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HomeMy WebLinkAbout02-1495;oMMONWEALTH OF PENNSYLVANIA cOURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL 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 mentioned below. MAG. DIST. NO. OR NAME OF D.J. NAME OF APPELLANT ]~.C~.e3- ~ So~rt C%TY STATE Z{P CODE ADDRESS OF APPELLANT ~,~ ~/[~.Ti_~; d~ ~e p~,. 17090 325 Dark Ho[lo~¢ Road (DEFENDANT) DATE OF JUDGMENT IN THE CASE OF (pLAINTIFF) CV YEAR_ LT YEAR__ 'his block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see~ PA R.C.P.J.P. :LC.P.J.P. No. 1008B. I'his notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. S~gnature of p~thonotary or Deputy No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. ~ TO ENTER RULE TO FILE COMPLA-''~AND RULE TO FILE (This section ot form to be used ONLY when al~pellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. iF NOT USED, detach from copy o! notice of appeal to be served upon appellee. PRAECIPE: To ProthonotarYBradleY K. LB. tlYer , appellee(s), to tile a complaint in this appeal Enter rule upon __ Name of appellee(s) service of rule o~nt~3~judgment of non pros. (Common Pleas No.~)_-~.--~~~''J within twenty (20)days after ~~ ~1~/~ '~ ~ RULE: To Bradley K. Lauv_er _, appellee(s) - Name of appellee(s) (1) You are notified that a rule s hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of se~..:ce of this:[ule upon you by personal service or by certified or registered mail. (2)il you do not file a~eomplaint Within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE'~ (3) The date °f service'pr th'is rule"f service was bY mail is the date °f the mailing' ~o,f p~t~t~a~ ' Date: ..~~ °~7 ., Year ~ ~ .... Signature White _ Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink Appellee Copy Gold - D.J. Copy Proth. - 76 SWORN (A~RMED)~AND SUBsoRi'BE--D BEFORE ME THIS __ DAY OF __ ,YEAR PROOF OF SERVICE OF-N~TiCE~ OF APPEAL AND RUL ' ' ~ (This proof of service MUST BE FI '~. --- E TO FILE COMPLAINT ............................ LED. WI.T.I'?~'"'TEN~{10) uAYS AFTER filing the notice of appea Check I : . ,.~ ,,, , . -' ..................................... . app cable ..... COMMONW ~_AL-~,I~ :~ _; SS AFFIDAVIT: I hereby swear or'affirm lhat I served ,ece,p, attached hereto and upon the aD~3e .. ...... .h, ~],... ,., . ,~ ,~,~.me~ (reg,st,red)ma I, sender's , year .... [] by personal service [] by (certified) .......: ~1 .___L~ .. ~ , on " (registered) mail sender's receipt attached beret . · '~1 and ~rther,th~t I served the Rule~3 File a Complaint accompanying the above Notice of Appeal upon the aPc~llee(a) to whom the Rule was addressed on _, ye~ '" '" "~, [] by personal service [] by (certified) (registered) Title of official My COmmission expires on ~i~i~'~' ~ ! ~i~ S~Tnature~fAffiant COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND ~ Mag Di,~ No.: 09 - 1 ' 02 DJ Name: Hon ROBERT V. MANLOVE ~s~: 1901 STATE STREET CAMP HILL, PA Telephone: (717) 761-0583 ATTORNEY DEF pRIVATE : 17011-0000 ANDREW C. LEHMAN, ESQUIRE 2411 N- FRONT STREET NEALONAND GOVER, P-C' HARRISBURG, PA 17110 NOTICE OF jUDGMENT/TRANSCRIPT CIVIL CASE PLAiNTiFF: NAME and ADDRESS ULAUVER, BRADLEY K 659 LANCASTER AVE HARRISBURG, PA 17112-2254 L VS. DEFENDANT: NAME and ADDRESS "~ F-GO~, MICFJkSL A 325 DARK HOLLOW RD SHERMANSDALE, PA 17090-8205 ate Filed: 12/17/01 THIS IS TO NOTIFY YOU THAT: Judgment: ~ Judgment was entered for: _~-~ Judgment was entered against: (Name) in the amount of $ _____------ ?.q'/."/1~ on: ~ Defendants are iointly and severally liable. ~-~ Damages will be 'assessed On: - ~-"~ This case dismissed without preiudice. Amount of Judgment Subiect to [~ Attachment/Act 5 of 1996 $_ (Name) ~ (Date of Judgment) (Date & Time) Amount o! judgme'dt Judgment Costs interest on Judgment Attorney Fees ;otal =Dst Judgment Credits Post Judgment Costs ~-224.21 73.5 [-------.o 297.7! ~Levy is stayed for~ days or ~ generally stayed. - Certified Judgment Total · · v has been flied and hearing will be held: __ .~ - ~-~ -- II 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 A COPY T W,T" YOU..OTiCE OF APPEA'-. M / --~-'~ ~ .... U ' . '"" , Di.s.t¢iCtJu§tiC-.e ~xoires first Monday of January, . 2006 My command,u,, ~.-,- '~,~,, ,.,," ' AOPC 315-99 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF __ _; ss AFFIDAVIT: I hereby swear or affirm that I served r~ acopyofthe Notice.:f A. ppeaI, Common Pleas No. ~)~, /~/q~'' Cl¥~' ~_~J~ , upol~the Distdct Justice designated there n on (date of service)_J~. I __ __, year~, J--J.b.~,l~er~sonal service J~y (~(registered)mail, sender's receipt attached hereto, and upon the appellee, (name ~'J~Jf~,..J~ J~. ~ on ~L'~l' I , year ~li~l~__, U by personal sew,ce [] by (~registered) mail, sender's receipt attached hereto. J~and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Bu,e was addressed on afr ..... .... [] bypersona, serv,ce by eg,stered, mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME My commissionoxpireson ~ll~/ ---, yoar~tJ~. Signature of Affmnt Notarial Seal J Susan A. M~oerry, Notary Public Lemoyne Bom, Cumberland County ~ co~m~ea ~ A.g. ~, 2oo3 Memt~er, Pennsylvania Association of EDITH E. JOHNSTON Plaintiff V. RONALD HILL Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 1485 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO ENTER APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Plaintiff, Edith E. Johnston, in the above captioned case. Respectfully Submitted, IRWIN, McKNIGHT & HUGHES Date: April 15, 2002 Do-~glas ~. Miller, l~squl~e Supreme'Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Ronald E. Hill 328 Lowther Street Lemoyne, PA 17043 Date: April 15, 2002 IRWIN, McKNIGHT & HUGHES Douglas GOMiller, ~sqmre Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff, Edith Johnston BRADLEY K. LAUVER, Plaintiff MICHAEL A. GORMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1495 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. 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: Date: August 20, 2002 MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 87326 ~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff F:~ILES~DATAFILE\Gendo¢ cur\ 106731 -com. l/thy Created: 07/25/02 04:45:56 PM Revised: 08/20/02 04:12:32 PM 10673. l BRADLEY K. LAUVER, Plaintiff MICHAEL A. GORMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1495 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAIN~T AND NOW, comes the Plaintiff, BRADLEY K. LAUVER, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff, Bradley K. Lauver, is an adult individual residing at 659 Lancaster Avenue, Harrisburg, Dauphin County, Pennsylvania 17112. 2. Defendant, Michael A. Gorman, is an adult individual residing at 325 Dark Hollow Road, Shermans Dale, Perry County, Pennsylvania 17090. 3. On or about August 10, 2001, Plaintiff owned a 1985 Chevrolet Corvette automobile with Pennsylvania registration plates EVEANNE, which was involved in the accident described herein. 4. On the aforesaid date, Defendant was the operator of an early model Jeep, year, model, and registration plates unknown. 5. On the aforesaid date at approximately 3:00 p.m., Plaintiff's vehicle was legally parked in the parking lot of the United States Post Office, 1675 Camp Hill Bypass, Camp Hill, Pennsylvania 17011. 6. At that same time and place, Defendant was pulling out of a parking spot. 7. Defendant's vehicle spun his tires in the stone portion of the parking lot, causing stones to strike Plaintiff's vehicle. 8. The accident was directly and proximately caused by the negligence and carelessness of Defendant, which consisted, among other things of the following: a. Operating his motor vehicle in a careless, reckless, and negligent manner; b. Failed to properly operate and control his vehicle; c. Failed to observe Plaintiff's vehicle before backing up; d. Failed to operate his motor vehicle with the proper control so as to prevent stones from striking Plaintiff's vehicle; e. Failed to keep a proper look-out; f. Failed to use due care under the cimumstances; and g. Operated his motor vehicle in disregard of the rules of road the ordinances of the local municipality and the laws of the Commonwealth of Pennsylvania, including, but not limited to the Motor Vehicle code, 75 P.A.C.S. § 3333; 3702; 3703; 3714; 3736; and 3735. 9. As a direct and proximate result of Defendant's negligence, Plaintiff sustained damages in the amount of $224.28. A copy of the repair estimate is attached hereto as "Exhibit A." 10. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $224.28 plus costs, fees, and interest. t-I~rv~R. Galloway,-~t.~ I. D. Number 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: August 20, 2002 Attorneys for Plaintiff Exhibit A (717) 540-7500 CD LOG NO 2690 ALLSTATE IN~URANQE COMPANY HARRISBURG MCO 6345 FLANK DRIVE HARRISBURG, PA 17112 SUPPLEMENTS: SHOP CALL 1-800-726-8890 X3030 -0 10-22-01 9:50 A_M ESTIMATE CLAIM INFORMATION CLAIM # 1554227890B02 INSURED GORMAN, MICHAEL A CLAIMANT LAUVER, BRAD POLICY # 018361996 LOSS DATE 10-10-01 LOSS TYPE LIABILITY INSPECTION TYPE FIELD APPRAISER NAME MARCIA YOUNG LICENSE # 150232 WORK PHONE (717) 540-7591 ADDRESS 6345 FLANK DRIVE CITY STATE HARRISBURG ZIP 17112- PA FAX (717) 957-3699 INSP DATE 10-22-01 LOCATION CAMP HILL P.O. CITY STATE CAMP HILL OWNER LAUVER, BRAD WORK#(717) 737-1461 HOME~(717) 737-1461 REPAIR ATTN NICK NICK'S BODY SHOP INC. 1110 EISENHOWER BLVD HARRISBURG PA 17112- SHOP PHONE (717) 939-3535 SHOP LIC# CAR IN CAR OUT REPAIR FAX DAYS VEHICLE 1985 CHEVROLET CORVETTE STD 2 DR COUPE 8CYL GASOLINE 350 OPTIONS TWO-STAGE - EXTERIOR SURFACES POWER FRONT SEATS GLASS ROOF PANEL AUTOMATIC TRANS TWO-STAGE - INTERIOR SURFACES POWER DOOR LOCKS HEATED TAILGATE GLASS CRUISE CONTROL BODY COLOR SILVER MILEAGE CONDITION GOOD VIN LICENSE ~ EVEANNE CODE LICENSE STATE PA VEH INSP # 74,853 1G1YY0782F5103870 Ul14 REMARKS: ATTN REPAIR SHOP:ALL SUPPLEMENT REQUESTS MUST BE CALLED TO 1-800-726-8890 EXT 3030 .... DO NOT CALL ADJUSTER FOR SUPPLEMENTS FAILURE TO CALL HOT LINE MAY RESULT IN NON-PAYMENT OF NON-APPROVED SUPPLEMENTS -1- 1985 CHEVROLET CORVETTE STD 2 DR COUPE CLAIM # 1554227890302 LOG.2690..' -0 BETTERMENT TAKEN ON PRIOR PT PEEL ON BUMPER COVER 10-22-01 9:50 AM OP CODES: * = USER-ENTERED VALUE EC = COMPETITIVE PART TE = PARTL REPL PRICE I = REPAIR TT = TWO-TONE N = ADDITIONAL LABOR /LA = APPEAR ALLOWkNCE OP GDE MC DESCRIPTION I 0006 L 0006 COVER, FRONT BUMPER COVER, FRONT BUMPER EC M03 FLEX ADDITIVE E = REPLACE OEM EU = RECYCLED PART ET = PARTL REPL LABOR L = REFINISH CG = CHIPGUARD RI = R&I ASSEMBLY RP = RELATED PRIOR MFR.PART NO. REPAIR REFINISH 3.1 Surface 0.6 Two-stage setup 0.6 Two-stage COMPETITIVE PART NG = REPLACE NAGS EP = COMPETITIVE PART IT = PARTIAL REPAIR BR = BLEND REFINISH SB = SUBLET p = CHECK UP = UNRELATED PRIOR PRICE AJ% 3% 4O 8.00' HOURS R 2.0'1 4.34 3 ITEMS FINAL CALCULATIONS & ENTRIES PARTS GROSS PARTS OTHER PARTS PAINT MATERIAL ADJUSTMENTS DISCOUNT PARTS TOTAL TAX ON PARTS & MATERIAL @ 6.000% LABOR RATE i-SHEET METAL $ 36.00 2-MECH/ELEC $ 36.00 3-FRAME $ 36.00 4-REFINISH $ 36.00 5-PAINT $ 15.00 REPLACE HRS 4.3 MARKUP LABOR TOTAL TAX ON LABOR @ TAX ON SUBLET @ SUBLET REPAIRS TOWING STORAGE 6.000% 6.000% GROSS TOTAL LESS: BETTERMENT & TAX NET TOTAL PXN Y/00/00/00/00/00 CUM 00/00/00/00/00 $ 8.00 $ 64.50 REPAIR HRS 2.0 $ 72.50 $ 4.35 $ 72.00 $ 154.80 $ 226.80 $ 13.61 $ 317.26 $ 92.98- $ 224.28 Geocode: 17112 HARRISBURG -2- 1985 CHEVROLET CORVETTE STD 2 DR COUPE CLAIM # 1554227890B02 LOG.,2690.. -0 10-22-01 9:50 AM SPPL Yes ADP PENPRO W040 Geocode: 17872 CENTRAL PA ES LOG 2690 -0 10-22-01 09:54:17 REL 4.00 CD 09/01 COPYRIGHT, AUTOM~ATIC DATA PROCESSING, INC. 2000 1.2 HRS WERE ADDED TO THIS EST. BASED ON ADP'S TWO-STAGE REFINISH FORMULA. ALLSTATE WILL NOT BE RESPONSIBLE FOR A/qY RELATED TOWING SERVICES OR STORAGE CHARGES, KNOWN AT THE TIME OF APPRAISAL, AFTER ~~TER WHICH THE CHARGES WILL BE THE RESPONSIBILITY OF THE CONSUMER. THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AFTERMARKET CRASH PARTS. IF THE USE OF AN AFTERMARKET CRASH PART VOIDS THE EXISTING WARRANTY ON THE PART BEING REPLACED OR A/~Y OTHER PART, THE AFTERMARKET CRASH PART SHALL HAVE A WARRANTY EQUAL TO OR BETTER THAN THE REMAINDER OF THE EXISTING WARRANTY. WARRANTIES APPLICABLE TO AFTERMARKET CRASH PARTS ARE PROVIDED BY THE M3LNUFACTURER OR THE DISTRIBUTOR OF THESE PARTS NOT THE ORIGINAL NLANUFACTURER OF YOUR VEHICLE. ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE OR DEFRAUD ANY INSURER FILES AN APPLICATION OR CLAIM CONTAINING FALSE, INCOMPLETE OR MISLEADING INFORMATION SHALL, UPON CONVICTION, BE SUBJECT TO IMPRISONMENT FOR UP TO SEVEN YEARS AND PAYMENT OF A FINE OF UP TO $15,000. IT IS TO OUR MUTUAL INSTEREST THAT YOU RECIEVE PROMPT AND COURTEOUS SERVICE ALONG WITH QUALITY REPAIR WORK AT A FAIR PRICE. IF YOU HAVE A PREFERENCE FOR A PARTICULAR SHOP, YOUR ADJUSTER WILL WRITE OR APPROVE AN ESTIMATE OF REPAIRS WITH THAT SHOP BASED ON COMPETITVE PRICES IN THE AREA. INFORMJ~TION REGARDING REPAIR FACILITIES, WHICH MAY BE ABLE TO REPAIR THE VEHICLE FOR THE APPRAISED AMOUNT, IS AVAILABLE FROM YOUR ADJUSTER OR INSURER. HOWEVER, THERE IS NO REQUIREMENT TO USE ANY SPECIFIED SHOP. COSTS ABOVE THE APPRAISED AMOUNT MAY BE THE RESPONSIBILITY OF THE VEHICLE OWNER. ALL SUPPLEMENTS MUST BE APPROVED PRIOR TO REPAIR. AFTERNiARKET CRASH PARTS ARE IDENTIFIED IN THIS ESTIMATE WITH THE SYMBOL "EC", 'EP" (COMPETITIVE PART) AND "EU" (RECYCLED PART). AN "AFTERMARKET CRASH PART' IS A NON-ORIGINAL MANUFACTURER (NON-OEM) REPLACEMENT PART, EITHER NEW OR USED, FOR ANY OF THE NON-MECHANICAL PARTS THAT GENERALLY CONSTITUTE THE EXTERIOR OF THE MOTOR VEHICLE, INCLUDING INNER AND OUTER PANELS. NEW, ORIGINAL EQUIPMENT MANUFACTURER, REPLACEMENT PARTS ARE IDENTIFIED BY THE LETTER "E" AND CAN BE LOCATED AT ANY ORIGINAL EQUIPMENT MANUFACTURER PARTS DEALER. ~/ ) ADJUSTER ~?/14~ LICENSE ~ [,~-~)~ DATE ~ ~7~ ~. TO ALL REPAIR FACILITIES: BEFORE USING AN AFTERMARKET SHEETMETAL PART, BE SURE TO LOOK FOR THE CAPA SEAL. THIS IS NOT AN AUTHORIZATION FOR REPAIR. SUPPLEMENTS MUST BE APPROVED PRIOR TO REPAIR. IF YOUR CAR IS OF UNITIZED CONSTRUCTION, IN SOME CASES THE REPAIR SHOP FlAY NEED SPECIAL EQUIPMENT TO -3- 1985 CHEVROLET CORVETTE STD 2 DR COUPE -0 10-22-01 9:50 AM CLAIM # 1554227890B02 LOG,,2,690'... PROPERLY REPAIR THE CAR. YOU SHOULD DETERMINE IF THE SHOP YOU SELECT TO COMPLETE THE REPAIRS IS PROPERLY EQUIPPED. -4- VERIFICATION The foregoing Complaint is based upon infom~ation which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is tree and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false avem~ents, I may be subject to criminal penalties. CERTIFICATE OF SERVICE I, Jody L. Boore, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Andrew C. Lehman, Esquire NEALON & GOVER, P.C. 2411 North Front Street Harrisburg, PA 17110 MARTSON DEARDORFF WILLIAMS & OTTO Jody Lfl~,~re Ten E/u~t/High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 20, 2002 BRADLEY K. LAUVER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02-1495 MICHAEL A. GORMAN, Defendant JURY TRIAL DEMANDED CIVIL ACTION - LAW ANSWER TO COMPLAINT AND NOW, comes Defendant, Michael A. Gorman, by and through his attorneys, NEALON & GOVER, P.C., and files the following Answer: 1. Admitted based upon information and belief. 2. Admitted. 3. Admitted based upon information and belief. 4. It is admitted that on August 10, 2001 defendant, Michael A. Gorman, owned a 1986 Jeep Cherokee bearing Pennsylvania Registration DTZ-6632. 5 - 8. Denied as stated; however, it is admitted that on August 10, 2001 at approximately 3:00 p.m. both plaintiff's vehicle and defendant's vehicle as described above were parked in the employee parking lot of the United States Post Office located at 1675 Camp Hill Bypass, Camp Hill, PA 17011. It is further admitted at that place and approximate time defendant exited the employee parking lot in his above-identified vehicle. The remaining averments contained in said paragraph are denied pursuant to Pa.R.C.P. 1029(e). 9. Denied pursuant to Pa.R.C.P. 1029(e). 10. It is specifically denied that plaintiff is entitled to $224.00 plus costs, fees, and interest as demanded and strict proof is demanded at trial. WHEREFORE, defendant Michael A. Gorman respectfully requests that the Complaint be dismissed with costs. Respectfully submitted, NEALON & GOVER, P.C. By:~ Andrew C. Lehman, Esquire I.D. #81,937 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Date: VERIFICATION I, Michael A. Gorman, verify that the statements made in the foregoing Answer to Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: ' Mich~ael A. Gorman BRADLEY K. LAUVER, Plaintiff VS. MICHAEL A. GORMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1495 JURY TRIAL DEMANDED CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this ,~day of September, 2002, I hereby certify that I have served the foregoing Answer to Complaint on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: David R. Galloway, Esquire MARTSON, DEARDORFF, WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Andrew C. Lehman, Esquire ' BRADLEY K. LAUVER, Plaintiff MICHAEL A. GORMAN, Defendant : NO. 1495 CIVIL2002 : : CIVIL ACTION - LAW JURY TRIAL OF TWELVE DEMANDED IN THE COURT OF COMMON PLgA$ OF CL~BERLAND COOl, FY, PENNSYLVANIA. RULE 1312-1, The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOIN~fENT OF ARBITRATORS TO THE HONORABLE. THE JUD~.ES OF SAID COURT: David R. Galloway, Esquire , counsel for the plaintiff/~l~fam~a~t in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $.224.28plus costs, Fees & interest. The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are other- wise dis~ualified to sit as arbitrators: MARTSON, DEARDORFF, WILLIAMS & OTTO, Ten East Hmgh St., Carlisle, PA 17013, and Andrew C. Lehman, Esquire, NEALON & GOVER,PC, 2411 North Front Street, Harrisburg, PA 17110. WHEREFORe, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. A~D NOW, _~_~,z~ ~/~ / / , 1~-, in co the Esq., and ~.~ _/~ ~_~- ,Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. In The Court of Common Pleas of Cumberland County, Pennsylvania OATH We do soimrm~ly swear (or affirm) chac we will support, obey and defend ~he Constitution of ~he United S~ates and the Constitution of t~is Connnon- We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If d~m~ges for delay are awarded, they shall be separately stated.) applicable.) Date of Hearing: Date of Award: . Arbitrator, dissents. NOTICE OF ~-NTRY OF AWARD (Insert name if award was entered uoon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid uoon appeal: BRADLEY K. LAUVER, Plaintiff, VS. MICHAEL A. GORMAN, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 02-1495 JURY TRIAL DEMANDED CIVIL ACTION - LAW PRAECIPE TO DISCONTINUF TO THE PROTHONOTARY: Please mark the above-captioned action settled, satisfied, and discontinued. Date: Respectfully submitted, MARTSON, DEARDORFF, WILLIAMS & OTTO By: 10 East High Street Carlisle, PA 17013 717/243-3341