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~