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HomeMy WebLinkAbout00-03739 -',~-" ^ LAw OFFICE OF MICHAEL J. HANFT ATTORNEYS & COUNSELLORS AT LAW MICHAEL J. HANFT GREGORY H_ KNIGHT RICHARD L. WEBBER, JR- August 25, 2000 VIA HAND DELIVERY The Honorable George E. Hoffer CUMBERLAND COUNTY COURT OF COMMON PLEAS 1 Courthouse Square Carlisle, P A 17013 RE: Whisenant v. Bruce Mashtare Contracting No. 00-3739 Our File No. 1714.2 Dear Judge Hoffer: I was recently appointed as Chainnan of the arbitration panel with respect of the matter referenced above. When I attempted to schedule an arbitration hearing, I became aware of the fact that the case is not ready for arbitration. I have enclosed a copy of a letter that I received from Kenneth A. Wise, Attorney for the Defendant. The Plaintiff is unrepresented. The procedural history of this case is as follows: 7/3/00 - Complaint filed by Plaintiff 7120100 - Preliminary Objections filed by Defendant 7/28/00 - Petition for AppOintment of Arbitrators filed by Plaintiff; and 8/01100 - Order of Court appointing the arbitration panel. The Preliminary Objections.filed by the Defendant have not been resolved. I assume that the Order of Court appointing the arbitration panel will be vacated, or that you will give us further instruction in this matter 19 BROOKWOOD AVENUE SUITE 106 CARLISLE, PA 17013-9142 717.249.5373 FAX 717.249.0457 WWW.HANFTLAWFIRM.COM - ~ - .- "~L "~ C --_,-_ , .,;;'l'~'- ., - .;,.; - , . _ _<,~" ~ ',,;, ";:;"'"~.""';;. "~'.' "" The Honorable George E. Hoffer August 25, 2000 Page Two I have enclosed the case file, which was forwarded to me by the Prothonotary's Office. Thank you for your attention to this matter. Sincerely, ~~'vJfi-i, Richard L. Webber, Jr. RLW,JR/tew Enclosure cc: Richard M. Morris, Jr., Esquire Kathleen K. Shaulis, Esquire Yvonne A. Whisenant Kenneth A. Wise, Esquire F:\User Folder\Firm Docs\Genltr2000\1 714-2jh.l ,wpd 'J. ,~= ---" - - -~ ~~.~:I KENNETH A. WISE ATTORNEY AT LAW 126 LOCUST STREET P. O. BOX 11489 HARRISBURG, PENNSYLVANIA 17108-1489 C.-.. -y .-.."11I/ (717) 238-3838 TELEFAX (717) 238-3816 August 17, 2000 Richard L. Webber, Jr., Esquire LAW OFFICES OF MICHAEL 1. HANFT 19 Brookwood Avenue Suite 106 Carlisle, PA 17103-9142 Re: Whisenant v. Mashtare Contracting No. 00-3739 Dear Mr. Webber: I have received your notice requesting dates for an arbitration hearing. My understanding of the state of the pleadings is that a complaint was filed to which we filed Preliminary Objections. We were awaiting Plaintiffs decision as to whether or not she wished to voluntarily amend her complaint, when we received your letter. Accordingly, I do not believe that the case is at issue. Would you please review the pleadings and let rne know if you agree? s;w QMuiJ/~ Kenneth A. Wise KAW:cyh cc: Yvonne Whisenant Bruce Mashtare. /l~a.~ o f~, v' ~. 1r;~ ~ 04'J~ () IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 60-)731 CIVIL~ 19 RULE 1312.1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: ,~. , counsel for the~nti~fendant in the above action (or actions), pectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is$ :) 7 3~. 00 The counterclaim of the defendant in the action is The following attomeys are interested [nthe case(s) as counselor are otherwise disqualified to sit as arbitrators: J(~q. Idua.t, WHEREFORE, your petitioner prays your Honorable Courlto appoint three (3) arbitrators to whom the case shall be submitted. :.';;. Respec.tfirl1Y subrnitte~, II.. ~ A. ;;.. L .. ~. . a /!JU{}JIflUI/!0L ," ORDER OF COUR AND NOW, ~..~ / . ,19"~nconsiderationOfthe ( r fOregOingpetiti~ ~ Esq., ~/~-t4lt ~J Esq., and I ~./J h..d/ ,Esq., are appointed arbitr~tors in the above captioned action (or actions) as prayed for. P.I. ".. ~ r-' u-,2':o--;' \t. .~. ();: " /'" ~~,. ~" ~, , -0- RLED-DfFICE OF THE PROTHONOTARY 00 AUG -9 AM 8: 42 CUM8ERLAND CQUNn' PENNSYLVANIA ("') '- (.:; ~~. ro" "-, c-.J ?:.: 7~ ::J~<(' ,r')_~ ".4 L):'2; :",:-1:::.1 ...- .~;~~ :T;-Z:' ,~.uJ .,~-\o- :5- "'-, 6 -"." .-"\ CJ b ~ -..;",) (=I.. (il 3 vj ...... t>,. ., '-. /..... ...... \J'- ()'- 1a eY.. /Z ,_ "~~'"~. _T'~_l~~!~II!"\t""\f"ffilW\Of)j",~[,~~r,~\-lN~'$'ml'''l''1iWi~'I;IH''~~!!'!I'::H<"J!'tT'W~;'WOl"ffi'~,,,,'<;I,, 0' ~~~ _.1III!llf ,-,'-""',, -..,.,,- PLAINTIFF: Whisenant, Yvonne A 1820 Chatham Drive Camp Hill, PA 17011 No. 00-3739 CIVIL TERM VS. DEFENDANT: Mashtare Contracting and Supplies 4730 Spring Raod SherrnansDale, P A 17090 COMPLAINT The purpose of this complaint is to advise the court of the facts, conditions and concerns regarding the damage to my property at 1820 Chatham Drive, Camp Hill, Pennsylvania, caused by Mashlare Contracting & Supplies, and Sun Park construction. Also, to request that the court hold responsible Mr. Bruce Mashlare of Mashtare Contracting & Supplies, and Mr. Sun Park of Sun Park Construclion for the damages at my property, and to make equitable restitution. In August 1998, I purchased PERGO flooring materials from Carpet Marl, Mechanicsburg, Pennsylvania, for $3300.00, and sought qualified contractors to install the floor. I initially contacted Sun Park Construction but was advised by Mr. Sun Park that he was not familiar with PERGO flooring; however,a colleague, Mr. Bruce Mashtare was expert at flooring installations, including PERGO flooring. During preliminary conversations with Mr. Mashtare and Mr. Park, I advised that my heating system consisted of radiant heat in lhe floor, and lhat no drilling could be done into the floor. Also 1 advised that I purchased PERGO flooring because it was the best solution for homes with radiant heat systems because PERGO floors are "free floating," and floor partitions are glued together which avoids the use of nails. Mr. Mashtare and Mr. Park advised that they understood the configurations of this undergronnd (radiant) heating system, and the conditions for inslalling PERGO flooring. Additionally, Mr. Mashtare advised thai he was expert in laying PERGO flooring, and gave verbal references of other locations where he installed PERGO flooring, including Pennsysvania State Ofices. Subsequently, I contracted with Mr. Mashtare of Mashtare Contracting & Supplies, to install flooring for $1600.00, and paid a deposit of $700.00 by check number 2189 on 15 September 1998; as indicated on the contract (invoice), the balance of $900.00 was due upon completion of the floor installation. Mr. Mashtare advised that he was the general contractor, and that Mr. Park would be assisting him with the floor installation as a sub contractor. Mr. Bruce Mashtare and Mr. Sun Park began the floor installation on Tuesday, 15 September 1998 advising that installation would be complete within 3 to 4 days. I had a few occasions to witness work being performed, and each time Mr. Mashtare was giving verbal instruclion to Mr. Park who was aClually performing the installalion. However, Thursday and Friday of that week, I had to travel to Lehigh University, and I arranged for my mother, Catherine Bunjevac, to stay al my house, observe the work, and accommodate Mr. Mashtare andMr. Park if necessary. When I returned from Lehigh University, my mother advised that from her observations, Mr. Park performed most of the work, while Mr. Mashtare provided instruction, and that Mr. Mashtare was frequently absenl for several hours. On Saturday, 19 September 1998, at approximately 3:30 p.m., I was in my back yard when I heard screams for help. 1 immediately rushed to the house and found Mr. Park crouched in the corner by the front door. I assumed Mr. Park was injured until he removed his hand from the floor, and a geyser of black water shot from the floor, hitting the ceiling, and simultaneously ran across the new flooring. Momentarily, I was in shock, then frantically told Mr. Park that he had drilled into the heating pipes under the floor, and I kept repealing, "Why did you drill into the floor?" I ran for towels and mop while Mr. Park kept pressure on the hole in the floor. Mr. Park asked me 10 turn off the water, but I couldn't locate the shut off valve. I asked Mr. Parks the whereabouts of Mr. Mashtare, and Mr. Park ""-'-"'. ,-", r"~".,", ,~-, ~, ,--" advised that Mr. Mashtare had gone to get supplies. However, the floor was complete and Mr. Park was simply finishing the trim around the tile at the front door: I could not nndersland why Mr. Mashtare was getting supplies. I immediately called Mr. Mashtare's cell phone, and asked him to return to the house because there was a problem. When Mr. Mashtare arrived, I was phoning Leggett Plumbing, and um to gain assistance. Mr. Mashtare found the shut off valve and turned off the water. We all began cleaning up the mess, and I explained the severity of the situation. I also told Mr. Mashtare that he should have been supervising lhe work since Mr. Park was nol the experl in PERGO floor installations. Mr. Mashtare attempted to contact his plumber. Subsequently, Sunday, 20 September 1998, Mr. Mashtare broughl his plumber, an employee of Hamilton's Heating 10 assess the damage. Mr. Sun Park had sent his son, Don Park, to witness the inspection. The employee of Hamilton Heating advised against trying to patch the pipe because lhere was 100 much risk in localing lhe damage; also, furlher exposure or disruption could cause major flooding and extensive damage. Hamiliton advised lhat the best solution was to inslall baseboard heat using the existing furnace. Even though I requested a cost estimate, I never received a written cosl estimte from Hamilton Heating. Mr. Don Park advised that he would be representing his father's (Sun Park) interest from this date forward, and that all negotiations regarding Sun Park should be transacted through him (Don Park). I spent the next several days lalking to neighbors, and PlumbinglHeating contractors (Hamiliton, Leggett, McClure, Secco, Leffler, Frilz, and Zimmerman) to gain advice and cost estimates for damage repair. Leggett, McClure and Zimmerman visited my home and inspected the damage. Each contractor advised against patching the pipe (s) to avoid further damage, and risk of gas explosion. Only David F. McClure & Co. advised that they would attempt to patch the damage, but would not guarantee workmanship; nor would they ensure that there would be no further damage to the heating system. In subsequent conversations, Mr. Sun Park admitted that both he and Mr. Mashtare had drilled into the floor in several locations. Mr. Don Park arranged for Greg Pearson, HV AC, and subcontractor for Park Custom Homes, Inc. to inspect the damage. The following contractors provided written cost estimates: David F. McClure & Company; Leggett, and Greg Pearson: During further research, I discovered that the Highland Park development, where my property is located, was eSlablished in the 1950's to accommodate military personnel assigned to the New Cumberland Army Base. Frequently, novice telephone and utility technicians would drill and damage the underground heating systems in those homes. Even though the homes were only 2 or 3 years old at the time, the telephone or Ulility company would inslall base board heat to avoid future liability. Eventually, the telephone company trained a few technicians with regards to the underground (radiant) heating systems, and only trained telephone technicians were dispatched to perform telephone work in Highland Park. Mr. Bruce Mashtare and Mr. Don Park advised that they had contacled their insurance companies. Mr. Bill Farmer, agenl for Bruce Mashtare's insurance company, requesled that I fax to him a copy ofMr. Mashtare's contract/invoice dated 15 September 1998. I also contacted my insurance company, Erie Insurance, just to advise them of the damage. An agent from Erie Insurance, Mr. Rob Edwards, visited my home, but I asked him to leave my home, and reported his unprofessional behavior to Ms. Christy Wevadau at Erie's home office. Subsequently, Mr. Don Park advised that Mr. Bruce Mashtare had dismissed himself from any responsibility or liability regarding the damage 10 my home. Mr. Park advised that his insurance would file a grievance to Mr. Mashtare's insurance company. Mr. Don Park insisted that I use the services of their sub contractor, Greg Pearson, since they were going to pay for the damage to the heating system and install base board heat using my existing boiler. Mr. Park advised thai Mr. Pearson was an expert on baseboard heating systems, and that he quoted a reasonable price. Mr. Park agreed to pay for the cost to install the baseboard heating to the first floor costing $4100.00. I agreed to allow Greg Pearson to inslall the base board heating system; and I also agreed to pay $1700.00 for installation of baseboard heat to the second floor which would be more economical than to wait for future inslallation. Additionally, I agreed to pay the balance of $900.00 for the floor inslallation to Mr. Don Park. Mr. Don Park prepared the Proposal and Contract, dated 1 October 1998 under the name, Park Custom Homes, a Pennsylvania Corporation and general contractor. I provided check number 2189, dated 2 October 1998 for $2600.00. Previously, I provided check number 2188, dated 27 Seplember 1998 for $110.00 for Mr. Park to inslall carpel on lhe staircase. Mr. Park requested that I not queslion Mr. Pearson's work, and that I deal directly with him (Mr. Don Park). I told Mr. Park that I wanted separate controllers on each the first and second floor so I could 2 , -~~ ,-' '~~ . . control the heat separately on lhe firsl and second floors. I also negotiated verbally with Mr. Don Park 10 repair the residual damage to the living room wall caused by the waler explosion, and finish the trim work. Mr. Greg Pearson installed the baseboard heating system from 5107 October 1998. Mr. Park agreed to make final inspection, finisb !he flooring trim work, repair living room wall, and any olher residual repair associated with !he flooring and heating installation. After the installation of the new heating system, my house remained cold and Mr. Pearson had to install additional baseboard; however, heating output was still uol at the desired, engineered level. Mr. Pearson advised that my boiler could not handle the new healing system, and could eventually break down under pressure. Mr. Pearson advised that I would need a new boiler, and subsequently Mr. Pearson installed a new boiler for $2700. This was disturbing because I had recently speut several hundred dollars 10 install a new coupler system on my existing boiler, and UGI techniciaus verified that lhe heating system was in good condition. Further, Mr. Park did not repair the damaged living room wall, nor did he finish the flooring trim work; my new contractor, Mr. John Lobb, estimated this repair cost at $300.00. The heating system installed by Mr. Pearson is deficienl in lhat I did not receive two separate controllers to control the first floor and second floor heat. Currently, the upstairs gets very hot, while the downstairs stays cold. The vents over the baseboard don't work properly. Two impartial contractors have advised lhat!he inslallation was "sloppy." While installing the new heating system, Mr. Pearson or his worker, broke the knob on my washing machine, and it is stuck on cold water wash. I waited for the Insurance Companies to make final determinations on lhis case. As of 7 April 2000, Mr. Mashtare bad not assumed any responsibility or liability for this damage, and Mr. Sun Park had been unsuccessful in gainiug compensation from Mr. Mashlare. David Witmer, Erie Insurance representative, agreed that I should file the Civil Complaint to receive fair compensation for the boiler and residual costs associated with the damage. Therefore, I filed a civil complaint on 7 April 2000 with District Magistrate, Charles A. Clement, Jr, 09-1-01, for a cost of $73.00 paid by check number 2390. CV-0000204-00 was filed on 13 April 2000. I received a Notice ofInlent to Defend, and a Civil Action Hearing took place on 24 May 2000 at District Magistrate Office 09-1-01. All parties provided their testimony. I was so disgusted at the denial and deceit from defendants, that I wrote a letter, dated 25 May 2000, to the District Magistrate providing additional information. I will enter this letter and other substantiating documents as evidence at the next proceedings. On 25 May 2000, the District Magistrate, 09-1-01 rendered a judgement for the Plaintiff, Yvonne Whisenant (mysell) for $2,223.00. On 22 June 2000, I received !he Notice of Appeal. In closing I would like to say lhat I feel Mr. Sun Park and Mr. Don Park took responsibility in the fact that they provided the new heating syslem to the first floor. I feel thai Mashtare Contracting should pay for the new boiler and the residual repairs. In any event, I should be compensated for !he new boiler, and residual repair costs; additionally, the heating system should be fixed so heat flow can be separately adjusted on the first and second floors, and the washing machine should be repaired. In addition to the judgement assessment of $2,223.00, I request $ 2,723.00 ($27.23 x 100 hours) for time and expense for research, legal processing, postal, and emotional distress. vonne A. W~iS~ Y 1:3 0/ ifevO 1820 Chatham Drive Camp Hill, Pa. 17011 (H) 737 -7385 (W) 605-5152 3 ",o;;!j'~lilrk.J;ilO!l:ll>l<l:8~'J- =. '><<l_.~,,,_~~~_!!ij!~ ......- \ Q g .~..~ C-~ -oC~! ;;; {"\.'lll' Z-.~' Ze. en..':-;", -'- ,~.-: iL.C) ~8 J"C ~ \ v) .~ .. ."",. Iii ':! :1 I :"1 I .1 I I I \1 i.1 :1 i ; ~ 'I :1 lj II \1 Q1 -r~ -0 - -;..,. ~('t~) ~~ ~ ..<: N .- ('0 0::> c:\~ ~. "",~~ ~~ ~ ilW-' , ~ - riJ. T' - U~ ~''<!IP'~' , YVONNE A. WIDSENANT, COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PA Plaintiff : NO. 00 - 3739 v. CIVIL TERM BRUCE MASHTARE CONTRACTING AND SUPPLIES, Defendant PRELIMINARY OBJECTIONS OF DEFENDANT MASHTARE CONTRACTING AND SUPPLIES AND NOW, comes Defendant Mashtare Contracting and Supplies by its undersigned counsel and represents as follows: COUNT I - MOTION TO STRIKE 1. Plaintiff appears to be alleging damages based on breach of a contract to install flooring. 2. The Complaint (page 1, Paragraph 3) indicates a contract. 3. Plaintiff fails to attach a copy of the contract. 4. The Pennsylvania Rules of Civil Procedure require that the pleading state specifically whether a claim or defense is based on a writing, and if so, to attach a copy of that writing or state a reason why that writing is not attached. PaRC.P. Rule 1019(h). WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed for failure to conform to Rule of Court pursuant to Pa.R.C.P. 1028(2). . ~- ~ ~ ~~"~,~ "~ ~ ._',LL= ~ "_ ~"'~ <1ltIllm<i:~~M<.' <" , COUNTll-MOTIONTOSTIDKE 5. Plaintiff's Complaint consists ofa three (3) page single spaced ten point typewritten Complaint which rambles and does not have numbered paragraphs. 6. Pa.R.C.P. Rule 1019 (a) requires that material facts be stated in a concise and summary form. 7. Pa.R.C.P. Rule 1022 requires that every pleading be divided into paragraphs numbered consecutively containing in as far as practicable only one material allegation. 8. For the reasons set forth above, Plaintiff's Complaint fails to conform to Rule of Court. WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be stricken off and dismissed. COUNT m - MOTION TO STRIKE 9. Plilintitfhas not verified the Complaint as required by Pa.R.c.p. Rule 1024. WHEREFORE, Plaintiff respectfully requests that the Complaint be stricken off and dismissed pursuant to Pa.R.C.P. Rule 1028(a)(2). COUNT IV - DEMURRER 10. Plaintiff's Complaint, although verbose and rambling, appears to make a claim that Defendant, through a subcontractor, damaged a radiant heating system installed in the floor of her home while the subcontractor was in the process of installing Pergo flooring. 2 ?,___O_ "11 -. 11.i!l~ ..: , ~..:.-,". -~ !1IllIi'!!.'_'''''''''''';r'''. " 11. Plaintiff claims as a result of the subcontractor striking a heating pipe, and because of the age of the inground system, she had to install radiant heat in the room serving the damaged pipe. 12. Plaintiff further alleges that, in the process of having the subcontractor install a heating system in the one room, she asked that he also install heat to an additional room on the second floor. 13. As a result of installing the "new heating system," Plaintiff was advised that the boiler, which UGI technicians verified to be in good working conditions, needed to be replaced at a cost of$2700.00. 14. Plaintiff is claiming as a result of the damage to the underground radiant heating system, Defendant is responsible for a new furnace to replace a furnace that was in good operating condition. 15. There is not a sufficient legal causal nexus between the damage claimed to be done and the claim for damages. ~. ( Date: ;t( J ;J/y tc WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed. L Res~c lly, .:!Jr 'kenneth A. Id. No. 16142 126 Locust Street Harrisburg, PA 17108-1489 (717) 238-3838 Attorney for Defendant Broce Mashtare Contracting and Supplies 3 L I ~k~.",~ 'UJi,~'W!lMl~"t;"""'"''''' , . . ,~ CERTIFICATION I hereby certify that I am this day serving a true and correct copy of the attached Preliminary Objections Of Defendant Mashtare Contracting And Supplies on the following individual by First Class U.S. Mail addressed as follows: Yvorme A. Whisenant 1820 Chatham Drive Camp Hill, P A 17011 I Date: I tj . TJ Ir tJ(; . /' /' ~/,I ./ . / '" j;:;~4 ;p;Y;// ~ Kenneth A. Wise;~ Esquire ill No. 16142 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 238-3838 Attorney for Defendant Brnce Mashtare Contracting and Supplies rl.~.~:~"...~il~t~~.j~_J.~.~j..~);I~.l~\\lIJl!lf!!lll!!!ll4il.~~~~~.~_.~JI\...~,:~)"llWa;,'T~"l!~"")j NOTICE OF APPEAL COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS FROM JUDI,CIAL DISTRICT DISTRICT JUSTICE JODGMENT, .4 /i/' "J ,.?(; /: -, '7 COMMON PLEAS No. UL) - ..:) tZ.:; j ',~,4..1J-(Y NOTICE OF APPEAL Notice is given that the appellant has filed in the abave Court of Common Pleas an appeal from the judgment rendered by the District Justice on the dale and in the CaS<! mentioned below. (; EJ:J1;;;:~a"f fSU ,e,5 ~ j wc~ 5J..~rlrJa /'IS /}q I@ /7c-'fO I) (Defendant) VI?II/1f1" rr vs. as "'r~. (,u,f"",rl,h "s:. SIGNATURE OF APPELlANT OR HIS ATTORNeY OR AGENT 4~j: le' CV 12 OOOO:J..O~-tJtJ LT 19 ' C', This block wilt b~~gn~ONLY vihe~this notation is. required, under Po. R.CP.JP. No. . 10088." . '~.'. . ," . 'fIlis Notice6fAppeal. when receiyed by the District Jus~ce. will operale as a SUPERSEDEAS ta the judgment for possession in this cq.e: .' $""" a.r Signature of Prothonotary or Deputy 'u If appellant''l/as CLAIMANT (seePri. R.C.P.J.P. No. 1001 (6)in action before DistrictJt.JStice,.he MUST FILE A COMPLAINT withirftwefltyJ20J.days after filing his NOTICE of APPEAL. , ,PRAECIPETOENTER RULE TO FILE COMPLAINt ANDRULEI!O~~ .~/ ~ (This section of foon to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001 (7) i1i'~~$ DiStq,ctJlJstice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). ~ .,! ,,~;,r':- ,~~ ~:'" ", PRAECIPE: To Pro~ta?l . ';:1<" 'if Enter rule.upon vlJ.lse Y!t:< I'll y;,()/1ne Jl . app"'lee(.I~:-t.J~~~~~i~i~ appeal (Common Pleas No. -#" 00- 3'131 ~yot"7::~~twentY(20)daySafler '. ';'""'" c RULE: To JJi'Sf>na,/1.-l ~(7tlhe ,A ~"~~o/,8p{ieI/fJefs);.. Signature of appellant or his attorney Of agent ~ , appellee(s). .. , 'iwiihin this time,;a JUDGMENT OF NON PROS WILL .BE ENTERED AGAINST YOU. , ~ 'd, '~'i,-', '1.-- - "'""',.. -"'""'"Y.i ~ ,.,~ {tm, UJ{~;_ ,'. , , .'::" AOPC 312-84 C.OURT FILE '.",I'N,"iJi,',\:></,iJ-",,"_...,;.-.,e"'.Mfuo"');,',":l;h"''''''''-- .'""",'"'="-,:.;.....,."'.,.,_,,-j;,"""'.;-"~,., .~...._w,_."""""'".,;,~~"",...'~<"'_k ~,' -. ~":,,",.;,,,,~~", '~'~.',~ ~,;. '_ - "~~;.,, .__~. _'e ,. ---~ -~ .""",-~IIIri<.~~-->--o',~.,."-.+-,,,~,''''~''':~i';J:'~-h,~l:tj:Oi" ~'''','~~1t'''t'''.:\~~-~~~:," #i'ij!i; ,f ~."~: -Ill( ,~'~W _ <f-1~V~:;;lIlltfJ ~--1)L..~"~~,;,,.'..::".','i\;jI~~; ',":_' T.~, '1 _'" '~~, '-:- ,~,~, ~""i:1[.'; ::-- - {,O, <.1,: J.r' ..,~> PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FilE COMPLAINT (This prool of service MUST BE FiLED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check epplicable boxes) COMMONWEALTH OF PENN.' YLVANIA J. COlJNTYOF Cr.c,,u.b,erlll.h"-- ;.. AFFIDAVIT: I hereby swear or affirm that I served'" , B a copy of the Notice of." ;;lal, Common Pleas No, ~ 7 .3 r ,upon the District Justice designated therein on (date of service; _,' .. .~ , .tS by personal serv' e 0 by (cerr ied) (registered) mail, sender's receJPt jlttached hereto, a d .!ll1on the appellee, (name) t...."... h p.... , on ~/1.7 ,~ ~ 0 by personal service !&by (certified) (registered) mail, sender's receipt attached hereto, lISLand fUrlherthat I served the Rule 10 Filea Complaint accompanying the above Notice of Appeal upon the appeilee(s) to whom the Rule was addressed on t, J. 7 , 4(!"I)t), 0 by personal serviceb'n.bY (certitied) (registered) mail, sender's receipt attached herelo. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS -2Z,~'>7---:- PAYOr'.. JILf'\.P , ,~ ~",,/"~'h ^'-';...-':~.~.- '.."-;....'.c~ "", -,. ~ .liP. "", '~", ~ ,'>___,.~.-=-:'~~ --~~~:~,1..."" SignatljJ'6 --; ~, - .c;::;< -, ,- '" ~~~~jkp Signature of affiant . 19---.-- . " , I 5;1. ,""' ::t::n t"f)'....t., ~~&i :I ~.~ ~ ' . ~ ~. .~ . C) . . < , ,~ ..~-' .~. - -.:_"'ow~, ~ ~.- ,"""~",,,...~ "'''--,~-, ,,"," ".. -" ~~ ~. ;:Ii l'- c:J .-'1 m l'- Certified Fee l'- ru c:J t:l t:l t:l ..D d Return RecelplFee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees <:I 1::1 r:;l l"- 1fOO-3/3f cu;& NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 'wHISENANT, YVONNE A I 1820 CHATHAM DRIVE CAMP HILL, PA 17011 L ~ VS. DEFENDANT: NAME and ADDRESS !PARK, SUN, ET AL. 1605 YORK HAVEN RD YORK HAVEN, PA 17370 L ~..,-,~.... ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Cis!. No,: 09-1-01 OJ Name: Hon. CHARLE,S A. CLEMENT, JR. Add",", 1106 CARLISLE ROAD CAMP HILL, PA Teleph"" (717) 761-4940 17011 MASHTARE CONTRACTING &: SUPPLIES 4730 SPRING ROAD SHERMANS DALE, PA 17090. THIS IS TO NOTIFY YOU THAT: Judgment: [!] Judgment was entered for: .-,' _l! Ifj;;;,;, I ~ Docket No,: CV- 0000204 - 00 Date Filed: 4/13/00 FOR PT.ATN'I'TFF (Name) WR'Tl'lRNl!.N'I'. vvn1\T1\TR l!. [!] Judgment was entered against: (Name) MMIHTARR C'nN'l'RAC'TTNG & grrpPT.TRg in the amount of $ '-, '-'-::I 00 on: D Defendants are jointly and severally liable. D Damages will be assessed on: D This case dismissed without prejudice, D Amount of Judgment Subject to AttachmenVAct 5 of 1996 $ D Levy is stayed for days or D generally stayed. D Objection to levy has been filed and hearing will be held: (Date of Judgment) "/,-"/00 (Date & Time) Amount of Judgment $ 2.150.00 Judgment Costs $ 73.00 Interest on Judgment $ .00 Attorney Fees $- .00 Total $ 2.223.00 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ Date: Place: ." Time: , \ . ,. ~.. ^ ... .,,' '~: , , .." ',. ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE EN'Jj:!y,OF'Jl,IDGMENT BY F~NG A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMbN PLEAS, CIVil DIVISIl;lN. YOU MUST INClUDE,~. COPy OF THIS N TI~E OF JUD,.' GMENTc-A~U:T FO~M_^. .' .' OTI~E OF APPEAL. 5/25/00 Date 'n~ Q , I.'~:x, I certify that this is a true and correct copy of the record of the proceedings co Date - My commission expires first Monday of January, AOPC 315.99 . District Justice 2002 SEAL ll!.NIil ~.'"ii'irU liili l~. ~MiM,%i_'ii$,J!il';::Allliif~i:~ll'1'I<l~'f""-"",,,,?ri.<!H~""il1"Mi&WI''''Hii&lll.f<!'W ",u' ~ j % -S::::::~ ~ ~ Q...J :0 CJ; ~ r 8 ~ ~ "-" -1.1lil .:.............1Ol ~,!...~'" "" ~~ (') c:: "b:?::: ("fiC,", -='l;--, :J::.?:-:/ c-{ - ff!,~~:: :5:c., ~c) :;::: ..r2: :::J , Jill ~ . ~ (::) '~j -.-'J .fl - ~,.Q '1),",-: ,;---., ....., -"..- -,. '''',,'':' '.,/,i:;-) , (5::/7' fi)~?- ~ _u -.::.. c. .~- " ::::> fJ:> . - - '" ~:';j COMMONWEALTH Of PENNSYLVANIA COURT Of COMMON PLEAS NOTICE OF APPEAL 1 \ '_.' I fROM y JUDICIAL PISTRICT DISTRICT JUSTICE JUDGMENT COM_PLEASN#: 00- '?::J739 CWiP NOTICE OF APPEAL \, ,~ ,,,. ':: .~ , Notice is giwn 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 cmd in the case mentioned below. DlSt NQ OR NAME OF D.J. tPl ZI'CODE CV 1~ (//J Ot).;1..Oij - CJO LT 19 This black will be signed ONLY when this notation is required under Po. R.c.P J.P. No. 10088- This Notice of Appeal, when received by the District Justice. will operate as a SUPERSEDEAS 10 the judgment for possession in this case. d'"'J CM 1,.... ~ S"'..... f...r /, Signature of Prothonotary or Deputy I appel/ant was CLAIMANT (see Pa..R.C.P.J.P. No. 1001 (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 tonnto 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 seNed upon appellee). PRAECIPE: To Prothonota'l. Enter rule upon hlJ..f.~eVfa Jot. I; Y;Oil ne II . appellee(s), to file a complaint in this appeal Name of appellee(s) _ (Common Pleas No. -#'00 - 3'13 j ~'2 ) within twenty (20) days after service of rule or suffer en judgment of non pro~ RULEI To JJJ'ff>n&{",f 'X;unne A Name of ~Ioe(s) . appellee(s). (1) You are notified that a rule is hereby entered upon you 10 file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL 8E ENTERED AGAINST YOU. (3) The date of servic.' ~.. ~. -'" -., m" U'."OJ 1J ~ ~ b ~ ~ I~ ,,.,:djoo 'J..l1 A \ _~ J_ AOPC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY 'c':i:~~'~_~:M.lillllllllJll!!~ili!i:~i:~i/1~1illt<li~"'~lililIii.!lOil.t!i_'"' '::if ,< , "1 W , ."1 Y - 11 --- , ',.-' ~t' 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 appeaf, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY Of ; $S AffiDAVIT: I hereby swear or aWrm that I served o a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date ot service) 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on , 19_ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. o and further that 1 served the Rule 10 File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , 19~ 0 by personal service by (certified) (registered) mail. sender's receipt allached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ,1!L_ Signature of affiant Signature of official before whom affidavit was mede Title of official My commission expires on ,19-- (') 0 () C C~ -"1"1 s: , -0- U"1 S -, mrn "l"""11 2::0 ,~ ,-,::;:"'- 2~~~ '~:st~ (fJ)> u:; ~-7 ~~i(:, ;<C~i "0 ~~ >::J ~. Z~ ::~,C) ;;;;0 {".) C5rn C z ~:::> s;! ::! (,) ::0 -< - ':, ,.-~,,' -",. "",, , ~ ~ YVONNE WHISENANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 00-3739 CIVIL V. BRUCE MASHTARE CONTRACTING and SUPPLIES IN RE: ARBITRATION ORDER OF COURT AND NOW, August 25,2000, the Court having been informed that the case is not ready for arbitration, the Board of Arbitrators previously appointed is vacated. By the Court, P.J. Richard L. Webber, Jr., Esquire 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 ~ L~ ~<oOO ~ Court Administrator , ,~, ",".. ~ "~.,,, ~~.' ""t:-"' ". " - ~~ !',U!..;J~i=:::;': U~:', ;~)TARY 00 I!\UG 28 PJ, jD: t~-8 CUI'I1Bl::hiJ}iD CCUI\]\Y PENNSYLVANiA ,!"lI!l ,_ 't'.-.-;--,,>- ~ .""~"" . ',.,"g . - - ". ~. ~, "' ," s~~>,_,~~W~~~;1I:l1~~@~~ -,- ~,...,1!!fn L- -,'" III\I!ll!Il!l!