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Home My WebLink About96-05514 ~ r " d ~ q: ~ " : ot- ~ ~ ':; ".." '~ to .).....~ !~ IV) " o f .\1 ~ :; ':).J: ! ~ ~ ;Qe ( ~ ~ - - . I : I ! " 7. On June 27,1996, Defendants gave Plaintiff a deposit check of$590.10 and the parties scheduled work to be done on June 28, 1996. Ninety and 10/100 dollars of this check was for lawn service already performed and Five hundred dollars of this check was to be applied to the tanbark service. 8. On June 28, 1996, Plaintiff provided the service that Defendants contracted for. 9. On or about July I, 1996, Plaintiff provided Defendant with invoice for service performed of$I,298.50. (See Exhibit "A") 10. On or about July 5, 1996, defendants check for $590.10 was returned to Plaintiff unpaid because the account was closed. (See Exhibit "B") 11. On or about July 22, 1996, Defendants provided Plaintiff with a cashiers check to replace the check returned by Defendants' bank. (See Exhibit "C") This check included additional charges for lawn care not related to the amount in controversy. 12. On or about July 22,1996 Plaintiff contacted Defendants by letter and telephone and demanded payment (See Exhibit "D") in full of the $798.50 still outstanding on Plaintiff's invoice. 13. Defendants have continued to refuse to make payment to Plaintiff of outstanding money for tanbark services. 14. On September 6, 1996, District Justice Charles Clement issued notice of judgment in favor of Plaintiff for $798.50 plus costs. (See Exhibit "E") 15. Defendants have breeched their obligation to pay Plaintiff for the services provided to the Defendants. 2 .' . . -;:-""-;0-:--":. -:-:-'~-7'~"':.-.-;-- .'-"':".-'~ ~;t~''';\'i.r'''>?lP''~ ..... ,,', JII:.,. -, ',', .,' ,- . 1~;SERV.I(tE:()RDER'; .. ~." ,.,' ,;... I' , I~~;:t~ kMil<:J: 'l:"~:~'ri !~ ~ I'L'~/f- (..' ~' ~~~..,t. ::;'~~:~/~t'(~~g~ ?" REPAIR IN .~;:.,D HOME,'" 0 SHOP' '\ ;V,.. qATE ORDERED.; .".~'. " ~lcze~~,..."' I, ' ~'. "'j ",..,;',t . . ,', ....... o C,O.D. 0 CHARGE P"'no 7?V- t:,(J elf '....... .,. ~:.,~Clly ~~~''::it:' ~~', ' ',',. ;i"~<f.l,.....~,.~~tfMAKE':""i,',:',""'::''': ,.,....,,,... :'MOOEL .~{~) I "ii' "'. '~in~r~:';'~~;;)!.t;~i/) ;;~.~~:<~,.\':; ,'i~:' .',' :;, ::::i'~ '- ,9!:~I~~<Cl~":;":':~J.i(f. ';-'.I.;.:..~'.' )'". ,.,~..,.., "-"'j "':,,"' ~-"~ri;,l\llol:lJl"i;ffi;~,:'~RV1CE'REOUESTED . . .i,. <~.f t~DjWARRANTI'(~~~' -', "":"'~~:';'/"i'j'; r \'," . ; '} :to""CONTAAL':':t:/ t.~s.,...;..- ,,"'.' . JO'ESTIMATE': '.,': ,.", ' Slate Zip , . ...:~':,;.~ ~ , .'.:i'-. ..," ,'., ,~:.~ . SE~.~ ~?~j:;V.'~,ii~{ ~;...,,'.,. " ""." ....'II'.ffil.~ .' ,';'.. .,'.. ,;. ...., ~1"l,;.~ ."..:..1'" '.'~ .;, DATEPROMISED"."J"'~ '. j' j:"'(;'.;: . :'.~ ,-~. ~;../ .;::,. i f,~. ...--.--. (.' ( . TAX: HOURS'. OH CtWIQ( 00 r.IJLE.I,Qc.... 'CASH "ON,C,oMPtiTION OF WORK" I hereby accept nbovo performance, and c1mrges. as being sulislactory and acknowledge that equipment has been lell in good condilion, . CUSTOMER'S SIGNATURE ,. 'ElAdams:',. ;; ';3~584',:,,: .:'; . I ".',; ".:,;. ;... ':',.' < :"~:: :~(}..: ;;" .~~ 'j '1 t I 1[CllN1CWfS SIGt-lATUIII: THANK YOU Service Order '.". " ... ....;," ( '. I I ,. i' ....:. . '.' .'.',' . ~73 CHARGE/CREDIT fltRM' IOHARRIS. D SAVINGS BANK 0700024849 ACCOUNT NUM8ER 07l0<;/Q6 DATE It w ::;; ~ Ul ::J () fiG AUTHORIZED APPROVAL CAdvlce of Charge 0 Advice of Credit Amount $ <;Q<; 10 Reason To chq rtn ck for Acct Closed payable to Dave RternPT Ont:donr Milint~nanC'C' n]u~ a S5~OO fee. 0700Q,,!t(9 ,II'. 0 'I ,':">:.': --, 11'11"5/% AJ'.,: Y,.'.'," ,:.~;;.".2: ~.\;. .:';.;,....1 ..:.:. &.~ p",~ .?-5-> ;;>-0 7;- PI,IH make IhlllnllY In your chockbook. NOW.004(M31 DAVE S~ERNER OUTDOOR MA INTENANCE . .......................-.......-.-.......- .. ~.: .:' . , '. .......'.. .",',,':..' ........' . ". : .'. ," ~.... '. :. '. ~/.;:'~:?.;. ..... :'i<::<r:.::::.;.:. ....'/.,:.........:. . . ..... ~.. . .' , ',.::::;:.:,:-',: . . ",".' ::'(.t;k;.. ........;. . :'.':' ......--. 398 ':: ..... ~~5531 1 B Cjl, ....... . $: ~1011i), /0. . :;,-VJDQLLAAS r. " ~,";,: .... .... . '\': .'. \,r.:t:'}'!iI1.. '. . , ...'n . .. -.'.-....~~.._._._..._.. ,1'00000 Sqo ~o.,' , .' " .....,. ...... ..... ..... .... .. . , ,.........; '.. . . '.. :.- <.... ...., eM;; {! No.5630979 PENNSYLVANIA SlATE EMPLOYEES CREDIT UNION 1 CREDIT UNION PLACE. HARRISBURG. PA 17110.2990 CHECK NO. 1)5630979 I 1072296 IpAy. I ! j !TO TH E jORDER ,OF !! ri}:J,.ll!.....;:. .:. .~. ,:'. .... ::>.::;::~~.;::.};~;: /:',> ;.,',';:'" ,~'.'" 60.8111 ~ Pllnnlylv.nla Silt. Employ..' Credit Union AMOUNT CASHIER'S CHECK SIX HUNDRED FORTY FIVE AND 20/100 DOLLARS $*********645.20 DAVE STERNER OUTDOOR MAINT :~ :~r:t.~~ :It "'J,I\JUr ~"i"1.,:~ ~ (~ti~O-;;;EO SIGNATURE ~ I . . .~; ":','1": ~ 11'51;30"11"111' '.: ~3 ~:l8 ~ ~ H"I: I; L ~ b ~ ~ I; ~ ~ "II' .... . .".',~. : " ; ,,, " ',' . :.....' .' Dave Sterner Outdoor Maintenance 909 Bridge Street New Cumberland, PA 17070 Telephone 774-3050 t~P July 22, 1996 John Messimer 700 Walton St. Lemoyne, PA 17043 Dear John: I received your cashier's check in the amount of $645.20 today to cover $500 deposit for tanbark and $145.20 for lawn work done on your property during May, June and July. You first promised payment on July 12, but called and stated you forgot your bank was closed on week- ends. You said you'd come in to my place of business on July 15 to make payment. You did not make contact with me on July 15 & 16 after I repeatedly left messages and your son beeped you on your pager. I expected payment in full in the amount of $1 ,443.70 as per conversation with you and your wife at your home on July 17, 1996. You failed to make payment on July 17, but called to promise payment on July 18. You called again on July 18 and promised, again, to make payment on July 19 by 9 a.m., but later called to say you'd make payment by 4 p.m. You phoned later on July 19 to say the check was ready but your bank was closed and your wife was very upset with the bank because the bank would not give you the check which they had already cut. You then promised to make payment by 10 a.m. today. The cashier's check you gave me today is dated July 22. At no time did you indicate there would be anything less than full payment. I find it most difficult to understand why you are withholding payment. You told me and my employees how pleased you and your wife were with the job. Two weeks and five days later, it's a different story: plants being damaged, not enough mulch and repeated damage to a small bush. Ifthere was a problem with the jobs, why didn't your wife tell me the night I came to your house, July 10, to discuss a retumed check (account closed) and she quieted the dogs and did not answer the door. If there was a problem with the jobs, why didn't you contact me prior to July 17 when 1 came to your home again to discuss the returned check? John, broken promises, closed checking account, returned check, purses being stolen, not returning calls, refusing to make full payment, leave me with no choice. If payment of$798.50 is not received within ten days of receipt of this letter, 1 intend to take legal action. Si~~~ David A. Stemer Owner COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND NOTICE OF JUDGMENT/TRANSCRIPT · M.g. 0Iat. No.: PLAINTIFF: NAME "'" AOOAElllI roAVE STERNER OUTDOOR MAINTENANCE ., 99 HARRISON DRIVE NEW CUMBERI~ND, PA 17070 L ~.J VS. ~.~ DEFENDANT: NAME"'" AOOI1ESS e.;r- # / IJ iT" *F ~ESSIMER, JOHN , CLAIRE 700 WALTON STREET LEMOYNE, PA 17043 L .J Docket No.: CV-0000386-96 Dale Filed: 8/13/96 09-1-01 OJ NIatN: Hoft. CHARLES A. CLEMENT, JR. Add,.." H06 CARLISLE ROAD . CAMP HILL, PA T~:OI7J 761-4940 17011 DAVE STERNER OUTDOOR MAINTENANCE 99 HARRISON DRIVE NEW CUMBERLAND, PA 17070 . THIS IS TO NOTIFY YOU THAT: Judgment: ~ Judgment was entered for: (Name) ~ Judgment was entered against: (Name) In the amount of $ 8G8. 50 o Judgment was entered against LandJordfTenant action In the amount of $ on The amount of rent per month, as established by the District Justice, is $ o Damages will be assessed on: (Date & Time) DF.F AI/I.T .TIIDr-MEN'!' PT .TF DAVE STERNER OUTDOOR MAINTENAN MESSIMER, JOHN' CLAIRE on: (Date of Judgment) 9/06/96 ina (Date of Judgment) $ $ o This case dismissed without prejudice. Rent in arrears Damages Unjust Detention Damages to Property/ Residential Lease: $ Less Amt Due Defendant - $ Amount of Judgment = $ Judgment Costs $ Interest on Judgment $ Attorney Fees $ 798.50 70.00 .00 .00 868.50 i- i- i o o o o o Objection to levy has been filed and hearing will be held: I". Time: Possession granted. Possession 9ranted if money judgment is not satisfied by time of eviction. Possession not granted. Levy is stayed for _ days or 0 generally stayed. TOTAL $ ~- ANY PARTY HAS THE RIGHT TO APPEAL A JUDGMENT INVOL VING A RESIDENTIAL LEASE AND AFFECT/NG THE oELNERY OF POSSESSION OF REAL PROPERTY WITHIN 10 DAYS OF THE DATE OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLEFlK OF THE COURT OF COMMON PLEAS, CNlL DNlSION. ANY PARTY AGGRIEVED BY A JUDGMENT FOR MONEY OR A JUDGMENT INVOLVING A NONRESIDENTIAL LEASE MAY APPEAL WITHIN 30 DAYS OF ENTRY OF THE JUDG N BY FILING A NOT CE OF APPEAL WITH THE PROTHONOTARY/CLERK Or'r,COURT OF CO ~O. PL CIVIL 01 9-6-96 Date ~~aJq , ,DlstrlctJustlce I certify that this Is a true an or ct cop~ f the e r the judgment. 9-6-96 Date , District Justice My commission expires first AOPC 315-96 . . . . DAVE STERNER OUTDOOR MAINTENANCE, Pro Se : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : 96-5514 CIVIL TERM v. JOHN AND CLAIRE MESSIMER, : CIVIL ACTION LAW Defendants CERTIFICATE OF SERVICE I, Dave Sterner, the undersigned, hereby certify that I have served a true and correct copy of the foregoing Complaint, by first-class, certified, return-receipt mail, upon the following, on the date indicated below: Date 1~/7/z/f?? ~ . \ ~ r- "- c-: - <, , .... ).... wr-: - ~) .:) ~t, ~ '-)~( ;:1 '.:'I;::J -.." ~f>~ N " en c" "1:'::: U..lc... l.'i~5 .....I >- o:~::: u ~i.i ::l.. ,_. c::: :5 u. VJ 0 en U COMMoN~LTH OF P1NNSVLVANlA COURT Of COMMON PLlAS NOTICE OF APPEAL FROM JUDICIAL DISTIICT DISTRICT JUSTICE JUDGMENT M"G OISI NO 011 N.f.Ml Of 0 J COMMON PLEAS No. 9t.,. !J5/Y C~..:/L.,.,.. NOTICE OF APPEAL NOlice is given fhot the oppellant has filed in the above Court of Common Pleas an appeal from The judgment rendered by the DISTrtCl Jushc. on Ihe dole and in the case mentioned below. .- -(,P'l~ 6~,:>\lU."'K. (Jq- 1-01 Of IPI.,nr,rt) IIJM.,,"I.nr/ w.Hl (..F "mIlANT To....rJ ~ OATE Of JUOGMENT ClAIMNQ. V~ ~/.E.R.Na? Cl'7"'bCC.......:, /v1n"..,,;t';fl/'lCyS Y;./ft) ':,.t C,-l'lJA.t jY)t:s'JJk')I:..R~. $IGNAIU~f ()f AWfILANI 011 UIS ATlOIlNlY O~ AGfNT 1; ,t.U'fl--'-: (I V -1\11' 19 lh'O C) li>'" ~'i ~ LT 19 This block will be signed ONLY when this nolo lion is required under Po. No. 10086. This Notice of Appeal, when received by the District Justice, will operate os 0 SUPERSEDEAS to Ihe judgmenl for possession in this case. Slgnalufe of PfotrlOnofa,y Of O(JplJly If appellant was CLAIMANT (see Pa RC PJP No. 1001(6) in action before Distflct Justica, he MUST FILE A COMPLAINr within twenty (20) days after filing his NOTICE 01 APPEAL PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section ollorm tobe used ONL Y when appellant was DEFENDANr (see Pa. R.C PJP No 100t(7) in actIOn belore Districl Just/cn IF NOT USED. detach from copy 01 notice 01 appeal to be served upon appellee). PRAECIPE: To Prothonotory Enter rule upon 'OAvE STE12A/EJ? r.hJj[)Ot}'Z.. ji"Jr1J/VTE.IvAJ...I{i~ ,appellee(s), to file a comploinlln ,IllS Clrronl Name 01 appellee(sJ ., r. '..11 J. (Common Pleas No. l.)/" - ..:5..5/" (iU4 ~~ ) within twenty (20) days RULE: ToUA~1? S~'i4j'tR o-.olbooR.. Name of appel/ee(s) - 'l\fo.JCE MAIN \ Gf\). oppelleels). Slflnatum of uppel/,ml or "J~ illlol(n;'~~;~~amll (1) You are notified thaI 0 r.ule is hereby enlered upon you 10 fde 0 complolnt in Ihis appeal within twenty (20) dnys Clflar tho dolo of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file 0 complaint within Ihis tim(:, a JUDGMENT OF NON PROS WIll BE ENTERED AGAINST YOU. (3) The date of service of this rule if service wo'> by moil is rhe dale of moiling. Dote: OJ:. < ,19U- 'i~J~.x;lc~ i1c.?___________ -----:T ~Iil/f! oll'llllll,or'llr,JfY II' {)"/l'llv ,.{ i;"C". AOPC 312.80 , .COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND NOTICE OF JUDGMENT/TRANSCRIPT 09-1-01 PLAINTIFF: NAME and AQORESS 'nAVE STERNER OUTDOOR MAINTENANCE I 99 HARRISON DRIVE NEW CUMBERLAND, PA 17070 L ~ Mag Ott'l. No OJ N~ Hon CHARLES A. CLEMENT, JR. Add,", 1106 CARLISLE ROAD CAMP HILL, PA VS. T.~pl""" (717) 761-4940 17011 DEFENOANT: NAME and AOORESS 'MESSIMER, JOHN & CLAIRE 700 WALTON STREET LEMOYNE, PA 17043 L I JOHN & CLAIRE MESSIMER 700 WALTON STREET LEMOYNE, PA 17043 Docket No.: CV-0000386-96 Date Filed: 8/13/96 *~ THIS IS TO NOTIFY YOU THAT: Judgment: 00 Judgment was entered for: (Name) o Judgment was entered against: (Name) in the amount of $ B6B. 50 o Judgment was entered against Landlordrrenant action in the amount of $ on The amount of rent per month, as established by the District Justice, is $ o Damages will be assessed on: (Date & Time) DEFAULT JUDGMENT PLTF DAVE STERNER OUTDOOR MAINTENAN MESSIMER, JOHN & CLAIRE on: (Date of Judgment) 9/06/96 ._ In 0 (Dato 01 Judgmont) o o o Possession not granted. o Levy is stayed for _ days or 0 generally stayed. o Objection to levy has been filed and hearing will be held: Date: Place: Possession granted. Possession \ilranted iI money judgment is not satisfied by time of eviction. Rent in arrears $ Damages Unjust Detention $ Damages to Property/ Residential Lease: $ Less Amt Due Defendant - $ Amount of Judgment = $ Judgment Costs $ Interest on Judgmont $ AttorntJy Fees $ o This case dismissed wilhout prejudice. TOTAL 798,.5.0 70.00 ..QQ .00 068.50 $ Time: ANY PARTY HAS THE RIGHT TO APPEAL A JUDGMENT INVOLVING A RESIDENTIAL I.EASE AND AFFECTING THE DEI.IVERY OF POSSESSION OF REAL PROPERTY WITHIN 10 DAYS OF THE DA TE OF JUDGMENT BY FlUNG A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COUIlT OF COMMON PI.EAS, CIVIl. DIVISION, ANY PARTY AGGRIEVED BY A JUDGMENT FOR MONEY OR A JUDGMENT INVOLVING.A tlO1l\RESI\lENTIAL LEASE MAY APPEAL WITHIN 30 DAYS OF ENTRY OF THE JUOGME.NT,BY FILING A N~O. T C,E-OF A.PPEA..:L WITH THE PROTHONOTARY/CLERKO~COURTOFCc;OtfPLlLCIVIL~D~~1 . "':',o'. '. 9-6-96 Date ^ Qv. " 'I . \...-.-./'- ' ;" Y.+,-Ql~trict Justice I certify that this is a true annor!~ct copy, ~f the;fel:or{df ("ioproco,ol1!nl).s:~rtll(llil:,9 Ih~IUdgmOrit. ~-b-Yll Date /.1 . '. ,,' L1 \" '. ~ ,\'v ---^t ~,District Justico My commission expires first onday of January, 2002. .... / v~-. SEAL (" '. AOPC315.96 - '.....f....,,,,... , } DAVE STERNER OUTDOOR MAINTENANCE, Pro Se : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff v. : 96-5514 CIVIL TERM JOHN AND CLAIRE MESSIMER, Pro Se : CIVIL ACTION, LAW Defendants In RE: REPLY I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. Lawn service is not at issue in this matter. 5. Admitted. 6. Denied. On or about April 26, 1996, defendant contacted plaintiff, and plaintiff offered to spread tanbark on defendant's flower beds at !.he rate of four (4) to six (6) inches thick. Defendant accepted plaintiffs offer, and scheduled the work for late May, 1996. Several days later, plaintiff and plaintiff's tanbark supplier (Camp Hill Firewood / Camp Hill Forest Products, Inc.) visited defendant's home review the project. Plaintiff and supplier met with defendant. Plaintiff's supplier agreed on the four (4) to six (6) inch thickness, and supplier estimated 25 (twenty five) cubic yards of tanbark would be needed. Plaintiff agreed to perform any edging of flower beds. Plaintiff quoted a price of $1,600 for the complete project. 7. Admitted. 8. Admitted in part, denied in part. On June 27, 1996, plaintiff's supplier delivered 18 yards of tanbark: 16 yards for defendant's job, 2 yards for another job. On June 28, 1996, plaintiff applied the tanbark. Defendants helped apply the tanbark. Prior to beginning the job. defendant's wife toured the grounds with plaintiff's employees, describing what work was to be accomplished, and pointing out numerous seedlings recently planted. . ~ l1'1AJ?; tl3WOlsn'J " " . w ~ ~ , " C'\~ . w . .." " . . 0 CO!; 0 w N ..0 . I Ntl 0 o' X " 0 " 0 . '" r- t.!l C 0 ~ :J 0'0 E Q) <( Ul 0 (f)';f. M U M~ ,"..... "Ou ~u ~~ uo<:: '01-< ~~ .,0 .~Uo.I ~~ :> "O~ <(u 2 Dl:: ..... '" I-< ~ ~..c:: u u '0 0 '" .... 0 '> "0 <( ~ . ... . .~...~ E'E :J 0 ._0.0 .. . >o..llt ::i:..5 ~ -- " .. u '. ~ " . ", ~~ ,.\ \jt: ,~ "\ ~ u ~ z ~ .... z .... ~ ~ Eo< ::> o c.: ~ z gj .E'< Ul ~ ~ o c;; IX) '" '" en >:!IM '"'..;, C') ill;:; - a ~ ~ Q t- - 0 .::r.:- ~ \~ .-' I' "- , - , , ~ ~: I \~ . ,~ o [J" U1 o o o o o .. ru cO o en <.ll o .. .. .:r '" ~ ~ o z 3 I :,;;~o n13~: \~ en ~~I ~ , " 0 .- u en - ' :" w r-- "'- J: ' , t ." u en ~- . . (I ,. \'l 0::: !~ 0 '0 a: u', ,. !!! .,. (Y) . . " J: 0 , 0 c..o . - '" . ^ n <t l.C) , . i w u . ci * z . . . , . ,- * z " .. u ~ ~ ,')-t?Y7;) z = - Z = I- - ffi81 =6 t.:)" ,. en .' \.I.I~ \.1.1 . >-~ o~ -'~ a.. a: :E~ \.1.1 . \.I.IW ....~ ld:i ..... z en '2 z lJ- c:l ::J r. _t- 0 [), Z (5 z ,...: .-wa:",f! .... . u n .... U w....... ~.- :r; 1[.' __ u c' >- \1 .fJ o (., (".j !:: \'), ~.:<;;~ -' o '" c. c. ~ " 01 u Z <I w :> H u. >- \-. u: o u. '" UJ u: '" z ~ :r: x ~, Lfl >- <( 0.. I- Z H <J: E u: o o U I- ~ o cc UJ z u: w I- to w :> <I u Wa: Xw ..." oa:~ ...00 " "' ( ~ o (~ ~ " -- r{ =-- ,; I ~Z... "' ., , " < Z d "' oJ oJ 'l, oJ '" .. Ul '" .. Ul '" ... Ul ".: Ul .. - - to rf'l - rf'l "-' .. 'l, [J'" t'- [J'" o rf'l Ul L.T1 ~ Dave Sterner Outdoor Maintenance 909 Bridge Street New Cumherland. I'A 17070 Telephone 774-3050 Cx:-IJJ j) July 22. 1996 John Messimcr 700 Walton St. Lemoyne, PA 17043 Dear John: I received your cashier's check in the amount of $645.20 today to cover $500 deposit for tanbark and $145.20 for lawn work done on your property during May, Junc and July. You first promised payment on July 12, but called and stated you forgot your bank was closed on week- ends. You said you'd come in to my place of business on July 15to make payment. You did not make contact with me on July 15 & 16 after I repeatedly left messages and your son beeped you on your pager. I expected payment in full in the amount of $1 ,443.70 as per conversation with you and your wife at your home on July 17, 1996. You failed to make payment on July 17, but called to promise payment on July 18. You called again on July 18 and promised, again, to make payment on July 19 by 9 a.m., but later called to say you'd make payment by 4 p.m. You phoned later on July 19 to say the check was ready but your bank was closed and your wi fe was very upset with the bank because the bank would not give you the check which they had already cut. You then promised to make payment by 10 a.m. today. The cashier's check you gave me today is dated July 22. At no time did you indicate there would be anything less than full payment. I find it most difficult to understand why you are withholding payment. You told me and my employees how pleased you and your wife were with the job. Two weeks and five days later, it's a different story: plants being damaged, not enough mulch and repeated damage to a small bush. If there was a problem with the jobs, why didn't your wife tellmc the night I came to your house, July 10, to discuss a returned check (account closed) and she quieted the dogs and did not answer the d~or. If there was a problem with the jobs, why didn't you contactmc prior to July 17 whcn I camc to your home again to discuss the rcturncd chcck? John, brokcn promises, closed checking account, return cd check, purses bcing stolen, not returning calls, refusing to makc full payment. leave mc with no choicc. If payment of $798.50 is not rcccived within ten days of rcccipt of this Ictter. I intend to take legal action. Sincerely. y,' // J'~ 1i:/.ueIZ:j:~a(;' , '1/' v v David A. Stemer Owner COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND NOTICE OF JUDGMENT/TRANSCRIPT · M.g Oil. No 09-1-01 PLAINTIFF: NAMElndAOORi:SS -I 'nAVE STERNER OUTDOOR MAINTENANCE 99 HARRISON DRIVE NEW CUMBERLAND, PA 17070 L ~ VS. OJ Nlme Hon CHARLES A. CLEMENT, JR. """M' 1106 CARLISLE ROAD CAMP HILL, PA ToI.p""" ,7171 761-4940 17011 DEFENDANT: NAME Ind ADOHES9 ~ESSIMER, JOHN & CLAIRE 700 WALTON STREET LEMOYNE, PA 17043 L ~kU-F DAVE STERNER OUTDOOR MAINTENANCE 99 HARRISON DRIVE NEW CUMBERLAND, PA 17070 Docket No.: CV-0000386-96 Date Filed: 8/13/96 .~ THIS IS TO NOTIFY YOU THAT: Judgment: [K] Judgment was entered for: (Name) [!] Judgment was entered against: (Name) in the amount of $ 868.50 D Judgment was entered against LandlordfTenant action in the amount of $ on The amount of rent per month, as established by the District Justice, is $ D Damages will be assessed on: (Date & Time) DEFAt/I.T ,JtlDr.MF.N'I' PT.TF DAVE STERNER OUTDOOR MAINTENAN MESSIMER, JOHN & CLAIRE on: (Date of Judgment) 9/06/96 in a (Date of Judgment) D This case dismissed without prejudice. D o D Possession not granted. D Levy Is stayed for _ days or D generally stayed. D Objection to levy has been filed and hearing will be held: Date: " Place: possession granted. possession !;lranted if money judgment is not satisfied by time of eviction. Rent in arrears $ Damages Unjust Detention $ Damages to property/ Residential Lease: $ Less Amt Due Defendant - $ Amount of Judgment = $ Judgment Costs $ Inlerest on Judgment $ Attorney Fees $ 798.50 70.00 .00 .00 TOTAL $ 868.50 Time: ANY PARTY HAS THE RIGHT TO APPEAL A JUDGMENT INVOLVING A RESIDENTIAL LEASE AND AFFECTING THE DELIVERY OF POSSESSION OF REAL PROPERTY WITHIN 10 DAYS OF THE DATE OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. ANY PARTY AGGRIEVED BY A JUDGMENT FOR MONEY OR A JUDGMENT INVOLVING A NONRESIDENTIAL LEASE MAY APPEAL WITHIN 30 DAYS OF ENTRY OF THE JUDG N BY FILING A NOT CE OF APPEAL WITH THE PROTHONOTARY/CLERK OY)i,COURT OF C~O PL CIVIL 01 9-6-96 Date ~'^^ aX] ~ ' , District Justice I certify that this is a true an or ct copy. f the e r the judgment. 9-6-96 Date ' District Justice My commission expires first AOPC 315-96 ~~:~_'. t' ~~~ ~, \\\~\I\\\\\\\\~ ~~R \\tCt\?'t ,tQU-;.S1lU / j, " --J 1 . y:!~ /~~~LbL C- _'7 ---/1 //. //L n -- 7';;"> / (::;;./ {>[Jt~l...?ff- ~'.' ! \ ""0 , ;? ,._,." \ ...... ''S' ~n // /?d{f12''if_t ,.;,:~.'.,.,.;:_',.......' ~.. .-.~-:: . ,'. . I :.~ " 'I1I~ I '., :- .', -f' .~-;,7ia.;. """"" ...~...._.,_...t . r0:. ......: ",,1 ~ I<t... .JMI'~ Il, ..l'-~ .'. .";,-:1 -IV. ;' ~ '~c, .,M:-ILlt.' ': ,I ~ $2.52 :.J'JL ~ . e ,.3. :'\ ~{j 1A \~'f;:, " 5V_~~~ "'~ 11111111111 rill' ll!J1:u:tr~11 d::h~T rltl r"l;;ftt\ 111111~'1 f1'll'lr ~ ~ . '" a '" ~ E ~ >< ([ "". ~ ~ "aPI' II'J9^9J 91,,1\ UO P9\9IdwO::J SS3't:t00'1 N't:tn13't:t moA iii - - - - ~ "i:lI^-llilS \dl~IiIt! UJnllilt! 6U\ln JO} no}, l\UliI\U, ~ ~ ~ ~~. ~-" " 6@~~~~~~8 ~ .~g _~~~ ...... ~O ~ ~ ~ ~ ~ -; ~ .~ :... S~ ~.~ ~ ,(\ ~ ~ ii."'~~8. ~ ~ . i.:?;OO'" I' ~ ~ 8!~ . ~ - "2 ~H_N8i ~ 1ij~~ :1 Z:JOOI- "i :::i ~ ~ ~.II)- .... r, <tI ~ lI'l a: 0 ... Q,) "'V u _ lI'l - ~ QJ U rY"\'~ ,~ ~ E 0 Q,) Q 'e'IJ Q,) en 0.. .a Q,) <r\ III . x ." is:; J"l-.a:uJa:o ~~ '07 ~OOOf". cD " ('0. ~, ~ ~\~" ~~ ~~ ~'\t ~ .~.~ ~, ,~ ~~. '0. '~ \f\~\ ~ : "'3 ~~"'~ i~~,~~~ I~ I . ~ .8 U> :s ; .!: ~ (. \~ 3 ~ ,~ ~ ~ H - ~ i-g ~ t H ~ ~\n ~tA~ i ;; ..~ '" - ! \ \ H ~ ~~ ~ D ~ ~ ~ t \S { \\j" ~i~ i H 9 ~ ~ ~ ~:i ~ ,,~'& ~ ~ ..i~~ i a~ ~ ~ ~ '" a:<<~~' h ~ ~ s;J S ~iiio' ttli'i ~ \~ K zP.;;H'~~~ ~ ~) \' wu~"- ~~ t.~~'t \ (fl-.. . .. M " ,'0 _ ' 0 - It) -I~ _ '0 c: I '" a. 'iij a\ ex: c '5 Cil ex: .~ Vi '" E o Cl w ~ 'e . ~ ~ e ~ E . ~ " c ~ ~ ~ % ~ ~ '0 > ~ a: .< ~ ~ltz/-~& Bradley T. Doyle 1313 Brandt Avenue New Cumberland, PA 17070 (717) 774-0305 To Whom It May Concern: On Monday July 1, 1996, Shawn Welchans and I delivered mulch to the Messimer's house on Walton Street in New Cumberland. Neither of us had worked on this job originally, but we needed to deliver additional mulch in one area of their garden to finish the job. When we arrived Mr. and Mrs. Messimer were working in their garden. They directed us to spread the mulch in their garden in the left hand corner. As we spread the mulch, they told us that we had done a nice job and they appreciated us making this special trip to deliver the additional mulch. They then asked us to take any remaining mulch and spread it next to their driveway. We did this and asked if there was anything else we could do. They said that was all that needed to be done and once again thanked us for delivering the mulch. They appeared to be happy with our work. Shawn and I left and later were told of what had transpired between Mr. Sterner and the Messimers. Sincerely, 15RCI.:tu:J 7'~~. Bradley T. Doyle -. ~j . . f;~U If CAMP HILL FOREST PRODUCTS, INC. P.O. BOX 4601 CAMP HILL PA 17001-8601 April 12, 1997 Mr. David Sterner srnee & Sterner 909 Bridge Street New CUmberland PA 17070 Dear Dave: The following are my recollections surounding the delivery of 19 cubic yards of mulch to 700 Walton Street in New Cumberland on June 27, 1996. On April 26, 1996 you requested a delivery to 660 Walton Street in New Cumberland. When I had completed the delivery you asked for my assistance in estimating the amount of mulch required for the home accross the street at 700 Walton. While we were in the process of measuring and tallying the various areas to be mulched the homeowner came out and expressed his and his wife's wish that everything be mulched and the winter damaged plant material be pruned. The discussion focused on the area around the house and the area at the end of Walton st which is also part of the address was left for future discussion. We agreed that it would take approximately 25 cubic yards to cover the bed areas in question with 2-3 inches of mulch. The customer was requesting 4-6 inches which I felt was excessive since a good base of mulch already existed in the beds. We discussed the type of material with the customer and I recomended that you use the finer shredded product because of mulch already in the beds and the amount of plant material you would have to work around as opposed to the courser material which cannot be spread as easily. I also suggested as I often do on jobs of this type that I not deliver the full amount at once as it is often hard to estimate jobs of this type. The customer was present during these conversations. It was not until June 26, 1996 that you contacted us to deliver material to this customer's home. At that time you indicated that numerous perennials had arisen in the beds along with weeds and therefore the order for delivery was to be for 18 cubic yards. On July 1, 1996 I delivered 3 cubic yards to 509 Halderman Ave. New Cwnberland with a notation that 2 cubic yards was for that address and 1 cubic yard was to be added to the total for 700 Walton St. (Note: Camp Hill Forest Products, Inc. has a minimum deivery policy of 3 cubic yards. ) r: .... \; ~J' , '.-~ ~~ \', c,. , ,. ,- c. '... , . -.c l.:..) "- * ~ ''-SJ \"- ~ ~'-.. ~~ ---V, -.: '. (j \~J ">- c> tr: ,r:: ~:.. ""'-, llJS~ ::... ~~. c= b:", 0" 6' UJ:':'-- ;:::~ L'_ u..', 1'" D -<::::, ~ ., , ; ~-;; 'I ::~ ~:j ::') ~ '~L~ ,) t.J ~. ~ ,0 N co L'~ C ,-0 Co ~ .~ DAVE STERNER OUTDOOR MAINTENANCE, Plaintiff Vs. JOHN and CLAIRE MESSIMER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 96-5514 CIVIL NOTICE OF ARBITRATION HEARING You are hereby notified that the undersigned arbitrators appointed by the Court in the above captioned matter will meet for the purpose of their appointment on MONDAY, APRIL 14, 1997, at 9:00 a.m. in the 2nd floor hearing room, Old Cumberland County Courthouse, Carlisle, Pennsylvania, at which time and place you may appear and be heard, together with your witnesses and your counsel, if you so desire. to you, please contact the Date: February 25, 1997 COPIES TO: convenient Dave Sterner Dave Sterner Outdoor Maintenance 909 Bridge Street New Cumberland, PA 17070 Pro Se Plaintiff John and Claire Messimer 700 Walton Street Lemoyne, PA 17043 Pro Se Defendants ^ . \ (") '" 0 ~; '" ",1 . :::> ::-) -Cf'~ ~ '~l 2fc-. . -r: zi, ....J ~;n (f..... :J r::,CJ -U :'2" <-::: "t;.ooC ::.c: ~ z' -0 ~ S ~C ~ N ~ .... PROOF OF SEi<ViC~ Or- ~,OTICE OF ;;"'?EP.L MlD RULE TO FilE COMPLAINT i~ OA '(,(~' ;,,r: :r.:. (""d Ii;,.: 'r(;;(,O Gf aiJ;ical Ct,eck 8Pp/icJtJ!e boxes) Ie \):.'1" (This P(~,o! (,f se."JJ<:,' :AL" , COMMONWEALTH OF PENNSYlVANIA COUNTY OF 0.t.:IIj'>~U'I':'J:>______ .______;u AFFIDAVIT: I hereby 5weor or olf,rm tho! I Sf.'/ed 5J 0 copy of the Nollca of ^prL>ol COrnlOl( n Pl1'-I~ "Jo .3~.~?~+j _.__________., upr,n ,ho Dislrict Justlco designaled therein on (date of serVJce)-.2e.~~d<... \\ __ _ 19~J~_, [~b'l I)(;'~or\al ~':r',;w LZ bY~~ (registered) moil, sender's receipt olloched hereto, ond upon the nrpeIlN'. (nameL-:D~__~_~+~__...9_LJ.~~i;..,_.Mf'I'(>I~NfV'ol~ ,on (1')(~ \' , 19 9t,___L~ [)/' per~vf'ol f>crvice ~ by ~(r(;giSlcred) moil. sendor's receipt oMochad hereto, FJ and further that I 5ervcd the Rule to Fill' 0 Cc.r...plo,nt (,(,CUIT'pcJliying lht~ uf)o'",o N01;<:e of Appeal upon the oppellee(~) to whom the Rule was addressod on ~c,~.c."Io.f.L~'~.Jl.._.____., 19 .~~_, 0 by personal sorvice LQ by ~ertjfie~re9Isterod) moil, sender's receipt attached herela. AND SUBSCRIBED BEFORE ME 199~ ~~ SIgnature 01 all/ant T^.1 <;C L TIlle 01 o/tlel.' MICH^EL R. CARA::CI. tiol1r1 Public My commission .xplr.' 01 r:,~~ Hi;: p,'[O, rl1mfliX9l;1U Cuunty My Commission Expires .June 15, 199B .-.- -- ::7- G ~ -.J >- <0 p: ri ((: -.' ", !.:. l!/ r6 (J' IT:: ~ -- 'J ~ "J. ..J 0 C .- U.:' /) eL' -" 0 - - ~ " J 0- .... ... I' r- ~ r::L u ., - '_J PRAECIPE FOR LISTING CASE FOR TRIAL " (Must be typewritten and submitted in duplicate) n '" -...I t_ f; N o ." :;:J li(Q ~.:~ _J:'I : !i"l .:)111 -I ". ~ 'TO THE PIOI'liOl'Ol'ARY OF CUMBERLAND COUNI'Y ~, ~ ll~ ! ~ . -,' . Please list the following case: { (Check one) for JURY trial a t the next tenn of civil ;;curt. 'C. x for trial without a jury. .-, . -::> -------------------------------------~-~- CAPTION OF CASE (entire caption llUst be stated in full) (check one) Civil Action - Law ( X) Appeal from Arbitration Dave Sterner Outdoor Maintenance (other) (Plaintiff) vs. The trial list will be called on B),)97 and John and Claire Messimer Trials commence on (Defendant) Pretrials will be (Briefs are due 5 vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 5514 1996 Civil Indicate the attorney who will try case for the party who files this praecipe: pro se Indicate trial counsel for other parties if known: pro Sf. This case is ready for trial. ~ Signed: ~ Print ~: J}4Vih} &. 'SJe7'tUB7( Date: 7~/h7 , Attorney for: . . ~. ,.. IN THE COURT OF COMVllN PLI':l\:i rlF cu~ml';I![J\N[)-,;-c).'}trrYc._.!'.1'11N:';'{J:J,\:IY, -------. .--.....--- r~ 1'1 I[:!JL'; LSJ.Q~ ~~PE J:'-~! _\'II!IT 01' E<ECtJl'ION -PL Ihl\JTIF;~ Caption: I/,+I/C 57li;:l:'/1/CI( o I./T.t?O(If( /~'~f;tlT2;;V,4'PC[ Confessed Judgment Other vs. Fde No, 9,(" YS'/ t/ Arrount Due 7Yj;' S-'" F"UtS CoSTS , _)0# tv t: CLtI7;;'C #135//!/<:.7( ]/E,ce7t!t:?.-r;v75 Interest Atty's Ccmn Costs TO THE pRCYIHONJI'AR'l OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate or;.ginal proceeding filed pursuant to kt 7 of 1966 as arrended; and for real property pursuant to o'.ct 6 of 1974 as arrended. Issue writ of execution in the above rratter to the Sheriff of C~M,6e-Ru+((/j) County, for debt, interest and costs upon the following described property of the defendant(s) 700 W.A-L-T(JN <5"f' ,rJt.t.. '?ck'ScA/f'rL '?Ko/?-7<:T'/ L-CMl/yN6. /,.4. /70Y-3 I PRAEX:IPE FOR A'lTACIf<lI:W' EXEOJl'lON Issue writ of attachrrent to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) ln the possession, custody or control of the said garnishee(s). (Indicate) lndex this writ agalnst the garnishee(s) as a lis pendens against real estate of the defendant(sl described ln the attached exhibit. DATE: 'fhh7 Slgnature: ;(4:.If~t.ti?' ?:c ln t Narre: '-p /-7 v'E '57ZPr<-t";( ut'/7l?t7{JR/! ""r</i7J7V,,! .'-Caress: 909 . /4/{"JPGr ST AJOI) L~(/n 0t:.'?C Uh('/'// .f9.- /707<.' / ......~ t:)~.:.!y [or: "..",;'-,ur,0:. __71.7- 77</-3(1S-o : I ;: . : ,',] ~ '.' .', ll::' : r' l>I' l. : Notes: If real property, supply six copies of description including improverrents and an original and copy of affidavit of ownership (PaR.e.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. (-, ~ . .0 _l n -" ,. ;:; ,,~J . ',_. -,:11 .:~ '1) ..:' ::.1 . .-" ( (~) i,.-~rn It '-, :'.'.' ::~ ~; ., (;l '<, ~ :- ,.( ... 0{. .. ~ ...~ "', ... L. V v, "\ " Cl 0 c. "- ~ II v , ~. """ DAVE STERNER OUTDOOR MAINTENANCE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. JOHN AND CLAIRE MESSIMER, Defendant. 96-5514 CIVIL TERM PRAECIPE TO ENTER JUDGEMENT lief. TO THE PROTHONOTARY: Plea.e enter judgement by default in favor of the plaintiff, Dave Sterner Outdoor Maintenance, and again.t the defendant, John and Claire Messimer, for the damages awarded in the verdict entered by this Court on the 29th day of, Augu.t, 1997, a. a re.ult of the defendant'. failure to file in a timely motion for po.t-trial re- ~ 7&JB S-O f!-~L- Cclsk By4~ Date /;'h~7 Pro Be . \ ri '" '<'\ sJ S I:l' .. ~ i= \ ?:: I> I "~ c:: t=-: , l~~ ,-, " () ~_:.i ",,- f:: 1.'... f".. , .", C, ,- .. [~) r-. l ~. L::. ...1 . i.~ l -- j , C ,-- -" I , ;-- ...' <5 0' '-) -. R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned SATISFIED. Sheriff's Costs: Docketing Prothonotary Service Surcharge Poundage Advance costs: 150.00 Sheriff's Costs 48.89 $101.] 1 18.00 1. 00 9.92 4.00 15.97 $48.89 Refund to pItff. 12-10-97 ~~: ~~ r -: l-Cr~ R. Thomas Kline, Sheriff Sworn and Subscribed to Before Me By ~~ S/1 It< ep Sheriff I .' , This ..:16 ~ Day of I.JL...J" 1997, A.D.9r" 1:' kh, ',Uf3'7' Prothonotary '9'/": ",' " . ,::'I.'":),...J , ~~ L6, lid tl1 E 0 I AON " ;:;J .:U"l;;:ti:: ~;:I... JI.' '::;';:.:;I.~O @ c:uil c:u=il c::=:J ~ · I a' " U,- 191'1f ia.. (,.0351' .l:J , '" '^ :L . . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO,96-5514 CIVIL~ TERM CIVIL ACTION. LAW TO THE SHERIFF OF Cumberland COUNTY To satisfy the debt, interest and costs due Dave Sterner OUtd=r Maintenance New Cumberland, Pa. 17070 99 Harrison Drive, from John Messimer and Claire Messimer 700 Walton Street. PLAINTIFF(S) Lemoyne. Pa. 17043 DEFENDANT(S) (1) You are directed to levy upon the property ollhe defendant(s) and to sell 700 Wfl !too S tr"et. ...Lanoy.ne.,---Ea. 1704, All personaLl'rDpprty (2) You are also directed to anach the property 01 the defendant(s) not levied upon in the possession of - GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an allachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property ofthe defendant(s) not levied upon an subject to allachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above stated, Amount Due 5798.50 Interest Ally's Comm % Ally Paid Plaintiff Paid 584./5 l.l. Due Prothy Other Costs Sl.00 Date: _l~:k")VpmhPr 7. 1 qq7 ._----LAwrencp F. Welker Prothonotary I Civil Division by: ~~1U- () 11uf{,~ Deputy REQUESTING PARTY: Dave Sterner outdoor Maintenance Name DnVp. ~tprner Address: 909 Bridll" Str"et Me~ r.l~hPrl~nn. Pn. 17070 AIIorney for: Telephone: (717) 774 -3050 Supreme Court 10 No, -rRl'E.... ~tV 1":;;:'0" c;,;;:-C"" <"'t"l . J ., r"J \ l',r., 'h_ J\.}r"J I~ Ta-~)l."~:/)'." 'II" . ~eor, I r.~(H . ,~;:):.:'- r.:'(' I;"r.,j '; -. .' ;:. ,'.' j . -f ," " -I l' t' . ;"'", , .' ~. ~." ../ .f .,:(1 ..;r!~t '" .v.,. ...~J 1,\: .....:1._...".,. f~. il'" II" .' 'I" ..;,_w.______~~- l. ___._.___.. ~..__ othanotIJry t DISTRIBUTION No. 96-5514 Civil No. AttorneY:Dave sterner 19~ Writ 19 - Dave Sterner outdoor Maintenance vs John Messimer and Claire Messimer Real Debt Interest Atty's Comm. Writ Costs, Atty. Writ Costs, Pliff '798.50 84.25 $882.75 Sheriff's Costs: Docketing poundage posting Bills Acutioneer Law Library County Service Satisfy Writ postpone Sale Levy Surcharge Garnishee 18.00 15.97 1. 00 9.92 4.00 48.89 931. 64 150.00 $1081.64 ~?Y?: .//d r ~~<:~..z;<:.f? R. THOMAS KLINE, Sheriff Defendant Paid to Sheriff Advance Costs Total Collected:: DISTRIBUTION PD TO COUNTY PD TO PLTFF. PD TO PLTFF. 1. 00 ADV. PAYMENT 150.00 DISTRIBUTION 882.75 by C' /,dl..-~ ~ /'Y}I t!t eputy Sheriff