Loading...
HomeMy WebLinkAbout01-4460 S.A. HARPER, INCORPORATED, d/b/a CHECKER CLEANING, PLAINTIFF CUMBERLAND VALLEY MOTORS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4465 C1V~ TERM 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: R©BERT ?. KLT}IEt ESQUIRE i' ,c~unsel.forthcplaintiff/defe~{dantintheaboveaction(oractions), respectfully represents that: 1. The above-captioned action (or actions) is ~(are) at issue. 2. The claim of the plaintiff in the action is $ ~9,364 · ? 3 The counterclaim of the defendant ia the action is $ 4,6 81 . 7 ~' · The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators: John F. Yaninek, C. Roy Weidner, Michael J. Cassidy & Kirstiu M. Sweigard AND NOW, actions) as ~ye4~or. ff WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Robert P. Kli~e, Esquire ORDER OF COURT , t~/,~'T~m consj~derafion of the, , Esq., am appointed arbitrators in the above captioned action (or cc: John F. Yaninek, Esq. Michael 3. Cassidy, Esq. By the Court, ~ p.j. CERTIFICATE OF SERVICE AND NOW, this J~ day of April 2002, the undersigned does hereby certify that he did this date serve a copy of the foregoing REPLY TO NEW MA'I-]'ER upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: John F. Yaninek, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 JOHNSON, DUFFLE, STEWART & WEIDNER By: Mic assidy I, SCOTT HARPER, President of S.A. Harper, Inc., d/b/a Checker Cleaning, state that I am authorized to make this Verification on its behalf, and that the statements made in the foregoing Reply to New Matter and Counterclaims are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: "¥ [bl [ ~'~ S.A.By: HARP~LEA~,NING_ S~c, dtt Harper 11. Denied. Counter-Plaintiff Cumberland Valley Motors' averment is denied in its entirety and strict proof thereof is demanded at trial. Counter-Defendant S.A. Harper and its employees employed proper cleaning techniques at all times relevant hereto. 12. Denied. Any damage to the property of Counter-Plaintiff Cumberland Valley Motors existed prior to the commencement of the contract between the parties for cleaning services. 13. Denied. Any damage to the property of Counter-Plaintiff Cumberland Valley Motors existed prior to the commencement of the contract between the parties for cleaning services. WHEREFORE, Counter-Defendant S.A. Harper, Inc., d/b/a Checker Cleaning, respectfully requests judgment in its favor and that Counter-Plaintiff Cumberland Valley Motors' Counterclaim be denied. :157068 Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER Mict~le~J. Cassidy Attoha~y I.D. No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for S.A. Harper, Inc. Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 76t-4540 Attorneys for Counter-Defendant S.A. HARPER, INC., d/b/a CHECKER CLEANING, Plaintiff CUMBERLAND VALLEY MOTORS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4460 Civil Term CIVIL ACTION - LAW COUNTER-DEFENDANT S.A. HARPER, INC., d/b/a CHECKER CLEANING'S REPLY TO NEW MA TTER WITH COUNTERCLAIM AND NOW, this I~'~dayl~- of April 2002, comes Plaintiff/Counter-Defendant S.A. HARPER, INC., d/b/a CHECKER CLEANING (hereinafter "S.A. Harper"), by and through it's undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and files the following Reply to New Matter with Counterclaim of Defendant/Counter-Plaintiff Cumberland Valley Motors, and in support thereof avers as follows: 8. No response required. 9. Denied. It is specifically denied that Counter-Defendant S.A. Harper caused damage to Counter-Plaintiff Cumberland Valley Motors' premises by employing individuals who lacked the knowledge or supervision in proper cleaning techniques. By way of further denial, any damage alleged by Counter- Plaintiff Cumberland Valley Motors to have been caused Counter-Defendant S.A. Harper or its employees existed prior to the commencement of the contract for cleaning services between the parties. 10. required. Denied. Said averment is a conclusion of law to which no responsive pleading is CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Preliminary Objections to Defendant's New Matter With Countemlaim upon Defendant by depositing same in the United States Mail, first class, postage pre-paid on the ~44,x day of September, 2001, from New Cumberland, Pennsylvania, addressed as follows: John F. Yaninek, Esquire Mette, Evans & Woodside 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorney for Defendant ROBERT PETER KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff 3. Defendant's allegations fail to allege any factual basis in support of its broad and vague allegations. 4. In Paragraph 13 of Defendant's New Matter With Counterclaim, Defendant alleges that it suffered damage to walls and toilets of its premises due to the Plaintiffs cleaning techniques. 5. Defendant has failed to attach as exhibits to its New Matter With Counterclaim any s that would substantiate the claims for damage and/or costs that Plaintiff has raised in its New Matter With Counterclaim. 6. In the absence of a specific pleading, Plaintiff is unable to respond to the allegations raised by Defendant in its New Matter With Counterclaim and a request for a more specific is hereby made. WHEREFORE, S.A. Harper, Incorporated t/b/a Checker Cleaning, respectfully requests that this Honorable Court dismiss Defendant's New Matter With Counterclaim with and further award Plaintiff all such other relief as is proper and just. In the alternative, ?laintiff requests that this Honorable Court direct Defendant to file an amended complaint, and award Plaintiff all such relief as is proper and just. Respectfully submitted, DATE Robert P. Kline, Esquire KLINE LAW OFFICE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff S.A. HARPER, INCORPORATED, d/b/a CHECKER CLEANING, VS. Plaintiff CUMBERLAND VALLEY MOTORS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4460 CIVIL TERM CIVIL ACTION - LAW PRELIMINARY OBJECTIONS TO ,DEFENDANT'S NEW MATTER WITH COUNTERCLAIM AND NOW, comes Plaintiff, S.A. Harper, Incorporated, d/b/a Checker Cleaning, by their counsel, Kline Law Office, and files the within preliminary objections to Defendant's New Matter with Counterclaim, and in support thereof states as follows: INSUFFICIENT SPECIFICITY 1N PLEADING Pa.R.C.P. 1028(a)(3) CUMBERLAND VALLEY MOTORS v. S.A. HARPER~ INCORPORATED~ d/b/a CHECKER CLEANING 1. In Paragraph 9 of Defendant's New Matter With Counterclaim, Defendant alleges Plaintiff caused damages to Defendant's premises by employing individuals who lacked the knowledge or supervision in proper cleaning techniques. 2. In Paragraphl 1 of Defendant's New Matter With Counterclaim, Defendant alleges that Plaintiff negatively failed to properly supervise, train and hire employees to do proper cleaning at Defendanfs premises. S.A. HARPER, INCORPORATED, d/b/a CHECKER CLEANING, Plaintiff VS. CUMBERLAND VALLEY MOTORS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4460 CIVIL TERM CIVIL ACTION - LAW NOTICE TO PLEAD TO: Cumberland Valley Motors c/o John F. Yaninek, Esquire Mette, Evans & Woodside 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 You are hereby notified to file a written response to the enclosed Preliminary Objections to Defendant's New Matter With Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully submitted, Date Robert P. Kline, Esquire KLINE LAW OFFICE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing documents upon the person(s) named below by depositing same in the United States Mail, first class, postage pre- paid, fi.om Harrisburg, Pennsylvania, addressed as follows: Robert P. Kline, Esquire 714 Bridge Street P. O. Box 460 New Cumberland, PA 17070-0461 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant Cumberland Valley Motors Date: August C~/ , 2001 !1, GARTI I UI.LOM, I'rosk ant oF ~ber~ V~II~ M.to~, hereby vcri~v ' ~ army knowledge, a~tl I~IW[ I ba~ my knowlad~c, inro~atiom, ~ ~lmfsolcly opo~ the m ormatton prow&xl I tmtkataad tha; ~Lv raise s~tcmca~ ma~e he~a at~ subject ~ thc p~m~Ities o F C'.S,A. ~()4, rt~latin8 ~ t,lswom f~i~cati~n t~ autho~itWs. DATE', .... ~ G~I~TH ULt,OM TOTPi. P. 02 13. Counter-Plaintiff/Defendant Cumberland Valley Motors suffered damage to the walls and toilets of their premises due to PlaintiflTCounter-Defendant's cleaning technics. WHEREFORE, Cumberland Valley Motors respectfully requests this Honorable Court enter judgment in its favor and against S.A. Harper, Incorporated, d/b/a Checker Cleaning, in an mount below Cumberland County's arbitration limit, together with costs and interest as allowed by law. Date: August ~/ , 2001 Respectfully submitted, METTE, EVANS & WOODSIDE p.F. YaWpS, Esquire Ct. I.D. No. 55741 3401 North Front Street P. O. Box 5950 Harcisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant Cumberland Valley Motors 6. Admitted in part. Denied in part. It is admitted that Defendant did not make payment. However, it is specifically denied that Plaintiff's services warranted payment. 7. Admitted in part. Denied in part. It is admitted that Plaintiffhad requested payment and Defendant has denied payments. However, it is specifically denied that any payments are due. WHEREFORE, Defendant, Cumberland Valley Motors, respectfully requests this Honorable Court enter judgment in its favor together with costs as allowed by law. NEW MATTER WITH COUNTERCLAIM Cumberland Valley Motors v. S.A. Haroer. Incorporated, d/b/a Checker Cleanino 8. Defendant/Counter-Plaintiffhereby incorporates its answers to paragraphs 1 though 7 of Plaintiff's Complaint. 9. Plaintiff/Counter-Defendant, S.A. Harper, Incorporated caused damage to Counter-Plaintiff/Defendant Cumberland Valley Motors's premises by employing individuals who lacked the knowledge or supervision in proper cleaning techniques. 10. Plaintiff/Counter-Defendant had a duty to employ and/or supervise individuals to perform cleaning techniques properly. 11. Plaintiff/Counter-Defendant negatively failed to properly supervise, train, and hire employees to do proper cleaning at Defendant/Counter-Plaintiff's premises. 12. Plaintiff/Counter-Defendant's negligent failures have resulted in damage to Defendant/Counter-Plaintiff Cumberland Valley Motors. S.A. HARPER, INCORPORATED, dfo/a CHECKER CLEANING, Plaintiff Vo CUMBERLAND VALLEY MOTORS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2001-4460 CIVIL TERM CIVIL ACTION - LAW ANSWER AND COUNTERCLAIM OF DEFENDANT/COUNTER PLAINTIFF CUMBERLAND VALLEY MOTORS AND NOW, comes Cumberland Valley Motors, by and through its attorneys, MeRe, Evans & Woodside, and provides the following answer and counterclaim to the original Complaint, as follows: 1. Admitted. 2. AdmiRed. 3. Denied. It is specifically denied that Plaintiffprovided janitorial services to Defendant at its place of business located at 6714 and 6720 Carlisle Pike. On the contrary, Plaintiff attempted to provide janitorial services at the address, however, Plaintiff's attempt to provide services were substandard and caused damage to the premises located at 6714 and 6720 Carlisle Pike. 4. 5. Admitted. AdmiRed in part. Denied in part. It is admired that Defendant did not pay Plaintiff. However, it is specifically denied that Plaintiff was owed any money for its substandard work from November 2000 through the end of February 2001. S.A. HARPER, INCORPORATED, d/b/a CHECKER CLEANING, Plaintiff Vo CUMBERLAND VALLEY MOTORS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : : No. 2001-4460 CIVIL TERM : : CML ACTION - LAW NOTICE TO PLEAD TO: S.A. Harper, Incorporated, d/b/a Checker Cleaning c/o Robert P. Kline, Esquire 714 Bridge Street P. O. Box 460 New Cumberland, PA 17070-0461 You are hereby notified to file a written response to Answer and Counterclaim of Defendant/Counter-Plaihtiff Cumberland Valley Motors within twenty (20) days from service hereof or a judgment may be entered against you. METTE, EVANS & WOODSIDE By: 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 Attorneys for Defendant Cumberland Valley Motors DATE: August~/ ,2001 :270854_1 CERTIlZICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Complaint upon Defendnat by depositing same in the United States Mail, first class, postage pre-paid on the \ ~ 3r~ day of August, 2001, from New Cumberland, Pennsylvania, addressed as follows: John F. Yaninek, Esquire 3401 N. Frota Street Harrisburg, PA 17110 Attorney for Defendant ROBERT PETER KLIlqE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attomey for Plaintiff FRI3'I : KLINE LRI, J CF'FICE FRX NO. : '717 770 2553 t:~9. 09 2t~1 12:3~.R"1 P4 VERIFICATION Jo $CO']7F HARPER, Pr~ident of S.A. Harp~, Incorporated. d/b/a Checker Cleaning; veri~ that the $1,.~a~tS ~,5~' ia the for~gol~.g Colxkolai~ ars true and corag~t. [ un~l~r~nd fl,at false statements herein are made subject to thc permlti~s of 15 Pa. C.S, S~ction 4904 relating to unswox~ hlsiflc~on to Dat~ S.A. Hm'p~r, iflcmporated d/b/a Choker Cleanb~g CHECKER CLEANING P.O. Box 172 New Cumberland, PA 17070-0172 (717) 774-7400 Bill To: Cumberland Valley Moters Attn: accounts payable 6741/20 Carlisle Pike Mechanicsburg PA 17055 Ro. NUMBER INVOICE Ship To: Cumberland Valley Moters Attn: accounts payable 6741/20 Carlisle Pike Mechanicsburg PA 17055 ~ales femtory ~ janitorial services for Februmy taxable FED£JE4L EIN NUMBER FOR $.,4.HARP£R, INC. DB,4 CH£CEER CLF-dNING I$ 23-2746147 Taxable Total 2,300.00 A,,ou.[ 7,~d C,.00 Aging Statement 0 - 30 days 31 -60 0.00 0.00 61 - 90 90 plus Total 0.00 9,364.73 9,364.73 SUBT~qTA[~ TAX @ ..... TOTAL AMOUNT 2,300.00 55.20 $2.355.20 PLEASE RETURN WITH YOUR PAYMENT Invoice 3068 Date 02/24/01 Customer Cumberland Valley Motets Payment Amount Amount Due $2,355.20 CHECKER CLEANING P.O. Box 172 New Cumberland, PA 17070-0172 (717) 774-7400 Bill To: Cumberland Valley Motets Attn: accounts payable 6741/20 Carlisle Pike Mechanicsburg PA 17055 P. Oi NUMBER TERMS INVOICE Ship To: Cumberland Valley Motets Attn: accounts payable 6741/20 Carlisle Pike Mechanicsburg PA 17055 Taxable Total 2,300.00 3anomd Paid 0.00 Aging Statement 0- 30 days 31-60 0.00 0.00 janitorial services for January taxable FEDERAL EIN NUMBER FOR S.A.HARPER, INC. DBA CHECKER CLEANING IS 23-2 746147 Am,.,~,t D,,e 2,355.20 J S U BT~O.T~A,,L., PLEASE RETURN WITH YOUR PAYMENT AMOUNT 2,300,00 55.20 $2,355.2O Invoice 3032 Date 01/24/01 Customer Cumberland Valley Motets Payment Amount Amount Due $2,355.20 CHECKER CLEANING P.O. Box 172 New Cumberland, PA 17070-0172 (717) 774-7400 Bill To: Cumberland Vall~ Moters Atm: accounts payable 6741/20 Carlisle Pike Mechanicsburg PA 17055 RO NUMBER TERMS· INVOICE Ship To: Cumberland Valley Motets Attn: accounts payable 6741/20 Carlisle Pike Mechanicsburg PA 17055 taxable taxable janitorial services for December 1/2 day missed service Taxable Total 2,245.24 Aging Statement 0 - 30 days 31 -60 0.00 FEDERAL EIN NUMBER FOR $.A.HARPER, INC. DBA CHECKER CLEANING IS 23-2746147 A ...... ~"~ 2 299 !3 90 plus Total 61 - 90 9,364.73 9,364.73 tTAX @~ PLEASE RETURN WITH YOUR PAYMENT 0.00 0.00 2,300.00 -54.76 2,.~4 53.89 $2,299.13 Invoice 3000 Date 12/23/00 Customer Cumberland Valley Motets Payment Amount Amount Due $2,299.13 CHECKER CLEANING P.O~ Box 172 New Cumberland, PA 17070-0172 (717) 774-7400 INVOICE Bill To: Cumberland Valley Motors Attn: accounts payable 6741/20 Carlisle Pike Mechanicsburg PA 17055 Sl~p To: Cumberland Valley Motors Atto: accounts payable 6741/20 Carlisle Pike Mechanicsburg PA 17055 duc upon receipt janitorial services for November taxable FEDERAL EIN NUMBER FOR $.A.HARPER, INC. DBA CHECKER CLEANING IS 23-2746147 Taxable Total 2,300.00 Amuu.t Paid 0.00 Aging Statement 0 - 30 days 0.00 S U BT~OZA.,[4, TAX @ 31 - 60 61 - 90 90 plus Total 0.00 0.00 9,364.73 9,364.73 ~AMOUNT 2,300.00 TOTAL 55.20 $2,355.20 PLEASE RETURN WITH YOUR PAYMENT Invoice 2968 Date 11/22/00 Customer Cumberland Valley Motem Amount Due $2,355.20 Payment Amount 6. Defendant has failed to make any paymem whatsoever to Plaintiff for the services rendered for the months of November and December, 2000, and January and February, 2001. The total amount due and owing from Defendant to Plaintiffis $9,364.73. Copies of the invoices issued to Defendant by Plaintiff are attached to this Complaint collectively as Exhibit "A". 7. Despite repeated requests by and on behalf of Plaintiff, Defendant has failed to make any payments of the amount due. WHEREFORE, S.A. Harper, Incorporated, d/b/a Checker Cleaning, respectfully requests that this Honorable Court enter judgment in its favor and against Defendant in the amount of $9,364.73, together with costs and interest as allowed by law. DATE Respectfully submitted, Robert P. Kline, Esquire KLINE LAW OFFICE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff S.A. HARPER, INCORPORATED, d/b/a CHECKER CLEANING, VS. Plaintiff CUMBERLAND VALLEY MOTORS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4460 CIVIL TERM CIVIL ACTION - LAW COMPLAINT AND NOW, comes S.A. Harper, Incorporated, clPo/a Checker Cleaning, by and through its attorneys, Kline Law Office, and respectfully files the following Complaint: 1. Plaintiff is S.A. Harper, Incorporated, a Pennsylvania Corporation with its principal place of business located at 214 Front Street, New Cumberland, Cumberland County, Pennsylvania. Plaintiff does business as Checker Cleaning, a fictitious name registered by the Plaintiff corporation with the Pennsylvania Department of State. 2. Defendant is Cumberland Valley Motors, a Pennsylvania Corporation with its principal place of business located at 6714-20 Carlisle Pike, Mechanicsburg (Silver Spring Township), Cumberland County, Pennsylvania. 3. From approximately January 1, 1999 through the end of February 2001, Plaintiff provided janitorial services to Defendant at its places of business located at 6714 and 6720 Carlisle Pike, Silver Spring Township, Cumberland County, Pennsylvania. 4. At the end of February 2001, Defendant advised Plaintiff that its services were no longer needed and canceled any future service. 5. At the time of said cancellation, Defendant had not paid for the services performed by Plaintiff from November 2000 through the end of February 2001. S.A. HARPER, INCORPORATED, d/b/a CHECKER CLEANING, VS. Plaintiff CUMBERLAND VALLEY MOTORS, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4460 CIVIL TERM CIVIL ACTION - LAW 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 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 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 (717) 249-3166 ?000 0520 0024 5315 6349 7000 0520 0024 5315 6356 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of sea, iCe MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice o! appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNt' OF AFFIDAVIT; I hereby swear or affirm that I served [] a copy of the Notice of Appeal, Common Pleas No. O~" J~ ~ UO ~[~.~ ~J; Ih , upon the District Justice designated therein on (date of service)__~J.)_~,~L~,~__, year ~"~.I~)O I , [] b~y personal..;,ervice ~] by (certified)(r.e~ mail, sender's receipt attached hereto, and u"-upon the appellee, (name ~ .,~__.,~,~," ~J ~ ~ ~. .... on ~-"~-~L.I ~ ~ ~:~ , year ~]O~, [] by personal service [~ by (certified)(;=.~:..~;;~,) mal,~sender's receipt attached hereto. J .[~ and further that I sewed the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ~'[,L[J.,j~r _~,~.,.,~3--, year ~(~)L, [] by personal service ~by (certified) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ~"~,.-- DAY OF I~Z~/~, YEAR ~'~ .:''_. ~ ~. . Notadal SeeJ Joyce A, GIzlnskl, Nota~ Public Susquehanna Twp., Dauphin County ,My ~ommlaalon Expires Nov. 10, 2003 ~:-:-:-:-:-:-:-:-:~MM~)NW EALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUHBE~LAh~ 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. NAME OF APPELLANT Cumberland Valle~ Motore ~.DDRESS OF APPELLANT 6714 Carliale P~ke 9ATE OF JUDGMENT I IN THE CASE OF (PLAINTIFF; I 6/25/01 I MAG. DIST. ,O. OR NAME OF D.J 09-3-04 Thomas A. Plac~.y CITY STATE ZIP CODE MechanicsburK P~ 170~0 Checker Cle.nt.~ vs. Cumber]mnM Valley MotorM, el: al. ~CP JP ~i ~_i~_ ' ' 'S ,quir~ under PA. I Ifap~llantwas*~imant (SOO PA R.C.P.J.P, T~'; ,;,~c; o~X'p~;l~'when received by the District Justice, will operate as I No. 1001(6)) ~ action before d~tKc, Just[ce, he A SUPERSEDEAS to the Judgment for ~ssession in this case. MUST RLE A COMPLAINTw~hin twenty ~0) days after filing his NOTICE of APPEAL. PRAECI~TO ENTER RULE TO FI~E'~MPLN~ AND RULE TO FILE (This s~ion of fo~ to be us~ ONLY~en ~pellant was DEFENDAN~(s~ PA R.C.P.J.P. No. 1001(7) in a~ion'before Distri~ Justice. IF NOT USED. detach from ~py of noti~ 0f ~1 to ~ s~ u~n ~p~l~. PRAEClPE: TO Prothonota~ ' RULE: Enter rule uoon Checkez' Cleaning , appellee(s), to file a complaint in this appeal (Common Pleas No. ~.~vithin twenty (20) days after service of rule or suffer entry of judgment of non pros. (1) You are notified that a rule is hereby entemd upon you to file a compl~nt in this ap~a[~ ~n~20)d~s ~,,~ after the date of sewice of this rule 'upon you by ~rsonal sewice or by ~ified o~e~ ~~ (2) If you do not file a complaint within this time, a JUDGMENT O[NO~ PRO~%BE EN~RED AGA~ST YOU (3) The d~f sew~e of this rule if sewice was by mail is the date of th~ailing. White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D.J. Copy Proth.- 76 dL'17-2001 15:58 CU/'I 0000 P.04 c,e~ N~F: ~ CIVIL CASE :~ *: 09-3-04 r~ ~ ~ a ~e, ~A 17050 Date Filed: 4/23/01 l S I~ ~ TO NOTIFY YOU THAT: J dgmem was entered for: (Na~) ~..~ ~dgment ~ entered against: (Name) ~.a~ ~.T,~ , .1~. " ~meamounto ~ ~on: ~' , (Date ~ Judgment) ~/~/~] ~ ~fendan~ are jointly and ~vemlly li~le. (Date & ~me) ~mages will ~e assessed on: ' Amount of Judgment ~ ~ . Judgment Costs $ 131. ~is ~se dismissed without prejudice. ' Interest on Judgment ~ Attorney Fees ~ 7.140: '~~ ~ ~ount of Judgment Su~je~ to ~ mchmen~Act 5 of ~99~ L - r Post Judgment Credits $ ~ ~W Is stay~ for days or ~ generall~ sayed. Post Judgment ~sts $ ~[ : ~ ,: ~.ified Jud~entTota' $,, ~ ~b~ion to ~y h~s been filed and hearing held: ~: ~ Pla~: : ~ ~ ~ H~ THEme~ TO APPEL w~IN ~ DA~, A~ER, ~E ENTRY OF, ,,~UDGMENT, ,,BY F~UNG A NO~CE O~ ~ ~P ~L W~H ~E PRO~ONOTARY/CLERK OF ~E COU~ OF ~MM~ CI~ p~y~l~. YOU :~t~ O( Date ~.~. ~~ ' ",Distrlct~ustlce 11 ~ nmissionexpiresfJmt MondayofJa ,~ 2004 SEAL TOTRL P. 04 J J ' ,F~.OOF O~F SERVe;CE O,F.,NOTICII~ OF APPEAL AND RULE TO FILE COMPi.~IN'J' (This proof ~f~se~v(~e ~UST BE FI LED"wITRIN TEN [(1 O) DAYS AFTER filing the notice of appeal. Check a~plidable boxes) AFFIDAVIT: I hereby swear or affirm that I se~d U ..... BJJq ~]~ ~HA THIA~;I~O0 ~.h, eT ~dt~o~e~ ce ~ied)(rea,stered)mad seBder s , year ~ by per~ona~ se~iCe ~ by (~eamed) ~ ste~d) ma ~e.der's ~eiat attaohd hereto. 1[~9qq~Jlta~ Iolatelr~et ~saldge~d th~'~P~J e,te E e a Complaint accompanying the above Notice of Appeal upon the apge~Llee(s) tm?/!~ IO~T%~m. ~O ~ '/ [] by personal service [] by (certified) (registered) whom the Rule was addressed on ., year ~ _ _ THIS DAY OF , YEAR f CZZ Signature of o flc a belore whom affidav was ma~le -- ~ n;.~i,~, z".i,,~,'~ ~',,, ~ ~,~,,~q~T~.:,: .~,~ ,~' ,,o~ ,,oo~?'t~R '??~' J .~,: My commission expires on _ , y ~.. ~ ~ ~ ~'~ ~ ~ COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 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. NAME OF APPELLANT Cumberland Valley Motors ADDRESS OF APPELLANT 6714 Carlisle Pike DATE OF JUDGMENT 6/25/01 MAG. DIST. NO. OR NAME OF D.J, 09-3-04 Thomas A. Placey IN THE CASE OF (PLAINTIFF) Checker Cleaning CITY STATE ZIP CODE Mechanicsbur~ PA 17050 CLAIM NO. I SIGNATURE OF APPE HIS ATTORNEY OR AGENT CV YEAR CV-0000220-01 · [ , .. ,,. LT YEAR This block will be signed ONLY when this notation is required under PA, (DEFENDANT) ¥9, Cumberland Valle~ Motors, et a]. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. If app~llantwas CJa~rnant (see PA R.C.P.J.P. No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT withl~ 4wenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FiLE (This section of form to be used ONLY when appellant Was DEFENDANT (sea PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appollea. : PRAECiPE: To Prothonotary : Enter rule upon Checker Cleaning, , appellee(s), to~lile a complaint in this appeal Name of appellee(s) (Common Pleas No.I~~ within twenty (20) days after sen/ice of ndeor suffer entry of judgment of non pros. RULE: To Checker Cleaning ,appellee(s) Name of appellee(s) (1) You are notified that.:~ rule is he[eby e~ered upon you to file a complaint in th s appeal within twsuty(20) days after the date of ser~e g.kthis'~ule up~you.r~ personal service or by certified or registered mail. (2)If you do not file a ceml~r~ ~m~in ~'time/a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAEClPE.., (3) The date of service of th~ ?~,lf se wa y marl is the date of the mailing. ! ,, - S/gnature O~ P~ootso, or D~u~y ' White - Prothonotary Copy Green - Court File Copy Yellow - AppeMnt's Copy Pink - Appellee Copy Gold - D.J. Copy Proth. - 76 Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. $2164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys :[or Counter-Defendant S.A. HARPER, INC., d/b/a CHECKER CLEANING, Plaintiff CUMBERLAND VALLEY MOTORS, Defendant IN THE COURT OF COMMON PLEAS OF CLIMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4460 Civil Term CIVIL ACTION - LAW PRAECIPE TO SATISFY TO THE PROTHONOTARY: Please mark the above-captioned matter as settled, satisfied, and discontinued with prejudice. KLINE LAW OFFICE By: Robert P. Kline, Esquire No. Attorney for Plaintiff METTF, EVANS & WOODSIDE By: t~ IZhn F. Y~ni~k, ~"~quire [.J~'D. No. 55ff41 Attorney for Defendant Dated: 'Y[/,.~'( -30 ,2003 JOHNSON, DUFFLE, STEWART & WEIDNER Micl~el/d'. Cassidy, Esquire I.D. N6. 82164 Attorney for Counter-Defendant :213714