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Home My WebLink About05-0003 .... STEVEN M. KOWALKOWSKI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. oJ; - -.d C;uL'l~ULYYL FRED RECUPERO, CIVIL ACTION - LAW 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 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 STEVEN M. KOWALKOWSKI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COONTY, PENNSYLVANIA VB. NO. FRED RECUPERO, CIVIL ACTION - LAW Defendant NOTICIA Le han demandado a usted en la corte. Si usted guiere 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 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.O<5"'- -3 C'Ul'L~8<..:rv, CIVIL ACTION - LAW ( STEVEN M. KOWALKOWSKI, Plaintiff FRED RECUPERO, Defendant COMPLAINT AND NOW, comes the Plaintiff, by and through his attorneys, Cleckner and Fearen, and in support of the within Complaint alleges as follows: 1. Plaintiff is Steven M. Kowalkowski, an adult married individual who resides at 358 Thorley Road, New Cumberland (Fairview Township, York County), Pennsylvania. 2. Defendant is Fred Recupero, an adult individual trading and doing business as R&R Automotive Machine Shop, 59 Enola Drive, Enola (East Pennsboro Township, Cumberland County), Pennsylvania 17025. 3. On or about September 27, 2001, Plaintiff entered into a verbal contract with Defendant under which Defendant agreed to perform certain specialized machining work on cylinder heads to the engine of Plaintiff's 1968 Mustang GT Fastback, for a discounted price of $932.90. 4. The cylinder heads, valve springs and valve locks to be used in connection with the work, were delivered by Plaintiff to Defendant on or about September 27, 2001, and full payment in the amount of $932.90 was made by Plaintiff to Defendant on or about October 1, 2001. 5. On or about November 20, 2001, the aforesaid agreement was verbally amended to include the installation by Defendant of hardened seats for consideration of $100.00, which Plaintiff paid to Defendant. 6. Defendant undertook the work, and damaged Plaintiff's cylinder heads. 7. Because of the damage to the heads, Plaintiff incurred repair costs for work performed by Minnich's Garage, Inc., in the amount of $82.68. 8. Also because of said damage, Plaintiff was required to install and remove the heads numerous extra times, at an aggregate labor value of $460.00. 9. The fair market value of Plaintiff's cylinder heads before they were damaged by Defendant was approximately $400.00. 10. As damaged by Defendant, Plaintiff's cylinder heads have no value. 11. The valve springs and valve locks delivered by Plaintiff to Defendant had a fair market value of $70.70 and $12.50 respectively. 12. Despite demand, Defendant has failed and refused to refund to Plaintiff the sum of $1,032.90 heretofore paid by Plaintiff to Defendant, and further refused to return to Plaintiff the items of property, or their value, delivered by Plaintiff to Defendant. 2 13. Defendant did not perform the verbal agreement within a reasonable period of time. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $2,058.78, together with interest, costs of suit and reasonable counsel fees. Respectfully submitted, CLECKNER AND FEAREN duUl~ By: Dennis J. Shatto, Esquire Attorney ID #25675 119 Locust Street P. O. Box 11847 Harrisburg, PA 17108-1847 (717) 238-1731 3 . VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATE: i-2b , 2004 4 A::J f? ~ #- ~ 0 0 ,....., "- J::::. S ,-- c-:) 0 G) ~ ~-;= ""= E:r <:.n "TJ \) '- :r"'Tj ~ :;."'" ~ Z nl- r- , -n fT1 -() ~,~: w ~6 ......~." ~ ..0-".. ~..... ;t:-oo ?= :f1 ~::;' >-,.~ ).~ c;; ::h: ~2o I..D (S'n --z."- ~ U1 j:~ :-,) -.J. --< STEVEN M. KOWALKOWSKI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3 CIVIL TERM FRED RICUPERO, Defendant : CIVIL ACTION - LAW NOTICE TO PLEAD TO: Steven M. Kowalkowski C/o Dennis J. Shatto, Esquire 119 Locust Street P.O. Box 11847 Harrisburg, PA 17108-1847 YOU ARE HEREBY NOTIFIED to plead to the enclosed Preliminary Objections within twenty (20) days from service hereof or a default judgment will be entered against you. Date: \\\4105 By: /}/Ja.~ 11- ~, Attorney 10 58851 Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 STEVEN M. KOWALKOWSKI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANI> COUNTY, PENNSYLVANIA v. NO, 05-3 CIVIL TERM FRED RICUPERO, Defendant CIVIL ACTION - LAW PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Fred Ricupero, who through his attorney, The Law Office of Darrell C. Dethlefs, avers the following Preliminary Objections: I. Plaintiff alleges an action against Defendant based upon breach of a verbal contract; 2. Plaintiff s Complaint fails to conform to Law in that Plaintiff requests the award of reasonable counsel fees in a contract action, which is contrary to law. WHEREFORE, Defendant respectfully request that Plaintiff s complaint be dismissed. Date: \\\410C; ~1 Mi,';;! J.. PykM: ~~ Attorney Id. No,: :58851 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 STEVEN M. KOWALKOWSKI, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERlAND COUNTY. PENNSYLVANIA v. NO. 05-3 CIVIL TERM FRED RlCUPERO, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 14TH day of January, 2005, I hereby certify that I have, on this date, served the within Preliminary Objections to Plaintiff" s Complaint by sendiing a true and correct copy of same to the attorney of record, via first class, United States Mail, postage prepaid, and addressed as follows: Dennis J. Shatto, Esquire 119 Locust Street P.D. Box 11847 Harrisburg, Pennsylvania 17108-1847 Date: , \ \ 4- \ 05 . \ (-- :>_-::~ \.::J Co.:,' - STEVEN M. KOWALKOWSKI, plaintiff : IN THE C01JRT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05-3 FRED RECUPERO, CIVIL ACTION - LAW Defendant PLAINTIFF'S ANSWER ~ro PRELIMINARY OBJECTIO~ 1. Plaintiff's Complaint speaks for itself. 2. This allegation is in the nature of a conclusion of law, to which no response is required. WHEREFORE, Plaintiff requests judgment in his favor in accordance with the Complaint. Respectfully submitted, CLECKNER AND FEAREN );144//4 By: Dennis J. Shatto, Esquire Pll, Attorney ID #25675 119 Locust Street P. O. Box 11847 Ha.rrisburg, PA 17108-1847 (717) 238-1731 () CERTIFICATE OF SERVICE I, DENNIS J. SHATTO, hereby certify that I served a true and correct copy of the foregoing document upon the person(s) indicated below, by depositing same in the United States mail, postage .22.!'day prepaid at Harrisburg, Dauphin County, Pennsylvania, this of ()~ ,2005. Michael J. Pykosh, Esquire Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, PA 17011 CLECKNER AND FEAREN By ~~vUI Dennis J. Shatto, Esquire PA Attorney ID #25675 119 Locust Street P.O. Box 11847 Harrisburg, PA 17108-1847 (717) 238-1731 ~.,"\ --", ~1" ," r"'.) ( 0 - PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: please list the within matter far the next Argunent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) STEVEN M. KOWALKOWSKI, ( Plaintiff) VB. FRED RECUPERO ( Defendant) No. 05-3 Civil L State matter to be argued (Le., plaintiff's rrotion for new tri.a1. defendant's demurrer to canplaint, etc.): Defendant's Preliminary Objections 2. Identify =unsel who will argue case: (a) far plaintiff: Dennis J. Shatto, Esquire Address: 119 Locust St., P.O. Box 11847, Harrisburg, PA 17108-1847 (b) for defendant: Address: Michael J. Pykosh, Esquire Law Office of Darrell C. Dethlefs 2132 Market Street, Camp Hill, PA 17011 3. I will notify all parties in writing within t'NO days that this case has been listed for argunent. 4. Argunent Court Date: March 23, 2005 t"'Ir;:.....o,M. At-f-nTnP'(T rnrplaintiff, fl " .,.. ~~ f"l'1 ): CP V\ ~-t ~ ~ - .., SHERIFF'S RETURN - REGULAR CASE NO: 2005-00003 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KOWALKOWSKI STEVEN M VS RECUPERO FRED JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT &. NOTICE was served upon RECUPERO FRED the DEFENDANT , at 1258:00 HOURS, on the 5th day of January 2005 at R&.R AUTOMOTIVE MACHINE SHOP 59 ENOLA ROAD ENOLA, PA 17025 by handing to FRED RECUPERO a true and attested copy of COMPLAINT &. NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.10 .00 10.00 .00 39.10 .r'>J.tt.::,,~~~ R. Thomas Kline 01/06/2005 CLECKNER &. ~EAREN d /'" ,/ Deputy Sheriff Sworn and Subscribed to before By: me this J'f'5?- day of C)J AofA -:" ') d-ltz).1 A . D . (, ~--,-!2 {kilt, ~ ..Jfih 1 rothonotary l-n / / ~. ., STEVEN M. KOWALKOWSKI, PLAINTIFF IN THE COURT OF COMMON PL AS OF CUMBERLAND COUNTY, PENN YLVANIA V. FRED RECUPERO, DEFENDANT 05-0003 CIVIL TERM IN RE: PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAIN BEFORE BAYLEY, J. ORDER OF COURT AND NOW, this L ~day of March, 2005, the preliminary objecti n of defendant to plaintiff's complaint, IS DISMISSED. , -/ By the s;ourt,~'// ff ~ I' ~ Edgar B. Bayley, J. ') .~nnis J. Shatto, Esquire For Plaintiff .Aichael J. Pykosh, Esquire For Defendant --,\ ---, \ (r\l~~?v . v :J C~ / _~::J "\ 0 ( ~,l) .'J..:' ';} 0..1 / :sal ~ ~ ~, h~~) ~:j2',\ r~r;i~_ l..:i:iLl- "~U.J l...l...:c 1- ~.-\ ......~ c'..J " N )~ - ,. :,:;;: .n ~:S <'-, ---......-."" -~ STEVEN M. KOWALKOWSKI, PLAINTIFF IN THE COURT OF COMMON PL AS OF CUMBERLAND COUNTY, PENN YLVANIA V. FRED RECUPERO, DEFENDANT 05-0003 CIVIL TERM IN RE: PRELIMINARY OBJECTION TO PLAINTIFF'S COMPLAIN BEFORE BAYLEY, J. OPINION AND ORDER OF COURT Bayley, J., March 24, 2005:-- Plaintiff, Steven M. Kowalkowski, filed a complaint against defendant, Recupero. Plaintiff avers that he and defendant entered into a verbal contrac for $932.90, for defendant to perform specialized machining work on cylinder hea 1968 Mustang. Plaintiff delivered the cylinder heads to defendant and paid hi the $932.90. The oral agreement was amended to add the installation of hardene, seats for $100 which plaintiff paid to defendant. Defendant undertook the work and amaged the cylinder heads. Plaintiff seeks damages from defendant in the amount of 2,058.78 "together with interest, costs of suit and reasonable counsel fees." Defendant iled a preliminary objection to plaintiff's complaint averring: Plaintiff's Complaint fails to conform to Law in that Plaintiff requ award of reasonable counsel fees in a contract action, whic contrary to law. WHEREFORE, Defendant respectfully request that Plaintiff's co plaint be dismissed. (Emphasis added.) , 05-0003 CIVIL TERM There can be no recovery for attorney fees absent an express statuto authorization, a clear agreement by the parties, or some other established ex eption. Merlino v. Delaware County, 728 A.2d 949 (Pa. 1999). In Hudock v. Done al Mutual Insurance Company, 438 Pa. 272 (1969), the Supreme Court of Pen sylvania concluded that preliminary objections in the nature of a demurrer are an inap means by which to challenge the legality of damages sought in a complaint. preliminary objection in the nature of the motion to strike off impertinent matte is the appropriate means through which to challenge an erroneous prayer for dama es. , In the case sub judice, defendant has not filed a preliminary objection 0 strike plaintiff's claim for attorney fees. Rather, his objection seeks to have the com laint dismissed (a demurrer). Accordingly, the following order is entered. ORDER OF COURT AND NOW, this day of March, 2005, the preliminary objecti n of defendant to plaintiff's complaint, IS DISMISSED. By the.court,/'X / /-;/ / /' / " Dennis J. Shatto, Esquire For Plaintiff / Michael J. Pykosh, Esquire For Defendant :sal -2- /' STEVEN M. KOWALKOWSKI, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO, 05 - 3 CIVIL TERM CIVIL ACTION - LAW FRED RUCUPERO Defendant TO: Steven M. Kowalkowski cJo Dennis J. Shatto, Esquire 119 Locust Street P.O. Box 11847 Harrisburg, PA 17108 - 1847 ///~/ NOTICE TO PLEAD / ) YOU ARE HEREBY NOTIFIED to plead to the attached Answer with New Matter and Counterclaim within twenty (20) days from service hereof or a default judgment will be entered against you. Date: (-(/11.-/ U ') t- /(7IL~ --~~- - Michael J. Pykos , Esquire 2132 Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975 - 9446 Atty Id. No. 58851 . STEVEN M. KOWALKOWSKI, Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA v. NO. 05 - 3 CIVIL TERM CIVIL ACTION - LAW FRED RUCUPERO Defendant DEFENDANT'S ANSWER WITH NEW MATTER AND COUNTERCLAIM 1. - 3. Admitted. 4. Denied in part and admitted in part. The Defendant denies that the Plaintiff delivered the cylinder heads, valve springs and valve locks on or about September 27. 2001. The Defendant avers to the contrary that the Plaintiff only supplied the cylinder heads. It is admitted that on or about October 1, 2001 that Plaintiff made payment in an amount of $932.90. 5. Admitted. 6. Denied. The Defendant avers to the contrary that any damage to the cylinder heads was a result of a defect in casting or a result of the negligence of a third party other than the answering Defendant. 7. Denied. The Defendant avers to the contrary that any repair costs for work performed to the cylinder heads was a result of a defect in casting or a result of the negligence of a third party other than the answering Defendant. 8. Denied. The Defendant avers to the contrary that any repair costs for work performed to the cylinder heads was a result of a defect in casting or a result of the negligence of a third party other than the answering Defendant. 9. Denied in part and admitted in part. It is admitted that the cylinder heads had a fair market value of $400.00. It is denied that the Defendant damaged the cylinder heads. It is averred to the contrary that any damage to the cylinder heads was a result of a defect in casting or a result of the negligence of a third party other than the answering Defendant. 10. Denied. The Defendant avers to the contrary that any damage to the cylinder heads was a result of a defect in casting or a result of the negligence of a third party other than the answering Defendant. 11. Denied. It is denied that the Plaintiff supplied the valve springs and valve locks to the Defendant. The Defendant avers to the contrary that he supplied all parts except the cylinder heads. 12. Denied. It is denied that the Plaintiff is entitled to a refund by the Defendant. The Defendant avers to the contrary that any damage to the cylinder heads was a result of a defect in casting or a result of the negligence of a third party other than the answering Defendant. 13. Denied. The Defendant avers to the contrary that any delay in performing the agreement was due to the Plaintiff. WHEREFORE, the Defendant demand judgment in his favor and against the Plaintiff. NEW MA TIER 14. The Defendant incorporates by reference hereto his answers to paragraphs 1 through 13 of the Complaint as if more fully set forth herein. 15. Any damage to the cylinder heads was the result of the negligence of the Plaintiff. 16. Any damage to the cylinder heads was a result of the negligence of a third party other than the answering Defendant. 17. Any damage to the cylinder heads was the result of a manufacturing defect. 18. The Plaintiff has failed to mitigate his damages. COUNTERCLAIM 19. The Defendant incorporates by reference hereto his answer with new matter to the complaint as if more fully set forth herein. 20. The Plaintiff has refused to claim the cylinder heads despite repeated requests by the Defendant. 21. The Plaintiff has incurred storage charges of $5.00 per day for the cylinder heads since November 20, 2001 to the present. 22. The Plaintiff requested that the Defendant send the one cylinder head to another shop to be evaluated. 23. The Defendant sent to the cylinder head to the other shop to be evaluated. 24. The Defendant is asking that he be reimbursed for the shipping and handling of the cylinder head in the amount of $25.00. WHEREFORE, the Defendant demands judgment in his favor and against the Plaintiff. /1-tVt,~ Michael J. Pykosh, ~r~ 2132 Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975 - 9446 Attyld, No. 58851 Verification I hereby verify that the statements of fact made in the foregoing Answer are true and correct to the best of my knowledge, information, and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. ~ .' - ~ Fred Ricupero ' CERTIFICATE OF SERVICE I, Brian K. Zellner, do hereby certify that on this /2 ,,i. day of 4,.~' ( ,2005, I did serve a true and correct copy of the foregoing document on all counsel of record by depositing a copy of the same in the United States mail, first class postage prepaid, addressed to: Dennis J. Shatto, Esquire Cleckner and Fearen 119 Locust Street P.O. Box 11847 Harrisburg, PA 17108 - 1847 B~t2r~feSqUire 2132 Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975 - 9446 Atty Id. No. 59262 o c;, .-, c;;.;.J C::.J 4:...M ~~ :;;v 1"-' (~, v) STEVEN M. KOWALKOWSKI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05 - 3 :FRED RECUPERO, CIVIL ACTION - LAW Defendant REPLY TO NEW MATTER AND COUNTERCLAIM NEW MATTER 14. The averments of the Complaints are incorporated herein by reference. 15. Denied. Plaintiff did nothing which could have caused damage to the cylinder heads. 16. Denied. No third party did work on the cylinder heads before they were damaged by Defendant. 17. Denied. The cylinder heads were in good, operating condition before Defendant damaged them. 18. Denied. This is a conclusion of law to which no response is required. COUNTERCLAIM 19. The averments of paragraphs 1 through 13 of the Complaint, and 14 through 18 of Reply to New Matter are incorporated herein by reference. 20. Denied. Defendant has not requested that Plaintiff "claim" the cylinder heads. On the contrary, Plaintiff has on several occasions requested that the cylinder heads be returned to !him, but Defendant has refused to return them. 21. Denied. The averments of paragraph 20 are incorporated herein reference. In any event, Defendant never requested storage charges, and Plaintiff and Defendant never entered into an agreement with respect to storage charges. 22. Denied. It is denied that Plaintiff recommended that Defendant send one cylinder head to another shop for evaluation. On the contrary, Defendant made the recommendation, which Plaintiff accepted. 23. Admitted. The reply to paragraph 22 is incorporated herein by reference. 24. Denied. Defendant I s claim for reimbursement for shipping and handling should be denied. The evaluation was required because of Defendant I s conduct in damaging the cylinder head. In any event, there was no agreement between the parties with respect to payment of shipping and handling charges. WHEREFORE, Plaintiff demands judgment in his favor and against Defendant, as requested in the Complaint. Respectfully submitted, CLECKNER AND FEAREN By: ~~idlj Dennis J. Shatto, Esqui~e PA Attorney ID #25675 119 Locust Street P. O. Box 11847 Harrisburg, PA 17108-1847 (717) 238-1731 Attorney for Plaintiff . VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and Ibelief. I understand that false statements herein are made subject , Ito the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. )1d(~--' STE~N M. KOWALKOWSKI DATE: C4.JrvJ '2 ~ , 2005 . CERTIFICATE OF SERVICE I, DENNIS J. SHATTO, hereby certify that I served a true and correct copy of the foregoing document upon the person (s) indicated l:>elow, by ~repaid at , ;1/ of [ Vl,{ depositing same in the United States mail, postage rJ Harrisburg, Dauphin County, Pennsylvania, this ~ day , 2005. Michael J. Pykosh, Esquire 2132 Market Street P. O. Box 368 Camp Hill, PA 17001-0368 CLECKNER AND FEAREN ~ /i h, BY~ennis J. Shatt ~Esquire PA Attorney ID #25675 119 Locust Street P.O. Box 11847 Harrisburg, PA 17108-1847 (717) 238-1731 .-> c.:::;I c:>') ~1 """"-. -",. C) ;'n ,~, .;;(\~ -r' ~. ~,.; \ {.J\ ~" .- u"'\ 1-=- STEV~ N. KO>JALKOWSKL Plaintiff IN THE COURT OF COMMON PLEAS OF CL~BERLAND COUNTY. PENNSYLVANIA V:$. NO. 05-3 FRED/RECUPERO, Defendant CIVIL ACTION - LAW RUL 1312-1. The Petition for p.ppointment of Arbitrators shall be substantially in he following form; PETITION FOR APPOINTMENT OF ARBITRATORS ro THE HONORABLE, THE JUDGES OF SAID COURT: Dennis J. Shatto . counsel for the plaintiff/defendant in i the above 1. 2. action (or actions), respectfully represents that: The above-captioned action (or actions) is (are) at issue. The claim of the plaintiff in the action is $ 2,058.78 The counterclaim of the defendant in the action is $6,400.00 (approx. ) The following attorneys are interested in the case(s) as counselor are other- wise disqualified to sit as arbitrators: Dennis J. Shatto, Michael J. Pykosh or Brian K. Zellner WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Re~y DENNIS J. SHA1~ ' ORDER OF COURT AND NOW, , 19 , in consideration of the foregoing petition, Esq. , Esq., and ,Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. By the Court, P. J. -{Q. A I n C1 1'-../ ~ . \I:- ':t. () () - --Cl V ~ \) p;:: Q ~, t: in I:- "---2 ~ r') w r;,:, C) c;:n STEVEN M. KOIIAl.KCMSKI, Plaintiff IN THE COURT OF COMMON Pl.EAS OF CL~BERLAND COUNTY, PENNSYLVANIA VB. ).10. 05-3 FRED RECUPERO, Defendant CIVIL ACTION - LAW 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: Dennis J. Shatto , counsel for the plaintiff/defendant in the above l. 2. action (or actions), respectfully represents that: The above-captioned action (or actions) is (are) at issue. The claim of the plaintiff in the action is $ 2058.78 The counterclaim of the defendant in the action is $6,400.00 (approx. ) The following attorneys are interested in wise disqualified to sit as arbitrators: the case(s) as counselor are other- Dennis J. Shatto, Michael J. Pykosh or Brian K. Zellner WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. ORDER OF COURT .J1~k.. ' lYvO< foregoing petition, r ~J.d, itJcl ~ ()H!~ /l~~~ ,Esq., are ~-' I' 1/ above-captioned action (or actions) as prayed for. AND NOW, in consideration of the Esq., and Esq., O,~ k/J:,. ,~<"X-U appointed arbitrators in the By the Cou t, P. J. o - S? \'.-1 '5. .- ts f \ ,[,) "-, ~~ ".... .- '- :~-: ~:;:: ~~ 'b <--' ~ - y '~-::2" ~ .J:. Q In ~ '.1 D ~ -i,Q. (:) t; 7'\t. ~ \) \) ~ ~E .~ ....tJ ~ ...." Q c;;;:) _., c:::;, c,..;-t ::'-": <.oJ =-.::~ - C;/-z..U2:N K0J4L.t<O w::;I::::, Plaintiff In The Court of Common Pleas of Cumberland County, Pennsylvania No. rf' ;;-- 0''.13 ;;e d ;( R U 'f7-t'vO . If 1<,1 ~.<"' ;(U."-"IJL>'-'" Defendant Civil Action - Law. Oath We do solemnly swear (or affinn) that we will support, obey and defend the Constitution of the 'ted States anjthe Constitution of this Commonwealth and that we will discharge the duties of 0 ffice With~; lty. / ~7 -- 7""-:- ~ L . - -z-~,p~.~o /~atur " srgnature r Si ~x\ \;.....l\enl"c;J- ::;rr;i~ ;.J !1;tJU(s'5 7t ~ ,'s-/-t;M---. Name (Chairman) Name Name ~CJI~ l \;J/1\\ZQ..; S~~ ~ ()~ 0 f /ttj:AHO Law Firm Law Firm 2'Z. 3" N t::~-L s,{ 3 f t5!!t!.tWtJ Sf ,..Jci.resg l--\0~ (~ -Ii 17 30,{." I ~~~ ~&.-' 51"t€/c..Lf:'(.5 1<,.1 Law Firm ' Address L]i~.g{l..d I).if Address ~ \ Ill;;:' Zip ~!UlfJ- /X/I/ City, Zip t:J u..J C.J "..),:> {'A 'lcl-o ity, Zip d /:2&7;( Award We, the lL'ldersigned arbitrators, having been duly appointed and sworn (or affmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) i-/fi'A)nFF F 0 Qrl.,)) Cd ~.f.e yet a ,~ . i)rbitrator, dissents, (Insert name if applicable.) L~ " //' -- ~ -+ (Chairman) ;;2~z..---"""", - ) N'ti'''';'; :;:. . Now, the ;)'7!~ day of /i/Ov<,J;ir ,20Crs- , at 3( &, ,F .M" the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys, Date of Hearing: 11- '2 2-0" Date of Award: /1 '22- -oF /) 12/1, 00 Arbitrators' compensation to be paid upon appeal: $ I1.LY By: Deputy Prothonotary ~- '~.;> 'v 1.- "-") h ":'-~." ~ ~ " c:S ~ p-! _.1:: 01 1,:..) \- ~ ~ '" '>. -os: ',.) r~": , -:3 ~ ~,'\ ':\ T- ."----... ~, ~~ " ':><...... cr p ,....-\ -'c' " .:::I-~ v 0' -::::> -~ ~, v "'" S- O'> ~ .~ L\ \../) ..",..- J '. -~ <-'. , ~'1l,\ \0 ....'-"._~.' .------ -