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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