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HomeMy WebLinkAbout07-06881 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. nel--/w NOTICE OF APPEAL ftin, 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 date and in the case referenced below. mn?. o?ST. NO. NAME OF D.J. St (fyety Z C ?bh?t?2-I- q__T3,o2. Y yrpN C?(){'{ic.,k I t;zqi -751 L1'ry CoLay f wq hbbz-)q Sf o L" N 1-10-0 OCN. V5 cv- ooo o is(-off This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. appellant was Claimant (see Pa. R.C.P.D.J. No. before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. 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.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Jooe appellee(s), to file a complaint in this appeal Name ofappellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer ry of judgment of non pros. Signature of appellan or attorney or agent RULE: To ?A X &C- 15u.,1L /O appellees) Name of appellee(s) ?wv (1) You are 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 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 MAY BE ENTERED AGAINST YOU. 3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 O Sign t-2 of Prothonotary D YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on 20 c- o F r r7l C-n =° • V e ^ N COMMONWEALTH OF PENNSYLVANIA rnI 1NTY OF- C01111BERLAND Mag. Dist. No.: 09-3-02 MDJ Name: Hon. VIVIAN CORKS Address: PO BOX.155 27 N BIG SPRING AVE NENVILLE, PA Telephone: (717 ) 776-3187 17241 ? wv?_?,eo'h©n 0 / r t,oa STEVEN D GEBIMT ' 7518 LINCOLN RGEiY ABBOTTSTOWN, PA 17301 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ? EDGB GARAGE DOOR CONPANY 61 FAIRFIELD ST EDWARD C GEORE JR 2MVVILLE, PA 17241 J VS. DEFENDANT: . NAME and ADDRESS rGEBRART, STEVEN D 7518 LINCOLN HGZ1ff ABBOTTSTOWN, PA 17301 L J Docket No.: CV-0000156-06 Date Filed: 11/29/06 THIS IS TO NOTIFY YOU THAT: Judgment:- FOR PLAINTIFF (Date of Judgment) 1/10/07 ® Judgment was entered for: (Name) EDGE GARAGE DOOR COX, PANY ® Judgment was entered against: (Name) GZBEART, STEVEN D in the amount of $ 2.438.1 Defendants are jointly and severally liable. ? Damages will be assessed on. Date & Time F This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F Portion of Judgment for physical damages arising out of residential lease $ Total $ 2,438.12 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ 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/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST -COME FROM THE COURT-OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY-THE MAGISTERIAL DISTRICT JUDGE . UNLESS THE JUDGMENT IS ENTERED IN THE COURT:OF COMMOWPLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES.WITH THE JUDGMENT. L r ` Date Magisterial District Judge, that this is a true and correct c of the:proceedings containing.the judgrnent. . J Certify 60y.of th record` Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-06 DATE PRINTED: 1/10/07 9:27:00 AN aC ?it?an?l??>.ull??ul>e??r??le Co (AUc MaifOnl)%-No Insurance Covera( ru q - Postage $ C3 M Certified Fee } 15 O C3 Return Receipt Fee (Endorsement Required) ;)ii Postmark Here C3 r-1 Restricted Delivery Fee (Endorsement Required) ra M Total Postage & Fees ? b d`??^--•_ ^': ?_? r? DNnti Sent o 4 v C3 I VIPff- - - 0 ? v _ -- ----------------------------- or PO Bar No. . () City, State, ZIP+4 ? ? ? . L1ar? ? ,+, ? I ,? PROOF OF SERME OF NOME OFAPF (This proof of service MUST BE FILED WITHIN TEN (10) DAYS COMMONWEALTH F PENNSYLVANIA COUNTY OF ss AFFIDAVIT: I hereby (sweaW("affirm) that I 66rved Postal CERTIFIED MAIL RE co Q' ,, I (Domestic CEIPT P i C3 rov ded) r_ MEIJWLI? _ P i r-R Postage $ C3 Certified Fee ' ° 4li Sri Q Return Recelpt Fee c (Endorsement R i Postmark' equ red) Here O r-3 Restricted Delivery Fee $ (Endorsement Required) { M Total Postage & Fees $ f. 64 2/200-1 ut r 3 4:111 10 r? ... .... ...._......___.°---------' rr,, ,, Na ••• te, ZtPt4 .................. Ly 571 10 a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) f 20 ? by personal service A by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) 5A?44` 60Mt StbaleS on rely /, 20 0 7 ? by personal service A by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS fa DAY OF , 20 0 7 Signat&e df official before whom affidavit was made Title of official My commission expires on , 20 PW NOT CAPME My COm-will 0p EIS W AA Y Signature of aff/ant ik Q 6 N co CD COMMONWEALTW OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. rj' _?^f L 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 date and in the case referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF D.J. S- C \1'r n! ? ? bh >w '-?- o - 5 62- v) i ?! t ADDRESS OF APPELLANT CITY ` k (f rv _ STATE zip ODE 6W N 4 -'r! I ?7'3 a ? DATE OF JUDGMENT IN THEN CASE OF iP/ WjM fDafandantl' (_ , V- coo blc-? This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy va No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the 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 Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of appeftee(s) (Common Pleas No. within twenty (20) days after service of rule or suffer ry of judgment of non pros. Signature of appeg t attorney or agent RULE: To Z ?(p?ppeliee(s) Name of appellee(s) (1) You ar a thilt.a rulp it, hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upcl if you -`y personal ser**,lo',by certified or registered mail. (2) If ycu.do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if ser4ce was by mail is the date of the mailing. Date: w'-?- ign ure of Prothonotary YOU MUST It QL, EyA C -OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANTS COPY 0 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFFS EDGE GARAGE DOOR COMPANY, : IN THE COURT OF COMMON PLEAS OF and EDWARD C. GEORGE, JR., : CUMBERLAND COUNTY, individually, : PENNSYLVANIA Plaintiffs NO. 2007 - CIVIL TERM V. STEVEN D. GEBHART, Defendant : CIVIL ACTION - LAW NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are wamed that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 89732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFFS EDGE GARAGE DOOR COMPANY, : IN THE COURT OF COMMON PLEAS OF and EDWARD C. GEORGE, JR., : CUMBERLAND COUNTY, individually, : PENNSYLVANIA Plaintiffs : NO. 2007 - CIVIL TERM v. STEVEN D. GEBHART, Defendant : CIVIL ACTION - LAW COMPLAINT NOW come the plaintiffs, Edge Garage Door Company and Edward C. George, Jr., individually, by and through their attorney, Stacy B. Wolf, Esquire, and presents the following Complaint, representing as follows: 1. Plaintiff, Edge Garage Door Company, is a Pennsylvania corporation operating at 61 Fairfield Street, Newville, Cumberland County, Pennsylvania 17241. 2. Plaintiff, Edward C. George, Jr. is an owner of Edge Garage Door Company residing at 8 South High Street, Apartment 3, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiffs Edge Garage Door Company and Edward C. George, Jr. are engaged in the business of selling and installing garage doors and accessories. 4. Defendant is Steven D. Gebhart, an adult individual contractor conducting business at 7518 Lincoln Highway, Abbottstown, Pennsylvania 17301. 5. On or about June 18, 2006, Defendant made a telephone call to Plaintiffs and placed an order related to his Albright project for two CH Model 2240, 9' x 7' garage doors, eighteen reinforcing struts, two keyed outside center locks, twenty punched angle iron 1 1/4" x 1 1/4" per foot, two 16' white vinyl weatherstripping, two 9' white vinyl weatherstripping, installation of garage doors, and installation of vinyl weatherstripping, totaling $1,341.25 plus $58.75 in sales tax, for a grand total of $1,400.00. A true and correct copy of said invoice is attached hereto as Exhibit "A." 6. On or about July 17, 2006, Defendant made a telephone call to Plaintiffs and placed an order related to his Carrolls Tract project for four (Iff Model 3260, 9' x 8' garage doors, four inside slide locks, forty punched angle iron 1 1/a" x 1 1/a" per foot, four 16' white vinyl weatherstripping, four 9' white vinyl weatherstripping, installation of garage doors, and installation of vinyl weatherstripping, totaling $2,702.11 plus $116.06 in sales tax, for a grand total of $2,818.17. A true and correct copy of said invoice is attached hereto as Exhibit "B." 7. Defendant has made no payments to Plaintiffs on the $1,400.00 invoice for the Albright project. 8. Defendant made a $1,500.00 deposit on his order for the Caxrolls Tract project on or about July 17, 2006 and made one payment of $500.00 on or about November 8, 2006 but has made no further payments since that date to Plaintiffs. A true and correct copy of said statement is attached hereto as Exhibit "C." 9. Defendant has failed to pay the remaining balance for the Albright and Carrolls Tract projects, including finance charges, totaling $2,377.91 still owed to Plaintiffs in accordance with their agreement. 10. Plaintiffs are entitled to the monies due for the items ordered and installation completed, because Defendant breached the agreement to pay. WHEREFORE, Plaintiffs, Edge Garage Door Company and Edward C. George, Jr., individually, prays that this Honorable Court enter judgment for the Plaintiffs and against Defendant, Steven D. Gebhart, in the amount of $2,377.91, together with interest and costs of this action and any additional relief the Court deems appropriate and just. COUNT I - BREACH OF CONTRACT Edge Garage Door Company and Edward C George, Tr., individually v. Steven D. Gebhart 11. Plaintiffs incorporate by reference paragraphs 1 through 10 as if set forth in full herein. 12. Defendant's failure to pay the balance due to Plaintiffs constitutes a breach of the parties' agreement. 13. Defendant's breach of the sales agreement to pay Plaintiffs for inventory and installation has caused the damages suffered by Plaintiffs. WHEREFORE, Plaintiffs, Edge Garage Door Company and Edward C. George, Jr., individually, pray that this Honorable Court enter judgment for the Plaintiffs and against Defendant, Steven D. Gebhart, in the amount of $2,377.91, together with interest and costs of this action and any additional relief the Court deems appropriate and just. COUNT II - UNJUST ENRICHMENT 14. Plaintiffs incorporate by reference paragraphs 1 through 13 as if set forth in full herein. 15. Plaintiffs have not received full payment in return for their supply of inventory and installation to Defendant. 16. Defendant has paid Plaintiffs $2,000.00 of the total owed. 17. Defendant's payment evidences Defendant's acknowledgement of the amount owed to Plaintiffs and Defendant's intention to pay Plaintiffs. 18. Defendant's refusal to pay Plaintiffs the remaining $2,377.91 has resulted in his unjust enrichment to the detriment of Plaintiffs. WHEREFORE, Plaintiff, Edge Garage Door Company and Edward C. George, Jr., individually, prays that this Honorable Court enter judgment for the Plaintiffs and against Defendant, Steven D. Gebhart, in the amount of $2,377.91, together with interest and costs of this action and any additional relief the Court deems appropriate and just. Respectfully Submitted, WOLF & WOLF March -?-, 2007 By: STACY . WOLF, ES IRE Attorney for Plaintiffs WOLF & WOLF 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 VERIFICATION I do hereby verify that I am the plaintiff in the instant action and that the facts set forth in this petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.CS. Section 4904, relating to unworn falsification to authorities. "?? A. March r , 2007 CL_) C Edward C. George, Jr. Plaintiff +• !R MM . S. R till* M P? Y! iy ? ry;yMrj,+,?( 1Mr.+.*? S! R -?1t il' Il- ?? ? ? '" "*"_' ? ?R e.f?? ? '? ? la` .1 ill ? ~ '1]I Orr a the ir.Q3 ;lny Faye 0cusiromer Ser?nc 61 Fairfield St. 313 Denny Road Newville, PA. 17241 Invoice Valencia, PA 16059 717-448-7370 724-991-7068 Name / Address For Installation Comments/Questions Cali: Steve Gebhart ED GEORGE 7518 Lincoln Highway (717) 448-7370 Abbottstown, PA. 17301 (724) 991-7069 Date Invoice # Terms Rep Account # Project 8/14/2006 193 Net 15 Newvi Albright Qty Item Description 2 09x074/487-72 CHI Model 2240 - 9 x 7 Garage Door - Raised Panel/short - 24 Ga. Non-insulated - White - Torsion Spring. Includes 10", 12" or 15" radius track standard. 18 Struts/487 Reinforcing Struts - Per Foot of Door Width. 2 Outside Center/487 Keyed outside center lock 20 1 1/4" Punched Angle Punched Angle Iron 1-1/4" x 1-1/4" per Foot. 14 Gauge. 2 White 16' 16' White Vinyl Weatherstripping. 2 White 09' 9' white Vinyl Weather stripping. 144 Installation Installation of new residential door - per square foot. 50 Install V. W.S. Installation of vinyl weather strip per foot. Subtotal: Discount Discount: Builders Discount $160.00 Subtract Discount From Total Only if Payment Is Received in EDGE Garage Door Office by: 08/29/06. Please make checks payable to EDGE Garage Door Company Subtotal $1,341.25 Sales Tax (6.0%) $58.75 Balance due to installer upon completion of installation. Total $1,400.00 00 $0 . Payments/Credits Visit us on the web @ www.cdgedoor.com Balance Due $1,400.00 Ex"\6?? A R ta ' A +f ' ++..le' Af vw5..e.- N 6 `[+ . . ia4.e? 4 r tt . _.... _ orl in n i ead.riy Eayr 0C.; eQrnCr Serarco 61 Fairfield St. I i 313 Denny Road Newville, PA. 17241 nvo ce Valencia, PA 16059 717-448-7370 724-991-7068 Name / Address For Installation Comments/Questions Call: Steve Gebhart c ED GEORGE )r. 7518 Lincoln Highway (717) 448-7370 Abbottstown, PA. 17301 (724) 991-7069 Date Invoice # Terms Rep P.O. No. Account # Project 7/20/2006 171 Net 15 Newvi Carrolls Tract Qty Item Description Cost Total 4 9 x 8 tors.... CHI Model 3260 - 9' Wide x 8' High - Non Insulated Garage Door - 2" thick - Heavy Hardware - 10 429.10 1,716.40T Ball Rollers - Torsion Spring - White. Includes 10", 12", or 15" track. 4 Inside sli... Inside slide lock. 14.00 56.OOT 40 1 1/4" Pu... Punched Angle Iron 1-1/4" x 1-1/4" per Foot. 14 Gauge. 1.30 52.OOT 4 White 16' 16' White Vinyl Weatherstripping. 17.60 70.40T 4 White 09' 9' white Vinyl Weather stripping. 9.90 39.60T 288 Installation Installation of new residential door - per square foot. 2.14483 617.71 100 Install V.... Installation of vinyl weather strip per foot. 1.50 150.00 Subtotal: 2,702.11 Discount Discount: Builders Discount. Deduct $338.17 if Payment is received in EDGE Garage Door Co. 0.00 0.00 Office No Later Than 08/07/06 Total With Discount: $2480.00 Minus Deposit $1500.00 = $980.00 Balance Due. If Received Before 08/07/06 Please make checks payable to EDGE Garage Door Company Subtotal $2,702.11 Sales Tax (6.0°x) $116.06 Balance due to installer upon completion of installation. Total $2,818.17 C di 00 000 $ 2 ts re Payments/ - , . Visit us on the web @ www.edgedoor.com Balance Due $818,,17 E \1 \ e> V-V -?2> EDGE Garage Door Company 61 Fairfield Street Newville, PA. 17241 (717) 448-7370 (717) 776-7305 fax To: Steve Gebhart 7518 Lincoln Highway Abbottstown, PA. 17301 Statement Date 1/9/2007 Amount Due Amount Enc. $2,377.91 Date Transaction Amount Balance 06/30/2006 Balance forward 0.00 Albright- 08/14/2006 INV #193. Due 08/29/2006. 1,400.00 1,400.00 09/20/2006 INV #FC 3. Due 09/20/2006. Finance Charge 15.19 1,415.19 10/20/2006 INV #FC 6. Due 10/20/2006. Finance Charge 20.93 1,436.12 11/20/2006 INV #FC 11. Due 11/2012006. Finance Charge 2195 1,458.07 01/09/2007 INV #FC 12. Due 01/09/2007. Finance Charge 35.95 1,494.02 Carrolls Tract- 07/17/2006 PMT Deposit on Order -1,500.00 -598 07/20/2006 INV #171. Due 08/04/2006. 2,818.17 2,812.19 08/20/2006 INV #FC 2. Due 08/20/2006. Finance Charge 6.46 2,818.65 09/20/2006 INV #FC 4. Due 09/20/2006. Finance Charge 12.61 2,831.26 10/20/2006 INV #FC 7. Due 10/20/2006. Finance Charge 12.39 2,843.65 11/08/2006 PMT #1004. Payment on Account -500.00 2,343.65 11/20/2006 INV #FC 10. Due 11/202006. Finance Charge 12,99 2,356.64 01/09/2007 INV #FC 13. Due 01/09/2007. Finance Charge 21.27 2,377.91 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS Amount Due CURRENT DUE DUE DUE PAST DUE 57.22 0.00 34.94 33.32 2,252.43 $2,377.91 ?XN 1 r, I T- C STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFFS EDGE GARAGE DOOR COMPANY, and EDWARD C. GEORGE, JR., individually, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 2007 - CIVIL TERM V. STEVEN D. GEBHART, Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, hereby certify that I have served a true and correct copy of the foregoing Complaint upon the following person and in the manner indicated: SERVICE BY U.S. MAIL: Steven D. Gebhart 7518 Lincoln Highway Abbottstown, PA 17301 March 2007 By: STACY B/ WOLF, ESQTPRE Attorney for Plaintiffs WOLF & WOLF 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 ti? _? _=,, s ?-? ---- r :? -n r ?-, ?_ - ? i ?...i L. J ? ( -? 4 ??w - ?J ?.1 - } '? ; ^ - ?.? ? G_ i ?_., tl? ? • • - ?- -y _ _ ?/ ? R fR .? ? 1 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 89732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFFS EDGE GARAGE DOOR COMPANY, and : IN THE COURT OF COMMON PLEAS OF EDWARD C. GEORGE, JR., individually, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs . CIVIL ACTION - LAW V. NO. 2007-0688 CIVIL TERM STEVEN D. GEBHART, Date of Notice: April 5, 2007 To: Steve Gebhart 7518 Lincoln Highway Abbottstown, PA 17301 Defendant IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENC[ES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 April 5, 2007 WOLF & WOLF By: ` STACY B. OLF, ESQUIRE Attorney for Plaintiffs 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 ? c'7 ? -? %? -?; ? ? ?-' -_? _" ?:? ?... ? l`?"?R _ ' , _J I STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFFS EDGE GARAGE DOOR COMPANY, and EDWARD C. GEORGE, JR., individually, Plaintiffs v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . NO. 2007-0688 CIVIL TERM STEVEN D. GEBHART, ' Defendant CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing Important Notice upon the following person via fast class mail, postage prepaid: Steve Gebhart 7518 Lincoln Highway Abbottstown, PA 17301 Dated: April 5, 2007 4"'-Z1'4d,StaA?r B. Wolf, Esquire(-/ Counsel for Plaintiffs ?t ? `T? ?n .?;'i: ?t .. ?> STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFFS EDGE GARAGE DOOR COMPANY, and ; IN THE COURT OF COMMON PLEAS OF EDWARD C. GEORGE, JR., individually, , CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs . CIVIL ACTION - LAW V. NO. 2007-0688 CIVIL TERM STEVEN D. GEBHART, Defendant PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT TO THE PROTHONOTARY: Please enter judgment of default in favor of Plaintiffs, Edge Garage Door Company and Edward C. George, Jr., and against Defendant, Steven D. Gebhart, for Defendant's failure to respond. Attached as Exhibit A is a copy of Plaintiff's Notice of Intent to File Praecipe for Entry of Default judgment, which I certify was mailed to the defendant at his last known address, which is at least ten (10) days prior to the filing of this Praecipe. Damages are $2377.91, plus costs and reasonable attorney's fees. April 2007 STACY B. WOLF, ESQUIRE / Attorney for Plaintiffs 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 ?l STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFFS EDGE GARAGE DOOR COMPANY, and : IN THE COURT OF COMMON PLEAS OF EDWARD C. GEORGE, JR., individually, • CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs . CIVIL ACTION - LAW V. NO. 2007-0688 CIVIL TERM STEVEN D. GEBHART, Defendant Date of Notice: April 5, 2007 To: Steve Gebhart 7518 Lincoln Highway Abbottstown, PA 17301 IMPORTANT NOTICE v? YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER _ 'A" IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 April 5, 2007 WOLF & WOLF By: tom- - STACY B. WOLF, ESQUIRE Attorney for Plaintiffs 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Supreme Court I.D. No. 88732 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFFS EDGE GARAGE DOOR COMPANY, and : IN THE COURT OF COMMON PLEAS OF EDWARD C. GEORGE, JR., individually, , CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - LAW V. NO. 2007-0688 CIVIL TERM STEVEN D. GEBHART, Defendant f CERTIFICATE OF SERVICE == I hereby certify that I served a copy of the foregoing Important Notice upon the following person via first class mail, postage prepaid: Steve Gebhart 7518 Lincoln Highway Abbottstown, PA 17301 Dated: April 5, 2007 Stac?B. Wolf, Esquird Counsel for Plaintiffs STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE, PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFFS EDGE GARAGE DOOR COMPANY, and : IN THE COURT OF COMMON PLEAS OF EDWARD C. GEORGE, JR., individually, , CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs . CIVIL ACTION - LAW V. NO. 2007-0688 CIVIL TERM STEVEN D. GEBHART, Defendant CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing Praecipe for Entry of Default Judgment upon the following persons via first class mail, postage prepaid: Steve Gebhart 7518 Lincoln Highway Abbottstown, PA 17301 Dated: April a3 '2007 ZkCA411 W, Stacy B. W614 Esquire Counsel for Plaintiffs t_ r N ?i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: EDGE GARAGE DOOR COMPANY, and EDWARD C. GEORGE, JR., individually, Plaintiffs vs. STEVEN D. GEBHART, Defendant ( ) Confessed Judgment ( ) Other File No. 2007-0688 CIVIL TERM Amount Due $877.91 Interest $24.15 (as of 1 0-1 0-07 ) Atty's Comm Costs 2 ,50 TO THE PROTHONOTARY 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 original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of d?- - County, -C. UILI for debt, interest and costs, upon the following described property of the defendant(s) business, household and/or other personal property including any automobiles of Steven D. Gebhart, Defendant, 7518 Lincoln Highway, Abbottstown, PA. 17301. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment 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) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date 10-10-2007 Signature: Print Name: Stacy B. olf, Esquir Address: 10 W. High Street Carlisle, PA 17013 Attorney for: Plaintiffs Telephone: (717) 241 -4436 Supreme Court ID No.: 88732 (over) 0 0 c? -rt -Val F C3 rt 00 -Ilk WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-688 Civil CIVIL ACTION - LAW TO THE SHERIFF OF YO r !-,' COUNTY: To satisfy the debt, interest and costs due EDGE GARAGE DOOR COMPANY and EDWARD C. GEORGE, JR. IDIVIDUALLY, Plaintiff (s) From STEPHEN D. GEBHART, 7518 LINCOLN HIGHWAY, ABBOTTSTOWN, PA 17301 (1) You are directed to levy upon the property of the defendant (s)and to sell BUSINESS, HOUSHOLD AND/OR OTHER PERSONAL PROPERTY INCLUDING ANY AUTOMOBILES OF STEPHEN D. GEBHART, DEFENDANT, 7518 LINCOLN HIGHWAY, ABBOTTSTOWWN, PA 17301. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is 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 of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$877.91 Interest $24.15 (AS OF 10-10-07) Atty's Comm % Arty Paid $40.50 Plaintiff Paid Date: OCTOBER 10, 2007 (Seal) L.L.&.50 Due Prothy $2.00 Other Costs$194.00 p') • s0 - t 17 S, Sa s! Curtis R. Long, Prothonotary r-711 By:?i?Ct-2a? Deputy REQUESTING PARTY: Name STACY B. WOLF, ESQUIRE Address: 10 W, HIGH STREET CARLISLE, PA 17013 Attorney for: PLAINTIFFS Telephone: 717-241-4436 Supreme Court ID No. 88732 EXP 1/8/07 • COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALI, (717) 771-9601 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY CAPES 1 PLAINTIFF/S/ 2 COURT NUMB ' - EDGE Un.L.%,GE DOOR CO 2007-SU-4017--YO 4. TYPE OF WRIT OR COMPLAINT 3. DEFENDANTfSf / STEYi'FN L GEBHART EXECUTION P/P SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED, OR SOLD STEPHEN D GEBHART 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO, TWP , STATE A Z r C u^ AT 7518 LINCOLN HIGHWAY ABBOTl`STOI-114 PA 17301 \J 7 INDICATE SERVICE O PERSONAL U PERSON IN CHARGE U DEPUTIZE U CERT MAIL U 1ST CLASS MAIL U POSTED -1 OTHER NOW 20 I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of COUNTY to execute this Writ and make return xPlere ,acca?ding _ . `-- "' to law. This deputization being made at the request and risk of the plaintiff., n SHERIFF OF YOM COUNT'S - r6 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE = r= LEVY UPON ALL PERSONAL PROPERTY ?' DIY 1 - SET SALE 25 DAYS FROM LEVY 77 -,? ALLOW EXEMPTION FORM ENCLOSED hJ D NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ m eave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such depu or the riff to-4hy plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof 9. TYPE NAME and ADDRESS of ATTORNEY/ ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER II DATE FILED STACY B WOLF ESQ OF WOLF & WOLF 17-241--4436 10/10/07 q' CARJ STJE d ' 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW. (This area must be completed d notice is lobe mailed) SAGE AS ABOVE SPACE BELOW FOR USE OF THE SIERFF - DO NOT WRITE BELOW TM LM 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. L T HO R P E 10/17 /0 7 1/8/07 16. HOW SERVED. PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O I hereby cerlity and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED I LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant). 19 Date of Service 20 Time of Service 21 ATTEMPTS Dale I Timer Miles Int. Date Time Miles Int Date Time Miles Int. Date Time Miles Date Time Miles Int. Date Time Miles Int. t611 120q P i [7j 22. REMARKS Levy not not within life of Writ. Writ expired. Deputy was refused entry onto premises. 23. Advance Costs 24 Service Costs 25. N/F 26 Mileage 27 Postage 28 Sub Total 29 Pound 30 Notary 31 Surchg. 32 Tot. Costs 33 066 efund Check No 200. ATY ti 157.45 1 22011 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 38. Mdeage/Postage/Not Found I 39 Total Costs I 40 Costs Due or Refund SO ANSWERS 41. AFFIRM and EAcri o bet i /-- r P? Signature of 45. DATE 42 - p. Sheriff NOTARIAL EAL 'F I NO RY 46. Signature of York 47 DATE LISA L. BOWMAN, NOTARY PUBLIC County Sheng 1/11/08 CITY OF YO :K YORK COUNTY MY COMMSSiCid "Exr+i^ :s AUG. 12, 2009 48 Signature of Foreign 49 DATE - - ?- County Sheriff I 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 171 UA 1 t Ktl IVtU OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sherdrs Office t SHERIFF' S RETURN OF SERVICE 01/10/2008 LEVY NOT DONE WITHIN LIFE OF WRIT. WRIT EXPIRED. DEPUTY WAS REFUSED ENTRY ONTO THE PREMISES. SHERIFF COST: $42.55 (PAID) SO ANSWERS, u r P,?Jjr 1?0?1 January 11, 2008 RICHARD P KEUERLEBER, SHERIFF