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HomeMy WebLinkAbout02-2864COMMONW'~AtlI4' O~PENNSYLVANIA Cumberland NOTICE OF APPEAL I:ROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL ~o.. ~"~, "~?~ Notice is give~ that the appellant has filed in the above Court of Commo~ Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioued belov~ West Shore Pre-Owned 1107 Harrisburg Pike Carlisle PA 17013 West Shore Pre-Owned 5/16/02 Merrick & Fair vs CV ~e. nnnnn~/,-n~ ~--'~41.1~/~..~/LI?.~/,/. LTl9 11~is block will be slgned ONLY when this nototlon is mqdred under P~- R.C,PJ2. NO #appe#antwa$OLAIM'~NT($eePa. R.O.P,J,P. No. lO08B, 1001 (6) in action before District Justice, he MUST This Notice of Appeal, whe~ received by the District Justice, will operate as o SUPERSEDEA$ to the judgment for possessio~ in this fase~ FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonoary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of foew to be used ONLY when appellant was DEFENDANT (son 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 Merrick & Fair , oppeliee(s), to file a complaint in this appeal Name of eppe#ee(s) Enter rule upon (Common Pleas Nc~ Merrick & Fair Ne~ne of e~oeffe~s) RULE: To ) within twenty (20) days after service of rule or suffe~ entry of judgment of r~n pros. (1) You am notified that a rule is hereby e~tered 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 WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. COURT FILE TO BE FILED WITH PROTHONOTARY : IN THE cOURT OF cOMMON PLEAS MERRICK & FAIR, INC., cUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2002-2864 Civil Term V. AVE CLOUSER dlbla CIVIL ACTION - LAW ~EST SHORl~eRnE~aOnWtNED' JURY TRIAL DEMANDED TO: Merrick & Fair, Inc., Plaintiff and David A. Baric, Esquire, Attorney for plaintiff NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against yOU. Respectfully Submitted, Harrisburg r-_~_ ,, '7" i;f-17) 238-4798 f (,717) 238-4793 - Fax Pa. I.D. No. 25827 MERRICK & FAIR, INC., Plaintiff DAVE CLOUSER d/b/a WEST SHORE PRE-OWNED Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2864 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER AND NOW, comes the Defendant, West Shore Pre-Owned, by its attorney, Lawrence J. Neary and respectfully represents as follows: 1. Admitted. 2. Denied. "West Shore Pre-Owned" is a corporation organized under the laws of the State of Arizona. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that cars were delivered to the Plaintiff for cleaning, detailing and/or making repairs. However, said cars were delivered for the purpose of obtaining an estimate of the cost of said services and under no circumstances were any such services to be performed until a written authorization was obtained from the Defendant. An example of said written authorization is the signature indicating approval on Exhibit A-l. 5. Denied. It is denied that Defendant is obligated to the Plaintiff in the amount of $3,182.47 for the reasons set forth below in the allegations contained in the New Matter. 6. Admitted in part and denied in part. It is admitted that a demand has been made. It is denied that Defendant owes the Plaintiff the outstanding balance claimed by the Plaintiff. herein. 8. Denied. reference herein. 9. Denied. dispute. 10. required. 11. Complaint. 12. herein. COUNT I BREACH OF CONTRACT The answers to paragraphs 1 through 6 are incorporated by reference The answers to paragraphs 4 and 5 above are incorporated by Defendant has attempted to resolve the amount owed which is in Paragraph 10 states a conclusion of law to which no responsive pleading is Denied. The Plaintiff is not entitled to recovery of the amount set forth in the COUNT II QUANTUM MERUIT The answers to paragraphs I through 11 are incorporated by reference 13. Denied. It is denied that the Defendant has benefited from all of the services and materials provided by the Plaintiff. By way of further answer, the answer to paragraph 4 is incorporated by reference herein. 14. Denied. The answer to paragraph 13 is incorporated by reference herein. NEW MATTER 15. Gregory A. Amsley, on more than one occasion, advised Pete Fair, Rick Merrick and Tony and Ellen, employees of the Defendant, that written authorization for services had to be obtained before any services were performed and that West Shore Pre- Owned would only be responsible for the amount that was pre-authorized. 16. The invoice for the 1997 Civic in the amount of $366.92 (Exh. A-l) represents the only invoice for which a written approval was obtained. 17. The repairs for the 1991 Eldorado (Exh. A-2, Exh. A-3 and Exh. A-4) by ag reement were to be performed at the wholesale price charged to West Shore Pre-Owned and said charges were to be billed directly to the new owner of the vehicle. The excess charge was initially $48.58 when payment arrangements were discussed but upon the filing of the Complaint there is added an additional charge of $86.59. 18. There was no written authorization obtained for the repairs to the Camaro which the Defendant, however, acknowledges to be $541.87 (Exhs. A-5, A-6 and A-7). 19. The agreement between the parties for any pick up and reconditioning was that the charge for reconditioning was $85.00 plus $35.00 for pick up and delivery such that the agreed upon charge for the following vehicles are: Vehicle Charged Admitted Exh. A-8 1996 Ford Explorer $166 + $10 $120.00 Exh. A-9 1993 Saturn $146 + $10 $120.00 Exh. A-10 1989 Camaro $141.00 $120.00 Exh. A-10 1993 Volkswagen $141.00 $120.00 Exh. A-11 1992 Honda Civic $141.00 $120.00 $755.00 $600.00 20. Gregory A. Amsley, on more than one occasion, advised representatives of responsible for the payment: Exhibit Charged A-12 1992 Nissan $126.00 A-12 1996 Chevrolet Tahoe $55.00 A~13 1997 Honda Civic $91.00 A-13 1989 Ford Ranger $120.00 A-14 1989 Ford Escort $55.00 A-14 1995 Camaro $141.00 A-15 1993 Ford Explorer $156.00 + $10.00 A-16 1989 Dodge $141.00 the Plaintiff not to release vehicles on which services had been performed until payment was received for those services from the individual picking up the vehicle. 21. As a result of the Plaintiff failing to follow the direction of the Defendant, the following charges were incurred which the Defendant did not authorize or agree to be A-16 1991 Mazada $141.00 A-17 1996 Saturn $50.00 A-17 1993 Ford Taurus $141.00 A-18 1988 Calais $131.00 Total Disputed Amount $1,358.00 22. Defendant admits responsibility for the following charges: 1997 Civic Repair 1989 Camaro Reconditioning (See paragraph 19) $366.92 $541.87 $600.00 $1,508.79 23. A payment was made on April 9, 2002 in the amount of $415.50 which when applied to the balance above results in a remaining unpaid balance of $1,093.29 owed by the Defendant. WHEREFORE, Defendant requests that Counts I and II of PlaintifFs Complaint be dismissed and judgment entered in favor of the Plaintiff and against the Defendant in the amount of $1,093.29. Date: Respectfully Submitted, LAa~rne~;- r~;~~re (717)238-4798 (717)238-4793- Fax Pa.I.D. No. 25827 VERIFICI~,Ti [, Greglol¥ .g,.. "~m::ley. b~inLi au',noff'i~ed to In;~ke ~'ch VGI'JfiCH:.jcr~ C*I] Shore Pre-Owned, c ~; t~,: n~by v~rif.~ th~.~t th~ s*:atel'~rds mad,¢ '.n ~he f~te~,)in~ A~'I~;w~,~ and st!bject I~ tho pnnatt ~:.s ~'F 1( Pa.r].S. Section 4904, rek~tir~g to uno,worn falsification to ~otnorltles. CERTIFICATE OF SERVICE I, Lawrence J. Neary, Esquire, attorney for the Plaintiff/Defendant, hereby certify that I have on the date shown below served a copy of the foregoing Answer and New Matter to the person and in the manner indicated below: UNITED STATES FIRST CLASS MAIL, POSTAGE PREPAID David A. Baric, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 Date: Respectfully Submitted, Lawre~'~-J ~-/N~ary, Esqu~ Att? r[;~/eY fo r O~fend an, P'' 10~,,112 Walnut Stre,~t Harrisburg PA 171q1-16~9 (717)238-4798 (717)238-4793 - Fax PA I.D. No. 25827 MERRICK & FAIR, INC., Plaintiff, DAVE CLOUSER dPo/a WEST SHORE PRE-OWNED, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 2864 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 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 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, Pennsylvania 17013 (717) 249-3166 MERRICK & FAIR, INC., Plaintiff, Vo DAVE CLOUSER d/b/a WEST SHORE PRE-OWNED, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 2864 CIVIL TERM CIVIL ACTION-LAW COMPLAINT NOW, comes Plaintiff, Merrick & Fair, Inc. ("Merrick & Fair"), by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the with'm complaint and, in support thereof, sets forth the following: 1. Merrick & Fair, Inc. is a Pennsylvania corporation with its principal place of business located at 1408 Holly Pike, Carlisle, Pennsylvania. 2. Dave Clouser d/b/a West Shore Pre-Owned ("West Shore") with the principal place of business being located at 1107 Harrisburg Pike, Carlisle, Pennsylvania. 3. Merrick & Fair is in the business of providing repairs and service for automobiles including, but not limited to, cleaning and detailing of automobiles and general maintenance and repair of automobiles. 4. West Shore has, from time to time, delivered automobiles to Merrick & Fair requesting that Merrick & Fair clean, detail and/or make repairs to vehicles. 5. Merrick & Fair provided services at the request of West Shore for certain automobiles which services are reflected on the bills attached hereto as Exhibit "A" and incorporated. The bills total $3,182.47. 6. Demand has been made upon West Shore to pay the outstanding balance. COUNT I BREACH OF CONTRACT MERRICK & FAIR, INC. vs. WEST SHORE PRE-OWNED 7. Paragraphs one through six are incorporated by reference as though set forth at length. 8. West Shore orally and through course of dealing agreed that it would pay Merrick & Fair for the services and materials Merrick & Fair provided to West Shore. 9. West Shore has failed and refused, without justification, to pay Merrick & Fair for services and materials provided by Merrick & Fair to West Shore. West Shore has breached the agreement to pay for the services and materials 10. provided. 11. All conditions precedent to recovery have been fulfilled. WHEREFORE, Merrick & Fair, Inc. requests judgment in its favor and against West Shore Pre-Owned for the sum of $3,305.60 plus costs and expenses and interest. COUNT II QUANTUM MERUIT MERRICK & FAIR, INC. vs. WEST SHORE PRE-OWNED 12. Paragraphs one through eleven are incorporated by reference as though set forth at length. 13. West Shore has used and enjoyed the services and materials provided by Merrick & Fair for the vehicles referenced on Exhibit "A." 14. West Shore has used and enjoyed these services and materials without making payment therefore and has been unjustly enriched thereby. WHEREFORE, Merrick & Fair, Inc. requests judgment in its favor and against West Shore Pre-Owned for the value of the services and materials rendered to West Shore Pre-Owned plus costs and expenses and interest. Respectfully submitted, O'BRIEN, BARIC & SCHERER David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaimiff dab.dirflitigation/fair/westshore.com VERIFICATION The statements in the foregoing Complaim are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsifications to authorities. DARE: ~"~ar,~Co-Owner Merrick & Fair, Inc. MERRICK & FAIR 1408 HOLLY PIKE CARLISLE, PA 17013 PH. (717) 249-8732 FAX (717) 249-13OO ¸Al Invoice 11o'; Smbt,,,q ~'b Cedde, PA 1'~13 24fL.,M~ TOTAL E~IBIT "A" (1) MERRICK & FAIR 1408 HOTLY PIKE CARUSLE, PA 17013 - ~ PH. (717) 249-6'732 - FAX (7t7) 249-1300 10/23/01 Invoice West ~ P~--Own~ Cadbk, PA I1L~O EXHIBIT "A" (2) TOTAL MERRICK & FAI~ 1408 HOLLY PIKE CARLISLE, PA 17013 PH. (717) 249-8732 FAX (717) 249-1300 Yl Invoice CfdJdt, PA 1'~i,1 I D~Jii'00J~ AND IIMTALL l',li'W STRUT ROD RIIi~q~8 3S.67 3S.6'7 EXHIBIT "A" (3) MERRICK & FAIF~ 1408 HOLLY PIKE CARUSLE, PA 17013 PH. (717) 249-8732 FAX (717) 249-1300 Invoice 11o'; Hmidmn Pb CmSd~ PA 1"1012 I 8mtt Rd BuMM nLM m.6'I bamulnr Mmidt & Fti, b y,~r Dif~gst Th~ rare EXH~'B~? ,,~,, (4) TOTAL B13'q.17 ?~,~ q~ ,~ MERRICK & FAIR 1408 HOLLY PIKE CARLISLE, PA 17013 PH. (717) 249-8732 FAX (717) 249-1300 Invoice (~tide, PA 17013 1 1 1 STATS Tim 10d4 45.OO 100~0 4S.00 100.00 /trod Z~n~r ]bi J~fl md Idhr Ama I /dhr Afro /.1~ I~# $ d~..~l 2 L41~ Bd hits 4Q,9~ ~J.~ 1 31.96 ISAI~ TOTAL '~×~]:BIT "~," (5) ROWE'$ PRINT SHOP (717) 249-5485 ROWE'$ PRINT SHOP (717) 249-5485 EXHIBIT "A" (7) EXHIBIT "A" 8) EXHIBIT "A" (9) EXHIBIT "A" (10) EXHIBIT "A" (11) EXHIBIT "A" (14) EXHIBIT "A" :5) ~l~ NO ,* Invoice' DATE INVOICE # 9/4/01 a2048 BILL TO West Shore Pre-Owned 1107 Harrisburg Pike Carlisle, PA 17013 249-4662 TERMS SI MONTH MILEAGE VEHICLE 77376 88 Calais QUANTITY DESCRIPTION RATE I AMOUNT MFP APPEARANCE & DETAIL 91.00 91.00 transportatio~ charge pick up @ C_mldens 35.00 35.00 3.524 Regular Unleaded Gasoline 1.41884 5.00 Total $131.00 EXHIBIT "A" (18) CERTIFICATE OF SERVICE I hereby certify that on June ~ , 2002, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of a Complaint, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Lawrence J. Neary, Esquire 108-112 Walnut Street Harrisburg, Pennsylvania 17101 David A. Baric, Esquire 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 [] a copy of the Notice of Appeal, Common Pleas NO (date of service) receipt attached hereto, and upon the appellee, (name) , upon the District Justice designated therein on , [] by personal service [] by (certified) (registered) mail, sender's , on ,19 [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ,19 . [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME Signature of affiant THIS DAY OF , 19 · FRO : WE~ SHOR~ PREOWNED FAX NO. COMMONWEALTH OF PENNSYLVANIA COUNTY OF: 09-3-03 ~USAN K. DAY ~. ~O~LY SPRIGS, P~ T,~.p,,,~: <717 ) 486-7672 1706S W~ST SHORE PI~E-OWN~ 1107 HARRISBU~Q PIF, E CARLISLE, PA 17013 :7172494662 -~ in. 07 2002 01:59PM Pi NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE FMEItKICK & FAIR 1408 HOLLY PIKE CARLISLE, PA 17013 FW~ST BHOKE PRE-OWRaD 1107 HARRISBURG PIKE CARLISLE, PA 17013 Docket No.: C'V-0000094- 02 Date Filed: 4/09/02 THIS IS TO NOTIFY YOU THAT: -Judgment: ....... [~ Judgment was entered for: (Name) Judgment was entered against: (Name) in the amount of $ 1 .. 3t1~ on: (Date of Judgment) ~ Defendants are jointly and severally liable, ~ Damages will be assessed on; --]This case dismissed without prejudice. ~-~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $ .... [] Levy is stayed for~days or [] generally stayed, ]Objection to levy has been filed and hearing will be held: (Date & Time) Amount of Judgment $ 3· 182.47 Judgment Costs $ 123,13 Interest on Judgment $ . O0 Attorney Fees $ - 00 Total $,,3~ 30~;.60 Post Judgment Credits $. Post Judgment Costs $. Certified Judgment Total Date: Place: Time: 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/~E~,~E OF JUDGMEN~ANSC~T FORM WITH YOUR NOTICE OF APPEAL. ~ce~ifyth~thisisatrue~ndc~rrect~py~t~rec~fthlpr~ceed~ngsc~nta~n~ngthejudgment~I Date , District Justice I My commission expires first Monday of January, 2004 SEAL AOPC 315-99 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice COMMONWEALTH OF PENNSYLVANIA COUNTY OF Dauohin ;ss AFFIDAVIT: t hereby swear or affirm that I served ~ a copy of the Notice of Appeal, Common Pleas No, 02-2864 C±vil , upon (date of service) 3une 13, 2002 , [] by personal service Merrick & Fair receipt attached hereto, and upon the appellee, (name) ¢.,.~_ 13 ,-~e ?on? [] by personal service [] by (certified) (registere [] and further that l served the Rule to File a Complaint accompanying the above Noti( __ ,-'~9 2002[~ by per~ the Rule was addressed on 3une 13 mail, sender's receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME Title of official My commiss~oll expires r'o FILE COMPLAINT f appeal. Check applicable boxes) he District Justice designated therein on ~3 by (certified) (registered) mail, sender's on J) mail, sender's receipt attached hereto e of Appeal upon the appellee(s} to whom ~)nal service]~ by (certified) (registered) eof affi'~ant ClIRt.~SI.E ~ t7013 O" Postage m Return Receipt Fee r~l (Endorsement Required) rtl Restricted Delivery Fee C::I (Endorsement Required) Total Postage & Fees n I Reciplent's Name (Please Print Clearly) (to be completed by mailer) I ~-~;*~-~; ~*P'~.'~'./;//~'b~; ~.- ............................................... r-,,_, ................... ~--I J ci~ State,. ziP+4 ........................ D-- Postage Return Receipt Fee · 0 (Endorsement Required) rtl r~ Restricted Delivery Fee ~.~ r--I (Endorsement Required) r~ Total Postag® & Fees $ ~'.~4 06/t3/2002 I Recipient's Name (Please Pr~t Clearly) (to be completed by mailer) [Honorable Susan K. Day [229 Mill St., Box 167 MERRICK & FAIR, INC., Plaintiff, DAVE CLOUSER d/b/a WEST SHORE PRE-OWNED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2864 CIVIL TERM CIVIL ACTION-LAW REPLY TO NEW MATTER AND NOW, comes Plaintiff, Merrick & Fair, Inc. ("Merrick & Fair"), by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Reply to New Matter and, in support thereof, sets forth the following: 15. Denied. To the contrary, Gregory A. Amsley never made such statements to the individuals identified. 16. Denied. It is denied that "written authorization" was ever mandated by the Defendant in his business dealings with Plaintiff. 17. Denied. The charge was $86.59 and Defendant owes that sum to Plaintiff for the work identified. 18. Admitted in part and denied in part. Admitted that the repairs were performed for the amount stated. Denied that written authorization was necessary or mandated by Defendant at anytime. 19. Denied. To the contrary, the charges as set forth on Exhibits A-8 through A-11 set forth the actual amount owed by Defendant to Plaintiff for the services provided. 20. Denied. To the contrary, Gregory A. Amsley never advised representatives of Plaintiffnot to release vehicles on which services had been performed by Plaintiff. 2 I. Denied. To the contrary, Defendant owes Plaintiff the amounts set forth on Exhibits A-12 through A-18 in the amounts noted on the Exhibits. 22. No response is necessary. 23. Denied. Plaintiff is holding two checks from Defendant which total $415.50, but said checks have not been negotiated. Further, it is denied that Defendant owes $1,508.79, rather, PlaintilTis owed the sum set forth in its Complaint. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as set forth in the Complaint of Plaintiff. Respectfully submitted, David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Merrick & Fair, Inc. dab.dir/litigation/merrick&fair/newmatter, rep VERIFICATION I verify that the statements made in the foregoing Reply To New Matter are true and correct to the best of my knowledge, information and belief. This verification is signed by David A. Baric, Esquire, Attorney for Plaintiff and is based upon the statements provided by Plaintiff, as well as documents reviewed by the undersigned as attorney for Plaintiff. This verification will be substituted and ratified by a verification signed by the Plaintiff who is presently unavailable to sign said verification. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unswom falsifications to authorities. David A. Baric, Esquire Dated: October 29, 2002 CERTIFICATE OF SERVICE I hereby certify that on October 7_~ ,2002, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Reply To New Matter, by first class U.S. mail, postage prepaid, to the party listed below, as £ollows: Lawrence J. Neary, Esquire 108-112 Walnut Street Harrisburg, Pennsylvania 17101-1609 David A. Baric, Esquire MERRICK & FAIR, 1NC., Plaintiff, DAVE CLOUSER d/b/a WEST SHORE PRE-OWNED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2864 CIVIL TERM CIVIL ACTION-LAW ORDER OF COURT AND NOW, ~t~2~/ ,2002, in consideration of the foregoing petition, ~_.~a_~ ~f), ~ff~ff~L~ sq., ( Z/~l~, ~/~,q/~'3 ~ Esq. and ~~,-Esa ff/- / tfF ~ ~),*/,$,~' -' are appointed arbitrators in the above-captioned action as prayed for. BY THECOURT, MERRICK & FAIR, INC., Plaintiff, DAVE CLOUSER d/b/a : WEST SHORE PRE-OWNED, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2864 CIVIL TERM CIVIL ACTION-LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, JUDGES OF SAID COURT: David A. Baric, Esquire, counsel for the Plaintiff in the above-captioned action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plalntiffin the action is $3,305.60. The follow/ng attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Lawrence j. Neary, Esquire 108-112 Walnut Street, Harrisburg, Pennsylvania 17101-1609 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, dab'dir/litigation/merrick&fair/arbitration.pet David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 MERRICK & FAIR, INC. DAVE CLOUSER d/b/a WEST SHORE PRE-OWNED · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · 02-2864 CIVIL TERM IN RE: APPOINTMENT OF ARBITRATORS ORDER OF COURT AND NOW, November 18, 2002, the appointment of Thomas J. Williams, Esquire, as chairman of the arbitration panel in the above-captioned matter is vacated, and Stephanie Chertok, Esquire, shall be appointed in his stead; Jeffrey Yoffe, Esquire, and Lucy Johnston-Walsh, Esquire, shall remain as arbitrators. By the Court, Geo.rg(e [~ol~!r,'~p.j. Stephanie Chertok, Esquire Chairman of the Arbitration Panel Thomas J. Williams, Esquire Jeffrey Yoffe, Esquire Lucy Johnston-Walsh, Esquire David A. Baric, Esquire Lawrence J. Neary, Esquire Court Administrator ]1..2 i, b,2~ MERRICK & FAIR, INC., Plaintiff, Vo DAVE CLOUSER d/b/a WEST SHORE PRE-OWNED, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2864 CIVIL TERM CIVIL ACTION-I_,AW PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION Please attach the following Substitute Verification to the: Reply To New Matter filed in this matter on October 29, 2002. Respectfully submitted, O'BRIEN, BARIC & SCHERER David A. Baric, Esquire I.D. #44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/litigation/merrick&fair/attach.pra VERIFICATION I, Pete Fair, verify that the statements made in the foregoing Reply To New Matter are true and correct to the best of my knowledge, information and belief~ I hereby ratify the verification previously supplied by my attorney, David A. Bade, Esquire and execute this verification as a substituted verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsifications to authorities. Date: ~e~dFair, Co-Owner Merrick & Fair, Inc. CERTIFICATE OF SERVICE I hereby certify that on Novembet~ 7 ,2002, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe To Attach Substitute Verification, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Lawrence J. Neary, Esquire 108-112 Walnut Street Harrisburg, Pennsylvania 17101-1609 David A. Baric, Esquire I