HomeMy WebLinkAbout04-3026
COM~NWEAL TH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM L..J.:2'}lo'f
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 6 'f- 30.L1D Cw..."-! u-
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.
NAME OF APPELLANT
t. L~~'1Ni? I}VTO 3l"fl VJLtf"
ADDRESS OF APPELLANT
}.2 ')6 OL 1) b-t:77'iSt!.V(l <.r fLO (fin? /f!t..L-
OATEO(;o:Tv -v "I IINTHE.D~::7';:~ (j2A-1I~ "
DOCKET No. SIGNATURE OF
c( - 0(106 '2/1-'1
I MA009:O, -0 I
CITY
I NAME OF D.J.
LL L-?Mtr'VI
STATE
ZIP CODE
This block will be signed ONLY when this notation is required under Pa.
RC'p,D.J, No, 10088.
This Notice of Appeal, when received by the District Justice. will operate as a
SUPERSEDEAS to the judgment for possession in this case.
L ~/l-rO 'IN <7' lJ-uT() 5i~f{r
ElCJVlT OR ATTORNEY OR AGENT
o
S71'\'\I "j;)tr/"J L"-nt-
(see Pa, R.CPD.J. No, 1001(6) in action
(Defenriant)'
It
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE ot APPEAL.
Signatur6 of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONL Y when appellant was DEFENDANT (see Pa.R.CPD.J. No, 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be seNed upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
O()'V~(..D Ct2ITVe-A)
Name of appellee(s)
appellee(s), to file a complaint in this appeai
(Common Pleas No. () 'i _ .3 () .:1.(,
) within twenty (20) days after service at rule or
of appeflant or attorney or agent
RULE: To
Dc) 'I.) IT U..)
Name of appel/se(s)
c..f2ltU...<tJ ' appellee(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 ot 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: ~.l't.. ,20D'I
fl ,,<'" Q, M~~/
\.. /' ~ Signalu,"ofProlhonol''Yo,Depuly
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312.02
COURT FILE TO BE FILED WITH PROTHONOTARY
,"'
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(ThiS proof so/vice ,'vH}S r f3E
WI fHIN fEN
Oil. YS AFTE!;; fiJinq
netic!) cf apnOd/. ChecK c;liJplica!J/u bOC<8S
COMr,,10N\NEALTH OF PENNSYL\iANI/"
COUNTY or
AFFIDAVIT:
tt~e NoticC" r:'if AppeC1:, Common PledS f'1o
upon the Dlstnct Justice design2ted thon:;;n on
(dato of
by persunai seiVIC()
()\ ;:el'l.i!;ed: t'fJglsttJ(edl il1aii,
receipt attached herelo, and
the apf:.A::\1ee
persona; serv':ce
flY
mcuL
(SWORN) (AFF!H!\ilED) AND SUBSCHIBED BEj-":OHE
THIS DiW Of'
:;V)ne/Ufe of uffie<
Signature of of(iciM before whom affidavit w~;;;;-;i;;""~-~~-
My cornrniss:on expires on
20
~
~f
IJ'\
I..;
"-
~
-{
-'-~
..
t,}
~--)
'^
"'-
lL-
l,-,
~..,-,
AOPC 3i2A.
COMMONWEALTH OF PENNSYLVI~NIA
-:OUNTY OF: CUMBERLAND
I Mag Oisl. No
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
09-1-01
PLAINTIFF:
!cRAVEN, DONALD A.
33 N. 8TH ST.
LEMOYNE, PA 17043
L
NAME and ADDRESS
I
OJ Name: Hon
CHARLES A. CLEMENT, JR.
,
Address 400 BRIDGE STREET
OLDE TOWNE COMMONS -SUITE 3
NEW CUMBERLAND, PA
Te1epnone: (717 ) 774-5989 17070
--1
VS.
LEMOYNE AUTO SERVICE
2236 OLD GETTYSBURG RD.
CAMP HILL, PA 17011
DEFENDANT: NAME af1d ADDRESS
Ir..EMOYNE AUTO SERVICE
2236 OLD GETTYSBURG RD.
CAMP HILL, PA 17011
L
I
Docket No.: cv- 0000211- 04
Date Filed: 5/11/04
--1
.......
. . .."
. .. .
n-/is IS TO NOTIFY YOU THAT:
Judgment:
FOR. pT."" TI\ITIFF
[iJ
[iJ
Judgment was entered for:
(Name)
~lIVR111, TIOlITlIT.n p.
Judgment was entered against: (Name)
T.RMOYNR AU'I'O SRRVTCE
in the amount of $
?, 46::L 6<; on:
(Date of Judgment)
6/14/04
o Defendants are jointly and severally liable.
o Damages will be assessed on:
o This case dismissed without prejudice.
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
$ 2,361.65
$ 101. 00
$ .00
$ .00
$ 2,462.65
O. Amount of Judgment Subject to
Atlachment/42 Pa.C.S. !l8127 $
o Portion of Judgment for physical
damages arising out of residential
lease $
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, CIVI~ DIVISION. YOU
MUST INC~UDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOWER
E~ECTS 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 DISTRICT JUSTICE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT. ,\.,," . ". "
JUN 1\ 200l D." ~ Q ~~ /~:'::~~;"J",lj"
I certify that this is a true and correct copy of the record of the proceedings~eniain;ng lhijudgmel'lt.
~... .~. .
"
"':I,
"I,
. , , !':Oistrict Justice
Date
My commission expires first Monday of January, 2008
'l'UIISEAL
AOPC 315-03
DATE PRINTED:
6/16/04
9:21:58 AM
ALED-OFFlCE
OF THE PROTHONOTARY
200~ JUL -6 AM If: 46
CUMBEhLAUD COUNiY
PENNSYLVANIA .
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
service MUST BE FiLED WiTHIN fEN oq! DAJ::.$
COMMONWEALTH OF PEN)>JEYLVANiA
COUN! Y
G..J {>\ !3(fl4--I'Ki.D
'<8
AFFIDAVIT!
th::3t 1
a copy cf Notice of
(\'l~1o
,Justice-
(date of sONice)
servlco
re<e;pt attached hereto,
.20
by persona! service
sendtj,~"s
~~) .'"
, .' /1
/g6' "
. if b-
V,t? . ....~
"
(SWORN) (AFFJRhitEO) AND :3\{\8SCRI8ED 8EFOHE ME
THIS ':l... OF \...j 0'-\
JwL~ f
Signature of off;c;nf before whom iJ" was
.
,/
NOTARIAL SEAL
M1C:HAB. P KALONICK, NoIaIy PubIc
~~~~
My c001rnissio?! 0xpin:;s on
t'\~ \ ~
.20b~
--
U.S. Postal Service,.
CERTIFIED MAIL" RECEI T
(Domestic Mail Only; No Insurance Cover, e Provided)
'"
f'-
;r
rn
;r
r'l
.11
r'l
:a!.1::I........ol".,.
III C f::..~
-.oJ! ~ ,-~.
Postage $
ru
OJ
OJ
OJ
OJ
. .
h...
ru
rn
AOPC OJ
OJ
f'-
Certlfted Fee
Retum Reclept Fee
(Endorsement Required)
Restricted Delivery Fee
,Endorsement Required)
1btaI_&F." $
t . JirJJ:J.aJ.d CrdcI(Ql. ....____...____.
l!ii.;;CAPi'/VO. ....... .." ...mm." ...-. ..__m..__.....__
orPOBax'No. u_n_n__.._n___.____n_.n___~
cny;.Si8.:zip;:;;...--...-----..----...-----.--------
'-.
'd'~ ... ,~ ._
,..,,,...,
"",., "., '.'
:" '.'''''' .r,O
~-'~.'--"'''''''-=-'
~ ~
,~,,",.i'l')f' ~, ",,-"1l":".'F-""":~'l".~"'I/>'.~' ....~
,~-
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM L.1,;J'lIO'f
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 1.>'+- 30;;1. ~ Cur<)-r-;<-
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.
This block will be signed QNL Y 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 case.
NAME OF D,J.
NAMELAC~'IN8 IhJTO Sr.::--rl-i//(y
ADDRESS OF APPELLANT
J- 2 G OL')
DATE OF JUDGMENT
(, ~ II.{ --oC
DOCKET No.
(...; - DU 00 ;2/ J-'-/
Ct..-U"Mt.r....,"'"
STATE
ZIP CODE
IN THE CASE OF (Plaintiff)
!>C>I>,JIrL-U
(Defendant)'
L t'l1-foyNlF
ft-VTO :J.-~V (Cf
If
"s7?\N 7:)e/"" L":-It..
RCP.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.
SignafureofProthonoferyorDeputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see PaR.CP.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
Enter rule upon
OO'V.i'rc...j)
Cflft Ve-A)
appellee(s), to file a complaint in this appeal
Name of appel/ea(s)
(Common Pleas No. () cI . ~ D .;) (.
) within twenty (20) days after service of rule or
e try of judgment of non pros.
Sig of appellant or attorney or agent
RULE: To
Dc) N I< LJ.J
Name of appellee(s)
Cf2.ArJ<!~ ,appeilee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint In this appeal within !'(IIMty(20) days after the date of service
of this rule upon you by personal service or by certified or registered mail. ".:;":.1. ;"" ,,"'" ,
,:' -'1-'~ i' .
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY B~4TEi\.ED AGAINSt YOU,.
:-:~, ~.
:. .....
:.r.,.... ,/ )-.,,- .
i , \. . I"'J' ....-"
,'",.... JI,.i 'p-"ff. .JJ'.Jfl(/~/
, . I ..~~ '..;. i s,gna\~r\ Prothonotary or Deputy
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: ~~~~. ... J.. '1 ' 20 () '!
,
...
.....
"
-'.' /' "'" ,-
YOU MUST INCLUDE A COpy OF THE NOTICE OF JUDGMENTfTRANSCRIPT FOI;lM WITH THIS NOllCE OF APPEAL.
'~\ ' ';" .. '-' -\ ?:." \'!>,-~:-
\\;'\ ' "," "..;;:
'\....,:",...................;-0.""-...
AOPC 312-02
COURT FILE
IN THE COURT OF COMMON JPLEAS
CUMBERLAND COUNTY, PENNS'YL VANIA
DONALD A. CRAVEN,
Plaintiff
Civil Action - Law
v.
No. 04-3026
STAN DEIMLER, t/a
LEMOYNE AUTO SERVICE,
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend againt the clairns
set forth in the following pages, you must take action within twenty (20) days after this
notice and complaint are served, by entering a written appearance personally or by an
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 OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
(717) 249-3166
1-800-990-9108
BY:
\~~
DONALD A. CRAVEN
DONALD CRAVEN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 04 - 3026
STAN DEIMLER tla
LEMOYNE AUTO SERVICE,
Defendant
CIVIL ACTION LAW
COMPLAINT
AND NOW COMES plaintiff, Donald Craven, ("plaintiff') and pleads as follows:
I. The Plaintiff is Donald Craven, an adult individual residing at 33 N 8th Street, Lemoyne,
Cumberland County, PA 17043.
2. The Defendant is Stan Deimler ("Defendant") who trades and does business as "Lemoyne
Auto Service" from his principal place of business located at 2236 Old Gettysburg Road,
Camp Hill, Cumberland County, Pennsylvania.
3. On 1/20/04 Plaintiff took his 1996 Nissan Pathfmder (hereinafter "Pathfinder") to Lemoyne
Auto Service to have the clutch replaced.
4. The repair bill totaled $949.44, which plaintiff paid dlefendant upon completion of the repairs.
5. Plaintiffs Pathfmder had to be returned to Lemoyne Auto Service several times following the
clutch repair to correct problems associated with th,: clutch repair.
6. In the weeks following the clutch repair, the clutch began to fail.
7. As a result of the failing clutch, Lemoyne Auto Service agreed to repair the clutch a second
time at no charge.
8. On 3/11/04 plaintiff dropped the Pathfmder off at Defendant's garage for the second clutch
repair.
9. On 3/19/04 plaintiff picked the Pathfmder up following the second clutch repair and plaintiff
thereafter determined that the clutch was failing even worse than after the first repair.
10. The Pathfmder had stains and damage inside, leaking fluids and obvious damage underneath
following the second clutch repair. Also, the "check engine" light was on, and the clutch
began to slip again almost immediately after plaintiff's receipt of Pathfinder.
II. On 3/30104 plaintiff took the Pathfmder to Faulkner Nissan to have the damage assessed,
and to determine why the clutch was slipping.
12. Faulkner Nissan, through its service manager, Charlie Miller, noted some of the obvious
damage to the underside of the truck, but declined to fix it because a piece that would need
to be removed in order to access the transmission had been welded into place by Defendant
instead of being properly bolted.
13. Faulkner reset the check engine light and total bill came to $114.43.
14. On 3/30104, Plaintiff contacted Defendant and advised him of Faulkner's fmdings, and
Defendant refused to make corrective repairs or reftmd Plaintiff's money.
15. On 4/8/04 Plaintiff took the Pathfmder to Brenner Nissan.
16. Brenner repaired the Pathfmder at a cost of $2806.16.
17. The repairs done by Brenner to the Pathfmder were necessary because the Defendant failed
to properly replace the clutch and failed to perform its obligations under the contract with
Plaintiff in a good and workmanlike fashion.
18. Defendant has refused to repay Plaintiff for the damage to his vehicle.
WHEREFORE, Plaintiff demands judgment against deft:ndant for the cost of repairs to Faulkner
and Brenner, totaling $2920.59, plus costs of suit.
Hespectfully submitted,
Donald Craven (sign here)
~0
VERI FICA TIONl
I verify that the statements made in the foregoin!g Complaint are true and correct. I
understand that false statements made herein are made subject to the penalties of 18
Pa. C.S. 94904, relating to unsworn falsification to authorities.
Date: July ~C\ ,2004
DOElven (sign here)
. ~ -
CERTIFICATE OF SERVICE
I, Donald Craven, hereby certify that I have served a copy of the foregoing Complaint to the
defendant at the following address, by first class mail, postage paid:
Defendant's address: Stan Deimler, c/o Lemoyne Auto Service, 2236 Old Gettysburg Road, Camp Hill,
Pennsylvania 17011.
Date: '0~~'{ l&'\ \ Q-OO~
ven (sign here)
0 ,...., 0
""-'
~,; C~..:;l "
~-
.....
'- :r: -r,
.........
r- n1F~:;.o
'"LliTI
-~] l::-J
\D ()(1..')
" :/ ..:7:~
-;,! ()
, ~jfT;
./ .-!
J 0 -<.
-, -'
Law Offices of Lee E. Oesterling, LLC
42 East Main Street
Mechanicsburg, P A 17055
(717) 790-5400
IN THE COURT OF COMMON PLEAS OF' THE 9TH JUDICIAL
DISTRICT CUMBERLAND COUNTY, PENNSYL VANIA
DONALD A. CRAVEN
Plaintiff
No.
04-3026
v.
STAN DEIMLER, TIA
LEMOYNE AUTO SERVICE
Defendant
Civil Action- Law
Answer to Civil Complaint
ANSWER TO PLAINTIFF'S COMPLAINT
I. Parargraph I is admitted.
2. Paragraph 2 is admitted.
3. Paragraph 3 is admitted.
4. Paragraph 4 is admitted.
5. Paragraph 5 is denied. It is specifically denied that Plaintiff "had" to return
the vehicle several times or that the vehicle required any fmiher repairs. More
specifically, the vehicle was only brought back to Lemoyne Auto Service on two
occasions the first of which the mechanic adjusted the clutch pedal to satisfy the
Plaintiffs complaint. By way of further answer, almost 6 weeks later the mechanic
removed and replaced a fully functional and non damaged clutch assembly from the
vehicle at the Plaintiffs request and at no additional cost to the Plaintiff.
6. Defendant is without sufficient information to form a belief as to the allegation
in paragraph 6 and strict proof thereof is demanded at time of trial.
7. Admitted in part Denied in part. It is admitted that the clutch was replaced at
no charge to Plaintiff. It is specifically denied that the clutch was failing or that it
necessitated repair.
8. Admitted in part Denied in part. It is admitted that the Plaintiff dropped the
vehicle off on or about March II, 2004. It is denied that the clutch needed to be repaired.
By way of further answer, the clutch was replaced to satisfy the customer and to achieve
this end was done at no charge.
9. Defendant is without knowledge sufficient to form a belief as to the
averments in Paragraph 9 and strict proof thereof is demanded at time of trial.
10. Defendant is without knowledge sufficient to form a belief as to the
averments in Paragraph 10 and strict proof thereof is demanded at time of trial.
II. Defendant is without knowledge sufficient to form a belief as to the
averments in Paragraph II and strict proof thereof is demanded at time of trial.
12. Defendant is without knowledge sufficient to form a belief as to the
averments in Paragraph 12 and strict proof thereof is demanded at time of trial.
13. Defendant is without knowledge sufficient to form a belief as to the
averments in Paragraph 13 and strict proof thereof is demanded at time of trial.
14. Paragraph 14 is admitted in part and denied in part. It is admitted that
Defendant refused to refund Plaintiff s money but denied that Defendant refused to make
corrective repairs. By way of further answer, Defendant did not believe the vehicle
required further repairs and Plaintiff had already informed Defendant that he wanted to
take his vehicle somewhere else for repairs.
15. Defendant is without knowledge sufficient to form a belief as to the
averments in Paragraph 15 and strict proof thereof is demanded at time of trial.
16. Defendant is without knowledge sufficient to form a belief as to the
averments in Paragraph 16 and strict proof thereof is demanded at time of trial.
17. Paragraph 17 is denied as Plaintiffs characterization oflaw and fact and
strict proof thereof is demanded at time of trial.
18. Paragraph 18 is denied. It is specifically denied that Defendant is responsible
for any damage to Plaintiffs vehicle and or any obligation to repay for the value of
services rendered.
/
;
/
i
I
I
f
WHEREFORE, Defendant, demands judgment in his favor and against Plaintiff.
Respectfully Submitted,
ERLING;'l"LC
"
Lee E. esterling,
42 E. Main Street
Mechanicsburg, P A 17055
(717)790-5400
Attorney for Plaintiff
VFRTFTrATTON
I verifY that upon personal knowledge or information and belief that the statements made in this
Complaint are true and correct. I understand that false statements herein are made subject to the penalties of
18 Pa.C.S. S 4904, relating to unsworn falsification to authorities.
Date: 7 -J& - 0 'f
1"....)
(',';:1
1,'::':,:)
C')
"--l
r-.,)
C)
t:,i]
Law Offices of Lee E. Oesterling, LLC
42 Eas1 Main Street
Mechanicsburg, P A 17055
(717) 790-5400
IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT
CUMBERLAND COUNTY, PENNSYLVANIA
DONALD CRAVEN
Plaintiff,
No. 04-10)0 C'ivil Term
v.
Civil Action - Law
STAN DEIMLER T/A
LEMOYNE AUTO SERVICE
Defendant
C'RRTTli'TC'ATF OF SRRVTC'R RV C'FRTJl?TRn MATT
Lee E. Oesterling, Esquire, attorney for Defendant in the above-captioned matter, deposes and says that
he mailed a copy of the Answer to Plaintiff s Complaint filed in this matter by first class mail postage
prepaid to the Plaintiff, Donald Craven at 33 N. 8"' Street, Lemoyne, PA 17043 on August 18, 2003.
Lee E. Oeste squire
Supreme Court ID #71320
42 East Main Slreet
Mechanicsburg, P A 17055
(717)790-5400
Attorney for Defendant
t"",,')
=
c::;;:)
..c-
()
'\.
:,:~,.
.-<
T
h'J
\..':J
-;:'1
r::)
('..-,.)
,J:.~
~rJ A' C/,o.,w",
I
\)\"~"""-\-'~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
,;
~~A ~:""\i'1' +/e..
I
LeM oy N. A-v-1-o 5:,er ,) <-e-
~cL...-.. +-
NO. ~)),(,
CIVIL
1r.;:lOO4--
RULE 1312-1.
The Petition for Appointment of Arbitrators shall be substantially in the following fonn:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
~"",\A .A.... (' ,fo vf'/r---. ,liBIIRsel fer the plaintiff/def4'Rilant in the above action (or actions),
respectfully represents that:
I. The above-captioned action (or actions) is (are) at issue.
2. The claim of the plaintiff in 1he action is $ 2 q JO, S' '\
The counterclaim of the defendan1 in the action is
The following allomeys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators:
&.e_ F' ("),<;.-kd:^,j .. A-...,oc ;....+t" ~ . /J' C
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be
submilled.
Respectlfully Submilled,
~~.
so ~(f)+' .:l.oo t-
~ --..\ 01 -A. CIQ vt.....
foregoing petition,
I
Esq., and r
actions) as prayed for.
ORDER OF COURT
/1
. 19-.;tM ;in con . eration of the
By the Co
P.I.
~ ~ ~
.....,
~ = 0
c.:'"..;>
...-.- -n
....... <::) ~
" fhf1:1
~ --I
I ;:2t;1
~ -.J
~ '>~::; t'J
'" :!! ::~c ":<ji',
(""'1:7]
~ ,'0
":,::::rTl
(.,) r,_)
.. ""I
~ =-2 )::",
~ :...0
\J::l -<
fj
v:(<;\;:!,r\l}'S;.~(
,\li'.' n ,-...-' rq
."'" ';,
~ ~ I '.._' .... '
--~~:=I'-)n:)
Z Z :01 101\1 \ \ 1:)0 ~Onl
ALf<Jl0N8HlOdd 3141 :\0
38\:\:10-031\::1
'Dc^( ChJ
~ht
t\~'m f r/uJul(l)!~'{1 UP
Law Firm
3J J:. 1-lrLhNtf sjya ~
Address
~~\c\ ~~ ~
Plaintiff
In The Court of Common Pleas of Cumberland
County, Pennsylvania No.~ <. 0 ~
$~^ ~'cvl ~
Defendant
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.
.~~~~ ~~Crr~
JOIA '+ \:0\ , \S ~,-,~6J:. :::r, 3~ C:DX!e(\"
Name (Chairman) , Name
~~~Yj,,>~ ~~~ GIO~Pj~ \Cc;t7.",c;'l\ )\J(
Law Firm J Law Firm
t::./,S. . ~~ ~, 00 onx \ 2lo~
A dress \) Address
~)~~~r. \'7bl5- \~q(-(\,>l,v\ lib.. \l013
City, Zip City, Zip
irJ1/11
';'/03.21 Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), rnake the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
x
Car (({/L, PA
City, ' Zip
.u
} ()O;.l;L
110/3
';1::t;~:_, c1~:: t~1''i1: l^,;~
Date of Hearing: /~ . (" . 6> ::::-
Date of Award: 4, (PI D,,,,"
. Arbitrator, dissents. (Insert name if applicable.)
"
(Chairman)
Notice of Entry of Award
Now, the t. e day of ~ ,20 tP5 ,at ct.-V'! , L.M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
paid upon appeal: $ 0< 90. ocJ
By:
thonotary
Deputy
/'
-
g ';;;5 Q.
~
?;:. <- ~~
-ot):} c::
ff' f"<
Z:1::' ;e
tiC, I ~~
.1: a'>
2f :::c'
~- ~ ~~
:zc,
2
;;;;' '!? S
-, J?-:
~ .. :!l
,-
-
~,~fi~~
, L E'. I'J~ Fj. c:.-O{
i
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned SATISFIED.
Sheriffs Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Misc.
Surcharge
Levy
Post Pone Sale
Garriishee-
B<!\I Chec(tharge
Pos#lge M
TOTAL Q $
.
N
::5
.....,
18.00
18.99
1.00
12.00
20.00
20.00
89.99
Pd by Defendant
y
So Answers;
~~4:2
R. Thomas Kline, Slleriff
(' 0 CLuJ iCLl,~\::XJ1L/
lrv:'Claudia A. Brewbaker
o
;<"
w
o
~
..
~
=
Swbtll anifSubscribed to before me
2005 AD.
r
(:
L/~-,"",
!f [!<
'.......,.
---- ~
~~,
,.f
n n !
~,i
itlf..
~
~) c.
it )-jl.-Cf
~. /1o{ It
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-3026 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due DONALD A. CRAVEN, Plaintiff (s)
From STAN DEIMLER T/A LEMOYNE AUTO SERVICE, 2236 GETTYSBURG RD., CAMP
HILL, PA 17011
(I) You are directed to levy upon the property of the defendant (s)and to sell BUSINESS AND
PERSONAL ACCOUNTS, BUSINESS AND PERSONAL PROPERTY
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of auyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $949.44
L.L.
Interest
Atty's Comm %
Atty Paid
Plaintiff Paid $94.25
Date: JULY 26, 2005
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
prothon:0 p ~ //
~ 0/1-0 . 'l?/J/LI
Deputy
REQUESTING PARTY:
Name DONALD A. CRAVEN
Address: 33 N. 8TH ST.
LEMOYNE, PA 17043
Attorney for:
Telephone: 717-903-4424
Supreme Court ID No.
.
ATTORNEY Ronald A. Craven
WRIT NO. 2004-3026 Civil
Ronald A. Craven
-vs-
Stan Deimler T/A Lemoyne Auto Service
Real Debt
Interest
Attorney's Comm.
Writ Costs, Atty
Writ Costs, Pltff.
Miscellaneous Attorneys Fees
DISTRIBUTION
$
949.44
$ 1043.69
Sheriffs Costs:
Docketing
Poundage
Posting Sale Bills
Law Library
Prothonotary
Service
Postage
Advertising
Postpone Sale
Bad Check Charge
Surcharge
Garnishee
Levy
TOTAL
Defendant Paid to Sheriff
Advance Costs
Total Collected
DISTRIBUTION
Pd. To Pltff.
Refund of Adv. Costs
Pd. To Prothonotary
94.25
$
18.00
18.99
1.00
12.00
20.00
20.00
$
1043.69
150.00
1.00
$
$
89.99
1133.68
150.00
1283.68
$
So Answers:
r~~?
R. Thomas Kline, Sheriff j
By.c.lo.Ltt.C1- &\U;)OCJC