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Home My WebLink About01-2428 · ? NOTICE OF APPEAL C~M~4__ WEALTH Of pENNSYLVANIA COURT OF COdV~i~ PLEAS of Cumberland County JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT Dis'~rict Justice Thomas A. Placey 104 D. Sporting Hill Rd. CQMMOflPLEASN~ Mechanicsburq, PA 170.~(1 NOTICE OF APPEAL Notice is given that the G~,~k~nt has flied in the above Court of Commofl P~eas an ~ from the judgmeflt re~lemd by the District Justice no the date ar~l in the case mentiorled bek)w. Fox Po61 Coporation c.~ ~x~ ~ ~u~ 17402 1883 Whiteford Rd. York PA -~-~'~"~ 2001 Steven & Marylou Colarossi ._.~_~ox~P_,~o°o~l ~°~rp°rat;l°n CV ~Jl~ 0000134-01 ' ............. :- ~uired ~,r~- PcL R£J)JJ~. Nc~ # ~,~.~r was CLAIMA/gT (see F~. R.C.P.J.P./go. This bk)ck will be ~ (~,~ILT w~efl mis r~r~ .... 1008& 1001 (6) in action before District Justice, he MUST This Notice of Appeal, when recei~.cl by the District Justice, will operate as a SUI~'~SEDEAS to th~ juckjment for possession in this cas~ FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. S/gna/ute of F~u;~-,.~ary of Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY whe~ appellant was DEFENDANT (see ,~. R.C.P~I.P. No. 1001(7) in action before District Justice. IF NOT USED, de~ach from copy of notice of appeal to be sen, ed upon appellee). PRAECIPE= To Profl~notory Steven & MaryLou Col arossi , Gl~,e4le~s). to ~ a complaint in this appeal Enter rule ~ ~rne RULE~ To Steven & M~r~vL0u Colarossi .amd~s~ (i) You am notified that a role is hem~y efltemd upon you to file a complaint in this appeal within twenty (20) days after the date of service of ~s rule upon you by personal service or by certified or registered mail (2) ff you do not file a con~3int within this time, a JUDG/~ OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of se~ice of this rule if service was by mall is the date of m~linG/,~ C),~: ~ [...2o"' , 20~.~J-. [ ~ '* ~'~"/~' ~ · COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal Check applicable boxes) COMMON WEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear of affirm that I served [] a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , [] by personal service ID by (certified) (registeredi mail, sen~ler's receipt attached hereto, and upon the appelle, (name) , on , 20~ [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ,20 .... [] by Personal service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ,20 Signature of affiant ~ignatum of official before' Whom affidavit was made ~ Title of official My commission expires on , 20__ COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT COUNTY OF: CI3~E]~T,~a~'D CIVIL CASE PLAINTIFF: NAME and ADDRESS I Mag. Dist. No.: 09 - 3 ' 04 FCOLAKOSSI, STE'v-EN/~YLOU D~Na~.:Ho,, C/O PO BOX 2013 / EP~IE THOMAS A. P[~ACEY MECHANICSBURG, PA 17055 ~re.s: 104 S. SPORTING HILL P~D. / --J MECHANICSBURG, PA VS. DEFENDANT: NAME an¢ ADDRESS Teleohone: (717) 761-8230 17050 i-FOX POOL CORP. 1883 WHITEFORD RD. YORK, PA 17402 FOX POOL CORP. ~_~ 1883 WHITEFOKD KD. OocketNo.: CV-0000134-01 · YORK, PA 17402 Date Filed: 2/27/01 I THIS IS TO NOTIFY YOU THAT: Judgment: D~'AULT GITD~ ~'~ Judgment was entered for: (Name) Cnlr.~,wn.~-~T: ~--1 Judgment was entered against: (Name) ~o3¢ ~x37. ~J3Rp. in the amount of $ · I: Rqq L ~o on: (Date of Judgment) 4/1 ~../111 ~ Defendants are jointly and severally liable. (Date & Time) ~ Damages will be assessed on: Amount of Judgment Judgment Costs 54.5 0 Interest on Judgment ~---~ This case dismissed without prejudice. Attorney Fees $ o 0 0 Total $ 1~899.50 [----~ Amount of Judgment Subject to Attachment/Act 5 of t 996 $ Post Judgment Credits $ Post Judgment Costs $ ~ Levy is stayed for days or ~ generally stayed ......... ======= Certified Judgment Total $ [--~ Objection to levy has been filed and hearing will be held: Time:Date: [/Place: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU : : , ~:."..." ..-. '.,... · ,, . - '~ .. · · , - '~',:~,'..':'/,.:/:~.~. '. . ,,.'. . . ua~e ,~,-.¢'/.,,.'&~.a'~ - / ' ~ ..... ~' , ' : .,', ~"¥ ~-- '" '/"' ' ;of"' ' ' rec°rd°'' the.p'f ~eedings' '" ' ,.' '" certify that this isa ti:ue an~(~ormst'c0PY the containing the JUdgment. ' Date , District Justice My commission expires first Monday of January, 2004 SEAL AOPC 315-99 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED W/THIN TEN (lO) DAYS AFTER filing the notice of appeal. Chock applicable boxes) COMMON WEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ', ss AFFIDAVIT: I hereby swear of affirm that I served ~ a copy of the Not ce.of Ag[~ea~Corn~m~o..n.Pleas No. ~,z~~Tel~,,,,the D~stnct JustiCe designated ,there,.n o tdato of service) Apr1 / Et) ~ /UUt n by personal serviceA[] by (certified[ (registered) mai{, sen~3er's ...... Steven & MaryLou Colaross~ on receip;~ atta~13ed..bereto, and uRQn the appe~le, (name) , /~pr'l / zb , 20 ut [] by personal serviceX~ by (certified) (registered) moil, sender's rece pt attached hereto. )/Ii( and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on Apri 1 26 ,20 01 [] by personal servic~l~l by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME THIS 26~h DAYOF April ,20 01 /~--~'~'"~ ~'/"~· f '"STgnatu~eofafant ~S~ature of ofcial before whom affidavit was made nj Fox Pool Corporation v. ColaroSsi ru ~ Postage =r File No. 654-13 ru c~..,~ F,* 4.26 01 Postmark Return Receipt Fe~ Here (Endorsement Required) nj [ UlSl;rlCl; oustlce Jnomas A Flacey :=/'~)~'~"~'T~'~'&'~;. portl ng .......................................................... Hi 11 Rd. ~:' '~'"~'~"~' .............. i ................................. : ....... i ................ r ~ Fox Pool Corp v. Col arossi nj · : Post.~ $ File No. 654-13 nj Certified FS* .26.01 nj Tol~l PoMage & F~ ~~dnt Cl~y)~ ~ completed ~y reeled ~r a mrs. ~teven ~omarossl ~ PA John R. Ninosky, Esquire Attorney I. D. No. 78000 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Plaintiff STEVEN and MARYLOU COLAROSSI : IN THE COURT OF COMMON PLEAS OF 3968 Brookridge Drive : CUMBERLAND COUNTY, PENNSYLVANIA Mechanicsburg, PA, 17055 : Plaintiffs : CIVIL ACTION - LAW : vs. : NO. 01-2428 CIVIL TERM : FOX POOL CORPORATION, : 1883 Whiteford Road : York, PA 17402 : Defendants : JURY TRIAL DEMANDED NOTICE TO THE DEFENDANT: YOU HAVE BEEN SIIED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 (800) 990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: {717) 249-3166 (800) 990-9108 62689.1 John R. Ninosky, Esquire Attorney I. D. No. 78000 GOLDBERG, KATZ~%N & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Plaintiff STEVEN and MARYLOU COLAROSSI : IN THE COURT OF COMMON PLEAS OF 3968 Brookridge Drive : CUMBERLAND COUNTY, PENNSYLVANIA Mechanicsburg, PA, 17055 : Plaintiffs : CIVIL ACTION - LAW : vs. : NO. 01-2428 CIVIL TERM : FOX POOL CORPORATION, : 1883 Whiteford Road : York, PA 17402 : Defendants : JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, Steven and MaryLou Colarossi, by and through their counsel, Goldberg, Katzman & Shipman, P.C., who files this Complaint by respectfully stating the following: 1. Plaintiffs are married adult individuals who currently reside at 3968 Brookridge Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055-2103. 2. Defendant is a corporation licensed to conduct business in the Commonwealth of Pennsylvania and has a business address of 1883 Whiteford Road, York, York County, Pennsylvania, 17402. 3. On June 9, 2000, Plaintiffs contacted Defendant for a service call, because Plaintiffs' pilot light on their pool heater would stay lit. 4. Defendant instructed a technician, who was Defendant's agent, servant and/or employee, to proceed to Plaintiffs' home to repair the pilot light. Plaintiffs paid Defendant one hundred seventy-five dollars ($175.00) for this service call. 5. Defendant's technician failed to clean, or failed to adequately clean, the heat exchanger which was present in the Plaintiffs' pool heater. The technician's actions and/or inactions were within his scope of employment with Defendant. 6. On June 10, 2000, the day after Defendant's technician effectuated repairs to the pool heater, the pool heater was turned on to heat the pool for weekend use. 7. On June 10, 2000, a fire occurred in Plaintiffs' pool heater, which destroyed the unit. 8. The fire and resultant damages was directly and proximately caused by the negligence of Defendant's technician who was acting within the scope of his employment with the Defendant, by: a. Failing to adequately inspect the pool heater; b. Failing to clean the pool heater; c. Failing to adequately clean the bottom side of the heat exchanger contained in the pool heater; and d. Failing to remove leaves and other debris contained in the top side of the heat exchanger in the pool heater. 9. As a direct and proximate result of Defendant's negligence, Plaintiffs have suffered damages to the pool heater in the amount of $1,845. WHEREFORE, Plaintiffs demand judgment against Defendant in the amount of $2020, together with interest, delay damages, and costs of suit, which is an amount requiring this matter to be submitted to compulsory Arbitration. Respectfully submitted, GOLDBERG, KATZMAN & SHIPI~a.N, P.C. John~R. ~inos'ky, Esquire Attorney I. D. No. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiff VERIFICATION I, Steven Colarossi, have read the foregoing Complaint and hereby affirms that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. S f~v~n Colarossi VERIFICATION I, MaryLou Colarossi, have read the foregoing Complaint and hereby affirms that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. Mar~ou C~aro~i 62692.1 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed Js follows on May 9, 2001: Clyde W. Vedder, Esquire 32 North Duke Street P.O. Box 944 York, PA 17405 Attorney for Defendant GOLDBERG, KATZMAN & SHIPMAN, P.C. John ~. Nih0~y[ Esqui'ge 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiffs Telephone: (717) 234-4161 62696.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW STEVEN COLAROSSI and : No. 01-2428 MARYLOU COLAROSSI, his wife, : Plaintiffs : VS. FOX POOL CORPORATION, : Defendant : Civil Action NOTICE TO PLRAD TO: John R. Ninosky, Esquire 320 Market St. Strawberry Square PO Box 1268 Harrisburg, PA 17108-1268 You are hereby notified to file a written response to th~ enclosed Answer with New Matter within twenty (20) days service hereof or a judgment may entered against you. MORRIS & VEDDER DATED: May 30, 2001 BY:~~ y e W Vedde'f, Esquire 32 N. Duke St. PO Box 544 York, PA 17405 (717) 843 -9815 Supreme Court No. 32098 Doc. NO. Cwv2242 ORRIS & VEDDER 32 N. DUKI= ST. YORK. PA. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW STEVEN COLAROSSI and : No. 01-2428 MARYLOU COLAROSSI, his wife, : Plaintiffs : VS. : FOX POOL CORPORATION, : Defendant : Civil Action ANSWER WITH ~W MATTER AND NOW, TO WIT, this 30:h day of May, 2001, comes th, Defendant, Fox Pool Corporation, by its attorneys, Morris Vedder, and files this Answer with New Matter of which th following is a statement: I. ANSWER 1. Admitted upon information and belief. 2. Admitted. 3. Denied. The service call records speak for themselves By way of further answer, Defendant believes Plaintiff's pilo~ light would not stay lit and it was specifically retained t¢ repair the pilot light. 4. Admitted. 5. Denied. At all times relevant, Defendant's technician properly performed the services for which Defendant was engaged. Mo.ms&vgoog, 6. Denied. After reasonable investigation, Defendant i~ 32 N. DUKE ST. vo,K.,^, without knowledge or information sufficient to form a belief as t¢ the truth or veracity of this averment. Strict proof is demanded. 7. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of this averment. Strict proof is demanded. 8. Denied. Defendant was not the direct or proximate caus~ of the fire resulting in damage, if any, nor did it commit an~ negligence as more fully set forth in the following subparagraphs.I a. Denied. Defendant did not fail to adequately inspect the heater. b. Denied. Defendant did not fail to adequatel clean the pool heater. c. Denied. Defendant did not fail to adequatel clean the bottom side of the heat exchanger. d. Denied. Defendant did not fail to adequately clean the top side of the heat exchanger. 9. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as tc the truth or veracity of this averment. Strict proof is demanded. WHEREFORE, Defendant, Fox Pool Corporation, respectfult requests your Honorable Court to enter judgment in its favor an against Plaintiff, dismissing Plaintiff's complaint with prejudic( and costs. II. NEW MATTER By way of further answer, Defendant, Fox Pool Corporation MORRI$&VEDDER pleads the following new matter: 32,.~UK£ST. 10. Plaintiffs' complaint fails to state a cause of actio: against Defendant upon which relief may be granted. 11. Defendant had no duty to inspect or clean the pool 2 heater or heat exchanger. 12. Defendant properly cleaned the heater of all soot an~ dirt and otherwise acted in a careful, reasonable and pruden~ manner in performing the service call. 13. The fire was caused by persons, entities, occurrences conditions, instrumentalities or events unrelated to and not und( the control of Defendant. 14. Defendant believes and therefore avers that the fire was caused either by: 1.) low gas pressure, causing the glass tubes to burn internally; or 2.) a down draft, causing the sam~ situation. WHEREFORE, Defendant, Fox Pool Corporation, respectfull~ requests your Honorable Court to enter judgment in its favor an against Plaintiff, dismissing Plaintiff's complaint with prejudic and costs. Respectfully submitted, MORRIS & IrEDDER Clyde W. Vedde~r, ~Esq~ 32 N. Duke St. PO Box 544 York, PA 17405 (717) 843-9815 Supreme Court No. 32098 MORRIS & V£DDER Doc. No. Cwv4094 32 N. DUKE ST. YORK. PA,. COMMONWEALTH OF PENNSYLVANIA : : ss COUNTY OF YORK : Before me, a Notary Public, in and for the said County and State, personally appeared Clyde W. Vedder, Esquire, who, bein¢ duly sworn according to law, doth depose and say that Fox Pool Corporation is unable to sign this affidavit at the present time, as its counsel he has sufficient knowledge and information and is authorized to make this Affidavit on Fox Pool Corporation'~ behalf, Fox Pool Corporation is the source of his information a~ to matters not stated upon his own knowledge and the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief. A supplemental affidavit executed by Fox Pool Corporation will be file~ forthwith. ~yde W. Vedde~/WEsq~iire Sworn and subscribed to before me this 30th day of May, 2001. -/N~ary Public MORRIS & VEDDER ~' ~RIAL,gF..AL '1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION: LAW STEVEN COLAROSSI and : No. 01-2428 MARYLOU COLAROSSI, his wife, : Plaintiffs : : VS. : : FOX POOL CORPORATION, : Defendant : Civil Action CERTIFICATE OF SERVICE I, Stephanie M. Warehime, Secretary to Clyde W. Vedder Esquire, of the law firm of Morris & Vedder, 32 North Duke Street PO Box 544, City of York, York County, Commonwealth o Pennsylvania, 17405, do hereby certify that on this 30th day of May, 2001, I served a true and correct copy of Answer with Ne~ Matter, by placing the same in the United States mail, postage prepaid to: John R. Ninosky, Esquire 320 Market St. Strawberry Square PO Box 1268 Harrisburg, PA 17108-1268 MORRIS & VEDDER BY: ~/~z' ~ ~'~elJI~anie M. Warehime, Secretary Mo...s & YEOOE. to Clyde W. Vedder, Esquire 32: N. DUKE ET. YORK. PA. John R. Ninosky, Esquire Attorney I. D. No. 78000 ~OLDBER~, KATZMAN & SHIPMAN, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Plaintiff STEVEN and MILRYLOU COLAROSSI : IN THE COURT OF COMMON PLEAS OF 3968 Brookridge Drive : CUMBERLAND COUNTY, PENNSYLV~/qIA Mechanicsburg, PA, 17055 : Plaintiffs : CIVIL ACTION - LAW vs. : NO. 01-2428 CIVIL TERM : FOX POOL CORPORATION, : 1883 Whiteford Road : York, PA 17402 : Defendants : JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NEWMATTER AND NOW, come the Plaintiffs, Steven and MaryLou Colarossi, by and through their counsel, Goldberg, Katzman & Shipman, P.C., who files this Reply to New Matter by respectfully stating the following: 10. Denied. To the contrary, Plaintiffs' Complaint states a cause of action and judgment should be entered in favor of Plaintiffs. 11. Denied pursuant to Pa. R.C.P. 1029(e). 12. Denied pursuant to Pa. R.C.P. 1029(e). 13. Denied pursuant to Pa. R.C.P. 1029(e). 14. Denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Plaintiffs respectfully request that judgment be entered in their favor. Respectfully submitted, GOLDBERG, KATZI~kN & SHIPMAlq, P.C. JohnlR. Ninosky, Esq~re Attorney I. D. No. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorneys for Plaintiffs DATE: 63894.1 VERIFICATION I, MaryLou Colarossi, have read the foregoing Complaint and hereby affirms that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. MaryL~°u ~arossi DATE: 62692.1 I, Steven Colarossi, have read the foregoing Complaint and hereby affirms that it is true and correct to the best of my personal knowledge, or information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S. §4904. DATE: 62690.1 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows on June 5, 2001: Clyde W. Vedder, Esquire 32 North Duke Street P.O. Box 944 York, PA 17405 Attorney for Defendant GOLDBERG, KATZM_AN & SHIPM3LN, P.C. John ~. Nihbs~y,' Esq~re 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiffs Telephone: (717) 234-4161 62696.1 Steven and ~arylou Colarossi : IN THE COURT OF COMMON PLEAS OF Plaintiffs : CbR4BERLAND COUNTY, PENNSYLVANIA : NO. 01-2428 CIVIL 19 Fox Pool Corporation : Defendant : RULE 1312~1, The Petition for Appointment of Arbitrators shall be substantially in the following foma; PETITION FOR APPOINTMENT OF ARBITRATORS TO T~ HONORABLE, THE J~GES OF SAID COURT: Oo~ R. Ninos~, Essuire , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action ~ is~ at issue. 2020.00 2. The claim of the plaintiff in the a~tion is $ The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: Jo~ R. Ninos~, Esquire and ~de W. Vetter, Esq,,~re ~EREFORE, your petitioner prays your Honor~le Court to appoint three (3) arbitrators to whom the case shall be submitted. O~ER OF COURT MD NOW, , ~__in~-- consideration of the foregoing petition, ~~ ,~~-'~ Esq-, ~~.~ Esq., and ~_/~ ~~_ ,Esq., are appointed arbitrators in the / above-captioned action (or actions) as prayed for. the~Cou~~ ~ ~ P.J. By CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows on February 27, 2002: Clyde W. Vedder, Esquire 32 North Duke Street P.O. Box 944 York, PA 17405 Attorney for Defendant GOLDBERG, KATZMAN & SHIPMAN, P.C. BYJohn/K. Ninosky, Esqui %f 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiffs Telephone: (717) 234-4161 62696.1 John R. Ninosky, Esquire Attorney I. D. No. 78000 C, OLDBERG, KATZMAN& SHIP, S%N, P.C. 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attorney for Plaintiff STEVEN and MARYLOU COLAROSSI : IN THE COURT OF COMMON PLEAS OF 3968 Brookridge Drive : CUMBERLAND COUNTY, PENNSYLVANIA Mechanicsburg, PA, 17055 : Plaintiffs : CIVIL ACTION - LAW : vs. : NO. 01-2428 CIVIL TERM : FOX POOL CORPORATION, : 1883 Whiteford Road : York, PA 17402 : Defendants : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: PLEASE mark the above-captioned matter settled and discontinued. GOLDBERG, KATZMAN & SHIPMAN, P.C. ~oh~ R. Ninosky, Es~ire Attorney I. D. No. 78000 P.O. Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 //_ / Attorneys for Plaintiffs DATE:~/S-f~ ~, 80377.1 CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows on June 5, 2002: Clyde W. Vedder, Esquire 32 North Duke Street P.O. Box 944 York, PA 17405 Attorney for Defendant GOLDBERG, KATZMAN & SHIPMAN, P.C. By John R. Ninosky, Esquire 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 Attorneys for Plaintiffs Telephone: (717) 234-4161 62696.1