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Home My WebLink About01-1448COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT co,,,,,,ON PL,AS N.. NOTICE OF APPEAL 3-I '~'--0 I 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 belovz. David Richardson Susan K, Day 297 Richland Road Carlisl~ PA 17013 03/08/01 McKeehan CU*~NO. '~ . Richardson S~NATU~E OF APPEiAN r OR H~ ATTORNEY OR AG~~ '~ CV 19 /L/''~ ~ ~''''' LT 19 0000051-01 This block will be signed ONLY when this notation is required under Po. R.C.RJ.P. Nc~L/ 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgn~e~ nt for possession in this caseI Signature of Prothonotary ~r.~ep~ty If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1 O01 (6) in action before D/strict 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 appellanf was DEFENDANT (see Pa. R,C. RJ.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of not/ce of appeal to be served upon appellee). PRAECIPE: To Prothonotary En~' rule upon (Common Pleas No. RULE: To Don McKeehan Don McKeehan , a~>pe/lee(s), to file a complaint in this appeal N~'neOtal3~ellee($) a~~j?~ ~Z ) within twenty, appe#ee(s). (201 d ~or ~pr°s. (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days afar the date of service of this rule upon you by personal service or by certified or registered mail (2) If you do eat 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 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS 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 , upon the District Justice designated therein on (date of service) ,19 , [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name). , on , 19 ]'-1 by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that l served theRuleto File a Complaint acc°mpanyingtheab°veN°tice°fAppealup°ntheappeliee(s}t°wh°m the Rule was addressed on ,19 , [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME . - THIS DAY OF , 19-- Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on , .;, 19 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: cU~EI~I:,A_N'D Mag Dist. NO: 09-3-03 DJ Name: Hon. SUSAN K. DAY ^Od,~ss: 229 HILL STREET, BOX 167 MT. HOLLY SPHINGS, PA Telephone: (717) 486-7672 17065 DAVE RICHARDSON, DEF. 297 RICHLAND RD. CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: ~'] Judgment was entered for: i ETAL NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: RESIDENTIAL LEASE NAME and ADDRESS FMCKEEHAN, DON -~ 219 MOORRDALE RD. CARLISLE, PA 17013 VS. DEFENDANT: NAME and ADDRESS ~ICHARDSON, DAVE & RICHARDSON, DAV~ 297 RICHLAND RD. CARLISLE, PA 17013 ~ IDocket No.: LT-0000051-01 Date Filed: 2/26/01 FOR pLAT~'TIFF (Name) Ht;*~.~I-~%N, DON iJudgment was entered against RICHARDSON¢ DAVE & HICHAR.DSON, DAVE in a J-~ andlord/Tenant action in the amount of $ 92.63 on 3/08/01 . (Date of Judgment) The amount of rent per month, as established by the District Justice, is $ .00, The total amount of the Security Deposit is $ .00 Total Amount Established by DJ. 010ess~;Security Deposit A.p~)l~d = Adjudicated Amo.ul~) Rent in Arrears $ -- = $ Physical Damages Leasehold Property $ .00 --$ o00 = $ Damages/Unjust Detention $ . O0 - $ . Ot~ = $ Less Amt Due Defendant from Cross Complaint -- $ Interest (if provided by lease) $ UT Judgment Amount $ Judgment Costs $ Attorney Fees $ Total Judgment $ Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ot sat~srlea Dy t~me or eviction. [~] Attachment Prohibited/ Victim of Abuse (Act 5, 1996) [~] This case dismissed without prejudice. Possession granted. Possession granted if money judgment Possession not granted. Levy is stayed for ~--1 Defendants are jointly and severally liable. .00 92.63 92.63 days or [] generally stayed. r~ Objection to Levy has been filed and hearing will be held: Date: Place: Time: [L LEASE, ANY PARTY HAS THE RIGHT TO APPEAL FROM A JUDGMENT FOR POSSESSION WITHIN TEN DAYS AFTER THE DATE OF ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. THIS APPEAL WILL INCLUDE AN APPEAL OF THE MONEY JUDGMENT, IF ANY. IN ORDER TO OBTAIN A SUPERSEDEAS, THE APPELLANT MUST DEPOSIT WITH THE PROTHONOTARY/CLERK OF COURTS THE LESSER OF THREE MONTHS RENT OR THE RENT ACTUALLY IN ARREARS ON THE DATE THE APPEAL IS FILED. IF A PARTY WISHES TO APPEAL ONLY THE MONEY PORTION OF A JUDGMENT INVOLVING A RESIDENTIAL LEASE, THE PARTY HAS 30 DAYS AFTER THE DATE OF ENTRY OF JUDGMENT IN WHICH TOFILE A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF COURTS OF THE COURT OF COMMON ~ CIVIL DIVISION. / /~ THE PARTY FILING AN APPEAL MUST/fNCLU[~E A COPY OF TJ:~NDTICE dF ~IUDGMENT/TRANSCRIPT FORM WITH THE NOTICE OF APPEAL. , c~eer~Tf<~'~'CJ~ Dat? J_. ~'/'"'"'~ , District Justice y mat this is a true an..d/~orr-~y of the record~)f the p/oceedings containing the judgment. Date ~ ,~ , District JusticeI My commission expires first Monday of January, 200a~. ,~,~n ~,~.oo SEAL DON MCKEEHAN, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 01- CIVIL TERM DAVID RICHARDSON, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS THEPROTHONOTARY: Kindly allow David Richardson, Defendant, to proceed in forma paupeds. I, Ron Turo, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's Affidavit showing inability to pay the costs of litigation is attached hereto. Date Respectfully Submitted TURO LAW OFFICES Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant f-ILE No.773 03,/13 '01 10:52 ]D:LEGCC SE~VII?ES,INC:. FRX:7172498026 PAGE Plaintiff VS. IN THE COURT OF: COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIl, TERM AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERLq 1. I am the ~_~_~in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. 1 am unable Io obtain funds from anyone, including my family and associates, to pay the costs litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and ¢OITect, (a) Name: _D,4~/lf'),, A. (b) Social Security Number: /E7 If you are presently employed, state Address: Salary or wages per month: Type of work: If yo~.l are presently unemployed, state Date of last employment:, i Salary or wages per month: 03×13 ~01 1C:53 ! D: LEGAL SERVICES, I NC. FAX: 7:. 72438.026 PAGE 4 O~her inoom~ wilhin [~ p~s! twelve monlJt~ Business or profession: Other self-employment: /nlere~£; "-~'---~'-'----"'~ · Dfvidends..~~ n and annuities: S~ia{ Security ~nefits: ploymem Supplement{ ~nefi~s: and Workman ,{ com~ti~ Public AssiS~nce: Other: ~ (dj Other contr/butions to household SUpport'--'----~ If your (husb~d) (wife) is employs, Employer; S~te SEary or ~ages ~r month: Type of Work: Contributions from children: (e) Property owned ~'----'-------'~'~ Cash:____ Checking ~avings Account;~ Certificates of Deposit: R~I Bs~te fiacludin8 home): ~ .~ ~ Motor vehicle: Make ~?~_ Y~r ~ Cost' /~, Amoun~ owed Stocks; bonds: Other; Debts and obliga:ions Mortgage: Rent: Monthly Expenses: PAGE 5 (g) Persons dependent upon you for support ~(Husband) Name: _ C4 /~ , '.~ ~. 'c ], ~ e g~ ~ Children, if any: Name:~ v ~ ~ Age: ~y 4. I understand lhat 1 ~ve a continuing obligation to inform the cot~ of improvement in my finandal cimums~nees which would ~rmit me to ~y the costs incurr~ heroin. 5. I verify that the smtemems made in this affidavit are true and correct. I tmdersmnd that false s~ments heroin a~ m~e subj~t to the ~nalties of 18 Pa. C.& 4904, ~lating to unswom falsification authorities. Date:~ C~OMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL 3- / '~- 0 t Ptotice 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. David Richardson 297 Rich&and _. 03/08/01 McKeehan CITY CV 19 p~ ~ LT 1.9 ...... - - This block will be signed ONLY When this notation ~s required under 10088. If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. This Notice of Appeal, when received by the D~sfrlct Jusflce, will operate as 1001(6) in action before District Justice, he MUST _../~/~_4;..~S/i/~/h~a~~;_~ FILE A OOMPI AINT within twenty (20) daysafter ~g a re of Prothonotary oVDepdty filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section o1 form to be used ONLY when appellant was DEFENDANT (see Pa. RC.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, de~ach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon Don McKeehan N~ne of appellee(s) /..~edlee(s), to file a comp~,.i~ this appeal (Common Pleas Nc~ Of- It-lull/ )withintwenty(20)days'eff~grJ~°frule/°r ~ -'"~' /~/ fna~pms. Name of appellee(s) ~ (1) You am notified that a rule is hereby enl~w~l 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 moil. (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 moil is the date of moiling. COURTFILE COMMONWEALTH OF PENNSYLVANIA COUNT,,O~ ~/.,~/~,rZ,'~.P '"" '!, '---' ' 0"~ ° '~ ' AFFIDAVIT: , nereo¥ swear or'affirm that I served __ ~ ~)~/-~Z/t~:;~ ' "i/db~~t ce d~signated therein on ~ a copy of the Not~c~of ~peal?~mmon~ ' ~ : ...... - ~~gistered) mad, sender s d~o and upon the appe , ( / - - , - ~e o 'ec ' tatt che , . . '. ~ sr eiptattacb~ t · t~hom ~.~ ~r~r t~a~, ~w~ ~,~"~ ~o,~2~ ~5~)~cc°~" ~t~r~ ~ - . (-I . , Title of official PS Form 3800, April 1995 JOHN R. MCKEEHAN and DONALD MCKEEHAN Plaintiffs V. DAVID RICHARDSON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1448 CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTR 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 claim 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 17013 (717) 249-3166 6. On January 25, 2001, Defendant discontinued all work for Plaintiffs and was thereafter provided with a written notice to quit by Plaintiff, Donald McKeehan. 7. Defendant continues to refuse to work on the farms and in fact has not done so, and further refuses to vacate the premises despite repeated requests, and a formal written notice to quit. WHEREFORE, Plaintiffs request that this Court enter judgment in favor of Plaintiffs and against Defendant for possession of the premises herein described. COUNT II- LOSS OF RENTAL INCOMF 8, Paragraphs I through 7 inclusive are incorporated herein by reference as though here set forth at length. 9. Plaintiff demands damages in the amount of $800.00 per month from January 25, 2001, to the date of hearing as and for the fair monthly rental value equivalent of the subject premises. WHEREFORE, Plaintiffs request that your Honorable Court enter judgment against Defendant for fair rental value in an amount to be determined. Date: RESPECTFULLY ~J~D: Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Plaintiffs I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, Date: relating to unsworn falsification to authorities. JOHN R. MCKEEHAN and DONALD MCKEEHAN Plaintiffs DAVID RICHARDSON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1448 CIVIL TERM ACCEPTANCE OF SERVICE I, Ron Turo, Esquire, counsel for the Defendant, David ~ichar.~son, accept service of the Complaint in Ejectment, received on "~c:~'/~/ and certify that I am authorized to do so. Ron Turo, Esquire JOHN R. MCKEEHAN and DONALD MCKEEHAN, Plaintiffs :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 01-1448 CIVIL TERM DAVID RICHARDSON, Defendant NOTICE TO PLEAD TO: John R. McKeehan and Donald McKeehan c/o Charles Rector, Esquire Law Office of Charles Rector 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011 You are hereby notified to file a written response to the enclosed New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. Date Respectfully Submitted TURO LAW OFFICES Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant JOHN R. MCKEEHAN and DONALD MCKEEHAN, Plaintiffs :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 01-1448 CIVIL TERM DAVID RICHARDSON, Defendant ANSWER AND NEW MATTER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted and denied. It is admitted that the Defendant received a notice to quit on or about January 25, 2001 but is denied that it was because he discontinued all work for Plaintiffs and proof of the same is demanded at trial. 7. Denied. The Defendant does not refuse to work on the farms but has been unable to work based on actions of the Plaintiffs and/or health concerns related to health problems received from the conditions at the Plaintiff's farm. 8. No responsive pleading is required. 9. Neither admitted nor denied. The allegations in this paragraph are legal conclusions to which no responsive pleading is required. If a responsive pleading is required it is denied that the fair monthly rental value of the premises is $800.00 or that the Defendant has any obligation to pay the same to the Plaintiffs and proof of the same is demanded at trial. WHEREFORE, the Defendant respectfully requests judgment in his favor and against Plaintiffs. NEW MATTER 10. Defendant is the owner of 25 cattle, which Plaintiffs allowed him to house on the farm as part of the Agreement and for which Defendant paid for feed even though he provided all the care for the animals. 11. After Plaintiffs ordered Defendant to vacate the premises, Defendant attempted to sell his cattle in order to obtain monies to obtain a new residence including a security deposit and first months rent. 12. When Defendant went to obtain the cattle he was refused entry to the barns and enclosures where the cattle were kept, ordered off the premises, and not allowed legal access to his property. 13. Plaintiff's actions have specifically denied the Defendant access to his property and consequently he is entitled to receive the fair market value of these animals, which have been wrongfully withheld from him. COUNTERCLAIM COUNT I CONVERSION 14. Plaintiffs have negligently, wantonly, and intentionally withheld from the Defendant 25 cattle without legal justification and in violation of his dghts of ownership causing the Defendant to loose a sum in excess of $25,000.00. 15. This conversion of his cattle amounted to a theft of personal property which theft has unlawfully deprived the Defendant of his rightful property in a sum of excess of $25,000.00. WHEREFORE, Defendant respectfully requests this Court enter judgment in an amount in excess of $25,000.00 against the Plaintiffs. Date Respectfully Submitted Ron Turn, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Answer, New Matter and Counterclaim upon Charles Rector, Esquire, by depositing same in the United Mail, first class, postage pre-paid on the ~ day of//~ ,~./ ,2001, States from Carlisle, Pennsylvania, addressed as follows: Charles Rector, Esquire Law Office of Charles Rector 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011 TURO LAW OFFICES 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant JOHN R. MCKEEHAN and DONALD MCKEEHAN Plaintiffs V4 DAVID RICHARDSON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-1448 CIVIL TERM DEFENDANT'S ANSWER TO PLAINTIFF'R NEW MATTER AND COUNTERCLAIM AND NOW, come the Plaintiffs, John R. McKeehan and Donald McKeehan, by and through their attorney, Charles Rector, Esquire, in response to Defendant's New Matter and Counterclaim and represent as follows: NEW MA TTER 10. Denied. It is denied that Defendant owns twenty five (25) cattle and fudher denied that Plaintiffs have allowed him to house twenty five (25) cattle on their farms and proof thereof is demanded and the same are deemed denied. It is further denied that Defendant has paid for any feed or has provided all care for the animals and proof thereof is demanded. By way of further answer, Plaintiffs acknowledge eleven (11) cattle whicn are owned by the Defendant, a amicable accounting was scheduled for Thursday, April 12, 2001, which the Defendant refused and failed to attend. 11. Denied. Plaintiffs are without sufficient information or knowledge to form a belief as to the averments contained in Paragraph 11 and the same are deemed denied. To the extent that any further answer is necessary, at least two (2) cows not belonging to Defendant have been surreptitiously removed from the Plaintiffs' farms following the filing by Plaintiffs of their Complaint for Ejectment in the instant action. 12. Admitted in part and denied in part. It is admitted that Defendant was refused the opportunity to obtain twenty five (25) cattle, was refused entry to barns and enclosures where the cattle were kept and ordered off the premises. It is denied that Defendant was not allowed legal access to his property and proof thereof is demanded. By way of further answer, an amicable accounting was scheduled for April 12, 2001, which the Defendant refused and failed to attend to confirm the identity of eleven (11) cattle which Plaintiffs acknowledge belong to him. 13. Denied. Paragraph 13 constitutes a legal conclusion which requires no answer and is deemed denied. To the extent that any further answer is required, Defendant is entitled only to the removal of cattle which belong to him. WHEREFORE, Plaintiffs respectfully request that Defendant's New Matter be dismissed with prejudice. COUNTERCLAIM COUNT I - CONVERSION 14. Denied. Paragraph 14 constitutes a series of legal conclusions which require no answer and are deemed denied. By way of further answer, it is denied that Defendant owns twenty five (25) cattle which are housed at Plaintiff's farms and proof thereof is demanded. Defendant has also removed cattle from Plaintiff's property which do not belong to him without Plaintiffs prior knowledge or consent. 15. Denied. Paragraph 15 constitutes a series of legal conclusions which require no answer and are deemed denied. By way of further answer, an amicable accounting was scheduled for April 12, 2001, at which Defendant refused and failed to appear. WHEREFORE, Plaintiffs respectfully request that your Honorable Court enter judgment in Plaintiff's favor against Defendant and to otherwise dismiss with prejudice Defendant's Counterclaim. RESPECTFULLY SUBMITTED: ector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Plaintiffs I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ,~n R. McKeehan I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. CERTIFICATE OF SERVICF I, Charles Rector, Esquire, do hereby certify that on the 16th day of April, 2001, I caused a true and correct copy of the within Plaintiff's Answer to Defendant's New Matter and Counterclaim to be served upon the following counsel of record by depositing same in first class, United States mail, postage paid, in Camp Hill, Pennsylvania: Ron Turo, Esquire 28 E. Pitt Street Carlisle, PA 17013 Ch~-~les Rector, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 JOHN R. MCKEEHAN and DONALD MCKEEHAN Plaintiffs DAVID RICHARDSON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1448 CIVIL TERM .. ORDER OF COURT AND NOW, this //.5 day of // of the attached Petition for Appointment ~Arbitrators, Esquire,~t~ ~~ Esquire, ~d Esquire, ~e appointed ~bi~ators in the above-captioned matter. ,2001, in consideration BY THE COURT: JOHN R. MCKEEHAN and DONALD MCKEEHAN Plaintiffs DAVID RICHARDSON Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1448 CIVIL TERM PETITION FOR APPOINTMENT OF ARBITRATORS AND NOW, comes the Plaintiffs, John R. McKeehan and Donald MeKeehan, by and through their attorney, Charles Rector, Esquire, and respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiffs in the action an amount less than $25,000.00. 3. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Charles Rector, Esquire, and Ron Turo, Esquire. WHEREFORE, the Plaintiffs, John R. McKeehan and Donald McKeehan., respectfully requests that your Honorable Court appoint three (3) arbitrators to whom the case shall be submitted. Date: RESPECTFULLY SUBMITTED,~ Clqar-J, es Rector, Esq~re[ 1104 Femwood Av~nue~Sle, 203 Camp Hill, PA 17011-6912 (717) 761-8101 CERTIFICATE OF SERVICE I, Charles Rector, Esquire, do hereby certify that on the .) 3 day of May, 2001, I caused a true and correct copy of the within Petition for Appointment of Arbitxators to be served upon the following counsel of record by depositing same in first class, United States mail, postage paid, in Camp Hill, Pennsylvania: Date: Ron Turo, Esquire 28 E. Pitt Street Carlisle, P~I 17013 B Y: 11~0~12 RmewCto°or~ASv ~~~uee, S t e. 203 Camp Hill, PA 17011-6912 (717) 761-8101 OATH In The Court of Common Pleas of Cumberland County, Pennsylvania We do sol---~%y swear (or affirm) thac we will support, obey and defend the ConstiCu:ion of the United States and the Constitution of this Common- wealth and thac we ,~ill discharge the .dutie~of our-office with fidelity. We, the u~dersi~aed arbitrators, having been duly appointed and sworn (or affirmed), make the follo~ring award: (Note: If d~ges for dele? are awar4ed, they shall be separately sca=ed.) Arbi:raCor, dissents. (Insert name if N~, =he/~ day of~ , ~, a=2;v7 , ~.~., =he above a~rd was entered upon ~he doc~ and uo~ice ~b. ereof given by ~il ~o ~he parties or their a=to~e~s. Arbitrators' com~.ensacion Co be paid upon appeal: Deputy