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HomeMy WebLinkAbout01-5678COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS .JUDICIAL DISTRICT NOTICE OF APPEAL/tO-Ol-.gl FROM 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 date and in the case mentioned below. NAME OF APPELLANT CLAIM NO, STATE ZIP CODE p.A. (DEFENDANT) CV YEAR LT YEAR This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. 20~;;~ -- 'O J, SIGNATUREOFAPPELLANTO HIS TORN ORA ENT If appellant 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. PRAEClPE 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 District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAEClPE: To Prothonotary Enter rule upon 3~0~, 3A,~,'1~,$~ Name of appellee(s) , appellee(s), to file a complaint in this appeal (Common Pleas No. O l-~~ within twenty (20)days after service of/f~l~/o.r f.~ffer~n~,.,~, j/t~gm/~, of non pros. ~ k. Signature of appellant or his affdrney or~gen! RULE: To ,...~¢0'~--'~/~0¢~-' ~,LL.i.~cA,..~ ,appellee(s) Name of appellee(s) (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 WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this ule ~f service was by mail is the date of t/h,~ailing. A Date: / ¢ / , Year -- White - Prothonotary Copy Green - Cour~File Copy Yellow - Appelant's Copy Pink Appellee Dopy Gold - D.J. Copy Proth. - 76 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 _ AFFIDAVIT: i hereby swear or affirm that I served F-la copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) ~ ., year .... [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name __, year ..... [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ........ year ...... [] by personal service [] by (cedified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF _ ,YEAR e~gna~ure of official before whom affk'lavit was made Signalure of Affiant COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist No: 09-3-03 DJ Name Hon SUSAN K. DAY Add~ess: 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA Telephone (717) 486'7672 17065 SUSAN K. DAY 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA 17065 PLAINTIFF: CIVIL CASE NAME and ADDRESS F-JACOBS-WILLIAMS, JUDY 3740 SPRING RD. CARLISLE, PA 17013 L VS. DEFENDANT: NAME amd ADDRESS NOTICE OF JUDGMENT/TRANSCRIPT F-WELCOMER, BRAD - CHAD 617 DELLEVILLE P~D. DUNCANNON, PA 17020 L -WELCOMER SER~ iDocket No.: CV-0000206-01 Date Filed: 7/24/01 THIS iS TO NOTIFY YOU THAT: Judgment: []Judgment was entered for: (Name) E~ Judgment was entered against: (Name) in the amount of $ R: 1 ¢;2.. c;o on: ~ Defendants are jointly and severally liable. ] Damages will be assessed on: ~] This case dismissed without prejudice. ~--~ Amount of Judgment Subject to Attachment/Act 5 of 1996 $_ ~] Levy is stayed for. days or ~ generally stayed. E~ Objection to levy has been filed and hearing will be held: FOR pLATNTIFF (Date of Judgment) (Date & Time) Amount of Judgment $ 8,000.0(~ Judgment Costs $ 162.5 (] Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 8,162.50 Post Judgment Credits $ Post Judgment Costs ,$ C- ~=====~====== Certified Judgmentr~0tal ~rr~ 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~T~E OF JUDGMENT/~ANSC};I'~T FORM WITH YOUR NOTICE OF APPEAL. ~ ' _, District Justice cert,fy that th,s ,s a true And correct copy of the recoj~d of th~ ~ Date , District Justice I My commission expires first Monday of January, 2004 SEAL AOPC 315-99 COOKE TOWNSHIP DICKINSON TOWNSHIP MIDDLESEX TOWNSHIP MT. HOLLY SPRINGS BOROUGH SOUTH MID DLETON TOWNSHIP SUSAN K. DAY DISTRICT JUSTICE DISTRICT 09-3-03 229 MrLL STREET. RO. BOX 167 MOUNT HOLLY SPRINGS, PA 17065 OFFICE 486-7672 486-4950 7 September 2001 Reserved Judgment Plaintiff: Defenants: Judy Jacobs-Williams Brad Welcomer Chad Welcomer Welcomer Services Docket Number: CV-206-01 Date of Hearing: 4 Setember 2001 Date of Judgment: 7 September 2001 Decision: Judgment is entered for the Plaintiff in the amount of $8,000.00 plus $162.50 costs for a total of $8,162.50. Comment: This Judgment was determined due to the preponderance ~S~' ~ ~ t~vidence. 09-3-03 All parties are hereby notified that they have thrity (30) days from the date of judgment to appeal the decision through the Office of the Prothonotary, Cumberland County Court House, 1 Court House Square, Carlisle, PA 17013 (717)240-6195 PROOFrOF ('l'hi~ proot e! service MUST BI= Flied WI~ ~'EN (10) DAYS AFTER filing the notice of appeal Check applicable xe'~ COMMOqW EALTH OF CERNSYLyAN A ~ COUN~OF ' : ; .'M ,'ss AFFIDAVIT: I hereby swear or affirm that I se~d ~ '~V I b , upon th9 Distdct Justice deskln re:' therein cm ~ copy of the N~ic.:of A~e~;~oD ~f~O ' S ~'7 I ;dateofse~ice)_~,, ~, :,,,[~r, Z ,~ b personalse~ice~y~ (regisler t) r,a, se,o,'s '~eipt affach~ hereto, and u~n the ~11~, (name 3U ~ ~e~S- ~ ILL I'~ S OD ~ ~ ~E 2 , ~r _3Z~, ~ ~ p.~o.~ sk~i~ ~y ~ (registerS) mail, sender's recei ~t a:tached he,(to ~and luther that I ~ t~ R~le a ~mplaint accompanying~t~ ~g0ve Notice of Appeal upon the appelle~ Io ~ ~homtheRule~saddr~s~on ~C~ Z ,yea~~ Z~L_, Dbypersonalse~ioe~y~itie,~<,,!liste,,,d~ nail, sen~ds r~ aff~ h~. ~. ~, ,* ('¢ ¢ [ My ~ Expires ~ap~. ~, ~w~ I ' 'Mefllber, F~lnsytva~a i~,~uc~ation ~ Notan~.- ~IOSWELLi TINTNERi PiCCOLA & WICKERSHAM COUNSEILO~S AT LAW 315 NORTH FRONT STREET ~P. Oi Box '~41 I.conard '[intncr, Esquh'c Supreme Court ID #A8590 G Edward Schwcikcrt iV, ]sqmm Supreme Court ID #81976 BOSWF[.I., TINTNER, P]CCOLA & WICKERSHAM 315N F~ontStrcct PO Box 741 11arrisburg, FA 17108-0741 (717) 236 9377 Attorneys liar Pla/m/ff JUDY JACOBS-WILLIAMS, PLAINTIFF BRAD WELCOMER, CHAD WELCOMER, D/B/A WELCOMER SERVICES, DEFENDANTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : NO. 01-5678 CIVIL : CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. l£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 attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, thc case may proceed without you and a judgment may be entered against you by the Court without £urther 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 OFF[CE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Ave. Carlisle, PA 17013 (800) 990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, uted tiene viente (20) dias de plazo al partir de la fecha de le demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas os sus objeciones a leas demandas en contra de su persons. Sea avisado que si usted no se defiende, la corte tomara medidas y peude entrar una order contra usted sin pervio aviso o notificacion y por cualquier queja or alivio que es pedido en la peticion de demanda. Usted peude perder dinero os sus propiedades o ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR RAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONE A LA ICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Ave. Carlisle, PA 17013 (800) 990-9108 m:\home~lt\general\j acobscmp JUDY JACOBS-WILLIAMS, PLAINTIFF BRAD WELCOMER, CHAD WELCOMER, D/B/A WELCOMER SERVICES, DEFENDANTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : : NO. 01-5678 CIVIL : : : ._ : CIVIL ACTION - LAW COMPLAINT Plaintiff, Judy Jacobs-Williams, by her attorneys, Leonard Tintner, Esquire, G. Edward Schweikert IV, Esquire and Boswell, Tintn~r, Piccola & Wickersham, and presents her complaint against Defendants, Brad Welcomer and Chad Welcomer, d/b/a Welcomer Services, as follows: 1. Plaintiff, Judy Jacobs-Williams, is an adult individual, residing at 3740 Spring Road, Carlisle, Camp Hill, Cumberland County, Pennsylvania 17013. 2. Defendant, Chad Welcomer, is an adult individual, residing at 26 Oak Lane, Shermansdale, Perry County, Pennsylvania 17090. 3. Defendant, Brad L. Welcomer, is an adult individual, residing at 617 Dellville Road, Duncannon, Perry County, Pennsylvania 17020. 4. At all times hereto, Defendants were operating a home improvement business known as Welcomer Services, with a business address of 26 Oak Lane, Shermansdale, Perry County, Pennsylvania 17090. 5. In August, 2000, Defendants went to Plaintiff's residence to view the bathroom for a remodel job and to give a price estimate. 6. Defendant Brad Welcomer verbally stated a price quote to remodel the bathroom for $4,000.00 - $5,500.00, and that they could begin the work immediately. 7. Plaintiff gave Defendants a deposit of $1,500.00 and hired Defendants for the job based on Defendant Brad Welcomer's verbal price estimate. A copy of the check, payable to Chad Welcomer, for the deposit is attached hereto and identified as Exhibit "A." 8. On or about August 16, 2001, Defendants commenced work. 9. In September 2001, Plaintiff gave Chad Welcomer cash payments of $2,000.00, to apply to their account. 10. On October 10, 2000, Plaintiff gave Defendant Chad Welcomer two checks, payable to Chad Welcomer, totaling $1,200.00. Copies of the checks are attached hereto and identified as Exhibit "B." 11. In October 2000, Plaintiff gave Defendant Chad Welcomer a cash payment of $1,300.00, to apply to their account. 12. In November 2000, Plaintiff gave Defendant Chad Welcomer a cash payment of $500.00, to apply to their account. 14. at length. 15. project. 16. 13. By November 11, 2000, Defendants had not yet completed the renovation in full and the work they had completed was not done in a satisfactory manner COUNT I BREACH OF CONTRACT Paragraphs 1 through 13 are hereby incorporated herein by reference as if set forth Defendants breached the oral contract by failing to completed the construction Defendants further breached the oral contract by failing to complete the work in a satisfactory manner. WHEREFORE, Plaintiff demands judgment in an mount not in excess of $25,000.00, which mount requires submission of this matter to compulsory arbitration, plus interest and costs of suit. COUNT II UNJUST ENRICHMENT Paragraphs 1 through 16 are hereby incorporated herein by reference as if set forth 17. at length. 18. Plaintiff provided Defendants the sum of $5,000.00 in order for the Defendants to provide the services Plaintiff hired them to perform, having done so to the benefit of Defendants, Defendants became liable to Plaintiff for the just and reasonable amount paid for work that was not performed satisfactorily. 19. The Defendants has been unjustly enriched by accepting the money and not adequately performing the services they were hired to complete. 20. Plaintiffs has demanded that Defendants pay the mounts advanced by Plaintiff but Defendants have failed to do so. WHEREFORE, Plaintiff demands judgment in an amount not in excess of $25,000.00, which amount requires submission of this matter to compulsory arbitration, plus interest and costs of suit. DATE: October 19, 2001 RESPECTFULLY SUBMITTED, BOSWELL, TINTNER, PICCOLA & WICKERSHAM BY: -~Leo~ard Tin~r,-Es~tuire- ' G. Edward Schweikert IV, Esquire Attorney for Plaintiff Judy Jacobs-Williams BBB JUDY JACOBS-WILLIAMS, PLAINTIFF BRAD WELCOMER, CHAD WELCOMER, D/B/A WELCOMER SERVICES, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 01-5678 CIVIL CIVIL ACTION - LAW VERIFICATION I, Judy Jacobs-Williams, Plaintiff, hereby verify that the facts contained in the foregoing Complaint are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom C~--J'f'~s. Williams - falsification to authorities. ~,ju0 JUDY JACOBS-WILLIAMS, PLAINTIFF BRAD WELCOMER, CHAD WELCOMER, D/B/A WELCOMER SERVICES, DEFENDANTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : : NO. 01-5678 CIVIL ; _. ; : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Denise L. Foster, Paralegal, do hereby certify that I have served a true and correct copy of the Complaint on the following: Metho~ervice: First class mail Certified mail Other Michael L. Solomon, Esquire The Locust Court Building 212 Locust Street, Suite 500 Harrisburg, PA 17101 Attorney for Defendants BOSWE INTNER, PICCOLA & WICKERSHAM By: ~' &~ Denise L. Foster, Paralegal DATE: October 19, 2001 IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY CARLISLE, PENNSYLVANIA JUDY JACOBS-WILLIAMS Plaintiff NO. 01-5678 CIVIL vs. Civil Action BRAD WELCOMER, CHAD WELCOMER dlblal WELCOMER SERVICES Defendants TO: JUDY JACOBS-WILLIAMS You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Supreme Court ID 36031 Attorney for Brad Welcomer 212 Locust Street, Suite 500 Harrisburg, PA 17101 (717) 255-7600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CARLISLE, PENNSYLVANIA JUDY JACOBS-WILLIAMS Plaintiff NO. 01-5678 CIVIL vs. Civil Action BRAD WELCOMER, CHAD WELCOMER dlblal WELCOMER SERVICES Defendants ANSWER and NEW MATTER Defendant, BRAD WELCOMER, by his undersigned attorney, hereby answers plaintiff's Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part, denied in part. It is admitted that at all times hereto, Chad Welcomer operated a home improvement business known as Welcomer Services. It is denied that the said business address, at all times hereto, was 26 Oak Lane, Shermansdale, Pennsylvania, and it is denied that defendant, Brad Welcomer operated the said business. 5. Admitted in part, denied in part. It is admitted that in August 2000, plaintiff requested Chad Welcomer to view the bathroom for a remodel job that would entail enlarging the bathroom and expanding into another portion of plaintiff's house, and it is admitted that Brad Welcomer accompanied Chad Welcomer. All the remaining aspects of this averment are denied, as after reasonable investigation Brad Welcomer lacks knowledge or information sufficient to form a belief as to their truth. 6. Admitted in part, denied in part. It is admitted that Brad Welcomer assisted in developing a price quote to remodel the bathroom, and it is admitted that Brad Welcomer believed that work could begin immediately. It is denied that the price quote was for $4,000.00 - $5,500.00. To the contrary, it is averred that the price quote was for $6,500.00 if there were no complications once work commenced. By way of further answer, all parties understood that work could not commence until plaintiff cleared stored items, laundry and bric-a-bat from the area to be remodeled. 7. Denied. After reasonable investigation Brad Welcomer is without knowledge or information sufficient to form a belief as to the truth of this averment. By way of further answer, it is averred that what plaintiff purports to be a copy of a check is actually a checkbook register entry. 8. Denied. After reasonable investigation Brad Welcomer is without knowledge or information sufficient to form a belief as to the truth of this averment. By way of further answer, it is averred that Brad Welcomer is employed full time by the Commonwealth of Pennsylvania as a certified refrigerant technician, and that on August 16, 2000, a Wednesday, was not available to assist Chad Welcomer tJd/b/a Welcomer Services. 9. Denied. After reasonable investigation Brad Welcomer is without knowledge or information sufficient to form a belief as to the truth of this averment. 10. Denied. After reasonable investigation Brad Welcomer is without knowledge or information sufficient to form a belief as to the truth of this averment. 11. Denied. After reasonable investigation Brad Welcomer is without knowledge or information sufficient to form a belief as to the truth of this averment. 12. Denied. After reasonable investigation Brad Welcomer is without knowledge or information sufficient to form a belief as to the truth of this averment. 13. Admitted in part, denied in part. It is admitted only that by November 11, 2000 the renovation was not yet completed in full. All the remaining aspects of this averment are denied, as after reasonable investigation Brad Welcomer is without knowledge or information sufficient to form a belief as to their truth. COUNT I BREACH OF CONTRACT 14. Brad Welcomer incorporates herein by reference paragraphs 1 - 13 above as if the same were set forth herein at length. 15. Denied. The allegations contained in paragraph 15 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. 16. Denied. The allegations contained in paragraph 16 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. WHEREFORE, Brad Welcomer respectfully requests that this Court enter judgment in his favor and against plaintiff for all consequential and incidental damages, including reasonable attorneys fees and costs and such other and further relief as this Court deems just and proper. COUNT II UNJUST ENRICHMENT 17. Brad Welcomer incorporates herein by reference paragraphs 1 - 16 above as if the same were set forth herein at length. 18. Admitted in part, denied in part. It is admitted that any payments by plaintiff were made to Chad Welcomer t/d/b/a Welcomer Services. It is specifically denied that plaintiff paid Brad Welcomer any money. The remaining allegations contained in paragraph 18 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. 19. Denied. The allegations contained in paragraph 19 are conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. 20. Denied. It is denied that plaintiff has demanded that Brad Welcomer pay the amounts advanced by plaintiff, but that he has failed to do so. All the remaining aspects of this averment are denied, as after reasonable investigation Brad Welcomer lacks knowledge or information sufficient to form a belief as to their truth. WHEREFORE, Brad Welcomer respectfully requests that this Court enter judgment in his favor and against plaintiff for all consequential and incidental damages, including reasonable attorneys fees and costs and such other and further relief as this Court deems just and proper. NEW MATTER 21. Brad Welcomer hereby incorporates paragraph 1 - 20 above as if the same were fully set forth herein at length. 22. Plaintiff's complaint fails to state a claim upon which relief may be granted. 23. If a contract exists, said contract was entered between plaintiff and Chad Welcomer tldlbla Welcomer Services. 24. All payments from plaintiff were made to Chad Welcomer. 25. No payments were made to Brad Welcomer; accordingly, no contract exists between plaintiff and Brad Welcomer and plaintiff has not unjustly enriched Brad Welcomer as the result of any payment. 26. Defendant Chad Welcomer t/dlbla Welcomer Services, assisted from time to time by Brad Welcomer, performed all work and provided all material necessary for the expansion of the bathroom up to and including November 15, 2000. 27. On or about November 15, 2000, plaintiff, Brad Welcomer learned that plaintiff did not desire anything further to be done thereon. 28. Plaintiff's actions in preventing the completion of the project estop plaintiff from asserting a claim to the contrary, and plaintiff's action is accordingly barred. 29. If a contract exists between plaintiff and Brad Welcomer, plaintiff's failure to make any payments to Brad Welcomer render the alleged oral contract as failed such that plaintiff's action is barred by the defense of failure of consideration. WHEREFORE, Brad Welcomer demands that judgment be entered in his favor and against plaintiff, together with reasonable attorneys fees and costs and such other and further relief as this Court deems just and proper. Respectfully submitted, Supreme Court ID 36031 212 Locust Street, Suite 500 Harrisburg, PA 17101 (717) 255-7600 VERIFICATION 1, Brad Welcomer, Defendant, hereby verify that the facts contained in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. DATE: November ~z~., 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CARLISLE, PENNSYLVANIA JUDY JACOBS-WILLIAMS Plaintiff VS. BRAD WELCOMER, CHAD WELCOMER dlblal WELCOMER SERVICES Defendants NO. 01-5678 CIVIL Civil Action CERTIFICATE OF SERVICE I, Michael L. Solomon, hereby certify that service of the foregoing Answer and New Matter was upon plaintiff, Judy Jacobs-Williams, by mailing, first class, pastage prepaid, a true copy to the office of his attorney of record, as follows: Leonard Tintner G. Edward Schweikert IV Boswell, Tintner, Piccola & Wickersham P.O. Box 741 Harrisburg, PA 17108-0741 Attorneys for Plaintiff ,., ~1 Mich~ael L. SoT~mon Attorney for Brad Welcomer Date: November ~ , 2001 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 NOaT~ FRONT STREET P.O BOX 741 ~ARRISBURG PA 17108-0741 JUDY JACOBS-WILLIAMS, PLAINTIFF Vo BRAD WELCOMER, CHAD WELCOMER, D/B/A WELCOMER SERVICES, DEFENDANTS : IN THE COURT OF COMMON PLEAS : CUMBEREAND COUNTY PENNSYLVANIA : : NO. 01-5678 CIVIE : : : CIVIl, ACTION - LAW PRAECIPE TO THE PROTHONOTARY: KINDLY reinstatc the Complaint originally filed with this Court on October 22, 2001. RESPECTFULLY SUBMITTED, BOSWELL, TINTNER, PICCOLA & WICKERSHAM BY: Leonard Tintner, Esquire G. Edward Schweikert IV, Esquirc Attorney for Plaintiff Judy Jacobs-Williams DATE: Novembcr 19, 2001 Leonard Tinmer, Esquire Supreme Court I.D. #06859 G. Edward Schweikert W, Esquire Supreme Court I.D. #81976 BOSWELL, T1NTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff JUDY JACOBS-WILLIAMS, PLAINTIFF BRAD WELCOMER, CHAD WELCOMER, D/B/A WELCOMER SERVICES, DEFENDANTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : : NO. 01-5678 CIVIL ; ; ; ; : CIVIL ACTION - LAW ANSWER TO NEW MATTER OF DEFENDANT BRAD WELCOMER Plaintiff, by and through her attorneys, Leonard Tintner, Esquire, G. Edward Schweikert IV, Esquire and Boswell, Tintner, Piccola & Wickersham, presents her Answer to New Matter of Defendant Brad Welcomer as follows: 21. Denied. This paragraph is an incorporating paragraph to which no answer is required. To the extent an answer is required, the allegations of this paragraph are denied. 22. Denied. The averment of this paragraph are conclusions of law to which no response is required. To the extent a response is required, the averments of this paragraph are denied. 23. Denied. Plaintiffspecificallydenies the implication that no contract existed between the parties. Further, Defendant Brad Welcomer held himself out as a representative of Welcomer Services. 24. Admitted. By way of further explination, Plaintiff was instructed to make all her checks payable to Defendant Chad Welcomer by Chad Welcomer. 25. Admitted in part and denied in part. Plaintiff admits that no payments were made directly to Brad Welcomer. By way of further answer, Plaintiffincorporates her answer to Paragraph 23 as if fully reproduced herein. 26. Admitted in part and denied in part. Plaintiff admits that Defendants Chad Welcomer and Brad Welcomer performed all work and provided all materials necessary for the work. Plaintiff denies the implication that Defendant Brad Welcomer "assisted from time to time." By way of further answer, Defendant Brad Welcomer worked at the j ob site continuously with Chad Welcomer and Defendant Brad Welcomer held himself out as a representative of Welcomer Services. 27. Denied. Plaintiff denies that she requested that Defendants stop work at her home. By way of further answer, on or about November 20, 2000, Plaintiff paid Defendant Chad Welcomer an additional sum of money towards the cost of the project. On that same day, Defendants removed all of their equipment fi.om Plaintiff's property and ceased performing any work, despite Plaintiff's numerous requests that they complete the job. 28. Denied. The averment of this paragraph are conclusions of law to which no response is required. To the extent a response is required, the averments of this paragraph are denied. 29. response is required. denied. Denied. The averment of this paragraph are conclusions of law to which no To the extent a response is required, the averments of this paragraph are -2- WHEREFORE, Plaintiff Judy Jacobs-Williams, respectfullyrequests that this Court dismiss Defendant Brad Welcomer's New Matter and enter judgment in favor of Plaintiff. Respectfully submitted, Dated: December 5, 2001 Leo~a~d-Tintr/er, ~squire Supreme Court I.D. # 06859 G. Edward Schweikert IV, Esquire Supreme Court I.D. # 81976 Boswell, Tintner, Piccola & Wickersham 315 North Front Street P.O. Box 741 Harrisburg, PA 17108-0741 Attorneys for Judy Jacobs-Williams -3- VERIFICATION G. Edward Schweikert 1V., Esquire, being duly swom according to law, deposes and says that he is the attorney for Plaintiff, that said Plaintiff carmot make the verification to the foregoing Answer to New Matter because Plaintiff's verification cannot be obtained within the time allowed for filing, and that the facts set forth in the foregoing are tree and correct upon his personal knowledge, information and belief. DATE: December 5, 2001 /' ~. Edx~ar'~d Sc-hw~ikert IV, Esquire CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Plaintiff's Answer to New Matter of Defendant Brad Welcomer by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Michael L. Solomon 212 Locsut Street, Suite 500 Harrisburg, PA 17101 Chad Welcomer 26 Oak Lane Shermansdale, PA 17090 Dated: G/Edward S0~lw~]k~rt-IV, Esquire Leonard Tintner, Esquire Supreme Court I.D. #06859 G. Edward Schweikert IV, Esquire Supreme Court I.D. #81976 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 bl. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff JUDY JACOBS-WILLIAMS, PLAINTIFF BRAD WELCOMER, CHAD WELCOMER, D/B/A WELCOMER SERVICES, DEFENDANTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : NO. 01-5678 CIVIL : CIVIL ACTION - LAW CERTIFICATE OF NOTIFICATION I, G. Edward Schweikert IV, Esquire, do hereby certify that I served the Defendant Chad Welcomer, with the Notice of Intent to Take Default Judgment, sending same by first-class mail, postage prepaid to it, at the following address: Chad Welcomer 26 Oak Lane Shemxansdale, PA 17090 A copy of said Notice is attached hereto. DATE: December 20, 2001 BOSWELL, TINTNER, PICCOLA & WICK~RSHAM ~/G. Edward S~hw~kert IV, Esquire Leonard Tintner, Esquire Supreme Court I.D.//06859 G. Edward Schweikert IV, Esquire Supreme Court I.D. #81976 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff JUDY JACOBS-WILLIAMS, PLAINTIFF BRAD WELCOMER, CHAD WELCOMER, D/B/A WELCOMER SERVICES, DEFENDANTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : : NO. 01-5678 CIVIL : CIVIL ACTION - LAW NOTICE TO: CHAD WELCOMER, DEFENDANT DATE: DECEMBER 20, 2001 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 (10) days fzom 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Ave. Carlisle, PA 17013 (800) 990-9108 AVIS0 IMPORTANTE A: CHAD WELCOMER, DEFENDANT FECHA DEL AVISO: DECEMBER 20, 2001 USTED ESTA EN REBELDIA porque ha fallado de tomar la accion requerida cneste case. A mcndo que ustcd tome accion dent ro dc los proximos dicz (10) dias de la fecha dc este aviso, se puede dictar un fallo en contrac suya sin llevarse a cabo una vista y usted puede perdcr su propiedad y otros dcrechos importantes. Usted debe llevar est¢ documento immediatamente a su abogado. Si ustcd no tiene un abogado o no pucdc pagar uno, vaya o llame la oficina abajo indicada para que le informen dondc puedc consequir ayuia legal. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Ave. Carlisle, PA 17013 (800) 990-9108 Leonard Tinmer, Esquire Supreme Court I.D. #06859 G. Edward Schweikert IV, Esquire Supreme Court I.D. #81976 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff JUDY JACOBS-WILLIAMS, PLAINTIFF BRAD WELCOMER, CHAD WELCOMER, D/B/A WELCOMER SERVICES, DEFENDANTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : NO. 01-5678 CIVIL : CIVIL ACTION - LAW PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Attorney's Verification to Plaintiff's Reply to New Matter filed with the Court on December 6, 2001. BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: Leonard ;rinlm4, Es~'uire~ - G. Edward Schweikert IV, Esquire Attorneys for Plaintiff DATE: December 20, 2001 VERIFICATION I, Judy Jacobs-Williams, Plaintiff, hereby verify that the facts contained in the foregoing Answer to New Matter are tree and correct to the best of my knowledge, infonnation and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Dated: CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Plaintiff's Praecipe to Substitute Verification by placing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Michael L. Solomon 212 Locsut Street, Suite 500 Harrisburg, PA 17101 Chad Welcomer 26 Oak Lane Shermansdale, PA 17090 Denise L. Foster, Paralegal Dated: December 20, 2001 Leonard Tinmer, Esquire Supreme Court I.D. g06859 G. Edward Schwaikert IV, Esquire Supreme Court I.D. #81976 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Ha~isburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff JUDY JACOBS-WILLIAMS, PLAINTIFF BRAD WELCOMER, CHAD WELCOMER, D/B/A WELCOMER SERVICES, DEFENDANTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : : NO. 01-5678 CIVIL : CIVIL ACTION - LAW AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN : Denise L. Foster, Paralegal, being duly sworn according to law, deposes and says that I am a competent adult, and that I mailed a copy of the Complaint on November 20, 2001, by both certified mail and regular mail to the Defendant. The Defendant refused to sign for the certified mail as evidenced by the copy of the returned mail received December 4, 2001, attached as Exhibit "A." A copy of both envelopes forwarded to Defendant Chad Welcomer is attached hereto as Exhibit "B." Sworn to and subscribed before ~s /~'~--4a~"ofDecember, 2001. Notary Public Notadel Soa~ Denise L. Foster > > Leonar~ Tinmer, Esquire Supreme Court I.D. g06559 G. Edward Schweikert IV, Esquir~ Suprem~ Cour~ I.D. #81976 BOSWELL, TiNTNER, ?ICCOLA & WICKERSHAM 315 N. Front $~rect PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 At.heys for Plaintiff JUDY JACOBS-WILLIAMS, PLAINTIFF BRAD WELCOMER, CHAD WELCOMER, D/B/A WELCOMER SERVICES, DEFENDANTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : : NO. 01-5678 CIVIL ; ; ; ; : CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: KINDLY ENTER JUDGMENT in favor of Plaintiff and against the Defendant Chad Welcomer, in the amount of $8,000.00, plus in.~ter,est at the legal rate of 6% and costs of suit, for failure to answer a properly endorsed complaint. The 10--Day Notice was given to Defendant Chad Welcomer on December 20, 2001. A copy of the Notice is attached hereto as Exhibit "A". BOSWELI~I~INTNER, PICCOLA & WICKERSHAM ./Leonard Tintner, Esquire DATE: January 9, 2002 Leonard Tinmer, Esquire Supreme Court I.D. g06859 G. Edward Schweikert IV, Esquire Supreme Court I.D. #81976 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff JUDY JACOBS-WILLIAMS, PLAINTIFF BRAD WELCOMER~ CHAD WELCOMER, D/B/A WELCOMER SERVICES, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 01-5678 CIVIL CIVIL ACTION - LAW CERTIFICATE OF NOTIFICATION I, G. Edward Schweikert IV, Esquire, do hereby certify that I served the Defendant Chad Welcomer, with the Notice of Intent to Take Default Judgment, sending same by first-class mail, postage prepaid to it, at the following address: Chad Welcomer 26 Oak La.ne Shermansdale, PA 17090 A copy of said Notice is attached hereto. DATE: December 20, 2001 BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: . iAc , (z,_ iix ,- G. Edward Schwe~kert IV, Esquire Leonard Tinmer, Esquire Supreme Court I.D. #06859 G. Edward Schweikert IV, Esquire Supr¢~ Court I.D. #81976 BOSWELL, TINTNER~ PICCOLA & WICICERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff JUDY JACOBS-WILLIAMS, PLAINTIFF Vo BRAD WELCOMER~ CHAD WELCOMER, D/B/A WELCOMER SERVICES, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 01-5678 CIVIL CIVIL ACTION- LAW NOTICE TO: CHAD WELCOMER, DEFENDANT DATE: DECEMBER 20, 2001 YOU ARE IN DEFAULT BECAUSE YOU have failed to enter a written appearance personally or by attorney and file in ~vriting with the Court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this Notice, a Judgment may be entered against you without a heating and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Ave. Carlisle, PA 17013 (800) 990-9108 AVISO [MPORTANTE A: CHAD WELCOMER, DEFENDANT FECHA DEL AVISO: DECEMBER 20, 2001 USTI:D ESTA EN REBELDIA porque ha fallado de tomar la accion requerida en este case. A mendo que usted tome accion dent ro de los proximos diez (10) dias de la fecha de este aviso, se puede dictar un fallo en contrac suya sin llevarse a cabo una vista y usted puede perder su propiedad y otros derechos importantes. Usted debe llevar este documento immediatamente a su abogado. Si usted no tiene un abogado o no puede pagar uno, vaya o ilame la oficina abajo indicada para que le informen donde puede consequir ayuia legal. CUWiBERLAN'D COUNTY BAR ASSOCIATION 2 Liberty Ave. Carlisle, PA 17013 (800) 990-9108 JUDY JACOBS-WILLIAMS, PLAINTIFF BRAD WELCOMER, CHAD WELCOMER, D/B/A WELCOMER SERVICES, DEFENDANTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : : NO. 01-5678 CIVIL ; ; ; : CIVIL ACTION - LAW TO: CHAD WELCOMER, DEFENDANT You are hereby notified that on January ,2002, judgment has been entered against you in the above-captioned ease in the amount of $8,000.00, plus interest at the legal rate of six (6%) percent, plus costs of suit. DATE: January__, 2002 Prothonotary I hereby certify that the following is the address of the Defendant stated in the Certificate of Residence: Chad Welcomer 26 Oak Lane Shermansdale, PA 17090 TO: CHAD WELCOMER, DEFENDANT Pot estc medio se le esta notificando que el January antodo en contra suya en el caso mencionado en el epigrafe. ,2002, el siguiente Fallo ha sido FECHA: January ,2002 Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Chad Welcomer 26 Oak Lane Shermansdale, PA 17090 JUDY JACOBS-WILLIAMS, PLAINTIFF BRAD WELCOMER, CHAD WELCOMER, D/B/A WELCOMER SERVICES, DEFENDANTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : : NO. 01-5678 CIVIL ; ; ; ; : CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE I hereby certify that the addresses of the parties in the above-captioned action are as follows: Judy Jacobs-Williams 3740 Spring Road Carlisle, PA 17013 Plaintiff Chad Welcomer 26 Oak Lane Shermansdale, PA 17090 Defendant BOSW~ELL, TINTNER, PICCOLA & WICKERSHAM ~se L. Foster, Paralegal WILLIAM H. MARTIN, JR. Petitioner EMILY E. MARTIN, Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01-6077 CIVIl, TERM : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S REPLY TO DEFENDANT'S COUNTERCLAIM IN DIVORCE AND NOW, comes William H. Martin, Jr., by and through his attorney, Kirstin M. Sweigard, Esquire, and files this Reply to Defendant's counterclaim in Divorce: 1. Denied. It is specifically denied that Defendant is unable to sustain herself completely during the course of litigation. By way of further response, Defendant is employed full time and co-habitates with a member of the opposite sex 2. Denied. It is specifically denied that Defendant lacks certain property to provide completely for her reasonable needs and is unable to sustain herself through appropriate employment. By way of further response, Defendant is employed full-time and co-habitates with a member of the opposite sex. 3. The Plaintiff requests this Honorable Court deny Defendant an award of spousal support and/or alimony pendente lite and alimony. WHEREFORE, Plaintiff respectfully requests this Honorable Court deny Defendant's claim for spousal support and/or alimony pendente lite and alimony. Respectfully submitted, Kirstin M. Sweigard, Esqui/~ THOMAS & ASSOCIATES 3111 N. Front Street Harrisburg, PA 17110 (717) 541-9979 ID No. 83801 Attorney for Plaintiff WILLIAM H. MARTIN, JR. Petitioner EMILY E. MARTIN, Respondent : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 01-6077 CIVIL TERM : : CIVIl. ACTION - LAW : IN DIVORCE VERIFICATION I, William H. Martin, Jr., verify that the statements made in this Reply to Defendant's Counterclaim are tree and correct to the best of my knowledge, info.~ation and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: ~'--~; - ~ & ~ 'Ir.~William H. Martin, WILLIAM H. MARTIN, JR. Petitioner EMII.Y E. MARTIN, Respondent : IN ~ COURT OF COMMON PLEAS : CUMBERI,AND COUNTY, PENNSYLVANIA : No. 01-6077 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 6th day of September 2002, the undersigned hereby certify that she did this date serve a copy of the foregoing Reply to Defendant's counterclaim upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Mark C. Duffle, Esquire 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 THOMAS & ASSOCIATES JUDY JACOB-WILLIAMS, PLAINTIFF Ve BRAD WELCOMER, CHAD WELCOMER, D/B/A WELCOMER SERVICES, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5678 CIVIL 19 CIVIL ACTION - LAW 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: G. EdWard Schweik~-rt--; TV ~ F,.~q - , counsel for the plaintiff/defendn,~t 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 $ 8 - 0 0 0.0 0 The counterclaim of the defendant in the action is .... The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: __ G. Edward Sehwelk~r~- TV; Michael L. Solomon WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AN'" "'""" ~.,~--F/~ ,/~ ~.~0 ,~ consi~ration of the/ Esq., and .5~//'~_! ~.4/'_~60/.~/~/"., Esq., are appointed arbitrators in the above captioned ac.on ,or actions) as p'rayed for/ ' JUDY jACOB-WILLIAMS, PLAINTIFF Vo BRAD WELCOMER, CHAD WELCOMER, D/B/A WELCOMER SERVICES, DEFENDANT : IN THE cOURT OF cOMMON PLEAS OF : CUMBERLAND cOUNTY, PENNSYLVANIA : : NO- 01-5678 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this /~ay of December, 2002, the appointment of Douglas M. wolfberg, Esquire, as an arbitrator in the above referenced action is hereby vacated as to him. Stephen O. Fugett, Esquire is now designated Arbitrator. BY THE COURT: ATTORNEY FOR PLAINTIFF: G. Edward Schweikert, IV, Esquire 315 North Front Street, P.O. Box 741 Harrisburg, PA 17108 Allen C. Welch, Jr., Esquire 1400 N. Second Street Harrisburg, PA 17102 ITRATOR: Stephen O. Fugett, Esquire 37 E Pomfret Street Carlisle, PA 17013 Court Administrator Cumberland County courthouse One courthouse Square Carlisle, PA 17013 ATTORNEY .FOR DEFENDANT: Michael L. Solomon, Esquire 212 Locust Street, Suite 500 Harrisburg, PA 17101 ARBITP~%TOR: Douglas M. wolfberg, Esquire 5010 E. Trindle Road, suite 202 Mechanicsburg, PA 17050 Prothonotary (Posted) Cumberland county Courthouse One Courthouse Square Carlisle, PA 17013 In .The Court of Common Pleas of Cumberland County, Pennsylvania OATH We do soi;~nly swear (or affirm) ~hat we will support, obey and defend the Constitution of the United States and the ConstiEuElon of this Comanon- wealth and ghat we will discharge the duties of ou/._pffi~a, with ideliEy. We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If d~m~ges for delay are awarded, they shall be separately stated.) applicable. ) Date of Hearing: Date of Award: · Arbitrator, dissents. (Insert name if NOTICE OF ~-NTRY OF AWARD award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. paid upon appeal: .r notary Deputy Leonard Tintner, Esquire Supreme Court I.D. #06859 G. Edward Schweikert IV, Esquire Supreme Court I.D. #81976 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N, Front Street PO Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Plaintiff JUDY JACOBS-WILLIAMS, PLAINTIFF BRAD WELCOMER, CHAD WELCOMER, D/B/A WELCOMER SERVICES, DEFENDANTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : : NO. 01-5678 CIVIL : : CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: KINDLY ENTER JUDGMENT in favor of Plaintiff and against the Defendant Brad Welcomer, in the amount of $6,613.14, plus interest at the legal rate of 6% and costs of suit, pursuant to the Award of Arbitrators, dated December 16, 2002. I hereby certify that no appeal has been made. BOSWELL, TINTNER, PICCOLA & WICKERSHAM / G. Edward/Schweiker} I~, Esquire DATE: January 17, 2003 In !fhe Court of Common Pleas o'f Cumberland County, Pennsylvania OATH We do solemnly swear (or affirm) chat we will suuoort, obey and defend the Constitution of the United States and the Constit~iou of t~i Common- wealth and chat we will discharge the duties of ou~-Pff~ idelicy. We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If da~.~ges for delay are awarded, separately stated.) they shall be Arbitrators* compensation Co be paid npon appeal: $ ~.~ applicable.) Date of Hearing: !~l~ ~? award was entered upon the docket and notice ~hereof given by mail to the parties or their attorneys. ' Deputy JUDY JACOBS-WILLIAMS, PLAINTIFF Vo BRAD WELCOMER, CHAD WELCOMER, D/B/A WELCOMER SERVICES, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 01-5678 CIVIL CIVIL ACTION - LAW TO: BRAD WELCOMER, DEFENDANT You are hereby notified that on January 17, 2003, judgment has been entered against you in the above-captioned case in the amount of $6,613.14, plus interest at the legal rate of six (6%) percent, plus costs of suit. DATE: January 17, 2003 Prothonotary I hereby certify that the following is the address of the Defendant stated in the Certificate of Residence: Brad Welcomer 617 Dellville Road Duncannon, PA 17020 TO: BRAD WELCOMER, DEFENDANT Pot este medio se le esta notificando que el January 17, 2003, el siguiente Fallo ha sido antodo en contra suya en el caso mencionado en el epigrafe. FECHA: January 17, 2003 Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Brad Welcomer 617 Dellville Road Duncarmon, PA 17020 JUDY JACOBS-WILLIAMS, PLAINTIFF BRAD WELCOMER, CHAD WELCOMER, D/B/A WELCOMER SERVICES, DEFENDANTS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA : : NO. 01-5678 CIVIL : _. _. _. : CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE I hereby certify that the addresses of the parties in the above-captioned action are as follows: Judy Jacobs-Williams 3740 Spring Road Carlisle, PA 17013 Plaintiff Brad Welcomer 617 Dellville Road Duncannon, PA 17020 Defendant BOSWELL, TINTNER, PICCOLA & w% sT Denise L. Foster, Paralegal