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Home My WebLink About04-3890 ~ , COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 9'-1- 3<:flO CJ.t ~ll NOTICE OF APPEAL ~. It, ~ooL{ Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Juslice on the date and in the case referenced below, Judicial District, County Of NAME OF APPELLANT I MAG. 0I5T. NO. /(12\1 It..) StfI<AWPt;!Z. DI!>A/Jl'~7J ,l'1'I'E,J( 0'1 -]-0/ ADORESS OF APPELLANT CITY /0'..;)':> SPA //1/". ffv C/1A. L,..S/lC DATE OF JUDGMENT ~ TH~E OF (Plaintiff) 7.6 .0 Y I -"/cW/Jr///JAI' /1/<'E/i'J DOCKET No. tV- ti0t1tJtii/7-tJf ;tJ t!c,'L,tJ~A.L )JATE ZIP CODE /'l1 i '7tJ/3 (Oefelldantr \) " jl'Ev//V 0H/l,l1WDt:/l SIGNATURE Of APPELLANT OR ATTORNEY OR AGENT /1jJ- If appellant was Claimant (see Pa. RC.P.D.J. No. 1001(6) in action I NAME OF D,J .-, ;'--/JVi/J This block will b-e signed ONLY when thjs notation is required under Pa. RC.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. before a District Justice. A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of ProthOf/(JIf:UY or Daputy 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 served upon appellee. PRAECIPE: To Prothonotary Enter rule upon A"EV'N ,,5J, / /1 ~1,,/ D Elf .(;).($/'I/ 1'1V-72? J3/ / E;X appellee(s), to fiie a complaint in this appeal Name of appel/ea(s) (Common Pleas No. (Y..I_ .3 ~D 0'''1 'I ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. /kfJ- Signature of appellant or attomey or agent RULE: To KEI".IK $MNV("tl' ~~.6,4/41/7? M~pe"ee(s) Name of appel/ears) (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 fiie 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. j) JJ f) L 1 IL Date: 4....WJ..' ~ ,20(JlI -r~ .t1J! ~;").,b If . S;gnatulor7:07/onotary or DBputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL, lope 312.02 COURT FILE TO BE FILED WITH PROTHONOTARY proc:{of BE rfLETJ PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FilE COMPLAINT COMM(jt~WEALT!-1 COUNTY OF FjENNSYL\//\NU-\ AFF!DAV!T: (swear{ thai i 6. copy Df tne !\ppeai '- {;);')!O /}f sONicej wCf,';.ip; :jUdC\~fd hereto (SWORN) TH~S AND SUBSCFU8ED BEF01\t: DAY 20 of OffiCi:')1 before whom My commission CXpltf:S on A,ope ;~\2A (10,1 DA\7S AF'TER iihnq ;:-1\12,<:'(5 the appeii0:(-]- by personal SUiv;;;e by ~ ~. ~ '\:- ~ '^I It.; (;OiiC0 (he L istnct ,Ju;;t~ ," flY persona: :;;{-](v-:(y ~ I l- ~\ ~ t ~ Q) C\ G. \ \\\ "~ ~~ ~ L . :)V C',ed, {~egistw(;d) ;naii' (t<'3g;'stered) mail, r" ~f;e(0!Hl ')i ....,,,1 ~--SiY~~;;;;i~,';! c: 'oF', :lJ1:;' ;.;}. )r: ~ ~ ',- ,::~ ~~> _,"-'1-4--1 N -~-~-"'''--'-~'---'--'---;-'--::-,------' ." ..cOivlMONWEAL TH OF PENNSYLVANIA -. COUNTY OF: CUMBERLAND 09-,2-01 NOTICE OF JUDGMENTITRANSCRIPl .. PLAINTIFF: CIVIL CAN~~"dADDRESS 'AKERS, JONATHAN 45 CHAMBERS STREET CHAMBERSBURG, PA 17201 L Mag,OiSLNO.: OJ Name: Hon. Address' PAULA P. CORREAL 1 COURTHOUSE SQUARE CARLISLE, PA VS. T"'Phoo, (717) 240 - 6564 17013-0000 DEFENDANT: NAME and ADDRESS IsCHRAHDER, KEVIN D/B/A AUTO 1322 SPRING ROAD CARLISLE, PA 17013 L EFFEX I SCHRAWDER,KEVEN D/B/A AUTO EFFEX 1322 SPRING ROAD CARLISLE, PA 17013 Docket No.: cv- 0000047.04 Date Filed: 2/12/04 .J - ,. , THIS!S TO NOTIFY YOU THAT: Judgment: D:RFAULT JUDGM'RNT PLTF ~ ~ Judgment was entered for: (Name) lIX~R, JON}\'I'fi<\lIT Judgment wiis entered against: (Name) RCHRAWORR,KRVTlIT D/R/A lIOTa RFFRX in the amount of $ ::l, 69Q _ 11 on: (Date of JUdgment) 7/06/04 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 TOlal $ 3,600.'0(1 $ 99.13 $ .00 $ .00 $ 3.699.13 O Amount of Judgment Subject to Attachment/42 Pa.C.S. S 8127 $ D Portion of Judgment for physical damages arising out of residential lease $ $ $ I ------------1 Certified Judgment Tolal ;-----------1 Post Judgmenl Credits Post Judgment Costs 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 OFTHISNOTICf 'OF JUOGMENTITAANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE C:JUflT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MA Y 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. ~ d.\\\ll:lIH'lltl _/'~~~;) -€ l.:\'\\ '\ '--if 1"'1),; 7-6-04 Date (--1;,..A. _ ~ . ~,""~~\';:;~~J~.~i~ I certify that this is a true and :::t copy of the r~cordof the proceedmgs co$ain~~~~u<:w\:~~. . ., / I : ~ '!J ~ (~ ), i 7-6-04 Date ~ ( ~. \\Orstrjct Justi;;e ~ \. My commission expires first Monday of January, 2006 . '~." Si;AL AOPC 315.03 DATE PRINTED: 7/06/04 10:12:05 AM ----_._--------~..,--~--.- PROOF OF SERVICE Of NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN DA YS filing of the notice 01 Check ~~~~~~:r;r;;t~ . S5 AFFIDAVIT: I hereby (swear) (affirm) that I served boxes) ri a copy of the Notice of Appeal, Common Pleas NOOtj- ?JflO, upon the Oistnct Justice desion3Wd tnerem on -.--..---....--..-.-.- SlqnefWB o{ [itian! (date of service) '6 It J.. ,20(; <I r;i by by serviCE; sender's receipt attached hereto, and upon thB appellee, bY (cerllfled) 20 o by personal sef\llCe sender's receipt attached hereto, ..J~b= - ,- Tlt/6ofofflcUil cJ 1:< & ------ 2005 My commission expires on Notarial seal Shelly A. Hartman. Notary Public Middlesex TwP.. cumberland County Mi commission Expires Feb. 26, 2005 Member, pennsylvanla I\SsoCI?tion (1\ Notanes AOPC 312A,02 r:18\l, () c ~:;;: [i I \lIa1), ,Of! ,....., = (;;'.::l -"-- ;::t'-'" <:::-~ G"S C) -n -t _l,.--n nj.,.- r- -nrn :;;0 S;_:~ (~) t;j ~};~ ~~~rn :i; -< w -0 ::1,:, .r;.'" ,::- ,'. Y';,"..".,"" ~,\ . ......---....... -.-., COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS ------'~'-;c~_'"II!"'". ....~"'"""7~ JudIcial District, County Of f NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. .n.::f:: 3WO c / ., I NOTICE OF APPEAL ~ (, ;00'1 '00", , ... 'M' .. -".,"' ,,, "~ '" .. -~~ "'~"' "'_ "". '" _,,,. _ .. ;w.~"' ~.... " .. "'Od ,.."" ~ the date and in the case referenced below, NAME OF APPELLANT J'~~ DATE OF JUDGMENT 7-6-t7Y MAG. DIST. NO. 6'7 -Z-Ol CITY C.-9.1f ~..s/E A~ DOCKET No. C'v- tltllJtltll/7_IJY .4K~#.s ZIP CODE This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal. when received by the District Justice. wili operate as a SUPERSEDEAS to the jUdgment for possession in this case. liS EY/A/ SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT /7t!J13 SI/l/lWOE/7 / ~~"~ OfP"/ho"",.,.,,,o.p",y (20) days after filing the NO neE of APPEAL. before a District JUstice, A COMPLAtNT MUST BE FILED within twenty R.CP.D.J. No. 1001(6) in action """ -.."'-" '" - OM., - -- - """"-' (_ "'.R.'.PDj No. """('J m ""'" -. "'''''' ,_ " NOT USED, defach from COpy of notice of appeal to be served upon appellee. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE PRAECIPE: To Prothonotary Enter rule upon ~EVo.l J"l"'A..w"r.,. """ /...." F.<" '" ___.(.,. ".. _ rom,,,,,, ""'''' Name of appel/eers) ~ ) within twenty (20) days after service of rule or suffer entry of jUdgment of non pros. /-<fL Signature of appel/ant or attorney or agent (Cornman Pleas No. 0'-/_ j ~D e.-.... '/ RULE: To KEI",IK ~"fJVPFtf "AS.-'1/4/blJ Fq4lPPellee(s) Name of appet/eers) r '" '~-."",,", '" -.,," ...", ~-"~ ~.... _"o"....~ .., _0, "'" "" _"""~" _,. of this rule upon you by person," service or by certified or registered mail. . . (3) !hadate of service of this rule if s~rvice was by mail is the date of the mailing. (2) If)'6u do not file a compiaihtwnhin this time. a JUDGMENT OF NON PROS MAY 8E ENTERED AGAINST YOU. Date: tl~A:, ..... (. -':~df-. . 20UY 'ou """, 'N"UO, A COPY OF "" NO"e, DF ,uoe'''''''RANSC"," FO" '""" 'H~ NO"" DF ""'''''' AOPC 312,02 COUItT FILl \ /I IN THE COURT OF COMMON PLEAS OF' CUMBERLAND COUNTY, P A Jonathan Akers, Plaintiff Civil Term vs. Kevin SChrawder, d/b/a Auto Effex, No. 04-3890 Defendant NOTICE TO DEFEND AND CLAIM RIGHTS 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 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 LA WYER AT ONCE. IF YOU DO NOT HAVE A LA WYER 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 S. Bedford Street Carlisle, P A ! 70 13 Telephone - 717-249-3166 or 800-990-9] 08 II I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A Jonathan Akers, Plaintiff Civil Term vs. Kevin SChrawder, d/b/a Auto Effex, No. 04-3890 Defendant COMPLAINT NOW comes the Plaintiff, Jonathan Akers, by his attorney, J. Edward Beck, Jr., and for cause of action against the Defendant says: 1. The Plaintitf is Jonathan Akers is a sui juris adult who lives and resides at 45 Chambers Street, Charnbersburg, Franklin County, Pennsylvania. 2. The Defendant is Kevin Schrawder, d/b/a Auto Etfex, whose business address is ] 322 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. On November 26,2003 the plaintiff paid $3,600.00 to the defendant for purchase and installation of a GSR ].8 DOHC V - Tec engine into his 1997 Honda Civic as evidenced by a true and correct copy of defendant's Statement Invoice No. ] 262, attached hereto and incorporated by reference herein and attached as Exhibit A. 4. Subsequent to the installation of the engine as above set forth, defendant informed plaintiff that he was unable to install the DOHC V-Tec engine into his vehicle. /I I 5. The defendant has not performed the services contracted for and requested by the plaintiff and demand has been made for return of the payment made by the plaintitf to the defendant. Defendant has refused to return the payment. WHEREFORE, Plaintiff demands jUdgment against the Defendant in the amount of $3,600.00, plus interest and costs of suit. And he wil1 ever pray, etc. .//ut(4 J Edward Beck, Jr., Esquire Attorney for Plaintiff 1035 Wayne Avenue Chambersburg, P A ] 7201 Telephone (71 7) 264- 1 110 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of perjury contained in 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: F- 3'(-0 y v ~L han Akers, Plaintiff Feb-05_04 10:00A kkfb Attys Aut9 Effex Detailing & Customs 1322 Spring Rd Carlisle,PA 17013 p- (717)258-9272 F-(717)258-3917 WNw, autoeffex. com Bill To: IJOHN AKERS i 45 CHAMBERS ST !CHAMBERSBURG PA 17201 ! 717-729-1200 [PUNK. I I 7172545135 P,03 Statement Number: 1262 Date: November 26, 2003 Ship To: r"o.," ,,'" "" I VEHICLE STOCK' PERSONAL TERMS C.OD 97 HONDA CIVtC VEHICLE MAKE I MODEL j VEHICLE COLOR J RED I I .<?hM./ ON I I _J I QUANTITY I DESCRIPTION i IGSR 1.8 DOHC V,TEC ! INSTAll LABOR TO HHC5015 DC 4 INTO J HEADER CERAMIC ,3 6'C'd . - / ~..)'Z> - 1 ~\.I D -~ ---'---------------.- -..--.--,,--- "- ITEM. I Discount Price TAX Amount I 2,800.00 i I 400.00 ' I 375001 I I I I I ! ~.8oo.D~ 4oo.01J! I 375001 I I I I I I '" I I I .~=J $3,575.00 i 22.501 $3,597.5~ i I Sub-Total State Tax 6.00% on 375.00 Total A...., Etfe. will not give any -.. El<change or.. .10", cl1!d~ only. All "chong.. must be.....odo witbin 30 days of pU""",se & be In new condition. All orders requinl 5(1% depo.it. All custom mod. ordon. roqui.. palm"", In fun & cannot be ............ All ol'd"", ca_lI.., during !he ol'd""" _. roqul.. 1'1% ....rocking fee. Hourly rate for installs is $45 an hour. All Work mU$t be paid for in fuR al time of pick up. EXHIBIT I II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A Civil Term Jonathan Akers, Plaintiff No. 04-3890 vs. Kevin Schrawder, d/b/a Auto Effex, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: : SS COUNTY OF FRANKLIN J. Edward Beck, Jr., Esquire, being duly sworn according to law, deposes and says that he served a true copy of the complaint in the above captioned matter on Kevin Schrawder, d/b/a Auto Effex, defendant on September 2, 2004 by mailing the document by U.S. First Class Mail from Chambersburg, Pennsylvania to the defendanfs address of 1322 Spring Road, Carlisle, Pennsylvania, 17013. KELLER, KELLER, FREY & BECK, LLC By t::l~~!' Sworn and subscribed to before me this 2nd day of September, 004. Notarial Saai , Caroi J. Varner. Notary Public , Charnbersbl"~ Bora. FranKlin County , My Commission Expires Apr. 4. 2005 (') B1f-~ ~(~ ~~'" 1." j;" ~~.~ -;;;- ::." -< ,..., = = J:" (/.) r'l "1J I -.J -u ::If: o -n ::r! rn ::a jjED o'r' :1:J~) ("):1J .'....("" QfT} "" ~::; :< W \.0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Jonathan Akers, Civil Term Plaintiff vs. No. 04-3890 Kevin Schrawder, d/b/a Auto Effex, Defendant IMPORTANT NOTICE To: Kevin Schrawder, d/b/a Auto Effex 1322 Spring Road Carlisle, PA 17013 Date of Notice: September 23, 2004 YOU ARE IN DEFAULT BECAUSE YOU HA VE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (I 0) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 Telephone - 717-249-3166 or 800-990-9108 fi By >:/~l! iLl j KEdward Beck, Jr., Esquire Keller, Keller, Frey & Beck, LLC 1035 Wayne Avenue Chambersburg, P A 17201 g ....., """ 0 = "Tl ?:: .r- "lX) U) ~ (!)f~~ ,..,., n'~ zt' "'1:> en)" N 85? :::;;. -J ~t,,:, ;-:!.~r: ;t~('") "" ..,l--n :3: 0--' "'C' z~ >c - 0 ~ .. ;"-1 U1 :17 ~ -< SQm: 'v 'Jd", saJ!dX3 uOISSIWWOO ~V'l , .\junco u!I~ueJ,,1 'oJOS llmQSJBqwe40 ollqnd ,(JeIClN ',eUJeA 'r IOJ90 . lees le~eloN ~~n/~ ')-? ),/U 'POOl 'lgqwgjdgSJo Aepl[ZS!qj gW glC,pq OJ pgq!"osqns pue U10MS '1 f ')fOgs p1eMp3 ;l rp IP/ 'POOl '[l 19qwgjdgS uo 'e!UeAIASUUgd 'AjUno:) U!l'lue1.-j '1l1nqs1gqweq:) 'go!JJO jSOd sgjejS pgj!Un gqj jIll!ew ,ueU!p10 Aq Wgqj 0) Adoo e llu!l!ew Aq XgJJ3 OjnV e/q/p 'lgpMe1qos U!^g)/ uo gOljON jugwllpnf jlneJga pgqoejje gqlJo Adoo e pg^"gS gq jeqj sAes pue sgsodgp 'Mel OjllU!p"000e WOMS Alnp llU!gq "bs3 ''If ''lOgs p1eMp3 'f l\fI'DINVllIIIIO A.LNflO:) VINVA'IASNN:Id 110 H.L'IV:IA\NOWWO:J :iJ;JIAH3:S 110 .LIA V<IIIIIIV JUllPU3J3<I 'X3JJ3: OJDV ll/q/P '.I3pMll.lq3S U!A3)1 068E-tO 'oN 'SA JJIJU!llld W.l3.L HAD 'S.l3l\V ullqJllUOr Vd 'A.LNflO:J <INV'IH3:9Wfl:J 110 SV3:'Id NOWWO:J 110 ,LHflO:J 3:H.L NI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Jonathan Akers, Civil Term Plaintiff vs. No. 04-3890 Kevin Schrawder, d/b/a Auto Effex, Defendant IMPORTANT NOTICE To: Kevin Schrawder, d/b/a Auto Effex 1322 Spring Road Carlisle, PA 17013 Date of Notice: September 23, 2004 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LA WYER AT ONCE. IF YOU DO NOT HA VE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 S. Bedford Stre,et Carlisle, PA 17013 Telephone - 717-249-3166 or 800-990-9108 By //~1I ;Jj 1:?Edward Beck, Jr., Esquire Keller, Keller, Frey & Beck, LLC 1035 Wayne Avenue Chambersburg, PA 17201 g ....., = !?, co s: ..,.. "Orn C/) ::;.J ffip"l rrl ffi:!) Z:.r.::1 -0 -or" z[' N (J.1 J~:: :l:JC? ~. -.J SCJ ;<C') ~C :I> :"1::n :x Q(') ~() (Sm c ~ -, c.n 55 "'- -< -' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Jonathan Akers, Civil Term Plaintiff vs. No. 04-3890 Kevin Schrawder, d/b/a Auto Effex, Defendant PRAECIPE FOR DEFAULT JUDGMENT To: Curt Long, Prothonotary Enter judgment in favor ofthe Plaintiff and against the Defendant in the above captioned cause for the sum of $3,699.13 together with interest at 6% from September 23, 2004 and costs of suit, by reason of the failure of the Defendant to answer the Plaintiffs Complaint within twenty (20) days of service, and by further reason of the Defendant's failure to answer the Plaintiffs Complaint within ten (10) days ofthe Default Judgment Notice served on the Defendant dated September 23, 2004. . Edward Beck, Jr. Attorney for Plaintiff 1035 Wayne Avenue Chambersburg, PA 17201 717-264-1110 C?J0 ~ ~ ~'i:-n -- & r ~ ~ ~ ~ r;:. ~ (U --!\ ~ p: - :-, J,;-' ::-J i"; .,'"',) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Jonathan Akers, Plaintiff ( X) Confessed Judgment ( ) Other File No. 04-3890 Amount Due $3,699. 13 Interest Atty's Comm Co~s $165.00 vs. Kevin Schrawder, d/b/d/a Auto Effex, Defendant TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland for debt, interest and costs, upon the following described property of the defendant(s) County, Any and all inventory, supplies. parts. tools. equipment. furniture and fixtures located on the premises of the defendant. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee{s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant{s) in the possession, custody or control of the said garnishee(s). Date o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the , defendant(s) described in the attached exhibit. . /1 ./ J ~ M J October 28, 2004 Signature: ;/ ( tcAY IIV v\ Print Name: Address: J. Edward Beck, Jr., Esquire Keller, Keller, Frey & Beck, LLC 1035 Wayne Avenue Chambersburg, PA 17201 Attorney for: Plaintiff Telephone: 264-1110 Supreme Court 10 No.: 16268 (ove r) -4"q, ~ ~"'~~~ ~2~~g , I I ~-u ~ ~~~F 't:, ..... &:.J ... ""', &-, ""';;:::: ... TY -!- .~ [ '+ ~ ~i. ......... !?:J '-~ ~ ]V1 'i/.-~ [ U ell ~ n D ~~ , . ~ 0 C; ~ r~ ~ 0 C".;;) .1 ..::- Z :r! :n c.? j"ll,. ...... -om I ;py .r::- ':.:~ 0 :1.: ::}1 -0 "2 ('5 :!: :;:..... rn o r:? 52 :1J N "" \,,() ~~ '" f)l/"'\ - ~-..J -cJ ~. :P'J) ~f! WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JONATHAN AKERS, Plaintiff (s) NO 04-3890 Civil CIVIL ACTION - LAW From KEVIN SCRRA WDER, D/B/A AUTO EFFEX, 1322 SPRING RD, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL INVENTORY, SUPPLIES, PARTS, TOOLS, EQUIPMENT, FURNITURE AND FIXTURES LOCATED ON THE PREMISES OF THE DEFENDANT (2) You ate 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 gamishee(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) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3,699.13 Interest Atty's Corum % Atty Paid $81.75 Plaintiff Paid Date: NOVEMBER 4, 2004 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) Prothono~ '-&Y: /~t'J4" J P. 7?!OZ4-<r~ Deputy REQUESTING PARTY: Name J. EDWARD BECK, JR., EQUlRE Address: KELLER, KELLER, FREY & BECK, LLC 1035 WAYNE AVENUE CHAMBERSBURG, P A 17201 Attorney for: PLAINTIFF Telephone: 264-1110 Supreme Court ID No. 16268 1\ I II V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3890 CIVIL TERM JONATHAN AKERS Plaintiff KEVIN SHRAWDER, d/b/a AUTO EFFEX CIVIL ACTION - LAW Defendant PETITION FOR RULE TO SHOW CAUSE WHY DEFAULT JUDGMENT SHOULD NOT BE STRICKEN PURSUANT TO PA RULE OF CIVIL PROCEDURE 237.3 AND NOW, comes the Defendant, Kevin Shrawder, doing business as Auto Effex, by and through his attorney, Michael A. Scherer, and respectfully represents as follows: 1. This action was commenced by the Plaintiff before District Justice Paula P. Correal in Carlisle, Pennsylvania. 2. A judgment was entered in this matter on July 6,2004 by District Justice Paula P. Correal. 3. On August 6,2004, Defendant filed an appeal to the judgment issued by District Paula P. Correal to the Court of Common Pleas of Cumberland County, Pennsylvania. 4. On September 1, 2004, the Plaintiff filed a complaint in this matter. 5. Thereafter, the Plaintiff sent the Defendant a document titled "IMPORTANCE NOTICE". The notice is attached hereto as "Exhibit A". 6. The language in the Plaintiff's "IMPORTANCE NOTICE" failed to comply with the language required by Pennsylvania Rule of Civil Procedure 237.5 dictating the language of such notice. II 7. Thereafter, the Plaintiff filed "Praecipe for Default Judgment" with the Prothonotary. The Praecipe is attached hereto as "Exhibit B". 8. The "Praecipe for Default Judgment" filed by the Plaintiff failed to contain a certification that a written notice of intention to file the Praecipe was mailed or delivered to the Defendant, as required by Pennsylvania Rule of Civil Procedure 237.1 (a)(2)(ii). 9. A copy of the "IMPORTANT NOTICE" prepared by the Plaintiff was not attached to the Praecipe for Default Judgment as required by Pennsylvania Rule of Civil Procedure 237.1 (3). 10. Pennsylvania Rule of Civil Procedure 237.1(4) provides that the "notice and certification required by this rule may not be waived." Therefore, the Praecipe for Default Judgment must be stricken in this matter for failure to comply with Pennsylvania Rule of Civil Procedure 237.1 and 237.5. 11. A verified copy of the Answer which Defendant seeks leave to file is attached hereto as "Exhibit C". WHEREFORE, Defendant respectfully request this Honorable Court to strike the judgment entered in this matter. Respectfully submitted, O'BRIEN, BARIC & SCHERER Mi1ff:1:ld:EsQuire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Date: December 9,2004 IN THE COURT OF COMMON PLEAS OF CUM.BERLAND COUNTY, PA Jonathan Akers, Civil Term Plaintiff "s. No. 04-3890 Kevin Schrawder, d/b/a Auto Effex, Defendant IMPORTANT NOTICE To: Kevin Schrawder, d/b/a Auto Effex 1322 Spring Road Carlisle, PAl 7013 Date of Notice: September 23, 2004 YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE PROPERTY OR OTHER IMPORTANT RJGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 S, Bedford Street Carlisle, PA 17013 Telephone- 717-249-3166 or 800-990-9108 U1 n j ~ ')/)/1 BL ~ ,~P,r . Edward Beck, Jr., Esquire Keller, Keller. Frey & Beck, LLC 1035 Wayne Avenue Chambersburg, PA 17201 EXHIBIT "A" I . .. , COpy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A Jonathan Akers, Civil Term Plaintiff vs. No. 04-3890 Kevin Schrawder, d/b/a Auto Effex, Defendant PRAECIPE FOR DEFAULT JUDGMENT To: Curt Long, Prothonotary Enter judgment in favor ofthe Plaintiff and against the Defendant in the above captioned cause for the sum of $3,699.13 together with interest at 6% from September 23,2004 and costs of suit, by reason ofthe failure of the Defendant to answer the Plaintiffs Complaint within twenty (20) days of service, and by further reason ofthe Defendanfs failure to answer the Plaintiffs Complaint within ten (10) days of the Default Judgment Notice served on the Defendant dated September 23,2004. ~~~ Attorney for Plaintiff 1035 Wayne Avenue Cham bersburg, P A 1720 I 717-264-1110 EXHIBIT "B" 1\ VERIFICA liON I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. e.s. 9 4904, relating to unsworn falsification to authorities. Date: December '1, 2004 ~ \}v/~ ~ Kevin Shrawder V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3890 CIVIL TERM JONATHAN AKERS Plaintiff KEVIN SHRAWDER, d/b/a AUTO EFFEX CIVIL ACTION - LAW Defendant ANSWER AND NOW, comes the Defendant, Kevin Shrawder, doing business as Auto Effex, by and through his attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. Admitted. 2. Admitted. 3. Admitted, 4. Denied. The Defendant was able to install the dohc v-tee engine into Plaintiff's vehicle. Defendant did not complete the do he v-tee engine install because Plaintiff refused to pay for other items associated with the install. 5. Denied. The Defendant was prepared and able to perform his obligations under the agreement, but Plaintiff refused to permit the Defendant to complete the job fully and in accordance with standards which would have permitted the vehicle to be lawfully inspected in the state of Pennsylvania. Respectfully submitted, O'BRIEN, BARIC & SCHERER t/jtJ A ~ Michael A. Scherer, Esquire 1.0.61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Date: December --+, 2004 EXHIBIT "e" II VERI FICA TION I verify that the statements made in the foregoing Answer are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. 9 4904, relating to unsworn falsification to authorities. ,w~L Kevin Shrawder Date: December ~ I 2004 I JONATHAN AKERS Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3890 CIVIL TERM KEVIN SHRAWDER, d/b/a AUTO EFFEX CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I hereby certify that on December 9,2004, I, Michael A. Scherer, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Petition for Rule to Show Cause Why Default Judgment Should Not Be Stricken Pursuant to Pa. Rule of Civil Procedure 237,3 and a copy of the Answer, by first class U.S. mail, postage prepaid, to the party listed below, as follows: J. Edward Beck, Jr., Esquire 1035 Wayne Avenue Chambersburg, Pennsylvania 17201 If/t;l!1 ~ Michael A. Scherer, Esquire Attorney for Defendant Date: December 9, 2004 UJ', U; rt r/ C,"'- : t~~]~,-, tL .C F-~- l'._ o >- (~~ r"') , , c,_ cr\ I C~ ~ ' l "":-j _-r (-.'> t..:'.::; (-'.... C) v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-3890 CIVIL TERM JONATHAN AKERS, Plaintiff KEVIN SHRAWDER d/b/a AUTO EFFEX, CIVIL ACTION-LAW Defendant PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Defendant, Kevin Shrawder, d/b/a Auto Effex, by and through his attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. A judgment was entered in this matter against the Defendant on October 6, 2004. 2. On December 9,2004, the Defendant filed a Petition For Rule To Show Cause why the default judgment should not be stricken for failure to comply to with the Pennsylvania Rules of Civil Procedure. 3. On December 15, 2004, this Honorable Court entered an Order directing the Plaintiff, Jonathan Ackers, to show cause why the judgment should not be stricken for failure to comply with the Rules of Civil Procedure. The Rule was returnable ten days after service. 4. On December 17, 2004, undersigned counsel served Plaintiffs attorney of record, J. Edward Beck, Jr., Esquire a copy of this Court's December 15, 2004 Order docketed to No. 2004-3890 by first class mail. A copy of the letter and Order are attached hereto as "Exhibit A.n II 5. Plaintiff has failed to reply in any manner to the December 15, 2004 Order of Court. WHEREFORE, ten days having elapsed since the service of the Rule dated December 15, 2004, upon Plaintiffs attorney of record, and no response having been made by Plaintiff's attorney, Defendant respectfully requests that the judgment against him be stricken. Respectfully submitted, O'BRIEN, BARIC & SCHERER AA~IN Michael A. Scherer, Esquire I.D.61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/genlitlshrawder/case3890.pet II I VERIFICATION I verify that the statements made in the Petition To Make Rule Absolute are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. ~~d0- Michael A. Scherer, Esquire Dated: ,. S. 05 Law Offices O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, Pennsylvania /7013 Robert L. O'Brien David A. Baric Michael A. Scherer (717) 249-687 J FAX (717) 249-5755 emai/: mscherer@obs/aw.com December 17, 2004 J. Edward Beck, Jr., Esquire 1035 Wayne Avenue Chambersburg, Pennsylvania 17201 RE: Akers v. Shrawder No. 2004 - 3890 No. 2004 - 3891 Dear Mr. Beck: Enclosed please find two certified Orders of Court dated December 15, 2004 at each caption above directing you to show cause why the default judgement should not be stricken for failure to comply with the Pennsylvania Rules of Civil Procedure. If you would like to discuss this matter, please contact me. Very truly yours, O'BRIEN, BARIC & SCHERER . , ~/ir Michael A. Scherer, Esquire MAS/ta cc: Kevin Shrawder Cumberland County Sheriffs Office, Writ of Execution Department File mas\GenLlt\Shrawder\beck.ltr "EXHIBIT An l..- ~r . DEe 1 0 2004/ \sl i JONATHAN AKERS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. '. NO. 2004 - 3890 CIVIL TERM KEVIN SHRAWDER, d/b/a AUTO EFFEX CIVIL ACTION - LAW Defendant ",.~ ORDER OF COURT AND NOW, this /5 day of December, 2004, upon consideration of the within Petition for Rule to Show Cause Why Default Judgment Should not be Stricken, a rule is hereby entered against the Plaintiff, Jonathan Akers, to show cause, if any there be, why the default judgment should not be stricken for failure to comply with the Rules of Civil Procedure. Said Rule returnable within /0 J. Michael A. Scherer, Esquire 19 West South Street Carlisle, Pennsylvania 17013 Attorney for Defendant J. Edward Beck, Jr. 1035 Wayne Avenue Chambersburg, Pennsylvania 17201 Attorney for Plaintiff TRUE COr-: FRCM RrCC'rU.1 fn TICt~mclfY ~~<<Jf, I oora unto set my h2r~ and ttie 6,"~ of said Court at fAtUsle, Pa. This /(, - tiay ofj.. O//~~ ..;!tltl .. (hf~~ /). )uLj~h_f"~ . "'othonmBN II CERTIFICATE OF SERVICE I hereby certify that on January -'0.-, 2005, I, Jennifer S. lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Petition To Make Rule Absolute, by first class U.S. mail, postage prepaid, to the party listed below, as follows: J. Edward Beck, Jr., Esquire 1035 Wayne Avenue Chambersburg, Pennsylvania 17201 L . (I\~' J~~W~ -,.~ '";, :~ ~_ t c::~ .; ~ .~. l, , , :-"'. . ~:~ ::l " =~ o ~~; ,....., c:.:) c...:> <.:..rl <- o ., -I LIl flip:: -r; fn -:.'CJ ;~1 t.;: "C -n (~C) (:~\ i'r1 :i.J .-<. ~~; ~;:.. I <JI -n --....... _.~.. 0: c;-; \..0 JONATHAN AKERS, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-3890 CIVIL TERM KEVIN SHRAWDER d/b/a AUTO EFFEX, CIVIL ACTION-U\W Defendant CERTIFICATE OF SERVICE; I hereby certify that on December 17, 2004, I, Michael A. Scherer, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Decembl3r 15, 2004 Order of Court and Rule To Show Cause, by first class U.S. mail, postage pmpaid, to the party listed below, as follows: J. Edward Beck, Jr., Esquim 1035 Wayne Avenue Chambersburg, Pennsylvania 1'7201 1fla: k Mic:hael A. Scherer o ~; -" f-""> (~..:> = 01 L- o -n =? --i, rnp -Opj ~n T ~~~ QC) <~ r~n , ) ::~.! ~~ -,.....,.... Z I 0" -0 -~ --~~.. w en co !I :1 v. JAN 0 'l 200~tfl IN THE COURT OF COMMON PLEAS OF C~ UNTY, PENNSYLVANIA ~. 2004-3890 CIVIL T RM " ~ JONATHAN AKERS, Plaintiff KEVIN SHRAWDER d/b/a AUTO EFFEX, CIVIL ACTION-LAW Defendant ORDER OF COURT J1" AND NOW, this /4 day of January, 2005, upon consideration of the within Petition, the default judgment entered in this matter on October 6, 2004 is hereby stricken. Edward E. Guido, J. Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 II J. Edward Beck, Jr., Esquire 1035 Wayne Avenue Chambersburg, Pennsylvania 17201 ." 1_1'1 tiS' ,L~1 1)11, iu'<:""'-.- i+. hi :7 "_1 ,I -.J .<,< -'-, I ""'f ("")'7 '~ \; 1),1 JUt.... II V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3890 CIVIL TERM JONATHAN AKERS Plaintiff KEVIN SHRAWDER, d/b/a AUTO EFFEX CIVIL ACTION - LAW Defendant ANSWER AND NOW, comes the Defendant, Kevin Shrawder, doing business as Auto Effex, by and through his attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. The Defendant was able to install the dohc v-tee engine into Plaintiff's vehicle. Defendant did not complete the dohc v-tee engine install because Plaintiff refused to pay for other items associated with the install. 5. Denied. The Defendant was prepared and able to perform his obligations under the agreement, but Plaintiff refused to permit the Defendant to complete the job fully and in accordance with standards which would have permitted the vehicle to be lawfully inspected in the state of Pennsylvania. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~~~ Michael A. Scherer, Esquire I.D.61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 I verify that the statements made in the foregoing Answer are true and correct. I understand that false statements made herein are made subject to the penalties of 1 B Pa. C.S. S 4904, relating to unsworn falsification to authorities. \W~L Ke In Shrawder VERIFICATION Date: December -1-, 2004 II I' .1 :i I' il ! 'I II !I I' " , " I Ii I II I , II I CERTIFICATE OF SERVICE I hereby certify that on January ~D , 2005, I, Michael A. Scherer, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Answer, by first class U.S. mail, postage prepaid, to the party listed below, as follows: J. Edward Beck, Jr., Esquire 1035 Wayne Avenue Chambersburg, Pennsylvania 17201 t/Ja.t.v Michael A. Scherer, Esquire roo), .__1 (.,_. "-~. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee TOTAL $ Advance Costs: Sheriffs Costs: 150.00 64.47 $ 85.53 18.00 1.27 .50 1.00 3.70 20.00 20.00 Refunded to Atty on 01/31/05 64.47 Sworn and Subscribed to before me l"-ct l"- . ->- 0:::1- Wx :E:;::> <no l.A..lu :x; ~c ".,:;1: 0"" we:: Uw..; -a:.; t::L 0;:::; u <1: l.O I :> = % -= = = - ~~J~~~~ .' w Er=~fft~Jnlee/ ~ By Claudia A. Brewbaker c:. ..c: '~ ,s.~ ;..~ '.'FlI "ta ,., \,st> I:.h.Y n~ ~/iP()7 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-3890 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JONATHAN AKERS, Plaintiff (s) From KEVIN SCHRA WDER, DfB/A AUTO EFFEX, 1322 SPRING RD, CARLISLE, P A 17013 (I) You are directed to levy upon the property of the defendant (o)and to sell ANY AND ALL INVENTORY, SUPPLIES, PARTS, TOOLS, EQUIPMENT, FURNITURE AND FIXTURES LOCATED ON THE PREMISES OF THE DEFENDANT (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as fonows: 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 anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3,699.13 Interest Arty's Corom % Arty Paid $81.75 Plaintiff Paid Date: NOVEMBER 4, 2004 L.L. $.50 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG ProthO& ~ ~: ~f) ~ Q. :u,lt.-C Deputy REQUESTING PARTY: Name J. EDWARD BECK, JR., EQUIRE Address: KELLER, KELLER, FREY & BECK, LLC 1035 WAYNE AVENUE CHAMBERSBURG, P A 17201 Attorney for: PLAINTIFF Telepbone: 264-IHO Supreme Court ID No. 16268 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A Jonathan Akers, Civil Term Plaintiff vs. No. 04-3890 Kevin Schrawder, d/b/a Auto Effex, Defendant PETITION FOR APPOINTMENT OF ARBITRATORS To the Honorable, the Judges of the Said Court: J. Edward Beck, Jr., counsel for the plaintiff, in the above actions, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $3,699.13. The following attorneys are interested in the cases as counselor are otherwise disqualified to sit as arbitrators: Michael A. Scherer and Michael T. Traxler. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the cases shall be submitted. KELLER, KELLER, FREY & BECK, LLC ". 1. dward Beck, Jr. Attorney for Plaintiff 1035 Wayne Avenue Chambersburg, PA 17201 (717) 264-111 0 ID#16268 11. 1ft ~ l 9.) \) (A~ 1- - " -C W () " ~?\ -:::;I--n f\'\c~ -(''}\..;.,-; <:)1'"( :'.'~))() J-\"' -(J /,':(~:~-; :1; , .~::~\ '-:? r-.' "S ~f' =r; \ .r;;- .c- 0' "'rl '.~"" , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Jonathan Akers, Plaintiff vs. Kevin Schrawder, d/b/a Auto Effex, Defendant Civil T erID No. 04-3890 ORDER OF COURT AND NOW, peti ti on, A?' !J1 a ~ Esq., and captioned action as pray a for. J. Edward Beck, Jr., Esquire 1035 Wayne Avenue Chambersburg, PA 17201 Michael A Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, P A 17013 ,2005, in con ideration of the fore oing ,Esq., /JI t ] .-1"d..../ , Esq. are appointed arbitrators in t e above- By the Court, ~ ( /l \ ~ ~ J/t~/OJ~ f I : II n,. - \i~1t1 COn? " (';r~ ..\.".\, :::~) - JONATHAN AKERS V. KEVIN SCHRAWDER, D/B/A AUTO EFFEX IN RE: ARBITRATION PANEL : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 04-3890 CIVIL TERM ORDER OF COURT AND NOW, April 12, 2005, the appointment of Andrew Spears, Esquire, as arbitrator in the above matter is vacated, and Mark Bayley, Esquire, is appointed in his stead. yA( Mark Thomas, Esquire 101 South Market Street .) Mechanicsburg, PA 17055 Court Administrator By the Court, P.J. o ridtl (~~ o l.J . /3-0,5 " " 13d AU 38V'1n:J 62 :6 tfg 8! tL~-?H )d:r'/lCi :,:;,:L 0()l)rtfj,~ A-I<e ~ Plaintiff Xev/ir Gc./,t'aNrfH. ,Ilb~ M eFfe)f IDefend.mt In The Court of Common Pleas of Cumberland County, Pennsylvania No. tJo/ - 39'9(/ Civil Action - Law. c.. Oath We do solemnly swear (or affirm) that we wi support,o y and defend the Constitution of the United ~~;:. eo;\n of,"" C_o oIth "~will d;"'=g, th, <futi'"f o~ offi" ~//I4/a"f4,f / ML( Signature Yignature ) t.1YI~ l7tmrd Sll.~ cr:~;1( P4f'k- &;.4.!1 Name (Chairman) Name Name StJf me Law Firm t(~,~ .4IkJ I.'C Law F" ;(33/ /?I~JeI Sj. ~:r, 1J.,v". flVJ~re /$17 S. ;/a",hf!JY .57. Address /fJ/ .s. ~,~,f sf. Address Address lIIe~/,,, b.t,- If1 _ City, Z&, I"}~ ~~,f;1/11! I~- City, . , Zip (#J~ t19 J'lW City, . Zip Ji~~d /.237:{ We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) blll.s , ,~7.~.t~lt1~~ ~":k~i/ ~r~~ Date of Hearing: ~~ ~$' Date of Award: ~/~11.5 . Arbitrator, dissents. (Insert name if applicable.) (Chairman) Notice of Entry of Award Now, the 7~ day of ~tu.L ,20 0:'/ , at 1: /0/ , IJ- .M., the above award was entered upon the docket and notice t ereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ ;;/,'1o.UO i7~ (" . Prothonotary By: Deputy - . 0 ...., ~ = c = ;.:~- c.n -Qr-:,' <- ~~ 'Ttn c::: ~..J"--; % ZC_' I ~X ~)~; .- -.I r.;: 1,":- ~o '=H ~~ C' ;po 0- :;:: :;"'0 5 ~~~~: cD (3m Z ~ :::;! \.0 '< " '" ~ , o lJ\. 1 i D r ~ . , \ ' 0, lie. .~ ~, ".