HomeMy WebLinkAbout05-4156
COMMONf-'EALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. dCK:ti - 'i IS''' ("~, /
~3">I- If. ~uc)r-
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.
NOTICE OF APPEAL
NAME OF APPELlANT
Victor C. Gromack
MAG. DIST. NO.
09-3-03
NAME OF D.J.
Susan K. Dey
STATE
Pe.
lIP CODE
17013
ADDRESS OF APPELLANT
35 Derbyehire Drive
DATE OF JUDGMENT
July 25, 2005
DOCKET No.
CITY
Carlisle
IN THE CASE OF (Plaintiff)
Victor Gromeck
"
SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT
(Defendantr
Brian Richardson
CV-0000138-05
This block will be signed ONLY when this notation is required under Pa. in action
R.C.P.D.J. No. 10088.
This Notice of Appeal, when receJved by the District Justice, will operate as a . before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after filing the NOTiCE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(ThiS section of form to be used ONL Y when appeliant 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 appeliee.
PRAECIPE: To Prothonotary
Enter rule upon
appellee(s). to file a complaint in this appeal
Name of appel/ee(s)
(Common Pleas No.
) within twenty (20) days after service ot ruie or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To
, appellee(s)
Name of appel/ee(s)
(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 lime, 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 JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURl FILE TO BE FILED WITH PROTHONOTARY
,
.,- 'l
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FilE COMPLAINT
(This prool 01 service MUST BE FILED WITHIN TEN (10) DA YS AFTER 1iJjng of the notice ot appeal. Check applicable boxos.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
; 55
AFFIDAVIT:
I hereby (swear) (affirm) that I served
o
(dale of service)
,20
, upon the District Justice designated tt\orein on
a copy of the Notice of Appeal, Common Pleas No.
o by personal service 0 by (certified) (registered) mail,
sender's receipt attached hereto, and upon Ihe appellee. (name)
, 20 0 by personal service
sender's receipt attached hereto.
o by (eertilled) (registered) mail,
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF 20
Signature of official before whom affidavit was maoo
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AOPC 312A. 02
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COMMONWEALTH OF PENNSYLVANIA
COU~Y OF: CUllB1l!VT.lI>wm
NOTICE OF JUDGMENTITRANSCRIPT
CIVIL CASE
09-3-03
PLAINTIFF:
~, VICTOR,
35 DDJlYSBJ:1lB DR.
CARLJ:SLB, PA 17013
L
NAME and ADDRESS
I
tvl.a(j 0,:-;1 No
MDJ Name: Hon
Address
SUSAlf It. DAY
229 KJ:LL ST, BOX 167
lIT. BOLLY SPRDlGS, PA
..J
VS.
T.,.phon, (717) 486-7672
17065
DEFENDANT: NAME and ADDRESS
fiXt'RII>VnSOR,BRJ:AJI, B'1" AL.
922 BALTDlOIlB PJ:D
GAllJ)IIDS, PA 17324
L
Docket No.: CV-0000138-05
Date Filed: 5/201/05
I
GROIlAClt, VICTOR
35 DDJlYSBJ:1lB DR
CARLJ:SLB, PA 17013
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THIS IS TO NOTIFY YOU THAT:
Judgment:
[iJ Judgment was entered for: (Name)
[iJ Judgment was entered against: (Name)
1'011. PT.II> T1I'I'IPI'
aDnva.t'!R'
VTPPnV
.
'RT....>>.'DnAn.,'R.ya.
in the amount 01 $
32 100 on:
(Date of Judgment)
7/25/05
o Defendants are jointly and severally liable.
o Damages will be assessed on:
o This case dismissed without prejudice.
(Date & Time)
O Amount of Judgment Subject to
Attachment/42 Pa.C.S. S 8127 $
o Portion 01 Judgment for physical
damages arising out of residential
lease $
Amount of Judgment $ 32.60
Judgment Costs $ .00
Interest on Judgment $ .00
Attomey Fees $ .00
Total $ 32.60
Post Judgment Credits $
Post Judgment Costs $
---------
----------
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY RLlNG A NOTICE
OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENT1TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUOGEMENT HOLOER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUOGMENT IS ENTEREO 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.
J. Z5-05 Date
. Magisterial District Judge
I certify that this is a true
Date
proceedings containing the judgment.
, Magisterial District Judge
My commission expires first Monday of January, 2010
SEAL
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CERTIFIED MAIL.. RECEIPT
(Domestic Mall Only; No Insurance Coverage Provided)
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(Endorsement Required)
o Restricted Delivery Fee
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TotaJ Postage & Fees
$0,00
$ $0..2
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l.E TO FIl.E COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing offhe notice of appeal. Check applicable boxes.)
~~~~~N:EALt~;h~;/~~ld ; ss
AFFIDAVIT, I hereby (swear) (affirm) that I served
C.V-f)()OOI3t-OS
a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on
(date of service) fiilgu~tl S- ,2005, liit by personal service 0 by (certified) (regislered) mail,
sender's receipt attached hereto, and upon the appellee, (name) 1),./tin J(IU)flCdsv I) . on
AUBtlst 15 . 20Q?~ 0 by personal service ..8 by (certified) (registered) mail,
sender's receipl attached herelo.
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(SWORN,l.4\. FFIRMED) AND
THIS \'1S
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My commission expires on
,20
~;l\FIIAl SEAl
Bolo DAPaE A ~IEIL, No!IIry PublIC
Of CattIeIe, CIIlnberIai1d Ccuny
MyCan..' 11ft I,.,.. Nov. 24, 200S
AOPC 312A - 02
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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
dCXY, -' '115f., c, .. i
Au~" ,!
J
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 relerenced below.
COMMON PLEAS No.
NOTICE OF APPEAL
-.
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NAME OF APPELLANT
Victlhr C. Gromack
MAG. aIST, NO.
09.-3-03
NAME OF D.J.
Susan K. Day
STATE
PH.
CODE
1.7013
ADDRESS OF APPELLANT
35 Derbyshi.re
OATE OF JUOGMENT
Jul 25, 200.5
OOCKET No.
DrIve
CITY
Car lisle-
IN THE CASE OF (Plaintiff)
Victor Gromack
IDslendant)'
vsHrian Riclwrctson
SIGNATURE OF APPELlANT OR ATTORNEY OR AGENT
CV-0000138-0S
This block will be signed ONLY when this notation is required under Pa. 1001(6) in action
R.C.P.D.J. No. 10086.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
Signature of Prothonotal)' or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to ba used ONLY when appellanl was DEFENDANT (see Pa.R.C.P.D.J. ,No. 1001(7) in aclion before District Justice. IF
NOT USED. detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
appellee(s), to file a complaint in this appeal
Name of appe//ee(s)
(Common Pleas No.
) within twenty (20) days after service 01 rule or suffer entry 01 judgment 01 non pros.
"
Signature of app8(fant or attorney or agent
RULE: To
, appellee(s)
Name of appel/ee(s)
(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 01 service
of this rule upon you by personal service or by certified or registered mail.
(2) II 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 Daputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COUIl't '.1.1
IN THE CQIURT OF COMMON PLBAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Victor Grornack
NO. ClVn.
Docket # CV-0000138-05
19
VS
Common Pl,eas # 2005":4156 Civil - August 15, 05
Brian Richardson
RULE 131:t-l.
The Petition for Appointmenl of Arbitnllora shall be a_<lally in the following form:
PE'I1T10N 1'ORAPPOINTMENT OF ARBn'RATORS
TO THE HONORABLE, THE JUDGES OF SAID CO\Jlrr.
Victor Gr:ornack (plaintiff) . counsel for the plaintifflckfendanl in theabovc action (Of actions),
respectfully rqnseats tbat:
I. The ~oned action (or actiona) is.(BJe) at issue.
2. The claim of the plaintiff in the action is $ 7. 298 . 55
The COIIIIlOIdaim of the _ in the action is none
--"- -- -
The following BllOnIOyI BJe interested in the case(a) IS counsel or BJe otherwise disqualified to ail as ubiu.tors: _
none
WHIlREFORE, your petitioner prays your Honorable Court 10 appoinllbree (3) ubilrBlora to whom the case shall be
submitted.
Resp<ctfUlly submilled,
ORDER OF COURT
AND NOW,
folqloing petition,
Esq., and
actions) IS prayed for.
. 19~ in c:onaideration of the
Esq.,
. Esq., BJe appointed arbitnllora in the above captioned setion (01
By lb. Court,
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Commonwealth of Pennsylvania, Court of Common Pleas of Cumberland County
Docket # CV-0000138-05
Notice of Appeal from District Justice Judgment Common Pleas # 2005-4156
civil - August 15, 2005
Victor Gromack
VS
Brian Richardson
Complaint
1. Victor Gromack
35 Derbyshire Drive
Carlisle, Pa. 17013
2. Brian Richardson
922 Baltimore Pike
Gardners, Pa. 17324
3. On August 25, 2004, Brian Richardson damaged the vinyl siding on my
home. Mr. Richardson then wrote his name and address on a piece of an
envelope and also stated he broke my vinyl siding and initialed that
statement. He also wrote the date alongside his name and statement.
Please look at the copy below listed as - Envelope
On September 72004, I, Victor Gromack sent Mr. Richardson a letter with
an estimate from a handyman to repair the vinyl siding. Please look at
the copy below listed as - Handyman 1 & 2
On September 12, 2004, Mr. Richardson sent me, Victor Gromack a letter
where in the letter he stated that he is responsible for repairing the
damage to the vinyl siding. Mr. Richardson also states that he will not
accept the estimate from the repair man and is asking for the repair to be
done by a reputable contractor. It was also stated that by Mr. Richardson
that he would be happy to pay. Please look at the copy below listed as-
Mr. Richardson 1 & 2
On September 28, 2004, I, Victor Gromack sent Mr. Richardson a letter
with the estimate from a reputable contractor, thE! same contractor that
built my home. Please look at the copy below Iis,ted as - Contractor
With the delays since September 2004 when Mr, Richardson ask for a
reputable contractors estimate, the costs to repatir the damaged to my
home has risen. I, Victor Gromack have attached an updated estimate to
repair the damage, this estimate is dated September 2, 2005. The
contractor has also provided in the document that he has never been
contacted by Mr. Richardson or anyone asking about the estimate of
September 20, 2004. The within the estimate the contractor has also
stated that he was the contractor that built my hlome. Please look at the
copy below listed as - Up Dated Estimate
Mr. Richardson has never given his approval of the reputable contractors
estimate so that I, Victor Gromack can proceed with repairing the damage
to my home which he has taken responsibility for and has stated that he
will pay for the repairs.
I, Victor Gromack am asking for triple damages.
1. Costto repair the damage - $1.170.00
2. Court fees - $162.85
3. Phone costs, Office Equipment Time, Stationary, Travel,
Consultation, Postage fees - $100.0q
4. My time . $1000.00
Total - $2.432.85
Damaaes Beina Ask For - $2.43:2:.85 X 3 = $7,298.55
<~-~-~S'
Date
:?
Victor C. Gromack
35 DElrbyshire Drive
Carlisle, Pa. 17013
71H160-9027
Envelo e
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September 7, 2004
To:
Brian Richardson
922 Baltimore Pil<e
Gardne~. Pa. 17324
Hello Mr. Richardson,
How are you today?
If you recall, back on August 25, 2004 at approximately 6:30pm, while you and a
friend of you~ _re playing golf at the Mayapple Golf Unk's you hit a golf ball from
the 12" tee which struck my home, The golf ball damaged one piece of the vinyl
siding, which is pictured beloW. The damaged area to the vinyl siding is 2 inch's
long hole,
I had a repair man provide me with an estimate to replace the piece of damaged
vinyl siding.
1. 1 _ piece of 12 fl x g in. while, double Dutch lap vinyl siding - $20.00
2. Fastener's _ 5.00
3. 1 hour of labor _ 50.00
Total - $75.00
Handyman-2
As you may recall, you provided me with your name and address which is pictured
below.
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The amount to repair the damaged vinyl siding is ~;75.00. you can send a check or
money order for the repair to my address fisted below.
Thank you.
Voctor Gromack
35 Derbyshire Drive
Carlis~,Pa. 17013-9260
1. taR - 5-10
2. build - average
3. hair - short, dart< with gray
4. navy shirt, dart< blue short panls to the knee
5. silver dodge ram pickup truck
cart 118
1. tall- 5-8
2. build - average
Mr. Richardson-1
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'ep8ir to vinyl siding at your home. After
1InCe carrier, I have learned that am indeed
ling but I am only obligated to pay you after you
onttactor (with whom I can verify) that the repair
Ie you received from your repair man, but you
re that the repalr i. comnleted before I issue any
ntation is submitted to me that the repair is
finished and I verify that the work was done, I will be '1I8ppy to send you payment.
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Mr. Richardson-2
/Ioptember 12, 2004
Mr. Victor Gronuu:k
35 Derbyshire Drive
Carlisle, PA 17013-9260
Dear Mr. (lroInaok:
I am in receipt of your estimate for the repair to vinyl ~;iding at your home. After
consultalion with my homeowners insunmce carrier, I bave learned that om indeed
responsible for the repair to the vinyl siding but I am only oblisated to pay you after you
bave produced Il!lll!fftom . reputable contnu;tor (with whom I can verify) that the repair
was comoleted. I oppreciate the estimate you received ftom your repair man, but you
must also appreciate that ] want to ensure that the repair is rnmnlfl!tM before I issue any
paymenL Once the _priate documentation is submitted to me that the repair is
finished aod I verify that the work was done, I will be happy to send you payment.
/,?---
Contractor-1
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September 28, 2004
To:
Brian Richardson
922 BaJIImore Pike
Gardners. Pa. 17324
Hello Mr. Richardson,
How are you today ?
In my _r 10 you dated Sep\ember 7. 2004(see enclosed copy I/.2a and #2b}, was for
a handyman 10 JepIace the 1 piece of damaged vinyl siding on my home _ was
damaged by a golf ball_ _ hi by you, _ playing golf on August 25. 2004 at
the Mayappla Golf Links. In your lall\!r to me _, Sep\Bmbar 12. 2004( see
enclosed copy #1}. you rejected the repeir _1hat I had provided \0 you for the
repair of the damaged vinyl siding on my home. for ~ha reason that you and your
insurance company wanted a certified repairman and verification that the repair was
completed.
I did contact my insurance company on what the proper procedure is for an incident
like this. They indicated _ yes, I do need to have a repulable conbaelor do the
repair's to my home and then have those repai~s inspeeIed by an insurance inspe<:Ior
and for me to indieale that I aeeeplthe finished _. They also informed me on
insurance industry Slandard's regarding damage to ,property and on how the repai(s
10 the ~ property an> 10 be done. Willi this information, I had the contractor
_ buill my home provide me with an estinate 10 n"",ir the damage 10 my home. so
thetthe repair's will meet insurance industry standard's.
The estinate is for $804.00, (see enelosed copy lV3). If you or your insurance
company have any question's regarding this estimate 10 property repair the damage 10
my home, the contractor wilt be _ to an_ any of those question's. The contact
information for the conbaelor is on the top of eslimaIe(see enelosed OOpy lV3}.
If you would have your insUl'ance company COntael me at their earliest convenience
within the next 10 business day's with the insura"",. intormation needed for me \0
arrange wiIh the contractor to have the repair's to my home started and compIated
property and in a limety fashion. 1 would like to n",,1ve this as soon as possible.
Thank you,
\'oe\or Gromaek
205 Derbyshire Drive
Gartisle. Pa. 17013-9260
Contractor-2
f
September 20, 2004
VlCIor Gromacl<
35 Derb)/Shire Drive
Carlisle, PA 17013
243-3890
Michael Ludt
Construction LLC
139 Bonnybrook Road
Cartl8le, PA 1701:)
249-7796
Fax 249-4415
Description of Work:
Remove old Siding from 54' of back of house damaged by golf ball. The siding
on house is not available. Install new siding and J channel 10 match style on
house (color white)
Material and labor
Payment
When job is finished.
Acoeptanoe Signature
?#r/l'7/I;I~
Conlractor Signature
$804.00
Date
J:: Ie) '(
. Up Dated Estimate
Mic:hael Ludt
Construc:tion LLC
139 Bonnybrook Road
Carlisle, PA 17013
249-7796
Fax 249-4415
September 2. 2005
Victor Gromack
35 Dert>yshire Drive
Carlisle, PA 17013
243-3890
Description of WorI<:
Remove old siding from 54' of back of house damaged by golf ball. Install new
Georgia-Pacific siding and J channel to match style on house (color white).
I was the contractor of this home when it was bulK on 35 Dert>yshire Drive. The
original siding is no longer available, however, Georgia-PacifIC is the closest
match.
This job was quoted in September 2004. At no time have I been contracted
concerning this situation. I am available to answer any questions or concerns.
Material
Labor
Disposal old siding
$ 560.00
$ 560.00
$ 50.00
$1.170.00
Total
Payment:
When job is finished.
Acceptance Signature
Date
yn.rj"J/J-)f-
/Contractor Si nature
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Certificate of Service
Commonwealth of Pennsylvania, Court of Common Pleas of Cumberland County
Notice of Appeal from District Justice Judgment Common Pleas # 2005-4156
civil - August 15, 2005
Docket # CV-00OO138-05
This is to certify that Brian Richardson of 922 Baltimore Pike, Gardners, Pa.,
17324 was server with the complaint by certified mail.
Date of service - September 2, 2005
I certify this with my signature,
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Date-.9 - ;:)-06
Notary name'lli~~i-e ~A . tJit I
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U.S. Postal Service
CERTIFIED MAil. RECEIPT
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CARLISLE MPO
CARLISLE, Pennsylvania
170132935
4134870013-0096
09/02/2005 (800)275-8777 01:49:37 PM
~a1e$ Receipt
Product Sale Unit Final
Description Qty Price Price
GARDNERS PA 17324 $0.83
First-Class
Return Receipt (Green Card) $1.75
CertifIed $2.30
Label Serial #: 70041350000372890098
COMMONWEALlll F A
NOTARIAL SEAL
\ DARCIE A, NEIL, Note.ry Public
, Born of Ca~isle, Cumberland County
My Gommi!l8!on ExpinlS Nov. 24, 2005
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Change Due:
$4.88
C&rtlfJad Fee
$10.00
-$5.12
Hi" #: 1000402033210
Clerk: 09
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IN TIlE COU\IT OF COMMON PLEAS OF
CUMBERLAND COUN1Y, PENNSYLVANIA
Victor Gromack
NO. CIVIL
Docket # CV-0000138-05
19
VS
Common Pleas # 2005~4156 Civil - August 15, 05
Brian Richardson
RULE 131:t..l.
The Petition for Appointment of Arbitralors sball be subslantially in the following fonn:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO TIlE HONORABLE, TIlE JUDGES OF SAID COUlU:
Victor Gr:omack (plaintiff) . counsel for the plaintifflclcfcndanl in the above action (or actions),
respectfully rcpresenlS tbat:
I. The abovc-captioncd action (or actions) is.(....) at issue.
2. The claim of the plaintiff in the action is $ 7, 298 .. 55
The COUIIla1:Iaim of the clcfcodant in the action is none
.. -
The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as ubitrators: -
none
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitralon to whom the case shall be
submitted.
Respcctf\1l1y submilled,
AND NOW' A
,
foregoing petition,
Esq., and
actions) as
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'\11~ COI1Bidcntion of the k
.. Esq.",h"h/'~;~
Esq., .... appointed arbitralors in the above captioned action (01
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Johnson. Duffie, Stewart & Weidner
By: Wade D. Manley
1.0. No. 87244
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
wdm@jdsw.com
Attorneys for Defendant Brian Richardson
Plaintiff
IN THE COURT OF COMMON
PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2005-4156
DISTRICT JUSTICE APPEAL
VICTOR GROMACK,
v.
BRIAN RICHARDSON,
Defendant
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next: Argument Court
*~***********************************************************************************************
CAPTION OF CASE
(entire caption must be stated in full)
VICTOR GROMACK,
(Plaintiff}
vs.
BRIAN RICHARDSON,
(Defendant)
No. 2005-4165 Civil
1. State matter to be argued (i.e., Plaintiff's motion for new trial, Defendant's
demurrer to complaint, etc.):
Defendant's Preliminary Objections to the Plaintiff's Complaint.
2. Identify counsel who will argue case:
a)
For Plaintiff:
Address:
Victor Gromak, pro se
35 Derbyshire Drive, Carlisle, PA 17013
b)
For Defendant:
Address:
Wade D. Manley, Esquire
301 Market Street, lemoyne, PA 17043
3.
argument.
I will noti'y all parties in writing within two days that this case has been listed for
4.
Argument Court Date: October 20, 2005
Call of Argument list Date: September 15, 2005
Dated:~
ichardson
:258562
22740-1931
CERTlFICA TE OF SERVICE
AND NOW, this J3!2::day of September, 2005, the undersigned does hereby certify
that she did this date serve a copy of the foregoing document upon the other parties of record
by causing same to be deposited in the United States Mail, first class postage prepaid, at
Lemoyne, Pennsylvania, addressed as follows:
Victor Gromak
35 Derbyshire Drive
Carlisle, PA 17013
JOHNSON, DUFFIE, STEWART & WEIDNER
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By: ( ~,lIpPA, 1, ~~
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Johnson, Duffie, Stewart & Weidner
By: Wade D. Manley, Esquire
I.D. No. 87244
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
Attorneys for Defendants
Plaintiff
IN THE COURT OF COMMON
PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2005-4156
DISTRICT JUSTICE APPEAL
VICTOR GROMACK,
v.
BRIAN RICHARDSON,
Defendant
DEFENDANT'S PRELIMINARY OBJECTIONS TO
PLAINTIFF'S COMPLAINT
AND NOW, comes the Defendant, Brian Richardson, by and through his counsel,
Johnson, Duffie, Stewart & Weidner, and files these Preliminary Objections to the Plaintiff's
Complaint by respectfully stating the following:
1. This matter was commenced in this Court via a Notice of District Justice
Judgment on or about August 15, 2005
2. The Plaintiff, Victor Gromack, has filed a timely Complaint which is the subject of
the instant Preliminary Objections.
3. The Plaintiff's Complaint, which is attached hereto and incorporated herein by
reference as Exhibit A, was filed pro-se.
4. The Complaint does not contain a Notice to Defend.
5. The Plaintiff alleges that "on August 25, 2004, Brian Richardson damaged the
vinyl siding on my home." See Exhibit A.
6. The Plaintiff does not allege any facts as to how the Defendant allegedly
damaged the vinyl siding of his home.
7. The Plaintiff does not list the allegations in his Complaint in individually-
numbered paragraphs.
8. The Plaintiff alleges a sum certain in his request for damages.
9. The Plaintiffs Complaint does not contain a Verification.
10. Pennsylvania Rule of Civil Procedure 1028(b) requires that all Preliminary
Objections to a pleading shall be raised at one time.
11. Pennsylvania Rule of Civil Procedure 1028(a)(2) states, "Preliminary Objections
may be filed by any party to any pleading and are limited to the following grounds: failure of a
pleading to conform to law or rule of court or inclusion of scandalous or impertinent matter."
Pa.R.C.P.1028(a)(2).
12. The Plaintiffs Complaint violates multiple rules 0' civil procedure including:
a) failure to attach a Notice to Defend;
b) failure to plead facts of time and place with specificity;
c) failure to provide sufficient factual specificity in the Complaint;
d) failure to allege facts in individually-numbered paragraphs;
e) failure to demand for a specific amount of non-liquidated damages; and
f) failure to attach a verification to a Complaint.
13. It is respectfully submitted that the Plaintiff's Complaint is so procedurally
defective that it should be stricken with prejudice.
14. Pennsylvania Rule of Civil Procedure 1028(a)(3) states, "Preliminary Objections
may be filed by any party to any pleading and are limited to the following grounds: insufficient
specificity of a pleading." Pa.R.C.P. 1028(a)(3).
15. Plaintiff's Complaint contains no facts as to how, when or even where the alleged
incident occurred. On its face. the Plaintiffs Complaint fails to demonstrate sufficient specificity
and it is therefore respectfully requested that the Plaintiffs Complaint be stricken with prejudice.
Alternatively, it is respectfully requested that the Plaintiff be required to file a more specific
pleading.
16. Pennsylvania Rule of Civil Procedure 1028(a)(4) states, "Preliminary Objections
may be filed by any party to any pleading and are limited to the following grounds: legal
insufficiency 0' a pleading (demurrer)." Pa.R.C.P. 1028(a)(4).
17. The Plaintiff alleges no facts which demonstrate negligence on the part of the
Defendant and there'ore it is respectfully requested that this Honorable Court enter a demurrer
to the Plaintiff's Complaint.
WHEREFORE, the Defendant respectfully requests that this Honorable Court strike the
Plaintiffs Complaint with prejudice, enter a demurrer, or in the alternative require the Plaintiff to
file a more specific pleading.
Respectfully submitted,
JOHNS N, DUFFIE, ST WART & WEIDNER
M-.'7:>.
Wade D. M nle ,E uire
Attorney I. . No. 872 4
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Email: wdm@jdsw.com
Attorneys for Defendants
By:
Date: :J.fi !;(& f
csj:258413
22740-1931
CERTtFICA TE OF SERVICE
AND NOW, this JJ!2day of September, 2005, the undersigned does hereby certi'y
that she did this date serve a copy of the foregoing document upon the other parties of record
by causing same to be deposited in the United States Mail, first class postage prepaid, at
Lemoyne, Pennsylvania, addressed as follows:
Victor Gromack
35 Derbyshire Drive
Carlisle, PA 17013
:HN;r(j("E~RT & WEIDNER
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Anthony T. McBeth, Esquire
1.0. #53729
407 North Front Street
Harrisburg, PA 17101
(717) 238-3686
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VICTOR GROMACK.
Plaintiff
v.
CIVIL ACTION - LAW
BRIAN RICHARDSON,
Defendant
NO. 2005-4156 CIVIL TERM
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 an attorney
and filing in writing with the court your defenses or objections to the claims set forth
against you. You are warned that if you fail to do so, the case may proceed without you
and a judgment may be entered against you by the court without further notice for any
money claimed in the complaint or for any other claim or relief requested by the Plaintiff.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR 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
32 South Bedford Street
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 veinte (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
objeciones alas medidas y pueda entrar una orden contra usted sin previa 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 DEMANDAA UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
AGOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO.
VAYA EN PERSONA OR LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITAABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
800-990-9108
Anthony T. McBeth, Esquire
I.D. #53729
407 North Front Street
Harrisburg, PA 17101
(717) 238-3686
Attorney for Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VICTOR GROMACK,
Plaintiff
BRIAN RICHARDSON,
Defendant
NO. 2005-4156 CIVIL TERM
FIRST AMENDED COMPLAINT
1. Plaintiff is Victor Gromack, an adult individual, residing at 35 Derbyshire Drive,
South Middleton Township (Carlisle), Cumberland County, Pennsylvania.
2. Defendant is Brian Richardson, an adult individual, residing at 922 Baltimore
Pike, Gardeners, Adams County, Pennsylvania.
3. Plaintiff's home sits in a row of several homes that abut one of the fairways of the
Mayapple Golf Links Golf Course located in South Middleton Township, Cumberland
County, Pennsylvania.
4. On or about August 25, 2004, Defendant was a patron of Mayapple, playing a round
of golf, when Defendant hit an errant golf shot.
5. As a direct result of Defendant's errant golf shot, the golf ball that Defendant hit
made contact with Plaintiff's house on the fly, damaging the siding of Plaintiff's house.
6. Defendant, at all times material to this case, owed a duty to direct his golf ball in
such a manner that it did not injure persons or property.
7. Defendant breached the duty described in the previous paragraph by making a shot
that was well out of bounds for the golf course and causing contact between the golf ball
and the siding of Plaintiffs house.
8. Plaintiff has been momentarily damaged as a direct result of the Defendant's
conduct in that Plaintiff will incur a financial obligation to repair the siding of his house, and
Plaintiff should be compensated for such damage.
WHEREFORE, Plaintiff requests this Honorable Court to enter judgment in his favor
and against Defendant for an amount under the compulsory arbitration limit for Cumberland
County; Plaintiff also requests this Court to award him interest, the costs of this action and
any other relief the Court deems appropriate.
nthony T. Mc eth, sq.
Attorney for PI i iff
407 North Fro t 1., First Floor
Harrisburg, PA 17101
(717) 238-3686
Supreme Court 1.0. # 53729
2
VERIFICATION
I, Anthony T. McBeth, am attorney for the Plaintiff in the captioned action. I am
verifying the attached document for the Plaintiff in that he is outside the jurisdiction of this
Court and his verification cannot be obtained by the time this Amended Complaint needs
to be filed. I verify that the facts set forth in the attached document are true and correct to
the best of my knowledge, information and belief. I so state subject to the penalties of 18
Pa.C.S. S 4904 (relating to unsworn falsification to authorities).
~UD14I~
ae
VICTOR GROMACK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. CIVIL ACTION - LAW
BRIAN RICHARDSON, : NO. 2005-4156 CIVIL TERM
Defendant
CERTIFICATE OF SERVICE
I, Anthony T. McBeth, Attorney for Plaintiffs, hereby certify that I have served the
attached document by placing same in the United States mail, first class, postage pre-paid
addressed as follows:
Wade D. Manley, Esquire
Johnson, Duffie Stewart & Weidner
Attorneys for Defendant
P.O. Box 109
Lemoyne, PA 17043- 109
~til'}8Q)/
ate
nthony T. McB ,Esq.
Attorney for Pia' ti
407 North Front First Floor
Harrisburg, PA 17101
(717) 238-3686
Supreme Court 1.0. # 53729
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TONY A L. HIPPENSTEEL,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
RICKEY E. HIPPENSTEEL, JR.,
Defendant
04-6507 CIVIL
IN RE: PETITION FOR SPECIAL RELIEF
ORDER
AND NOW, this Z. 'i ~ day of September, 2005, after hearing, it is ordered and
directed that:
1. The plaintiff, Tonya L. Hippensteel, is enjoined from removing any items of
property from the residence of the defendant, Rickey E. Hippensteel, Jr., and from entering
upon the same except for purposes having to do with child custody.
2. The plaintiff is directed to return to the defendant the dog known as Tucker.
3. The defendant is ordered and directed to return to the plaintiff her personal jewelry
and any items of her clothing in his possession.
BY THE COURT,
Aaron Jones, Esquire t
For the Plaintiff
Douglas G. Miller, Esquire i ~ .~
For the Defendant )
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. Hess, J.
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Johnson. Duffie, Stewart & Weidner
By: Wade D. Manley
1.0. No. 87244
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
wdm@jdsw.com
Attorneys for Defendant Brian Richardson
Plaintiff
IN THE COURT OF COMMON
PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
VICTOR GROMACK,
v.
NO. 2005-4156
BRIAN RICHARDSON,
DISTRICT JUSTICE APPEAL
Defendant
PRAECIPE TO REMOVE CASE FROM ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please remove the within matter for the next:
Argument Court
~*******************************************************************************~~***************
CAPTION OF CASE
(entire caption must be stated in full)
VICTOR GROMACK,
(Plaintiff)
vs.
BRIAN RICHARDSON,
(Defendant)
No. 2005-4165 Civil
1. State matter scheduled to be argued:
De'endant's Preliminary Objections to the Plaintiff's Complaint.
Plaintiff filed a timely Amended Complaint.
2. Identify counsel who were scheduled to argue case:
a) For Plaintiff: Anthony McBeth
Address: 407 N. Front Street
Harrisburg, PA 17101
b) For Defendant: Wade D. Manley, Esquire
Address: 301 Market Street, Lemoyne, PA 17043
3. I will notify all parties in writing within two days that this case has been removed
from argument.
4.
Argument Court Date:
October 20, 2005
/d~ 1/.
Dated: (./t 'b{r'
:261154
22740-1931
CERTIFICA TE OF SERVICE
AND NOW, this 18th day of October, 2005, the undersigned does hereby certify that she
did this date serve a copy of the foregoing document upon the other parties of record by causing
same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne,
Pennsylvania, addressed as follows:
Anthony McBeth
407 N. Front Street
Harrisburg, PA 17101
JOHNSON, DUFFIE, STEWART & WEIDNER
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Johnson. Duffie, Stewart & Weidner
By: Wade D. Manley
I.D. No. 87244
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
wdm@jdsw.com
Attorneys for Defendant Brian Richardson
VICTOR GROMACK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 2005-4156
BRIAN RICHARDSON,
DISTRICT JUSTICE APPEAL
Defendant
NOTICE TO PLEAD
TO: Victor Gromack
c/o Anthony T. McBeth, Esq.
407 N. Front Street
Harrisburg, PA 17101
AND NOW, this ".rJ' day of October, 2005, you are hereby notified to plead
responsively within twenty (20) days of the date of service hereof, or judgment may be
entered against you.
JOHNSON, DUFFIE, STEWART & WEIDNER
By {uhl-< 17. ~
Wade D. Manl y
Johnson. Duffie, Stewart & Weidner
By: Wade D. Manley
1.0. No. 87244
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
wdm@jdsw.com
Attorneys for Defendant Brian Richardson
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
VICTOR GROMACK,
v.
NO. 2005-4156
BRIAN RICHARDSON,
DISTRICT JUSTICE APPEAL
Defendant
ANSWER AND NEW MA TTER
AND NOW this .f!f!!. day of October, 2005, comes the Defendant, Brian
Richardson, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and files
the following Answer and New Matter and in support thereof avers as follows:
1. Denied. After reasonable investigation, the Defendant lacks information
sufficient to form a belief as to the truth of the averments contained in this paragraph.
Therefore, the averments in this paragraph are specifically denied and strict proof
thereof is demanded at the time of trial.
2. Admitted.
3. Denied. After reasonable investigation, the Defendant lacks information
sufficient to form a belief as to the truth of the averments contained in this paragraph.
Therefore, the averments in this paragraph are specifically denied and strict proof
thereof is demanded at the time of the arbitration hearing.
4. Admitted in part; Denied in part. It is admitted that the Defendant
played a round of golf at Mayapple Golf Links Golf Course on the date alleged. The
remainder of the averments contained in this paragraph are denied generally pursuant
to Pa.R.C.P. 1029(e), as the Defendant is unable to reasonably determine the nature of
the factual allegation. By way of further answer, the Defendant generally admits to
hitting errant golf shots on the date alleged.
5. Denied. The averments contained in this paragraph are conclusions of
law to which no response is required. If it is deemed that a response is required, the
averments contained in this paragraph are specifically denied and strict proof thereof is
demanded at the time of the arbitration hearing.
6. Denied. The averments contained in this paragraph are conclusions of
law to which no response is required. If it is deemed that a response is required, the
averments contained in this paragraph are specifically denied and strict proof thereof is
demanded at the time of the arbitration hearing.
7. Denied. The averments contained in this paragraph are conclusions of
law to which no response is required. If it is deemed that a response is required, the
averments contained in this paragraph are specifically denied and strict proof thereof is
demanded at the time of the arbitration hearing.
8. Denied. The averments contained in this paragraph are conclusions of
law to which no response is required. If it is deemed that a response is required, the
averments contained in this paragraph are specifically denied and strict proof thereof is
demanded at the time of the arbitration hearing.
WHEREFORE, the Defendant respectfully requests that this Honorable Court
enter judgment in his favor and dismiss the Plaintiff's cause of action against the
Defendant with prejudice.
NEW MATTER
By way of further answer and reply, the Defendant presents the following new
matter defenses:
9. The Plaintiffs' Complaint fails to state a claim upon which relief may be
granted.
10. The Plaintiffs' claims and/or alleged losses may be limited or barred by the
Pennsylvania Comparative Negligence Act, 42 Pa,C.S.A. 97102, et seQ., or the Doctrine
of Contributory Negligence.
11. The Plaintiff failed to exercise reasonable care for his property's safety
under the circumstances therein existing.
12. The Plaintiff may have assumed the risk of the injuries he allegedly
sustained in this incident.
13. The Plaintiff's failure to exercise reasonable care for his property's safety
was a substantial factor in the happening of the incident.
14. If a dangerous condition existed at the time of the alleged incident, which
is denied, then the Defendant avers that he did not have actual or constructive notice of
the allegedly dangerous condition prior to the incident.
15. Plaintiffs alleged damages, if any, were not caused by the acts,
omissions, or breaches of duty by the Defendant.
16. The Plaintiffs failure to exercise reasonable care and/or assumption of the
risk caused or contributed to cause any alleged injuries or damages of which the
Plaintiffs Complaint alleges, and therefore, Plaintiffs claims against the Defendant are
barred, or in the alternative, must be diminished by an amount proportionately equal to
the Plaintiffs percentage of negligence.
17. Any and all damages or injuries complained of were proximately caused
by the intervening, superceding acts of persons and/or entities other than the
Defendant.
18. Any and all damages complained of were proximately caused by the
intervening, superceding acts of weather conditions and/or other acts of nature outside
of the control of the Defendant.
19. The Plaintiff has failed to mitigate their damages.
WHEREFORE, the Defendant respectfully requests that Plaintiffs Complaint be
dismissed with prejudice and that judgment be entered in his favor.
Respectfully submitted,
JOHNSpN, DUFFIE, STEWART & WEIDNER
By: (;vIeLe 1)
Wade D.
csj:261160
22740-1931
VERIFICA TION
I, Wade D. Manley, attorney for Defendant, Brian Richardson, hereby certify that
the matters asserted herein constitute matters of record, legal arguments and matters
within the direct knowledge of counsel. The statements contained herein are true and
correct to the best of the knowledge of the undersigned. This verification is made
pursuant to the provisions of 18 Pa.C.S.A. S4904.
Date: /o/rq (o(
CERTIFICA TE OF SERVICE
AND NOW, this :J(j1>1Jay of October, 2005, the undersigned does hereby
certify that she did this date serve a copy of the foregoing document upon the other
parties of record by causing same to be deposited in the United States Mail, first class
postage prepaid, at Lemoyne, Pennsylvania, addressed as follows:
Anthony T. McBeth, Esq.
407 N. Front Street, 1st Floor
Harrisburg, PA 17101
RT & WEIDNER
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Anthony T. McBeth, Esquire
1.0.#53729
407 North Front Street
Harrisburg, PA 17101
(717) 238-3686
Attorney for Plaintiff
VICTOR GROMACK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
BRIAN RICHARDSON,
Defendant
NO. 2005-4156 CIVIL TERM
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
9. Denied.
10. Denied.
11. Denied.
12. Denied.
13. Denied.
14. Denied.
15. Denied.
16. Denied.
17. Denied.
18. Denied.
19. Denied.
This averment is a conclusion of law to which no response is required.
This averment is a conclusion of law to which no response is required.
This averment is a conclusion of law to which no response is required.
This averment is a conclusion of law to which no response is required.
This averment is a conclusion of law to which no response is required.
This averment is a conclusion of law to which no response is required.
This averment is a conclusion of law to which no response is required.
This averment is a conclusion of law to which no response is required.
This averment is a conclusion of law to which no response is required.
This averment is a conclusion of law to which no response is required.
This averment is a conclusion of law to which no response is required.
WHEREFORE, Plaintiff requests this Honorable Court to dismiss the Defendant's
...
.
New Matter, enter judgment for Plaintiff and against Defendant as requested in Plaintiffs
Complaint, and provide any other relief the Court deems appropriate.
~'~1'~(
ate
..
VERIFICATION
I, Anthony T. McBeth, am attorney for the Plaintiff in the captioned action. I am
verifying the attached document for the Plaintiff in that he is outside the jurisdiction of
this Court and his verification cannot be obtained by the time this Amended Complaint
needs to be filed. I verify that the facts set forth in the attached document are true and
correct to the best of my knowledge, information and belief. I so state subject to the
penalties of 18 Pa.C.S. 94904 (relating to unsworn falsification to authorities).
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VICTOR GROMACK,
Plaintiff
BRIAN RICHARDSON,
Defendant
NO. 2005-4156 CIVIL TERM
CERTIFICATE OF SERVICE
I, Anthony T. McBeth, Attorney for Plaintiffs, hereby certify that I have served the
attached document by placing same in the United States mail, first class, postage pre-
paid
addressed as follows:
Wade D. Manley, Esquire
Johnson, Duffie Stewart & Weidner
Attorneys for Defendant
P.O. Box 109
Lemoyne, PA 17043- 109
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Date
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Victor Gromack
Brian Richardson
In The Court of COnll110n Pleas of Cumberland
Plaintiff
County, Pennsylvania No. 200S. 4156
Defendant
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 Commonwealtl nd that We will discharge the d . es of our office
/
City,
d lOW:;
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
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0{. , 1/7.5:0 ,';1 cia ~ -$ h1jY.
~~~
Signature
R. Mark Thomas
Name (Chairman)
6&/0
Law Firm
101 S. Market st.
Address
Mechanicsburg, PA
City,
Zip 17055
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Date of Hearing: /J../I'I/CJ,~
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Date of Award: /t9./;'I};;~~
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Shaun J. Mumford
James I. Nelson
Name
Name
MI-IL/.fX.1.! 6te.STE./,.)
Law Firm
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3510 Trindle Rd.
Address
19 Brookwood Ave
Address
Camp Hill, PA 17011
Carlisle, PA 17013
Zip
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. Arbitrator, dissents. (Insert name if applicable.)
(Chairman)
Now, the I '{ I~ day of ,f)."""",,b-or- , 20 0"> ,at;)';2(. ,P .M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $ ,.290. ,'0
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Johnson, Duffie, Stewart & Weidner
By: Wade D. Manley
I.D. No, 87244
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
wdm@jdsw.com
Attorneys for Defendant Brian Richardson
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-4156
VICTOR GROMACK,
v.
DISTRICT JUSTICE APPEAL
BRIAN RICHARDSON,
Defendant
PRAECIPE TO ENTER JUDGMENT
TO THE PROTHONOTARY:
PLEASE enter judgment in the amount of $75.00 in favor of the Plaintiff based on the
arbitration panel's award in favor of the Plaintiff on December 14, 2005. Attached hereto is a
copy of the Arbitrator's award.
Respectfully submitted,
JOHNSON, DUFFIE, STEWART & WEIDNER
By:
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:267808
22740-1815
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Victor Gromack
In The Court of Common Pleas of Cumberland
Plaintiff
County, Pelillsylvania No. 2005- 41 56
Brian Richardson
Defendanl
Civil Action - Law.
Oath
We do solemnly swear (or afftrm) that we will support, obey and defend the Constitution of the United
St.ates an~ the Constitution of this commonweafid. t.hat~e will discharge the d~es of our offtce
~J~ 1/~//
Signature //
R. Mark Thomas Shaun J. Mumford James I. Nelson
Name (Chairman) Name Name
Law Firm
6&/0
M411/., o!.l.1 6 tt-STG./,J
Law Firm
t''''/~''1 ~ykj f tJ;11'e.
LawF m
101 S. Market st.
Address
3510 Trindle Rd.
Address
19 Brookwood Ave
Address
Mechanicsburg, PA
Camp Hill, PA 17011
Carlisle, PA 17013
City,
Zip 17055
d iU14(o
Zip
City,
Zip
4 /237:)
City,
iI lOW:;
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
. N~.p,n~ ~ +kypr trF'
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Date of Hearing: /J. f/'II,;;1.~
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Date of Award: /Ol./;'I~tPl?..s-
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(Chairman)
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Now, the 17' II day of ~ J2,-':'\'1bJ1~ ,20 0)" l at ci ~..!c" , P.M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $
'~9Y) '.0
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By:
Deputy
CERTIFICA TE OF SERVICE
AND NOW, this I ~ day of fvhlJ ~ ' 2006 the undersigned does hereby
certify that he did this date serve a copy of the foregoing document upon the other parties of
record by causing same to be deposited in the United States Mail, first class postage prepaid, at
Lemoyne, Pennsylvania, addressed as follows
Anthony T. McBeth, Esq.
407 N, Front Street, 1st Floor
Harrisburg, PA 17101
JOHNSON, DUFFIE, STEWART & WEIDNER
By tv,.t.. 1).