Loading...
HomeMy WebLinkAbout05-5807 > File #06-05-501 LAW OFFICES OF STEWART C. CRAWFORD BY: Stewart C. Crawford, Esquire ATTORNEY LD. # 09827 223 North Monroe Street P.O. Box E Media, P A 19063 Telephone: (610) 565,7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW MARTHA DREISBACH 12109 Karper Road Mercersburg, P A 17236 v. GARY'S SALVAGE YARD 19 Creekview Road Newville, PA 17241 and JASON L. BRIGGS 710 Walnut Bottom Road Shippensburg, P A 17257 IN CIVIL ACTION NO. O~ - 5rPo7 c;uLL Yffl-~ NOTICE TO DEFEND Yau 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 further 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 fOf 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 LA WYER AT ONCE. IF VOU DO NOT HAVE A LA WYEROR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 plaza al partir de la feeha de la demanda y la notifieacion. Haee faita asentar una eomparencia escrita 0 en persona o con un abogado y entre gar a ]a corte en fonna sus defensas o sus objecliones alas demandas en contra de su persona. Ses avisado que si usted no se defiende la corte tomara modidas yPuede continuar ila demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiera que usted cumpia con todas las provisions de esta demanda. Usted puede perder dinero 0 sus propiedaces u otros derechos importantes parausted. USTED DEBE LLEV AR EST A A VISO A UN ABOGADO ENESEQUlDA. 51 USTED NO TIENE UN ABOGADO Y NO PUEDEPAGAR LOS SERVICIOS DE UN ABOGADO, DEBE COMUNICARSE CON LA SIGUIENTE OHCINA PARA A VERIGUAR DONDE PUEDE OBTENER A YUOA LEGAL. Cumberland County Court of Common Pleas Court Administrator One Courthouse Square Carlisle, P A 17013 (717) 240-6200 File #06-05-501 LAW OFFICES OF STEWART C. CRAWFORD & ASSOCIATES BY: Stewart C. Crawford, Esquire ATTORNEY I.D. NO: 09827 223 North Monroe Street ATTORNEY FOR PLAINTIFF Media, PA 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW MARTHA DREISBACH 12109 Karper Road Mercersburg, PAl 7236 IN CIVIL ACTION NO. O~ - ~,f()7 CI.(J~L~~ v. GARY'S SALVAGE YARD 19 Creekview Road Newville, PA 17241 and JASON 1. BRIGGS 7 lOW alnut Bottom Road Shippensburg, P A 17257 COMPLAINT Motor Vehicle Property Damage I. Plaintiff is a business entity at all times pertinent hereto conducted business at the above-captioned address. 2. Defendant, Gary's Salvage Yard., is a business entity authorized to do business in Pennsylvania and was the owner of the motor vehicle involved in this incident and, at all times pertinent hereto, had as a principle place of business the above-captioned address. 3. Defendant, Jason L. Briggs, is an adult individual and at all times relevant I hereto resided at the above-captioned address and was the operator of the motor vehicle involved in this accident and did so as an agent, servant, workman or employee of the business and on the behalf of the Owner. 4. On September 17,2004, a motor vehicle owned by Plaintiff, hereafter the Plaintiffs vehicle, was involved in an incident with Defendants. 5. On the aforesaid date, the Plaintiff's vehicle was stopped on Route 75 waiting to merge onto Main Street in Mercersburg, Pennsylvania when the Defendant, who was traveling on Route75 one vehicle behind the Plaintiffs vehicle, attempted to brake but was unable to and rear-ended and pushed the vehicle that was traveling behind the Plaintiffs vehicle into the Plaintiffs vehicle causing damage. 6. Defendant driver was negligent and careless and the sole cause of this incident in that Defendant: (a) Operated the vehicle at an unsafe rate of speed; (b) was inattentive; (c) failed to make proper observation; (d) violated local laws and the laws of the Commonwealth of Pennsylvania. 7. Due to this incident, expenses were incurred for damage to the Plaintiffs vehicle, towing, storage and car rental totaling $5,391.99. COUNT I PLAINTIFF v. JASON L. BRIGGS 8. Plaintiff incorporates paragraphs I through 7 inclusive as if fully set forth at length herein. 9. Defendant is liable as the negligent driver. WHEREFORE, Plaintiff demands judgment for $5,391.99 plus interest and costs of suit. 2 COUNT II PLAINTIFF v. GARY'S SALVAGE YARD 10. Plaintiff incorporates paragraph 1 through 9 inclusive as iffuIly set forth at length herein. I I. Defendant is liable under the Doctrine of Respondent Superior for the negligence of the Defendant driver. 12. Defendant was negligent in entrusting this motor vehicle to someone who Defendant knew or could have known was a dangerous, unlicensed, inexperienced or careless motor vehicle operator. WHEREFORE, Plaintiff demands judgment for $5,391.99 plus interest and costs of suit. 3 VERIFICATION The undersigned verifies that the statements contained in the foregoing Complaint are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsifications to authorities. II I/A- r/ Date: 4 7::;J (J "9- \l 1 II( ~ -- Crt ....... -t ~ \:l D t)- C> ~ '\) 0- ----. J- ::~J ,..., c:::> (.~~ .::J'l 8 ~p ....-. c.:' o -n --I :-1:-n rn-," r :gG c-, t ":iO ~(. "L -c-'-n I~_-,,! t') ~rn -< I c:> :::-,'"'> _..~ \9 en co . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MARTHA DREISBACH, Plaintiff : CIVIL ACTION v. : NO. 05-5807 CIVIL TERM GARY'S SALVAGE YARD and JASON 1. BRIGGS, Defendants DEFENDANT GARY'S SALVAGE YARDS'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT COMES NOW Defendant, Gary's Salvage Yard, by and through his attorney, Sally J.Winder, and files the foJlowing preliminary objections to Plaintiffs' complaint: FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT I.. Rule 101 8.1 (b), Pa. R.C.P., specifies the form of Notice to Defend with which every complaint filed by a plaintiff must begin. 2. Plaintiff in this case has not followed the form required by the Rules of Civil Procedure as noted in paragraph I. 3. By not foJlowing the required form, plaintiff has violated the specified rule of Court. 4. Plaintiffs' complaint should be dismissed. 5. Rule I024(c), Pa. R.C. P., specifies that the verification to a pleading shall be made by one of the parties filing the pleading, unless certain exceptions are applicable. - ~ 6. The complaint in this case has not been made by the plaintiff who filed it, but has been made by her attorney instead, and no exception to the general rule specified by Rule I 024( c) has been given for this failure. 7. By not having plaintiff verify the complaint, and in the absence of any exception for this failure, plaintiff has violated the specified rule of Court. 8.. Plaintiffs' complaint should be dismissed. 9. Plaintiff's complaint states a cause of action against defendant under the doctrine of Respondent (sic) Superior and a cause of action against defendant on the theory of negligent entrustment in the same count (Count II). 10. Rule 1020 (a), Pa. R.C.P., specifies that each cause of action in a complaint shall be stated in a separate count containing a demand for relief. 11. By not stating each cause of action against defendant in a separate count, plaintiff has violated the specified rule of Court. 12. Plaintiff's complaint should be dismissed. I3. Rule 101 9(a), Pa. R.C.P., specifies that the material facts on which a cause of action is based shall be stated in a concise and summary form. 14. Plaintiff's complaint fails to state any material facts upon which the cause of action under the Doctrine of Respondent(sic) Superior is based. 15. Plaintiff's complaint fails to state any material facts upon which the cause of action for negligent entrustment is based. 16. By not stating the material facts upon which plaintiff's causes of action against defendant are based, plaintiff has violated the specified rule of Court. 17. Plaintiff's complaint should be dismissed. 2 " WHEREFORE, for the foregoing reasons, defendant Gary's Salvage Yard requests the Court to dismiss those counts of plaintiffs' complaint filed against defendant Gary's Salvage Yard. Il--(-I ( b ') Respectfully submitted, ~ Ji~j J .l\\jIW,,-4~ Sally J. Winder Attorney for defendant Gary's Salvage Yard 9974 Molly Pitcher Highway Shippensburg, PAl 7257 (717) 532-9476 3 r.....' ,;~; -; :--1 ~-... ", SHERIFF'S RETURN - REGULAR CASE NO: 2005-05807 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DREISBACH MARTHA VS GARY'S SALVAGE YARD ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says. the within COMPLAINT & NOTICE was served upon GARY'S SALVAGE YARD the DEFENDANT , at 1518:00 HOURS, on the 17th day of November, 2005 at 19 CREEKVIEW ROAD NEWVILLE, PA 17241 by handing to WANDA MIXELL, BOOKKEEPER ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 11.52 .00 10.00 .00 39.52 i'><:;;CO R. Thomas Kline ,,' .- -'-:.f~ 0<' me this /0- day of 12/27/2005 STEWART CRAWFORZ, . By: Iy~ Deputy Sheriff Sworn and Subscribed to before c A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-05807 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DREISBACH MARTHA VS GARY'S SALVAGE YARD ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BRIGGS JASON L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , BRIGGS JASON L 710 WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257 DEFENDANT MOVED 3 MONTHS AGO. NO FORWARDING ON FILE AT POST OFFICE. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 15.36 5.00 10.00 .00 36.36 So answe::i3,;/7 ,-") - <.,.-_:,/_" ," -'--,"'-' , ,....-'~.,---".: -'~>R~f~;~ne Sheriff of Cumberland County STEWART CRAWFORD 11/27/2005 Sworn and subscribed to before me this Jot:::. day of cLu) I JootM A.? 1 lechC~ File #06-05-501 LAW OFFICES OF STEWART C. CRAWFORD BY: Stewart C. Crawford, Esquire ATTORNEY J.D. #09827 223 North Monroe Street P.O. BoxE Media, PAl 9063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MARTHA DREISBACH 12109 Karper Road Mercersburg, PAl 7236 v. GARY'S SALVAGE YARD 19 Creekview Road Newville, PA 17241 and JASON 1. BRIGGS 710 Walnut Bottom Road Shippensburg, PA 17257 IN CIVIL ACTION No. 05-5807 NOTICE TO DEFEND You have been sued iu 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 aud notice are served, by entering a written appearance -perronaUy or by an attDTIley and filing in writing with the court your defenses or objections to the claims set forth against YOll You afe further warned that if you fail to do so the case may proceed witbout you and ajudgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim orreliefreq\lested by the Plaintiff. You may Jose money or property or other rights important to you. YOU SHOULD TAKE THlSPAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYEROR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FlND OUT WHERE YOU CAN GET LEGAl HELP. Le han deroandado a liSted en Ill. corte. S1 usted quiere defenderse de estas demandas expuestas en las pagiIlas siguientes, usted tiene veinte (20) dias de plaza alpartir de Ill. fecaa de la demarnia y \a notifieacion. Haee faita ll.sentar una compareneia eserita 0 en persona o con un abogado y entregar a Ill. corte ell fonna sus defensas o 5\15 cbjectiones 11. las demandas en contra de Sli persona. Ses avisado que si usted no se defiende Ill. corte tomara modidas )'puede continuar ila demanda en contra suya sin previo aviso 0 notific3ciou. Ademas, Ill. corte puede decidir a favor del demandante y requiera que llSted cumpia con todas las provisions de esta dernanda. Usted puede perder dinero 0 sus -propiedaces \l auns derechos importantes para usted. USTED DEBE LLEV AR EST A A VISa A UN ABOGADO ENESEQUIDA. S1 UsrED NO TIENE UN ABOGADO Y NO PUEDEPAGAR LOS SERVlCIQS DE UN ABQGADO, DEBE COMUNICARSE CON LA SIGUIENTE OFICQ\JA PABA A VERlGUAR DQNDE PUEDE OBTENER AYUDA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 . File #06-05-501 LAW OFFICES OF STEWART C. CRAWFORD BY: Stewart C. Crawford, Esquire ATTORNEY J.D. #09827 223 North Momoe Street P.O. Box E Media, PAl 9063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MARTHA DREISBACH 12109 Karper Road Mercersburg, PAl 7236 v. IN CIVIL ACTION No. 05-5807 GARY'S SALVAGE YARD 19 Creekview Road Newville, PA 17241 and JASON 1. BRIGGS 710 Walnut Bottom Road Shippensburg, PAl 7257 1ST AMENDED COMPLAINT Motor Vehicle Property Damage 1. Plaintiff is an adult individual who at all times pertinent hereto resided at the above-captioned address. 2. Defendant, Gary's Salvage Yard, is a business entity authorized to do business in Pennsylvania and at all times pertinent hereto, was the owner of the motor vehicle involved in this incident and had a principal place of business at the above-captioned address. 3. Defendant, Jason 1. Briggs, is an adult individual and at all times relevant hereto resided at the above-captioned address and was the operator of the motor vehicle .. involved in this accident and did so as an agent, servant, workman or employee of the business and on behalf of the owner. 4. On September 17,2004, a motor vehicle owned by Plaintiff was involved in an incident with Defendants. 5. On the aforesaid date, Defendant owner gave Defendant driver verbal permission to drive the aforementioned motor vehicle off of his premises. 6. On the aforesaid date, Plaintiffs vehicle was stopped on Route 75 waiting to merge onto Main Street in Mercersburg, Pennsylvania, when the vehicle owned by Defendant, Gary's Salvage Yard and operated by Defendant, Jason L. Briggs, also traveling on Route 75 one vehicle behind Plaintiff; attempted to brake but was unable to, and rear-ended and pushed the vehicle directly behind Plaintiff into Plaintiff s vehicle causing damage. 7. Defendant driver was negligent and careless in that he: (a) operated the vehicle at an unsafe speed; (b) was inattentive; (c) failed to make proper observation; (d) violated local laws and laws of the Commonwealth of Pennsylvania. 8. Due to this incident, expenses were incurred for damage to Plaintiff s vehicle, including towing, storage and car rental totaling $5,391.99. .. COUNT I PLAINTIFF v. GARY'S SALVAGE YARD 9. Plaintiff incorporates by reference paragraphs 1-8 inclusive as though same were set forth herein at length. 10. Defendant, Gary's Salvage Yard, is liable under the Doctrine of Respondeat Superior for the negligence of Defendant driver. WHEREFORE, Plaintiff demands judgment in the amount of$5,391.99 plus interest and costs of suit. COUNT II PLAINTIFF v. GARY'S SALVAGE YARD 11. Plaintiff incorporates by reference paragraphs 1-10 inclusive as though same were set forth herein at length. 12. Defendant was negligent in entrusting this motor vehicle to someone who Defendant knew or could have known was a dangerous, unlicensed, inexperienced, or careless driver. WHEREFORE, Plaintiff demands judgment in the amount of$5,391.99 plus interest and costs of suit. COUNT ill PLAINTIFF v. GARY'S SALVAGE YARD 13. Plaintiff incorporates by reference paragraphs 1-12 inclusive as though same were set forth herein at length. 14. Defendant was negligent in permitting Defendant driver to operate a vehicle Defendant knew or could have known had mechanical problems. .. WHEREFORE, Plaintiff demands judgment in the amount of$5,391.99 plus interest and costs of suit. COUNT IV PLAINTIFF v. JASON L. BRIGGS 15. Plaintiff incorporates by reference paragraphs 1-14 inclusive as though same were set forth herein at length. 16. Defendant, Jason L. Briggs, is liable as the negligent driver. WHEREFORE, Plaintiff demands judgment in the amount of $5,391.99 plus interest and costs of suit. .. VERIFICATION The undersigned verifies that she is the Plaintiff in the foregoing Complaint and that the statements contained therein are true and correct to the best of her knowledge, information and belief The undersigned understands that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsifications to authorities. X'1C'1Cl&fJ 5j~~ MARTHA DREISBACH, Plaintiff r:-', ~l r "~' I C':.f -":(1 ::;:! -"'-,.~ i(!;.:...:..;: - . . " ( , if! C~) & IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARTHA DREISBACH, Plaintiff : CIVIL ACTION v. : NO. 05-5807 CIVIL TERM GARY'S SALVAGE YARD and JASON L. BRIGGS, Defendants NOTICE TO PLEAD TO: Martha Dreisbach You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. L-f 1/ t> fIG ~ .' ,JL;j~ Sally J.' inder, Attorney for Defendant Gary's Salvage Yard 9974 Molly Pitcher Highway Shippensburg, P A 17257 Telephone (717) 532-9476 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARTHA DREISBACH, Plaintiff : CIVIL ACTION v. : NO. 05-5807 CIVIL TERM GARY'S SALVAGE YARD and JASON L. BRIGGS, Defendants ANSWER AND NEW MATTER OF DEFENDANT GARY'S SALVAGE YARD COMES NOW, defendant Gary's Salvage Yard, by and through its attorney. Sally J. Winder, and answers plaintiffs 1st Amended Complaint as follows: !. Admitted. 2. It is admitted that defendant Gary's Salvage Yard is a Pennsylvania business entity and has a principal place of business at 19 Creekview Road, Newville, P A 17241. It is denied that defendant Gary's Salvage Yard was owner of the motor vehicle involved in the accident at all times pertinent to the cause of action. To the contrary. defendant Gary's Salvage Yard had sold this motor vehicle to Jeff Neal some time before September 17,2004, and Jeff Neal had hauled it away to strip it for parts. 3. It is admitted that defendant Jason L. Briggs is an adult individual and that he drove the motor vehicle involved in the accident. As to the remaining averments of paragraph 3, answering defendant, denies the same. To the contrary, defendant Briggs has never been employed by answering defendant as an agent, servant, workman or employee. Defendant Briggs did not operate the motor vehicle involved in the accident on behalf of answering defendant. 4. Denied. To the contrary, answering defendant was nowhere near the scene of the accident on the date of the accident. The only defendant who had an accident involving plaintiff on the date in question was defendant Briggs. 5. Denied. To the contrary, answering defendant never gave defendant Briggs verbal permission to drive the motor vehicle off his premises on September 17,2004. Answering defendant never even saw defendant Briggs on September 17. 2004. The motor vehicle in question had been sold to a person named Jeff Neal some time before . September 17, 2004, for Jeff Neal to strip the motor vehicle for parts. When the motor vehicle was sold to Jeff Neal, said motor vehicle lacked a current registration card and plate and was not covered by motor vehicle liability insurance. Said motor vehicle was not driven off answering defendant's premises; said motor vehicle was hauled off answering defendant's premises on the back of a roll-back truck. No one could legally drive said motor vehicle in its then condition on a public highway. 6 Admitted in part and denied in part. It is denied that defendant Gary's Salvage Yard owned the motor vehicle in question on the date of the accident. To the contrary, answering defendant avers that it had sold the motor vehicle in question to Jeff Neal some time before September 17, 2004, and that Jeff Neal had hauled it away at the time it was sold to him. 7. After reasonable investigation, answering defendant lacks information sufficient to form a belief as to the truth of the averments of paragraph 7, and the same are therefore denied. Proof thereof at the trial of the case is demanded. 8. After reasonable investigation, answering defendant lacks information sufficient to form a belief as to the truth of the averments of paragraph 8, and the same are therefore denied. Proof thereof at the trial of the case is demanded. COUNT I PLAlNTlFFv. GARY'S SALVAGE YARD 9. Answering defendant incorporates paragraphs 1 through 8 of its Answer and New Matter by reference as though set out at length. 10. Denied. To the contrary, answering defendant avers that it never employed or engaged defendant Briggs as its agent, servant, workman or employee, and that there never existed between defendant Briggs and answering defendant any relationship which would make the doctrine of respondeat superior applicable to this case. Answering defendant is not liable for the tortious conduct of defendant Briggs. COUNT II PLAINTIFF v. GARY'S SALVAGE YARD 11. Answering defendant incorporates paragraphs 1 through 10 of its Answer and New Matter by reference as though set out at length. 12. Denied. To the contrary, answering defendant avers that it never entrusted the motor vehicle in question to defendant Briggs. Answering defendant further avers that it did not know, nor could it have been reasonably expected to know, anything at all about defendant Briggs' driving ability or about whether defendant Briggs possessed a valid operator's license, at any time pertinent to this case. 2 . COUNT III PLAINTIFF v. GARY'S SALVAGE YARD 13. Answering defendant incorporates paragraphs 1 through 12 of its Answer and New Matter by reference as though set out at length. 14. Denied. To the contrary, answering defendant avers that it never gave permission to defendant Briggs to operate the motor vehicle in question. Answering defendant further avers that it did not know, nor could it have been reasonably expected to know, anything about the mechanical condition of the motor vehicle in question on the date of the accident. Some time before the September 17, 2004, date of the accident, answering defendant had sold the motor vehicle in question to Jeff Neal for parts, and Jeff Neal had hauled the motor vehicle away from answering defendant's premises on the back of a roll-back truck. COUNT IV PLAINTIFF v. JASON L. BRIGGS 15. Answering defendant incorporates paragraphs 1 through 14 of its Answer and New Matter by reference as though set out at length. 16. After reasonable investigation, answering defendant lacks information sufficient to form a belief as to the truth of the averments of paragraph 16, and the same are therefore denied. Proof thereof at the trial of the case is demanded. NEW MATTER For further defense, answering defendant avers the following New Matter: 17. Answering defendant did not know, nor could it reasonably have been expected to know, whether defendant Briggs possessed a valid driver's license on September 17,2004. 18. Answering defendant never authorized defendant Briggs to operate the motor vehicle in question at any time. 19. Answering defendant did not know, nor could it reasonably have been expected to know, that defendant Briggs intended to, or was likely to, use the motor vehicle in question or to conduct himself in the activity of driving a motor vehicle, in such a manner as to create an unreasonable risk of harm to plaintiff. 20. The motor vehicle in question did not have a current registration card or plate when it left the premises of defendant Gary's Salvage Yard. 21. The motor vehicle in question was not covered by motor vehicle liability insurance when it left the premises of defendant Gary's Salvage Yard. 3 . 22. Answering defendant never employed or engaged defendant Briggs as an agent, servant, workman or employee at any time pertinent to this case. 23. At the time he was involved in the accident of September 17,2004, defendant Briggs was not acting within the scope of any employment by defendant Gary's Salvage Yard. 24. If defendant Briggs was given permission to operate the vehicle in question, he would have received it from Jeff Neal, the person who purchased the vehicle for parts and the person who hauled the vehicle away from defendant Gary's Salvage Yard premises. 25. Answering defendant believes, and therefore avers, that defendant Briggs took the motor vehicle from Jeff Neal on September 17,2004, and drove it without any type of permISSIOn 26. Defendant Gary's Salvage Yard has done nothing which would subject him to liability for the tortious conduct of defendant Briggs in this case. WHEREFORE, defendant Gary's Salvage Yard respectfully requests this Court enter judgment in favor of defendant Gary's Salvage Yard and against plaintiff Martha Dreisbach on Count I, Count II, and Count III of plaintiff s 151 Amended Complaint. Dated: April-L!1-, 2006 >--.... Sally J. Wi er, Attorney for Defendant\ Gary's Salvage Yard 9974 Molly Pitcher Highway Shippensburg, PA 17257 Telephone (717) 532-9476 4 . VERIFICA nON I verifY that the facts set forth in the foregoing Answer and New Matter are true and correct to the best of my knowledge, infonnation and belief. 1 understand that false statements made herein are subject to the penalties of 18 Pa. C.S. A. S 4904 relating to unsworn falsification to authorities. Dated: ., @;L G~;~ell I': - 5 c; - t.", .... 06-05-501 LAW OFFICES OF STEWART C. CRAWFORD BY: Stewart C. Crawford ATTORNEY I.D. #09827 223 NORTH MONROE STREET P.O. BOX E MEDIA, PA 19063 TELEPHONE: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION-LAW MARTHA DREISBACH No. 05..5807 VS. GARY'S SALVAGE YARD & IN CIVIL ACTION JASON L. BRIGGS PLAINTIFF'S REPLY TO THE NEW MATTER OF DEFENDANT, GARY'S SALVAGE YARD 17. Plaintiff is without sufficient information to form a belief as to the factual averment ofthis paragraph, and same is therefore denied. To the extent that this paragraph contains conclusions oflaw, same are denied as such. 18. Denied. See paragraph 5 of Plaintiff's Complaint. To the extent that this paragraph contains conclusions oflaw, same are denied as such. 19. Denied as conclusions oflaw. 20. Plaintiff is without sufficient information to form a belief as to the factual averment ofthis paragraph, and same is therefore denied. 21. Plaintiff is without sufficient information to form a belief as to the factual averment of this paragraph, and same is therefore denied. I , 22. Denied. See paragraph 5 of Plaintiff's Complaint. To the extent that this paragraph contains conclusions of law, same are denied as such. 23. Denied. See paragraph 5 of Plaintiff's Complaint. To the extent that this paragraph contains conclusions of law, same are denied as such. 24. Plaintiff is without sufficient information to form a belief as to the factual averment of this paragraph, and same is therefore denied. To the extent that this paragraph contains conclusions of law, same are denied as such. 25. Plaintiff is without sufficient information to form a belief as to the factual averment of this paragraph, and same is therefore denied. To the extent that this paragraph contains conclusions ofIaw, same are denied as such. 26. Denied as a conclusion ofIaw. / of' /~ u:! <:;7-- STEWART C. CRAWFORD, ESQUIRE Attorney for Plaintiff File #06-05-501 LAW OFFICES OF STEWART C. CRAWFORD BY: Stewart C. Crawford, Esquire ATTORNEY J.D. # 09827 223 North Monroe Street P.O. Box E Media, P A 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION-LAW MARTHA DREISBACH 12109 Karper Road Mercersburg, P A 17236 IN CIVIL ACTION NO.: 05-5807 v. GARY'S SALVAGE YARD 19 Creekview Road Newville, PA 17241 and JASON L. BRIGGS 71 0 Walnut Bottom Road Shippensburg, P A 17257 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate this Complaint an additional thirty (30) days. Dated: #1/6 o r" ~ c:> c:r- .-::.. ~ .-\ -:J:-n t~11C:'. l_L'; ~j-( -0 :3t ;." ".,~ ' t{?\ """1'-:.,," .cD :.<. 0? - (.,,) .. 06-05-501 LAW OFFICE OF STEWART C. CRAWFORD & ASSOCIATES BY: Stewart C. Crawford, Esquire ATTORNEY J.D. #09827 223 North Monroe Street Attorney for Plaintiff P.O. Box E Media, Pennsylvania 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MARTHA DREISBACH NO.05-5807 v. GARY'S SALVAGE YARD IN CIVIL ACTION & JASON L. BRIGGS PRAECIPE FOR DEFAULT JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter a Default Judgment in favor of the Plaintiff and against the Defendant(s) JASON L. BRIGGS in the amount of$5,391.99 for failure to Answer the Complaint in Civil Action within twenty (20) days from the date of service. I hereby certify that pursuant to Local Rule of Court, I sent Notice to Defendant of intent to take Default. See attached. S,:XPlJI.4/1L C Stewart C. Crawford, Esquire Attorney for Plaintiff l.D. #09827 ENTRY OF DEFAULT JUDGMENT AND NOW, to wit, this~y of {J':;:t ,2006 a Default Judgment is entered & ,bow, _cly;, fav~ ,ftho P1""tiff Md '. 'M ~~ ~ Iil'EPY'f'; PROrnO ~ .. 06-05-501 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW MARTHA DREISBACH NO.05-5807 v. GARY'S SALVAGE YARD IN CIVIL ACTION & JASON L. BRIGGS AFFIDA VII OF MAILING NOTICE COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DELJfWARE Stewart C. Crawford, Esquire, being duly sworn according to law, deposes and says that he is attorney for Plaintiff and that on July 17, 2006 he sent by certified mail, return receipt requested, to the Defendant(S) JASON L. BRIGGS the repair estimate, together with a notice that damages would be assessed on or after July 31, 2006 in the amount of the repair estimate unless prior to that date the Defendant(s) had, by written Praecipe, filed with the Prothonotary a request for trial on the issue of damages. ~J2uuv? L C tewart C. Crawford, Esquire Attorney for Plaintiff(s) Sworn to and SubScribed Before me this 3"./ day Of /Iv". , 2006. " rfg~f~ OTAR ENN5YL.YANIA COMM01",W'i.A\..-UtCF P' NOT ARlAL SEAL GIW. t.I VALLETII Notary PubltC Media Boro., Delaware County 0 ~Ex\liI86 Febl\IllIY 4. 201 ~ 06-05-501 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW MARTHA DREISBACH NO.OS-5807 v. GARY'S SALVAGE YARD IN CIVIL ACTION & JASON L. BRIGGS AFFIDAVIT UNDER SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940 AS AMENDED STATE OF PENNSYLVANIA : SS COUNTY OF DELJ1w ARE Stewart C. Crawford, Esquire, being duly sworn according to the law that JASON 1. BRIGGS is/are not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended; that said Defendant(s) is/are over 18 years of age and is/are employed. SJUUDJlL Stewart C. Crawford, Esquire Attorney for Plaintiff#09827 Sworn to and subscribed Before me this.]rr/ day Of /!fY' 2006. ~I~ OTAR COMMON LTHOFP~h.N.S.'<LV;.J'Ii:A NOTARIAL SEAL GINA M 'iAllETTI. NoIar'/ PubltC ...... Boro Delaware County ""!'"':" ~ FebN 4,2010 ~ File #06-05-50 I LAW OFFICE OF STEWART C. CRAWFORD & ASSOCIATES BY: Stewart C. Crawford, Esquire ATTORNEY \.D. # 09827 223 North Monroe Street ATTORNEY FOR PLAINTIFF Media, PA 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION.LA W MARTHA DREISBACH IN CIVIL ACTION vs. GARY'S SALVAGE YARD and JASON L. BRIGGS NO. 05-5807 TO: JASON L. BRIGGS 4525 SYCAMORE GROVE ROAD CHAMBERSBURG, PA 17201 DATE OF NOTICE: JUNE 14,2006 IMPORTANT NOTICE You are in default because you have failed to take action required of you in this case. Unless you act within Ten (10) Days from the date of this notice, a Judgment will be entered against you without a hearing and you may lose property or other important rights. You should take this notice to a lawyer at . once. If you do not have a lawyer or can not afford one, go to orte1ephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Taryn Dixon, Court Administrator One Courthouse Square Carlisle, PA 17013 (717) 240-6200 . STEWART C. CRAWFORD, ESQ. Attorney for Plaintiff1: s) i/6 -t:;P StJ/ . .' .m The Court of Common Pleas of Cumberland County, Pennsylvania MArtha Dreisbach ' VS. Gary's Salvage Yard et al SERVE: Jason L. Briggs O&, -I,;) ( --r 05-5807 civil No. Now, May 2, 2006 . I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~~ Sheriff of Cumberland County, PA Affidavit of Service Now, os-/t ~ . 20~, at /3l(S- o'c1ock(J M. served the within fl)M{JllH~r OF CI!/J~ ~dJ upon \-Tff-s/J AI L . 13 t!-I (.~ S at 'Fl.-A-IJ)U,J I1ullo/ ~U rth,,-,c /-$6 t.J/../tolfri. ~ <Df.Rr , -8U~/ ',I. I ( by handing to :r~W. t, /3iUl.~~ a 77-lto' cl n-~rc::D copy of the original GJoplf4J_fT- e.iI/lL and made known to tl-IIV.- the contents thereof. So ariswers, ~7Jd,r;Lk ri-".b<f Sh . of ' County, PA Sworn and subscribed before me this _ day of . 20 COSTS SERVICE MILEAGE AFFIDAVIT $ $ un~~~rr.u ~n~uro~ - K~~ULfiK C.iI'Y\ b.u- \ o.nd 1O"" ~ ~ D~c 5'is'o~1 .' €A,SJ:l NO: 2006-00121 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN MARTHA DREISBACH VS GARY'S SALVAGE YARD ET AL TAMMY L SHANK , Deputy Sheriff of FRANKLIN County, pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon BRIGGS JASON L. the DEFENDANT , at 0013:45 Hour, on the 18th day of May , 2006 at FRANKLIN CO SHERIFF'S OFFICE 157 LINCOLN WAY EAST CHAMBERS BURG , PA 17201 by handing to JASON L BRIGGS a true and attested copy of COMPLAI~T together with and at the same time directing' His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: .00 .00 .00 .00 .00 .00 TAMMY L K ? Sworn and Subscribed to before me this ~ day of &00 M~~~ A.D. ~ Nota;jL~ Notariltl 5eII R_'" D. McCllrI1. ~ ~ Chom_llIl1ooO. F,_,~" My eommlollOll ExpI/IO..... 29, 2007 . .' . , 2- ~ ~ ~ i iO ~ ..lQ. ~~ ~ \\ ...c ~ . -;,,'f1 c;'> ~.;. 0 zt;'~ I \) S2.,,:;. -> t2. CJ --0 %=a ~ - - ~ %0 :;Jl:. ~ " ?-"O 'i'? yc. "" - t"J ~ ~ l- ~ -!a 0 <.:> } .. 1/ ~ .. . 06-05-501 LAW OFFICE OF STEWART C. CRAWFORD & ASSOCIATES BY: Stewart C. Crawford, Esquire ATTORNEY J.D. #09827 223 North Monroe Street Attorney for Plaintiff P.O. Box E Media, Pennsylvania 19063 Telephone: (610) 565-7050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MARTHA DREISBACH NO.05-5807 v. GARY'S SALVAGE YARD IN CIVIL ACTION & JASON L. BRIGGS NOTICE Pursuant to Rule of Civil Procedure No. 236, Notice is given that a Default Judgment and Assessment of Damages in the above-captioned matter has been entered against you on lJu ~ "1,:;) ~lJ(. , SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-05807 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DREISBACH MARTHA VS GARY'S SALVAGE YARD 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: BRIGGS JASON L but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 26th , 2006 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge Dep Franklin Co Postage 18.00 9.00 10.00 23.00 .63 60.63 v OS/26/2006 Cl... ~/3()/O~ STEWART CRAWFORD mas Kline lff of Cumberland County Sworn and subscribe to before me this day of A.D. < . . · In The Court of Common Pleas of Cumberland County, Pennsylvania MArtha Dreisbach VS. Gary's Salvage Yard et al SERVE: Jason L. Briggs Ofo 1,;)( -r No. 05-5807 civil Now, May 2, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. r~~ Sheriff of Cumberland County, P A Mfidavit of Service Now, ().sit ~ . , 20~, at 13tfS o'c1ockfJ M. served the within f~M{JllH~r OF CItl/6 ~d) upon Jff5/J Ai L . f3 t!-II-~ S at 'Fl~LL,J Oul1o/ {kq ~J.S;! (LJ../(.(L1J;i. ~ ~ -Bullh/ 1(... 1ZZ'd I by handing to :r-A-SIJ~. L. 15 ~/&b S a f1..Ur;" J. 11-~rc::;D copy of the original (1 A, Jplfl-flJ.r ell/tL and made known to ;/-1 tv<- the contents thereof. So answers, bqugY-;;r:JJ:J.Ak. FitW1u~ Sh . of County, PA Sworn and subscribed before me this _ day of ,20_ COSTS SERVICE l\.1ILEAGE AFFIDAVIT $ $ c u VV\ ~( \ a ""\ C)v\,\ ~'1 ~ D5~ 5 '~D'1 SHERIFF'S RETURN - REGULAR 4 CASE NO: 2006-00121 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN MARTHA DREISBACH VS GARY'S SALVAGE YARD ET AL TAMMY L SHANK County, Pennsylvania, who being duly sworn according to law, , Deputy Sheriff of FRANKLIN says, the within COMPLAINT was served upon the BRIGGS JASON L. , 2006 DEFENDANT , at 0013:45 Hour, on the 18th day of May at FRANKLIN CO SHERIFF'S OFFICE 157 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 by handing to JASON L BRIGGS a true and attested copy of COMPLAINT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 Sworn and Subscribed to before me this ~ day of &00 mo~~"U:-' A.D. (L Nota;;!L ~ So Answers: t, Notarial Seal Richard D. McCarty, NotarY PubliC Chambersburg BolO. F....,kIin CountY My ComlT\iSIiOn ExplnII Jan. 21. 2007 A H 3 \ute rnSd t'Wt.Q C81Yl{lu1Lj alsl6 \J(L\'-#ll l)fetsbam lZ \~ KCKiPer Rata. ~CL~,sbLLr(" pfl.. l7<<. ~fo " ~\ n __ s. \.iCl, ,~Lj6 ~fa.l,,~e. ~ar~ . \V\ Lr~K.v4rw t<l\. \\)t2 uJ vOle \ ~ t+ '\ ~:'\ '-I \ Q ~ . ~o.~~ I--. 8(\C\QS : 7,0 WaJn tLT f{o'1Jon1 'f!.ottc/.. : <5htp0tU15WJC1 lOA I q ~ sq. RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OS: .?~-=f CNIL 19 PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions} is (~a(ssue.) q 2. The claim of the plaintiff in the action is $ I ,(" The counterclaim of the defendant in the action is The fO~O: \ llorneys~ interested in the c~as slit or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. S:rerljd~te:' umtUfot- cL ORDER OF COURT AND NOW, , 19_, in consideration of the foregoing petition, Esq., and actions) as prayed for. Esq., , Esq., are appointed arbitrators in the above captioned action (or By the Court, PJ. ;c) D .0.. t """' ~ ~ (") r--.~ C:J 0 ,.,.- c:::::> '--..-- ~n ..:.' c.:Y' C> C0 :.:;1 r"i t-fi :IJ ~ (} -v . l - ('.) g8 W f' \.0 i<~S~: -cJ \" CI'\ f-' ---~~ :-:.:'~' (-) \" ~ C...) -:;n' "-~'./ --{ r C> 1:) ?D w :-.-.: ..f- ~ AHs\-a.te +(\s(j~ C81YtfW1lj {,tls16 \)a\*VU. l)retsba.m \2 \a4 Karp€( Raut ~ClJ.~b11fg \ PI+ l'1a ~to ~o.~ S S'a.lvap.e. '1anA . \V\-JLr€l.KV~LU ~~. tJa\AJ \/O\e\ ~ft \ 'l::\~' q ~ . ~ll~~ J.-. &q~S ; 7,D WcUnLL-t ~o1lon1 r?b4..d. : <Sh\po(l(\SbUr~ lOA I q ~ S-9- RULE 1312-1. 1be Petition for Appointment of Arbitrators shall be substantially in the following fonn: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.(J5: .?-<3D-=f CNIL 19 PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions} is (are at'ssueq. n 2. The claim of the plaintiff in the action is $ I I The counterclaim of the defendant in the action is The fo~ing ttomeys are interested in the cas. e(~' as co~el or are otherwise disqualified to sit as arbitrators: 'jQ\ . 'E3.3(y, WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. SWEartc'&rauIot-L Esq., and actions) as prayed fo ORDER OF COURT ~OOft , 1'9_, in consideration of the Esq., ~ e. ,Esq., are appointed arbitrators in the above captioned ~ fi 4 ~ gr~: tSF, 66: ~P- :;:;duJ u..:x:. \- lJ- o ~~ c::> ..::: c;., :C ..a: - - (:) -0- g ~ ~ 1 -- c:::;:1 cr '- V'\ ?;~ ~ -' -0 eo ~e . rrJ j:: ""'0 ~ 2't~- N -lSt9 ~;: -;;,. u:> <") .L e, <::,~C) ~f~.' :-C"':'YI -- - z"" -0 c:; 0 ~ ~t 1:.': f' -cJ ...,.. Zrn 0 \.,J 'i! .::::.\ (A ?- z ~ \' 2. - ~ CI'\ w \ D '1:> ( t: - 1- (;..) o ...0 c:::> ~ '2::- ~~ _~,f.s .-~:\% ?j~ .:1.1 C'_ :? 5 o (VI o.cltilt Dfl..f..16ba J-J Plaintiff Go..P-~ 1; 5df ! VCl1-t '7l.t.<L,Y) eA.... 0 jlJ 3 Vr"\ '-". r;fl-/~q 5 Defendant j In The Court of Common Pleas of Cumberland County, Pennsylvania No. 0 :J- ~1 t) 7 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidel~ Jj r iE~ --- ~~ Signa J<~1f 'j ~cnanno Name C+ ~d~ Law Firm Jot }.4arttf sf. Address Signature Du II{ f, 5h.L"hl,lVt)R- Name (Chairman) Dler 1?eR/C'1' Name {....1IfW 0 ftf'l: ~ J>,~ It. 1'l~V.. fEf~, Law Firm Law Firm [0 W, Ji(cr~-K Address Co.aJI-7(f/p \IDI3 City, Zip Lfv s. ~~. Address Co,~l J{ t. City, / f 11. 17u IJ Zip J-t MOl( rtJ City, 17ot-/3 Zip 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.) ~ ~ \ ~ ~ ~ J ~ vtJi1.. 0 f...:tb ~ l>e{ {7 n j) t'1\I1) .~, IA I J c ,iJ 'Y a. a...fJ -LJ~(7 ~ Notice olEntry of ward Now, the J~ day of November, 20 Df..p , at q:J./ , -A....M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Date of Hearing: h;;Lf/06 I Date of Award: JI//L)!vb (Chairman) -=- Arbitrators' compensation to be paid upon appeal: $ d90.0D By: Prothonotary (\1 C\~;thct D(l.t.J6baJJ Plaintiff In The Court of Common Pleas of Cumberland County, Pennsylvania No. 0 tJ- 5<to 7 G-c...fL'Jlj 5dj !UC,1-l '7~(LY) <<vIO Jl) ~ th1 '-, &a..j~q S Defendant j Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidel~ JJ t ~...{'J( t. City, =IF I()~ 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.) Signature D utI{ ~ 5h"'1 h" IVt)(L Name (Chairman) Law Firm [0 W, J~{cr~ ~ Address CoJUI"7 Ii'l P \1013 City, Zip ~ 1d.535 Civil Action - Law. ~i!/? ---- ~~ 1<<-1('1 ~a1af7nO Name ~~ 'J>v.M<. J lAJlldvuY Law Firm · DIRt' l?eraRV Name L.4W 0 f("l: 01- ~L~Jc .~~~ 8'6(, Law Firm 'if( s. ~~. Address 30 I Marttf sf. Address / f/l. 17v/J Zip /-.(, trtQL( I1.J City, =It "~31 J7ot-/3 Zip IN e- ~ \ ~. ~~. r c(..,)(}fL.. <:>i-41r. -e \>e{{" U f) P f\!~l G-c-t '~, (A 1 J , ~ 'I 0..12-.1) -LJ ~1(7 ~ Notice of Entry of Q ~ard Now, the J~ day of November, 20 D~ , at q:J./ , A.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Date of Hearing: Ii/; tt,/D b f Date of Award: ) //1 t.j P b ents. (Insert name if applicable.) "til. lChainnan) I~= ~ C(t) ....---- Arbitrators' compensation to be paid upon appeal: $ Prothonotary cX90.00 By: Deputy . ~t~ ~~~tt~0 I~ ..#- ~\~ /,dJI ~\>\~. ,,\~~ ,;.- , 1'~+ 0''\ t..D r~::.