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HomeMy WebLinkAbout06-5217COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS . ,.,CUMBERLAND COUNTY JUDICIAL DISTRICT 09-3-04 7 44 I40TICE OF APPEAL *rt 'ca/ FROM // l/& p DISTRICT JUSTICE JUDGMENT COMMON PLEAS No ocp - S21 / 0; NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Now an appeal from the judgment rendered by the District Justice on the dab and in the case mentioned below ASSOCIATED PRODUCT SERVICES, INC. 09-3-04 PLACET ADDIESS OF MPELLAW STATE ary U cow C/O KODAK 6 IMBLUN PC PO UK 11848 HASRISBURG PA 17108-1848 ME OF JUDGMEW N DIE CASE Of rPIMYrp ) 08/17/2006 ASSOCIATED PRODUCT SERVICES, INC. IATA-JBUE>< AUMOM SIMV VCR CV 39- 0264-06 LT 19 This black will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. If appellant was CLAIMAN Pa. R.C.P.J.P. No. 1008& This Notice of Appeal, when received by the District justice, will operate as a 1001(6) in aCtlOr1 before District Jus MUST SUPERSEDERS to the judgment for possession in this case. FILE A COMPLAINT within twe ntY (20) days ter ignawre of aotnonotery or Deputy 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 (see Pa. R.CP.J.P. 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 nte e Of eppeeeele) , appellee(s), to file a complaint in this appeal (Common Plow No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros RULE: To , ?e?ee(s), Nsre of arWeL?eerel sgaere of Mwerbt a his aaovey or agent (1) You are notified that a nub is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rub upon you by personal service or by certified or registered mail. (2) If you do not fib a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rub if service was by mail is the dab of mcNlk . Date: , 19_. SipuEiae of Ploeiorgs,.y or ospM AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY 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 0 a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) ? by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on 19 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. 0 and further that Iserved the RuletoFileaComplaint accompanying theaboveNoticeofAppeal upon the appellee(s)towhom the Rule was addressed on , 19_, ? by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ,ig? Signature of of iant Signature of official before whom affidavit was made Title of official My commission expires or 19- N C ti 1 v o O -n cy, C/3 MM 0M y U < I COMMONWEALTH OF PENNSYLVANIA rcN INITY nF• CUMBERLAND 09-3-04 MDJ Name. Hon. THOMAS A. PLACEY Address: 104 S SPORTING HILL RD MECHANICSBURG, PA Mag. Dist. Telephone: (717) 761-8230 17050 ASSOCIATED PRODUCT SERVICES, INC. PO BOX 11848 C/O ENUPP, KODAK is IMBLUM HARRISBURG, PA 17108 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rASSOCIATED PRODUCT SERVICES, INC. , PO BOX 11848 C/O KNUPP, KODAK & IMMBLUM OARRISBURG, PA 17108 J VS. DEFENDANT: NAME and ADDRESS rDAVE KELLY ITA: KELLY AUCTION SRVC 525 LANSVALE STREET MARYSVILLE, PA 17053 L J Docket No.: CV-0000264-06 Date Filed: 5/03/06 THIS IS TO NOTIFY YOU THAT: DEFAULT JUDGMENT DEF. Date of Jud ment) 8/17/06 Judgment: - ® Judgment was entered for: (Name) DAVE KELLY ITA: KELLY AUCTION SRVC ® Judgment was entered against: (Name) f Date ASSOCIATED PRODUCT SERVICES, I in me amounr or y Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. E Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of -residential lease -T, 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 JUDGMENT/TRANSCRIPT 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. aG Date Magisterial District Judge I certy t At this is a true a corr edings containing the judgment. ate Magisterial District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315-06 DATE PRINTED: 8/17/06 4:35:00 PN " F C I TICS APPEAL AND RULE TO FILE COMPLAINT d 3 FILED} WITHIN TAN (10) DAYS AFTER filing the notice o` appeal. Check applicable boxes) COUNTY O ._.??? ; ss AFFIDAVI : -)r affirm that I served Ap l rrtc ! 5?? -upon J by personal service t ,,on the a on ??? ?b? ;x'd CI t,? p- _ Dn V e )by (certified) (zrac r ) J. `s receipt attached hereto. yule to File a Corn plaint accornpar} . {f the above Notice of Appel 'upon the appellee(s) t wh El by personal serve 1 TI - ?_ AY Signature of affiant Commonwealth of Penns vania I Notarial Seal r Bonnie Jo 1-U, Notary Public c City Of Han*W9, - MY Co mis E>rreidyy County Member Penns YN?nia As - -- ; t nt r-3 : - sot?aTOn ( Motar(es " CERTIFIED MAIL. RECEIPT (Domestic D-' For delivery information visit our website at www.usps.coma i Ln Er O Postage s, ra p Certified Fee r t_'r Return Reciept Fee Postmark p t Required) (Endorsement b SEP a C3 ResMaed Delivery Fee r-9 (Endorsement Required) m Total Postage & Fees PS Form 3800, June 2002 CERTIFIED MAIL. RECEIPT M - - -... r? r y--------------- or PD Box No. IRS/?s A 1, 94,60 (Domestic Mail OnlY,• No Insurance Coverage Provided) u7 C' O r-9 O Certified Fee O O Return Reclept Fee (Endorsement Required) r-3 ResMOted Delivery Fee rr-1 (Endorsement Required) M M 0 O tt . R COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na 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. NAML CX APMUAni --- ASSOCIATED PRODUCT SERVICES, IIIIC. 109-3-04 PLACKY ADURM kX APPELLANT -- "-- - - - C/O MAK A I.MBLUM PC PO BOX 11848 HARRISBURG ) I7108-184$ DATE OF JUDCWZNT N THE CASE OF (F`WrkiN) (l?erenoanrl 08/17/2006 ASSOCIATED PR RVICES, I11C. NO SIGNATURE OF APP CLAYM OR CV 1M 0264-06 LT 19 T n I= PO us PA 17108?1 'quired under F rPip." No. tf appellant was CLAII(i'I' " A'Pa. R.C.P.J.P. No. This block will be signed 40MY when this; not+rJfion is re 10088. This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice,. he MUST SUPERSEDERS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after filing his 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 ONLY when appellant was DEFENDANT (see 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 appellee). PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of appellees) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or his allomey or agent RULE: To aPP(s) Name of appeNee(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 ulson 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 WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: 19? . SignetRwe of Prothonotary or Dgouty Y tr AOPC 312-90 NOTICE OF APPEAL FROM COURT FW1 ASSOCIATED PRODUCTS SERVICES, INC Plaintiff V. DAVE KELLY individually and trading as KELLY AUCTION SERVICES Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06- 5217 : CIVIL DIVISION -LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIES QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 ASSOCIATED PRODUCTS SERVICES, INC. Plaintiff V. DAVE KELLY individually and trading as KELLY AUCTION SERVICES Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06- 5217 CIVIL DIVISION - LAW COMPLAINT The Plaintiff, ASSOCIATED PRODUCTS SERVICES, INC., by its attorneys, KODAK & UABLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of THREE HUNDRED SEVENTEEN DOLLARS AND EIGHTY-FOUR CENTS ($317.84) plus interest at the statutory rate from January 3, 2006, upon a cause of action of which the following is a statement: The Plaintiff, ASSOCIATED PRODUCTS SERVICES, INC., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and place of business at 2 East Road, PO Box 231, Mechanicsburg, Cumberland County, Pennsylvania 17055. The Defendant, DAVE KELLY, individually and trading as KELLY AUCTION SERVICE, is an adult individual residing at 525 Lansvale Street, Marysville, Perry County, Pennsylvania 17053. 3. On or about December 3, 2005, Plaintiff, at the special instance and oral request of the Defendant, performed labor and provided services of the kind and description set forth on said Exhibit "A" attached hereto and made a part hereof, for the amount of Three Hundred Seventeen Dollars and Eighty-Four Cents ($317.84). 4. The prices charged for said labor performed and services provided were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant orally promised and agreed to pay to Plaintiff. FAUSEMOBIN\CCP&M CMPS\CCP COMPLAINWAPSI 32182.wpd:05Sep06 The balance due and owing by Defendant to Plaintiff is the sum of Three Hundred Seventeen Dollars and Eighty-Four Cents ($317.84), as appears on Exhibit "A". 6. Plaintiff frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant has refused and neglected and still refuses and neglects to pay said amount of any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of THREE HUNDRED SEVENTEEN DOLLARS AND EIGHTY-FOUR CENTS ($317.84) plus interest at the statutory rate from January 3, 2006. Respectfully submitted, KODAK , P.C. Robert D. Kodak 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney ID No. 18041 Attorney for Plaintiff F:\USER\R0B1N\CCP&DJ CMPS\CCP COMPLAINTS\APSI 32182.wpd:05Sep06 2 . A . 800-433-2070 FAX 717-766-4299 ASSOCIATED PRODUCTS SPECIALISTS IN WASTE MANAGEMENT 2 EAST RD MECHANICSBURG, PA. 17055 BILLING ADDRESS KELLY AUCTION SERVICE 525 LANSVALE ST MARYSVILLE, PA 17053 INVOICE INV#= 504627 DATE= 12/03/05 SITE#= 18966 PO#= TAX%= 6.00 TERMS= COD Page: 1 CUST #= El 8966 TAX#= MRKT= PT1 SITE ADDRESS KELLY AUCTION SERVICE 2031 STATE RD DUNCANNON, PA 17020 Phone: 957-4322 Phone: 957-4322 UNIT NUMBER DESCRIPTION ITEM RATE %TAX AMOUNT 12/27/05 12/27/05 FUEL SURCHARGE 1.000 8.490 8.49 10280 11/30/05 12/27/05 PORTABLE PT1-RENT 68.00/MTH 6.00 68.00 10280 11/30/05 12/27/05 PORTABLE PT1-DAMG 2.72/MTH 6.00 2.72 10289 11/30/05 12/27/05 PORTABLE PT1-RENT 68.00/MTH 6.00 68.00 10289 11/30/05 12/27/05 PORTABLE PT1-DAMG 2.72/MTH 6.00 2.72 SALES TAX 8.99 Total this invoice: 158.92 ALL INVOICES OVER 30 DAYS LATE INCUR A FINANCE CHARGE OF 18.00/a/YR OR A MINIMUM CHARGE OF 5.00 PER INVOICE - - - - - - - - - - - KELLY AUCTION SERVICE - - - - - - - - - - - - - - DETACH AND RETURN WITH PAYMENT Invoice#= 504627 Site#= 18966 Cust #= E18966 statment date 03/10/06 Sub total this invoice 149.93 Future 0.00 Tax 8.99 Current 0.00 Paid amount: 0.00 30+ 0.00 Current invoice balance: 158.92 60+ 0.00 Previous balance 158.92 90+ 317.84 EXH03FT Total Due 317.84 Total due: 317.84 Paid amount: SEP-05-2006 09:12 KNUPP KODAK & IMBLUM VERIFICATION 717 238 7158 P.05 I, ARTHUR NELSON, VICE PRESIDENT of ASSOCIATED PRODUCTS SERVICES, INC., verify that the statements made in the aforegoing 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 unworn falsification to authorities. Associated Products Services, Inc. By ?L(ds?1 `?? ?" Title: Dated: ? S 32182 FAUSERIROBIN\CCP&DJ CMPS\CCP COMPLAINTSIAPSI 32182.wpd:05Sep06 TOTAL P.05 ASSOCIATED PRODUCTS SERVICES, INC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v DAVE KELLY individually and trading as KELLY AUCTION SERVICES Defendant : NO. 06-5217 CIVIL TERM : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that on September 15, 2006, a true and correct copy of the Complaint in the above-captioned matter was served upon the Defendant, via Regular U.S. Mail , deposited at Harrisburg, Pennsylvania, addressed as follows: DAVE KELLY IND & T/A KELLY AUCTION SERVICE 525 LANSVALE STREET MARYSVILLE, PA 17053 KNUPP, KODA"BLUM, P.C. Robert D. Kodak, Esquire 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney I.D. No. 18041 Attorney for Plaintiff c ?, ? -??-? ?. cr t/7 ?3 ?' ?ti -vd ??' C. `.? ?' ? ? ASSOCIATED PRODUCTS SERVICES, INC Plaintiff V. DAVE KELLY individually and trading as KELLY AUCTION SERVICES Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06- 5217 CIVIL DIVISION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientcs paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier sums de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 ASSOCIATED PRODUCTS SERVICES, INC Plaintiff V. DAVE KELLY individually and trading as KELLY AUCTION SERVICES Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NO. 06- 5217 : CIVIL DIVISION-LAW 1. The Defendant, David W. Kelly rented two portable toilets from Associated Products for a monthly rental fee of $68.00 plus $2.72 damage waiver fee per toilet for a total monthly rental fee of $141.44 per month plus fuel surcharge. 2. The Plaintiff delivered the portable toilets on November 30, 2004 and received check #2524 in the amount of $308.48 for the first two months rant. Subsequently the Defendant paid to the Plaintiff a total of $1,715.06 in additional rental fees for a total of $2023.54. This amount represents payment for 13 months of rental on the two toilets. The Plaintiff was notified two weeks ahead of time that the Defendant would be finished with the toilets on December 16, 2005 and to pick them up on that day making the total rental period 12 months and 16 days. 3. The plaintiff never picked up the toilets on the le and the defendant made another call to the plaintiff's office the following week to inquire as to why they were not removed. The receptionist assured the defendant that they would be picked up shortly. Several more weeks passed and the Plaintiff made no attempt to retrieve his toilets which prompted another call by the Defendant to the Plaintiffs office. The receptionist, at this time ask the Defendant if they were even accessible because of the wet ground. The Defendant assured her that they were sitting on a stone parking lot and that the driver would have no problem getting to them. Still more time passed before they were removed by the Plaintiff. If the Plaintiff is trying to collect for the time they were negligent on retrieving their property they should be denied. 4. The Plaintiff was paid for 13 months rental on a 12 month 16 day rental and is due no fin-ther compensation from the defendant. The Defendant, David W. Kelly brings this action ofAssumpsit against the Plaintiff to recover the sum of ONE THOUSAND DOLLARS ($1,000) upon a cause of action of which the following is a statement. 1. The PlaintiM ASSOCIATED PRODUCTS SERVICES, INC., was paid more than in full by the defendant yet filed a frivolous suit against the Defendant with Thomas Placey. The hearing was scheduled for August 17, 2006 at 1:45 p.m. Neither the Plaintiff nor their attorney showed up for the hearing,. Judge Placey never saw the Defendant until 3:45 p.m. and entered a judgement in favor of the Defendant. This resulted in a loss of over 6 hours of time by the defendant in preparation time, travel time and waiting time at the District Justice office. 2. The Plaintiff has now taken this frivolous suit to the Court of Common Pleas of Cumberland County and is further subjecting the Defendant to more lost time in preparing this answer, traveling to and from the courthouse and time to file this answer. The defendant will have additional lost time traveling to and from the court house to show up for the court date to defend this frivolous suit and should be compensated. WHEREFORE, Defendant brings this suit to recover from Plaintiff the sum of ONE THOUSAND DOLLARS ($1,000.00). Respectfully submitted, ?v avid W. Kelly 525 Lansvale Street Marysville, PA 17053 (717) 957-4322 C7 CY r.2 ? C ? ASSOCIATED PRODUCTS SERVICES, INC Plaintiff V. :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :NO. 06- 5217 DAVE KELLY individually and trading as : CIVIL DIVISION-LAW KELLY AUCTION SERVICES Defendant CERTIFICATE OF WEL)U" I, DAVID W. KELLY, hereby certify that on October 3, 2006, a true and correct copy of the Answer to Complaint and New Matter in the above-captioned matter was served upon the Defendant, via Regular U.S. Mail and Certified Mail, deposited at Marysville, Pennsylvania, addressed as follows: Associated Products Services, Inc. c% Robert D. Kodak, Esquire Kodak & Imblum, P.C. 407 North Front Street P. O. Boa 1848 Harrisburg, PA 17108-1848 Respectfully submitted, David W. Kelly 525 Lansvale Street Marysville, PA 17053 (717)9574322 ? cr% .. r l f N t. Robert D. Kodak, Esquire Supreme Court I.D. 18041 KNUPP, KODAK & IMBLUM, P.C. Post Office Box 11848 407 North Front Street Harrisburg, PA 17108-1848 717-238-7151 Fax: 717-238-7158 email: robert.kodak@verizon.net Attorney for Plaintiff ASSOCIATED PRODUCTS SERVICES, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 06-5217 DAVE KELLY individually and trading as : KELLY AUCTION SERVICES CIVIL ACTION - LAW Defendant :I PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, comes Plaintiff, Associated Products Services, Inc., and responds to Defendant's New Matter as follows: 1. Admitted in part and denied in part. It is denied that Plaintiff has been paid in full for services rendered. It is further denied that the suit filed with the District Justice was frivolous in any way, shape or form. Additionally, it is admitted that neither Plaintiff, nor his attorney, appeared for the hearing and the Court was advised that they were unable to do so due to scheduling conflicts. It denied as to when the District Justice actually saw the Defendant and entered the judgment in favor of the Defendant. It is denied that Defendant is entitled to any type of compensation for his time involved. -11 ?cco?onau i?nniSC WORK\32182.Reo1y to NM.wpd 1 2. Admitted in part and denied in part. It is admitted that Plaintiff has appealed to the Court of Common Pleas of Cumberland County, Pennsylvania as it has every right to do so under the Pennsylvania Rules of Civil Procedure. The appeal is de novo. All other allegations are denied as to frivolity and Defendant's lost time traveling and defending this suit. WHEREFORE, Plaintiff respectfully requests that Defendant's New Matter, plead more in terms of a counterclaim, be denied and that this Honorable Court enter judgment in Plaintiffs favor as prayed for in its Complaint. Respectfully submitted, KODAK & IMBLUM, P.C. Robert D. Kodak, Esquire 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 (717) 238-7182 Attorney I.D. No. 18041 Attorney for Plaintiff -t-M I AO KAI Cr' %AInok%z91R9 Ranly to NM.wod 2 VERIFICATION I, ARTHUR NELSON VICE PRESIDENT , (name) (title) of ASSOCIATED PRODUCTS SERVICES, INC., verify that the statements made in the aforegoing 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 falsification to authorities. ASSOCIATED PRODUCTS SERVICES, INC. By: Title: Vice President Dated: /6- A- 0 6 32182 CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that on April 26, 2006, 1 served a true and correct copy of the PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: DAVE KELLY KELLY AUCTION SERVICES INC 525 LANSVALE STREET MARYSVILLE PA 17053 KODAK & IMBL M P.C. s / F/" r Robert D. Kodak, Esquire 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7152 Attorney I.D. No. 18041 Attorney for Plaintiff Dated: lO O? 3 -.. -r+1o?01K11hn1cr Xn1nRK\391R9 Reoly to NM.wpd C3 ?+a d i ..a % L ASSOCIATED PRODUCTS SERVICES, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2006-5217 DAVE KELLY individually and trading as KELLY AUCTION SERVICES : CIVIL ACTION -LAW Defendant PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert D. Kodak, Esquire, counsel for the plaintiffs in the above action, respectfully represents that: 1. The above-captioned action(s) isfare at issue. 2. The claim of plaintiff in the action is $317.84, plus interest from January 3, 2006. The counterclaim of the defendant in the action is: $1,000.00 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: ROBERT D. KODAK, ESQUIRE (KODAK & IMBLUM, P.C.) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully WbMj-i d, Robert D. Kodak, Esquire Kodak & Imblum, P.C. PO BOX 11848 Harrisburg, PA 17108-1848 (717) 238-7151 AND NOW, Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. BY THE COURT: ORDER OF COURT 2006, in consideration of the foregoing petition, Esq., and Esq., and GEORGE E. HOFFER, P.J. a 1. CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that I served a true and correct copy of the PETITION FOR APPOINTMENT OF ARBITRATORS in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: DAVE KELLY KELLY ACTION SERVICES 525 LANSVALE STREET MARYSVILLE, PA 17053 KODAK & IMBLUM, P.C. Robert D. Kodak, Esquire 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney I.D. No. 18041 Attorney for Plaintiff Dated: October 30. 2006 ? d W ? t- t _' ? T? 4 ASSOCIATED PRODUCTS SERVICES, INC. Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-5217 DAVE KELLY individually and trading as KELLY AUCTION SERVICES : CIVIL ACTION -LAW Defendant PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert D. Kodak, Esquire, counsel for the plaintifffdefendamt in the above action, respectfully represents that: 1. The above-captioned action(s) isfare at issue. 2. The claim of plaintiff in the action is $317.84, plus interest from January 3, 2006. The counterclaim of the defendant in the action is: $1,000.00 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: ROBERT D. KODAK, ESQUIRE (KODAK & IMBLUM, P.C.) WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully sjL?d. Robert D. Kodak, Esquire Kodak & Imblum, P.C. PO BOX 11848 Harrisburg, PA 17108-1848 (717) 238-7151 ORDER OF COURT AND NOW, 'A4WI1irjYt__ , 2006, in consideration of the foregoing petition, IW4 Esq., aAibitrators Esq., and Esq., are in the aboned action (or actions) as prayed for. BY ? Q&_. .---..._... . P.J. COP q Al Nn QC : W-I 8- AM WIZ Advil011 ) ,, ?a? ??..Ilk CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that I served a true and correct copy of the PETITION FOR APPOINTMENT OF ARBITRATORS in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: DAVE KELLY KELLY ACTION SERVICES 525 LANSVALE STREET MARYSVILLE, PA 17053 KODAK 8 IMBLUM, P.C. Robert D. Kodak, Esquire 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney I . D. No. 18041 Attorney for Plaintiff Dated: October 30. 2006 i7 Rh ASSOCIATED PRODUCTS SERVICES, INC., PLAINTIFF V. : DAVE KELLY, ET AL., DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-5217 CIVIL TERM ORDER OF COURT AND NOW, this day of February, 2007, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED and C. Roy Weidner, Jr., Esquire, Chairman, shall be paid the sum of $50.00. C. Roy Weidner, Jr., Esquire Court Administrator By the Courtr sal Edgar B. Bayley, J. F ?? ?.. ....? ems. I LI { CC) C%4 ?? IN ASSOCIATED PRODUCTS IN THE COURT OF COMMON PLEAS SERVICES, INC. CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v NO. 2006-5217 DAVE KELLY individually and trading as KELLY AUCTION SERVICES CIVIL ACTION - LAW Defendant PETITION TO WITHDRAW APPOINTMENT OF ARBITRATORS AND NOW, this 27th day of February , 2007, comes the Plaintiff, ASSOCIATED PRODUCTS SERVICES, INC., by its attorneys, KODAK & IMBLUM, P.C., and files the following Petition to Withdraw Appointment of Arbitrators as follows: 1. On or about October 31, 2006, Plaintiff filed a Petition for Appointment of Arbitrators with this Honorable Court. 2. On November 18, 2006, this Honorable Court entered an Order appointing C. Roy Weidner, Jr., Joanne H. Clough and Michael J. Collins, to sit as Arbitrators in this matter, a true and correct copy of which is attached hereto, marked Exhibit "A" and made a part hereof. 3. The respective parties have reached a settlement thereby negating the necessity for an arbitration hearing. F:\USER\ROBIN\PRAECIPEWRBITRATION\32182 WD ARBITRATORS.wpd WHEREFORE, counsel for Plaintiff respectfully requests this Honorable Court enter an Order rescinding it's November 8, 2006 Order Appointing Arbitrators. Respectfully submitted, KODAK & IMBLUM, P.C. Robert D. Kodak, Esquire 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney I.D. No. 18041 Attorney for Plaintiff F:\USER\ROBIN\PRAECIPE\ARBITRATION\32182 WD ARBITRATORS.wpd ASSOCIATED PRODUCTS SERVICES, INC., Plaintiff V. DAVE KELLY individually and trading as KELLY AUCTION SERVICES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-5217 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF ARBITRA TORS' HEARING TO: Robert D. Kodak, Esquire David Kelly Kodak & Imblum, P.C. Kelly Auction Services P.O. Box 11848 525 Lansvale Street Harrisburg, PA 17108-1848 Marysville, PA 17053 AND NOW this 14"'ay of January, 2007, you are hereby notified that the arbitrators appointed in the above-captioned action will hold a hearing for the purpose of their appointment as follows: Date: February 2, 2007 Time: 9:00 a.m. Location: THE LAW OFFICES OF JOHNSON, DUFFIE, STEWART & WEIDNER, 301 MARKET STREET, LEMOYNE, PENNSYLVANIA CAVEATS: THOSE PARTIES WISHING TO INTRODUCE VIDEOTAPE EVIDENCE WILL BE EXPECTED TO HAVE THE NECESSARY EQUIPMENT TO DISPLAY THE VIDEOTAPE PRESENT AT THE ARBITRATION LOCATION. 2. IN THE EVENT THAT DEPOSITION TRANSCRIPTS ARE TO BE USED AS EVIDENCE, TRANSCRIPTS SHOULD BE PROVIDED TO EACH ARBITRATOR AT LEAST ONE WEEK PRIOR TO THE HEARING. 3. PARTIES WISHING TO ARGUE LEGAL POINTS WILL BE EXPECTED TO HAVE COPIES OF STATUTES, CASES, ETC., WITH RELEVANT PORTIONS HIGHLIGHTED FOR EACH ARBITRATOR AND OPPOSING COUNSEL AT THE COMMENCEMENT OF THE HEARING. C eidner, Jr., Esquire, Chairman Joanne H. Clough, Esquire, Arbitrator Michael J. Collins, Esquire, Arbitrator :289293 c: Court Administrator Bulletin Board, Prothonotary's Office -A- CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that I served a true and correct copy of the Petition to Withdraw Appointment of Arbitrators in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: DAVE KELLY I/A/T/A KELLY AUCTION SERVICES 525 LANSVALE STREET MARYSVILLE, PA 17053 C ROY WEIDNER JR ESQUIRE JOHNSON DUFFIE PO BOX 109 LEMOYNE PA 17043 JOANNE H CLOUGH ESQUIRE 24 N 32ND STREET CAMP HILL PA 17011 MICHAEL J COLLINS ESQUIRE MARTSON DEARDORFF 10 EAST HIGH STREET CARLISLE PA 17013 KODAK & IMBL , P.C. Robert D. Kodak, Esquire 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney I.D. No. 18041 Attorney for Plaintiff Dated: February 27, 2007 ?--°. __.,,, `r1 --?. --1 -i- --, ? (i1.-.: _.r., ?' _ .._- _? _ .. :: ? .. ?.. _. y ?..y ? l G ``? C? . --C 4 VAR 0 2 209 PV ROBERT D. KODAK, ESQUIRE KODAK & IMBLUM, P.C. 407 N FRONT STREET, PO BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7152 Attornev for Plaintiff ASSOCIATED PRODUCTS IN THE COURT OF COMMON PLEAS OF SERVICES, INC. CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v NO. 2006-5217 DAVE KELLY individually and trading as KELLY AUCTION SERVICES CIVIL ACTION - LAW Defendant ORDER OF COURT , 2007, in consideration of AND NOW, this day of A)2 the within Petition to Withdraw Appointment of Arbitrators, this Court's Order of November 11, 2006, appointing C. Roy Weidner, Jr., Joanne H. Clough and Michael J. Collins as Arbitrators, is hereby rescinded. JN`' 0 401 0461 pc 5"51 ce p ,4 ,q 00 J. OF THE 2001KAR _ rl 11: 2 1 ASSOCIATED PRODUCTS SERVICES, INC., PLAINTIFF V. DAVE KELLY, ET AL., DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-5217 CIVIL TERM ORDER OF COURT AND NOW, this day of February, 2007, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED and C. Roy Weidner, Jr., Esquire, Chairman, shall be paid the sum of $50.00. By the Court,. Edgar B. Bayley, J. C. Roy Weidner, Jr., Esquire Court Administrator :sal ? ? ?? _? _ - ?;= . ;. -?, 4 t? :.s, ..?L=.. l f L!..: rj."7 - - }d ? '?; ?---y , ?? {?