HomeMy WebLinkAbout01-5646MILTON D. WASHINGTON, SR.,
Plaintiff
CHRIS J. BISTLINE,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01- '~G~4~.~ 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
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 of 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
MILTON D. WASHINGTON, SR.,
Plaintiff
CHRIS J. BISTLINE,
Defendant
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 01- 0~, ?~, CIVIL TERM
:CIVIL ACTION - LAW
COMPLAINT
1. Plaintiff is Milton D. Washington, Sr., an adult individual who presently
resides in Carlisle, Cumberland County, Pennsylvania.
2. Defendant is Chris J. Bistline, an adult individual who resides at 220
Cherry Street, Carlisle, Cumberland County, Pennsylvania, 17013.
3. On or about August 1, 2000, Plaintiff signed a lease to rent an apartment
located at 160 North West Street, Carlisle, Cumberland County, Pennsylvania from
Defendant for the period August 1, 2000 through July 31, 2001. A copy of said lease is
presently not available to the Plaintiff.
4. The lease between Plaintiff and Defendant required a security deposit of
$400.00 and monthly rental payments in the amount of $400.00, which payments were
made by Plaintiff as required.
5. From August 2000 through July 9, 2001, Plaintiff and his son resided at
the leased premises.
6. From July 9, 2001 to July 31, 2001, Plaintiff served a sentence in the
Cumberland County Prison.
7. Upon his release from prison on July 31, 2001, Plaintiff returned to his
apartment and discovered that all of his possessions and those of his son had been
removed and that another tenant had begun moving into his apartment.
8. Plaintiff estimates the value of his possessions to be $7,625.00, which
amount is detailed on the attached Schedule A.
9. Plaintiff discovered that Defendant and his maintenance man had placed
all of Plaintiff's belongings at the curb and that some had been given away several days
prior to Plaintiff's return.
10. When questioned by Plaintiff, Defendant admitted that he believed that
Plaintiff had abandoned the apartment and stated that Plaintiffs father and sister had
told Defendant to dispose of the property.
11. Defendant drove Plaintiff to a storage building and was shown some
property, none of which belonged to the Plaintiff.
12. As a result of Defendant's actions, Plaintiff and his son have had to take
up residence in a men's shelter, causing both significant discomfort, inconvenience and
stress.
13. Among the items permanently lost to Plaintiff are irreplaceable
photographs, videos, and a ~mother's ring" belonging to Plaintiffs recently deceased
mother.
14. At no time during his tenancy did Plaintiff receive any notice of eviction as
required by the Landlord and Tenant Act of 1951, as amended (68 P.S. § 250.501).
15. The Plaintiff was never served with a complaint as required by Pa.
R.C.P.D.J. No. 501 et seq., concerning Actions Before District Justices for the Recovery
of Possession of Real Property.
Count No. 1 - Conversion
Plaintiff hereby incorporates paragraphs 1 through 15 as if fully set forth
16.
herein.
17.
By setting Plaintiffs possessions outside along the curb, Defendant did
deprive Plaintiff of the use or possession of this property without Plaintiffs consent and
without lawful justification.
WHEREFORE, for all the reasons stated herein, the Plaintiff, Milton D.
Washington, Sr. respectfully requests judgment in his favor and against the Defendant,
in the amount of $7,625.00, which amount represents the estimated value of the
property converted by Defendant, as detailed on the Schedule A attached hereto.
Count No. 2 - Negligence
18. Plaintiff hereby incorporates paragraphs 1 through 15 as if fully set forth
herein.
19. Defendant, as landlord, did owe a duty to Plaintiff to afford Plaintiff the
quiet enjoyment of the leased premises free of unwarranted invasion by Defendant.
20. Defendant did breach that duty by entering, or having his agent enter,
Plaintiff's apartment and removing all of Plaintiff's personal property, depositing it at a
non-secure site where anyone could walk away with it.
21. Because of Defendant's actions, Plaintiff is without the use of all of his
personal belongings and has had to replace necessary items such as food, clothing and
shelter.
WHEREFORE, for all the reasons stated herein, the Plaintiff, Milton D.
Washington, Sr. respectfully requests that the court grant to him and against Defendant
a judgment in the amount of $7,625.00, which amount represents the estimated value of
the property lost to Plaintiff through the negligence of the Defendant, as detailed on the
Schedule A attached hereto.
Count No. 3 - Violation of the Unfair Trade Practices and Consumer Protection
Law
22. Plaintiff hereby incorporates paragraphs 1 through 15 as if fully set forth
herein.
23. The Pennsylvania Supreme Court has held that the Unfair Trade Practices
and Consumer Protection Law applies to the leasing of residences. Commonwealth v.
Monumental Properties, Inc., 459 Pa. 450 (1974).
24. The Pennsylvania Supreme Court has stated that "the UTPCPL must be
liberally construed to effect the law's purpose of protecting consumers from unfair or
deceptive business practices." Commonwealth v. Monumental Properties, Inc., 459 Pa.
45O (1974).
25. Defendant did violate the provisions of the Unfair Trade Practices and
Consumer Protection Law, 73 P.S. § 201-1 et seq., by failing to comply with the terms of
the lease wherein Plaintiff was guaranteed quiet enjoyment of the apartment, by
removing Plaintiff's personal property without notice or process as required by law. 73
P.S. § 201-2 (xiv).
26. Alternatively, Defendant violated the Unfair Trade Practices and
Consumer Protection Law, 73 P.S. § 201-1 et seq., by using deceptive means to
remove Plaintiff from the apartment, by removing all of Plaintiff's personal property
therefrom without notice or process as required by law. 73 P.S. § 201-2 (xxi).
27. The Superior Court of Pennsylvania has held that "(r)emedies of the
UTPCPL are not exclusive, but are in addition to other causes of action and remedies.
Gabriel v. O'Hara., 368 Pa. Super 383.
28. Under the UTPCPL, the court may award up to three times the damages
sustained by a person who purchases or leases goods or services primarily for family,
personal, or household purposes and suffers a loss of money or property as a result of
an unfair or deceptive business practice. 73 P.S. § 201-9.2.
29. The UTPCPL allows the court to award to Plaintiff costs and reasonable
attorney fees. 73 P.S. § 201-9.2.
WHEREFORE, for all the above reasons, the Plaintiff, Milton D. Washington, Sr.
respectfully requests judgment in his favor in the amount of $22,875.00, which amount
represents three times the value of the property (as detailed on Schedule A attached
hereto) lost to Plaintiff through the unfair practices of the Defendant, plus cost of suit
and reasonable attorney's fees.
Respectfully Submitted
TURO LAW OFFICES
Date~/~ ?/c>/
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
SCHEDULE A
Milton D. Washington, Sr.
Inventory of Missing Possessions
Son's Belongings
Computer $1,000.00
Bunk Bed 200.00
Toys 200.00
Video Games 300.00
Dressers 175.00
Clothing 300.00
Bicycle 150.00
TOTAL SON'S BELONGINGS
Mr. Washington's Belongings
Bed & Dressers $700.00
Living Room Furniture 800.00
Coffee Table & Lamp 250.00
Television Sets 500.00
Microwave Oven 150.00
Dining Room Table & Chairs 300.00
Refrigerator 800.00
Stereo Equipment 1,500.00
Dishes, Curtains, etc~ 300.00
TOTAL MR. WASHINGTON'S BELONGINGS
TOTAL MISSING POSSESSIONS
$2,325.00
$5,300.00
$7,625.0O
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.$. {}4904 relating to unsworn falsification to authorities.
Date / /
Milton D. Washington, Sr. ~/ '
MILTON D. WASHINGTON, SR.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 01- ~ ~G CIVIL TERM
CHRIS J. BISTLINE,
Defendant
: CIVIL ACTION - LAW
PRAECIPE TO PROCEED IN FORMA PAUPERIS
TO THEPROTHONOTARY:
Kindly allow Milton D. Washington, Sr., Plaintiff, to proceed in forma pauperis.
I, James M. Robinson, 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.
Respectfully Submitted
TURO LAW OFFICES
Date
J~rr~s M Rob/nson, Esquire
2Er'South Pitt/~treet
Carlisle, PA 47013
(717) 245-9688
Attorney for Plaintiff
MILTON D. WASHINGTON, SR.,
Plaintiff
CHRIS J. BISTLINE,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01- ~/-/~ CIVIL TERM
: CIVIL ACTION - LAW
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPERIS
1. I am the Plaintiff 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. I am unable to obtain funds from anyone, including my family and
associates, to pay the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees
and costs is true and correct.
a. Name:
Address:
Milton D. Washington, Sr.
20 East Pomfret Street
Carlisle, Cumberland County, Pennsylvania
Social Security Number: 181-54-6419
If you are presently employed, state
Employer: None
Address:
N/A
N/A
Salary or wages per month:
Type of work:
N/A
N/A
If you are presently unemployed, state
Date of last employment: 9/21/01
Salary or wages per month: $1,290.00
Type of work: Stockin.q Shelves
Other income within the past twelve months
Business or profession: $4,930.56
Other self-employment: N/A
Interest: None
Dividends:
None
None
Pension and annuities:
Social Security benefits: $ None
Support payments: None
Disability payments: None
Unemployment compensation and
Supplemental benefits: None
Workman's compensation: None
Public Assistance: None
Other: None
Other contributions to household support
Wife/Husband Name: None
If your Husband/Wife is employed, state:
Employer: N/A
Salary or wages per month:
Type of work:
N/A
N/A
Contributions from children:
Property owned
Cash:
Checking Account:
Savings Account:$
Certificates of Deposit:
Real Estate (including home):
Motor vehicle: Make
Cost
Stocks; bonds:
N/A
$00.00
$00.00
$ .51
None
None
None Year N/A
N/A Amount owed N/A
None
Other: $380.00 Held by Salvation Army Men's Shelter
Debts and obligations
Mortgage: None
Rent: $ None
Loans: None
Monthly Expenses:
$68.00/week Child Support
g. Persons dependent upon you for support
Wife/Husband Name: None
Children, if any:
Name: Milton D. Washin,qton, Jr. Age: 8 yrs.
Name: Age:.
Name: Age:.
4. I understand that I have a continuing obligation to inform the Court of
improvement in my financial circumstances which would permit me to pay the costs
incurred herein.
5. I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
§4904, relating to unsworn falsification to authorities.
Date
Y"J~'~shington, Sd.,'Pl~inti~--~'
Milton D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-05646 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WASHINGTON MILTON D SR
VS
BISTLINE CHRIS J
SHANNON SUNDAY , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
BISTLINE CHRIS J the
DEFENDANT , at 2009:00 HOURS,
at 220 CHERRY STREET
CARLISLE, PA 17013
CHRIS BISTLINE
a true and attested copy of
on the 2nd day of October , 2001
by handing to
COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18 00
3 25
00
10 00
00
31 25
Sworn and Subscribed to before
me this /L ~ day of
A.D.
'Pgothonotary
So Answers:
R. Thomas Kline
10/03/2001
MILTON D. WASHINGTON, Sr.
Plaintiff
CHRISTOPHER J. BISTLINE :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No, 01-5646 CIVIL TERM
CIVIL ACTION LAW
IMPORTANT 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 days (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 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
MILTON D. WASHINGTON, SR.
Plaintiff
CHRISTOPHER $. BISTLINE
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: No. 01-5646 CIVIL TERM
:
CIVIL ACTION LAW
:
ANSVqER AND COUNTERCLAIM
AND NOW, this 7 th day of November, 2001 comes Christopher J. Bistline, by
and through his attorney, Joseph D. Buckley and Answers Plaintiff's Complaint and
Counterclaims as follows:
1. Admitted.
2. Admitted.
3. Admitted in pan, denied in pan. On July 27, 2000 Plaintiff entered into a
written lease with Defendant for apartment Number 2 located at 160 North
West Street, Carlisle, PA 17013 for a one year term beginning August 1, 2000
and ending July 31, 2001.
4. Admitted in part, denied in part. It is admitted that Plaintiff was require to post
a $400.00 security deposit; however the lease called for monthly rental
payments of $410.00 per month and Defendant was rarely current with his
rental payments or in compliance with the terms of his lease.
5. It is admitted that Plaintiff and his son were to reside in the apartment and
began residing in the apartment in August 2000, but on July 2, 2001 Plaintiff
had failed to make his July payment, failed to pay his water bill, failed to pay
back rent and failed to clean-up trash which had accumulated, was instructed
by Defendant that if Plaintiff did not rectify these breaches he would be
evicted.
6. Defendant has no knowledge of Plaintiffs whereabouts during this time
period and demands specific proof thereof. By way of explanation, Defendant
after not heating from Plaintiff and contacting Plaintiff's next of kin, who did
not know of Plaintiff's whereabouts.
7. Admitted in part. Plaintiff had been evicted from his apartment and hearing
nothing from Plaintiff and after checking with Plaintiff's family and being
told they knew not where Plaintiff had gone, Defendant had a reasonable
belief that Plaintiff had abandoned the apartment, leaving behind trash,
garbage, filth, crack pipes and crack viles and very few possessions.
Defendant had contacted Plaintiffs father and sister who came to the
apartment and took the few possessions of Plaintiff and requested Defendant
dispose of the remainder as it was not salvagable. Defendant placed in storage
or safe keeping any items which he believed may have had some value. No
new tenant was to move into the apartment until the middle of August 2001
after the apartment had been thoroughly cleaned and painted.
8. Plaintiff is unable to ascertain the truth of this statement and demands specific
proof of any item of value from Plaintiff.
9. Denied. Although a majority of the items found in the apartment were of little
or no value, Defendant only placed items of trash and garbage out to be
picked up by the municipal waste authorities. Plaintiffs family were given
access and removed all of Plaintiffs belongings which had any value.
10. Admitted.
11. Admitted in part denied in part. It is admitted that Defendant took Plaintiff to
a secure storage area to retrieve any item Plaintiff had abandoned, but it is
denied that the property was not Plaintiff's. All the property was plaintiff's
property.
12. Denied, as a result of being lawfully evicted for his breaching the lease and
for his being imprisoned on counts unknown to Defendant have led to his
present condition, not any actions on the part of Defendant.
13. Defendant has no knowledge as to the truth or falsity of this averment and
demands specific proof thereof.
14. Denied. Plaintiff had received a number of notices for eviction. The final
notice was posted on the property as required by law.
15. This averment is a legal conclusion to which no response is required;
however, when Plaintiff abandoned the apartment after being notified that he
was to be evicted and after eviction notices were posted, Defendant legally
took back possession. Defendant need not have used legally action to assume
possession which was voluntarily granted by the abandonment.
16. This averment is a legal conclusion to which no response is required.
17. This averment is a legal conclusion to which no response is required.,
however, Defendant set along the curb trash, garbage, drug paraphernalia and
junk items of Plaintiff with the consent and direction of his family and with
Plaintiff's tacit consent based on Plaintiff's abandonment and with lawful
justification.
18. No response is required.
19. Admitted.
20. Denied. Defendant breached no duty to Plaintiff and it was Plaintiff's agents,
his father and sister, who removed Plaintiff's items of any value. All other
items had little or no value and the items which may have some value were
placed in storage and remain in storage.
21. Denied as stated. Plaintiff is in his present curcumstances because he
abandoned his belongings while imprisoned, did not respond to eviction
notices, did not comply with warnings and did not inform anyone of his
whereabouts. If Plaintiff has incurred costs as averred specific proof thereof is
demanded.
22. No response is required.
23. This averment is a legal conclusion to which no response is required.
24. This averment is a legal conclusion to which no response is required.
25. Denied. Defendant did not fail to comply with the terms of the lease, to the
contrary, Plaintiff failed to comply with the terms of the lease. Plaintiff was given
notice and failed to respond. Further there is no applicability of the Unfair Trade
Practices and Consumer Protection Law(Hereinafter called the UTPCPL) to
Plaintiff's complaint. The section of the law cited by Plaintiff does not exist
(Section 201-2 has no subsections and is the definition of"person") and if
Plaintiff meant to cite 201-4 (xiv) of the UTPCPL that subsection deals with
warranties of goods and services sold and is inapplicable to the Plaintiff's
Complaint. "(xiv) Failing to comply with the terms of any written guarantee or
warranty given to the buyer at, prior to or after a contract for the purchase of
goods or services is made" 73 P.S. Section 201-4 (xiv).
26. Denied. Plaintiff removed himself from the apartment and his next of kin
removed his personal property. All other items of Plaintiff which were not
garbage, trash, and which had been requested by Plaintiff's family members to
be disposed of, were placed in safe keeping by Defendant. Defendant was in
no way deceptive and acted reasonable given the circumstances and the
actions or inaction of Plaintiff.
27. - 29. These averments are legal conclusions or recitations of a statute or case
law to which no response is necessary.
WHEREFORE based on the above answers, Defendant prays that this honorable court
dismiss Plaintiff's action and enter a judgment in favor of Defendant.
30. Defendant incorporates paragraphs 1-29 as though fully set forth herein.
31. Plaintiff, in violation of his lease, abandoned the apartment and failed to pay
rent due and owing to Defendant in the amount of $275.00.
32. Plaintiff, in violation of his lease, abandoned the apartment and left it in such
a state of disrepair necessitating cleaning the apartment, bagging and hauling trash at a
cost to of $650.00.
33. Plaintiff, in violation of his lease, misused the apartment and/or lacked care
for the apartment while in his possession causing damage to the interior of the aparUnent
which required repair and repainting at a cost to Defendant of $1500.00.
34. Defendant has been storing many large items of personal property of Plaintiff
which Plaintiff refuses to reclaim and also refuses to permit Defendant to remove to the
landfill at a cost of $60.00 per month since August l, 2001.
35. Plaintiff failed to pay his water and sewer bill as required by the lease and
Defendant paid the past due amount of $83.56.
WHEREFORE, Defendant prays this honorable Court enter a judgment in his favor in the
amount of $2508.56 plus $60.00 times the number of months Plaintiff's items have been
in storage less Plaintiff's $400.00 security deposit, together with interest, costs and
reasonable attorney fees.
Respectfully submitted,
ep .
Attorney for Defendant
Supreme Court ID # 38444
1237 Holly Pike
Carlisle, PA 17013
(717) 249-2448
The undersigned, Christopher J. Bistline, hereby certifies that the statements made
in the foregoing document are true and correct to the best of his knowledge, information
and belief.
It is understood that statements made herein are subject to the penalties of 18
Pa.C.S. Section 4904 relating to unswom falsification to authorities.
Date: /0- ?- ol
CERTIFICATE OF SERVICE
I, Joseph D. Buckley, Esquire, hereby certify that a tree and correct copy of the
foregoing document was served upon the following person via U.S. First Class mail,
prepaid:
November 8, 2001
James M. Robinson, Esquire
28 South Pit Street
Carlisle, PA 17013
ph D. Buckl~/~-squire
MILTON D. WASHINGTON, SR.,
Plaintiff
CHRIS J. BISTLINE,
Defendant
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 01-5646
CIVIL TERM
:CIVIL ACTION - LAW
ANSWER TO COUNTERCLAIM
30. No answer required.
31. Denied. Plaintiff never abandoned the apartment during the term of this
lease. Plaintiff did, in fact, begin serving a sentence in Cumberland County Prison on
July 9, 2001 after which he fully intended to return to this apartment and pay to the
Defendant $225.00 owing on his rent, which amount represents less than one month's
rental payment.
32. Denied. Plaintiff never abandoned the apartment during the term of his
lease. He did begin serving a sentence in Cumberland County Prison on July 9, 2001
and fully intended to return to the apartment thereafter. It is further denied that the
apartment was left in a state of disrepair or that there was any need for cleaning the
apartment or bagging and hauling trash therefrom. Plaintiff asserts that a large amount
of trash deposited in the rear of the property which had been brought to his attention by
Defendant on several occasions was deposited there by others and is, therefore, not the
Plaintiff's responsibility.
33. Denied. Plaintiff never misused the apartment nor ever failed to care
properly for it. At the time Plaintiff was incarcerated, the only damage to the intedor of
the apartment, excepting wear resulting from its normal use, was caused by the
Defendant or his contractor, who were in the process of changing the heating system.
The old steam radiators had been removed and the new heating units had not yet been
installed. There was no damage caused by Plaintiff that would require repair or
painting.
34. Denied. None of the property showed to Plaintiff by Defendant at the off-
site storage facility belonged to Plaintiff, therefore, Plaintiff is not responsible for the cost
of storage.
35. After reasonable investigation, the Plaintiff is unable to ascertain the truth
of this averment and demands specific proof of payment of his water and sewer bill.
Plaintiff had paid all water and sewer bills as they came due. He has no knowledge of
the status of any water and sewer bills that were received subsequent to his
incarceration on July 9, 2001.
WHEREFORE, for all the above reasons, the Plaintiff, Milton D. Washington, Sr.
respectfully requests that this Court dismiss Defendant's counterclaim and enter
judgment in his favor and against Defendant.
Respectfully Submitted
TURO LAW OFFICES
Date
!~a i~s ~et!~t~b~le~, Esquire
(717) 245-9688
Attorney for Plaintiff
VERIFICATION
I verify that the statements mede in the foregoing Complaint are true and correct.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. ~4904 relating to unsworn falsification to authorities.
Date
Milton D. Washington, Sr. ~'
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Answer to
Counterclaim upon Joseph D. Buckley, Esquire, by depositing same in the United
States Mail, first class, postage pre-paid on the 26th day of November, 2001, from
Carlisle, Pennsylvania, addressed as follows:
Joseph D. Buckley, Esquire
1237 Holly Pike
Carlisle, PA 17013
TURO LAW OFFICES
~R. b~iS~iTe~, Esquire
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
MILTON D. WASHINGTON, SR.
Plaintiff
· IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
v. · NO. 01-5646 CIVIL TERM:
CHRIS J. BISTLINE,
Defendant
· CIVIL ACTION - LAW
PETITION FOR APPOINTMENT OF ARBITRATOR~
TO THE HONORABLE, THE JUDGES OF SAID COURT:
I, James M. Robinson, Esquire, counsel for the Plaintiff in the above action, respectfully
represents that:
1. The above-captioned action is (or actions are) at issue.
2. The claim of the Plaintiff in the action is $7,625.00.
The counterclaim of the Defendant in the action is $2,408.56.
The following attorneys are interested in
disqualified to sit as arbitrators:
Joseph D. Buckley, Esquire
Robert J. Muldedg, Esquire
James M. Robinson, Esquire
Gerard J. Foulke, Esquire
the case as counsel or are otherwise
Ron Turo, Esquire
Galen R. Waltz, Esquire
Carol L. Cingranelli, Esquire
WHEREFORE, YOUR Petitioner prays this Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
Respectfully submitted,
~/nes M. ~3foinson, Esquire
...<
MILTON D. WASHINGTON, SR.
Plaintiff
CHRIS J. BISTLINE,
Defendant
· IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
· NO. 01-5646 CIVIL TERM
· CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this. .~'/"~_ day of ~ , 200~n consideration of the
foregoing Petition, ~.-z~f ,~fl/~'/' , E,~., ~ ~~ Esq.,
and .~ ~~~ Esq., are appointed the above-~ptioned
a~ion as pried for. ~
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MILTON D. WASHINGTON, SR.,
Plaintiff
CHRISTOPHER J. BISTLINE
Defendant
No. 01-5646 CIVIL TERM
CIVIL ACTION LAW
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY
Please discontinue the above captioned matter with prejudice as it has been settled
by agreement of the parties. If there have been any judgements entered, please mark
them satisfied.
Thank you.
ID # 38444
1237 Holly Pike
Carlisle, PA 17013
(717) 249-2448
Respectfully submitted
ID # ~ql33
28 South Pitt Street
Carlisle, PA 17013
(717) 245-2165
mT.YON D. WASHI,NGTON, SR. .
G~.IS J. BISTLI~E
Ia The ~our~ Of Comma Plm of
Cumberland Counc~, -~enusylVaZL~
.~o. , ~01-5646 19__.__.
Ve do sol'emly sve~l: (or a~fiz~) chac va v~ support, obey a~
~a Co~ClCuc~u' o~ ~e g~id S~C~ sad the ~cl~o~ o~ chis
ge, c~ ~ezsi~d ~bl~cors, ~ been duly appo~c~ a~
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