Loading...
HomeMy WebLinkAbout02-4081COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is give~ that the appellant has filed in the above Court of Common Pleas an appeal from the iudgrnent rendered by the District Justice on the date and in the case mentioned below. 1008& This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this cas~ Signature of Prothonotary or Deputy 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 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). 'nterruleupon~JO~ ~.~ (~'~0~ ti file a complaint in this oppeal (Commoa Pleas ~ ) within twenty (20) days after see~,,'//~/~ ~ suffer e/l~ o.~udgme.~ of non pros. RULE: To ~r~_l~.~ ~ ~1~ ~J ,oppollee(s). (1) You are notified fhat a rule is hereby efll~red upon you to file a complaint in this appeal within twenty (20) days after the dote of service of this rule upon you by pe~oflal service OF by certified o~ regisl~-~ed maiL (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS VflLL BE ENTERED AGAINST YOU, COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 31 PROOF OF SERWCE OF NOTICE OF APPEAL AND RULE TO FiLE COld, PLAiNT COM~ONWEALTH OF PENNSYLVANIA COUNTY OF SS : h.~ ~oiceo ~ppea Lo,mo} Pleas N< , ~ .. ~ [] b/ersona~serv~ce [] b~ (certfed~ (regsteret mai senders ec p at c edh o and '.pon theappei e,/nlnx ~ and forlhe, hat I served the Rue . , . ~- ~.., ........ ~ .... th Rie ,as a e.seS on to Fo a Compla nl accompanying the above Notice of Appeal upon he appellee(s) to whom eelptd:~ ,,J ergo. SWORN( FF d[b) OSUaSORiBEQBE?OhE}vIE COMMONWEALTH OF PENNSYLVANIA COUNTY OF' 09-1-01 r CHARLES A. CLEMENT, JR. ^oo,o.-400 BRIDGE STREET I OLDE TOWNE COMMONS -SUITE 3 NEW CUMB~, PA .... ~. (717) 774 '5989 17070 MICHAEL LOWRy 134 HILL LANE MECF~ANIcsEuRG, PA 17055 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE ~This case dismissed without prejudice.. Amount of Judgment Subject to Attachment/Act 5 of 1996 $_ Levy is stayed for days or ~ generally stayed. (Date & Time) Amount Of Judgment $~ Judgment Costs $~ Interest on Judgment $ .0~ Attorney Fees $ .... .~ Total $ 6 4.__..~._~..~1 5.4 Post Judgment Credits Post Judgment Costs $_ ~ Objection to levy has been tiled and hearing will be held: ~ Certified Judgment Total $ ANY PARTy HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY F J OF APPEAL WITH THE PROTHONOTARY/CLERK C~F 'r.~: ,,- ...... . .~0 UD~MEN'[.r aY FILING A NOTICE ........ uuH/OF COMMOcN.~i~LEAS' CIVJ~DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCR~OT FO~,~,~,T, ¥~R. ~,,CE OF APPEAL. Ii certify tha~~ t.~e · ' .' e My commission expires first Monday of January, 2.008 SEAL AOPC 315-99 THIS IS TO NOTIFY YOU THAT: Judgment: [~] Judgment was entered for: (Name~ ~A~A$~ (%~ ~A~D f-I'TT.T,./I'~TTAlk,,-'~ ¢~trTl~ [~ Judgment was entered against: (Name) in the amount of $ -~ on: (Date of Judgment) ~ Defendants are jointly and severarly liable. ~] ' Damage; Wi" be asseSSed:on: O~ocke[~o.: CC- 0000196-02 Date Filed: 4/08/02 ~YAMAHA OF CAMp HILL/DUANE SUMMERs 1101 SLATE HILL RD CAMP HILL, PA 17011 L DEFENDANT: VS. F-LOWRy, MICHAEL ~3~ HILL ~%RE MEC2~ANICSH~G, PA 17055 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO 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 __ , J..,./J ~ .,/~,.~'" ~ a copy of the Notice Qf ,~ppe. ol, Common Pleas NoOe~_~_/,)61 /, ~.~[j~.~upon.the District Justice designated therein on 7~ (date of service) ~~ ..... , [] b'y I~son~§,ervice E~[ byj~ertified),.(registered) mail, sender's -- receipt, attached heretO, and'upon the appellee, (name).[~J~3.~/.~..~.~/'~,_' ' ..~'~?~¢t~_' _ , on ____~~, __ [] by personal servic{~ [;~]'~y (cert'~ied) (re~s't'ere~ m-ail, sender's receipt attached hereto, [;~a~d~'t~s~rved the R~ie to File a, Corr[plaint acco~l~anying the above ~otice of Appeal up_on the appellee(s) to whom the Rule was addressed on ~.~_~? , , [] by personal service I~ by (certified) (registered) mail, sender's receipt attach~ ~ '"''' ' ' ..................... SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME THIS ~q ~00~ T~tle of o My corem ~ -~affiant ..1- Postage r-i r-i r--~ Certified Fee I-1 Ret~Jrn Receipt Fee {Endorsement Required) 1~3 Delivery Fee Rastr~ed (E,~'orserne~ Requlre~ rm ,1'11 YAFa%/qA OF CAMP HILL, MICHAEL J. LOWRY AND RODNEY LAMBERT, Defendants Plaintiff : : : : : : : : : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. O~--- CO% I 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 Plaintiff. You may lose money or property or other rights important to you. YOU SHOUT.D 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: Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone: (800) 990-9108 or (717) 249-3166 YAMAHA OF CAMP HII,L Plaintiff, MICHAEL J. LOWRY AND RODNEY LAMBERT Defendants, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. ARBITRATION NOTICIA Le han demandado a usted en la cone. Si usted quierer defenderse de estas demandas expuestas en las paginas signuientes, usted tiene vienta (20) dias de plazo al partir de al fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona a por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se fefiende, la corte tomara medidas y puede una orden contra usted sin previo aviso o nofication y por cualquier queja o akuvui que es pedido en la peticion de demanda. Usted puedo parder dinero o sus propiedades o otros derechos importantes para usted LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DIMERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPONO A LA OFICINA CUYA DIRECCION SE EMCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSSGUIA ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17014 Phone (800) 990-9108 or (717) 249-3166 Y~AHA OF CAMP HILL, Vo MICHAEL J. LOWRY AND RODNEY LAMBERT, Defendants Plaintiff IN THE COURT OF COMMON PLEAS ~ERLAND COUNTY, PENNSYLVANIA No. O~-~O%! CIVIL ACTION - LAW PLAINTIFF{S COMPLAINT AND NOW comes the Plaintiff, Yamaha of Camp Hill, by and through its attorney, James R. Balkovic, Esquire, and respectfully represents as follows in support of this Complaint: Backqround Alleqation~ 1. Plaintiff, Yamaha of Camp Hill, is a motorcycle shop organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 1101 Slate Hill Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, Michael J. Lowry, is an adult individual residing at 134 Hill Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant, Rodney Lambert, is an adult individual residing at 134 Hill Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. On Saturday, March 30, 2002, Defendant Lowry entered into a written agreement with Plaintiff to purchase a new 2002 Yamaha YZ250P motorcycle (hereinafter "motorcycle") for the amount of Six ARBITRATION Thousand, Two Hundred and Ninety-three Dollars and Ninety-four Cents ($6,293.94). A copy of the bill of sale executed by Defendant Lowry is attached hereto, made a part hereof and marked Exhibit "A". 5. Defendant Lowry's purchase of the aforesaid Motorcycle was subject to financing one hundred percent (100%) of the purchase amount through Household Bank of Nevada; however, his credit application was denied. 6. Defendant Lambert then co-signed the credit application together with Defendant Lowry and they reapplied for financing; again, however, the credit application was denied. 7. Notwithstanding the denial of financing to Defendants Lowry and Lambert, an employee of Plaintiff mistakenly believed that Defendants Lowry and Lambert had in fact been approved for credit and permitted them to take possession of the Motorcycle on Saturday, March 30, 2002. 8. On Monday, April 1, 2002, Plaintiff's general manager, Duane Summers, informed Defendant Lowry that the credit application had been denied and Defendant Lowry instructed Duane Summers to pick up the Motorcycle at the residence of Defendants Lowry and Lambert. 9. Upon arrival at Defendants' residence, Defendant Lowry refused to return the Motorcycle and Defendants Lowry and Lambert have kept possession of it to this day. 2 10. Defendants Lowry and Lambert have refused to return the Motorcycle to Plaintiff or to pay for it. Count I: Unjust Enrichment 11. The averments set forth in paragraphs 1 through 10 above are incorporated herein by reference as if set forth in full. 12. As averred above, Defendants Lowry and Lambert have kept the aforesaid Motorcycle without paying for it or agreeing to pay for it. 13. Should Defendants Lowry and Lambert be permitted to retain the aforesaid Motorcycle without paying for it or agreeing to pay for it, they would be unjustly enriched at the expense of the Plaintiff. WHEREFORE, Plaintiff hereby demands judgment in its favor and against the Defendants, jointly and severally, in an amount of Six Thousand, Two Hundred and Ninety-three Dollars and Ninety-four Cents ($6,293.94); fair market value for use; compensation for any damages to the vehicle; attorney's fees and costs and interest as provided by law. Count II: Theft 14. The averments set forth in paragraphs 1 through 13 above are incorporated herein as if set forth in full. 15. By virtue of the conduct of the Defendants Lambert and Lowry, as set forth above, in keeping the aforesaid Motorcycle without paying for it or agreeing to pay for it, Defendants Lambert and Lowry have committed the crime of theft. 16. The aforesaid criminal acts of Defendants Lambert and Lowry were and are so outrageous as to warrant the imposition of punitive damages. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendants, jointly and severally, in an amount of Six Thousand, Two Hundred and Ninety-three Dollars and Ninety-four Cents ($6,293.94); the imposition of punitive damages; fair market value for use; compensation for any damages to the vehicle; and attorney's fees and costs and interest as provided by law. Count III: Replevin 17. The averments set forth in paragraphs 1 through 16 above are incorporated herein as if set forth in full. 18. Plaintiff has lawful title to the aforesaid Motorcycle. 19. Defendants Lambert and Lowry have no title to the aforesaid Motorcycle but nevertheless remain in possession of it unlawfully. 20. Plaintiff has the right to the immediate possession of the aforesaid Motorcycle. 21. The conduct of Defendants Lambert and Lowry in unlawfully maintaining possession of the aforesaid Motorcycle warrants the imposition of punitive damages. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendants, jointly and severally, and asks the Court to award 4 immediate possession of the aforesaid Motorcycle to it; a judgment for the aforesaid Motorcycle's unlawful detention; special damages for the unlawful possession of the aforesaid Motorcycle; the imposition of punitive damages; fair market value for use; compensation for any damages to the vehicle; and attorney's fees and costs and interest as provided by law. Count IV: Breach of Contract 22. The averments set forth in paragraphs 1 through 21 above are incorporated herein as if set forth in full. 23. As averred above, on Saturday, March 30, 2002, Defendant Lowry entered into a written agreement with Plaintiff to purchase a new 2002 Yamaha YZ250P motorcycle (hereinafter "motorcycle,,) for the amount of Six Thousand, Two Hundred and Ninety-three Dollars and Ninety-four Cents ($6,293.94). A copy of the bill of sale executed by Defendant Lowry is attached hereto, made a part hereof and marked Exhibit "A". 24. Defendant Lowry's purchase of the aforesaid Motorcycle was subject to financing one hundred percent (100%) of the purchase amount through Household Bank of Nevada; however, his credit application was denied. 25. Defendant Lambert then co-signed the credit application together with Defendant Lowry and they reapplied for financing; again, however, the credit application was denied. 26. Under the express terms of the aforesaid contract, 5 Defendants agreed to pay for the aforesaid Motorcycle and take possession of it only upon approval of the respective credit applications. 27. Defendants, however, despite having been denied credit submit to the terms of the aforesaid contract, have taken possession of the aforesaid Motorcycle without paying for it or agreeing to pay for it. 28. Defendants have breached their contract with the Plaintiff. WHEREFORE, Plaintiff hereby demands judgment in its favor and against the Defendants, jointly and severally, in an amount of Six Thousand, Two Hundred and Ninety-three Dollars and Ninety-four Cents ($6,293.94); fair market value for use; compensation for any damages to the vehicle; attorney's fees and costs and interest as provided by law. RESPECTFULLY SUBM TTED: ~mes ~. Balk~ovic, Esquire ' PA~I~-~. No. 43889 P.O. Box 637 704 Bridge Street New Cumberland, PA 17070 Phone: (717) 774-3001, ext. 12 ATTORNEY FOR PLAINTIFF DATED: September \% , 2002. YAMAHA OF CAMP HILL Plaintiff, MICHAEL J. LOWRY RODNEY LAMBERT, Defendants, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. VERIFICATION I, Duane Summers, the General Manager of Plaintiff Yamaha of Camp Hill, verify that the statements made in the Complaint are true and correct to the best of my knowledge, information and belief and that I am authorized to make this Verification on behalf of Yamaha of Camp Hill. I understand that false statements made herein are subject to the penalties of 18 C.S.A. section 4904, relating to unsworn falsification to authorities. YAMAHA OF CAMP HILL, PLAINTIFF DATE YAMAHA/KTM OF .CAMP HILL * 1101 Slate Hill Road, Camp Hill, PA 17011 (717) 761-6192 3/30/200~ 10005446 YM8214 u~ L(]WRY, MICHAEL J .0~;~ 612-0264 ~ ~ MECHANICBURG, PA 17050 --~ 134 HILL LH ' ~~~~ ~o t ~ 2002 1~ YAMAHA ~ yz250[. ~m' JYACG12C42A008214 ~ ~ ~ 5,695 . O0 D~ ~~ 17~ . 00 0 MONTHS ~W~ DEALER DIRECT SERVICE S~ 5,87~ 00 ~~ 5,. 87~ 00 ~E PAY ~~ Key fl ~ ~I~T~ 35E 44 **NOTE** YOUR FIRST "BREAK-IN" SERV CE ",~ ~A~H~ 2E 50 ~S NOT INCI_ODED IN THE PURCHASE PRIC;~ LI~E~D~~T~ THIS SERVICE IS PART OF NORMAL ~ ~~E / ~A~~Y 4~ ~. 00 ,-'" ¢ I:'LE;~S2 ,~,'"," ,.,,..,..,,,.,.,,... , DEPT. FOR MORE TAILS. HOUSEHOLD BANK, NEVADA, S.B. ~ 5.00 ';AROI_ [i'I'REAM IL 6019' 6~293.94 ~PA~ 1 Payments ~ .OOO % ~w Manui'aclumr's El Dealer 50/50 for 30 days El No Warranty "As Is" El Month Dealer Direct. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YAMAHA OF CAMP HILL, Plaintiff MICHAEL J. LOWRY, and RODNEY LAMBERT, Defendants No.: 02-4081 CIVIL ACTION - LAW ARBITRATION AND NOW, comes the Defendants, by their attorney and files the following ANSWER. 1. Admitted. 2. Admitted. 3. Admitted. 10. Admitted in part and Denied in part. It is Admitted that a Bill of Sale to purchase to the motorcycle was completed.. The purchase price as listed on the document was $5,695.00. Denied. The purchase documents do not reflect any contingency in the purchase. Denied. The credit application is not attached to the Complaint and the allegations regarding the contents of the credit application are denied. Defendant Rodney Lambert has no responsibility on the purchase. Strict proof is demanded at trial. Denied. A Bill of Sale was completed and delivery was made. The conduct of the Plaintiff's employees are their negligence and carelessness were not the fault of the Defendants. Defendant Rodney Lambert has no obligation to the Plaintiff. Denied. Defendant Michael J. Lowry has the right to obtain the motorcycle and has never agreed to return the motorcycle without assurance that there is no further financial obligations. Admitted in part, and Denied in part. It is Admitted that the motorcycle was delivered. Plaintiffs failed to accept payments as required. Admitted in part, and Denied in part. It is Admitted that a motorcycle was delivered. No payments have been accepted by the Plaintiffs. COUNT I: Unjust Enrichment 11. Paragraphs one (1) through ten (10) of the Answer are incorporated herein by reference as set forth in ful. 12. Denied. Defendant Michael $. Lowry has not received any assurances from the Plaintiffthat any financial obligations have been resolved or that his credit rating will not be effected. 13. Denied. The plaintiff's conduct was careless and negligent in the processing of the purchased documents and were under the sole control of thc Plaintiffs. WHEREFORE, the Plaintiff's bequest for Judgment should be Denied. COUNT II: Theft 14. Paragraphs set forth in the Answers paragraphs one (1) through thirteen (13) are incorporated by reference. 15. Denied. Plaintiffs have refused to accept payments or to continue to process the financing agreements as discussed. 16. ' Denied. Under the circumstances and as a matter of law, punitive damages are not applicable. Plaintiffs were negligent and careless in the preparation of the purchase documents. WHEREFORE, the Defendants request that the Plaintiffs bequest for damages be dismissed. COUNT III: Replevi- 17. Paragraphs set forth in the Answers, one (1) through sixteen (16) are incorporated by reference. 18. Denied. A Bill of Sale was signed and Plaintiffhas failed to fulfill their obligations as required. 19. Denied. Defendant Michael J. Lowry purchased the motorcycle and has the right of possession. 20. Denied. Defendant Michael J. Lowry has purchased the motorcycle and has the right of possession. 21. Denied. Under the circumstances and as a matter of law, punitive damages are not recoverable. WHEREFORE, Defendants request the Plaintiffs bequest for judgment be dismissed with prejudice. 22. COUNT IV: Breach of Contract Paragraphs set forth in the Answer, one (1) through twenty-one (21) are incorporated by reference. 23. Admitted in Part. Denied in part. It is Admitted a Bill of Sale was completed with the terms and conditions stated. The purchase price of the motorcycle was $5,695.00. 24. Denied. The Bill of Sale contains no contingency regarding financing or purchasing. 25. Denied. The credit application is not attached to the Complaint and the allegations regarding the coments of the credit application are denied. Defendant Rodney Lambert has no obligations. Strict proof is demanded at trial. 26. Denied. The written contract does not provide for any contingency as to financing. The Plaintiffs were obligated to finance the motorcycle for the Defendants. 27. Denied. Defendant Michael J. Lowryis entitled to possession. Plaintiffs have failed to arrange financing or accept payments. 28. Denied. Defendant Michael J. Lowry is entitled to possession of the motorcycle. The Plaintiff's carelessness and negligence in preparation of the purchase documents are the cause of Plaintiffs damages. WHEREFORE, the Defendants request the Plaintiffs Complaint cause of action be dismissed with prejudice. Date: Respectfully submitted, Douglas R.._Bare,/Eflquire I.D. # 43877 c/ - Attorney for Defendant 46 East Philadelphia Street York, Pennsylvania 17401 (717) 854-1fi00 VERIFICATION I verify that the statements made in this ANSWER are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit is tree and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 PA C.S. §4904, relating to unswom falsification to authorities. Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YAMAHA OF CAMP HILL, Plaintiff MICHAEL J. LOWRY, and RODNEY LAMBERT, Defendants No.: 02-4081 CIVIL ACTION - LAW ARBITRATION CERTIFICATE OF SERVICE I, Douglas R. Bare, Esquire, attorney for Michael J. Lowry, do hereby certify that I am this day serving a copy of the foregoing ANSWER upon the counsel of record in the following manner. BY REGULAR MAr[.: James R. Balkovic, Esquire P.O. Box 637 704 Bridge Street New Cumberland, Pennsylvania 17070 (Attorney for Plaintiff) Date: t.,otigias RT. Bare,-E'sqtiire -- I.D. g43877 Attorney for Defendant 46 East Philadelphia Street York, PA 17401-1122 (717) 854-1900 SHERIFF'S CASE NO: 2002-04081 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERIJLND YAMA}{A OF CANP HILL ET AL VS LOWRY MICHAEL RETURN - REGULAR RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPL~AINT & NOTICE was served upon LOWRY MICH3AEL the DEFENDANT , at 1913:00 HOURS, on the 23rd day of September, 2002 at 134 HILL LANE MECHANICSBURG, PA 17055 RODNEY LAMBERT, ROOMMATE by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this ~ ~ day of /P~oth0notary So Answers: R. Thomas Kline 09/24/2002 YAMAHA OF CAMP HILL putl/ Sheriff SHERIFF'S RETURN CASE NO: 2002-04081 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YAMAHA OF CAMP HILL ET AL VS LOWRY MICHAEL - REGULAR RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon LANBERT RODNEY the law, DEFENDANT , at 1913:00 HOURS, at 134 HILL LANE MECHANICSBURG, PA 17050 RODNEY LAMBERT on the 23rd day of September, 2002 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this y ~ day of ~ ,~, . ~2_3 A.D. f ~rothonotar~' R. Thomas Kline 09/24/2002 YAMAHA OF CAMP HILL By: Deputy ~herif f YAMAHA OF CAMP HILL Plaintiff, MICHAEL j. LOWRy and RODNEy LAMBERT, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION _ LAW No. 02-4081 Arbitration RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR THE APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: James R. Balkovic, counsel for the plaintiffin the above action, respectfully represents that: 1. The above action is at issue. 2. The claim of the plainfiffin the action is $6,293.94 plus costs, attorney fees, and punitive damages. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: James R. Balkovic, Douglas R. Bare. WHEREFORE, your petitioner prays your honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Q Ja~/es R. Balkovic - ORDER OF COURT petiti°n,AND~W' /~ , 2002, in co 'er' E dND~/OW,~ Esq, -- n~s/~d at, on of the foregoing above captioned a~fflon (O~ed for.-~-~~ · ppomted arbitrators in the YAMAHA OF CAMP HILL Plaintiff, MICHAEL J. LOWRY RODNEY LAMBERT, Defendants, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. 02-4081 CERTIFICATE OF SERVICE I, James R. Balkovic, Esquire, do hereby certify that on this 15th Day of November, 2002, I placed in the United States mail true and correct copies of the Complaint with first class mail postage affixed to the following: Douglas R. Bare, esquire Attorney for Defendant 46 E. Philadelphia Street York, PA 17401-1122 PO Box 637 / 704 Bridge Street New Cumberland, PA 17070 (717) 774-3001 ext. 12 YAMAHA OF CAMP HILL, Plaintiff MICHAEL J. LOWRY and RODNEY LAMBER~, Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 02-4081 Civil Action Law OATH We do solemnly swear (or affirm) that we will support, obey and defend the and the Constitution .o~_~is Commonwealth and Constitution of the United States that we will discharge the duties of our office witl~ Ro~rt C / Sal~1~, C~airman D Richar~d' L. Webber, Jr./ ) AWARD We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) ,.~,, . % .. · ~ ~ ....... Arbitrator, dissents. (~~if applicable) Robert C~ Samdms, Date of Hearing: 4/10/03 Date of Award: Chairman George F. Douglas, III Ri .-Webber, Jr. / NOTICE OF ENTRY OF AWARD Now, the ZO~ day of April , 2003, at ¢.'0~ , A.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrator's compensation to be paid upon appeal: Prothonotary Deput~/ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that ~/~\ appeals from the award of the l~0ard of arbitrators entered in this catse on . \t A jury trial is demanded C~. (Check box if a jury trial is demanded. Other wise jury trial is waived.) I hereby certify that: 1. The compensation of the arbitrators has been paid, or 2. 3_pplieatiop hae ~'ecn niake lot pci'iiii~iun tO ...... n ' "- .............. lo.,-u,,.,~,,,.,u iii toxma paupens. (Strike out the inapplicable clause) NOTE: App~l~ant or ~l(ney for Appel~t The demand for jury thal on appeal from compulsory arbitration is governed by Rule 1007.1 (b), (b) No affidavit or verification is required. PRAECIPE FOR LISTING CASE FOR TRIAL TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case: (Check One) (X) For Jury Trial at the next term of civil court. ( ) For trial without a jury. YAMAHA OF CAMP HILL, Plaintiff, V. MICHAEL J. LOWRY and RODNEY LAMBERT, Defendants, (Check one) ( ) Civil Action - Law (X) Appeal From Arbitration ( ) Other Trials Commence on Novmber 3, 2003 Pretrials will be held on October 15,2003 (Briefs are due 5 days before pretrials) The Party listing the case for trial shall provide Forthwith a copy of the praecipe to all counsel Pursuant to local Rule 214.1 No. 02-4081 2002 Indicate the attorney who will try the case for the party who files this praecipe: Balkovic Indicate trial counsel for other parties if known: Unknown This case is ready for trial. am0,.~.~R'.~ alkovic, Esquire pA 1D'-gr 43889 Attorney for Plaintiff James R. YAMAHA OF CAMP HILL Plaintiff, MICHAEL J. LOWRY RODNEY LAMBERT, Defendants, IN THE COURT OF COMMON PLEAS CUMBERLAND cOUNTY, PA CIVIL ACTION - LAW No. 02-4081 CERTIFICATE OF SERVICE l, James R. Balkovic, Esquire, do hereby certify that on this 15th Day of August, 2003, I placed in the United States mail true and correct copies of the notice pursuant tp PA RCP 1305 and local Rule 214.1 with first class mail postage affixed to the following: Michael Lowry 214 Willis Road Etters, PA 17319 Rodney Lambert 134 Hill Lane Mechanicsburg, PA 17055 James R?l}alkovic, Esqu' pA~889 PO Box 637 / 704 Bridge Street New Cumberland, PA 17070 (717) 774-3001 ext. 12 YAMAHA OF CAMP HILL, Plaintiff VS. MICHAEL J. LOWRY and RODNEY LAMBERT, Defendants 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4081 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED 1N RE: PRETRIAL CONFERENCE This matter was called for a pretrial conference today, October 15, 2003. Neither of the parties appeared and the defendant did not file a pretrial memorandum. Counsel for the plaintiff has filed a pretrial memorandum and did appear at the call of the list. Accordingly, the case continues to be listed for trial in the November trial. This case involves the defendant's March 2002 agreement with the plaintiff to purchase a Yamaha motorcycle for $6,293.94. The purchase was subject to 100% financing. In the end, the defendant's credit application was denied. Nonetheless, the defendant has retained the motorcycle and has not paid for it. This otherwise uncomplicated case should be no more than a day and a half in duration. The usual number of juror challenges will pertain. October 15, 2003 James R. Balkovic, Esquire For the Plaintiff Michael J. Lowry, Pro Se Roch~ey Lambert, Pro Se Court Administrator :rim YAMAHA OF CAMP HILL, : Plaintiff : V. : MICHAEL J. LOWRY and : RODNEY LAMBERT, : Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4081 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of November, 2003, pursuant to an agreement of counsel, Rodney Lambert is dismissed as a Defendant in this case. By the Court, /' esley James R. Balkovic, Esquire For the Plaintiff Douglas R. Bare, Esquire For the Defendant :lfh YAMAHA OF CAMP HILL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : MICHAEL J. LOWRY, : CIVIL ACTION - LAW Defendant : NO. 02-4081 CIVIL TERM AND NOW, consideration of the Plaintiff's complaint in the ORDER OF COURT this 3rd day of Now~mber, 2003, upon above-captioned matter and pursuant to an agreement reached in open court between the Plaintiff represented by James R. Balkovic, Esquire, and the remaining Defendant, Michael J. Lowry, represented by Douglas R. Bare, Esquire, it is ordered and directed as follows: 1. Within 48 hours of this moment, Defendant Michael J. Lowry, shall make available for pick up by Plaintiff the dirt bike which is the subject of this replevin action. 2. Within 10 days of today's date, Defendant Lowry shall pay the sum of $1,500.00 to Michael J. Plaintiff. 3. In entering into this stipulated order, Defendant is representing that the dirt bike is in good working order and condition and has not been vandalized or damaged in any way. 4. In the event that the Plaintiff deems this order, which shall have the effect of a verdict, has not ",¢KYA'IASNNT~d ,&.LNNO3 .,,, · ' :- been complied with by Defendant Michael J. Lowry, Plaintiff may, after 10 days from today's date, file a praecipe for entry of judgment on the order, and the Prothonotary is directed such judgment without further order of court. 5. A violation of this order by Defendant shall the contempt process upon petition by subject Defendant to Plaintiff. By the Court, /'? J Wesley ~, :lfh James R. Balkovic, Esquire For the Plaintiff Douglas R. Bare, Esquire ~ ~L.~ iI-DT-~J For the Defendant ~--~ YAMAHA OF CAMP HILL, Plaintiff V. MICHAEL J. LOWRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4081 CIVIL TERM ORDER OF COURT AND NOW, this 3rd day of November, 2003, pursuant to an oral motion made in chambers by Defendant's counsel, Douglas R. Bare, Esquire, and with the concurrence of Defendant, Mr. Bare is excused from further representation of any party in this case. By the Court, James R. Balkovic, Esquire For the Plaintiff /ouglas R. Bare, Esquire For the Defendant :lfh