HomeMy WebLinkAbout06-3720
.,
Judicial District, County Of
JUu ~ .J.q ~Op
NOTICE OF APPEAL t
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 6iL.- 31.J.l) <eJ~ J
NOTICE OF APPEAL ---r-~
-,>-oMliloNWEAL TH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
ZIP CODE
cv- 06oroU8 - C{p
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D,J, No. 1008B.
This Notice of Appeal. when received by the District Justice. will operate as a before a District JusUce, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
$ignalure of Prolhonofery or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONL Y when appellant was DEFENDANT (see PaR.CP.D,J, No, 1001(7) in action before District Justice, IF
NOT USED. detach from copy of notice of appeat to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
appellee(s}. to file a complaint in this appeal
Nam9 of appellee(s)
(Common Pleas No,
) within twenty (20) days after service of rule or sulfer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To
. appellee(s)
Name of appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this ruie if service was by mail is the date of the mailing.
Date:
.20
Signature of Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY
PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE
~ .~
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 of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
; 55
AFFIDAVIT:
I hereby (swear) (affirm) that I served
o
a copy of the Notice of Appeal. Common Pleas
, upon the District Justice designated therein on
(date of service) .20 0 by personal service 0 by (certified) (registered) mail,
sender's receipt attached hereto. and upon the appellee. (name) . on
.20 0 by personal service 0 by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF . 20_.
Signature of affiant
Signature of official before whom affidavit was made
Title ofofficlaf
My commission expires on
.20_,
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(;OMMONWEAL TH OF PENNSYLVANIA
COUNTY OF: C'lJIIJIERLABD
09-2-02
NOTICE OF JUDGMENTfTRANSCRIPT
CIVIL CASE
PLAl NTI FF: NAME and ADDRESS
fTHE COJll'SIG1IIMDlT GALLERY WBST I
164 JII' BAJll'OVER ST
CARLISLE, PA 17013
L ~
Mag_ Dist. No.:
MDJ Name: Hon.
Address:
JESSICA BRBWBAXBR
1 COlJRTHOUSE SQ E WIJII'G
CARLISLE, PA
VS.
Telephone (717) 240-6564
17013
DEFENDANT: NAME and ADDRESS
IJilmTIJII'G, GAIlY
6273 RYBCllOPT DR
BARllISBlJRG, PA 17111
L
I
THE COJll'SIG1IIMDlT GALLBllY WBST
164 JII' BAJll'OVEll ST
CARLISLE, PA 17013
Docket No.: CV-0000068-06
Date Filed: 3/22/06
~
.
THIS IS TO NOTIFY YOU THAT:
Judgment:
DR!!'JlDLT .:mDaII1!:B"I' DR!!'.
[i]
[i]
Judgment was entered for:
(Name)
_V'1'T1Irr.! naVY
.
Judgment was entered against: (Name)
'l'RW I"!n1ll'ATmnnn1'1'
t:!.a.T.TOr
WIlV WRA'1'
in the amount of $
00 on:
(Date of Judgment)
r;/or:;/or;
o Defendants are jointly and severally liable.
o Damages will be assessed on:
o This case dismissed without prejudice.
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
$
$
$
$
$
.00
.00
.00
.00
.00
D Amount of Judgment Subject to
AttachrnentJ42 Pa.C.8. g 8127 $
o Portion of Judgment for physicai
damages arising out of residential
lease $
Post Judgment Credits $
Post Judgment Costs $
============
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION, YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS. ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES. OR OTHERWISE COMPLIES WITH THE JUDGMENT,
G -!5 -oip Date , Magisterial District Judge
I certify that this is a true an orrect copy of the record of the proceedings containing the judgment.
Date . Magisterial District Judge
My commission expires first Monday of January, 2012
SEAL
AOPC 315-05
DATE P:R.I:RTIm,
r;/o!i/or;
10,]2,"'7 1.11I'
"4Is
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 of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT:
I hereby (swear) (affirm) that I served
8t
~
a copy of the Notice of Appeal, Common Pleasb,...11'2..\;) , upon the District Justice designated therein on
(date of service) ~ " ' 20~, 0 by personal service ~ by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) G ^ ~'f H E.-'fl..=t'" I ,,,Hi- , on
~ , , 20 6 ~ 0 by personal service ~ by (certified) (registered) mail,
sende~ attached hereto.
(SW01~FFIRMED) AND
THIS DAY OF
~t:.. ~~
Signature of affiant
P1A-~ ~ ~
,20
NOTARIAL lIIW.
... L MURRAy......, MIlo
CIrIWI-. C t...... ClaIr. PA
My CD rntln ...... 0.. 13.2009
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JOHN E. SUKE
ROBERT C. SAlDIS
JAMES D. FLOWER, JR
CAROLJ. UNDSAY
MICHAEL L. SOLOMON
BRIAN C. CAFFREY
GEORGEF.DOUGLAS,Ill
THOMAS E. FLOWER
MARYLOU MATAS
SUZANNEC.HDrnNBAUGH
LAW OFFICES
SAIDIS, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
26 WEST HIGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486
EMAIL: attorney@sfl-Iaw.com
www.sfl-Iaw.com
CAMP HILL omCE:
2109 MARKET STREET
CAMP HILL, P A 17011
TELEPHONE: (717)737-3405
FACSIMILE: (717)737-3407
. ~,
REPLY TO CARLISLE
July 7, 2006
Prothonotary
1 Courthouse Square
Carlisle, PA 17013
R-E: The-Consignment Gallery v
Gary Herting
Docket No. 06-3720 Civil Term
Dear Prothonotary:
I have enclosed the Notice of Appeal for the above referenced matter.
Very truly yours,
SAlOIS, FLOWER & LINDSAY
~. ~.QJ
George F. Douglas, III
GFDllao
Enclosure
Cc: Patricia L. Marbain
The Consignment Gallery
164 N. Hanover S1.
Carlisle, PA 17013
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Cl CertWled Fee
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Cl Return Reclepl Fee
(Endorsement Required)
Cl Restricted Delivery Fee
..lI (Endorsement Required)
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Judicial District, County Of
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NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
(,,\, .
A' -.,.., "\ I .I
COMMON PLEAS No. via - .::: lJ.(.~. I U I L
NOTICE OF APPEAL -, 7 f/,,-Yi,\
. &6."4MONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
\', l
-~E o~ APPElLANT ' . /-' 1
I (~~ ( .. . C~lC'C -f n k:J. rt- C:yt \ l.tU'y
t tDDrqF APPf.u.rc, I 4 ~ i \ LA. I . i . dfJ r CW ./\rdp" t;4-
, \J. \ '\,'\ VT. tlvtlJc.u.eV 'J . '-.fi1 . .
GATE OF JU"D8Iol. . EN(-..J . ~;~P.JE Op-(Plsint1> li^:-:- . Ii' ,d r-::....-Jl1 ,'. ~endent)' ; I L. . ~ i /~ r .,.-"
t J . 'J . ,--.-\ 0 I V 1Jl.. '-.--U ~ 11\ \til' \ ' :::::tt Yt~,/ t-<;. <.-==ft (/ +t:.V t1 t j)(
DOCKET No, ~ ../ -SIGNA;rURE OF 'O~~ O~ Af.ORNEY~~GENJ-J"", . ; '-..J i
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L.. - V LAJUC - ~ ~/ q. -. ! \ 'V ~ t7F-hi Qjl \, V l+viJft tl
This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see a. R.C.PD.J. No. 1001(6) in action
R.C.P.D.J. No. 10086.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
;
. ---k~QcA +~.ra.vj.i~-W~' ..'
1~~,6 r~ . ZIP CODE
\ I
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
Signeturo of Prothonotery or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONL Y when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No.
) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appetlant or attorney or agent
RULE: To
. appellee(s)
Name of appel/ee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date:
,20
Signature of Prothonotary or Deputy
~ YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTrrRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY
PINK - COpy TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE
,.
LAW OFFICES
SAIDIS, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
26 WEST mGH STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 243-6222- FACSIMILE: (717) 243-6486
EMAIL: attomey@sfl-Iaw.com
www.sfl-Iaw.com
CAMP ffiLL OFFICE:
2109 MARKET STREET
CAMP HILL, P A 17011
TELEPHONE: (717)737-3405
FACSIMILE: (717)737-3407
" 6
]OHN E. SUKE
ROBERT C. SAIDIS
]AMPS D. FLOWER, ]R
CAROL]. LINDSAY
MICHAEL 1. SOLOMON
BRIAN C. CAFFREY
GEORGE F. DOUGLAS, III
THOMAS E. FLOWER
MARYLOU MATAS
SUZANNE C. HIXENBAUGH
REPLY TO CARLISLE
July 7,2006
CERTIFIED MAIL
District Judge Jessica Brewbaker
1 Courthouse Square
Carlisle, PA 17013
L_ ::::J
RE: The Consignment Gallery v.
Gary Herting
Docket No. 06-3720 Civil Term
(-"-'-,
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Dear District Judge Jessica Brewbaker:
('''-,
,
I have enclosed the Notice of Appeal in the above referenced matter.
Very truly yours,
SAIDIS, FLOWER & LINDSAY
~h ~.11.f
George F. Douglas, III
GFD/lao
Enclosure
Cc: Patricia Marbain
The Consignment Gallery
164 N. Hanover Street
Carlisle, PA 17013
g Certified Fee
c:J Return Reciept Fee
c:J (Endorsement Required)
c:J Restricted Delivery Fee
..D (Endorsement ReqUired)
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Judicial District, County Of
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NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. ala - .3 r';;;.,t)
NOTICE OF APPEAL
("I, I
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. lUlL
10-,~_:Yi\
.et>MMONWEAL TH OF PENNSYLVANIA
~' COURT OF COMMON PLEAS
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
\
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Q \ latly . -k~8CA t:JavJ. AWl
V ~J. ( r>,0r~ .' ZIPCOOE
.. 'i::r1=/~E o('(Plaintif) .. ^ .~ . I ,- , /d ./""J. II . . f ~endanl)' , \1 L / I ./'1 C---
I V 1J2.. \......n ~ \1\ \U~i \ ' (:::;/t. ~,/t<; . ~ t/ .H;::.V -t1 t' Y\
. , ..... _,..SIGNATURE OF ~EI:bAt'T OR A'VORNEY OR AGENJ J (. \
CV- 66()CDU8-~ ~/ H\V /~ ~w W~J~d
This block will be signed ONLY when this notation is required under Pa. IfappelJimt was Claimant (see a. R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
before a District Justice, A COMPUHNT MUST BE FILED within twenty
.-..,/,,,. -----.~...\
(20) days after filing the NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONL Y when appellant was DEFENDANT (see PaR.C.P.D.J. No. 1001(7) in action before District JlIStice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
appellee(s), to file a complaint in this appeal
Name of appe/lee(s)
(Common Pleas No.
) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To
, , appellee(s)
Name of appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date:
,20
Signature of Prothonotary or Deputy
~ YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY
PINK - Copy TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE
-
LAW OFFICES
SAIDIS, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
26 WEST HIGH STREET
CARUSLE, PENNSYLVANIA 17013
TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486
EMAIL: attorney@sfl-Iaw.com
www.sfl-Iaw.com
CAMP HILL OFFICE:
2109 MARKET STREET
CAMP HILL, PA 17011
TELEPHONE: (717)737-3405
FACSIMILE: (717)737-3407
I'
...
JOHN E. SLIKE
ROBERT C. SAlOIS
JAMES D. FLOWER, JR
CAROLJ. LINDSAY
MICHAEL L. SOLOMON
BRIAN C. CAFFREY
GEORGE F. DOUGLAS, III
THOMAS E. FLOWER
MARYLOU MATAS
SUZANNE C. HIXENBAUGH
REPLY TO CARLISLE
July 7, 2006
CERTIFIED MAIL
Gary Herting
4302 Wimbeldon Drive
Harrisburg, PA 17112
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Ct
RE: The Consignment Gallery v.
Gary Herting
Docket No. 06-3720 Civil Term
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Dear Mr. Herting:
I have enclosed the Notice of Appeal in the above referenced matter.
Very truly yours,
SAlOIS, FLOWE~ & L1~p~A Y
~~1B
George F. Douglas, III
GFD/lao
Enclosure
Cc: Patricia Marbain
The Consignment Gallery
164 N. Hanover Street
Carlisle, PA 17013
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Total Postage & Fees $
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CJ Re1um Reclept Fee
(Endorsement Required)
CJ Restricted Delivery Fee
..D (Endorsement Required)
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Judicial District, County Of
0tAAJ E.. cJ.. 9 ;t.D (J b
,
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. ()&, - .3 7J.6
NOTICE OF APPEAL
~~,L
- J ~/~H'\
-"""
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
\ ./'",
E OF APP LANT '
. I
ZIP CODE
~
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice. will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
:Mi tl
(20) days after filing the NOTICE of APPEAL.
Slgna/u/1/ of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONL Y when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
appellee(s), to file a complaint in this appeal
Name of appe/lee(s)
(Common Pleas No.
) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or attorney or agent
RULE: To
, appellee(s)
Nama of appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date:
,20
Signature of Prothonotary or Deputy
... YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY
PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE
l-,._
PATRICIA L. MARBAIN d/b/a,
The Consignment Gallery,
Plaintiff
: In the Court of Common Pleas
: Cumberland County, Pennsylvania
v.
: Civil Action - Law
Gary Herting,
Defendant
: NO. 06-3720
NOTICE TO DEFEND
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 wamed 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 lights important to you.
YOU SHOULD TAKE lHIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR 1ELEPHONE
WE OFFICE SET FORl1-l BEWW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
32 S. Bedford St.
CarUsle, PA 17013
SAlDIS, FWWER & LINDSAY
Dated: "1 I , '+1 D l
By: t: ~~
~OugIaS, III, Esquire
Supreme Court I.D. #61886
26 West High Street
Carlisle, PA 17013
Phone: (717) 243-6222
Attorney for Plaintiff
SAIDIS,
FLOWER &
LINDSAY
MIDllNE1SoAl'.IAW
26 West High Street
Carlisle, PA
II
,-
PATRICIA L. MARBAIN d/b/a : IN THE COURT OF COMMON PLEAS OF
THE CONSIGNMENT GALLERY, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
: Civil Action - Law
GARY HERTING,
: No. 06-3720
Defendant
COMPLAINT
AND NOW, comes the Plaintiff, PATRICIA L. MARBAIN d/b/a The Consignment
Gallery, by and through its undersigned attorneys, Saidis, Flower & Lindsay, and avers in
support of its Complaint against Defendant as follows:
1. The Plaintiff, Patricia Marbain is the owner and operator of the Consignment
Gallery with its principal place of business located at 164 N. Hanover Street, Carlisle,
Cumberland County, Pennsylvania.
2. The Defendant, Gary Herting, is an individual residing at 4302 Wimbeldon
Drive, Harrisburg, Dauphin County, Pennsylvania.
3. On December 22,2005 the Defendant entered into an oral agreement with the
Plaintiff to have approximately $11,000.00 worth of furniture delivered to his house with the
understanding that he would pay for the furniture on December 27,2005. The Defendant did
not make the payment.
4.
The Defendant eventually contacted the Plaintiff and wanted to return most of
the furniture with the exception of two (2) Persian rugs and a new ottoman and chair. It is the
Plaintiff s store policy that all sales are final and there are no returns.
..
SAlOIS,
FLOWER &
LINDSAY
AnUllNEYSoAT-IAW
26 West High Street
Carlisle, PA
"
'[
5. The Defendant wrote a check to the Plaintiff for $4,770.00 which was payment
for the balance due on the four (4) said items he retained. However, payment on the check
was stopped by the Defendant. A copy of the receipt for the $4,770.00 balance due is
attached as Exhibit "A".
6. The Defendant later sent a check for the two (2) Persian rugs, but did not
submit payment for the new ottoman and chair.
7. The said new ottoman and chair are valued at $1,350.00 plus $81.00 for a total
of$1,431.00 as is evidenced by the attached receipt, which has been in the Defendants
possession for approximately seven months to date.
WHEREFORE, Plaintiffc1aims of the Defendant the sum of$1,431.00 plus interest
and costs, an amount requiring compulsory referral to arbitration under the local Rules of
Court.
Respectfully submitted,
SAIDIS, FLOWER & LINDSAY
Date] I ' t./-J "
~?-~1!l
George F. Douglas, III, sqUIre
Attorney J.D. No.: 61886
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Plaintiff
2
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SAIDIS,
FLOWER &
LINDSAY
MIDIlNEYSoAT.1AW
26 West High Street
Carlisle, PA
II
I
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VERIFICATION
I verify that the statements made in the foregoing document are true and
correct. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S. ~4904, relating to unsworn falsifications to authorities.
/
\
Date: '11 J 'f-/ 0 c.
Patricia L. Marbain
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PATRICIA L. MARBAIN d/b/a : IN THE COURT OF COMMON PLEAS OF
THE CONSIGNMENT GALLERY, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
: Civil Action - Law
GARY HERTING,
: No. 06-3720
Defendant
PRAECIPE
Please see the attached Proof of Mailing of the Complaint in this matter.
A copy was also mailed by First Class mail on July 17, 2006.
Date:
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Attorneys for Plaintiff
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Carlisle, PA 17013
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PATRICIA L. MARBAIN d/b/a : IN THE COURT OF COMMON PLEAS OF
THE CONSIGNMENT GALLERY, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
: Civil Action - Law
GARY HERTING,
: No. 06-3720
Defendant
PRAECIPE
Please see the attached Proof of Service of the Notice of Appeal.
By:
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Carlisle, PA 17013
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PATRICIA 1. MARBAIN d/b/a : IN THE COURT OF COMMON PLEAS OF
THE CONSIGNMENT GALLERY, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
: Civil Action - Law
GARY HERTING,
: No. 06-3720
Defendant
PRAECIPE
Please see the attached Proof of Mailing of the Complaint in this matter.
A copy was also mailed by First Class mail on July 17, 2006.
Date:
-, I "Ls' I 0'
BY:~~~~
George F. Douglas, III, Esquire
Saidis, Flower & Lindsay
Attorneys for Plaintiff
26 W. High Street
Carlisle, PA 17013
I.D.61886
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PATRICIA 1. MARBAIN d/b/a,
THE CONSIGNMENT GALLERY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 06-3720
GARY HERTING,
Defendant
CIVIL ACTION - LAW
DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT
AND NOW comes the Defendant, Sandra Garman, by and through her attorney, Jeanne
B. CostopouIos, Esquire, and files the following Answer:
I. Admitted.
2. Denied. It is specifically denied that Defendant resides at 4302 Wimbeldon Drive,
Harrisburg, Dauphin County, Pennsylvania. By way of further answer, Defendant
currently resides at 6273 Ryecroft Drive, Harrisburg, Dauphin County, Pennsylvania,
1711 I.
3. Denied. It is specifically denied that Defendant agreed on December 22,2005 to
purchase furniture from Plaintiff and strict proof thereof is demanded. By way of
further answer, Plaintiff and Defendant agreed that Plaintiff would bring various
pieces of furniture and other items for Defendant to view on a trial basis. At no time
was it agreed that Defendant would be obligated to keep any pieces or items that he
did not want. It is agreed Defendant did not make a payment on December 27, 2005
because he did not agree to purchase any items as of that date.
4. Admitted. By way of further answer, regardless of the store policy that all sales are
final and there are no returns, Defendant did not agree to purchase the new ottoman
and chair for the price quoted by Plaintiff subsequent to delivery of the items, which
was a higher price than originally quoted.
5. Admitted in part; denied in party. It is admitted that Defendant wrote a check to
Plaintiff for $4,770.00 and that he cancelled it before she received it. By way of
further answer, before Plaintiff received the check, Defendant called Plaintiff to notify
her that he did not want the ottoman or the chair and that he had cancelled the check.
It is specifically denied that the balance due was $4,770.00 and that is the reason
Defendant cancelled the check.
6. Admitted. By way of further answer, Defendant notified Plaintiff via the letter that
accompanied his check for the two (2) Persian rugs that he did not want the ottoman
or the chair because he did not agree to the price which was higher than the price
originally quoted by Plaintiff. The price originally quoted by Plaintiff was $700.00.
7. Denied. Defendant is without sufficient information to determine the value of the
ottoman or the chair and therefore specifically denies that the value is $1,431.00. The
receipt alleged to be attached to the Complaint was not attached to the copy of the
Complaint served on Defendant and since Defendant did not pay for the items he is
not sure why a receipt would have been issued.
WHEREFORE, Defendant respectfully requests that Plaintiff be required to retrieve the
ottoman and chair or else that she accept as full payment $700.00, which represents the price
Plaintiff originally quoted for the ottoman and chair before she had it delivered to Defendant.
RESPECTFULLY SUBMITTED,
BY:
DATED: ~~{
Jeanne B. Costopoulos, Esquire
ATTORNEY FOR DEFENDANT
3803 Gettysburg Road
Camp Hill, PA 17011
Telephone: (717) 920-2500
P A Supreme Ct. ID No. 68735
PATRICIA 1. MARBAIN d/b/a,
THE CONSIGNMENT GALLERY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 06-3720
GARY HERTING,
Defendant
: CIVIL ACTION - LAW
VERIFICATION
I, Gary Herting, hereby verifY and state that:
I. I am the Defendant in the above-captioned case.
2. The answers set forth in the foregoing Answer are true and correct to the best of my
knowledge, information and belief.
3. I am aware that false statements herein are made subject to the penalties of 18 Pa. C.S.
4904, relating to unsworn falsification to authorities.
Date:
y///Ob
/ /
/
PATRICIA L. MARBAIN d/b/a,
THE CONSIGNMENT GALLERY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: No. 06-3720
GARY HERTING,
Defendant
: CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Jeanne B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the
foregoing document upon the person, and in the manner, indicated below, which service satisfies
the requirements of the P A Rules of Civil Procedure, by depositing a copy of the same with the
United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid, and
addressed as follows:
George F. Douglas, III, Esquire
26 West High Street
Carlisle, P A 17013
BY:
eanne B. Costopoulos, Esquire
ATTORNEY FOR DEFENDANT
3803 Gettysburg Road
Camp Hill, PA 17011
Telephone: (717) 920-2500
P A Supreme Ct. ID No. 68735
DATED:
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PATRICIA L, MARBAIN d/b/a
THE CONSIGNMENT GALLERY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-3720
CIVIL
~ 2006
v,
GARY HERTING,
Defendant
RULE 1312-1.
The Petition for Appointment of Arbitrators shall be substantially in the following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
George F. Douglas, III, Esq. , counsel for the plaintiff/defendant 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 $ 1 , 43 1 , 00
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators:
Jeanne B, Costopoulos, Esq,
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be
submitted.
j;:;:~
George F. Douglas, III, Esq,
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,
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PATRICIA L. MARBAIN d/b/a
THE CONSIGNMENT GALLERY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06-3720
CIVIL
~ 2006
v.
GARY HERTING,
Defendant
RULE 1312-1.
The Petition for Appointment of Arbitrators shall be substantially in the following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
George F. Douglas, III, Esq, ,counsel for the plaintiff/defendant 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 $ 1 , 4 3 1 , 00
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators:
Jeanne B, Costopoulos, Esq.
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be
submitted.
j;;:;~~~
George F. Douglas, III, Esq,
ORDER OF COURT
c2a:J0
ANDN~~ ~ .~_.inconsiderationofthe
foregoing pe~n, ~ HJI/r.w';'" . TIL Esq.. t
Esq., and YaJ..,. , Esq., are appointed arbitrators in the above ca tioned action (or
actions) as prayed for.
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In The Court of Common Pleas of Cumberland
County, Pennsylvania No, (/')(; - 17 Zc
Defendant
Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Co onwealth and that we will discharge the duties of our office
It delity.
Signature
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Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
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Zip
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Date of Award: I PZr/Ob
. Arbitrator, dissents, (Insert name if applicable.)
( Chairman)
Notice of Entry of Award
Now, the Id-llt day of ~ber ,20010 , at /I:~,a, -A...M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
d'lO.OO
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In The Court of Common Pleas of Cumberland
County, Pennsylvania No. d" - 17 Z.C
Defendant
Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Co onwealth and that we will discharge the duties of our office
it delity.
Signature
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Name (Chairman)
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Address '2 t4Q FloO fL
Address
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City, Zip
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City, Zip l1010
.. 1.3081
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.)
City,
Zip
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Date of Hearing: /Z/I 'Z/~~
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Date of Award: I PZ;/04
· Arbitrator, dissents. (Insert name if 7;~ca~e.) ~
(Chairman) ~[).......
Notice of Entry of Award
Now, the l/l-lh day of ~1'/\her , 20 () to , at / I: ~~ , ---A-.M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
d'lO.OO
Arbitrators' compensation to be paid upon appeal: $
By:
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26 West High Street
Carlisle, PA
II
Patricia L. Marbain,
d/b/a The Consignment Gallery,
Plaintiff
In The Court Of
Common Pleas Of
Cumberland
County, Pennsylvania
vs.
Docket No. 06-3720
Gary Herting,
Defendant
Civil Action - Law
PRAECIPE TO ENTER JUDGEMENT ON THE ARBITRATION A WARD
In accordance with the Pennsylvania Rules of Civil Procedure Rule 227.4, please enter
judgment against the Defendant as stated in the Award of the Arbitrators in the amount of$1,431
plus costs. A true and correct copy of the award in attached hereto, made a part hereof, and
marked at Exhibit "A".
Respectfully submitted,
Saidis, Flower & Lindsay
Date: f:.~9J ~oi
By: ~e-.~Ti1
George F, Douglas, III, Esquire
Attorney ill #61886
26 West High Street
Carlisle, Pennsylvania 17013
Phone: 717-243-6222
Fax: 717-243-6486
Attorney for Plaintiffs
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In The Court of Common Pleas of Cumberland
County, Pennsylvania No, d(; - 172-c
Defendant
Civil Action - Law,
Oath
We do solemnly swear (or affmn) that we will support, obey and defend the Constitution of the United
S tes and the Constitution of this Co onwealth and that we will discharge the duties of our office
It delity,
-PAuL l. ~c.;~
Name
Signature
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Name /vcr f6~~M'-
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Address
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City, Zip l1010
City,
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,)
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Date of Hearing: Il/I 'Z/~~
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Date of Award: / P'b/04
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(Chairman)
Notice of Entry of Award
Now, the /d-#l day of f\,jtP.1't\Mr , 20 () to , at / I: ;}.~ , --A-.M" the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys,
Arbitrators' compensation to be paid upon appeal: $
By:
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