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Home My WebLink About03-2057COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Cumberland County JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na 03 0? Ui C 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; DecoCrete, Inc. PO Box 358 4/15/03 Mount J 9 Joseph & Joann Eslin Cv 0000521-02 -04/Thomas A. PA 17552 DecoCrete, Inc. LT I This block will be signed ONLY when this notation is required under Pa R CPJP. Na 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case -Ot?? C?L &'Jt7? . if a/>Rell int 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 Signature of Protnonotary or Deputy I filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see 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). PRAECIPE: To Prothonotary Enter rule upon Joseph & Joann Eslinger or apperleeisl appelke(s), to file a complaint in this appeal &Wm (Common Pleas Na 63 6S .U within twenty (20) days after service of rule or suffer entry of ' rY Judgment of non pros RULE. To Joseph & Joann M Eslin er s?gr?a" of appeNant na or agerN appellee(s). Name of aPDe05e(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. (3) The date of service of this rule if service was by mail is the date of mailing. Date- ,$a AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY 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 :SS AFFIDAVIT: I hereby swear or aff irm that I served u on the"District Justice designated therein on ? a copy of the Notice of Appeal, Common Pleas No. . _. p (date of service) ._.._..... ._.... ? by personal service ? by (certified) (registered) mail, senders receipt attached hereto, and upon the appellee, (name) . .......... .......... __...._ ?, on ? by personal service ? by (certified) (registered) mail, sender's receipt attache hereto. ? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellees towhom the Rule was addressed on ._.. ......... _......... _. __.._.., ... _ ......, ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS . _.. ____ _ DAY OF -___------- _____.._., ___......... ._____ ........... 3;g-nature or af!1-{af t fore, whom affidavit was rr, rtte of o#fr',a, My commission expires on _ _ _.._.__._ Signature of affiant t^ C3 Z, p c.a Q ?- ; ) w .,[ X 5i; C , c? "C N CJ7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-04 DJ Name: Hon. THOMAS A. PLACEY Address: 104 S. SPORTING HILL RD. MECHANICSBURG, PA Telephone: (717 ) 761-8230 17050 DECOCRETE, INC. 422 WEST MAIN ST MT. JOY, PA 17552 V NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF/JUDGMEIGY DO9. ASE rJOSEPH & JOANNNABSLINR ER 7 11 WAGNER DRIVE - MECHANICSBURG, PA 17050 L. VS- 1 DEFENDANT/JUDGMENT C li-2 an DRESS rDECOCRETE, INC. -1 422 WEST MAIN ST MT. JOY, PA 17552 L _ J Docket No.: CV-0000521-02 Date Filed: 10/21/02 THIS IS TO NOTIFY YOU THAT: Judgment: FOR P .ATNTTFF ® Judgment was entered for: (Name) MSFVU ,c TnArru ReT rlvrun ® Judgment was entered against: (Name) nR n _RRTR, i in the amount of $ -4 -- r%6i A7 on: (Date of Judgment) -4.Zi r,- n-; Defendants are jointly and severally liable. (Date & Time) 0 Damages will be assessed on: 7 This case dismissed without prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Amount of Judgment $ 3,474.3 7 Judgment Costs $ 87.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $3,561.871 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 DISTRICT JUSTICES, IF THE JUDGMENT 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 DISTRICT JUSTICE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REOUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Q 1S 103 Date I certify that this is a true 4 15 0 , Date My commission expires first Monday of Jan ' istr c .jAice ings containfng, the judgment. _ s District Justic"e 004. SEAL AOPC 315-03 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 SS AFFIDAVIT: I hereby swear or affirm that I served 03 - a 05 7 a copy of the Notice of Appeal, Common Pleas No. _. upon the - District Justice designated therein on (date of service) f! I y3 by personal service bycertifiedj (registered) mat, sender's receipt attached hereto; and upon the appellee, name .lo `._ To_a 3_ eC.___............. an ? by personal F name) 5 t _ 03 service by (certified) (registered) istered mail, sender s receipt attached hereto. and further that I served the Rule to File a Complaint accompanyin the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on . __ .., by personal service by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME x L. THIS _.._...._I DAY OF -ADDS IL 01' j Hide, ? c`o!5 Yv#?f3i" r` hl avi} was R if{£ n7 lvOTdr TtiiB C?? i}ffta 4ca{ My commission ?xpims on, _._.... ...... _ Notarial Seal Wilma Lee Clouser, Notary West Hempfield Twp., Lancaster Coi MY Commission Expires Sept. 29, 200 0 fi€ Signature of d. C a cQ.a ? n --t rt m t as ?. ? " .. _ ---- b ?_ ?a C7? Vj r - cst < COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Dumoerland County JUDICIAL QISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No p.? NOTICE OF APPEAL No ' is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rvxle1'ed by the District Justice on the date and'in the'case mentioned befaw 4/1 & Joann Es CV ?? -02? This block will be signed ONLY when this notation is required under Pa R.C.P.J.P. Na Kappellant was CLAIMANT (see Pa. R.C.P.J.P. No. 10088 This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDERS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after I filing his NOTICE of APPEAL. signature or Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (770Saction of form to be used ONLY when appellant was DEFENDANT (see Pa. R.CP.J.P. No. 1001(7) in action before DiWct Justice. 7F NOT USED, detach from copy of notice of appeal to be served upon appellee). PILAECIPE: To Prothonotary Enter rule upon Joseph Joann Esl.inger , appellees) to filo-a. eoMJ*"At.iP Has-appeal Name of appelkrs) (Common Pleas Na 90 3 -[??C?t V l /C,r? within twenty (20) days after service of rule or suffer entry of judgment of non pros or agoeMent d or Som&e RULE: To Joseph & Joann 1f. Esli «er , appellee(s? Name of appefiWs) (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 Pot, ft,a complaint within the time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The.date of servfCe of this rule i! service was by mail is the date of mailing. Date: yf , C AOPC 312-90 COURT FILE I Sep, M 14 M RECEIPT ppt i/ nly; 01 rance Coverage Provided) or tion isit website at www.usps corrt® y ru ru lti co co o :ac e r ( 'E• Foe 0 R rn eI t. F.-e O Endor ne ?: Ared) C3 Restr 'd , e m ;Endo, c ME r-R m Tote Q os 8 Fees ? C3 Sent J` ---- lti 3Ltree ipt 11 or PC ox 1 m 0 Q t? Certified Mail Provides: ¦ A mailing receipt (esJenedJ zooz eunr flops uuo_q Sd ¦ A unique identifier for your mallplece ¦ A record of delivery kept by the Postal Service for two years tmport?ant Rem/nders: ¦ Certified Mail may ONLY be combined with First-Class Mail®or Priority Ma11®. ¦ Certified Mail is notavailable for any class of international mail. ¦ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ¦ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Retum Receipt (PS Form 3811 to the article and add applicable postage to cover the fee. Endorse maiipiece Retum Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. ¦ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agant. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery" ¦ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present It when making an inquiry. Internet access to delivery Information Is not available on mail addressed to APOs and FPOs. ?II??iFP ' r- C Postage $ M O Ca tified Fee - O Return Reciept Fee (Endorsement Required) O V ! Restricted C,elivery Fee (Endorsement Required) M Total Postage & Fees $ ru Q . Sent To f 7 ?3 o f / no f treat, Apt. No.; 6 q --- or `- or PO BoX No. (? J . y2 as • 217L0? Pos rns- HeFP ,e `, 1 Certified Mail Provides: ¦ A mailing receipt (-enetf) aooa eunr'ooae w,o.A sd ¦ A unique Identifier for your mailplece ¦ A record of delivery kept by the Postal Service for two years important Reminders. ¦ Certified Mail may ONLY be combined with First-Class Maile or Priority Mail. ¦ Certified Mail is not available for any class of international mail. ¦ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ¦ For an additional fee, a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. ¦ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ¦ If a postmark on the Certified Mail receipt is desired, please p' , ese% the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an ?gquiry. Internet access to delivery information Is not available on'mail addressed to APOs and FPOs. JOSEPH ESLINGER and JOANN ESLINGER, husband and wife, Plaintiff V. DECOCRETE, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-2057 : CIVIL ACTION -LAW 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 a 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 may be 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 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P. C. By: Attorneys for Plaintiffs LAW OFFICES SNELBAKER. BRENNEMAN & SPARE JOSEPH ESLINGER and JOANN IN THE COURT OF COMMON PLEAS OF ESLINGER, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2003-2057 DECOCRETE, INC., CIVIL ACTION -LAW Defendant COMPLAINT Plaintiffs Joseph Eslinger and Joann Eslinger, by their attorneys, Snelbaker, Brenneman & Spare, P. C., file this Complaint and in support thereof state the following: Background. 1. Plaintiffs Joseph Eslinger and Joann Eslinger, husband and wife, are adult individuals residing at 11 Wagner Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant DecoCrete, Inc. is a Pennsylvania business corporation with a principal place of business and office address of 422 W. Main Street, Mount Joy, Lancaster County, Pennsylvania, 17552. 3. On or about June 12, 2002, Plaintiffs, by and through Joann Eslinger, entered into an LAW OFFICES SNELEIAKER. BRENNEMAN & SPARE agreement at Plaintiffs' residence in Mechanicsburg, Pennsylvania, with Defendant whereby Defendant agreed, inter alia, to install "texturecrete" in the form of a random stone pattern patio at Plaintiffs' residence identified in Paragraph 1, above, in exchange for which Plaintiffs agreed to pay Defendant the total sum of $4,632.50. A true and correct copy of the parties' agreement in the form of a signed job proposal (hereinafter the "Agreement") is attached hereto and incorporated by reference herein as "Exhibit A". 4. On June 12, 2003 Plaintiffs paid Defendant by check the sum of $1,158.12 and thereafter the additional sum of $2,316.23, for a total of $3,474.37. 5. Defendant commenced work pursuant to the Agreement on or about August 12, 2002. 6. During the course of the work performed by Defendant under the parties' Agreement, Defendant placed and applied a second coat of material, which material had a gray finish. 7. The application of the second coat of material as referred to in Paragraph 6, above, resulted in an uneven surface on various locations of the patio. 8. As a result of the application by Defendant of the second coat of material and the resulting uneven surface, Defendant attempted to repair the patio surface by chipping and grinding high spots and filling in areas with a concrete-like material of a color noticeably different from that of the second coat of material applied. 9. As a result of Defendant's actions described in Paragraphs 6, 7, 8, above, the surface of the patio at Plaintiffs residence is uneven, contains bumps and is discolored, containing non- matching extremes in colors which lack any uniformity over the surface of the patio. 10. On October 1, 2002, Henry Fischer on behalf of Defendant acknowledged that the work Defendant did at Plaintiffs' premises as described above would be redone and that Defendant would start over on Plaintiffs' project. 11. Despite demands made by Plaintiff, Defendant has failed and refused properly to install the patio as required under the parties' Agreement or to refund in full the amount of $3,474.37 paid to Defendant by Plaintiffs. 12. All conditions precedent to Plaintiffs being able to initiate and maintain this action have taken place. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE 2 COUNTI Breach of Contract. 13. The averments of Paragraphs 1 through 12, inclusive, of this Complaint are incorporated by reference in this Paragraph. 14. Defendant undertook to install and or apply a patio on Plaintiffs' premises in accordance with the terms of the parties' Agreement. 15. Defendant materially breached the parties' Agreement by failing properly to complete its work under the Agreement and by failing to perform or provide work that met or exceeded local industry standards. 16. As a direct result of the aforementioned breaches, Plaintiffs have lost the value of their money expended and will be required to expend funds to replace and/or repair their patio. WHEREFORE, Plaintiffs demand judgment against Defendants in the amount of $3,474.37 or the costs to replace and/or repair the patio, together with interest and costs of this suit. COUNT II Breach of Implied Warranty. 17. The averments of Paragraphs 1 through 16, inclusive, of this Complaint are incorporated by reference in this Paragraph. 18. Defendant, as contractor and builder, impliedly warranted that the work it would perform for Plaintiffs under the Agreement would be done in a reasonably workmanlike manner. 19. For the reasons set forth in Paragraphs 6 through 9, above, Defendant's work was not LAW OFFICES SNELBAKER. BRENNEMAN & SPARE performed in a reasonably workmanlike manner. 3 20. As a direct result of Defendant's failure to perform its work in a reasonably 1workmanlike manner, Plaintiffs have lost the value of their money and will be required to expend funds to replace and/or repair their patio. WHEREFORE, Plaintiffs demand judgment against Defendants in the amount of $3,474.37 or the costs to replace and/or repair the patio, together with interest and costs of this suit. COUNT III Breach of Express Warranty. 21. The averments of Paragraphs 1 through 20, inclusive, of this Complaint are incorporated by reference in this Paragraph. 22. Pursuant to the parties Agreement, Defendant guaranteed Plaintiffs' job for one year against defects in material and workmanship. 23. For the reasons set forth in Paragraphs 6 through 9, above, Defendant's work on Plaintiffs' patio evidenced defects of material and/or workmanship. 24. Defendant has failed and refused to guarantee its work against defects in material and workmanship as warranted in the parties' Agreement after demand by Plaintiffs to do so. 25. Defendant has materially breached its express warranty to Plaintiff by failing to address the defects of its material and work, repair or replace the patio it has installed and otherwise fulfill the guarantee it expressly gave. 26. As a direct result of the aforementioned breach of express warranty, Plaintiffs have LAW OFFICES SNELBAKER. BRENNEMAN & SPARE lost the value of their money expended and will be required to expend funds to replace and/or repair their patio. 4 WHEREFORE, Plaintiffs demand judgment against Defendants in the amount of $3,474.37 or the costs to replace and/or repair the patio, together with interest and costs of this suit. COUNT IV Negligence. 27. The averments of Paragraphs 1 through 26, inclusive, of this Complaint are incorporated by reference in this Paragraph. 28. Defendant, by and through its employees, agents and/or representatives were negligent, careless and reckless in installing Plaintiffs' patio in the following respects: a. by failing to apply the second gray coat of material in a manner so as to avoid the creation of numerous bumps and uneven non- conforming surface; b. by installing or applying the second gray coat of material in such a manner as to require that bumps and uneven surface areas be grounded and chipped in an effort to create a more level surface for the patio; C. by applying new and additional material on the patio surface in an attempt to repair its earlier work, resulting in extreme mis- matches of color and unsightly appearance. 29. As a direct, factual, proximate and legal result of the negligence of Defendant LAW OFFICES SNELBAKER. BRENNEMAN & SPARE described above, Plaintiffs have lost the value of their money expended and will be required to expend funds to replace and/or repair their patio. 5 WHEREFORE, Plaintiffs demand judgment against Defendants in the amount of $3,474.37 or the costs to replace and/or repair the patio, together with interest and costs of this suit. The amount claimed by Plaintiffs in this action, exclusive of interest and costs, does not exceed the jurisdictional limit for mandatory arbitration in Cumberland County. SNELBAKER, BRENNEMAN & SPARE, P. C. BY. Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiffs Date: May 16, 2003 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE 6 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. - lz??44 J ep slinger Date: May 1br 2003 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: May 16, 2003 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE JOB PROPOSAL Stamped Concrete 422 W. Main St Specialists Mount Joy, PA 17552 www.decocrete.biz 1-877-877-0084 Fax (717) 492-9519 Email: info@decocrete.biz APPROXIMATE JOB DATE: o UG , S I /0"I 09 B626X' S" ; ,? N'" JOB #: *Note: Weather conditions between now and proposed job date will affect actual start time. NAME: _-,/O-1- 47? 454- 1n14li<" CITY: STATE: ZIP: ADDRESS: PHONE 1: i " ^?':2 ? ' PHONE 2: < 33 - 4 6l? DESCRIPTION: -? Project 1: Square Footage*: Pattern: RAIvoom -510-"6 Color: 6,eZ Y - Release: Project 2: Square Footage*: Pattern: Project 3: Pattern: Special: Color: Release: Square Footage*: Release: ot. 9'" or PREPARATION STAiv o,4R o - .SLliR R r cvra i L pw tFu J f( CQA(-eS G/Z/A,D?Vi /tAts F'k , Dirt Removal: Price: 6 32. fy Deposit Amt: I ITS - /Z Check Number: y3 * Any additional square footage requested by customer will be billed at $ s.f. Any other extras will be billed "time and material." NOTES: A L L PA iAr-, Tb 8C r2r MwG , R-Z vm P hz o SA f -4C6 , -PA7C h G P Co."e-JQ f LU 0 i N SL U R a l- r . gr A< PE (k .! CCE If- Pn-kl ko(Lr e-AtvT u OwiC (Zct'QNJ or C fitc k w, LL 131 rS30c.D Our commitment to you: All of our work at DecoCrete will meet or exceed local industry standards! While it is impossible to guarantee that concrete will never crack, proper preparation helps to limit it. At DecoCrete, Inc., we are committed to properly preparing your site so that any cracking is minimized. The colors on the color chart are approximate and exact color match with color chart or multiple pours cannot be guaranteed. At DecoCrete, Inc., we are committed to doing our best to match your colors. Homeowner is responsible for obtaining any permits that may be required for job. Warranty: DecoCrete, Inc. guarantees your job for one year against defects in material or workmanship. We want you to be happy! Payment Terms: 25% prior to schedule; 50% after prep approval but prior to pour; 25% at completion of sealing. 2% interest per month and costs of collection on any underpayment will be added. Deposits are nonrefundable due to the need to purchase job specific supplies for your job. See reverse side of this proposal for additional terms. ? DRAWING ATTACHED Consumer Notice: You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached Notice of Cancellation form for an explanation of this right. Accepted by: Date: ?- ??-- G Z- C? DecoCrete, Inc. Rep:-,_ Date: d - /a D Color: EXHIBIT A ., This proposal is valid for 30 days after which it may be withdrawn by DecoCrete if not accepted. All dimensions and square footage calculations are approximate and all dimensions for purposes of costing are "not to exceed." Material thickness noted is intended to mean average. Natural materials like stone and slate have natural imperfections. Because stamped concrete is intended to replicate natural materials, it too will have imperfections. Variations in the color, depth of impressions, edge texture and alignment of joints across the pad are some of the imperfections that can be expected. The samples at our display location in Mount Joy, PA show some of the variations that are acceptable. These variations are some of the features that make each installation beautiful and unique! Your color choice should complement its surroundings rather than attempt an exact match. DecoCrete is a natural material with color that will vary a bit from pour to pour. Color can be affected by many things including the precise sand, aggregate, and cement which varies from day to day and supplier to supplier. It can also be affected by weather. Your color will be reflective of the color chart but an exact match to color chart or samples cannot be guaranteed. The person signing the contract certifies that they have the authority to enter into this agreement and certifies that their representative, should they not be personally available to approve any of the work in progress, has full authority to approve the work phases on their behalf. This agreement is the entire agreement between the parties and no oral agreements exist except such as were integrated into this agreement in writing. Unforeseen conditions that cannot be observed upon normal estimating inspection that are discovered after work starts may result in an extra time and material cost. Any concrete tear out cost assumes 4" of concrete with no reinforcement. Any time and material extras will be billed at $35 per man hour plus equipment at our normal rates and material at our delivered cost. This contract shall be treated as if signed at DecoCrete, Inc.'s office in Mount Joy, PA. DecoCrete, Inc. cannot be responsible for damage to yard or driveways caused by trucks and equipment used. However, we are more than willing to repair any ruts or lawn damage at customer's request for nominal time and material cost. Should there be a disagreement between customer and DecoCrete over the validity of any warranty issue and the homeowner prevails, homeowner agrees to accept either a refund of amounts paid, attributable to the defective aspect of the product, or repair or replacement of the defective product by DecoCrete, Inc., at DecoCrete's option, as its sole remedies. ASC Warranty Standards rev. 2002a are incorporated into and shall apply to this proposal. Consumer notice and right to cancel only applies to residential consumers and does not apply to commercial entities. Warranty will be in effect as long as DecoCrete, Inc. has been paid all amounts owed when due, according to contract terms. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Complaint to be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID CERTIFIED RETURN RECEIPT REQUESTED ADDRESSED AS FOLLOWS: DecoCrete, Inc. 422 W. Main Street Mount Joy, PA 17552 Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiffs Joseph and Joann Eslinger Date: May 19, 2003 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE (? } _. } !_. i _ ._._ !? l., J i .: ? ? ??y _ .? JOSEPH ESLINGER and JOANN ESLINGER, husband and wife, Plaintiffs V. DECOCRETE, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2057 CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned action. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE Date: July 9, 2003 SNELBAKER, BRENNEMAN & SPARE, P. C. BY: I Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiffs Joseph Eslinger and Joann Eslinger 0 c, •J JOSEPH ESLINGER and JOANN IN THE COURT OF COMMON PLEAS OF ESLINGER, husband and wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs LAW OFFICES SNELBAKER. BRENNEMAN & SPARE V. NO. 2003-2057 DECOCRETE, INC., CIVIL ACTION - LAW Defendant PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND 1 Keith 0. Brenneman, Esquire, being duly sworn according to law deposes and says: that on July 29, 2003 he served upon Defendant DecoCrete, Inc. a certified copy of the Complaint filed in the above-captioned case by certified mail, postage prepared to said Defendant at its address as shown in the records of the District Justice; that he further served certified copies of the Complaint upon Defendant DecoCrete, Inc. by certified mail, postage prepaid to addresses of DecoCrete, Inc. at 481 Running Pump Road, Lancaster, Pennsylvania and 22 W. Main Street, Mount Joy, Pennsylvania; that the original certified mail receipts for service by mailing of the aforementioned certified Complaints on July 29, 2003 are attached hereto and incorporated by reference herein as "Exhibit A"; that attached hereto are true and correct copies of the letters noting transmission of the certified copy of the Complaint to the addresses above, which letters are incorporated by reference herein as "Exhibit B", "Exhibit C" and "Exhibit D"; and that the foregoing facts are true and correct to the best of his knowledge, information and belief worn to and subscribed before me his 31" day of July, 2003. Public SNELBAKER, BRENNEMAN & SPARE, P. C. BY: I" Keith 0. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiffs Mr. and Mrs. Joseph Eslinger _ Noted Seel M MOM NW.24. I Member. Penn"anla Agsoddm of NONVIN co sc? lD M NT ..B r-1 rv ° tr m 0 ° ° ° M1 .a rl ° ° ° M1 S" m M1 to as ° ° ° ° r Postal CERTIFIED M AIL RECEIPT (Donnestic Mail Only; No Insitrance Coverage Providea) Postage $ i Certified Fee k(A 0 lZr Postmark Return Receipt Fee 2921 Here 0 (Endorsement Required) JL Restricted Delivery Fee (Endorsement Required) Taal Postage 8 Fees $ Saint To DecoCrete, Inc. -tr - ° sreacAp"1b P&tpwng pump Road ° - pA------17601-2-20-9--------- ° City SiaieZlit 7?pIR Easter r --- - LAW OFFICES SNELBAKER. BRENNEMAN & SPARE S _.G rl rv y- Postage $ ? ° V] y l Certified Fee 4.,30 Postmark -0 Return Receipt Fee (iC Here ° (Endorsement Required) ° Restricted Delivery Fee _ ° (Endorsement Required) ° 9 M1 $ Total Postage B Fees ?? ' G ? Sent To DecoCrete,- Inc. - O ---- ° Street ° cry, srara,-AIpnnt---- Joy PA- ----17552-------- -------- EXHIBIT A n (_• (- ? L u.. ? G.. j} z? ( _ . '. -i7 ?C- f?- ?..Y n ?3 iJ ?' _{ tD SNELBAKER, BRENNEMAN & SPARE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW dG WEST MAIN STREET' MECHANICSBURG, PENNSYLVANIA k7055 RICHARD C. SNELBAKER KETrH O. BRENNEMAN PHILIP H. SPARE DecoCrete, Inc. 22 W. Main Street Mount Joy, PA 17552 717-697-8528 July 29, 2003 Re: Eslinger, et ux. v. DecoCrete, Inc. No. 2003-2057, Cumberland County Dear Sir/Madam: P. O. BOX 318 FACSIMILE (717) 697-7681 Enclosed please find a certified copy of a Complaint with respect to the above-referenced action. Please be guided accordingly. KOB/sm Enclosure Yours truly, Keith O. Brenneman By certified mail, parcel number 7000 1670 0008 5047 1646 EXHIBIT B SNELBAKER, BRENNEMAN & SPARE A PROFESSIONAL CORPORATION " WEST MAIN 5TREET MECHANICSBURG, PENNSYLVANIA 17055 RICHARD C. SNELBAKER KEITH O. BRENNEMAN PHILIP H. SPARE ATTORNEYS AT LAW 717-697-6628 July 29, 2003 DecoCrete, Inc. P. O. Box 358 Mount Joy, PA 17552 Re: Eslinger, et ux. v. DecoCrete, Inc. No. 2003-2057, Cumberland County Dear Sir/Madam: R O. BOX 318 FACSIMILE (717) 697-7681 Enclosed please find a certified copy of a Complaint with respect to the above-referenced action. Please be guided accordingly. KOB/sm Enclosure Yours truly, Keith O. Brenneman By certified mail, parcel number 7000 1670 0008 5047 1653 EXHIBIT C SNELBAKER, BRENNEMAN 8 SPARE A PROFESSIONAL CORPORATION " WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 1,7055 ATTORNEYS AT LAW RICHARD C. SNELBAKER KEITH O. BRENNEMAN PHILIP H. SPARE DecoCrete, Inc. 480 Running Pump Road Lancaster, PA 17601-2209 717-697-8528 July 29, 2003 Re: Eslinger, et ux. v. DecoCrete, Inc. No. 2003-2057, Cumberland County Dear Sir/Madam: P. O. BOX 318 FACSIMILE (717) 697-7681 Enclosed please find a certified copy of a Complaint with respect to the above-referenced action. Please be guided accordingly. KOB/sm Enclosure Yours truly, Keith O. Brenneman By certified mail, parcel number 7000 1670 0008 5047 1639 EXHIBIT D l J ?1? mil Z. EL i S FS ITl - J •• JOSEPH ESLINGER and JOANN ESLINGER, husband and wife, Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-2057 DECOCRETE, INC., CIVIL ACTION -LAW Defendant PRAECIPE TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned action. SNELBAKER, BRENNEMAN & SPARE, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street LAW OFFICES SNELBAKER, BRENNEMAN & SPARE Date: September 29, 2003 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiffs Joseph Eslinger and Joann Eslinger m m ' Z -'` C7 ?(T z r n? l zc_ .{ C ; -_- m ? fi - to SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02057 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ESLINGER JOSEPH ET AL VS DECOCRETE INC 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: DECOCRETE INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 26th , 2003 , this office was in receipt of the attached return from LANCASTER -:? Sheriff's Costs: So ans?w=-er k Outof1County 19.00 J` Surcharge 10.00 R. Thomas Kline Dep Lancaster Cc 36.50 Sheriff of Cumberland County .00 73.50 11/26/2003 SNELBAKER BRENNEMAN SPARE Sworn and subscribed to before me this IL day of (.."Ijj 1vu3 A. D. ti_o. hug,., Prothondt r SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 a (717) 299-8200 SHERIFF SERVICE PLEASE TYPE PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. 1. PLAINTIFF/S/ 2. COURT NUMBER Joseph Eslinger et al 03-2057 civil 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT: Decocrete Inc Notice and Complaint SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED. Decocrete Inc 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Tap., State and ZIP Code) AT 422 West Main Street Mount Joy, PA 15552 7. INDICATE UNUSUAL SERVICE: DEPUTIZE ? OTHER Ctunberland Now, September 3QO 03 I, SHERIFF OF4ja?R COUNTY, PA., do hereby deputize the Sheriff of Lancaster County to execute this Writ a7?J,pr Bfdrn thereof avef pg ?_?• to law. This deputation being made at the request and risk of the plaintiff. ?6 if ',0&unf` S. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland 3 00 N n d W NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under t7 within writ may leave same without a watch man, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on 01 the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. O 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE 0 Po KEITH O BRENNEMAN SNELBAKER BRENNEMAN & SPARE 717-697-8528 9/29/03 y 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) tit CUMBERLAND CO SHERIFF'S OFFICE SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13.1 acknowledge receipt of the writ !! NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing date orcomplaintasindicatedabove.f ANNETTE WALTON (717) 295-3609 10/2/03 10/29/03 16. 1 hereby CERTIFY and RETURN that 10 have personally served, ? have legal evidence of service as shown in "Remarks", O have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above oron the individual, company, cor- ??_p raatiti?ioon, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17/l reby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 1 a and title of individual served (if not shown above) (Relationship to Defendant) I / , "?See'°'Remerka Belau (Na 30) 20. Address of where served (complete only if different than shown above) (Street or RFD. Apartment No., City, Boro, Twp. 21. Date of Service 22. Time State and Zip Cade) AM ES EST EDSi 23. ATTEMPTS /D^at Miles DDeP.. IInt. Date Miler Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Miles Dap. Int. /1! r 4 24. Advance Costs //r/l(-/ 125. Service Costs 26. Notary Cert. 27. Mileage/Postage/N.F. 2§„TOta l Costs 29. CpSTpUE O FUND CtJ' is (///?//? R 1,2-q Any 150.00 /36.50 1 60 30. EMARKS: S.T.A.: ?? / iv va=-i? ?( A t/!/Qi .6 40 mL 31. AFFIRMED and sub n ad to before me this 32 Si nature of / 33. Dale 34, dray of ? Dep. Syheriif / ///Lr 37 35. Signature of Sheriff 36 (tp thonotrrr F LANCAS ??Ce'vee MV COMMISSION EXPIRES ' t. WHITE -Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriff's Office SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-02057 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ESLINGER JOSEPH ET AL VS DECOCRETE INC 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: DECOCRETE INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 15th , 2004 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: So answers-• Docketing 18.00 Out of County 9.00 J?v Surcharge 10.00 R! Thomas Kline Dep Lancaster Co 43.30 Sheriff of Cumberland County .00 80.30 01/15/2004 SNELBAKER BRENNEMAN SPARE Sworn and subscribed to before me this .11,a day of i ?tlU f A. D. k- > Prothonotary' w_ yv) SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17606-3480 a (717) 299-8200 SHERIFF SERVICE ( PLEASE TYPE PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. 1. PLAINTIFF/S/ 2. COURT NUMBER Joseph Eslinger et al 03-2057 civil 3. DEFENDANT/S/ Decocrete Inc. 4. TYPE OF WRIT OR COMPLAINT. Notice & Complaint, reinstated SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO BE SERVED. H N (7 p H NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under C7 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 71 the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. n 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11, DATE KEITH O BRENNEMAN SNELBAKER BRENNEMAN & SPARF (717) 679-8528 12/2/03 t?-3 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) M CUMBERLAND CO SHERIFF'S OFFICE SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13.1 acknowledge receipt of the writ NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing date orcomplaintas indmatetl above. I ANNETTE WALTON (717) 295-3609 12/11/03 1/2/04 16.1 hereby CERTIFY and RETURN that I O have personally served, C1 have legal evidence of service as Shown in "Remarks", El have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual. company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18 ame and title of individual served (if not shown above) (Relationship to Defendant) 19. 0No Service See Remarks Below (No. 30) 20. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp. 21. Date of Service 22. Time State and Zip Code) AM Decocrete Inc. , BorO, Twp., State and ZIP Code) 6. ADDRESS (Street or RFD. Apartment No., City a AT 480 Running PLlrrtp Road Lancaster, PA 17601 7. INDICATE UNUSUAL SERVICE: ?i DEPUTIZE ? OTHER Cumberland Now, December X 20 U3 , I, SHERIFF OF ?.. '. COUNTY, PA., doh eb?1???alfeputize the Sh ri of Lancaster County to execute this W tveturn th reo Ing to law. This deputation being made at the request and risk of the plaintiff. ?p SNEaiFr OF.'- C ? M S. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Ctnnberland 1 1 (.?jJ V5 ()v I ?3?v 1CXo 7V PM EST EDST 23. ATTEMPTS Data /.i.-a9 Miles ? Dep. Int. zsF Date /2 Miles Dep. Int. ?fy/ I Data Milos I Dep. Int. Date I Milos I Dep. Int. Date Miles Dap. Int. 24. Advance GOata 25. Service Costs 26. Notary Cert. 27. Miles a/Postage/N.F. 28. Total Costs 29. COST DUE OR REFUND R (?pygg150.00 36.50 72- <-;;;I- 30. REMARKS i? e cc .? /YLG?rL?./.dt'L-U/,tf? U/ y ? ? . C,?- c(?LP 1? 37 31. AFFIRMED an subs ribed to bber- forre me this /Wff if ??/9???I?j 33. Date ?? 34. daY of /// 20 Prothonotary/CaFu1P41ata.((LO'•^ SHERIFF OF LANCAST15R CI MY COMMISSION EXPIRES f AR' De Sigyneriature of 32 p . Sn ?(CJ? 35. Signature of Sher 36 Oal/ 1. WHITE -Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Shad frs Office 'aA/'11 SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 a (717) 299-8200 SHERIFF SERVICE PLEASE TYPE PROCESS RECEIPT, and AFFIDAVIT OF RETURN I DO NOT DETACH ANY COP" 1. PLAINTIFF/S/ 2. COURT NUMBER lr eT:,r; 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT 1kctxt±-t=1 <- ,?tC. .'.f ir", . ,..(1T'.n1d7ilt, reinstated SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED I??rcr.,.: to ' n; 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) 7. INDICATE UNUSUAL SERVICE: X DEPUTIZE O OTHER (_ i,urnz,r land Now, 20 I, SHERIFF OF` COUNTY, PA., do h r y utize the S f Gancas4er County to execute this Writllaa?teof to law. This deputation being made at the request and risk of the plaintiff. SHERIFF oF:MUCSIV141r COUN 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: _ i 7.Hnl,E. t 1 h'.'ar 3 H N C? a y NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under t7 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 N the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 111. DATE KEITH C BRENNE'MAN SNELI3AKER BRENNEMAN & SPARE 717) 679-8529 12/2/03 3 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) h1 CUMBERLAND CO SHERTFF'S OFFICE SPACEBELOIN FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13.1 acknowledge receipt of the writ NAME of Authorized LCSO Deputy or Clerk 14. Date Received 115. Expiration/Hearing date orcomplaint esindicated above. f ANNETTE WAL'PON f 717) 295-3609 1 _7/I 1!43 '/2,,'04 16. 1 hereby CERTIFY and RETURN that l ? have personally served, O have legal evidence of service as shown in "Remarks", O have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. P I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18.1 Name and title of individual served (if not shown above) (Relationship to Defendant) 19. ONo Servioe See Remarks Below (No. 30) 20. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Two. 21. Date of Service 22. Time State and Zip Code) PM EST EDST 23. ATTEMPTS Date Miles Dep Int. Date- Miles Dep. Int. Date Miles Dep. Int. Data Miles I DepAri I Date Miles Dep. Int. 24. Advance Costs 25. Service Costs 26. Notary Cert. 27 Mileage/Postage/N.F. 28 Total Costs 29 COST DUE OR REFUND R 0. QG 3!i.50 30. REMARKS: 1 , I 31 AFFIRMED-and subscribed to before the this / ? , T 34 day of • '/ / r .>? 20 Prothonotary/DeaWY/NOteryF,Nbac. MY COMMISSION EXPIRES' -? % 00 ANSWER. J2. Sigynature of Dep- SherlIf "- 35- Signature of Sheriff. f K- '.'','.y,v to 33 Date I36. Date y , r t Swill . D,-'ANCASresi 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriffs Office i Curtis R. Long Prothonotary Office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573