HomeMy WebLinkAbout02-3904COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS Ne,
NOTICE OF APPEAL 0,~ - ~,~c~o ~'
Notice ~s given that the appellant has fi~ed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice ae the
date and in the case mentioned below.
cv o ooZlT-o 2
~ bbck will ~ ~ ONLY ~n this ~tim is ~quJ~ U~ P~ R~?J?. ~
1008B.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case
Sk~nature of Prothonot~yorDeputy
frappe//ant was CLAIMANT (see Pa. R.C.P.J.P. No.
1 O01 ( 6 ) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of fee~ to be used ONLY when appellant was DEFENDANT (see t:~. R.C. RJ.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
~/~ ~'~ '~ ~ ~ ~'~1 ~ Y:~ L/ , appellee(s), to file a complaint in this appeal
) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
RULE.- To~,~/"~ /V~ ~'~*/'~-"~,~)'g)L~/ op.#eels).
(1) You am not/fled 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 t/me, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date o,f.._s~vice of this rule if service was by mail is the date of maili-~
AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COI'~'IPLAINT
(This proof of service ;~,4UST BE FILED WtTHfN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF : ; ..... :.; SS
AFFIDAVIT: t hereby swear or affirm that I served upor~ the D strict Justico designated therein on
n NoticeolA ea Common Pleas No ........ , ,
rece pt attached hereto and upon the appeJ ee, ~n~m,,) ~ v7 :
~ by personal service ~ by (cedfied) (registered) mali, ~enders recapt attached hereto
~ a~{~ {urther that I served the Rule to File a Complaint accompanying the above Notice oI Appeal upon the appellee(s) to whom
the Rule was addressed on ~ by p rsonal se'vce [~ by (certif ed) (registered)
ri,afl, sender s receipt attached hereto.
SWORN (AFFIRMED} AND SUBSCRIBED BEFORE ME
THIS DAY OF
/COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: OUt~E~T.,A/VD
09-3-04
THOMAS A. PLACEy
^~,ss: 104 S. SPORTING HILL RD.
MECHANICSBURG, PA
Telephone: (717) 761- 8230 17050
DON SPITLER/SOFA SELECTIONS
4920 CARLISLE PI~d~
MEf/{ANIcsBuRG, PA 17050
] 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.
NOTICE OF JUDGMENT/TRANSCRi
PL^ NT EF' CIVIL CASE
NAME and ADDRESS
~ZI~P.~ZAN, ANGELA M.
7111 CHAMBERS HILL RD
HARRISBURg, PA 17111
L
DEFENDANT: VS.
NAME and ADDRESS
~DON SPI?LEH/SOFA
4920 CARLISLE PIKE
M~C-F~ANICSBURG, PA 17050
THIS IS TO NOTIFY YOU THAT:
Judgment:
[] Judgment was entered for: (Name) ~
[] Judgment was entered against: (Name)_ D~ -q~T~ I~RT.R~T~r
in the amount of $ ~ ~79.3p~ on: (Date of Judgment)
]Defendants are jointly and severally liable.
(Date & Time)
o-: CV-0000217-02]
d: 4/23/02
'~mount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
$ 623.28
$ 56.0C
$- .o~
$__ 679.28
Post Judgment Credits $~
Post Judgment Costs $__
]Objection to levy has been filed and hearing will be held: Certified Judgment Total $_________
ANY PARTY HAS THE RIGHT TO APPEAL WITH N 30 DAYS AFT
OF APPEAL WITH THE PROTHONOTA . ER THE ENTRY OF JUDGMENT~ 8¥ ~1
MUST INCLUDE ^ ~' ........ .RY/CLERK OF THE COURT OF COMMON P,~ ....... ,,- .,LING'~ NOTICE
r~_ ,,~-~ .,~ ~ -~"~-,~, FORM WITH y~SN~TiCE OF A~A['
My commission expires first Monday of
AOPC 315-99 SEAL
OF TH:
02~1J1~21 P/'I 3:18
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (I0) DAYS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF __.~.~.'._~__~. ~.-/- f:~ ~ ........... ;SS
AFFIDAVIT: I hereby swear or affirm that I served
~[.a copy of the Notice of Appeal, Common Pleas No, <:~ - · ~ ~' ~f' upon the District Justice designated therein on
(date of service) _~-~_~__Q..~ ........ · ~, ~ ~ pers~aF~-~ice [~ by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name).~_..~E:/.,. ~ ~ Z,_,T],~.,W3_E~#VI~..x.2 ...... on
___~.~_CZ, ~ [] 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 ........ [] by personal service [] by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME
THiS c~ '~.. -~ DAY OF
JODYS. SMITH, NOTARY PUBLIC J
Carlisle Bore, Cumberland County J
My Commission Expires April 4, 2005/
· Complete items 1,2, and 3. Also complete
r = ~a..~? J~.._...._ item 4 if Restricted Delivery is desired.
Postage · Print your name and address on the reverse
Cer[ified FeeL~~~% SO that we can return the card to you.
~ ~ ~.~ /~/~ ,h~,~ I Attach this card to the back of the mailpiece, .
Return Receipt Fee or on the front if space permits.
(Endorsement Required) .
Total Postage & Fees
.......... r/~c~., ms__o'?______~__.___.__~.._~__c__~____~___? / / 1 ~ H 8 ff~ ~£,,'¢-~ ~ Z
or~OSox~o. ~___.,,?_____.~__~_~_...____~_ I?t~,~Z2~G i'°/~ 17/b
Ci~ State, ZIP+4
02. $~oy
2. Article Number (Copy from service label)
, (.~.~ ~__~ /0~,~ / PS Form 3811, July 1999
A. Received by ir'P/ease Print Clearly) B. Date of Deliver
C. Signature
X [] Addresse
D. Is delivery address diffe~ from itec117 [] Yes
If YES, enter deliver/address below: [] No
3. Service Type
~Certified Mail Express Mail
[] Registered [] Return Receipt for Merchandis
[] Insured Mail [] C.O.D.
4. Restricted Delivery? (Extra Fee) [] Yes
Domestic Return Receipt
102595-00-M-095~
ANGELA M, ZIMMERMAN
7111 Chambers Hill Road
Harrisburg, PA 17111
Plaintiff
DON SPITLER D/B/A
SOFA SELECTIONS
4920 Carlisle Pike
Mechanicsburg, PA 17050
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
ARBITRATION
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be entered
against you by the Court without further notice for any money claimed in the Complaint or for
any other claim or relief requested by the 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 17103
(717) 249-3166
(800) 990-9108
NOTICIA
Le han demandado a usted en la cone. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por
abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en
contra de su persona. Sea adisado que si usted no se defiende, la sin previo aviso o notificacion y
por cualquier quja o puede perder dinero o sus propiedades o otros derechos importantes para
usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17103
(717) 249-3166
(800) 990-9108
ANGELA M. ZIMMERMAN,
7111 Chambers Hill Road
Harrisburg, PA 17111
Plaintiff
DON SPITLER D/B/A
SOFA SELECTIONS
4920 Carlisle Pike
Mechanicsburg, PA 17050
Defendant
IN TI-I~E COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
ARBITRATION
COMPLAINT
AND NOW, comes the Plaintiff, Angela M. Zimmerman, who files this Complaint
and states the following.'
1. Plaintiff, Angela M. Zimmerman, is an adult individual who currently resides at
7111 Chambers Hill Road, Harrisburg, Dauphin County, Pennsylvania 17111.
2. Defendant, Don Spitler, d/b/a Sofa Selections, is a retail merchant of household
goods with its principal place of business located at 4920 Carlisle Pike, Mechanicsburg,
Cumberland County, Pennsylvania 17050.
3. On February 11, 2002, Plaintiffpurchased on special order from Defendant a
Fireworks sofa and one set of pillows in Lakeview Merlot fabric, in addition to a second set of
pillows in Bengal Caravan Merlot fabric, for the purchase price of $623.28 and an earnest money
deposit of $200.00.
4. On March 20, 2002, Plaintiff paid the balance of $423.28 on said sofa and pillows
after having been notified of their imminent delivery.
5. On March 22, 2002, said sofa and pillows were delivered to Plaintiff.
6. Plaintiff,, upon initial inspection of said sofa, noticed several defects and indications
of the sofa's inferior quality, and immediately contacted a representative of Defendant who stated
these were fixable problems and would have the reupholsterer contact the Plaintiff regarding the
problems.
7. The reupholsterer sent by Defendant to examine said sofa stated that the defects
and inferior quality problems noted by Plaintiff could be and would be repaired when the
necessary parts were received.
8. Plaintiff, upon further inspection of the sofa and prior to the completion of the
aforementioned remedial work, observed further structural problems including hollow sounding
arms, movement in arms and back, squeaky springs, spring marked fabric and foam padding
beginning to flatten; consequently, Plaintiff surmised that said sofa was inferior and defective in
many more aspects than were set forth in Plaintiff's original complaint.
9. On April 21, 2002, Plaintiff again contacted a representative of Defendant and
explained all the ways in which the sofa was defective, and she further explained her expectations
ora refund based on Defendant's representations regarding the quality and standards to be
expected in a new sofa.
10. Defendant rejected Plaintiff's request for a refund of said sofa, and rejected
Plaintiff's alternative request to have a sofa floor model reupholstered to her specifications to
compensate for the loss of said defective sofa.
11. Plaintiff contends the aforementioned sofa was inherently defective and of inferior
quality, and it did not meet the standards of its intended use, or the standards represented by
Defendant to be expected ora new sofa - even with the repairs proposed by the Defendant.
12. Defendant breached the implied warranty of merchantability with respect to the
sofa and has refused compensation to the Plaintiff.
WHEREFORE, Plaintiff.demands Judgment against Defendant, Don Spitler, dgo/a Sofa
Selections, in the amount of $623.28 together with interest, delay damages, and costs of suit,
which is an amount requiring this matter to be submitted to compulsory arbitration.
Date:
Respectfully submitted,
ANGELA M. ZIMMERMAN
.VERIFICATION
I, ANGELA M. ZIMMERMAN, hereby acknowledge that I am the Plaintiffin this action,
and that I have read the foregoing document and that the facts therein are true to the best of my
knowledge, information and belief
I understand that any false statement herein are made subject to penalties of 18 Pa. C.S.
Section 4904, relating to unsworn falsification to authorities.
Angela Zimmerman
ANGELA M. ZIMMERMAN,
Plaintiff
V.
DON SPITLER D/B/A
SOFA SELECTIONS
Defendant
AND NOW, this day of
IN THE COURT OF COMMON PLEAS OF
CUMBERL)aND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NO. 02-3904 CIVIL TERM
ORDER
,200__, in consideration of Defendant's
Preliminary Objections, said objections are SUSTAINED, and ~Ihe Complaint is dismissed.
FSFILE$\DATAF1LEXGendoc.c~\ 106812-pos 1
Created: 02/25/98 12:5:2:59 PM
Revised: 11/15/02 10:03:45 AM
ANGELA M. ZIMMERMAN,
Plaintiff
V.
DON SPITLER D/B/A
SOFA SELECTIONS
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NO. 02-3904 CIVIL TERM
TO: ANGELA M. ZIMMERMAN AND HER COUNSEL, JEFFERSON J. SHIPMAN, ESQ.
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN PRELIMINARY
OBJECTIONS WITH1N TWENTY (20) DAYS FROM SERVICE HEREOF, OR A
JUDGMENT MAY BE ENTERED AGAINST YOU.
PRELIMINARY OBJECTIO,NS
AND NOW, comes the Defendant, Don Spitler, by and through his attorneys, Martson
DeardorffWilliams & Otto, and hereby preliminarily objects as follows:
1. On August 30, 2002, Plaintiff filed a Complaim against Defendant Don Spitler
alleging that he sold a defective sofa to her.
2. Plaintiff alleges that Defendant Don Spitler is doing business as "Sofa Selections."
3. Don Spitler does not transact business under the name Sofa Selections and never sold
a sofa to Plaintiff in his individual capacity.
4. Sofa Selections is a registered fictitious name and trademark ofD. L. Spitler Lumber
Company on record with the Pennsylvania Department of State.
5. Plaintiff has constructive notice of public filings,, including fictitious name filings,
and knew, or should have known, that Don Spitler cannot legally transact business as "Sofa
Selections."
6. It is believed, and therefore averred, that D. L. Spitler Lumber Company d/b/a Sofa
Selections is the entity that sold the sofa to Plaintiff. D.L. Spitler Lumber Company is not a party
to this action.
7.
Plaintiffhas failed to allege any facts connecting Don Spitler, individually, to the sale
ora sofa to her and has failed to state a claim upon which relief can be granted.
WHEREFORE, Defendant requests that this Court dismiss the Complaint against him for
failure to state a claim upon which relief can be granted (demurrer).
Date: November 15, 2002
MARTSON DEARDORFF WILLIAMS & OTTO
By ~(~ '~
Carl C. Risch, Esquire
PA Attorney I.D. No. 75901
Ten East High Street
Carlisle, PA 17'013
(717) 243-3341
Attorneys for Plaintiff
~,qER1FICATION
I veriB,., that the statements made in the foregoir~8 Pt ¢l~[aaty Objections me t~e and coffect
I understand that False st~etnents l:~fei~t are made stibject to the pe:~alties of 18 Pa.C.S ~ 4904,
relatir~ to unswo~ thin,cation to authont;es,
Date' ~<:~% ~~. ~
ANGELA M. ZIMMERMAN,
Plaintiff
DON SPITLER D/B/A
SOFA SELECTIONS
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
.KSRY TRIAL DEMANDED
NO. 02-3904 CIVIL TERM
CERTIFICATE OF SERVICE
I, Carl C. Risch, certifiy that a copy of the foregoing: was served by First Class Mail as
follows:
Date: November 15, 2002
Jeffeson J. Shipman, Esq.
Goldberg, Katzman & Shipman, P.C.
320 Market Street
Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-12581
Angela Zimmerman
7111 Chambers Hill Road
Harrisburg, PA 17111
ANGELA M. ZIMMERMAN,
7111 Chambers Hill Road
Harrisburg, PA 17111
Plaintiff
D.L. SPITLER LUMBER COMPANY
d/b/a SOFA SELECTIONS
4920 Carlisle Pike
Mechanicsburg, PA 17050
Defendant
1N THE COURT OF COMMON PLEAS
CUMBERL,® COUNTY,
PENNSYLVANIA
NO. 02-3904 Civil Term
CIVIL ACTION - LAW
ARBITRATION
AMENDED COMPLAINT
AND NOW, comes the Plaintiff, Angela M. Zimmerman, who files this Amended
Complaint, correcting the name of the Defendant, by stating the following:
1. Plaintiff, Angela M. Zimmerman, is an adult individual who currently resides at
7111 Chambers Hill Road, Harrisburg, Dauphin County, Pennsylvania 17111.
2. Defendant, D. L. Spitler Lumber Company d/b/a Sofa Selections, is a retail
merchant of household goods with its principal place of business located at 4920 Carlisle Pike,
Mechanicsburg, Cumberland County, Pennsylvania 17050.
3. On February 11, 2002, Plaintiff purchased on special order from Defendant a
Fireworks sofa and one set of pillows in Lakeview Merlot fabric, in addition to a second set of
pillows in Bengal Caravan Merlot fabric, for the purchase price of $623.28 and an earnest money
deposit of $200.00.
4. On March 20, 2002, Plaintiff paid the balance of $423.28 on said sofa and pillows
after having been notified of their imminent delivery.
5. On March 22, 2002, said sofa and pillows were delivered to Plaintiff.
6. Plaintiff, upon initial inspection of said sofa, noticed several defects and indications
of the sofa's inferior quality, and immediately contacted a representative of Defendant who stated
these were fixable problems and would have the reupholsterer contact the Plaintiff regarding the
problems.
7. The reupholsterer sent by Defendant to examine said sofa stated that the defects
and inferior quality problems noted by Plaintiff could be and would be repaired when the
necessary parts were received.
8. Plaintiff, upon further inspection of the sofa and prior to the completion of the
aforementioned remedial work, observed further structural problems including hollow sounding
arms, movement in arms and back, squeaky springs, spring marked fabric and foam padding
beginning to flatten; consequently, Plaintiff surmised that said sofa was inferior and defective in
many more aspects than were set forth in Plaintiff's original complaint.
9. On April 21, 2002, Plaintiffagain contacted a representative of Defendant and
explained all the ways in which the sofa was defective, and she further explained her expectations
ora refund based on Defendant's representations regarding the quality and standards to be
expected in a new sofa.
10. Defendant rejected Plaintiff's request for a refund of said sofa, and rejected
Plaintiff's alternative request to have a sofa floor model reuphol[stered to her specifications to
compensate for the loss of said defective sofa.
11. Plaintiff contends the aforementioned sofa was inherently defective and of inferior
quality, and it did not meet the standards of its intended use, or the standards represented by
Defendant to be expected ora new sofa - even with the repairs proposed by the Defendant.
12. Defendant breached the implied warranty of merchantability with respect to the
sofa and has refused compensation to the Plaintiff
WHEREFORE, Plaintiff demands Judgment against Defendant, D.L. Spitler Lumber
Company d/b/a Sofa Selections, in the amount of $623.28 together with interest, delay damages,
and costs of suit, which is an amount requiring this matter to be submitted to compulsory
arbitration.
Respectfully submitted,
ANGELA M. ZII~VIERMAN
Date:
88426.2
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document h~as been duly served upon the following
counsel of record by depositing a copy of the same in the United States mail, postage prepaid, at
Harrisburg, Pennsylvania, on
Carl C. Risch, Esquire
Martson, Deardorff, Williams & Otto
Ten East High Street
Carlisle, PA 17013
Attorneys for Defendant
Angela Z~mmerm,tn ~
88490.1
F:~FILES~DATAFILEXGe~doc.cur~ 100812-pos2
Created: 02725/98 12:$2:59 PM
Revised: 12/10/02 10:55:48 AM
ANGELA M. ZIMMERMAN,
Plaintiff
V.
D. L. SPITLER LUMBER COMPANY
d/b/a SOFA SELECTIONS
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NO. 02-3904 CIVIL TERM
TO:
ANGELA M. ZIMMERMAN AND HER COUNSEL, JEFFERSON J. SHIPMAN, ESQ.
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN PRELIMINARY
OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF, OR A
JUDGMENT MAY BE ENTERED AGAINST YOU.
PRELIMINARY OBJECTIONS TO FIRST AMENDED COMPLAINT
AND NOW, comes the Defendant, D. L. Spitler Lumber Company, by and through its
attorneys, Martson DeardorffWilliams & Otto, and hereby prelJiminarily objects as follows:
1. On August 30, 2002, Plaintiff filed a Complaint against Don Spitler, an adult
individual, alleging that he sold a defective sofa to her.
2. On November 15, 2002, Mr. Spitler filed Prelircdnary Objections to the Complaint
on the form of a demurrer.
3. On December 6, 2002, Plaintiff filed a pleading titled "Amended Complaint." This
Amended Complaint purports to be a lawsuit against a Pennsylvania corporation, D. L. SpRier
Lumber Company, Inc., and appears to discontinue the action a:; it related to Don SpRier.
4. Pennsylvania Rules of Civil Procedure 424 and 425 require that D. L. SpRier Lumber
Company, Inc. be properly served with original process.
5. Plaintiff has not properly served D. L. Spitler Lumber Company, Inc. with original
process as required by the Pennsylvania Rules of Civil Procedure, and, therefore, this Court does not
properly have jurisdiction.
6. Adding and dropping defendants is not a proper "amendment" of a pleading as
foreseen by Pennsylvania Rule of Civil Procedure 1033. Therefore, the "Amended Complaint" fails
to conform to law.
WHEREFORE, Defendant requests that this Court dismiss the Complaint against it under
Pa.R.C.P. 1028(a)(1) for improper form of service and Pa.R.C.P. 1028(a)(2) for failure to conform
to law.
Date: December \~3, 2002
MARTSON DEARDORFF WILLIAMS & OTTO
By
Carl C. Risch, Esquire
PA Attorney I.D. No. 75901
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
VERII~ICATION
I verify' that the s~ateme~ts made in lhe foregoing Preli~na~ Objections are t~e ~nd ~rrec~
I und~stand that t~se s~a~emen~s herein ~e made subject ~o the pen~ties of ig PaC.S ~ 4904,
r~ating to unsworn thlsification io authorities.
ANGELA M. ZIMMERMAN,
Plaintiff
D. L. SPITLER LUMBER COMPANY
d/b/a SOFA SELECTIONS
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JURY TRIAL iDEMANDED
NO. 02-3904 CIVIL TERM
CERTIFICATE OF SERVICE
I, Cad C. Risch, certify that a copy of the foregoing was served by First Class Mail as
follows:
Date: Decemberx~3 , 2002
Jeffeson J. Shipman, Esq.
Goldberg, Katzman & Shipman, P.C.
320 Market Street
Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1258
Angela Zimmerman
7111 Chambers Hill Road
Harrisburg, PA 17111