HomeMy WebLinkAbout01-04141COMMbNY3E/~TN OF PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICY
NOTICE OF APPEAL
Notice is given that the appellanT has filed in the above Court of Common Pleas on appeal from the judgment rendered by the District Justice on the
date and in the case mentioned below
CV 19 I~~ry~/
LT 19
This bock will be signed ONLY when this notation is required under Pn R.C.PJ.P. Na if appellant was~LAIMANT (See Pa. R.C.P.J.P. No.
1008&
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
filing his NOTICE of APPEAL.
Signature o/ Prothonotary a Depu[y
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
NOTICE OF APPEAL
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No
FROM
(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 Jus[ice.
IF NOT USED, detach from copy of notice of appeal to be served upon appegee).
PRAECIPE: To Prothoratary ,
Enter rule upon
appellee(s), M file a complaint in this appeal
(Common Pleas Nn nl - ~/ ~/I r,1 /I ~ l) within twenty (20) days after s r t o uk: or suffer ~r~ry of judgment of non pros.
a ./
AYii
~ ~'`~ ~~ ~~~ of or his attorney or agent
RULE: To ~~ ~1'T V~y~P appellee(s).
Name of appellge(s)
(1) You are notified that a rule is hereby entered upon you ro file a complaint in this appeal within twenty (20) days offer the date of
service of this ruk: upon you by personal service a by certified a registered mail
(2) M you do not fik: 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: ~U. ~~~~ ~o[c~~~g~~~/~~ ~ ~A'e[-tr i r %• ~~---~2`-!-/ le,f1/ft
----7k Spa of gwrplary or D9uub
novc a,z-ea COURT FILE TO BE FILED WITH PROTHONOTARY
;d19~A!#sme~a£~ ~, ,~,~ ~..:a .. ,:.a... ,.. _..,..,. ,., ,.: ~ . ~ . s ~~~s o.em~~mw~namnua-umm~e~a.+a ~,~. •:~u~ saa,w ~a+n; pum cw a+,az ~unm-sr+w. s
i
RR{3t~F F SERVICE ~F PIC}T°I~E ~F ASE>EAL APED RIJE.E T~ FILE C~MPLAIPET'
{This proot of seruioe PiPitST BE FftED WJTN1At TEN (10) DAYS AFTER tiling the no&ce of appeaG Oheck appttcabte boxes)
COFAf~AOtdWEALTF+. CYIF FrEPlMwYL'J.Qit~lA
AFFIC}AVI'1": ! I~ereby swe~nrnr a##irrn that I served
C1 a copy of the N+atice afi Appeal, Gomman Pleas No. ~~, upon the District Justice designated therein an
(dEaPa aF service) w.________._~. _...-~ , I_l by personal servlae ^ by (eerfifiied} (;egisteretlJ mail, sender's
receipt attached heretio, a~td upon the appeNee, (name} _____ _ on
m__.._ .__ , 19_ _e O by persona! service (~ by {certified} (registered} mail, sender's receipt attached hereto.
~' ar:d further that i~served the Rule to FiEea Complaint accompanying the above Notice of Appeal upon the appellee(s)to whom
fihe P;uie was addressed an __ __ _ _ ~., i9_._~ [~ by personal service ~ bi+r (aertifie+#) {registeretl}
m<+il, sender`s receipt attached hereto.
SWORN (AFFIRAA6D) AND SLi6SCRt0EC7 6EFORE hAE
THIS _. ____ DAY Of _ ___ , 19~~_
Signature of afftant
Signe#o:a of otfraai Uelnre whom a!@davd was n+aaa
T'itte of ofticfat
M1Ay ,:ommission expires or+ .~.__~_ . 71_.,.___
t^ -_ =9
,~.
J T
~^
'
~
1r
, ' -
_
c _ ~
:`~
"
~-o
`--~ iti ~
.
~ y
/
E
f
3ErviN:E!Lan~r i
COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIFT
COUNTY OF: CUMBERLAND CIVIL CASE
MA9~ Dist. No.:
09-3-05
DJ Name'. Hon.
GAYLE A. ELDER
Address: 507 N. YORR ST.
MECHANICSBURG, PA
Taiapi,ene: (717) 766-4575 17055
PLAINTIFF: NAME andADDRESs
rSHELLENBERGER, BARRY L ~
108 W LOCIIST LANE
MECHANICSBURG, PA 17050
L
VS
J
DEFENDANT: NAME and ADDRESS
rSTEPHEN P CANTRELL/CMMWLTH ARCH SU-P
102-A WEST MAIN ST
MECHANICSBURG, PA 17055
STEPHEN P CANTRELL/CMMWLTH ARCH SIIP L J
102 -A WEST MAIN ST Docket No.~ CV- 0000147 - O1
MECHANICSBURG, PA 17055 Date Filed: 5/10/Ol
4
THIS IS TO NOTIFY YOU THAT:
Judgment: DRFAIILT JUDGMENT P .T
Judgment was entered for: (Name) RHRr.T.RwnERaRR,_nARRV j,
Judgment was entered against: (Name) STRPHEN P CANmRF.T.T./C!MMR**. H R .H 4ctP
in the amount of $ i ~ -~ _ An on: (Date of Judgment) F/nF/ni
Defendants are jointly and severally liable. (Date & Time)
Damages will be assessed on:
^ This case dismissed without prejudice.
Amount of Judgment Subject to
^ AttachmenUAct 5 of t 996 $_
^ Levy is stayed for days or ~ generally stayed.
Objection to levy has been filed and hearing will be held:
Amount of Judgment $ 1,865.60
Judgment Costs $ 56.00
Interest on Judgment $ . 00
Attorney Fees $ .00
Total $ 1, 921.60
Past Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
Date: Place:
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MU/S7 I}N'CLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
b .. Co ~~ Date ' ~ ;District Justice
h certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date ,District Justice
My commission expires first Monday of January, 2006 SEAL
AOPC 315-99 -
f913E~¥"- .. st!rs -~.. .,..i; t .:~.. <, .,...~-..a..k ., 4 :s,.<a..~. .:. :: .:e w, .xw:sxse:sxaa€s.x.:b;sua;..t~aaeara:ss.~,,,..... eav.;mr.'a~xaua,a; ire;.. ,. .®
~,. .
~^
U
~~~
-
C~.
~
G ~,`
l ~ ~
~
~
~ ~ 1
yy
\" ~l
r'~ Y.~ t
ClJ'
~7
T
~~
n
U
OF APPEAL
FROM
DISTRIC4 JUSTICE JUDGMENT
[OMMONPLEAS Na
NOTICE OF, APREAL
Notice is given that the, appelhnf-has filed in the above .Court of Common f leas an"appeal from The judgment rendered-6y the District Justice on the
date and in tl+e case mentioned below
ev,9~,~Q__ U,7e~~
LT 19
This bock will.be signed ONLY when this'inototion is required under Pa. R.C.P.J.P. No It a/pellarlt was~`LAIMANT see Pa. R.C.P.JP. NO.
10088.
This Notice of Appeal, when received by the District Justice, will aoperate as a 1001(6) In action bef0/e DiSf/iCt JUStICe, he MUST
SUPERSEDERS to the judgment for possession in this case. FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TSB 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 f4othonotary
Enter rule upon ~ ~ ~~~r~llf '!/ ~ ~ , appellee(s), td file'heompkgEnt in fh~.aPpeal
~f (f/ Name o/ sJ >+:.. .,,
(Common Pleas Na n~ ~ / ~ / / ~ 7 /I ~ ~ )within twenty (20) days after s rGi o "~ k~ suffer Mry afrj~gment o~.nori pros.
' ~ ore o/ apps , a his attorney or agent
RULE: To ~'?~ ~"~~ 1.d-~'°~//t'Jl, aPpellee(s).
`~-~ Name or appellee(s1
(1) You are notified thd't,a rule is hereby entered upon you to file a complainT in this appeal within twenty (20) days after the date of
service of this rule, upori;rou=j~y~fiersonal service or by certified or registered mail
p
y<'t
(~} I~ you`do not file aFtorpprain~t within this time, a JUDGMENT Of NON PROS WILL BE ENTERED AGAINST YOU.
_. .~.fi..
(~'STf~ date Of,servite of tht;,yale if service was by mail is the daM of mailing. „~
-, _
Rafe: ~~°~k' " - yP o/ for Oroub
Y'.. :}S.
~i~! 6
~ ~ _+
~. ,x...,
noac s+z-~ -..COURT FILE .
~ ~ ~p
PR~}~~~ ~P ~~IF~~IG~~ c°~F N~T6~~ ~~ diPPEAI~ ANA R4JI~E '~~ F6LE ~L?MPIAINT
(Fills praaf of sarvlce tv7UST 6E FiLED WfTH1N TEN (1(1} DAYS RFTER i11Mg the natlca of appeal. Check applieatrte boxes)
C®R~~D~dWBAL7hd A~` FEPIM~YL1iA1~ltA
CQUr~E7Y OF~1~_C ~". ~.~~~Y1 C4 ---~~_. ; as
AFFQ~A~3~'(`: i ttereGy awr~~ar oraffirm that I sewed
a copy of the Native of AppeaE, Cornrrton Pleas No. al' ~11~ 1- ~V~t,?uiaon the District Justine designated therein on
(date of service, _~-.~a__„$~~_.__~~._ lay personal service [~ certifie) (register®d} mail, sender's
receipt attached hereto, and upon the appellee, {name) ~J~~1~'0.~ - an
_. ~~-_ . iif~~J L1 key personal service ~ b ae.~rtified} regis#ered} mail, sender's receipt attached hereto.
^ and tuither thatlserved tht RUie to FileaComplaint accompanying the above Notice at Appeal upon the appellee{s)to whom
the ;`yule ryas addressed nn _..______ , 99____, (~ by personal service ~'! by (certified} {registered}
mall, sender's te~ae3pt attached hereto,
SN/ORfv {AFFiR~9FD} AND SUBSCFi10ED BEFORE PAE
r~l~__..~__~_DAYC3F ~2ocy
~,_..~°°~ ~~~7~ "~
Signah<re CE o)fr-.ivhcrr, n/IrdsaiP was me
Titfc ot,~.ri Tat ;:'. - °' -~_
4~ G. FRY, Notary PugBt:
mtyaoman C'iU11,itiB178I1d ,a____._
0; res 'ell 18, 2005
~~ ~ ~' _
! Sig~ffiartt
C:
-
C.: ._-
-t.; ,.
1s1~
~t.., ~~
lrlJ c::
..~
~
~
-
~ ~-
r
ifl
c >:
~
~~
' `~•
Y I~ ~;
.. ts'
PLAINTIFF:
SHELLENBERGER, BARRY L.
108 N. LOCUST LANE
MECHANICSBURG, PA 17050
VS.
COIUIIVION PLEAS No. 41-4141
Date: July 9, 2001
DEFENDANT:
STEPHEN P. CANTRELL/CMMWLTH ARCH SUP
102-A WEST MAIN ST.
MECHANICSBURG, PA 17055 ,
Complaint: The above named plaintiff asks ju t a~ for $i_921.50 together
with costs upon the following claim.
DID SUB JOBS: KUTZTOWN SCHOOL.
11/IS/00: HERSI~EEYMAINTAINENCEBITILDING
WAS NOT PAID FOR WORK OIV SUB JOBS.
HAVE ALL BII,LS.
3UDGEMENT COSTS FOR CIVIL CASE.
••d'~•'.•-"WW44@~Y4R®CNfm'#'3i4ed-n19kISW"~4e&mu' m~3:tY?&'r i1G .._ •. •~•-••~.. ivy.. •tlBHWJL wm®®e~~~..
BARRY L. SHELLENBERGER, and
VETERANS GLASS,
PLAINTIFFS
vs.
STEPHEN P. CANTRELL, and
COMMONWEALTH ARCHITECTURAL
SUPPLIES, INC.,
DEFENDANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-4141
CIVIL ACTION - LAW
NOTICE TO DEFEND AND CLAIM RIGHTS
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 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 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
Two Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
BARRY L. SHELLENBERGER, and
VETERANS GLASS,
PLAINTIFFS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
STEPHEN P. CANTRELL, and
COMMONWEALTH ARCHITECTURAL,
SUPPLIES, INC.,
DEFENDANTS
No. 01-4141
CIVIL ACTION - LAW
AMENDED COMPLAINT
1. Plaintiff is Barry L. Shellenberger, an adult individual
who currently resides at 108 N. Locust Lane,
Mechanicsburg, Cumberland County, Pennsylvania 17050 and
t/d/b/a Veterans Glass:
2. Defendants are:
a. Stephen P. Cantrell, an adult individual who resides
in the Commonwealth of Pennsylvania and who trades and
does business as Commonwealth Architectural Supplies,
Inc. which has a business address of 102-A West Main
Street, Mechanicsburg, PA 17055.
b. Commonwealth Architectural Supplies, Inc., a
corporation organized and existing under the laws of
the Commonwealth of Pennsylvania, with a business
address of 102-A West Main Street, Mechanicsburg, PA
17055.
3. Upon information and belief, Stephen P. Cantrell is the
owner and sole shareholder of Commonwealth Architectural Supplies,
Inc.
4. Plaintiff and Defendant agreed that plaintiff would work
as a sub-contractor for Defendant and install a bathroom partition
at Kutztown Middle School.
5. Plaintiff and Defendant agreed that Plaintiff would work
as a sub-contractor for Defendant and install a bathroom partition,
lockers, and a work bench at the Hershey Maintenance building.
6. On or about November 14, 2000, November 15, 2000, and
December 21, 2000, Plaintiff completed the installation of a
bathroom partition in Kutztown Middle School and billed Defendant
$1,326.00 for said work.
7. On or about November 9, 2000, November 27, 2000,
November 28, 2000, November 30, 2000, and December 13, 2000,
Plaintiff completed the installation of a bathroom partition,
lockers, and workbench at the Hershey Maintenance Building and
billed Defendant $1,169.00 for said work.
8. Plaintiff received the following payments from
Defendant:
a. December 9, 2000, payment amount of $5.00;
b. February 1, 2001, payment amount of $500.00;
c. March 12, 2001, payment amount of $250.00.
9. After Defendants payments are deducted from Plaintiffs
billing invoices, the Defendant owes Plaintiff a balance of
$1,740.00.
8. Plaintiff repeatedly requested Plaintiff to pay the
balance due.
9. Despite demand. therefore, Defendants have failed and
refused to pay the balance due.
10. Defendant has received the benefit of Plaintiffs
Services.
WHEREFORE, the Plaintiffs, Barry L. Shellenberger and Veterans
Glass, respectfully demands judgment in its favor and against the
Defendants Stephen P. Cantrell and Commonwealth Architectural
Supplies, Inc., in the amount of $1,740.00, plus District Justice
costs of $56.00, plus attorney fees, plus interest and other costs
of suit.
Respectfully submitted,
_J/~~~.~._...~-
arli L. Markley, Esquire
Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
Date: w-I~-ZUd( ID# 84745 Tel. (717) 763-1800
BARRY L. SHELLENBERGER, and IN THE COURT OF COMMON PLEAS OF
VETERANS GLASS, CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFFS .
vs. No. 01-4141
STEPHEN P. CANTRELL, and CIVIL ACTION - LAW
COMMONWEALTH ARCHITECTURAL .
SUPPLIES, INC., .
DEFENDANTS .
VERIFICATION
I verify that the statements made in this Complaint are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn
falsification to authorities.
Date: ~-2 D~
S
BARRY L. SHELLENBERGER, and IN THE COURT OF COMMON PLEAS OF
VETERANS GLASS, CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFFS .
vs. No. 01-4141
STEPHEN P. CANTRELL, and CIVIL ACTION - LAW
COMMONWEALTH ARCHITECTURAL .
SUPPLIES, INC., .
DEFENDANTS .
CERTIFICATE OF SERVICE
I, Marlin L. Markley, the undersigned hereby certify that I
did serve a copy of the foregoing Amended Complaint upon the
Defendant by causing same to be deposited in the United States
Mail, first class postage prepaid, addressed as follows:
Stephen P. Cantrell
102 A West Main Street
Mechanicsburg, PA 17055
Respectfully submitted:
Marlin L. Markl , Esquire
Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
Date: / (~ ' `~ `ZUd~ ID# 84745 Tel. (717 ) 763-1800
BARRY L. SHELLENBERGER, and
VETERANS GLASS,
PLAINTIFFS
vs.
STEPHEN P. CANTRELL, and
COMMONWEALTH ARCHITECTURAL
SUPPLIES, INC.,
DEFENDANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSXLVANIA
No. 01-4141
CIVIL ACTION - LAW
PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT FOR FAILURE TO PLEAD
Kindly enter judgment for the Plaintiff and against the
Defendant in the above captioned case.
1. The above captioned case resulted from the Defendant
filing a notice of appeal following a District Justice
hearing.
2. Defendant subsequently served Plaintiff with the notice
of appeal and Praecipe to enter rule to file complaint
and rule to file, on July 3, 2001.
3. Plaintiff filed a complaint in the above matter and
served it upon Defendant on July 11, 2001.
4. Plaintiff filed an amended complaint on October 11, 2001
and immediately served it upon Defendant.
5. As of November 8, 2001, Defendant has still not filed an
answer to either the complaint nor the amended
complaint.
6. Plaintiff's counsel served the Notice of Praecipe for
Entry of Judgment by Default for Failure to Plead, by
first class mail on October 24, 2001.
Respectfully submitted:/~
~_._/
" arlin L. Markley, Esquire
Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
,~_ p^2 ~0, Camp Hill, Pennsylvania 17011-4706
Date: 0 ID# 84745 Tel. (717) 763-1800
BARRY L. SHELLENBERGER, and
VETERANS GLASS,
PLAINTIFFS
vs.
STEPHEN P. CANTRELL, and
COMMONWEALTH ARCHITECTURAL
SUPPLIES, INC.,
DEFENDANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 01-4141
CIVIL ACTION - LAW
To: Stephen P. Cantrell
Date of Notice: October 24, 2001
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,
A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTAINT 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
Two Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
Respectfully submitted:
Marlin L. Markley, Esquire
Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
~ , Z~/,Z~U~I Camp Hi11, Pennsylvania 17011-4706
Date: ~~/ ~ ID# 84745 Tel. (717) 763-1800
BARRY L. SHELLENBERGER, and IN THE COURT OF COMMON PLEAS OF
VETERANS GLASS, CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFFS .
vs. No. 01-4141
STEPHEN P. CANTRELL, and CIVIL ACTION - LAW
COMMONWEALTH ARCHITECTURAL .
SUPPLIES, INC., ,
DEFENDANTS .
CERTIFICATE OF SERVICE
I, Marlin L. Markley, the undersigned hereby certify that I
did serve a copy of the foregoing Notice Of Praecipe To Enter
Judgment By Default upon the Defendant by causing same to be
deposited in the United States Mail, first class postage prepaid,
addressed as follows:
Stephen P. Cantrell
102 A West Main Street
Mechanicsburg, PA 17055
arkley, Esquire
Law Offices of Patrick F. Lauer, Jr.
2108 Market Street, Aztec Building
U - ~ .~ v U Camp Hill, Pennsylvania 17011-4706
Date: ~ ~ ID# 84745 Tel. (717) 763-1800
Respectfully submitted:
Marli L. M
Ia'pP~YLMef~~iir-sPkA6~ffiknxs0ltabYn
} V ~. J
'•~
V
r
o~ G
.a
! ~ ~f}
t:l
~~
W
°4
~ ,_ -,
~
C
i V ~ ~° f~
f
f
1 ~ ~
r~
rt
Q