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HomeMy WebLinkAbout02-0695CHARLES D. WALSH 6035 Westbury Drive Enola, PA 17025 IN THE COURT OF COMMON PLEAS CUMBERLAND COUN3~, PENNSYLVANIA Civil Action - (X) Law ( ) Equity : RICHARD GULAN, t/a : APACHE APPLIANCE INSTALLATION : 507 W. King Street : East Berlin~ Ad_a_~ls County : Pennsylvania : SEARS ROEBUCK 8: COMPANY : 3595 Capital City Mall : Camp Hill, Cumberland County : Pennsylvania PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to ( )Attorney (X)Sheriff Signature of Attorney Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Supreme Court ID No. 32085 (717) 2344161 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU.~2~.~ ~-~- Prothonotar~ Deputy ( ) Check here if reverse is issued for additional information 60931,1 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-00695 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WALSH CHARLES D VS GULAN RICHARD ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GULAN RICHARD T/A APACHE APPLIANCE INSTALLATION but was unable to locate Him deputized the sheriff of ADAMS serve the within WRIT OF SUMMONS in his bailiwick. He therefore County, Pennsylvania, to On February 22nd , 2002 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing Out of County Surcharge Dep Adams Co 18.00 9.00 10.00 29.20 .00 66.20 02/22/2002 n we · f. · ~t So a s~er~ ..... f/ ..... R/Thomas Kline Sheriff of Cumberland County GOLDBERG KATZMAN SHIPMAN Sworn and subscribed to before me this /~m day of~ ~ ' Prothonofaz~ ' SHERIFF'S RETURN - REGULAR CASE NO: 2002-00695 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WALSH CHARLES D VS GULAN RICHARD ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon SEARS ROEBUCK & COMPANY the DEFENDANT at 3595 CAPITAL CITY MALL , at 1052:00 HOURS, on the 20th day of February , 2002 CAMP HILL, PA 17011 LUKE SHULTZ a true and attested copy of WRIT OF SUMMONS by handing to AP MANAGER together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 25.66 Sworn and Subscribed to before me this j~ day of ~A~ ~ ~ ~ A.D. ~Pfothonotary So Answers: R. Thomas Kline 02/22/2002 GOLDBERG KATZMAN SHIPMAN DeputyrSh~ff Return this form to C~nberland County Sheriff's office. In The Court of Common Pleas of Cumberland County, Pennsylvania Charles D. Welsh VS. Richard Gulan t/a Apache Appliance Installation SERVE: sane NO. 02 695 civil Now, February 13, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of J~tans County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within Affidavit of Service .,20 ,at o'clock M. served the upon by handing to and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA AINNO3 SHVOV J.,-II~':IHS 03AI303~1 MASON DIXON BUSINESS FORMS, INC. DATE RECEIVED 1. PLAINTIFF/S/ CHAi~I F.g D. WALSH DATE PROCESSED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 I INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY SHERIFF SERVICE THE SHERIFF" on the reveres of the leal (No. 5) copy of this form. Please PROCESS RECEIPT, and AFFIDAVIT OF RETURN tyhe or print legibly, insuring readability of all copies. Do not c~:h any copies. A~SD ENV.# 2. COURT NUMBER I 02-695 Civil Term 4. TYPE OF WRIT OR COMPLAINT: RICHARD GULAN t/a APACHE APPLIANCE INSTA~.~ATION, ET AL ~rit of Summons in Civil Action 3. DEFENDANT/S/ 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. SERVE Richard Gulan t/a Apache Appliance Installation 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE) A'r 507 West King Street, East Berlin, Pennsylvania 17316 7. INDICATE UNUSUAL SERVICE: [] PERSONAL [] PERSON IN CHARGE [] DEPUTIZE [] CERT. MAIL [] REGISTERED MAIL [] POSTED [Z] OTHER , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of Now, County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF ADAMS COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN--Any deputy sheriff levying upon er attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. g. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: I 10. TELEPHONE NUMBER [ 11. DATE Thomas E. Brenner, Esq. ]~[] PLA,,T~FFDEFENDANT I (717) 234-4161 I SPACE MI_LOW FOR USE OF SHERIFF ONLY -- DO NOT WRlIP. BELOW THIS LINE 12. I acknowledge receipt of the writ SIGNATURE of Authorized ACSD Deputy or Clerk and Title I 13. Date Received 14. Expiration / Hearing ~,~:~ or complaint as indicated above. 15. I hereby CERTIFY and RETURN that I~ have personally sarveq, [] have served person in charge, [] have legal evidence of service as shown in "Remarks" (on reverse) [] have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the indiviriual, company, corporation, etc., at the address inserted below by handing/or Posting a TRUE and Al ;~:STED COPY therof. 16. [] I hereby certify and return a NOT FOUND b'~'__e,,'~ I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name and title of individual served I 18. A pellon of suitable age and discretion Read Orde,' thef~ residing in the defendant's uau&l Richard Gulan I "~' of axe. a 19. Address of where served (complete only if different than shown above) (Street er RFD, Apartment No., City, BarD, Twp., State and ZIP CODE) 20. Date of Service 21. Time 2/15/2002 5: 29PM 22. ATTEMPTS D~p. lnt, 23. Advance Costs 24. 25. 26. $ o.oo 3 612 AFFIRMED and subscribed to befere me this day of N/A 27. Total ~ 28~'~mB.,~R. REFUND ;29.20 Pd. 2/19/02 ~120.80 Ck. ~6762 SO ANSWER. Jame~ W. Muller / 2/15/2002 n~ure ef Sheriff Data w. I 2/15/2002 Pnxhe~x~y/Oeputy~y PuUk= SHERIFF OF ADAMS COUNTY MY COMM!~Q~ON EXPIRES I ACKNOWLEDGE RECEIPT OF THE ~I4F..RIFF'S RETURN ~IQNATURE 39. Oate Recetvod OF AUTHORIZED 18SUING AUTHORITY AND TITLE. PROTHONOTARY (~) SHERIFF'S RETURN OF SERVICt= The within upon defendant by mailing to by prepaid, a true and attested copY thereof at , the within named mail, return receipt requested, postage on the ) (2) The return receipt signed by defendant on the is hereto attached and made a part of this return. Outside the CommonWealth, pursuant to Pa. R.C.P. 405 (c) (1) (2), by-mailing a true and attested copy thereof at : in the following manner: ( ) (a) to the defendant by ( ) registered ( ) certified mail, return receipt requested, postage prepaid, addressee only on the said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities that Defendant refused to accept the same. The returned receipt and envelope is attached hereto and made a part of this return. And thereafter: ( ) (b) To the defendant by ordinary mai[ addressed to defendant at ~same address, with the return address of the Sheriff appearing thereon, on the I further Certify that after fifteen (15) days from the mailing date, I have not received ( ) (3) ) (4) ) (s) said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a proof of mailing. By publication in the Adams County Legal Journal, a weekly publication of general circulation in the County of Adams, Commonwealth of Pennsylvania~ and the Gettysburg Times, a daily newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general circulation in said County for successive weeks of .The Affidavits from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made part of this return. By mailing to by mail, return reCeipt requested, postage prepaid, on the a true and attested copy thereOf at The Authorities marked is hereto attached. Other returned by the Postal CHARLES D. WALSH, Plaintiff RICHARD GULAN, t/a APACHE APPLIANCE INSTALLATION and SEARS ROEBUCK & COMPANY, Defendants IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-695 CIVIL TERM CIVIL ACTION - LAW pua~CIPE FOR APPEaRaNCE TO: Prothonotary Please enter the appearance of Richard H. Wix, Esquire, of the firm of Wix, Wenger & Weidner, on behalf of Defendant Richard Gulan, t/a Apache Appliance Installation in the above-captioned matter. WIX, WENGER & WEIDNER Richard h~ Wix, Esq., I.D. ~07274 Attorneys for Defendant Gulan 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: March 18, 2002 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHARLES D. WALSH, Plaintiff v. RICHARD GULAN, t/a Apache Appliance Installation and SEARS ROEBUCK & COMPANY File No. 02-695 Civil Term PRAECIPE A-ND RULE TO FILE X A COMPLAINT A BILL OF PARTICULARS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue rule on Plaintiff to file a Complaint in the above case within twenty days after service of the rule or suffer a judgement of non pros. DATE: ..3/18/2002 Signature: r~~ ~. (4J~ Print Name: Richard H. wix. E~. Attorney for: Defendant Gulan Address: 4705 Duke Street Harrisbura. PA 17109-3099 Telephone No: (717) 652-8455 Supreme Court ID No.: 07274 (NOTE: File in duplicate) Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for Plaintiff CHARLES D. WALSH Plaintiff V. RICHARD GULAN t/a APACHE APPLIANCE INSTALLATION and SEARS ROEBUCK & COMPANY: Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 02-00695 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 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITAABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 (800) 990-9108 2 Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for Plaintiff' CHARLES D. WALSH Plaintiff RICHARD GULAN t/a APACHE : APPLIANCE INSTALLATION : and SEARS ROEBUCK & COMPANY .' Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-00695 COMPLAINT AND NOW, comes Plaintiff Charles D. Walsh, through his attorneys, Goldberg, Katzman & Shipman, who state: I. Plaintiff Charles D. Walsh is an adult individual residing at 6035 Westbury Drive, Enola, Cumberland County, Pennsylvania. 2. Defendant Richard Gulan t/a Apache Appliance Installation is a business entity with an address of 507 W. King Street, East Berlin, Adams County, Pennsylvania. 3. Defendant Sears Roebuck & Company is a business entity involved in the sale of appliances with a local address of 3595 Capital City Mall, Camp Hill, Cumberland County, Pennsylvania. 4. Plaintiff Charles D. Walsh purchased a dishwasher on February 19, 2000, as reflected on the Merchandise Agreement attached hereto as Exhibit "A". 5. Defendant Gulan ifa Apache Appliance Service came to the Plaintiff's former home at 10 Carleton Court, Camp Hill, Pennsylvania and installed the dishwasher. 6. On February 28, 2000, a leak from the dishwasher resulted in property damage to the Plaintiff's home, necessitating repairs with a total cost of $3,463.50. reference. 8. COUNT I WALSH v. RICHARD GULAN t/a APACHE APPLIANCE INSTALLATION The averments of paragraphs 1 through 6 are incorporated herein by Defendant Gulan was negligent in that he: (a) failed to make appropriate connections in the installation of the dishwasher resulting in a water leak; (b) failed to assure that the drain line of the dishwasher functioned properly; and (c) failed to assure that the dishwasher was appropriately installed. 9. As a direct result &the negligence of Defendant Gulan, PlainfiffWalsh incurred the damages to his home as set forth above. WHEREFORE, Plaintiff Charles D. Walsh demands judgment against Defendant Richard Gulan t/a Apache Appliance Installation, jointly and severally, in the amount of 2 $3,463.50, together with interest and costs of suit. This is an amount requiring submission of this claim to an arbiU'ation hearing pursuant to the Local Rules of Court. COUNT II WALSH v. SEARS ROEBUCK & COMPANY BREACH OF WARRANTY 10. reference. 11. The averments of paragraphs 1 through 6 are incorporated herein by The Sears Roebuck & Company Merchandise Agreement attached hereto as Exhibit "A", provides an installation warranty for a term of one year. 12. The dishwasher began to leak within ten days of the purchase, resulting in damage to the Plaintiff's home. 13. These damages reflect a breach of the installation warranty provided by Sears Roebuck & Company and therefore Sears Roebuck & Company is responsible for the damages. 3 WHEREFORE, Plaintiff Charles Walsh demands judgment against Defendant Sears Roebuck & Company, jointly and severally, in the amount of $3,463.50 together with interest and costs of suit. This is an amount requiring submission of this claim to an arbitration hearing pursuant to the Local Rules of Com~. 14. reference. 15. COUNT III WALSH v. SEARS ROEBUCK & COMPANY PRODUCTS LIABILITY Thc averments of paragraphs 1 through 6 are incorporated herein by Defendant Sears Roebuck & Company manufactured, assembled and sold a dishwasher in a defective condition, so as to make it unreasonably dangerous to users and consumers, contrary to the provisions of the Restatement (Second) of Torts § 402(a). 16. The dishwasher reached PlaintiffWalsh in substantially the same condition as when manufactured and assembled by Defendant Sears Roebuck & Company Roebuck & Company. 17. As a result of the defect in the dishwasher, PlaintiffWalsh sustained the damages as set forth above. 4 WHEREFORE, Plaintiff Charles Walsh demands judgment against Defendant Sears Roebuck & Company, jointly and severally, in the mount of $3,463.50 together with interest and costs of suit. This is an amount requiring submission of this claim to an arbitration hearing pursuant to the Local Rules of Com. 18. reference. 19. COUNT IV WALSH v. SEARS ROEBUCK AND COMPANY NEGLIGENCE The averments of paragraphs 1 through 6 are incorporated herein by Defendant Sears Roebuck & Company was negligent in the manufacture, assembly, testing, and inspecting of the dishwasher, resulting in its failure within ten days of purchase, and the property damage as set forth above. WHEREFORE, Plaintiff Charles Walsh demands judgment against Defendant Sears Roebuck & Company, jointly and severally, in the amount of $3,463.50, together with interest and cost of suit. This is an amount requiring submission of this claim to an arbitration hearing pursuant to the Local Rules of Court. 5 COUNT V WALSH v. SEARS ROEBUCK & COMPANY BREACH OF WARRANTY reference. 20. The averments of paragraphs I though 6 are incorporated herein by Defendant Sears Roebuck & Company breached the implied warranty that the dishwasher was of merchantable quality and fit for its ordinary use and flee fi.om all defects and the implied warranty that the dishwasher was fit for the particular purpose for which it was intended. 21. Defendant Sears Roebuck & Company breached its express warranties that the dishwasher was safe for its intended use, and free from all defects. 22. As a direct result of the breach of these warranties, PlaintiffWalsh sustained the damages as set forth above. 6 WHEREFORE, Plaintiff Charles Walsh demands judgment against Defendant Sears Roebuck & Company, jointly and severally, in the amount of $3,463.50, together with interest and costs of suit. This is an amount requiring submission of this claim to an arbitration hearing pursuant to the Local Rules of Court. Date: ~/~ °/°~- GOLDBERG, KATZMAN & SHIPMAN, P.C. BY:~ L Thomas E. Brenner, Esquire Attorney I.D. No. 32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Plaintiff Walsh CUstomer.. lgmes:,, sea.""gEes the customer's exi~'"-~'ii-~'~?~" ~llUIIIIlg]~lllllllllt Mclq~i~p~t~o~nd can accommodate a ~andard ins. llation. ~ If a~l~~~qulred lo' meet this criterla,~it will be'the4~ cu~~~. Any additional charges will be quoted and -~ ~LD~ T0: ST0~ 02624 approved prior to the ~ of ~e job. - .............. ~13TH~qU~ t~0IT~IT~2 '~"'~" ~,'"-:,~- 'Customer Initials Sea~ ~ai~o~rmn~. q.~ TO ~ w~ ~,D~D ~~~v~l~. W~ BENES E~E'~E, . AR~GED INST~,~.F~yL~E ~,~ Wl~ U~ NOT[CE.,~ YOU. CAUSE SUCH ~A~ m SE ~R~ED ~T ~ XDS~6N~ ADDITIONAL ~TotalAmount of Sale $, ".- ...,-~ ~ - - ~ ' Customer Signature: X Sales Associate: X k;/_~ ,~ Approx. Start Date: "'" '" .......-~Approx.~Complehon' Date:"' Contractor: ~ ~ -, Address: TERMS AN.D.~DNDITIONS ARE STATED ON License NO. -.,; ,'.' .... -- Notice to California. Residents Only: .IF THIS SALE,IS IN EXCESS OF $.500 ~OU THE O~.,N~I~ ~ENAN~ HAVE THE RIGHT O EQU RE THE CONTRACTOR TO HAVE A PERFORMA~J'~E. ~*I~D ~l'&~ BOND OR REFUND NG CON~ROL~' ~ ': .,..,I ;!, ~,, :~,,~-: ,, , '~ w.~ ~,,~, ~ +~,~,qmo: '-',:'~,, :~.~ -: 2-Cdstome? Copy , L.~-. F~M~: PALE J. TY-DJSTO~: ~LE ~. W~a ,.. ~I~t,ST~TE ~F' HILL, PA x~':~ ZIP ~: t?011 717-732-I~717-7~-~12 - E~PECTEB~ ~TE: 0'2/~/~ OELIV !N~TR: TO E I)~T~LLED BY ~,q~HE ,~F, ;Ar,[ 0~ S9 02624.~.~'T' .,~.,~- ~.. MERCHANDISE CUSTOMER 'PICKUP ~DERED ~' ~I1.0% ~" C~ T~: UIS~ ~JOl ~: ~80037070395~0~I ~,H ~: 081i%-E UISA TOT~ VERIFICATION I, Thomas E. Brenner, Esquire, hereby acknowledge that I am the Attorney for PlaintiffWalsh; that I have read the foregoing Complaint; and that the facts stated therein arc truc and correct to thc best of my knowledge, information and bclie£ This Verification is made pursuant to Pa.R.C.P. 1024(e) as the Verification of PlaintiffWalsh cannot be obtained within the time allowed for the time of the pleading. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. 4904, relating to unswom falsification to authorities. Thomas E. Brenner 8 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the Unites States mail, at Harrisburg, Pennsylvania, with first class postage, prepaid, as follows Richard H. Wix, Esquire Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 Sears Roebuck & Company 3595 Capital City Maill Camp Hill, PA 17011 GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas E. Brenner, Esquire 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, Pa 17108-1268 (1717)234-4161 Attorney I.D. #32085 Attorneys for Plaintiff Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32095 Attomey for plaintiff CHARLES D. WALSH Plaintiff Vo RICHARD GULAN t/a APACHE APPLIANCE INSTALLATION and SEARS ROEBUCK & COMPANY Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 02-00695 AFFADAV1T OF SERVICE Attached hereto are return receipt cards reflecting the service of the Complaint upon Richard Wix, counsel for Defendant Gulan and Defendant Sears Roebuck & Company, on April 11,2002. By: GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas E. Brenner, Esquire P.O. Box 1268 Harrisburg, PA 17108-1268 [717] 234-4161 Attorney I.D. No. 32085 Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Richard H. Wix, Esq. Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 Sears Roebuck & Company 3595 Capital City Mall Camp Hill, PA 17011 Date: GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas E. Brenner, Esquire Attorney for Defendant SENDER: i also wish to receive tbsiI · Complete items 1 an~or 2 for addtlo~l ~en4cee. following services (for an . .~h ~/~ fo~m to ~he front of the maUr~ce. (x on the t~( If ~ce doe~ not 1.1-1 Addreseee's Address · ~r~ 'R~'um P,a~ot R~;ua~'m the mal~rY, ece be;ow the ar~e mmber. 2. [] Restricted Delivery 3. Article Addressed to: .~R~eceived By:. (Print I~lame) 6. Sign~lt~e; (A, ddressee or Agent) $ PS Form 3811, December 199~ 4a. Article Number 4b. Service Type [] Registered . ,[~-C~lfled [] Express Mail [] Insured [~l~m Rece~ fe~ [] COD (Only if requested Domestic Return Receipt i SENDER: i Complete item~ 1 an¢Vor 2 fo~ addlfloneJ ~. I al~o wish fo receive the I Complete Ilem~ 3, 4e, and 4~. · ~,~ name am:l addre~ on Ihs revere. ~ th~ f~,m ~ ihat we can naum lhle following sen4ces (for an ~ 3. ~ A~A,~,,d to: aa. Article Number 4b. Sewlce Tybe ffand fe~ ~ patd) ~ ~ Domestic Retum Receipt Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for Plaintiff CHARLES D. WALSH Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA RICHARD GULAN t/a APACHE APPLIANCE INSTALLATION : and SEARS ROEBUCK & COMPANY: Defendants NO. 02-00695 PRAECIPE TO APPEND VERIFICATION Please append the Verification of Plaintiff Charles D. Walsh to the Complaint filed in this matter. Date: GOLDBERG, KATZMAN & SHIPMAN, P.C. BY: ~' Thomas E. Brenner, Esquire Attorney I.D. No. 32085 P.O. Box 1268 Hanisburg, PA 17108-1268 (717) 234-4161 Attorney for Plaintiff Walsh VERIFICATION I, Charles D. Walsh, hereby verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsifications to authorities. CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Richard H. Wix, Esq. Wix, Wenger & Weidner 4705 Duke Street Harrisburg, PA 17109 Sears Roebuck & Co. 3595 Capital City Mall Camp Hill, PA 17011 BY: GOLDBERG, KATZMAN & SHIPMAN, P.C T'~omas E. Brenner, Esquire CHARLES D. WALSH, Plaintiff RICHARD GUIAN t/a APACHE APPLIANCE INSTALLATION and SEARS ROEBUCK & COMPANY IN THE COURT OF COMMON PLEAS OF Cb~BERLAND COUNTY, PENNSYLVANIA 19 2003 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 JUDGES OF SAID COURT: Thomas E. Brenner , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue- 2. The claim of the plaintiff in the action is $ 3,463.50 The counterclaim of the defendant in t!he action is The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: R~chnrd Wix, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ORDER OF COURT foregoing petition, ' ' / Esq., and ~~ ~~f--/ ,Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. P. Jo Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attomev for Plaintiff CHARLES D. WALSH Plaintiff RICHARD GULAN t/a APACHE : APPLIANCE INSTALLATION : and SEARS ROEBUCK & COMPANY: Defendants : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. 02-00695 MOTION TO VACATE THE APPOINTMENT OF ARB1TRAT01~E AND NOW, comes the Plaint/fi, by his attorneys, Goldberg, Katzman, Shipman, P.C. who state: 1. This matter was referred to Arbitration based upon the Praecipe filed by Plaintiff on or about February 28, 2003. 2. A Board of Arbitrators was appointed with Attorney Marcus McKnight, Esquire, appointed as Chairman. 3. Prior to the occurrence of the Arbflration, the Parties reached an out-of- Court settlement. 4. In order to close the docket in this matter, the Prothonotary has requested this filing to vacate the Appointment of the Arbitrators. WHEREFORE, Plaintiffs request that the Court enter an Order vacating the appointment of Arbitrators so the docket in this matter can be marked settled and discontinued. GOLDBERG, KATZMAN & SHIPMAN, P.C. Date: Thomas E. Brenner, Esquire Attorney I.D. No. 32085 P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Plaintiff Walsh 96425.1 2 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by placing a copy in the United States Mail, at Harrisburg, Pennsylvania and addressed as follows: Richard Wix, Esq. Wix, Wenger & Weidner, P.C. 4705 Duke Street Harrisburg, PA 17109 Date: GOLDBERG, KATZMAN & SHIPMAN, P.C. Thomas E. Brenner, Esquire Attorney for Plaintiff 2003 CHARLES D. WALSH Plaintiff RICHARD GULAN t/a APACHE : APPLIANCE INSTALLATION : and SEARS ROEBUCK & COMPANY: Defendants : : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 02-00695  ORDER AND NOW, this~__ day of June, 2003, based upon the Motion of the Plaintiff indicating the case has been seRled, the Order appointing Arbitrators is hereby vacated. Thomas E. Brenner, Esquire GOLDBERG, KATZMAN & SHIPMAN, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 Attorney I.D. No: 32085 Attorney for Plaintiff CHARLES D. WALSH Plaintiff V. : : RICHARD GULAN ifa APACHE APPLIANCE INSTALLATION : and SEARS ROEBUCK & COMPANY: Defendants : : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA NO. 02-00695 PRAECIPE TO DISCONTINUE Please mark this action settled and discontinued. Date: ~¢~/~o3 GOLDBERG, KA. TZMAN & SHIPMAN, P.C. Thomas E. Brenner, Esquire Goldberg, Katzman & Shipman, P.C. P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attorney for Plaintiff Walsh 95568.1 CERTIFICATE OF SERVICE. I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by placing a copy in the United States Mail, at Harrisburg, Pennsylvania and addressed as follows: Richard Wix, Esq. Wix, Wenger & Weiclner, P.C. 4705 Duke Street Harrisburg, PA 17109 GOLDBERG, KATZMAN & SHIPMAN, P.C. BY: Thomas E. Brenner, Esquire Attorney for Plaintiff 2