The URL can be used to link to this page

Home My WebLink About04-3891 OOM"IVNWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Ol/- 3~q I NOTICE OF APPEAL Av. ~S+ C4. ~Od-I Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment reldered by the District Justice on the date and in the case referenced below. Judieial Dlstrlct, County Of NAME OF APPELLANT ..r~/# J),..M'tv'~&' ZVoJ",(lj,A1/7ZJ F//,E;X ADDRESS OF APPErtNT /..f~.P U/-,,..lhY"; /f}; DAT.E OF JUDGMENT I IN THE~SE OF (Plaintiff) A ?-6'''d,/ :::r.9P.,(l~,;1AI /~RE/J I MAG;9~07_PI CITY t:.J,#/t'/J/E /. A/f/!EAi STATE lIP CODE jJ.4 /YL7/o.)' tffenriant)' " /~EJ://V U///f//hf/.:>E/l pM ,4'77' 8-A SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT 1 NAME~L/f DOCKET No, C>V - ClOClt:JtJ 77' ,?f'1 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case, /0L If appel/ant was Claimant (see Pa. R.CP.D.J. No. 1001(6) in action before a District Justice, A COMPLAtNT MUST BE FtLED within twenty (20) days after filing the NOTtCE of APPEAL. s~,nature 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 notica of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon k'tV/N SH 1l/1 WI;)E7( t>44/,4V7lJ Ffyejt appellee(s), to file a complaint in this appeal Name of appelfee(s} (Common Pleas No. 0 1./ - 35(1/ 0 ;./ ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. - /1 '--S;gnaIU,e of appellanl 0' attorney 0' agenl RULE: TOLEY/AI J).I/l/ftvPfl //p/I / ~~ee(s) Name of appe//ee(s} (1) You are notified that a ruie is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. Date: A~-l (" d , 20()1.j ... (3) The date of service of this rule jf service was by mail is the date of the mailing. YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTfTRANSCRIPT 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 BE FILED WITHIN TEly (10} DAYS AFTEf:.t fiimq of notice acnG!.)!. Check dpplicabfe boxe ::.} COMMONWEALTH Of PENNSY1,VANtA COUNTY OF AFFIDAVIT: tatnrm'; of the Noti(;c of PlOdS Nc , upon trJ3 District ,'\ustict:;', designated U10IDI>! Oi: (dalo serf/cD) 2,0 hy persona; ~:;ervlce (certified; \iegiSWrf;(j) inall attached and upon illS appellee /narnc) by personal SOPiice (registered) rnaiL (SWORN) (AFFIRMED) AND SUBSCHIBED tlEFOHE ME THIS DAY OF S(r}natU/i2(li fjffifF;1 '_.~-~~-'~~-- Signature of offici41 before whom 8ffidavit waf; mode My commission expires on .ill 6" 0'\ ;o- N ..-. <1C :2 ~ ,-. ..::r ';) \ UJ~S: -) ( )'C"," :lC ~ ~ (L~i i:::'- ....l.- ,..'~. J,n <?~;:) \.;J '" - 6ci: c, -::1:; "Ut':>- :J ~ ~ _.-UJ ::;::> '..n ~ U-;E ..a; ~ _-r ~. l0 C:4( u_ = ~') 0 C":.:::. C) .,.... ~ AOPC :)12A ~ 02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-2-01 NOTICE OF JUDGMENTITRANSCRIP CIVIL CASE PLAINTIFF: NAME and ADDRESS fAKERS, JONATHAN N 45 CHAMBERS ST CHAMBERS BURG , PA 17201 L Mag. Dist No,: DJ Name: Hon, Address: PAULA P. CORREAL 1 COURTHOUSE SQUARE CARLISLE, PA T'~po,"e (717) 240-6564 17013-0000 VS. J EDWARD BECK JR 343B S POTOMAC ST WAYNESBORO, PA 17268 DEFENDANT: NAME and ADDRESS fKEvIN SCHRAWDER D/B/A AUTO EFFEX 1322 SPRING RD CARLISLE, PA 17013 L g~''''!i: CV;~~~~::904 .. ATTORNEY FOR Pr.A:I:N'l'IFF : -?i THIS IS TO NOTIFY YOU THAT: Judgment: [!] Judgment was entered for: DEFAULT JUDGMl'-NT PLTF (Name) }l.1C1':~R, .TONll.'I'l'lll.N}IT [!] Judgment was entered against: (Name) KF:VTN S~JfRAWDRR D/B/A ll.UTO RFFRX in the amount of $ 1,RR'i.61 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 Total $ 1,800.00 $ 85..63 $ .00 $ .00 $ 1,885.63 O Amount of Judgment Subject to Attachment/42 Pa.C.S. S 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ $ $ I ========='===1 Certified Judgment Total $ I Post Judgment Credits Post Judgment Costs ANY PARI\' HAS THE RiGHT TO APPEAL WITHIN 30 DAYS AfTC:R THE ENTRY OF JUDGMENT BY FlUNG A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTITRANSCRIPT 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 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. 7-6-04 Date (~~ ~~~-€ ",<\'\::~~;i~;;~~s~.ce I certify that this is a true an~cor y of the ~~Of >tfJce~in~f~i~~;fi~~~j:ar~~"I.., 7-6-04 Date ~ \.l~ ~ ~ :: ,District Justice' " '"'" ,I ':. ~. " -" My commission expires first Monday of January, 2006 . '. -'.SEAL. AOPC 315-03 DATE PRINTED: 7/06/04 10:13:00 AM ....,. ------------.-------------.-------.-.-.-------- PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE CONlPLAItH """ ,.." ~_ """" "'" W,,,,",," "''' ""~ ",,",""""" ,,,,,,,,, ~:~~~~:Ar~~~J~~~.-- · 55 AFFIDAVIT: I nerebY (swear) (affirm) \nal i served Ef a copy oHM Notice 0\ APpeal. Common Pieas No_ ~Yf- 3?!f upon Ine Dlstnct jus\lce (date of service) 'i\ I! ;:!, , 200 oJ 1'1' \lY pee,o""l service oy sender's receipt atlacMd \10re\0, and upon \118 appeilee. ,20 o by personal seNice by V~o(11t\ed) sender's receipt attached hereto. ( ,1;) J \~Jr-l~- (SWORNt(f-FFIRMEDl AND ~BSCRIBEO BEFORE ME THIS 0 _ __ DAY OF f1l'I.!Ji)5.!- 20D~- \. .. II -. tt\ercin on Q1a\\, , on n1sH, ,~..--..,-,..,..~......,~_.......- .... SignDtureofDffit-lli! () r-> () <= C 'jE:l -n :P" c:: G) - VJ -q:::! :;1';: x::" - ,;:- 201)( /J My commission expires on .0. /"'; .~ ,~ . '\j:-' Notarial Seal M~~IY A. Hartman, Notary Public ...: se~ Twp., Cumberland County _ ,.., CommiSSion Expires Feb. 26, 2005 Member, Pennsylvania AssoC'lBtIon 0\ Notaries AOPC 312A . 02 :j)._~:\;~I1l"<'>"""'" I COMMONWEAL TH OF PENNSYLVANIA COURT OF COMMON PLEAS '''' NAME OF APP~LANT A"'EY/A/ ~ ~,.,. ADDRESS OF APPWNT /J~.p 1J,;c:1A'/.......6 DATE OF JUDGMENT ?-~-d~ DOCKET No, JUdIcial District, County Of FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. {)I{- 38''1' NOTICE OF APPEAL A" "' + ";;;",,, """', "", "" "" .,,-, '" "" '" ", .- "'~" -" ...., '" ""~, '- ,~ i"'m,", .z,,~ 0' '" ,_ ,~.. ~ the date and in the case referenced below. NOTICE OF APPEAL ~AI. .,fVRJ ~/'09" ~ IN THE CASE OF (Plaintiff) V"'AlA-n4lP;V ;;1A-'",J' MAG DIST. NO. NAME OF o.J /7 "'9- :;'d/ ...GlPv....P ~ &"4,1fr4/ CITy s'jJ"A L?A""'.........:V~ I"H " /""FrAYJ};~A' SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT ZIP CODE /?e::>A.1 .#m:'I ~E;t' ev- OOt:?t7t7.T? .tJJ/ 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 DistHct JUstice, will operate as a SUPERSEDEAS to the jUdgment for POssession in this case. ~ /~OfProthO"""'YWo._ If appellant Was Claimant (see Pa. R,C.P.D.J. No. 1001(6) in action ; before a Dislrlct J~~~~T MUST BE FILED Within Iwenly (20) days after filing IheN'jITfCE ';'APPEAL. / 'L PRAECIPE: To Prothonotary Enterrule upon R'IV.lN S'NIf.4H(i)E;;( I"'" --" rom, " '" - OM, - _ _ DEFENww, 1_ "'"OP" No. ""'(I) """"" -. ~_ ~_ " 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 0'1. 3~11 6v',/ A'"", E~ appellee(s), to file a COmpiaint in this appeal (Common Pleas No. IULE: TO/EWK J1....A!'1v,,#;I'" .d~/ ;1/14':6 ~a,a.nee(s) Name of 8/JP81189(S) .. ) Within twenty (20) days after service of ruie Or suffer entry of jUdgment of non pros. I '- 1', ,~" " ....--"' ."" .. "m,. , '""""" '" "" "'= MA' " "'''''''' M',,~, '0, ',""~"'" ,~. '~""'''J'; .c'!' ~,#,~" '!"'~ (3) TheJllile;,!!lfservice oftnis-"",.'!!.service Was by mall IS the date of the mailing. e: .!lW-~^ (, ,20()Y' ~,...., ' " i Y" .' ~ , . - '" itOil,."...... A Cop> oj<"" '''''''' "" 'OOG'''''''RAN.c",PT '0" _ 'H~ .,,,"'. 0' ..,..... Ij }J v ", .~ '", ,- - J},j '~ " ..,J", '/1;,,: :'~ ..,' 312.02 '" ,"".. -, "" · ." , -. '"',,'" - ~" · .. · -."" ,. '" '."" ."" "".. 1'" "" ""_ ", '" ,,_. this rule upon you by personal service Or by certified or registered mail. Sign8ture of appellant or attomey or agent /f,1 COURT F"-Ii IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Jonathan Akers, Civil Term Plaintiff vs. No. 04-3891 Kevin Schrawder, d/b/a Auto Effex, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to de~end 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 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 S. Bedford Street Carlisle, P A 17013 Telephone - 717-249-3166 or 800-990-9108 (") "" C:,::> (") ); "c:> -n .r;- ".,' '""', u:> ::;:J I,"~ ;\ ,...., ii,:n --. -u r- " 1-'. I :g~ (./1 - - "J r.' , ~-{( .< .. -- ,:,0 -u C) ,1 " :3:: -~-o ); L:'~- '-~ ejr"o --< ~'i "):'" CJ :n -, 0' '< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Jonathan Akers, Civil Term Plaintiff vs. No. 04-3891 Kevin Schrawder, d/b/a Auto Effex, Defendant COMPLAINT NOW comes the Plaintiff, Jonathan Akers, by his attorney, 1. Edward Beck, Jr., and for cause of action against the Defendant says: I. The Plaintiff is Jonathan Akers is a sui juris adult who lives and resides at 45 Chambers Street, Chambersburg, Franklin County, Pennsylvania. 2. The Defendant is Kevin Schrawder, d/b/a Auto Effex, whose business address is 1322 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. On or about January 14,2004, the plaintiffs father, Dan Akers, and his mother, Virginia Akers; and friend, Brant Lohr, went to the defendant's place of business to pick up plaintiffs automobile, a 1977 Honda Civic, after Defendant had let plaintiff know it was ready for pick up. 4. Brant Lohr, drove plaintiff's automobile to Chamb(:rsburg and to the Toyota garage where Plaintiff was working that evening. 5. During the return to trip to Chambersburg. Pennsylvania, the engine began to heave, upon inspection it was discovered that defendant had improperly installed the engine. The engine was unsalvageable. 6. Plaintiff is seeking damages in the amount of $1 ,800.00 for replacement of the engine. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $1,800.00. plus interest and costs of suit. And he will ever pray, etc. 4/ ~Ieck, :Jr., Esquire Attorney for Plaintiff 1035 Wayne Avenue Chambersb lIrg, P A 1720 I Telephone (717) 264-1110 I veri fy 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: l- Y,-OY 11 ~ .:-1Vl1/' 0 ~1/'-" ~,ers, Plaintiff II IN THE COURT OF COMMON PLEAS OF' CUMBERLAND COUNTY, P A Jonathan Akers, Plaintiff Cl'vil Term vs. Kevin SChrawder, d/b/a Auto Effex, No. 04-3891 Defendant COMMONWEAL TH OF PENNSYL V ANJA : :SS AFFIDA VIr OF SERVICE COUNTY OF FRANKLIN 1. Edward Beck, Jr., Esquire, being duly Sworn ac<:ording 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 defendant's addr,ess of 1322 Spring Road, Carlisle, Pennsylvania, 17013. KELLER, KELLER, FREY & BECK, LLC By4*tr(d Sworn and subscribed to before me this ~ day of September, 04. ~6-Z ....... ~ Notary Pu lic Notarial Seal . Carol J. Varner, Notary ~ubilc Chambersburg Boro. Franklin Co~ I ~ My ~~~_~!SSi~n. :!,j~:~ Apr. 4, 2 (") c ;;? C8~r -;? . ~~~j ~; ~\:~--. ?~r: ..P~'; ~ ...., = = ..::- c -ri ..... -r ni'T'I -lOr:;:; :00 r, ' :::.:1(.... :-r!-i ('):1'3 ',;;-0 (..SrTI ':".:...-i ~jJ -<..' C/.> fTl -0 I -.J -0 3: - .. W <.0 '1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Jonathan Akers, Civil Term Plaintiff vs. No. 04-3891 Kevin Schrawder, d/b/a Auto Effex, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN J. Edward Beck, Jr., Esq., being duly sworn according to law, deposes and says that he served a copy of the attached Default Judgment Notice on Kevin Schrawder, d/b/a Auto Etfex by mailing a copy to them by ordinary mail at the United States Post Office, Chambersburg, Franklin County, Pennsylvania, on September 23,2004. ;:;?wi!:!,.d)A SwoQ1,a~d subscribed to before me this b' 'day of September, 2004. G(6-~ ~C~, ,~ Notarial Seal Carol J. Varner, Notary Public Chambersburg Boro, Franklin County I My CommissIOn Expires Apr. 4, 2005 ;_.~_._,.,~.._-_._. --,-, .. IN THE COURT OF COMMON PLEAS 011 CUMBERLAND COUNTY, PA Jonathan Akers, Civil Term Plaintiff vs. No. 04-3891 Kevin Schrawder, d/b/a Auto Effex, Defendant IMPORTANT NOTICE To: Kevin Schrawder, d/b/a Auto Effex 1322 Spring Road Carlisle, P A 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 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 A,,~d!.IJJ"i" Keller, Keller, Frey & Beck, LLC 1035 Wayne Avenue Chambersburg, PA 17201 2 - >- ~rg ~e.': (f)~'J, ~":''';;.'-I !:2\- d?::("J LC) )>c:: ~ ...., 8 .s:- C/> rrl -u N ...J ~ s:!::n mFT) -00 :0 L. ~~ c..,:d ~ :g~ - ~ .- }; c.n ~ w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Jonathan Akers, Plaintiff Civil Term vs. No. 04-3891 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 MA Y BE 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 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 By /~~ d ~dward Beck, Jr., Esquire Keliler, Keller, Frey & Beck, LLC 1035 Wayne A venue Chambersburg, PA 17201 (") ~ ""tJ..,'''' ~ai -':?i':"::' 0:>', ~~:: ~(,' '"!S zO ",,"0 ....c z :< . ...., <:::> => ..,.. (;) ,." -0 N ..... ",. :x o ., ~ r't1-r: :gITI g~ :r-:;:i fi~ ,j c-l ~:D .< - .. en w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A Jonathan Akers, Civil Term Plaintiff vs. No. 04-3891 Kevin Schrawder, d/b/a Auto Effex, Defendant PRAECIPE FOR DEFAULT JUDGMENT To: Curt Long. Prothonotary Enter judgment in favor of the Plaintiff and against the Defendants in the above captioned cause for the sum of $1 ,885.63 together with interest at 6% from September 23, 2004 and costs of suit, by reason of the failure of the Defendant to answcr the Plaintiff's Complaint within twenty (20) days of service, and by further reason of the Defendant's failure to answer the Plaintiff's Complaint within ten (10) days of the Default Judgment Notice served on the Defendant dated September 24, 2004. ~q!~ Attorney for Plaintiff 1035 Wayne Avenue Chambersburg, PA 17201 717-264-1110 t ~~ ~ _ Ib.. D r' _ - CY r~~::0 ~;Z p:: k ~ -F t'.:": '~ -. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Plaintiff (X ) Confessed Judgment ( ) Other FIle No. 04-3891 Caption: Jonathan Akers, Defendant Amount Due Interest Atty's Comm Costs $165.00 $1,885.63 vs. Kevin Schrawder, d/b/d/a Auto Effex, 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 .<'lnd 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). 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. ~ /' fi , n /A ~ Date October 28, 2004 Signature: ({ 0Y w Print Name: J. Edward Beck, Jr~, Esquire Keller, Keller, Frey & Beck, LLC Address: 1035 Wayne Avenue Chambersburg, PA 17201 Attorney for: Telephone: Supreme Court 10 No.: Plaintiff 264-1110 Hi/fiR (ove r) t; ? +- (:) ~ ~~ ~ ~ ~ :::: ~ ~ L r ~ ~ f ~~ , . 8 8 f-f? --<q( ~ ~ ~~~.;;, ~~OfvO tI) t\c 't 0 , , I · ~ ~ ,,0 ~ , , ~ ~ .. \.. ~ .. 0:) -!-- ~. .... '.~ ~ ".. I.. ~ o. = "T ~ ~-n o 1"11-'::: ...:::: -0 Fi1 I 7.0? .t:.' () 0 ""-1-r'i ::r.: .,., :s (~O '. . ..;... ;:Srn ~; ~ 5;! :'j N ~ --. 1..0 ~~ &1 f() -,.)l<J ... -u e. :p~ - 7cl ~p- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) N004-3891 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JONATHAN AKERS, Plaintiff (s) From KEVIN SCRRA WDER, D/B/A AUTO EFFEX, 1322 SPRING RD, CARLISLE, P A 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 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 anyone 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 $1,885.63 Interest Atty's Corom % Atty Paid $81.75 Plaintiff Paid Date: NOVEMBER 4, 2004 L.L. $.50 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG Prothon" '-- By: ~q~o _ P . ~O?/UJ,r 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 Telephone: 264-1110 Supreme Court ill No. 16268 II JONATHAN AKERS Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3891 CIVIL TERM 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 Plaintiffs "IMPORTANCE NOTICE" failed to comply with the language required by Pennsylvania Rule of Civil Procedure 237.5 dictating the language of such notice. II 1(.. 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 Mich~~ef::qUire I.D.61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Date: December '1 I 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Jonathan Akers, Civil Term Plaintiff vs. No. 04-3891 Kevin Schra,vder, d/b/a Auto Effex, Defendant IMPORT ANT NOTICE To: Kevin Schrawder, dfbfa Auto Effex 1322 Spring Road Carlisle, PA 17013 Date of Notice: September 23, 2004 YOU ARE TN DEF AUL T 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 NOTI CE TO A LA WYER AT ONCE. I F YOU DO NOT HAVE A LAWYER 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 Telepbone - 717-249-3166 or 800-990-9108 BY~ ~i1 dt 1.~w~d Beck, Jr., Esquire Keller, Keller, Frey & Beck, LLC 1035 Wayne Avenue Chambersburg. PA 1720J EXHIBIT "A" I ' COpy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A Jonathan Akers, Civil Term Plaintiff vs. No. 04-3891 Kevin Scbrawder, d/b/a Auto Effex, Defendant PRAECIPE FOR DEFAULT JUDGMENT To: Curt Long, Prothonotary Enter judgment in favor of the Plaintiff and against the Defendants in the above captioned cause for the sum of $1 ,885 .63 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 of the Default Judgment Notice served on the Defendant dated September 24, 2004. ,,;:/ dJ Jb~ 6dwa;ct Beck, Jr. Attorney for Plaintiff 1035 Wayne Avenue Chambersburg, P A 17201 717-264-1110 EXHIBIT liB" vqO~ , 'J II ]1. VERIFICATION 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. C.S. 9 4904, relating to unsworn falsification to authorities. \t\\~ Kevin Shrawder Date: December q ,2004 il JONATHAN AKERS Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3891 CIVIL TERM 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. Admitted. 5. Denied. Defendant is without sufficient information to form a belief as to the truth of the averments in paragraph 5. Strict proof is demanded at the time of trial. 6. Denied. This is a legal conclusion to which no response of pleading is required. NEW MATTER 7. The work performed by Defendant on Plaintiff's vehicle was performed in a good and workmanlike manner and any mechanical failures of the automobile were not due to actions of Defendant. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: December '1 ~j,~ Michael A. Scherer, Esquire I.D.61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 ,2004 EXHIBIT "e" il 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. Date: December q I 2004 thL- Kevin Shrawder II i' JONATHAN AKERS Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3891 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 ~t~ Michael A. Scherer, Esquire Attorney for Defendant Date: December 9, 2004 C""? " ( I. .. tJ..1 ( ---. ( 1 - .. .. .. , ~-- ...~ (.:..\ .. ... ..' cr) ,,,- c::_ , , , r ...) (.I.:. L ~ :-i I 1-: C:J IL _.";'r-. t - ~~ , , , '-' ...--,--:_> (........ ,-) v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-3891 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 Plaintiff's attorney of record, J. Edward Beck, Jr., Esquire a copy of this Court's December 15,2004 Order docketed to No. 2004-3891 by first class mail. A copy of the letter and Order are attached hereto as "Exhibit A." 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 Plaintiff's attorney of record, and no response having been made by Plaintiffs attorney, Defendant respectfully requests that the judgment against him be stricken. Respectfully submitted, O'BRIEN, BARIC & SCHERER ffD)A ~1At Michael A. Scherer, Esquire J.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/gen Iitlshrawder/case3891.pet \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. 9 4904, relating to unsworn falsification to authorities. ~It (vV Michael A. Scherer, Esquire Dated: I. lJ,. 0) Law Offices O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle. Pennsylvania 17013 Robert L. O'Brien David A. Baric Michael A. Scherer (717) 249-6873 FAX (7/7) 249-5755 email: mscherer@obslCI.A..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 .- ~Iv- Michael A. Scherer, Esquire MAS/ta cc: Kevin Shrawder Cumberland County Sheriff's Office, Writ of Execution Department File mas\GenLit\Shrawder\beck.ltr "EXHIBIT A" . I . '-+ DEe 1 0 2004 Y (j V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3891 CIVIL TERM JONATHAN AKERS Plaintiff KEVIN SHRAWDER, d/b/a AUTO EFFEX CIVIL ACTION - LAW Defendant ORDER OF COURT AND NOW, this ~ay 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 IP days~~. , HE COU 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 fRUE COry FROM RECORU !n, T~Unooy wherMf, I henJ unto set My ha..o ',:1.' :no s~ of said Ccurt at CarUsie Pi. , I (v n. · i i:S ... '-;:;~ ~ J..Jt.UO/~ '-'L- il h)'-f . L () 'Tn ..u j ~. . A i..n;z;:; ~-r'1 il CERTIFICATE OF SERVICE I hereby certify that on January ~, 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 . C.2~ Jf~ ~Q [ ... () ......, ~; = 0 < .:;) en " L.. ::::1 .:;;.. rf1JJ ;.t.t:: I- I -r:'! 1*'11 C'\ ~o6 r" -::; ( -0 ,~"I3 :}i ( -.' 3- ~ .,-.c) ~::; <." (5' i1 ___A =<: en ~~ UJ .< 1\ v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-3891 CIVIL TERM JONATHAN AKERS, Plaintiff KEVIN SHRAWDER d/b/a AUTO EFFEX, CIVIL ACTION-LAW 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 December 15, 2004 Order of Court and Rule To Show Cause, 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 17'201 11i!tJ1v: , Michael A. Scherer D i"'--:l 0 <= ~; c.:::." -n <:.rI (- -I ,. ~ :J::u' f-k fD -"" ""- -'-,n, I :;:-'19 en ~.;;o v -~ -r. , '. - ~c'} i!~ C fTl .-- W d~_, .~':"I U1 .::J -, \D .< JAN 0 7 2005 -^ f/"' v. IN THE COUHT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-38~11 CIVIL TERM JONATHAN AKERS, Plaintiff --'--- KEVIN SHRAWDER d/b/a AUTO EFFEX, CIVIL ACTION-LAW Defendant ORDER OF COURT AND NOW, this ,t.l~ay 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 I 19 West South Street [I Carlisle, Pennsylvania 17013 I , I J. Edward Beck, Jr., Esquire 1035 Wayne Avenue Chambersburg, Pennsylvania 17201 ~'~/>V1.<I-J.d / - J 'I - (J { c)-.. \.-~,.. '1 .7 '(, ~l t i-.~Vr S:111Z Ii JONATHAN AKERS Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3891 CIVIL TERM KEVIN SHRAWDER, d/b/a AUTO EFFEX CIVIL ACTION - LAW Defendant NOTICE TO PLEAD TO: Jonathan Akers c/o J. Edward Beck, Jr., Esquire 1035 Wayne Avenue Chambersburg, Pennsylvania 17201 You are hereby notified that you have twenty (20) days in which to plead to the enclosed Answer With New Matter or a Default Judgment may be entered against you. O'BRIEN, BARIC & SCHERER 4:lt1tlVL, Michael A. Scherer, Esquire 1.0. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Date: I' 2. ,. :;} II JONATHAN AKERS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 3891 CIVIL TERM V. 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, Admitted. 5. Denied. Defendant is without sufficient information to form a belief as to the truth of the averments in paragraph 5. Strict proof is demanded at the time of trial. I II I , 6. Denied. This is a legal conclusion to which no response of pleading is required. NEW MATTER 7. The work performed by Defendant on Plaintiffs vehicle was performed in a good and workmanlike manner and any mechanical failures of the automobile were not due to actions of Defendant. Respectfully submitted, O'BRIEN, BARIC & SCHERER 1t~ft^ Michael A. Scherer, Esquire I.D.61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION 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. ~ 4904. relating to unsworn falsification to authorities. \W\L Ke~in Shrawder Date: December --1-. 2004 II II !I ,I II II " \ II I il I ! i , II CERTIFICATE OF SERVICE I hereby certify that on January aD ,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 #1I{j~ Michael A Scherer, Esquire II f'-" 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 $ 18.00 1.27 .50 1.00 3.70 20.00 20.00 64.47 Sworn and Subscribed to before me This.{Mday ~o~f 1;fl,-,.. .'J 2005 A.D. S4)~' O)nJPI,~, ^f4. o onotary d. (f" .....e>- (:) ~.y. .. ~r- -::= W:t: -< :1":;::> <.>. c.fJCI uJ W II> :CD \t-'-;r: , u-~~ ~ 0_.: ~ we:: (..)W E!i! -cc. ~ .....,;: ~ .....:::> 0,-, --;:--:.~ (!~;;;"?\\ ,.,,(Il /~\ :.-::::,cu ">-.:> .-~>.?) Advance Costs: Sheriff s Costs: 150.00 64.47 $ 85.53 Refunded to Atty on 01/31/05 So Answers; ~~ .lIlc:d~ R. Thomas Kline: Sheriff C1aLU~~' ~-1 o:V By Claudia A. Brewbaker <::> -<:; '"'" "" ~ \:~ Gk"n;;J.'1 12....... /(,0:101( 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) From KEVIN SCHRA WDER, D/B/A AUTO EFFEX, 1322 SPRING RD, CARLISLE, P A 17013 (I) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL N004-3891 Civil CIVIL ACTION - LAW 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 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 ofthe 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 tban a named garnishee, you are directed to notify him/her that he/she bas been added as a garnishee and is enjoined as above stated. Amount Due $1,885.63 Interest Arty's Comm % Arty Paid $81.75 Plaintiff Paid L.L. $.50 Due Prothy $1.00 Other Costs Date: NOVEMBER 4, 2004 (Seal) CURTIS R. LONG Protha ~ a-.." - P 77C-/lA<IJ Deputy REQUESTING PARTY: Name J. EDWARD BECK, JR., EQUlRE Address: KELLER, KELLER, FREY & BECK, LLC 1035 WAYNE AVENUE CHAMBERSBURG, PA 17201 Attorney for: PLAINTIFF Telephone: 264-1110 Supreme Court ID No. 16268 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Jonathan Akers, Civil Term Plaintiff vs. No. 04-3891 Kevin Schrawder, d/b/a Auto Effex, Defendant PETITION FOR APPOINTMENT OF ARBITRATORS n c ~-, ~.~;:) c;;, ('...1' ..- ~\: ,. ~J o -q ::;:j :1' -'7J , .J;:.'. To the Honorable, the Judges of the Said Court: ~ :, J. Edward Beck, Jr., counsel for the plaintiff, in the above actions, respe~ttij~ly ';: represents that: -, _J I. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $1,885.63. 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 f:::/j'lli I . Edward Beck, Jr. ' Attorney for Plaintiff 1035 Wayne Avenue Chambersburg, P A 1720 I (717) 264-1 I JO JD#16268 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Jonathan Akers, Civil Term Plaintiff vs. No. 04-3891 Kevin Schrawder, d/b/a Auto Effex, Defendant ORDER OF COURT AND NOW, (~(d.uL8 petition, k: J1r .t4L it, I!~ dkL,./ , r) 0-7. ^ Esq., and..lo_,,;f-ci:-4L/'~ _, ~ captioned action as prayetf' for. , 2005, in consideration of the foregoing , Esq., ,h<.). -'d4t/ , Esq. are appointed arbitrators i the above- By the Court, .' ~h. 1. Edward Beck, Jr., Esquire 1035 Wayne Avenue Chambersburg, P A 17201 ~_ 3/Jcj.,,I- ?-- Michael a. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 '[/) n? '11 '1" )v' "'-.J 8 ".'1' (.'.0" ,. -- {J'j,il ~Uli~ ;.]Hl :K) :::~:Li-3C-Cn~,u -- 0th1((~ A~tH'~ Plaintiff In The Court of Common Pleas of Cumberland Kell/it Sd,~~ f~ /1(,(10 efIte,Y I efendant County, Pennsylvania No.~_ 3'irj / 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 Commonw th and t we will discharge the duties of our office w~J~ Signature ~s /l/#t..k. 6~Yky Name ' t:m/~ /3,y.6, { ~I'e Law Firm I ,f. tlla'* 7lM1ll~ Name (Chairman) .5 Name .?a.", e Law Firm ~~,.4 Adle(' Pc: Law mn ' ;/33/ /llQr~ef S'I. Address 1$5 s. &'J#~Vt:!I'" 51- Address /(}I 5. /i'la ('kef 61. Address t1/eck,,/aJkfj 1';1 I ~ City, I Zip CrA.Ht~ &// & /7P// City, . I Zip "/..2361l Award We, the undersigned arbitrators, having been dilly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) c:'./~k /4 17(1(.7 City, I Zip /.2 37!>' r,/b/05 . I (p/~JfJS , . (Chairman) Date of Hearing: Deputy Date of A ward: Notice of Entry of Award Now, the 7!:: day Of(~ ,20 0..,/ , at <{: / q , ..q..M., the above award was entered upon the docket and notice !hereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid Upon appeal: $ .:2JM. au 4h%ro.._ry By --- (") ...., = ~ c = :;::'~ en -u l~t' (.... ~;:D nOlr: c= -7" ~ ~:;r I ~~ g~. Xl -J '8 . -- ". :c:fj -:,.;(':. ~.() ::x ~(") ......c: 'P. am z "" =< 55 I.D -< ~~i~a~4. C} ~ /iuL. Y. ~ ",,^ J ' . ~~t .. . . .. ' \;It., .\ .' , '.\ "\ -. >..) . . 0/h11fllHu..... AletH'> In The Court of Common Pleas of Cumberland Plaintiff KelliJt 5d.~ef' f~ IJ u:h 1fi?ffIe,. I efendant County, Pennsylvania No.~- 3"if' / c.- 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 Commonw th and t we will discharge the duties of our office w~J~ lfGU C Signature Signature ~ R ~~ 7h~ Ill;t"k I3A,yk}J Name (Chairman) Name Name f"",~ B,yJ, r ~I'e Law Firm ) 6Mne Law Firm Re~..4;J,j!ef') PC Law mn ~3.3/ /IlQ<r~ef 05'1. Address /$5 S. &,,'~I" 57-. Address I ()I 5. II'la "kef 61. Address 1'1eck,,'(JJH~ IW City, IZip Il,~</(' I~ G../,;k 1,4 /7r10 City, ) Zip CfNHt/&'// ftf 17111/ City, . I Zip 1t 1.2 3ti> Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) /.23?~' V7 ~~~ ~~l/A~~7=IH ti~t.l/~fSaz ~ fJlf$ u. b 1/1 ~.? 'Me / G( if. ~;uJ()'1 Date of Hearing: r,JbJ05 , I IP/vl0.5 , bitrator, dissents. (Insert name if applicable.) Date of Award: (Chairman) "..., l/tJ,1J'() <fa. cfi) . 9o.M Notice of Entry of Award Now, the 7 ~ day of ~ ' 20 tJ :/ , at 9: I q , ..q..M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ c~ Prothonotary 2lftJ.a'1) By: Deputy f.01 V) ~-.I- .. - ;,'" . i'Or ~ 1'-'f1l'~ -t ~ (2 ~4. q.~ &..t. Y ~"""b n S:.~ ..-"~ ui~t ~IJri 4,~ ". -;;:r r g!:~ -r-- ~~( . 58 z =<1 ~, 1 . . .~ . ',.~ . \ . . ..., " ",\~t \,. . ~,,~ r-> = = "'" . '- <= :oe I -.I ~ :r m:JJ C1~r- :r,J o ::;~-T'i ?):D 70 afT1 ~ -< ::c. :::E: I.D I.D