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HomeMy WebLinkAbout02-5698COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS SUUI¢IAL DISTR~¢T NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. O~ ~ ~ ~y NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the dote and in the case mentioned below. Mary ..il0ex ~'aylor 09-1-01 201 11th treet ew ,iumberlr'nd ~,~ 17070 1 ,t7/0~ CV LT This block will be signed ONLY when this notation is required under Pa. R.CJ~.JJ~. Na- 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case ~ ~'f~. ~ !f~ff~ e r s on/" I ~mthony . agaro ~ i,iary Eileen _aylor If ~ll~t ~ CLAIMANT (s~ ~. R.C.P.J.P. No. 1~1 ( 6 ) in acti~ ~f~e District J~tice, he MUST FILE A COMPLAINT within twenty (20) da~ after filing his NOTICE of A~EAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before D/strict Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon P:r. ~3andman/~nthony . ] [~,~ar O , appellee(s), to file a complaint in this appeal RULE: To :r. i;andman/~nthony Magaro , appdlee(s). (1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upo~ 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 BE ENTERED AGAINST YOU. (3) The date of service of this rule If service was by mail is the date of mailing. L/ AOPC312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE CO~',~PLAtNT (Tbs p~sof of, c'vic~ t~fU~iT BE FlED ~/~'~ t, ~ -" " COM~IONWEALTH OF PENNSYLVANIA COUNTY OF ; SS AFFIDAVIT: I hereby swear or afl<tm that I served ~) a c.p of the ehce d Apk'ea "' ~late o~ service) by ce, (.d, .g~x~ n,a,I ~erders [3 by persona service [] by (certfled (reg stemd} rta senders recept attac ,ed he'do ~ and further that I served the Rue to ~a~, senders receipt attached hereto, THIS DAY OF COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-1-01 CHARLES A. CLEMENT, JR. 400 BRIDGE STREET OLDE TOW'NE COMMONS -SUITE 3 NEW CUMBERLAND, PA T.,ephone (717) 774 '5989 17070 MARy EILEEN TAYLOR 201 llTH STREET NEW CUMBERLAND, PA 17070 THIs IS TO NOTIFY YOU THAT: Judgment: ] Judgment was entered for: CIVIL CASE PLAINTIFF: NAME and ADDRESS I-MR SANDMAN/ANTHONY F. MAGARO 3117 CHESTI~uT STREET CAMP HILL, PA 17011 VS. DEFENDANT: NAME and ADDRESS F-TAYLOR, MARY EILEEN 201 llTH STREET NEW CUMBERLAND, PA 17070 NOTICE OF JUDGMENT/TRANSCRIPT Docket No.: CV- 0000360-02 I Date Filed: 7/03/02 ~ FOR PT,ATNTIFF (Name) ]Judgment was entered against: (Name) in the amount of $ 1..~q~ Oh on: ~--~ Defendants are jointly and severalJy liable. ~ Damages will be assessed on: U--]This case dismissed without prejudice. Q Amount of Judgment Subject to Attachment/Act 5 of 1996 $_ [] Levy is stayed for days or ~ generally stayed. [~ Objection to levy has been filed and hearing will be held: · A~R; MA]~Y RTT,RR~7 (Date of Judgment) 11 (Date & Time) Amount of Judgment $ 1,500.00 Judgment Costs $ 90.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1,590.00 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANcN~SCR, J~pT FORM WITH YOUR NOTICE OF APPEAL. NOV '-'O0'Date ~ ~. ~..~'~. ,District Justice I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , District Justice My commission expires first Monday of January, 2008 SEAL AOPC 315-99 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ....~YH ~.L~_~_.~ ...... ; SS AFFIDAVIT: I hereby swear or ~ffirm that I served ~ a copy of the Notice of Appeal, Common Pleas No, ..~_?.,,...m_~ ~_ upon the D~stdct Justice designated therein on (date of service)~.~.~..._~ Z~o ~__, ~ by personal service ~ by (certified) (rog!otcr~) mail, sender's receipt attached hereto, and upon the appellee, (name) ~~.~ ~~~ ........... on ~_~...., .~_ ~ by personal service ~ by (6ertifiec) (~) mail, sender's receipt attached hereto. ~ and further that I served the Rule to File a Complaint accompanying the abave Notice of Appeal upon the'appellee(s) to whom the Rule was addressed on .~~_ ~ ............ ~., ~ by personal service mail sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY' OF ~.,Er,.-~--'l<.~-Yt..~.~,'~ "~ COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL t · ' COURT OF COMMON PLEAS JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the ~iary ~:iileen aylor 09-1-01 AD(~ESS Of API~LJ. Ahfl' CITY STA~ 201 11th treet ,. ew ~,um'berlund ~.:. ~nlbony . ~.age~,~o ~ ihary :~lleen ~.a.ylor zip COD~ ~7070 1 'l/7/02 CUdM NQ Cv LT This block will be ~ ONLY when this notation is required under Pa. R.C.P.J.P. 1008B. ' This Notice of Appeal, when received by fhe District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case Signature of Prothonotary or Deputy ff appellant was CLAIMANT (see Pa. R.C.P.J.,o. 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 form to be used ONLY when appellant was DEFENDANT (see I~. R.C.P.J.P. No. 1001(7) in action before D/strict Justice. IF NOT USED, de~ach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon i.lr. ~iandman/.~nthony° ~1' ~ ~ ~ ° ,appellee(s), to file a complaint in this appeal Name of appellee(s) S/gr~ature of appe//ant ~ h/s attorney o,,' agent RULE: To f'~r. 'Jandman/~mthony P. !¥iagaro ,appellee(s). Ne, ne o~ (1) You am .noti~.t~ ,! a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this m~,j/~p~t service or by certified or registered (24 do not file a comPla,r~.i~'ith,n fh,s t,me, a JUDCdg~NT OF NON PROS W1LL BE ENTERED AGAINST YOU. {~) The date of service of this rule~ service was by mail is the date of mailing. AOPC 312-90 COURT FILE m i'M Postage $ ~ ~2,~ 0070 u') Certified Fee 0~ ~i.~5 F~.~ ~ Return Receipt Fee r--I (Endorsement Required) .......... ~.,~,~ ........... :.~ ~_ c~ty, bra ZIP+ 4 m $0. Z7 ILl Postage $ s,l '~h 0070 0~ [~' Certified Fee Return Receipt Fee Hem r-I (Endorsement Required) r~ or PO Box NO, ~ ..,~.z~.. .... ~ ~ ................. IN THE COURT OF COMMON PLEAS OF CUMBEI:tT,A_ND COUNTY, PENNSYLVANIA MR., SANDMAN/ : ANTHONY F. MAGARO, : Plaintiff : VS : MAI~Y EILEEN TAYLOR, : Defendant CIVIL ACTION NO. 02-5698 CML TO: Mary Eileen Taylor, Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the c]~.ims set forth in the following pages, you must take action within twenty (20) days alter this Complaint and Notice are served, by entering a written appearance personally or by attorney and ftliug in writing with the Court your defenses or objections to the cls.tms set forth ag~.~ust 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 Petition or for any other claim or relief requested by Petitioner. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYEi% AT ONCE. IF YOU DO NOT II_AVE A LAWYER Ol:t CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR Third Floor Cumberland County Court House Carlisle, PA 17013 Telephone: 717 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBEi T,AND COUNTY, PENNSYLVANT MR., SANDMAN/ : ANTHONY F. MAGARO, : Plaintiff: VS : M_A_RY EILEEN TAYLOR, : Defendant : CML ACTION - LAW NO. 02-5698 CIVIL COMPLAINT 1. Plaintiff Anthony F. Magaro, is an adult individual resiSing at 3416 Bedford Drive, Camp Hill, Pa 17011, and is the owner and operator of a coD~mercial floor re-i~mishing business, known as Mr. Sandman. 2. Defendant Mary Eileen Taylor, is an adult individual residing at 201 11m Street, New Cumberland, Cumberland County, Pennsylvania. 3. On or about June 4, 2992, the Defendant engaged the Plaintiff to re£mish wood flooring in the residence of the Defendant located at 201 11 th Street, New C~mberland, PA, and to apply stain and a polyurethane i~mish the wood flooring in accordance with a proposal provided by Plaintiff to Defendant on March 2, 2002, a copy of which is attached hereto and which is hereby made a part hereof. 4. Plaintiff rendered a proposal to the Defendant for the work in the amount of $2,170.00, as more fully set forth in Exhibit A, which is attached hereto and which is hereby made a psmt hereof. 8. At the time the work was to coraraence cert_s;tu prepsmatlon work which the Defendant had agreed to complete was not finished requiring the Plaintiff to perform additional tasks to prepare the floor for final finishing. 6. PlaJ_utlff proceeded to remove the remaining floor coverings and complete the sanding of the floors in preparation for applying po~J~mtrethane finishing materials, which work was complete on June 30, 2002, when the Defendant advised the Plaintiff to ternminate the job and remove from the prenmises. ?. Plaintiff avers that the work was substantially complete and done in a workms~D11ke manner such that there was no need to stsiu the sanded flooring prior to applying the polj~mtrethane finish. 8. Pl_s;iutiff stopped the work on June 30, 2002, and requested llnal pa~unent from the Defendant in the total sznount of $1,948.00, after crediting the deposit of $200.00. 9. Defendant refused to make smky more pa~-ments to Plaintiff even though the work was substantially completed, hence this suit. 10. P1 'amtiff avers that he is further entitled to interest at the rate of 1% per month, a pa~vment penalty of 1% per month, the costs of suit and reasonable attorney fees as authorized by the Contractor and Subcontractor Payment Act, Act of Februamy 17, 1994, P.L. 73, No. 7 Section i et seq, 73 P.S. 801 et seq. ~ANI-IEi~EFOI~E, Plaintiff demands Judgment against the Defendant in the s.rnount of $1948.00; interest from June 30, 2002, at 1% per month; a penalty for failure to comply with the terms of the Contractor and Subcontractor Pa~unent Act of 1% per month; reasonable att authorized by the foregoing Act. l:l,ob~ P~. ~ebmch, Esquire I.D. 10282 10T Locust Street Harrisburg, PA 1 T l01 (717) 234-6655 Attorney for Plaintiff I verify that the statements made in this Complslut are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: December 31, 2002 FROM : NR.~NDN~N F~× NO. : l~66gGG5677 Dm¢. GO ~00~ O~:~PN P1 RmGeived Dii;-3OiZOOZ 06;48 Fram-lBSBg3~$877 To-ROBERT G RAI)EBACH Palm 001 I~rcpcsal submiXed 5416 BEDFORD DRIVE CAMP H LL, PA i70'11 To~i free 1-866-WDF LORS (1-566--933-5677) Pho~e/Fa~ 717-737-9232 Phone: H 0 Worksite: ~,~ We hereby propose to Surnish the materials & ?erform the labor necessary for the completion of: FLOORS: SAND/3 COATS ~" u,~ or ACR¥'LiC POLYURETHANE Note: Any repairs or work not seen u~oon visual insF.~.c..i~ion at time of estimate, shall become an ad~litional charge upon written, ai~_r'.o~al by client. a~ov, work t,o be All material is guaranteed to be as specified, ar, d the ' * performed in accordance with the drawings and specifications submitted for above work and completed in a substantia! workmanlike m. ai~,ner for the sum of: $ Payment shall be made as follows: 10% down, 40% to sta~., and 50% ulpon completion VISA, tdASTER CARD, AMERICAN EXPRESS RESPECTFULLY 5U~MIT~ED ~,~'-' Note: This proposal may be withdrawn if not accepte~ within~ ~__ days. ACCEPTANCE OF PROPOSAL The above prices, specifications, ar, d con~,itions are sa~,~smctory an~' are hereby accepted. You are authorized to do the work as spec',fied. Payment will be made as outlined above. Sienature Date Co-Signature MR. SANDMAN/ANTHONY F. MAGARO, · PLAINTIFF · V. · MARY EILEEN TAYLOR, · DEFENDANT · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5698 CIVIL TERM NOTICE TO PLEAD TO: Mr. Sandman/Anthony F. Magaro c/o Robert G. Radebach, Esquire 107 Locust Street Harrisburg, PA 17101 You are hereby notified to file a written response to the enclosed Answer, New Matter and Counterclaim within twenty (20) days from service hereof or a ,judgment may be entered against yOU. Respectfully submitted, Date BRIAN C. BORNMAN, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Defendant MR. SANDMAN/ANTHONY F. MAGARO, Plaintiff VS. MARY EILEEN TAYLOR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACT]iON - LAW NO. 02-5698 CIVIL TERM ANSWER~ NEW MATTER AND COUNTERCLAIM AND NOW, comes Defendant, Mary Eileen Taylor, by and through her counsel, Kline Law Office, who answers the Complaint filed in the above-captioned matter as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted in part, denied in part. Defendant admits that the Plaintiff was engaged to perform the work described therein. By way of further answer, the work contemplated in said agreement was to be performed while Plaintiff was on vacation in Florida from June 14, 2002 through June 30, 2002, and was to be completed upon Defendant's return. 4. Admitted. 5. Denied; proof demanded. 6. Denied; proof demanded. 7. Denied; proof demanded. 8. Denied; proof demanded. 9. Denied; proof demanded. 10. Denied; proof demanded. By way of further answer, reference to the Contractor and Subcontractor Payment Act and reliance thereon is a legal conclusion to which no responsive pleading is required; to the extent a response is :required, the allegation is denied. WHEREFORE, Defendant demands judgment in her favor and against Plaintiff. NEW MATTER 11. Defendant's responses to the allegations contained in Paragraphs 1 through 10 are incorporated herein as if set forth in full. 12. All work contemplated to be completed herein was to be completed by Plaintiff while Defendant was away on vacation from June 14 to June 30, 2002 and was to be completed prior to Defendant's return on June 30, 2002. 13. Plaintiff, or Plaintiff's agents or employees, did not appear at Defendant's residence to deliver equipment and materials until June 26, 2002. 14. Plaintiff, or Plaintiff's agents or employees did not commence the work contemplated by the parties' agreement until June 27, 2002. 15. At the time that Defendant returned from her vacation on June 30, 2002, the work contemplated by the agreement was not completed. 16. At no time did Plaintiff advise Defendant that, in his opinion, the polyurethane finish would not be necessary. 17. On June 31, 2002, when questioned on the fact that the work was not completed prior to Defendant's return from vacation, Plaintiff became w:rbally belligerent with the Defendant. Only at this time did Defendant request that Plaintiff remove himself from the premises and not return. 18. Plaintiff failed to complete the work contemplated by the parties' original agreement. WHEREFORE, Defendant demands judgment in her favor and against Plaintiff. COUNTERCLAIM 19. The allegations contained in Paragraphs 1 through 18 are incorporated herein as if set forth in full. 20. As a result of Plaintiffs failure to complete the work contemplated by the parties' agreement, Defendant has incurred additional expenses to complete the project and will incur additional expenses until such time that the project has been completed. 21. Defendant has incurred in excess of $700.00 in out-of-pocket expenses on her own to perform a portion of the work contemplated by the parties' original agreement. 22. Defendant has obtained an estimate that the remaining work to be completed in the amount of $960.00. A copy of this estimate is attached as Exhibit "A" to this Counterclaim. WHEREFORE, Defendant demands judgment in her favor in excess of $1,660.00, together with costs of suit, attorneys fees, and such other relief as the Court may deem proper. Respectfully submitted, KLINE LAW OFFICE DATE BRIAN C. BORNMAN, ESQUIRE Attorney ID#89105 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2:;40 Attorney for Defendant VERIFICATION I verify that the statements made in the foregoing Answer, New Matter and Counterclaim are and correct. I understand that false statements herein are: made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date TO CKC WOOD FLOORS 144 New Haven Street MDUNT JOY, PA 17552 JOB ESTIMATE JOB DESCRIPTION: ....................... ;':"'5' ............ ; ............... i .......................... '~"-::'"':'":"':' ....................... : .......... :'5 ................. '~"'Z'":"il ................ :':~ ................ :i' ............................................................................................. THIS ESTIMATE IS FOR COMPLETING THE JOB AS DESCRIBED ABOVE. IT IS BASED ON OUR EVALUATION AND DOES NOT INCLUDE MATERIAL PRICE INCREASES OR ADDITIONAL LABOR AND MATERIALS WHICH MAY BE REQUIRED SHOULD UNFORESEEN PROBLEMS OR ADVERSE WEATHER CONDITIONS ARISE AFTER THE WORK HAS STARTED. JOB COST ESTIMATEDBY CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Answer, New Matter and Counterclaim upon Plaintiff by depositing same in the United States Mail, first class, postage pre- paid on the ~ ~ day of January, 2003, from New Cumberland, Pennsylvania, addressed as follows: Robert G. Radebach, Esquire 107 Locust Street Harrisburg, PA 17101 Attorney for Plaintiff BRIAN C. BOtLNMAN, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff IN THE COUi T OF COMMON PLEAS OF CUMBEI LAND COUNTY, PENNSMLVANIA MR., SANDMAN/ : ANTHONY F. MAGAI~0, : Plaintiff: VS : MARY EILEEN TAYL01~, : Defendant : CML ACTION - LAW NO. 02-5698 CML 11. 12. 13. 14. 15. 16. 17. REPLY TO NEW MATTER AND COUNTERCL~IM No answer is necessary to this averment. Denied. On the contrary, Plaintiff avers that the original purchase date was March 2, 2002, and for reasons which remain unexplained, Defendant did not return the deposit money to Plaintiff until June 4, 2002. Plaintiff denies agreeing to have the work completed by June 30, 2002. Plaintiff advised Defendant the work would be completely in a timely fashion. Strict proof of the averment is hereby demanded. Admitted. Admitted. Denied. On the contrary, Plaintiff avers that while the work was not completed on June 30, 2002, Plaintiff had never indicated that the work would be done by that date and Plaintiff avers that there was very little work to be completed by Plaintiff when Defendant terminated his services. Strict proof of the averment is hereby demanded. Denied as stated. Plaintiff avers that he advised Defendant that staining the floor was not necessary and not that the polyurethane finish would not be necessary. Strict proof of the averment is hereby demanded. Denied. On the contrary, Plaintiff avers that there is no such date as June 31, 2002, as averred by Defendant and that while Plaintiff does admit that Defendant requested him to remove his tools, he did not become belligerent with Defendant. Strict proof of the averment is hereby demanded. 18. Denied. On the contrary, Plaintiff never agreed to have the work completed by June 30, 2002. 19. No answer is requi~'ed to this averment. 20. Defendant is without knowledge or information sufficient to form a believe as to the truth of the averment. Strict proof of the averment is hereby demanded. 21. Defendant is without knowledge or information sufficient to form a believe as to the truth of the averment. Strict proof of the averment is hereby demanded. 22. Defendant is without knowledge or information stffficient to form a believe as to the truth of the averment. Strict proof of the averment is hereby demanded. D~en WHEREFORE, Plaintiff requests the Court to dismiss ~ dant's Resp bt kb , Rol~ert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 (717) 896-2666 Attorney for Plaintiff I verify that the statements made in this Reply to New Matter and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: February 19, 2003 WT-HSiW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CiViL 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: (~" C~~~, counsel for the~defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is,(are) at issue. 2. The claim of the plaintiff in the action is~ ~(~/~,~' Ol~ . The counterclaim of the defendant in.the action is~~. The following attorneys are interested in the case(s) as.g~tunsel or are otherwisefii~quali.fied to sit as arbitrators: ,~WubHmE. i ,P,~e~.ORE, your petiti°ner prays y°ur H°n°rable C°urt t° app°int three (3) ~_ at°~ t°....~the case shall be Respe~ y~ ORDER OF COURT , I~-~, in consideration of the · Esq., a~ appointed arbitrators in the above captioned action (or By the EJ. SNELBAKER BRENNEMAN SPARE MR. SANDMAN/ ANTHONY MAGARO, Plaintiff MARY EILEEN TAYLOR, Defendant IN THE COURT O F COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5698 CIVIL CIVIL ACTION - LAW NOTICE OF HEARING TO: Robert G. Radebach, Esquire 107 Locust Street Harrisburg, PA 17101 Brian C. Bomman, Esquire 714 Bridge Street P. O. Box 461 New Cumberland, PA 17070-0461 NOTICE IS HEREBY GIVEN that the undersigned Arbitrators appointed by the Court in the above-captioned matter will meet for the purpose of their appointment on Thursday, August 21, 2003, beginning at 1:30 o'clock p.m. in the jury assembly room on the fourth floor of the Cumberland County Courthouse in Carlisle, Pennsylvania 17013, at which time and place you may appear and be beard, together with your witnesses and counsel, if you so desire. Date: July 10, 2003 Scott Stein, Esquire Wendy Grella, Esquire Chairman CC: Court Administrator, Cumberland County IN THE COUi~T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MR., SAND~/ : ANTHOlkl~ F. 1V[AGARO, : Plaintiff : VS : M_A_RY EILEEN TAYLOI~, : Defendant : CIVIL ACTION - LAW NO. 02-5698 CML PP~kECIPE FOP~ ENTi~Y OF JUDGMENT TO THE Pi~OTHONOTAi~¥: Kindly enter Judgment in favor of the Plaintiff and against the Defendant in the action above-captioned in accordance with the Award of Arbitrators filed on August 21, 2003, and assess damages as follows: Principal amount due Total: $1,7~0~ Harrisburg, PA 17101 AND NOW, this St day of October, 2003, judgment by default is hereby entered in favor of Plaintiff a~d against the Defendant in the action above- captioned in the amount of $1,725.00 Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERT,~D COUNTY, PENNSYLVANIA MR., SAND1VIAN/ : ANTHONY F. MAGAI~0, : Plaintiff : VS : iVIAI~Y EILEEN TAYLOR, : Defendant : CIVIL ACTION - LAW NO. 02~5698 CML You are hereby notified that on October 1, 2003 the following Judgment has been entered against you in the above-captioned case - Judgment upon Award of Arbitrators for $1,725.00 Date: October 1, 2003  notar7 I hereby certify that the name and address of t~ro~e~ersons to receive 22 Donna Drive t~Is ~o~ice nnder ~a, Ir~n, PA ~ Radebac~ Esq~e Attorney for Plaint~