agreed. 7. Agreed. 8. Agreed. I 9. Agreed in part. Denied in part. When the Defendants met with the Plaintiff in June of 2007, the Defendants were very specific with Attorney Michael Solomon on the case at hand and what needed to be done. In the 15 months following, the Defendants repeatedly questioned fees and strategy At one point, another attorney was brought into the case, Mr. Dean Renosa, without the Defendant's approval. Both attorneys continued to bill their time to the Defendants yet nothing was being done to `win' the case for the Defendants. At the beginning of the agreement, the Defendants were being sued for approximately $12,000, were in possession of property at the center of the suit, and were owed nearly $200,000 by the other party. By the end of the services provided by the Plaintiff, the Defendants no longer had possession of the property, had not received a dime from the other party, and yet had been to court on numerous occasions, represented by the Plaintiffs. In addition, Defendants had been deposed by the other parties counsel. Defendants were insistent that depositions had to incur between Plaintiff and the other party. This never happened. Defendants feel the Plaintiffs fees are completely unjustified and extremely exorbitant for the services that were rendered. 10. Agreed. We decided to not pursue because in 15 months, our attorneys NEVER did anything offensively. 11. (Shown as 10 on Plaintiffs Complaint) Denied. Plaintiffs received one demand letter in the early part of 2009. No telephone calls were received or any outreach to come to a fair and amicable compromise on these fees. 12. Agreed. 13. Agreed. 14. Agreed. 15. Agreed. 2 WHEREFORE, Defendant demands judgment for the Defendant. Dated: S- J- Respectfully Submitted, tes Mowery 213S Molasses Street Mt. Pleasant Mills PA 17853 - n- 444--v4-1\A Michelle Mowery 213S Molasses Street Mt. Pleasant Mills PA 17853 -11'1-444- -M Il4 VERIFICAMON I, James M. Mowery, verify that the statements made in the foregoing Answer to Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 ALC.S. 4904 relating to unsworn falsification to authorities. Dated: 4' lS lol -I 4 VERIFICATTION I, Michelle L. Mowery, verify that the statements made in the foregoing Answer to Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 N X.S. 4904 relating to unworn falsification to authorities. Dated: 4111 I U!? --112WnOVUA 5 FILED-CiRCE OF THE I';iC)"pi" 'I"OTARY 2009 APP 15 PH 1: 5 9 GLr°?ii UN TY r. Sheriffs Office of Cumberland County R Thomas Kline Coo, r at C*n1nbrr?$?b Edward LSchorop Sheriff C 1 ?+' i 1 t+1f?'• Jody S Smith Ronny R Anderson Chief Deputy OFFICE OF i ?E SmERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/10/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Michelle Mowery, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Snyder County, Pennsylvania to serve the within Complaint and Notice according to law. 03/13/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: James Mowery, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Snyder County, PA to serve the within Complaint and Notice according to law. 03/27/2009 12:30 PM - Snyder County Return: And now March 27, 2009 I, Josephy S. Reigle, Jr., Sheriff of Snyder County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michelle Mowery, by making known unto Michelle Mowery personally at 12 S. Main Street, Middleburg, Snyder County, Pennsylvania, 17842, its contents and at the same time handing to her personally the said true and correct copy of the same. 03/27/2009 12:30 PM - Snyder County Return: And now March 27, 2009 I, Josephy S. Reigle, Jr., Sheriff of Snyder County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: James Mowery, by making known unto James Mowery personally at 12 S. Main Street, Middleburg, Snyder County, Pennsylvania, 17842, its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.42 SO ANSWERS, April 21, 2009 R THOMAS KLINE, SHERIFF Docket No. 2009-1373 Saidis, Flower & Lindsay v James & Michelle Mowery FILE[C -,G-NC', OF THEE' Pp-'.)-Ft,7,-,,-lN'0TAPY 2009 APR 27 Ali 11: 35 iDjUNTY SAVED DISK # 09-1373 MISC. DKT. BOOK # 33 PAGE # 681 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SAIDIS FLOWER & LINDSAY NO: 09-1373 NOTICE AND COMPLAINT VS JAMES and MICHELLE MOWERY AFFIDAVIT OF SERVICE AND NOW, March 27, 2009, I, Joseph S. Reigle, Jr., Sheriff of Snyder County, Pennsylvania, being duly sworn according to law deposes and says that the above described Notice and Complaint was served upon James Mowery, named defendant, on March 27, 2009, at 12:30 P.M., at the Snyder County Sheriffs Office, 12 S. Main St., Middleburg, Snyder County, Pennsylvania, by personally handing to James Mowery a true and correct copy of the above described Notice and Complaint and that I made known to James Mowery the contents of the same. I, Joseph S. Reigle, Jr., Sheriff of Snyder County, Pennsylvania, being duly sworn according to law deposes and says that the above described Notice and Complaint was served upon Michelle Mowery, named defendant, on March 27, 2009, at 12:30 P.M., at the Snyder County Sheriffs Office, 12 S. Main St., Middleburg, Snyder County, Pennsylvania, by personally handing to Michelle Mowery a true and correct copy of the above described Notice and Complaint and that I made known to Michelle Mowery the contents of the same. SO ANSWERS JOSEPH S. REIGLE, JR., SHERIFF SNYDE_R COUNNTY, PA. J SEPH S. REIGLE, JR., SH I F COMMONWEALTH OF PENNSYLVANIA COUNTY OF SNYDER SS: SWORN TQ AND SUBSCRIBED BEFORE ME T U& /?71 "I DAY OF MAYC k , 2009 DEPUTATION BY: SHERIFF OF CUMBERLAND COUNTY, PA. SNYDER COUNTY SHERIFF'S FEES: Docketing, Service, Etc. $ 24.00 Mileage 12.00 Notary 5.00 Deposit: $75.00 Receipt # 8572 TOTAL: $ 41.00 PAID TO COUNTY CHECK # REIMBURSED TO PETTY CASH CHECK # Refund: $34.00 Check # 6179 Sheriffs Office of Cumberland County R Thomas Kline r of cumbP1,10 Edward L Schorpp ff x Solicitor Ronny R Anderson Jody S Smith Chief Deputy DICE OF -KE S -MF Y Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/1012009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Michelle Mowery, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Snyder County, Pennsylvania to serve the within Complaint and Notice according to law. 03/13/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: James Mowery, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Snyder County, PA to serve the within Complaint and Notice according to law. 03/27/2009 12:30 PM - Snyder County Return: And now March 27, 2009 I, Josephy S. Reigle, Jr., Sheriff of Snyder County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michelle Mowery, by making known unto Michelle Mowery personally at 12 S. Main Street, Middleburg, Snyder County, Pennsylvania, 17842, its contents and at the same time handing to her personally the said true and correct copy of the same. 03/27/2009 12:30 PM - Snyder County Return: And now March 27, 2009 I, Josephy S. Reigle, Jr., Sheriff of Snyder County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: James Mowery, by making known unto James Mowery personally at 12 S. Main Street, Middleburg, Snyder County, Pennsylvania, 17842, its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.42 April 21, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Docket No. 2009-1373 Saidis, Flower & Lindsay v James & Michelle Mowery co ly C=) .1..7 .- SAIDIS FLOWF Plaintiff v. JAMES and MIC MOWERY, Defendar. AND NO1 foregoing p~ Esquire, are action as n: t & LINDSAY, ~ IN THE COURT OF COMMON PLEAS ' CUMBERLAND COUNTY, PENNSYLVANIA . •~~;'. :. ~ ~ ~ CIVIL ACTION -LAW :. ~ N0.09-1373 Civil EiELLE 9 CIVIL TERM ORDER OF COURT ~ ~~ 2010, in consideration of the ..~• .`. tition, Esquire, E'squ re , and L~f Q~d ~if!' ~a~~~~ appointed arbitrators in the above-captioned ayed for. • By the Court, :- n a :: c~ .. ~. ~ ~ ~ ~•~ n:~;. - {~ ,_ _ ri~~ - ~ f .~ ..,., ~„ Lr~ - ~, t_ ~" -- _ , __ .-~ dies rn.~.~c~c~, J . K~ M. ,~,~-r J . m~e,~ 7~2v SAIDIS FLOWER & LINDSAY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW NO.09-1373 CIVIL JAMES and MICHELLE MOWERY . Defendants ORDER AND NOW, this 9 ~ day of August, 2010, the appointment of Deborah A. Donahue, Esquire, and Mead W. Brant, Esquire, as members of the Board of Arbitrators in the above- captioned case are VACATED. Judson B. Perry, Esquire and Andrew E. Spurgeon, Esquire, are appointed to replace them. BY THE COURT, Kevin .Hess, P. J. V Henry Coyne, Esquire Chairman, Board of Arbitrators / Judson B. Perry, Esquire r.., ~ ~ 1 c ~ ,~ , <_ Andrew E. Spurgeon, Esquire ,' ' ~ '~=~ , ~ ~; : ~ ~ ~ -- :rlm ~ ~=..p Co yes ,~,~,`~ed ~ ~ ~ ,~ P ~ ~~ :. = ==~ c;, ~ .- ,1 Saidis Flower & Lindsa~_ Plaintiff James and Michelle Mowery Defendants In The Court Of Common Pleas Cumberland County, Pennsylvania No. 09-1373 -Civil Term 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 Signature Henry F. Co ny_e_Esquire Name (Chairman) Coyne & Come, P.C. _ Law Firm 3901 Market Street Address 1V G111G Perry & Baumbach, P.C. Law Firm 1035 Mumma Road, Suite 201 _ Address Andrew E. Spurgeon, Esquire Name -T^-~ Law Firm 1776 Rockle~e Drive Address Camp Hill, PA 17011 Wormleysbura, PA 17043 Carlisle, PA 17015 City, Zip City, Zip City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: ~ (Note: if damages for~ielay ~e~warded, ~ey shall be separately state.) Date of Hearing: October 21.2010 Date of Award: ~ / ~. ~ j (~ Henry F. Esquire `.~ndr~w,~: SF - ~ ~ l~oti~'of ~t1ry of Award ~, ~ Now, the ~~ay of ~ _ , l.-,;x01,.0, atj~ ~M., upon the docket and notice thereof giuen_b~: trra~~ta #3is.paities or their attorneys. . airman) ,.;, _ _ - `'~ -;, ~ ~ --~ ~~~ ' ~ ~~~ -:~ ~ M"~ --~ ~~ :.~~= c-y ~ c~ -r~ ~:+~= -- ~ c-~ ~ ~ ~,~ the above ~warcT'was ente~~d s ~ r~ in,~.c ~~ . Arbitrat s' co pensation to be paid upon appeal: $ ~SG ~,[) J. Prothonotary f ~~'! LO ~--r-r~ FILED- OF HE P OTUHONOTAR`t 2010 DEC - 3 Pty 1:142 CUMBERLAND COUNTY PENNSYLVANIA SAIDIS FLOWER & LINDSAY, Plaintiff V. JAMES and MICHELLE MOWERY, Defendant PRAECIPE TO ENTER JUDGMENT - ARBITRATION AWARD TO THE PROTHONOTARY: Please enter judgment against Defendants, James Mowery and Michelle Mowery, in the above matter pursuant to the Arbitration Award dated October 21, 2010 and entered upon the docket on October 25, 2010 in the amount of $12,590.10 Respectfully submitted, SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA Date: 3 10 pGJ/W-Gl] fi4cf /CGISo _hLN)_'x/ otary &K-0 36'530 Pt e'4 4/1;3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-1373 Civil CIVIL TERM SAIDIS LLIVAN LAW n E. Kelso, Esquire ttorney I.D. No.: 209107 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff AND NOW, 1J41; . . 3_, 2010, judgment is entered in favor of the Plaintiff and against James Mowery and Michelle Mowery, Defendants, pursuant to the arbitration award in the amount of $12,590.10. CERTIFICATE OF SERVICE I, Jason E. Kelso, do hereby certify that I have served a true and correct copy of the foregoing Praecipe to Enter Judgment - Arbitration Award upon the persons indicated below by United States first class mail, postage paid, and addressed as indicated below. SAIDIS SULLIVAN LAW SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA Date: 12h /I F ') RECIPIENT(S): James Mowery 213 S Molasses Street Mt. Pleasant Mills, PA 17853 Michelle Mowery 213 S Molasses Street Mt. Pleasant Mills, PA 17853 Attorneys for Plaintiff By: /"" 4! ? •e/l