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Home My WebLink About02-0344CCM~.MONWE.ALTH Of PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT Cumberland County NOTICE OF APPEAL mo,~ DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 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 an the clare and in the case mefltioned belo~ Garrett Electronics Corporation Charles A. Clement, Jr. 149 Geary Ave. New Cumberland PA 17070 ~2J20/01 IGompf Brackets, Inc. ~,,/// vs ~ajret.%~ctronic~ LTl9 This block will be signed ONLY when this notatian is required under Pa. R.C~J?. Nc~ If appellc~t was CLAIMANT (see Pa. R.C.P.J.P. No. 1008B. ! This Notice of Appeal, when received by the District Justice, will operate as a 1001 (6)in action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this cose FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE ('rhis section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. 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 GomDf Brackets, Inc. / , appellee(s), - Name of e~pe#ee(s) /// ' to file a complaint in this (Common Pleas NO ~ ° ~, ~ ~ "7-'z,c,...,.. )within twenty (20)days after~~j~~l:mos. RULE: To Gompf Brackets ~ Inc. . ~pd~(s). ~e~rd ~. Q~e ~ ~- ~ ol ~ae#ee(s) (1) You are notified that a rule is hereby en;e,~ed upon you to file a complaint in this appeal within tw~, ty (20) days after the date of service of this rule upon you by personal service or by certified or registe~d maiL (2) ff you do not file a complaint within th~s time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA ' ' COUNTY OF ; ss '~ AFFIDAVIT: I hereby swear or affirm that I served [] a copy of the Notice of Appeal, comm6n Pleas.No, , upon the District Justice designated therein on (date of service) , [] by personal service J-] by (Certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,19__ [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that ~ served the Ru~e t~ Fi~e a ~~mp~aint acc~mpanying the ab~ve N~tice ~f A~pea~ u~~n the a~pe~ ~ee(s ) t~ wh~m the Rule was addressed on ,19 ~ [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 19__ Signature of affiant Signature of official before whom atfidavit was made Title of official My comml~,sion expires 19 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: ~E]~?.~-D Mag. Dist. No.: 09 -1-01 DJ Name: Hon. ~ES A. CLEMENT, ,.TR. 400 BRI'DGE STREET OLDE TOt~]E COI'fl~ONS -sU'rTE 3 Te,,~.n.: (717) 774-5989 17070 GARRET ELECTI[ONZCS 149 GF,~EY AVE NE~ ~~, PA 17070-2036 THIS IS TO N(~¥1FY YOU THAT: Judgment: [-~ Judgment was entered for: (Name) ['~ Judgment was entered against: (Name) NOTICE OF JUDGMEN If/TRANSCRIPT CIVIL CASE PLAINTIFF: NN~tE and ADDRESS I-GOMPF BI~A~S ][NC 107 N. CO~,-,-.CE WAY i~]F~w.m~'~, PA 18017 . VS. DEFENDANT: NAME and ADDRESS I-~T FJ.,ECTRONICS 149 GEARY AVE NEW CUMBE~r.~ND, PA 17070-2036 0ocket No.: CV-0000681-01 Date Filed: 11/20/01 D~I~A~]LT ~ pT,q,F in the amount of $ .. R: 1 fl1 _ ~N on: (Date of Judgment) ['~ Defendants are jointly and severally liable. _. . (Date & Time) ["] Damages will be assessed'on: .;:-;' '.: .......... 7" ::.';' 'L'u '~/".( ..'~ Judgment Costs Interest on Judgment . Attorney Fees Total .8,000.00 101.00 .00 8,101.00 This case dismissed..without prejudice.* [--~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $. Levy is stayed for days or ['-] generally stayed. '--I Objection to levy has been filed and hearing will be held: Post Judgment Credits Post Judgment Costs Certified Judgment Total $ Date: Time: Place: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY oF JUDGMENT BY ~=ILING A NOTICE OF APPEAL WITH THE PRO'IHONOTAR¥/CLERK OF THE COURT OF COMMON PL~'AS CIVIL DI¥1SlON YOU .us-r ..c,u.. ~ co,,, ,~ ~,s .o.,c. o~ ~,u.~...-r~.~ ~0.....w. I~ ,!o..u, ~ ,o'.c. o~ ?,: · ~ I b~'rtify that this is a true and corre(Jt copy of the record of the proceedings containing th judgment, , I Date . District Justice I My commission expires first Monday of January, AOPC 315-99 2002 SEAL PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal. Check applicable boxes) THIS ~AY OF '~~~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF- Cumberland AFFIDAVIT: ~ hereby swear or affirm that I served [~ a copy of the Notice of Appeal, Common Pleas No. 02-344 , upon the District Justice designated therein on (date of aervice) January 22 r 2 00 2 [] by personal service ~[] by (certified) (.~.¢sta.m~) mail, sender's receipt attached hereto, and upon the appellee, (name) Gompf Brackets, Inc. , on ~ 2 2 ,1,~ 0 0 2 [] by personal service ~[by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I served the Rule to File a Complaint accompanying the a~ve Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ~a~L~,~ maii, se der's rec i t ttachad hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME Signature of affiant Notariat Sea ~ Mariann L. Stlely, NotarY Public Lemoyne Bore, Cumberland County ~My CommiSsion Expire'" Jan. 2, 20054 USE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GOMPF BRACKETS, INC. : : Plaintiff : No. 02-344 Civ. GARRET ELECTRONICS CORP : : CIVIL ACTION Defendant : NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEYS 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. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 AMATO AN/J~ARGLE, P.C. Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (61 O) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GOMPF BRACKETS, INC. : Plaintiff : No. 02-344 Civ. VS. : GARRET ELECTRONICS CORP. : : CIVIL ACTION Defendant : COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum of $8,731.82, with interest thereon as hereinafter stated, upon the following cause of action: 1. The Plaintiff, GOMPF BRACKETS, INC., is located at 1410 19th Avenue NW, Issaquah, Washington 98027-8923. 2. The Defendant, GARRET ELECTRONICS CORP., is located at 149 Geary Avenue, New Cumberland, Pennsylvania 17070-2036. COUNT I 3. Plaintiff, at Defendant's special instance and request, sold to Defendant certain goods and merchandise and costs for tooling in the amount and for the prices set forth in its invoices to Defendant, taken from Plaintiffs books and records, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A". 4. The prices charged for the aforesaid items are just and reasonable and are those which Defendant promised to pay Plaintiff. 5. Defendant received and accepted the goods described in the invoices referred to above, and a total principal amount which became due as a result thereof, after allowance for all proper credits for payments and/or returned merchandise, if any, was $3,959.10. 6. Plaintiff is also entitled to receive interest on the above mount determined by applying the agreed interest rate of 18.00% per annum to the past due balance. As of January 23, 2002 the total amount of interest due to Plaintiff is $3,920.49. 7. Plaintiff is entitled to have the 18.00% interest charge continue to accrue as set forth above, from January 23, 2002 on down to the date of judgment in this matter. 8. In accordance with the aforesaid agreement, Defendant further agreed to pay Plaintiff's reasonable attorneys' fees incurred in the collection of any balance due Plaintiff, which total $852.23. 9. Plaintiff has made demand against Defendant for the aforesaid sum, but Defendant failed or refused to pay the same or any part thereof. WI-IEREFORE, Plaintiff demands judgment against Defendant for $8,731.82 together with the continually accruing interest charge at the agreed rate of 18.00% per annum from January 23, 2002, and cost of suit. COIJNT II Alternative to Count I - lJ~ust Enrichment 10. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 11. The goods, wares, merchandise, and/or services, described in the exhibits attached hereto were purchased by Defendant, and Defendant received and accepted the benefit of such goods, wares, merchandise, and/or services provided by Plaintiff. 12. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid goods, wares, merchandise, and/or services to Defendant, and that Plaintiff expected to be paid for such. 13. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide and/or deliver said goods, wares, merchandise, and/or services, and to incur damages. 14. At all times material hereto, Defendant was unjustly enriched by retaining the benefit of receiving said goods, wares, merchandise, and/or services without paying Plaintiff fair and reasonable compensation. 15. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's expense, an implied contract exists between Plaintiff and Defendant, and Defendant is obligated to pay Plaintiff the quantum meruit value of the value of the goods, wares, merchandise, and/or services described in the exhibits attached hereto, in the amount of $3,959.10. WHEREFORE, Plaintiff demands judgment against Defendant for $3,959.10 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from January 23, 2002, costs of suit and all other relief to which Plaintiff may be justly entitled. AMATO A/~MARGLE, P.C. Attorney I.D; No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 VERIFICATION I, Michael Kennedy, Esquire, hereby state that I am the attorney-in-fact for Plaintiff in this action and, as such, am authorized to make this verification on behalf of Plaintiff as their verification cannot be obtained within the time allowed for filing, that the statements of fact made in the foregoing complaint are true and correct to the best of my knowledge, information and belief based upon the infomaation and documentation provided by Plaintiff. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~ K~e~~y, Esquire Attorney for Plaintiff ~PR-23-O~ ~ON ~1:35 B~ P'05 GOMPF BRACKETS, INC. 1410- 19th Ave. N.W, lssaquah, WA 98027 Phone: (425) 391-0495 Fax No.: (425) 391-0496 SOLD TO! GARRET ELECTRONICS CORP 149 GEARY AVE I~EW C%TMBERLkND, PA 17070 INVOICE: 024358 INVOICE DATE: 07/25/96 PAGE: 1 SHIP TO: ATTN: KATHY HUGHES GARRET ELECTRONICS CORP 149 GEARY AVE NEW CUMBERLAND, PA 17070 i AIRBORNE: SHIP ¥1A ........... : 07/25/96 ~ SHIPDATE ......... : 08/04/96 [ DUE DATE ....... ! TERMS .......... ! Net. 10 ITEM NO. DESCRIPTION ORDERED T9415000! 410 . 00 9415-0001/63H7638 BRACKETS SHIPPED MADE PROM TOOl IF TOOLING CF-~RGE HAS NOT BEEN ~RAcKETS BROUGHT IN FROM TAIWAN ~IR CHAI~GES/TPE/BILLED TO IBM Freight AIRBORNE - 3rd PARTY Bill to Acct# 245-823- 3rd PARTY BILLING SHIPPED 410.00 lNG (O[n~ INVO )AID, PLEASE BY AIRBORNE ER YOUR INSTR )VERNITE (IBM) 10947 OUST. hD ............ : 676-00 P,O. NUMBER ......... : 06/03/96 P,O, DATE ............ : OUR ORDER NO ....... : '10 SALESPE. RSON ...... : UNIT [ PRICE EACH I 0. 5100 1 [CB N~.023931 dd6-!~-96) ~XPED~TE: PAYMENT N~ ![[ .,REIG~T AIRB!LL~ 'Tg 0755904 ~CTIO[~S-" - Acct# 004-)798496 209.10 0.00 per KATHY HUGHES @ GARRET: 717-?74-7923 T~N~ YOU FOR YO~ O~ER. PAY~ ~T ~S DU~ ~i~0 F~O~ D~T~ OP S~Z~T. ALL F~IGHT I9 S~JECT TO ~BIL FKEIGHT BILL IS NOT PAID FOR BY IBM ~ ~MP~ IS ~EQUESiED TO P~Y IT. Continued . L ' 209.1.0 IT IS OUR POU~ ~ EN~BCE THE ~E8AL mIG~ OF ~OMPF 8~AOK~S INC, ~ ~INTAIN THE ~UBTOTAL : .x.,.,. ] E ~PR-23-O1 ~0~ ~:35 ~H P, 06 GOMPF BRACKETS, INC, 1410- 19th Ave. N.W. Issaquah, WA 98027 · Phone: (425) 391-0495 ' Fax No.; (425) 391-0496 ;OLD TO; GAR}lET ELEC~I{ONICS CORP 1~9 GEARY AVE NEW CUMBERLAND, PA 17070 SHIPViA ........... : AIRBORNE: 3rd PARTY BILLING SHIP DATE . 07/25/96 ' DUE DATE ........ ; 08/04/96 'r~M$..' ......... : Net !0 INVOICE: 024358 INVOICE DATE: 07/25/96 PAGE: 2 SHiP TO: ,- . ATTN: KATHY EUG~EB GARRET ELECTRONICS CORP 149 GEARY AVE NEW CUMBERLAND, PA 17070 1094'7 CUST. I.D .............. : 676-00 RO, NUMSER .......... P.O. DATE ............ OUR ORDER NO ........ : SALESPERSON ....... : 10 ITEM NO, DESCRIPTION ORDERED FOR Y01~ TNFORMATION: ATRBILL SHIPPED 9722632813 UNIT IT IS OUR POLICY TO ENFORCE THE LEGAg RIGHT~ OI= GOMPF BRACKETS INC. WE MAINTAIN THE RIGHT TO CHARGE INTEREST AT 1.~% PER MONTH IOR SUCH OTHEr~ RATE PERMITTED BY ',NIl, L 8E CHARGEO FOR CO%L~CTION COSTS AND ~{!A$ONAOLE AT"fORNE¥ FEES COLLECTIONS PRICE SUBTOTAL TAX PAYMENTS TOTAL NET TX 209.~0 0.00 0.00 209.10 . APR 23 '0i 15:00 PAGE.D6 ~PR-23-01 ~ON 11:~5 P~ P, 07 GOMPF BRACKETS, INC. 1410 - 19th Ave. N,W. Issaquah, WA 98027 Phone: (425) 391-0495 Fax No.: (425) 391.0496 iNVOICE'. INVOICE DATE: 023931 ' SOLD TO: GARRET ELECTRONICS CORP i49 GEARY AVE NEW CUMBERI~ND, PA 17070 $HIPV[A ........... : MOT SHIPPED SHIPDATE ........ ; 06/28/96 DUE D~E ......... : I~RMS ............ ; Net lO TD,&iS0000T 1.00 i 1.00 00004 TOOLING NON RECURRING EXPENSE: TOOLING EW ITEM TOOLING NOT SHIPPED/REN-z~INS AT ~FACTORY FOR USE IN PRODUCTION. PAYABLE ZET 10! BRACKETS MADE FROM THIS TOOLING WILL NOT BE CHARGE HAS BEEN PAID. PLEASE E~ ~EDITE THIS TT LS OUR POLICY TO ENFORCE THE LEGAL RLGPrF~ OF ~.~,OM ~'P 6RACKETS lNG. WE MAINTAfN THE !I~(~HT TO CHARGE INTEREST AT 1.~% PER MON'rH (OR EUCH OTHER RATE PERMITTED BY PAGE: 1 SHIP TO],... TOOLING: NOT SHIPPED 10947 OUST. I.P .............. : 676-00 P,o. NUMBER .......... : 06/03/96 P.O, DATE ............. : OUR ORDER NO ....... : SALESPERSON ....... · 1 0 UNIT [ PRICE i HIPP~D UNTIL THE YMENT~ SUBTOTAL: PAYMENTS: TOTAL ; 3750.0.0 0.00 DOLING 3750.00 0.00 0.00 3750.00 E RPR 23 '01 15:00 PRGE.O? COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GOMPF BRACKETS INC : Plaintiff : No. 02-344 Civil GARRET ELECTRONICS CORP : : CIVIL ACIION Defendant{s} : CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's was served via first class mail, postage prepaid on February 1, 2002: Garret Electronics Corp. 149 Geary Avenue NEW CUMBERLAND PA 17070-2036 AMATO ANDNIARGLE, P.C. By: Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 LAWS, STARUCH & PISARCIK Gerard J. Pisarcik, Esq. Atty. ID No. 39181 20 Erford Road, Suite 305 Lemoyne, PA 17043 (717) 975-0600 Attorneys for Defendant GOMPF BRACKETS, INC., Plaintiff IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY Docket No. 02-344 GARRETT ELECTRONICS CORPORATION, Defendant Civil Action - Law NOTICE TO PLEAD TO: Gompf Brackets, Inc. You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof, or a judgment may be entered against you. LAWS, STARUCH & PISARCIK Gerard J. Pisarcik, Esq. Atty. ID No. 39181 20 Erford Road, Suite 305 Lemoyne, PA 17043 (717) 975-0600 Attorneys for Defendant GOMPF BRACKETS, INC., Plaintiff GARRETT ELECTRONICS CORPORATION, Defendant IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY Docket No. 02-344 Civil Action - Law ANSWER AND NEW MATTER Defendant Garrett Electronics Corporation ("Garrett"), by and through its attorneys Laws, Staruch & Pisarcik, files its Answer and New Matter and in support thereof avers as follows; 1. Admitted. 2. Admitted. 3 through 5. After reasonable investigation, Garrett is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraphs 3 through 5 and same are therefore denied. Strict proof thereof is demanded at time of trial. 6 through 8. The averments of Paragraphs 6 through 8 constitute conclusions of law to which no responsive pleading is required. 9. Admitted. WHEREFORE, Defendant Garrett respectfully requests this Honorable Court enter judgment in its favor and against Plaintiff and award Garrett its attorneys fees and costs in defending this action and such additional relief as this Court deems just and proper. 10. The averments of Paragraphs 1 through 9 are incorporated herein by reference as if fully set forth at length. 11 through 13. After reasonable investigation, Garratt is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraphs 11 through 13 and same are therefore denied. Strict proof thereof is demanded at time of trial. 14. The averments of Paragraph 14 constitute conclusions of law to which no responsive pleading is required. 15. The averments of Paragraph 15 constitute conclusions of law to which no responsive pleading is required. WHEREFORE, Defendant Garrett respectfully requests this Honorable Court enter judgment in its favor and against Plaintiff and award Garrett its attorneys fees and costs in defending this action and such additional relief as this Court deems just and proper. NEW MATTER 16. Plaintiff's claims ara barred by the statute of limitations. WHEREFORE, Defendant Garrett respectfully requests this Honorable Court enter judgment in its favor and against Plaintiff and award Garrett its attorneys fees and costs in defending this action and such additional relief as this Court deems just and proper. Respectfully submitted, 20 Erford Road, Suite 305 Lemoyne, PA 17043 (717) 975-0600 Attorneys for Defendant Garrett Electronics Corporation VERIFICATION Subject to the penalties of 18 Pa.C.S. Section 4904 (relating to unsworn falsification to authorities), I, Richard H. Garrett, hereby declare that, as president of Defendant Garrett Electronics Corporation, I am authorized to execute this Verification on behalf of Defendant and acknowledge that the facts set forth in the foregoing ANSWER AND NEW MATTER are true and correct to the best of my knowledge, information and belief. CERTIFICATE OF SERVICE I, Gerard J. Pisarcik, Esq., hereby certify that on the 1st day of March, 2002, I served a true and correct copy of the Defendant's Answer and New Matter by United States First Class Mail, postage prepaid, upon the following: Ronald Amato, Esq. 107 N. Commerce Way Bethlehem, PA 18017 Attorney for Plaintiff 20 Erford Road, Suite 305 Lemoyne, PA 17043 (717) 975-0600 COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GOMPF BRACKETS INC Plaintiff VS. GARRET ELECTRONICS CORP Defendant(s) PLAINTIFF'S REPLY TO : No. 02-344 Civil CIVIL ACTION : NEW MATTER 16. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. WHEREFORE, Plaintiff requests Your Honorable Court enter judgment in favor of Plaintiff and against Defendant in accordance with the prayer of the Complaint. AMATO AND MARGLE, P.C. Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (61 O) 866-0400 COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GOMPF BRACKETS INC : Plaintiff : No. 02-344 Civil GARRET ELECTRONICS CORP : CIVIL ACTION Defendant(s) : CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Reply to New Matter was served via first class mail, postage prepaid on March 26, 2002: Gerard J. Pisarcik, Esquire Laws, Staruch & Pisarcik 20 Erford Road, Suite 305 LEMOYNE PA 17043 AMATO AND MARGLE, P.C. By: Ronal~d~Am~ato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (61 O) 866-0400 VERIFICATION L0~ ~ , hereby states that he/she is the ~¢~'~0~t of GOMPF B~CKETS INS , Plaintiff in this action, and verifies that the statements made in the attached Reply to New Matter are true and correct to the best of his/her knowledge, info~ation and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. GOMPF BRACKETS, INC. Plaintiff GARRETT ELECTRONICS CORPORATION Defendant IN THE COURT OF CO}DION PLEAS OF Cb%{BERLAND COUNTY, pEN'NSYLVANIA NO. 02-344 CIVIL 19 RULE 1312~1, The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOIN'f~dENT OF ARBITraTORS TO THE HONO~%BLE, THE JUDGES OF SAID COURT: Ronald Amato~ Esquire . counsel for the plaintiff/RRX~MM~YJ( in the above ac:ion (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are~ a~ issue- 2. The claim of the plaintiff in the action is $ $8,731.82 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are o~har- wise disqualified to sit as arbitrators: Ronald Amato, Esquire and ORDER OF COURT Gerard J. Pisarcik, Esquire thrae (3) Wtl~RE:ORE, your petitioner prays your Honorable Court to appoinZ arbitrators to whom the case shall be submitted. foregoing petition, .... Esq., t Esq., and ~~7 ~,~~ ,Esq., are appointed arbitrators in ~he above-captioned action (or actions) as prayed for. By the Cc COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GOMPF BRACKETS INC Plaintiff VS. GARRET ELECTRONICS CORP Defendant(s) : No. 02-344 Civil : . : : CIVIL ACTION . : JOINT PRAECIPE TO DISCONTINUE WITH pREJUDICE TO THE PROTHONOTARY, CUMBERLAND COUNTY: Please discontinue the above-captioned case with prejudice. Amato and Margle, P.C. Attorney ID//32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem PA 18017 (610) 866-0400 Laws. Stamch & Pisarcik By: [ Xitomey ~or Defendant 20 Erford Road, Suite 305 LEMOYNE PA 17043 717-975-0600 GOMPF BRACKETS, INC. · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA v. ' 02-344 CIVIL TERM GARRET ELECTRONICS CORP. IN RE: ARBITRATION ORDER OF COURT AND NOW, November 5, 2002, the Court having been informed that the above-captioned case has settled prior to hearing, the panel of arbitrators previously appointed is vacated, and Michael A. Scherer, Esquire, Chairman of the Arbitration Panel, shall be paid the sum of $50.00· Michael A. Scherer, Esquire Michael Rentschler, Esquire Barbara Zimmerman, Esquire Court Administrator By the Court, Robert L. O'Brien David A. Baric Michael A. Scherer Law Offices O'BRIEN, BARIC & $CHERER 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Fax (717) 249-5755 E-mail: obs~obslaw, com direct: mscherer~obslaw, corn November 4, 2002 Honorable George E. Hoffer President Judge Court of Common Pleas of Cumberland Comaty Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Gompf Brackets, Inc., v. Garret Electronics Corp. No. 02-344 Civil Term Arbitration Hearing Dear Judge Hoffer: By Order of Court dated July 16, 2002, you appointed me chairman of the above- captioned arbitration hearing. This matter was settled without being heard by an arbitration panel. As such, I am herewith returning the file in this matter. Please forward the appropriate fee to me in this matter. Very truly yours, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire MAS/skg Enclosure cc: File MAS~Arbitration\Gompf~Ho ffer. ltr