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Home My WebLink About01-0851 FX '" ,-, ___,.'i<: , ~ ' ,-," ~^ ,<,' " ",,'. >~h'''-_, ,- - _N '- ,-,'-~',h--, ,_,,' " ,,, ,i',',- -- '"..~_ "",'::C-,'",'" ";..~ ,_",C '\' , r '. , JOHN T. STANDLEY and ANNIE STANDLEY, husband and wife, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : NO. 0/. liS/ ~ MARK RENDE t/a MARK RENDE PAINTING, Defendant : CNIL ACTION - LAW : ARBITRATION NOTICE 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 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 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17043 (717) 249-3166 ~-"~. -, ,,--~~,- ^ ,~ "~ _' . '" ";' 0-, , -',,' _ , . "''-".'- --" .-" - - ----,,,;. -'~"~ "~ ". .- A14,.- JOHN T. STANDLEY and ANNIE STANDLEY, husband and wife, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : NO. MARK RENDE t/a MARK RENDE PAINTING, Defendant : CIVIL ACTION - LAW : ARBITRATION NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted Debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo a viso 0 notificacion, y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, V AY A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17043 (717) 249-3166 M~ ,-",--,--,- ---",,",- ,,",- ,'- ""~'--,, - ," "_cl" ;-,,-,-"--- ",-,'- ,~' .,"; :$' JOHN T. STANDLEY and ANNIE STANDLEY, husband and wife, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. : NO. OJ' PSI ~-r~ MARK RENDE t/a MARK RENDE PAINTING, Defendant : CIVIL ACTION - LAW (ASSUMPSIT) : ARBITRATION COMPLAINT COME NOW the Plaintiffs, John T. Standley and Annie Standley, husband and wife, by and through their attorneys, Caldwell & Kearns, and file the within Complaint and in support thereof aver the following: 1. Plaintiff, Jolm T. Standley, is an adult individual residing at 2849 Myrtle Drive, Mechanicsburg, Pennsylvania 17055. 2. Plaintiff, Annie Standley, is an adult individual residing at 2849 Myrtle Drive, Mechanicsburg, Pennsylvania 17055. 3. Defendant, Mark Rende t/a Mark Rende Painting, is an adult individual with a business address of 64 Meadowbrook Court, New Cumberland, Pennsylvania 17070. 4. On August 2, 2000, Defendant Rende offered to paint designated interior areas ofthe Standleys' home in exchange for compensation of Fourteen Thousand One Hundred Twenty ($14,120.00) Dollars. ~ -' ,-' ~':~-.' _~ .-.-:i::J".,,;;,, ~-,,-,_,:,.:" 'C;"_:<'_:--' - .'-' ..~'.'illE< 5. On the aforesaid date, the Standleys accepted Defendant Rende's offer. A true and correct copy of the August 2, 2000 contract is attached hereto, and incorporated herein, and marked as Exhibit "A". 6. Said contract instructed that the sums due under its terms would be remitted by the Standleys in three separate installments, in the manner provided as follows: one-third (1/3) payment at execution of the contract; one-third (1/3) payment at fifty percent (50%) completion ofthe designated work; and, the balance to be paid upon completion of the project. See (Exhibit "A".) 7. Payments pursuant to the contract terms were staggered to ensure that Defendant Rende possessed sufficient funds to purchase the required paint and supplies. 8. Pursuant to the contract terms, the Standleys remitted payment to Defendant Rende in the amount of Four Thousand Seven Hundred ($4,700.00) Dollars on August 2, 2000, the date of execution. 9. In addition to the written contact language, which did not contain an integration clause, Defendant Rende verbally promised that the work would be completed by the close of September, 2000. 10. Defendant Rende commenced painting in several rooms; however, as of early September 2000, only one room had been fully completed. 2 ;,:,,-, ",p- , ., ~~; - ~-"'. , ,_, __~_',L:',J;' "~,,,,n ,,~ ,'C ~ ;c,~ ;,,_ -' ,- ,- -C','.; ~ , ~" '-_ .~~- 11. Despite the slow pace of work, Defendant Rende did, on September 7, 2000, request that Annie Standley remit to him an additional $2,350.00, which purportedly was to finance the purchase of additional supplies. 12. On the aforementioned date, Defendant Rende had not completed one-third (1/3) of the work for which the parties had contracted, and accordingly, he was not entitled to receipt of any additional funds under the terms of the contract. 13. Nevertheless, the Standleys agreed to advance Defendant Rende the requested $2,350.00 in exchange for the latter's promise to devote his full time and effort to the house until the rooms on the top floor were completed. 14. Subsequent to September 7, 2000, however, Defendant Rende did not, in fact, return to the Standley's home to complete the work for which the parties had contracted. 15. At the close of September, 2000, the project remained less then one-third (1/3) complete. 16. The Standleys, dissatisfied with Defendant Rende's poor to non-existent service, requested that he agree to terminate the contract and to repay the advanced sums, less the fees he had earned. 17. On October 17, 2000, Defendant Rende and the Standleys agreed to terminate the parties' mutual obligations under the August 2, 2000 contract. A true and correct copy ofthe October 17, 2000 Agreement is attached hereto, and incorporated herein, and marked as Exhibit "B". 3 _J - " 'L' - '"- - , ;~ -~ ' "" c" ,Co_C. ,_ _",___ _ -, -d ,_,,~-'-~:' - :_,1- J'~ -,," ----~"- '''-. .-k1; 18. Said Agreement provided further, in pertinent part: a. That Defendant Rende owed Jolm and Annie Standley Four Thousand One Hundred and Fifty Dollars ($4,150.00); t b. That Defendant Rende would make every possible effort to repay the entire amount by November 15, 2000; c. That no interest would accrue on any amounts which were repaid by November 15,2000; d. That a ten percent (10%) penalty would be assessed upon the outstanding balance as of November 16, 2000; e. That Defendant Rende would, subsequent to November 15, 2000, owe the Standleys an additional amount, reflecting interest on the balance owed at a rate oftwelve percent (12%) per annum; and f. That if Defendant Rende failed to remit the entirety of the sums owed to the Standleys by January 15, 2001, the Standleys would be free to pursue whatever legal rights they had available, as against Defendant Rende. See (Exhibit "B".) 19. The Standleys paid out $7,050.00 to Defendant Rende prior to cancellation of the contract. 20. The parties determined that Defendant Rende earned $2,380.00 for the benefit which he had bestowed upon the Standleys, which sum was deducted from the $7,050.00 figure. t Due to a calculation error, the amount recited was incorrect. The correct amount owed is actually $4,200.00. 4 "'" - -'-~'- -- ,r,,; ;,j,'~;';:'~O~;",,,r,,;-,,;,;_it,~,y,,;;; _-" 'h-'-~, ,:..>..., . 1--1~;:" 21. Defendant Rende also remitted $200.00 to the Standleys on October 17,2000, upon execution of the Agreement, which was sum was also deducted from the $7,050.00 figure. 22. The Standleys also purchased the remaining unused paint from Defendant Rende for $270.00, which sum was also deducted from the $7,050.00 figure. 23. Subsequent to execution ofthe October 17, 2000 Agreement, but prior to November 15, 2000, Defendant Rende further remitted payment of $150.00 to the.Standleys, which sum was also deducted from the $7,050.00 figure. 24. On November 16,2000, Defendant Rende owed the Standleys $4,050.00, in principal. 25. As of November 16, 2000, Defendant Rende has incurred the ten percent (10%) late fee provided for by the Agreement of October 17, 2000 and is subject to interest accrual at the twelve percent (12%) rate so designated. 26. As of the date this Complaint was filed, Defendant Rende has failed to remit any further payments to the Standleys. 27. Defendant Rende is in breach of his contractual obligations under the October 17, 2000 Agreement, and pursuant to that Agreement, the Standleys may now pursue the appropriate remedies at law to remedy Defendant Rende's breach. WHEREFORE, Plaintiffs, John T. Standley and Annie Standley, demand judgment against Defendant Mark Rende t/a Mark Rende Painting, in the amount of $4,455.00 (which sum represents the principal owed under the October 17, 2000 Agreement, less appropriate credits, 5 " , ~-, '~ " _" 'r. -r__.' _'.C_ ,. ',-"" ,',' ,.,i;,.."" -o~ ,_-j __,';" i;" , o c']" ",-::.,~, .c. _, ; -; ~'-'-:,~ " ilii': plus the ten percent (10%) late fee) together with interest at the agreed upon rate of twelve percent (12%), and costs, attorneys' fees and any other remedy that this Honorable Court deems just and appropriate. Respectfully subrnitted, Dated: C>t. /1 Z- Ie> I . J 00722/19059 CALDWELL & KEARNS ~L", Attorney ID# 27115 Douglas E. Herman, Esquire Attorney ID# 86569 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiffs, Jolm T. and Annie Standley ~ 6 , , , " . ,~~ , 0>-- " " 1-" ..)c~ ,", -~"- . c,. . " , ,-"- , . 0'" "--- . , VERIFICATION We, John T. Standley and Annie Standley, verify that the averments in the foregoing Complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa, C.S, 94904, relating to unsworn falsification to authorities, Date: 2/8/01 ----1-- ,~ John T. Standley Date: 2/8/01 ~~ Annie Standley - ~, , '" -" ".,-, -, " .., ~ ~ .~~~~,;~'-,j- {117}-774-7755{717}319-3646 Mark Rende Painting 64 Meadowbrook Court New CumberIandPA 17070 ~., . . , _l, "'_ __ . Invoice I:~ 1009 08102100 ~~l~ Customer Mr. & MIs. Standley 2849 Myrtle Drive M:cbanicsburg PA 17055 Job Location Mr, & Mrs. Standley 2849 Myrtle Drive Mecbanicsburg PA 17055 Contact Mr. & MIs. Standley Office 214-8857 Residence 766-5660 Cell Fax ~ Description Amoont Interior Painting: Areas to be Painted all interior doors all closets all windows master bedroom,ceiling, walls, woodwork master baIh,ceiling, walls, woodwork spare bedroom,ceiling, walls, woodwork baby room,ceiling, walls, woodwork hall balh,remove rest ofwallpaper,remove wall tile, ceiling, waIls, woodwork guest room,ceiling, walls, woodwork Jake's room,ceiling, woodwork 1aundry room,ceiling, walls,woodwork hallwdy,ceiling, walls,woodwork, wallpaper to stay foyer,ceiling, walls,step fuces,spindles, woodwork Iivingroom,ceiling, walls, woodwork,2 book shelves office,ceiling, woodwork dining room,remove wallpaper,ceiling, walls, woodwork,2 book shelves ,~..""'"., , . "' >'. ""-_I -~, ~- ;,;.'~,",,,, '~ -"",~'-',j,"LC"ji{ {717}-774-7755{717}379-3646 Mark Rende Painting 64 Meadowbrook Court New CnmberbmdPA 17070 ~,~ ~ IBvoice I~ 1009 08102/00 ~2~ Customer Mr. & MIs. Standley 2849 Myrtle Drive Mecbanicsburg PA 17055 Job Location Mr. & MIs. Standley 2849 Myrtle Drive Mecbanicsburg PA 17055 I Contact Mr. & Mrs. Stand1ey Office 214-8857 Residence 766-5660 Cell Fax ~ Description AmoIIDt butlers pantry,ceiling, walls, woodwork powder room,ceiling, woodwork hallway,ceiling, walls, woodwork guest bedroom,remove wallpaper,ceilings, walls, woodwork bathroom,remove border,ceilings, walls, woodwork mud room,ceilings, walls, woodwork dinett,ceiling, walls, woodwork stairwlIy,ceiling, walls,woodwork,spindals,step fuces den, walls, woodwork,bookshelves stairwlIy to basement ,ceiling, walls, woodwork weight room, walls, woodwork bathroom, walls, woodwork kitcken, walls,woodwork,cabnits main basement area, walls, woodwork,bookshelves,seat cabnits 6 window shutters total Price Includes: all paint and supplies to complete work total prep work on all areas to be painted , .ii...... ~- '.1 - "-,.,", ,'-" ~,- {717}-774-7755{717}379-3646 . Mark Rende Painting 64 Meadowbrook Court New CnmberIandPA 17070 ~ IBvoice Number Date 1009 08102100 ~3~ Customer Mr. & Mrs. Stand1ey 2849 Myrtle Drive Mecbanicsburg PA 17055 Job Location Mr. & Mrs, Standley 2849 Myrtle Drive Mecbanicsburg P A 17055 I Contact Mr. & MIs. Stand1ey Office 214-8857 Residence 766-5660 Cell Fax ~ Description A1m1UDt Tearms: 113 down, 113 towards 50"10 completion,balance at completion Authorized Signatore ~.,;: 4Jl! Date <j - Z - CJ(f Acceptance ofPerposal: ~ ~r:vDllte f / {-ov 14,120.00 AmountPaid 4,700.00 ~ "ltl~k Amount Due 9,420.00 -V'2, 1-;--0 TOTAL $14,120.00 --~,""",- I" _ , , "'~ -I- , - ~- - . .,",~ !i,HlliII~r- ---- I, Mark Rende, owe John and Annie Standley four thousand one hWldred and fifty dollars ($4,150.00). I owe this money because I agreed to terminate my painting contract number E103 with John and Annie dated August 2,2000 and I am unable to repay to them the Wlearned portion of the deposit ($4,150.00 Wlearned of the $7,050.00 deposit) they paid me Wlder the August 2,2000 contract. 1, Mark Rende, will repay the entire $4,150.00 as quickly as I can and I will make every possible effort to repay the entire amoWlt by November 15, 2000. 1 understand that the amoWlts I received from John and Annie were a deposit for a job that was not completed. I further understand that John and Annie do not want to lend me money, but I am Wlable to repay the unearned deposit at this time. Accordingly, John and Annie have agreed to let me repay them by November 15,2000. John and Annie have agreed not to charge me interest on any lUllounts I repay by November 15, 2000. If on November 16, 2000, any balance remains outstanding, I, Mark Rende, will pay John and Annie Standley a penalty of 10% of the outstanding balance on that date. 1 will owe John and Annie Standley interest on any unpaid amount as of November 16,2000 and thereafter (including any penalty amounts) at an annual interest rate of 12% that will accrue each day on any unpaid amount until all amounts owed under this letter agreement are repaid. An example of how the penalty will be calculated and interest accrued is attached to this letter. If any amounts remain unpaid by me as of January 15,2001, then John and Annie Standley will be free to pursue whatever legal rights they have against me for not repaying the amounts owed and John and Annie may be entitled to additional amounts for legal fees and damages. Interest will continue to accrue on the unpaid amounts until all amounts, including interest and penalties, are repaid by me to John and Annie Standley. By signing below I agree to the terms of this letter. ~-4.# Mark Rende Date lo/n / 00 <1.....,./A IC.Jn/ov John S;amlVey Date "" i I. ~--"~ L . €.X"".M-p'-' .-# nO '?-l~ ,,,..,,,, "<l ~...:~ ~ 004"'-yo.."",~,,,,~.'2Io<c -r:): ~ ~ , ( ., ,\?'" "'-""0-' ~ ..,.., VVl.c."l.. +0 '"5'""",_ v'-~ "'M....-<J J +~ ~k r"'I\...-v:~ c...-"",,^-). ..........., ~ ~ """'-~ . ',.....'" ,..... \"1...........I'^~'::l "..x:c.-'l....... ,.."to. Y'-'..........Cl~ - - ',\-0 - -- ON ~.....~ '-'S/-z...,.,~, l'V\......~ _....,~ """"'" -low. h"..",,,",,-':) ~'M..1. ~ -t~ ~""""...yrJ,,\ I, \ Q<:l -rt.........:A\'^"::) ~'""- .:. ~~t' -().4~ 1'%0..,.... I~ 2- '~I\ Al'\>'l"..jl ~^~1'\.-'T ..,.. ~"":)... '''''\-to'' -1 f ',II \ ~""'<NA.l- """'-~ -<Vl Ol\!,,",~ \-{I ~o -.J....b,.- <:'''<0'',4\'\ , - .1Ji::'2AMiiI,'fj'- ~, ~,-~. ~I. " " , - ~ , I, " " ~:!;", 4 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-00851 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STANDLEY JOHN T ET AL VS RENDE MARK ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: RENDE MARK but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 2nd , 2001 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18,00 Out of County 9.00 Surcharge 10.00 Dep. York Co 67.33 ,00 104.33 03/02/2001 CALDWELL & KEARNS So ? R. Triomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 1.-/5 day of 7ha.uJ.J :2fHJ / A.D, ~~ (2 ~ ArJf Prothonotary , ,.......J ~ .- , I ~~r." ... S~ERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-00851 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STANDLEY JOHN T ET AL VS RENDE MARK ET AL R, Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: RENDE MARK, T/A MARK RENDE PAINTING but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 2nd , 2001 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 ,00 .00 16,00 03/02/2001 CALDWELL & KEARNS ~~~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this (" ~ day of ~ ..2utJ ( A.D. ~[)~ . pr~thonotary~ COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE C~LL (717) 771-9601 28 EAST MARKET ST., YORK, PA 17401 INSTRUCTIONS PLEASE TYPE ONLY LINES 1 TO 12 DO NOT DETACH ANY COPIES. 2.COUATNUMBER 01-851 Civil 4. TYPE OF WRIT OR COMPLAINT Notice & Complaint in Arbitration SERVE { 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO ERVE OR DESCRIPTION OF PROPERTY TO.6E LEVIED, ATTACHED, OR SOLD. . ~~MMX~XX~XMMNX*~ Marke Rende, . . 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., CITY, BORC, TWP., STATE AND ZIP CODE AT 64 Meadowbrook Court, New Cumberland, FA 17070 ?INDICATE SERVICE: Cl PERSONAL Cl PERSON IN CHARGE tOEPlITlZECum~~l.fl!.~Jdu NOW 2/1.1/0] 19_I,SHERIFFOF~U ,8 Vork COUNTY 10 ex to law. This deputation being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1. PLAINTIFF/Sf John T. 3. DEFENDANT/SI Standley Tumberland PAID BY CUMBERLAND COUNTY SHERIFF NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same wilhouta watchman, in custody of whomever Is found in possession. after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff 10 any 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 11. DATE FILED ~ JAMES L. GOLDSMITH, ESQ. 3631- N. FRONT ST.. HARRISBURG, PA 17110-1533 (717) 232-7661 2/12/01 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND COUNTY SHERIFF SPACE BELOW FOR USE OF THE SHERIFF ONLY- DO NOT WRITE BELOW THIS LINl: SIGNATURE OF AUTHORIZED CLERK 14. Date Received POEt ) 2/16/01 SHERIFF'S OFF ( ) Expiration/Hearing Dat~ 3/14/01 13. I acknowle.dge receipt of the writ or complaint as indicated above. J. LUDWIG 16. HOW SERVED: PERSONAL: RESIDENCE ( ) POSTED ( ) SEE REMARKS 22. REMARKS: 41.AFFI 42. day of ~h0 01 43. 46. Signature of Foreign MY CO ISSION EXPIRES Coun Sherjff 50.1 ACKNOWLEDGE RECEIPT 0 THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE -Issuing Authority 2. PINK -Attomey 3. CANARY - Sheriffs Office 4. BLUE ~ Sheriff's Office 49. Dale 51. Date Received 'Mii~!iiI'ii!'il!l\liPj1i!~'lil~,j-,-.",!;',(-h\.(\1~\hilil',!oIl'4~~~-C;*flff.~Q@:ikW'":,'.p~,!'_i', :';";"'\""'-"',_,";"wl;>,~'~i,hf!1)",i~,,,,,b>:~'llll.~~~~~'~ x Cl T IJ J o Sf BjJ ro . . , V'd ')fIJQ), ,U!U3HS .::10 .., (1- ,';:,01.::1.::10 " ,,::lit/303M " 11. ""=~ . n "~""iI~;i,: I!!J . . '" , ....., COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 J (2 of 2) 28 EAST MARKETsT, YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN INSTRUCTIONS PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1. PLAINTIFF/Sf JOHN T. STANDLEY, ET AL SERVE .. AT { MARK RF.NDR PATNTTNG 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORC, TWP., STATE AND ZIP COO'E) - 64 MEADOWBROOK CT. , NEW CUMBERlJIND, PA 17070 o PERSONAL 0 PERSON IN CHARGE 0 DEPUTIZE 0 CER"'(. MAIL q 1ST CLASS MAIL o POSTED o OTHER 7. INDICATESERVICE: ,20_ I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of ~OUNIY to_execute this Writ and make return thereof according to law. This deputization being made at the request and risk of the plaintiff. NOW SHERIFF OF YORK COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: OUT OF COUNTY CUMBERLAND NOTE: ONL Y"APPl.ICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN - Any deputy sheriff levying upon Of attaching any property under within Writ may leave same without a watchman, in custOdy of whomever is found in possession, after notifying person of levy or attachment, without liability on the partof such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of AITORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED JAMES L. GOLDSMITH, ESQ. 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (ThiS area rl:lust be c.ompleted if notice IS to b.e mailed), SPACE BELOW FOR USE OF THE SHERiFF - DO NOt WRITEBE[OW THIS LINE 13. I acknowle.dge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above, J. LUDWIG 2/16/01 3/14/01 16. HOW SERVED: PERSONAL ( RESIDENCE ( ) POSTED ( POE( ) SHERIFF'S OFFICE ( ) SEE REMARKS BELOW 17. a I hereby certify and return OT FOUND'because I am unable to"iocate the individual, company, ete. named above. (See remarks'below.) 18. AME AND TITLE OF INDIVIDUAL SER D / LIST ADD ip to Defendant) ~ ~, K 23. Advance.Costs 33. Costs Due or Refund Check No. 40. Costs Due or Refund () - 42. day of I NOTAR 44. Signature of Dep. Sheriff 46. Signature of or County Sheriff 4.DA 48. Signature of Foreign County Sheriff RN SIGNATURE t/ 49. DATE DATE RECEIVED 1. \fv'HITE- Issuing Authority 2. PINK~Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office ,r__ _.1 ..,L _ ." - -", -_""~-" -~--." .c_. ,-.--""_.- w_o' "'--_""r""'~' ._v~_..:_""'"_,.;,,,,,_ '''.-V-'','-- ~~_.-, .8-;;:,'t'-.",;;";.Y,-",I'-:"'___'__ "-,} JOHN T. STANDLEY and ANNIE STANDLEY, husband and wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 01-851 MARK RENDE t/a MARK RENDE PAINTING, Defendant : CIVIL ACTION - LAW : ARBITRATION NOTICE OF DEFAULT PURSUANT TO Pa.R.C.P. 237.1 TO: Mr. Mark Rende t/a Mark Rende Painting 64 Meadowbrook Court New Cumberland, P A 17070 DATE OF NOTICE: April 25, 2001 YOU ARE IN DEFAULT BECAUSE YOUHA VE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (I 0) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 Respectfully submitted, Dougl E. Herman, Attorney ID# 86569 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attomey for Plaintiffs, John T. Standley and Annie Standley Dated:~ 00-722/23738 ~,,;; . .. . ., ~. "- ~- ., -- '-~-,,'- '. ,-'" "~--,,, -"-'~'~'~~'...'"' . , . CERTIFICATE OF SERVICE AND NOW, this ~ day of April, 2001, I hereby certify that I have served a copy of the foregoing on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid addressed to: Mr. Mark Rende tla Mark Rende Painting 64 Meadowbrook Court New Cumberland, P A 17070 CALDWELL & KEARNS By: l!J1~1A1MJ CJA a~tf)D IIll ,-, ~ < "-,,--', C'"' d, ;..-,-, '-k,,','" ~J._ ~;., , , ~ JOHN T. STANDLEY and ANNIE STANDLEY, husband and wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-851 MARK RENDE t/a MARK RENDE PAINTING, Defendant : CIVIL ACTION - LAW : ARBITRATION AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P. 237.1 COMMONWEALTH OF PENNSYL VANIA : ss: COUNTY OF DAUPHIN AND NOW, this B-Ht day of May, 2001, personally appeared before me a Notary Public in and for said County and State, MELISSA JEREMIAH, and files this Affidavit on behalf of Plaintiffs, who does affirm that as Secretary to Douglas E. Herman, Esquire, attorney of record for Plaintiffs John T. Standley and Annie Standley, she did serve a true and correct copy of a Notice of Default on Defendant, Mark Rende, tla Mark Rende Painting, in the U.S. First Class Mail, postage prepaid with attached Certificate of Mailing at Harrisburg, Pennsylvania on April 25, 2001, to the Defendant's last known address as follows: Mark Rende t/a Mark Rende Painting 64 Meadowbrook Court New Cumberland, P A 17070 A true and correct copy of the Notice of Default Pursuant to Pa. R.C.P. 237.1 and the Certificate of MIDlmg = "'"hoI """" rol1~';w'y '" E,hlhi' "AlJvl.t1uti) (\, n n, ; olLJ MelissaJeremiah ~\lU Vu. Secretary to Douglas E. Herman, Esquire Sw~ to and subscribed before me this ~ day of $/f' ,2001. chl~i?v N lacy, bhc My Commission Expires: NOTARIAl SEAl TAMARA S, HAIR, NollUy PoblIc City of Hanlsburg, Dauphlll ColInIy . My Commlsslon Explrlls Aug. 26, 2O\l4 00-722/23753 '-'" . ~ I: '~-i~_ .-,' . \ \ ,~. ... JOHN T. STANDLEY and ANNIE STANDLEY, husband and wife, Plaintiffs -'.' _ ---::,.;:':' 'h~;;~;.,nii ~ -' "~} : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-851 MARK RENDE t/a MARK RENDE PAINTING, : CIVIL ACTION - LAW : ARBITRATION Defendant TO: (') c s:: NOTICE OF DEFAULT PURSUANT TO Pa.R.C.P. 237jgj zc en 12' Mr. Mark Rende ~c5 t/a Mark Rende Painting ~() 64 Meadowbrook Court ::;;8 New Cumberland, PA 17070 ~ DATE OF NOTICE: April 25, 2001 0 Q " ;::,. ::;::1 v 'f!) :;:0 ni ~ - N -or'l'1 '" :~j:O ,........-1 V :~C; +r''''--ri ::JI; f",'),m ..".0 ~ 5fl1 --{ W ~ (71 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Respectfully submitted, Dated:~ 00-722/23738 Dougl E. Herman, Attorney ID# 86569 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiffs, John T. Standley and Annie Standley ~ ." J-;., J..:.,c ""-":;',,<.-"- ~~.:..,,~ i<ci: ;. . . to;., -. .... CERTIFICATE OF SERVICE AND NOW, this ~ day of April, 2001, I hereby certify that I have served a copy of the foregoing on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid addressed to: Mr. Mark Rende tla Mark Rende Painting 64 Meadowbrook Court New Cumberland, P A 17070 CALDWELL & KEARNS By: LtJt~1A!wJCJA~~ Tf _1~- "-- ,.,.;,,- ~~ -- f '.. . .. A .. ..- -t .. .. .. .. .. .. .. ~ .. Q) z 1-0 \.< c(~ '... ::> ~mffi 0' III ii !!: .... ra \.< ..., I- z.. ..., " \.< lICo~ " - <IJ . ::> .. WZ.... ~Ig e 8 .... ,,0 " " '" i=" " -5 OIl ra~ Q) \.< 'ii '" w:iz llJ' '" E 0 ~ ,,0.. /: \.< :0 _0", . c.c:s.,C . Q) ~ >a::~_ c :! ra ..., 'E 'B ~f2;g e o-J \.< 0 0 ,..: ~o'" elllo-J ~ - & 'g ~ I-~O ~1lI 0 OIl ....... " ~ '" ",=>o. u ~ oww "8' ..... " E G..IDe .. o-J f') ... III .0>-> "g' \0 " ~ ~ 5 looM c "';j0 0 ..., u. ::i IE '" i ... , L ..0' Jo' - ,. , ,,~ ,t" > -;J,,-,' ~'== ..,'\ .""" ,-,- . ~ " ~.-, :,; '~, '~',,-'" -~ ~,,; .,;.r " .. CERTIFICATE OF SERVICE AND NOW, this ~ day of May, 2001, I hereby certify that I have served a copy of the foregoing on the following by depositing a true and correct copy ofthe same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid addressed to: Mr. Mark Rende tJa Mark Rende Painting 64 Meadowbrook Court New Cumberland, P A 17070 CALDWELL & KEARNS B~ ~,WIiU Cfu~ -~ ^ Ce-' - ,-~- - - --,-,- ",",.-'b~,c- '" 0,,_' ';' .-,;, .,,,< JOHN T. STANDLEY and ANNIE STANDLEY, husband and wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-851 MARK RENDE t/a MARK RENDE PAINTING, Defendant : CIVIL ACTION - LAW : ARBITRATION PRAECIPE TO ENTER JUDGMENT To the Prothonotary of Said Court: Please enter judgment in favor of the Plaintiffs, John T. Standley and Annie Standley, and against Defendant, Mark Rende t/a Mark Rende Painting, by reason of Defendant's failure to answer the Complaint or file a responsive pleading within twenty (20) days of service of the Complaint containing a Notice to do so, and following service of a Notice of Default Pursuant to Pa.R.C.P. 237.1 as set forth on the Affidavit of Service attached to this Praecipe. The amount ofthe judgment shall be in accordance with the prayer of Plaintiffs' Complaint in the amount of$4,455.00 together with interest at the agreed upon rate from November 15, 2000, onward. Respectfully submitted, CALDWELL & KEARNS "'J /)~ L ~~h9.:-~~. tire -. Attorney ID# 86569 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiffs, John T. Standley and Annie Standley J /...oAok c:vct.iL '1:10 ~ ~U-... ~ d~ : - .~,OJ- ~D:L u"'"'-' iR.t ~U- AI lOa L..A~ i:/-- ~ ~ I'" ~ ie va ,,..-_n -/-0 p., f,e,p. ;:<37.1. '-',^",I'J... -.,=-,,- , I Dated: c';;-/ofV.::> { , f 00-722/23743 ",,~.I... , c ,"" .',;, __~, ",..- - -~~ -,-,-,-", JOHN T. STANDLEY and ANNIE STANDLEY, husband and wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-851 MARK RENDE tJa MARK RENDE PAINTING, Defendant : CNIL ACTION - LAW : ARBITRATION AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P. 237.1 COMMONWEALTH OF PENNSYLVANIA : ss: COUNTY OF DAUPHIN AND NOW, this 8lh day of May, 2001, personally appeared before me a Notary Public in and for said County and State, MELISSA JEREMIAH, and files this Affidavit on behalf of Plaintiffs, who does affirm that as Secretary to Douglas E. Herman, Esquire, attorney of record for Plaintiffs John T. Standley and Annie Standley, she did serve a true and correct copy of a Notice of Default on Defendant, Mark Rende, tJa Mark Rende Painting, in the U.S. First Class Mail, postage prepaid with attached Certificate of Mailing at Harrisburg, Pennsylvania on April 25, 2001, to the Defendant's last known address as follows: Mark Rende tJa Mark Rende Painting 64 Meadowbrook Court New Cumberland, P A 17070 A true and correct copy ofthe Notice of Default Pursuant to Pa. R.C.P. 237.1 and the Certificate of Moi'illg= "",hoI hoo" ,"lI~';wly $fuful>i' "A". . ~ lJv~ .' , Melissa Jeremiah Secretary to Douglas E. Herman, Esquire Sw~ to and subscribed before me this ~ day of 4l"'f' ' 2001. ~~~ Nta~ic My Commission Expires: NOTARIAL SEAl TAMARA S. HAIR, Nolluy' PobIi!l CIty of Harrisburg. DaJ4lhIn ColInty My Commission ExpIresAug.2lI,2O\l4 00-722/23753 -Ii ~ ~ , ,,'. '~<""o.,,,'_ __"_. .'" '-.'C- I ----"-,',,- -"--, ~ ,- -,^-' "'....,..~,'-,; JOHN T. STANDLEY and ANNIE STANDLEY, husband and wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-851 MARK. RENDE tla MARK. RENDE PAINTING, (") !;.: ~. -V(~-,.., mr'_u: ~~. ""'- '-~ ~2~ r:::c~' NOTICE OF DEFAULT PURSUANT TO Pa.R.C.P. 237.1~9 -~ L~ -, -< c~ --. c.' "'i1 Defendant : CIVIL ACTION - LAW : ARBITRATION "'" ;:g "-J 0" .' .~~; TO: Mr. Mark Rende tla Mark Rende Painting 64 Meadowbrook Court New Cumberland, P A 17070 " :;;' :...:> eT' .', . 1 '~~~~ >C) ~~,~ '- ~ -~ - DATE OF NOTICE: April 25, 2001 YOU ARE IN DEF AULTBECAUSE YOU HA VE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 Respectfully submitted, ougl E. Hennan, Attorney ID# 86569 3631 North Front Street Hanisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiffs, John T. Standley and Annie Standley Dated:~ 00.722/23738 C_. ,-- .-, .1 - c.,. ~ "~ CERTIFICATE OF SERVICE AND NOW, this ~ day of April, 2001, I hereby certify that I have served a copy of the foregoing on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid addressed to: Mr. Mark Rende tJa Mark Rende Painting 64 Meadowbrook Court New Cumberland, PA 17070 CALDWELL & KEARNS By: ~!MJQtA~~ -,,;.. , ""~~~'- ~ .-Co,'"'_,;_ ,L_ :.,~' ~ L ';)t- i Ii I 0- I --.. <:10 ZZ -13 :0 <(0 :id " 11.::; o~ wll Q) I-Q !.l <(!;( ..... & .., ~~a: Q) s:: II. ww Ul Q) S '.... _0-0- fiI !.l .., -e I- z., .., ~ s:: a: ;;~ . - t1J . ..... ::l wZo- S::t1J . ~ 0 ~ (.l"., ! ~ I g ~ u uO ~ Ol F4. . Q) -5 ., .,1 1i Ol WW Q) !.l 'g ::;U :c "" E 0 woZ ~ & !.l li; gc~ . c<s...c: . Q) ~ , > 0:" c :;: , ffi2~ fiI .., 'i! 'g .. o-'l!.l 0 ~ ,..:: ., - EUlo-'l 0 & al ~oo: " - ~lt:o ~Ill ~z III ., "..., ". . :E Q) '" .,,,"" u o WW IDO\Qr-f . ~ :E E Q.IDQ .!::J i-Jf'l"') ... .>> 38-~\D . ~ ~ 6 "!c(o :. (Y) c lI- 0 ~:!:f '" i Q. i; ,.-,"..,,;..,,' '0'-" >.'-.-,'.'-,","'"."',...."- . ~;"',""C'/ .". "" .c ., ,'. ' -,-" ,-. "'0 '0' L -'''-'1:'< CERTIFICATE OF SERVICE AND NOW, this ~ day of May, 2001, I hereby certify that I have served a copy of the foregoing on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid addressed to: Mr. Mark Rende Va Mark Rende Painting 64 Meadowbrook Court New Cumberland, P A 17070 CALDWELL & KEARNS By ~~~ .=- -j , ~ ,". - ','..'--- ~ .,-1 /jf"'~",' ';~~4jh" CERTIFICATE OF SERVICE AND NOW, this em day of May, 2001, I hereby certify that I have served a copy of the foregoing on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid addressed to: Mr. Mark Rende tJa Mark Rende Painting 64 Meadowbrook Court New Cumberland, PA 17070 CALDWELL & KEARNS BUruiAMl)~~ - ;;-0', _ ,,_ .,~-~', , ~ JOHN T, STANDLEY and ANNIE STANDLEY, husband and wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-851 MARK RENDE t/a MARK RENDE PAINTING, Defendant : CNIL ACTION - LAW : ARBITRATION TO: MARK RENDE You are hereby notified that on ~~ <f: ~/ been entered against you in the above-captioned ase. ,2001, the following Judgment has Judgment in the amount of $4,455.00 together with interest at the agreed upon rate from November 15. 2000 onward. Date: Wi' x. ~ /sr 4.Z;;' ~ ~4" Prothonotary ,/,It'L-- I hereby certify that the name and address of the proper person(s) to receive this notice is: Mr. Mark Rende t/a Mark Rende Painting 64 Meadowbrook Court New Cumberland, P A 17070 Por este medio se Ie esta notificando que el_ de del_, 200 I, ellla siguiente (ORDEN), (DECRETO), (F ALLO) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Mr. Mark Rende t/a Mark Rende Painting 64 Meadowbrook Court New Cumberland, P A 17070 00-722/23745 -1