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Home My WebLink About12-1992COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM 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 on the date and in the case referenced below. Glenn E. Tolbert c/o William A. Duncan 1 Irvine Row Carlisle PA 17013 DATE OF JUDGMENT IN THE CASE OF (PbWM) (Dsftndyrl• March 1, 2012 Tolbert Rochelle Shughart, Joseph Carr MJ-09303-LT 27-2012 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. If appellant was Susan Day R.C.P.D.J. No. 1001(6) in before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. SOW- dPMO--W y«D.p* PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appeilee(s), to file a complaint in this appeal Name of apWee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or atfomey or agent RULE: To appellee(s) Name of app&#Ws) - (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 file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ,20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANTS COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas . upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .20 Signature of affiant Signature of official before whom affidavit was made Tide of official My commission expires on CV y sf L ?- t?-- c co ;? rc: cv CX- ? "cc 4a. -j ? O M C?tm n ceit 20 2 COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript COUNTY OF CUMBERLAND Residential Lease Mag. Dist. No: MDJ-09-3-03 MDJ Name: Honorable Susan K. Day Address: 229 Mill Street P.O. Box 167 Mount Holly Springs, PA 17065 Telephone: 717-486-7672 William A. Duncan, Esq. Duncan & Hartman PC 1 Irvine Row Carlisle, PA 17013-3019 Disposition Summary Docket No Plaintiff MJ-09303-LT-0000027-2012 Glenn E Tolbert MJ-09303-LT-0000027-2012 Glenn E Tolbert Glenn E Tolbert V. Rochelle Shughart, Joseph Carr Docket No: MJ-09303-LT-0000027-2012 Case Filed: 2/17/2012 Defendant Disposition Disposition Date Joseph Carr Judgment for Defendant 03/01/2012 Rochelle Shughart Judgment for Defendant 03/01/2012 IN AN ACTION INVOLVING A RESIDENTIAL LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURT OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARYICLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. HOWEVER, LOW-INCOME AND/OR SECTION 8 TENANTS SHOULD REFER TO Pa.R.C.P.M.D.J. NO. 1008 OR 1013 FOR DIFFERENT PROCEDURES REGARDING THIS DEPOSIT. IF A PARTY WISHES ONLY TO APPEAL THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TO FILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THE PARTY FILING AN APPEAL MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, 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 MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. }lb M Date Magisterial District Judge Susan K. Day certify that this is a rue an correct copy o the record o the proceedings containing the judgment. Date Magisterial District Judge MDJS 315A Page 1 of 2 Printed: 03/07/2012 10:43:01AM r 's-r • Glenn E Tolbert Docket No.: MJ-09303-LT-0000027-2012 v. Rochelle Shughart, Joseph Carr Participant List Private(s) William A. Duncan, Esq. Duncan & Hartman PC 1 Irvine Row Carlisle, PA 17013-3019 Karl Ernst Rominger, Esq. Rominger & Associates 155 S Hanover §t„ Carlisle, PA 17013 4 Plaintiff(s) Glenn E Tolbert Go William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Defendant(s) Joseph Carr 312 Zion Road Mt. Holly Springs, PA 17065 Rochelle Shughart 312 Zion Road Mt. Holly Springs, PA 17065 .s.. .,0^ MDJS 315A Page 2 of 2 Printed: 03107/2012 10:43:01AM PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland ss AFFIDAVIT: I hereby (swear) (affirm) that I served U a copy of the Notice of Appeal. Common Pleas J,10 t 'Z- upon the District Justice designated therein on (date of service) March 28 20 12 , ? by personal service u by (certified) ?rd?i?t?rr) mail, sender's receipt attached hereto, and upon the appellee, (name) Rochelle Shughart & Joseph g4rr -121 March 28 .20 12 ? by personal service by (certified) (A l t ) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF /AP Ri L 20 12 Slgnat a of official before whom affidavit was made /V'0 ka ry P44 k 1 Signature of affiant Title of official r My commission expires on 20_?_* COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL JOAN D. ADAMS, Notary Public Carlisle Boro., Cumberland County Commission E)*n Maroh 15, 2015 k Cn? CA t- - 3 ry C:'r`Ya C) ?:. COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM 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 on the date and in the case referenced below. 1Lek- DATE OF JUDGMENT IN THE CASE OF (R oWdr) (Derend&N)' vs No. 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, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary d Deputy t CIP T EyTER RULE TO FILE 6bMPLAINl8IMPRCKE TO FILE xx>E9? iit>i?seJC4 L >??? gti?f2 9 49 9 (This section of form to be used ONLY when Ippellant was DEFENDANT (see Pa.l3.P.P.D.J. No. 1001(7) in ac before District Justice. IF NOT USED, detach l?f notice of appeal to be served upon appellee. Q ?rI3 ' PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No. appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attomey or agent RULE: To , appellee(s) Name of agxfte(s) (1) ; You are notified1hat a rule is hereby entered upon you to-tile 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. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: .20 Name of appeNtre(s) argnwum or r-rumanan ry or uepury YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE ? h anpel?` lan wa`sl A (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MU BE FILED within twenty WEli J (20) days after filing the NOTICE of APPEAL. 7008 3230 CC7-2 87-r-8 3"m-,= h m= o O Ot = D. ? N < cl? 7 N ? c a m ?J • ? C }4 d VV i o,R a,; m ? i Ra r? n CR ;b ] ;C ` 7 t 2 R C Z ID 3 C c 03 W O O O CO n -n =r CQ CD 'CD 1- N 1-0 :3. CI) C/) N n m =r ? O D ? O O v C3 O tll m .?? C3 O m Ln w Ir w coo D O N F O A [ 9 Q A ?,1 Tj tC N to W V7 O•;o ? N O A (j1< mCD o_ o :,'w4 W N O a 7008 2230 OC02 ?- y 0?, y ov __= R ?+ ' N (D 3 1q, a ^ Sa a a l i ; ? r ry co V, Na )c ?5yy rhi u W CO 00 C O N cfl -n 'a -a O n cc CD N CD - .. D j O O v Li ?.??. C3 O ru m ?.r¦ C3 O 03 Ln --m Er C3 999MMEMM [r coo UWT? D O N O ?\ f11A'' p A D n; t O A 1? 3 W !Y N I U ; 0 D O 9 0 -4 M OD .4 will O O w WN Otl1 m= Ir ?? ? v?- - O Y °c w n:: m O td W. w F-' O F ?C m r + En vn ON rt m Id --1 n r- oa m w fA fD W • rt a d a? ?a v 0 rn I_n ? O b `? p ro n 3 0 o UNfTkb > O N O T A IN 3 w ? ?Y N > i 0 U02 OODA C m?ti1< V••4?o o_o o • w N 0 « a DUNCAN & HARTMAN, P.C. By: William A. Duncan, Esq. I.D. No. 22080 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 bill@duncanhartmanlaw.com GLENN A. TOLBERT c/o William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Plaintiff V. JOSEPH CARR and ROCHELLESHUGHART 309 Front Street Boiling Springs, PA 17007 Defendants Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW NO. 2012-1992 ` ? - 17, ARBITRATION NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los promimos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personaimente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le adverte de que si usted falla de tomar accion como se describe anteriomente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cuaiquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u ostroa derchos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCE DE COMA CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJA COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 DUNCAN & HARTMAN, P.C. By: William A. Duncan, Esq. I.D. No. 22080 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 bill@duncanhartmanlaw.com GLENN A. TOLBERT c/o William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Plaintiff V. JOSEPH CARR and ROCHELLESHUGHART 309 Front Street Boiling Springs, PA 17007 Defendants Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW NO. 2012-1992 ARBITRATION COMPLAINT AND NOW, comes the Plaintiff, Glenn A. Tolbert, by and through his counsel, William A. Duncan, Esq., and files this Complaint and in support thereof avers as follows: 1. The Plaintiff, Glenn A. Tolbert, is an adult individual residing at 331 East Broad Street, Ozark, Alabama 36360. 2. The Defendants, Joseph Carr and Rochelle Shughart, are adult individuals residing at 309 Front Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The Plaintiff is the owner of certain real property, consisting of residential property located at 312 Zion Road, Mt. Holly Springs, Cumberland county, Pennsylvania 17065 (the "Property") 4. The Plaintiff originally leased the Property to the Defendants from May 1, 2005 to April 30, 2006 (the "Lease Term"). The Defendants held over after the expiration of the lease under the same terms and conditions. The lease agreement was evidenced by a written Lease Agreement, dated March 25, 2005 and all amendments thereto, and executed by the parties. A true and correct copy of the Lease Agreement is attached hereto as Exhibit "A" and incorporated herein by this reference. 6. The Defendants vacated the property. 7. The Lease Agreement provided that the tenant will not destroy, damage or deface any part of the property or common areas in that if any portion of the property is destroyed, damaged or defaced, the Defendants would be solely responsible to pay the cost for repairing any damage that is the fault of the Defendants, the Defendants' families or the Defendants' guests. 8. The Defendant returned the property to the Plaintiff with significant damage. 9. The Defendants breached the Lease Agreement by failing to properly maintain the property during the lease Term. 10. The Defendant breached the Lease Agreement by failing to return possession of the Property to the Plaintiff at the end of the Lease Term in a clean and undamaged condition. 11. The Defendants failed to pay $23,165.00 in rent due and owing by virtue of the Lease and said amount remains unpaid as to the date of the filing of this Complaint. 12. As a result of the Defendants' breach of the Lease Agreement, the Plaintiff will not be able to re-let the property for a period of 90 days. 13. The fair rental value of the property is $800.00 per month. 14. As a result of the Defendants' breach of the Lease Agreement, the Plaintiff has been damaged in the amount of $2,400.00 for the loss of fair rental value of the property. 15. As a result of the Defendants' breach of the Lease Agreement, the Plaintiff must make certain repairs to the condition of the property, including but not limited to the items set forth in Exhibit "B" and Exhibit "C", attached hereto. Those repairs will cost $15,850.17. 16. The Defendants also removed a shed from the premises. 17. The replacement value of the shed is $7,500.00. 18. As a result of the Defendants' breach of the Lease Agreement, the Plaintiff has been damaged in an amount less than the jurisdictional limit of $50,000.00 for damages and necessary repairs to the Property. 19. Pursuant to the Lease Agreement, Plaintiff is entitled to recover costs and expenses of this litigation, including attorney's fees from Defendants. WHEREFORE, the Plaintiff, Glenn A. Tolbert, demands that the Honorable Court enter a judgment against the Defendants, Joseph Carr and Rochelle Shughart, and in favor of the Plaintiff in an amount necessary to require scheduling of an arbitration hearing, said sum including but not limited to loss of rental value, cost of repair, replacement and refurbishment of the Property, interest, fees, Plaintiff's cost of suit and other further relief as the court may redeem proper. Respectfully submitted, DUNCAN & HARTM N P.C. By: William A. Duncan, Esq. Attorney I.D. No 22080 1 Irvine Row Carlisle, PA 17013 Telephone (717) 249-7780 Attorney for Plaintiff DATE: `C - VERIFICATION The undersigned, having read the attached Complaint, hereby verifies that the facts set forth therein are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S. section 4904 pertaining to unsworn falsification to authorities. GLENN A. TOLBERT Date This ftmram aired as LANDLORD, sed f H<. NU. : rl r4'-135`-),.e4 tMar. 28 2MIS 03- IFFM PI RENTAL AGREBmNT lk by atiko betwee i Charm A. ,rufttt TENANT. L1 HOHY 1t?tDi 4a[I) hpeby erms and 10ase2 to TENANT tioi mh kZKma a$ 312 Zift Read, Mt { , PA, to bC oaed ps a and ftr pwpoft fora eesm of 2xwmft , and eadma an th dy ot1},p 20A6, In said mars amL 71--N _RTTF it ?MY MW &I tfle raer ofS am w (agftt htttaha * Pa as01*4 adwmce pays* oa ds?r of each monda All-mod and notice for ream arr vadvet AD ramW rimed by I,ANDLM five (5) dais 4w d w due SWA be areeceN Oftn(lOYPOft to & . TENANT stuff m addf m pq ao 1.UlVDEORD d-dq)om of i IM-00 (ew t #amrlmd}? in the evearsa d properly is *a to a Sadshc1my mid S NO-00 (ei* bmwrw) dg3mk.64 be ramillod to IfUNAN'r. TWAW-*W-Ip .foe in pmwmW.pwvwy p%cmd an amid p Trp" t' sttdl be resposulde for AU u ty b1% on sdd property. Tf T to kOV *a pw" P M in a rrasou" oft ofrepaa and agttees"4 en" n any WeML ta>ea& or ObjOCOMM le taxivitias.io mid F=*=..;i R4 TT a to .keep-fie. yW ad *Weft deer of rofam ad agreeS to beep own ast..Sl mad 3ENAW fa W abide by ahe ftvpft tuna t. 04MORD.y =rerr SW ' 'lids` Mid Cb" 00 ticreaf To TMA..TT is WOUNA M UL IMAM asay UK ftWeW OF MOM dds a w"Ilq t rbe ftm"nt of t.AMlt ", wr shall TENANT show poracat? not cfacf m&w LANDLORD to mo" iett Ge 4Ct tw said prsmises 1RM0QL ! M of LANDLbRD, T NANT sf& pu%pdy noalfy-LAN!]l X)RD i3f QW pvbk= ? Om of lh-- boToks frmww ay YANDLMD I,AAfM(WD r ea &e dw w ewaft ad &up@" said' prandow m a,&y remon" time. %MU 7EI4AW hold over sfber t br cxpw ipea of this agmemal. s VaUX7 hm to o* Ifta eaast. TENANT m give at best tbiny (IM 6" tmt+ce ID LAMXORa a(mmc oet t& vid LAND=D tin give TENANT minty (30) nays artier shmM LANIIUMD sa p mpertr or need eecermtey net '"S tj RmW of'=O.80 (ei? ba dmd) &We t nee bm,*y a<4mOwkftd by LANDIDRD. In div eyeat TENA.V T fob to pV es p mvided baidt+r, or oiob tes any wirer Imb" of oo?tiotes of r!? sgeaemeat dfcm L.AIVDIARD mat tet;ninale ? rend m-omer and trier pos?iaa of m d pies. In tie avem of b *&* MAST "A 1* rr"MWr *w A h mm imcEtadstg Man tW& dkwmy fees tesultfnd tear sed lteM& It is as"d to dye v hc& a0 , , , , I bets the p fftka s cotawined hcl r ill ad Hier sfrwM nay i-?!CVM di wf vkAm enr Uw, tbm tfr. adtor ptovkiam sba remd u its ful faivc MVA cf*v Exmwd on to date first above 'V ? ? yu 31 '1-1 PCM1 ' C'ar r : S} i',t BART FRS: ND. :7172583524 Mar- 26 ?C% i33:2WM Fl l R ? AL AGREEMENT The fint mm* tart wm be &W on? Apy 200. k&%-„l ka d1 mr cm be 2" 4W a&w the n?rs the >a mfw dr . L&nCow d a w Tedua *a ltd &moom ,ad Som W tact wR1 be t?eemo+?ed to a flee M32- Repair Cm dM not mccxd f 400 00 { } of the t ?.Op (ei?t h v mad &PW,04 *e vwo w T? bo of ors bmv bey [a?ac?urd"s name M"kft& A1t.epm, aasr.wiH be W S tit i lu ihv iR d* TENANT- `J Lit A ---? W ? nth -k-N, v vnd w qtv5,A`.,? - c-iw.Fxo mt ?- e -a.- \c z & c ?Q- fybv 2- - * GJA- 4't rs ?+¢., ti n ?a PROPOSAL b 3 C h Psf-r,?.{- S? , sr?rao. rh+ Nally `?prln9s, PA />ols PA 0?(-3&? DATE PROPOSAL SUBMITTED TO: WORK TO BE PERFORMED AT: I rAMODRESS Aespec;tUiy submitted Any Wbm bon or dwWon fom above wedfleMbne kwomm O*a coats wN be exemW only upon vAMen on*, and wN become an oft charge Per over and above the eetinwe. AR apreemerds oontinpent upon *&ee, ac aidente, or delays beyond our oontrol. Note -This proposal may be withdrawn by us if not accepted within 30 days. ""' 77 7 7 f3k3_#f .'v. ievlr• rw Mw yea Date ~ to do the Wo, 00 i-+M NC 3818-50 PROPOSAL ? L. ?eY1Gol e d ?5`E rc1 G'? i v n i r. ?hvne c 4.186 - S a?> 1 03 J C( hlesI n ui p p r 1? COI (r ,?6` I r,rS, PA / 70(oS PA 07(,347 f r PROPOSAL SUBMITTED TO: WORK TO BE PERFORMED Al a AH maWal is guararfted to be as qp6dW, and the above wort( to be pwfM* in accordance with the drawl s and splsci cations submitted for above work and aompWed in a WztantW workmanlike rrwvw the sum of le-11 with payments to be made as Us. n Z 'A Ird -mv 4+ r+ OC ob, 6 eCO+id -tl * j rot arf e a ,fie, ko, GOP (lle?,wa j i S+*y e. t1 e `f-A 4 'A W c}.-f 44 -wet eo.„pl tf+4 0' Dom. RespectkMy submitted e.1- AM aheraalion or devielion from above speolficallons irnroft eta ooas will be executed only upon wdaen order, end rrltl becom an oft dwrpe Per over and above the solknate. AN agreements conrirgert upon sfritces, ac- cklents, or delays beyond our control. Note -This proposal may be withdrawn by us if not accepted within _ 90 days. W, I NC 3818-50 ' t GLENN A. TOLBERT, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY,PENNSYLVANIA V. :NO. 2012-1992 CIVIL JOSEPH CARR ? --s Defendant :COMPLAINT ? ?' ti cn r C? x° XCI 3 ' ?2 AFFIDAVIT OF SERVICE I, William A. Duncan, Esquire, being duly sworn according to law, do swear that I served a Complaint on Defendant, Joseph Carr by First Class Mail a copy of same to him at 309 Front Street, Boiling Springs, Pennsylvania, 17007, on April 17, 2012. William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Sworn to and subscribed before me this / day of J , 2012 . COMMOMM&TH- F PFNN YLVANIA NOTARIAL SEAL JOAN D. ADAMS, Notary Public Carlisle Boro., Cumberland County {? My Commission Expires March 15, 2w / Notary Public GLENN A. TOLBERT, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY,PENNSYLVANIA V. :NO. 2012-1992 CIVIL JOSEPH CARR' r_w Defendant :COMPLAINT ?- CD AFFIDAVIT OF SERVICE I, William A. Duncan, Esquire, being duly sworn according to law, do swear that I served a Complaint on the Attorney, Karl Rominger, Esq. by First Class Mail a copy of same to him at his office located at 155 S. Hanover Street, Carlisle, Pennsylvania on April 17, 2012. ?V William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Sworn to and subscribed before me this 74 day of AP)e-?« 12012. OF P&NNSYLVANIA cok"AQN NOTARIAL SEAL JOAN D. ADAMS, Notary Public Carlisle Boro., Cumberland County My Commission Expires March 15, 2015 Notary Public GLENN A. TOLBERT, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY,PENNSYLVANIA V. :NO. 2012-1992 CIVIL JOSEPH CARR Defendant :COMPLAINT c-j Z -? AFFIDAVIT OF SERVICE <- v r cc I, William A. Duncan, Esquire, being duly sworn according to law, do svoo thp% I e served a Complaint on Defendant, Rochelle Shughart by First Class Mail a dopy same to her at 309 Front Street, Boiling Springs, Pennsylvania, 17007, on April 17, 2012. U??zM William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Sworn to and subscribed before me this ` lrl day of V/-/ '2012. Notary Public Y VANW EAL tary pudic la nd County ach 15, 2015 r3W GLENN A. TOLBERT, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. , :NO. 2012-1992 CIVIL JOSEPH CARR . Defendant :COMPLAINT A FFIDAVIT OF SERVICE ;rm I, William A. Duncan, Esquire , being duly sworn according to law , do sw*Ph a#4 served the Ten-Day Notice of Default Judgment on the following: °• c Defendant, Joseph Carr 309 Front Street, Boiling Springs , Pennsylvania, 17007; Defendant, Rochelle Shughart 309 Front Street, Boiling Springs, Pennsylvania, 17007; and Attorney of Record for Defendants, Karl E. Rominger, Esq., 155 S. Hanover Street, Carlisle, Pennsylvania 17013 by First Class Mail a copy of same to them on May 15, 2012. 1 'j V "LEA/ ` v%.r - s 1_ - William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Sworn to and subscri ed before me this ( day of M-A , 2012. QQMh9)ffiA"LTH OF M_ yAbjjA 1/0_? 0, NOTARIAL SEM JOAN D. ADAMS, Notary public cub* am., CWkWWW cWdy Not Public My Ctlm *eion Exkn Maroh 15, 2015 ROCHELLE SHUGHART : IN THE COURT OF COMMON PLEAS 309 Front St. : CUMBERLAND COUNTY, Boiling Springs, PA 17007 : PENNSYLVANIA : CIVIL ACTION - LAW Defendant : NO. 2012-1992 ARBITRATION:' ^N rVii Date: May 15, 2012 IMPORTANT NOTICE C-, - r ?C- Zx YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTU Ar'j °`' ? ' WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE..IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 By: William A. Duncan, Esquire 1 Irvine Row Carlisle, PA 17013 717-249-7780 PA ID # 22080 Attorney for Plaintiff JOSEPH CARR : IN THE COURT OF COMMON PLEAS 309 Front St. : CUMBERLAND COUNTY Boiling Springs, PA 17007 , : PENNSYLVANIA : CIVIL ACTION - LAW Defendant NO. 2012-1992 - ? rt =M =9 3M- ARBITRATION Date: May 15, 2012 -c c? cn IMPORTANT NOTICE = YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE..IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 By. " 040'&?? - William A. Duncan, Esquire I Irvine Row Carlisle, PA 17013 717-249-7780 PA ID # 22080 Attorney for Plaintiff DUNCAN & HARTMAN, P.C. By: William A. Duncan, Esq. I.D. No. 22080 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 bill@duncainhartmanlaw.com GLENN A.'TOLBERT c/o William! A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Plaintiff V. JOSEPH Ci4RR and ROCHELL,rE SHUGHART 309 Front Street Boiling Springs, PA 17007 Defendants Attorneys for Plainti Pa,S wt!\d.: s : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW NO. 2012-1992 : ARBITRATION PRAECIPE Please enter a judgment in favor of Plaintiff, Glenn A. Tolbert, and against Defendant, Joseph Carr, in the amount of Forty-Eight Thousand Nine Hundred Fifteen Dollars and Seventeen Cents ($ 48,915.17) plus interest at the Judgment Rate from April 16, 2012. Date: May 31, 2012 By: oWt? < <..? William A. Duncan, Esquire 1 Irvine Row Carlisle, PA 17013 717-249-7780 PA ID # 22080 Attorney for Plaintiff DUNCAN & HARTMAN, P.C. aV?? sw-Sofiaul LO?o17S95? By: William A. Duncan, Esq. I.D. No. 22080 1 Irvine Raw Carlisle, PA 17013 (717) 249-7780 bill@dunconhartmanlaw.com GLENN A.' TOLBERT c/o William] A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 Plaintiff V. JOSEPH CARR and ROCHELLESHUGHART 309 Front Sfreet Boiling Springs, PA 17007 Defendants Attorneys for Plaintiff I { r 9 ?Y 31 AM 10* icYLVA 141 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2012-1992 : ARBITRATION PRAECIPE Please enter a judgment in favor of Plaintiff, Glenn A. Tolbert, and against Defendant, Rochelle Shughart, in the amount of Forty-Eight Thousand Nine Hundred Fifteen Dollars and Seventeen Cents (S 48,915.17) plus interest at the Judgment Rate from April 16, 2012. Date: May 3',1, 2012 By: William A. Duncan, Esquire 1 Irvine Row Carlisle, PA 17013 717-249-7780 PA ID # 22080 Attorney for Plaintiff Cps a\nl..•ro MA.\?Pc1 GLENN A. TOLBERT Plaintiff V. JOSEPH CARR and RICHELLE SHUGHART, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 2012-1992 CIVIL : ARBITRATION DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT 1. Admitted - , 2. Admitted W t._ 3. Admitted 4. Admitted _5. Admitted 6. Admitted 7. Denied. By way of further answer, the Lease Agreement states merely that "Tenant agrees to keep the property in a reasonable state of repair..." 8. Denied. 9. Denied. 10. Denied. 11. Denied, strict proof of the same is demanded at trial. 12. Denied. 13. Conclusion of law that requires no response. Denied to the extent that a response is deemed required. 14. Denied. Strict proof of the same is demanded at trial. 15. Denied. Strict proof of the same is demanded at trial 16. Admitted only that the shed was removed from the premises with the permission of the Plaintiff via telephone call. Said shed was 40 years old and had fallen into a state of disrepair. 17. Denied. Strict proof of the same is demanded at trial. 18. Denied that the terms of the Lease Agreement were breached. 19. Plaintiff states a conclusion of law to which no response is required, to the extent that a response is required, Defendants deny. WHEREFORE, the Defendants, Joseph Carr and Richelle Shughart, request judgment in their favor. Respectfully Submitted, ROMINGER & ASSOCIATES Date: June 8, 2012 v (t ..L.- Lee Mandarino, Esquire Attorney for Petitioner 155 South Hanover Street Carlisle, PA 17013 717-241-6070 Supreme Court ID No. 312895 GLENN A. TOLBERT : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA Vi. : CIVIL ACTION - LAW NO. 2012-1992 CIVIL JOSEPH CARR and RICHELLE SHUGHART, Defendants : ARBITRATION CERTIFICATE OF SERVICE I, Lee Mandarino, Esquire, certify that I this day served a copy of the within Defendants' Answer to Plaintiff's Complaint, upon the following, by depositing the same in the United States Mail, postage pre-paid, via first class delivery, addressed as follows: DUNCAN & HARTMAN PC William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 717-249-7780 Respectfully Submitted, Rominger & Associates i Date: ?.._- Lee Mandarinb, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 312895 Attorney for Defendant GLENN A. TOLBERT : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA Vii. : CIVIL ACTION - LAW NO. 2012-1992 CIVIL JOSEPH CARR and RICHELLE SHUGHART, Defendants : ARBITRATION VERIFICATION Lee Mandarino, Esquire, states that he is the attorney for Petitioner, Defendant in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ? Lee Mandarino, Esquire Attorney for Defendants,/Petitioners GLENN A. TOLBERT, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH CARR and RICHELLE SHUGHART, DEFENDANTS NO. 12-1992 CIVIL ORDER OF COURT AND NOW, this 12th day of June, 2012, upon consideration of Defendant's Petition for Relief from Default Judgment; IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule shall issue upon Plaintiff Glenn A. Tolbert to show cause why the relief requested by the Defendants should not be granted; 2. Plaintiff shall file an Answer to the Petition on or before June 29, 2012; 3. Upon examination of the Answer filed by Glenn A. Tolbert, it will be determined whether or not a hearing and/or argument will be held on the matter. By the Court, - ?? ok ?4 M. L. Ebert, Jr., J. t.") r..a William A. Duncan, Esquire For Plaintiff` r?J -'- Lee Mandarino, Esquire I For Defendant r` bas : es Wa.1e-d t ?- J Duncan & Hartman, P.C. William A. Duncan, Esquire 1 Irvine Row, Carlisle, Pennsylvania 17013 717.249-7780 717.249-7800 FAX Attorney ID 22080 GLENN A. TOLBERT Plaintiff V. JOSEPH CARR and RICHELLE SHUGHART Defendants F .J d' ^ Atj 11: .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2012-1992 CIVIL : ARBITRATION RESPONSE TO DEFENDANTS' PETITION FOR RELIEF FROM DEFAULT JUDGMENT AND NOW, comes the Respondent, Glenn A. Tolbert, by and through his attorney, William A. Duncan and answers as follows: 1. Admitted. 2. Admitted. 3. Plaintiff/Respondent is without the means to determine the veracity of this allegation and it is therefore denied. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. It is unfair to Plaintiff/Respondent to set aside a valid judgment obtained in accord with the Pennsylvania Rules of Civil Procedure in a case where Defendants had counsel of record, which counsel were properly notified and served at each and every filing and pleading by the Plaintiff. To do otherwise would result in additional expense to Plaintiff who complied with the law. Failure of counsel to properly maintain their calendar is not a sufficient excuse. Wherefore, Plaintiff/Respondent requests this Court deny Petitioners' request to open the default judgment entered against them. DUNCAN & HARTMAN, P.C. William A. Duncan, Esquire Attorney for Plaintiff/Respondent Duncan & Hartman, P.C. William A. Duncan, Esquire 1 Irvine Row, Carlisle, Pennsylvania 17013 717.249-7780 717.249-7800 FAX Attorney ID 22080 GLENN A. TOLBERT Plaintiff V. JOSEPH CARR and RICHELLE SHUGHART Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2012-1992 CIVIL ARBITRATION AFFIDAVIT OF SERVICE I, William A. Duncan, Esquire, being duly sworn according to law, do swear that I served the Answer to the Rule to Show Cause filed by Defendants by hand delivering a copy of same to Lee Mandarin, Esquire, attorney for Defendants at 155 South Hanover Street, Carlisle, PA 17013 on June 14, 2012. T William A. Duncan, Esquire Attorney for Plaintiff/Respondent GLENN A. TOLBERT, PLAINTIFF V. JOSEPH CARR and RICHELLE SHUGHART, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 12-1992 CIVIL ORDER OF COURT AND NOW, this 30th day of July, 2012, upon consideration of Defendant's Petition for Relief from Default Judgment and the Court noting that the Petition was fi within 10 days of entry of the judgment on the docket pursuant to Pa.R.C.P. 237.3 (b) and that the Answer states a prima facie meritorious defense; IT IS HEREBY ORDERED AND DIRECTED that the Judgment previously entered in this case is hereby opened. The case shall proceed on the merits. ? William A. Duncan, Esquire For Plaintiff ? Lee Mandarino, Esquire For Defendant bas ?p??s rya, led 713011 P-W cn ? ?r1 ?a N ?X 0 ra By the Court, GLENN A. TOLBERT : IN THE COURT OF COMMON PLEAS OF ', Plaintiff :CUMBERLAND COUNTY PENNSYLVANI~- v. :CIVIL ACTION -LAW . C _' ,fir ~;. _,-~ N0.2012-1992 CIVIL ~' ~,:~ JOSEPH CARR and ` °'-`' `= _, ~,: RICHELLE SHUGHART, ~-ra ~~ - _ Defendants .ARBITRATION ~~ ~= r- °~` ~ -a - .,.. a _ DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT ,"-'=ly=' ,-~ y. .. 1. Admitted ~ '~ `' ~ 2. Admitted 3. Admitted ~~', 4. Admitted ~~'~ 5. Admitted ~~ I 6. Admitted 7. Denied. By way of further answer, the Lease Agreement states merely that "Tenant agrees to keep the property in a reasonable state of repair..." 8. Denied. 9. Denied. 10. Denied. 1 1. Denied, strict proof of the same is demanded at trial. 12. Denied. 13. Conclusion of law that requires no response. Denied to the extent that a response is deemed required. 14. Denied. Strict proof of the same is demanded at trial. 15. Denied. Strict proof of the same is demanded at trial 16. Admitted only that the shed was removed from the premises with the permission of the Plaintiff via telephone call. Saici shed was 40 years old and had fallen into a state of disrepair. 17. Denied. Strict proof of the same is demanded at trial. 18. Denied that the terms of the Lease Agreement were breached. 19. Plaintiff states a conclusion of law to which no response is required, to the extent that a response is required, Defendants deny. WHEREFORE, the Defendants, Joseph Carr and Richelle Shughart, request judgment in their favor. Respectfully Submitted, ROMINGER & ASSOCIATES Date: August 14, 2012 .~ ~`- Lee Mandarino, Esquire Attorney for Petitioner 155 South Hanover Street Carlisle, PA 17013 717-241-6070 Supreme Court ID No. 312895 GLENN A. TOLBERT Plaintiff vii. JOSEPH CARR and RICHELLE SHUGHART, Defendants IN THE COURT OF COMMON PLEAS OF ', CUMBERLAND COUNTY PENNSYLVANL~1 CIVIL ACTION -LAW I N0.2012-1992 CIVIL ~I~ ill ARBITRATION VERIFICATION Lee Mandarino, Esquire, states that he is the attorney for Petitioner, Defendant in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 1'a. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: `~--- Lee Mandarino, Esquire Attorney for Defendants/Petitioners GLENN A. TOLBERT : IN THE COURT OF COMMON PLEAS OF ', Plaintiff :CUMBERLAND COUNTY PENNSYLVANIA vi. :CIVIL ACTION -LAW N0.2012-1992 CIVIL JOSEPH CARR and ~ RICHELLE SHUGHART, I, Defendants :ARBITRATION ', CERTIFICATE OF SERVICE I, Lee Mandarino, Esquire, certify that I this day served a copy of the within Answer t~ Plaintif'f's Complaint, upon the following, by depositing the same in the United Mail, postage pre-paid, via first class delivery, addressed as follows: DUNCAN & HARTMAN PC William A. Duncan, Esq. 1 Irvine Row Carlisle, PA 17013 717-249-7780 Respectfully Submitted, Rominger & Associates Lee Mandarino, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 312895 Attorney for Defendant GLENN A. TOLBER, IN THE COURT OF COMMON PL OF Plaintiff CUMBERLAND COUNTY, PENNS VANIA v. ' . NO. 12-1992 CPyjj~_., 19 .:;:, JOSEPH CARR and RICHELLE SHUGHART, .,~- ;~.;`; Defendants ~ ~l ~ ~ ,~-~ ~` - :~; - t, , `~°- ~~ ~ • ~ . ~"~ : . RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: ~ ~~ S~ ~c °~li PETITION FOR APPOINTMENT OF ARBITRATORS ~~~ '~ ~ ~IG~~ TO THE HONORABLE, THE JUDGES OF SAID COURT: William A. Duncan ,counsel for the plaintiff/defendant in the above action (o respectfully represents that: actions), 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is S 48, 915.17 plus interests and costs The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrato Karl Rominger, Lee Mandarino WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrato t h rs o w om the cases submitted. all be W ORDER OF COURT can AND NOW, , 19 . in consideration of the foregoing petition, Esq., ~q'' and ,Esq., aro appointed arbitrators in the above captioned actions) as prayed for. By the Court, (or P.J. ~i GLENN A. TOLBER, v. Plaintiff JOSEPH CARR and RICHELLE SHUGHART, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-1992 Cl~ +~.. rn ~ ~,.. -.,~.- -- ~.-" . "'~ ~'' C'.. -•.' _. -C • ~„ ~' r . ~ ~„ !~ :„~:! ra ~' ,.~~ a-~ !, ~. N ~ _.., _,. ~. ~ . YV RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE 1UDGES OF SAID- COURT: ~~5~~ 7 deft ,~`J'~ ~~~~~d William A. Duncan ,counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (ae~e) st issue. 2. The claim of the plaintiff in the action is ~ 48, 915.17 plus interests and costs The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Karl Rominger, Lee Mandarino WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Res tfu ed, ~'`~. Wi li m Duncan ORDER OF COURT AND NOW, ~, ~~~ru.~~±) ~ , ~ j~ ~ in consi~ration of4 foregoing petition. JJt % "~+' ° - - -- Esq•, e- E~., ani ,Esq., are alMinted arbitrators in the above captioned action (or actions) as prayed for. ~f~nQ~ ~ B the Court I£ ~~lW~ 9-d3St1~ v ~;If~a~, A- bin, ,~" ty G _, _ _._ ~, 9.K.. ~~~ Q6In The Court of Common Pleas of Cumberland Plaintiff C ounty, Pennsylvania No, 7 DefendAt!r Civil Action—Law, Oath We do solemnly swear (or affirm)that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and t at we will discharge the duties of our office with fidelity Sig nVtu?r-- Sig ,,Yature 5ignat6r NaAie (Chairman) Name 'Name Law Firm I aw Law Firm Address Address Address cmlslk (-70/3 Lt-,W)oc , City, Zip City, I I Zip ciiy, Zip Award We, the undersigned arbitrators C , having been duly appointed and sworn (or affirmed), make the followinc, award: (Note: If damages for delay are awarded, they shall be separately stated.) A i fly -L . of <t 4?)q ) . /7 Nzu JL awaad- Ut 37010, 161 JA 14'Sc2 6 1 - ILI f%—t7 0 14, l3°3 4.7 Anse 4e Dt� --,_Arbitrator, dissents {Insert-name if applica I V1 V Date of Hearing:V 2ah3 an) Date of Award: Notice of Entry of Zr"d Now, the R3 day of 20 at M., the above award was entered upon the docket and notice the `of given by mail to the p,arties or their attorneys. Arbitrators' compensation to be paid upon appeal: S 1116, B Y: a AV LL I Prothonotary iDepury THE PRD Hojs - . . d. dfl ?013 QUG 23 �; DDMBERIAND CDUPjTY PENNS YLVA PIA A • bua2�,r w tee / lG1nuG�v !i-tp' 10 - ,fit