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HomeMy WebLinkAbout03-2566COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 03 ' ~ ~L~m NOTICE OF APPEAL Notice is given that the oppellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice an the date and in the case mentioned below. ~ ~ I ~T~E ~ ~ ~ ~ A~F~Y ~ ~T ~ lh~ ~c~ will ~ ~ ~tY ~ this ~ is ~ui~ u~ ~ R.CPJ~. ~ # ~ll~t ~S ~IMA~T (~ ~. ~.~.P.d.P. ~o. 1~8& 1~1 (6) in ~ti~ ~f~ Dis~ict J~tice, ~ ~ST ~ ~t~e of A~I, ~ mcei~ ~ ~ District Jus~e, ~11 ~ as a ~PERSEDEAS ~ ~ j~ ~ ~ in this case FILE A COMPLAINT within twen~ (20) da~ after filing his NOTICE of A~EAL. Si~a~m of ~oth~y ~ ~ty 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 UlX)n L-e' ~ ~ t~~'/I ~. '~ P~.J b~ ~ -- ~e40/']~' , appellee(s), to file a complaint in this appeal _ twer~ (20) do~s otter serYice of rule ~ suffer entry of j merit oF nan pros, RULE, To ['~_G~L ~ Name o~ appellee(s) {I) Yo~ om notified that o role is hereby entered upon ¥o~ to file o comp~int in this opped within twenty (20) cloys offer the d~e of se~¥ice of this role upon you by pmsonol service or by certified or registered m~i~ (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. AOPC312-90 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 (I0) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ........................................................................................................................ ;SS AFFIDAVIT: t hereby swear or affirm that I served [] a copy of the Notice of Appeal. Common Pleas No ............................................................. upon the District Justice designated therein on (date of service) ....................... ' [] by personal service [] by (certified) (registered) mail. sender's receipt attached hereto, and upon the appellee, (name) :7.=: ............................ i ........ on , [] by persona service [] by (certified) (registered) mail, sender s receipt attached hereto. [] and further that t served the Rule to File a Complaint accompanying 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 THIS ...................... DAY OF .................................................... Signature of aff, iar;! My commission expires on ................................................................ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09 -3 -03 DJ Name: Hon. SUSAN K. DAY Add~ess~ 229 MILL STREET, BOX 167 MT. HOLLy SPRINGS, PA Telephone: (717) 486-7672 17065 THOMAS HELLYER 1787 RIDGE RD. GARDNERS, PA 17324 THIS IS TO NOTIFY YOU THAT: Judgment: ~ Judgment was entered for: J~ Judgment was entered against: in the amount of $ I: nR~;. 2-0 on: L--~ Defendants are jointly and severally liable. ~ Damages will bl assessed on: ~--~ This case dismissed without prejudice. J----'~ Amount of Judgment Subject to Attachment/Act 5 of 1996 ~ NOTICE OF JUDGMENT/TRANSCRIPT PL^'NT'FF/J UDGME S E NAME and ADDRESS ~LESTER & MARION RUPP-RUpps PAINTIN~ 321 W. PENN ST. CARLISLE, PA 17013 VS. _1 DEFENDANT/JUDGMENT CJ:~:I. EDITOR: FHELLYER, THOMA~^M~ and ADDRESS 1787 RIDGE RD. GARDNERS, PA 17324, cv-°°°°oz2-o:l 1/17/o3 Docket No.: Date Filed: (Name) (Name) !n !n3 (Date of Judgment) (Date & Time) Amount of Judgment $ I 000.00 Judgment Costs $ 86 o 20 Interest on Judgment $., .00 Attorney Fees $ .00 Total $ i 086.20 $ $ Post Judgment Credits Post Judgment Costs Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN_30. DAYS. AF'..EER_THE ENTRY_ OF_JUDGMENT B.¥FILIJ~IG A NO_TICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COlbeRT OF COMMON PLI~AS, 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 REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT· I certify that this is a true ~nd correc~ ~ of-~e ~ngs ~, conta~ ' Date . . My commissipn expires first Monday of January, 2004 · SEAL,::' AOPC 315-03 COMPLAINT MARIAN L. RUPP & LESTER E. RUPP OF RUPPS PAINTING PLAINTIFF VS. THOMAS P. HELLYER DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA. NO. 0000012.03 CIVIL TERM CIVIL ACTION. LAW NOTICE TO DEFEND YOU HAVE BEt~.SUED IN COURT. IF yo~j WiSH TO D~a,F. ND A~ THE CLA1MS SET FOURTH IN THE FOLLING PAGF...q. YOU MUST TAKE ACTION WITHIN TWENT~ (20) DAYS A~-[~R TI-HS COMPLAINT AND NOTICE SERVED, BY E~iI~ A t~{~l'l-l]~{ APImF. ARANCE PEP.,."~ALLY OR BY AN ATTORNEy AND Fa 'r~G IN WRI'rlNG ~TI'I THE CKKIRT Y~ ~S OR O[~=.C~ONS ~ ~ ~ ~ FOR~ AGAINST yOU. yOU ARE WARN[~ THAT IF YOU FAIL TO DO SO ~ CASE MAY PROCEED WITHOUT YOU AND A JUDEGMENT MAy BE EN-iic~Ri~) AGAINST YOU By THE COURT WITHOUT FUTHER NOTICE FOR ANY YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT TAKE HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO WHERE YOU MAY GET LEGAL HELP. OR TELEPHONE THE OFFICE. SET FORTH BELOW TO FIND OUT CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA. 17013 717-249-3166 OR 1-800-990-9108 ' MARIAN & LESTER RUPP OF RUPPS PAINTING. PLAINTIFF VS. THOMAS HELLYER DEFENDANT COMPLAINT COMPLAINT IN THE COURT OF COMMON PLEAS CUMBERAND COUNTY PA, NO. 0000012.03 CIVIL TERM CIVAL ACTION LAW 1. MARIAN & LESTER RUPP PLAINTIFF OF RUPPS PAINTING AT 321 WEST PENN ST. CARLISLE PA. 2. THOMAS P. HELLYER DEFENDANT 1787 RIDGE RD. GARDNERS, PA. 17324 3.LESTER RUPP OF RUPPS'PAINTING, HAD A CONTRACT TO PAINT THOMAS HELLYERS HOUSE. 4. THE CONTRACT WAS FOR $2,000.00. 5. SEVERAL ATTEMPTS WHERE MADE TO GET THE BALANCE. (PHONE). 6.HE PAID $1,000.00, AND IT TOOK 3 WEEKS FOR THE CHECK TO CLEAR. ( 10-9-02 ). 7. WE ARE SEEKING $I ,086.20 AT THIS TIME. 8.AS TO THIS DATE, WE HAVE NOT GOT PAID....6-11.03 9.LESTER RUPP OWNER OF RUPPS PAINTING, HAD A CONTRACT TO PAINT THOMAS HELLYERS HOUSE, FOR $2,000.00. HE DID PAY $1,000.00 DOWN WHEN MR. RUPP STARTED PAINTING WHICH IS HALF OF THE TOTAL CONTRACT. ON OR ABOUT 10-9-02. MR RUPP~ ON 11-24..02.. WE ALSO PUT A MESH COVER OVER THE RAN GUTTER.. WHICH WET-tAD CHARGED HIM $ 250.00. ALSO MR RUPP POWER WASHED THE WHOLE HOUSE, AND ALSO CLEANED OUT THE LEAVES AND DIRT IN THE GUTTERS. MR RUPP WENT UP ON 11-24-02 TO DO SOME TOUCH UP,S I MARIAN RUPP WAS WITH HIM THAT DAY, SAW MR, HELLYER PAT HIM ON THE BACK AND SAYING, THE CHECK IS IN THE MAIL. AFTER SEVERAL PHONE CALLS ,LEAVING MESSAGES. HE DID NOT RETURN MY CALLS. I WAITED UNTIL, DECEMBER -17-02. AND SENT HIM A CERTIFIED LETTER, WHICH HE WOULD.,~.[~CK IT UP.THE MAIL MAN TRYED TO DELIVER THE LETTER 3 TIMES ,I GOT THI~CERT FED LETTER BACK ON THE 1-9-03.. ~" SEVERAL DAYS LATER HE SENT A VERY INTIMIDATING LEl 1 ER WANTING TO PAY US $100.00..~' I THAN FILED A HEARING AT SUSAN DAYS D STRICT JUSTICES OFFICE ON 1-17-03. IT TOOK ABOUT 2 MONTHS TO SERVE HIM. THEN WE HAh A HEARING ON 5.1-03 AT 1:30 PM. WE WON THE AMOUNT FOR $1,086.20. IN THE JUDGMENT... MARIAN L RUPP ~ CO-OWNER OF RUPPS PAINTING 321 WEST PENN ST. CARLISLE, PA. 17013 ( 717 ) 243-4272 MARIAN L. RUPP & LESTER RUPP OF RUPPS PAINTING PLAINTIFF VS. THOMAS HELLYER DEFENDANT IN THE COURTS OF COMMON PLEAS CUMBERLAND COUNTY PA. NO. 0000012-03 CIVIL ACTION LAW VERIFICATION THIS VERIFICATION IS MADE SUBJECT TO THE PENALTIES OF ~18 PA. C.S. SECTION 4904. RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES WHICH PROVIDES THAT, IF I KNOWINGLY MADE FALSE AVERMENTS, I MAY BE SUBJECT TO CRIMINAL PENALTIES, MARIAN L. RUPP PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEAL~T~OF PENNSYLVANIA COUNTY OF ;SS AFFIDAVIT: I hereby swear or affirm that I served aco of the Not ce of A ea Co monPleasNo ~.~..,,¢~(_...= u onth 'strctJustic ' ' [] py pp§~ 1, in _ · ............. p ~ e designated thereto on (date of service) ~ | .,~ 1 O.~ [~ by ~ersonal sejvice [~}/by.(certified) (registe,/ed~mail¢ sender's receipt attached hereto, and upon the appellee, (name) _L~__,C,.,(-~.L_E~/~,,~ o J ~,~i,~,~ ~ C~_~_~L..,,.~_.._~_,~, on [] by personal serv ~e [] by (certifie~i (register~i ma'~,' ~n~Ts-r~ipt atta~"~d~-~reto, [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. · Complete items 1, 21 and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: A. Received b' [] Addressee D. Is delivery address different from item 1 ? [] Yes If YES, enter delivery address below: ~ ~,'7~ ~.Tybe d Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) r"l Yes 2. Article Number (Copy from service label) PS Form 3811, July 1999 Domestic Return Receipt 102595-00-Mo0952 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON pLEAS JUOICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT CQMMON PLEAS N~ ~ . ~,~ ~.~ NOTICE OF APPEAL ! Notice is given that the ap~lant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice o~ the cv 6 0Ot g'-,,2. LT This block will be signed ONLY when this notatia~ is required under Pa. R.CP.J.P. Na. 1008B. This Notice of Appeal, when mcelved by the District Justice, will operate as o SUPERSEDEAS to the judgment for possession in this case tt at~ollant ~ C~lt~r (soe Pa. ~2.P.d.P. No. 1001 ( ~ ) ~n action boforo D~t~¢t d~tico, t'~ MUST Fl£~ A COMPLAINT wit~ln twont¥ (20) ~ aflor filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAE¢IPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This S~ction of fom~ to be used ONLY when 81,:~e1181~ wss DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in actiOn before District Justice. IF NOT USED, detach from copy of notice o! appeal to be served upon appellee). PRAECIPE: To Prothonot~-y ' --("~'~A ~' ~/"J- ~:~/2/] ~' ,appollee(s),to file a complaint in this appeal Enter rule upon - ,Name °/a/~pe'/ee(s) - I i w ~,,,,~s ~- (Commo~ Pleas N~ ~)e~ - ,,~.~'1_ ..... L FI ~/ ~-J~ ~,~ within fwenty (20) days after service~/Zof rul~ ~ suffer, entrY of j rne~t of -n°n (1) You are notified that a rde is. hereby entered upofl you to fib a complaint in this appeal within twenty (20) days after the date of (2) If you do no~ fiJe a complaint withi;~ ~H ~me,, a J~NT OF NON PROS WILL BE ENTERED AGAINST YOU. {3) The date Oj~ ~rvice of~ this rule:If smvicewc~s by mail is fhe date of mailing. AOPC 312-90 COURT FILE ANSWER MARIAN & LESTER RUPP OF RUPPS PAINTING PLAINTIFF VS. THOMAS HELLYER DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 0000012-03 CIVIL TERM CIVIL ACTION LAW ANSWER TO COMPLAINT 1. AGREED 2. AGREED 3. AGREED 4. AGREED 5. AGREED 6. IT IS AGREED THAT $1000.00 WAS PAID TO RUPP'S PAINTING AS A DEPOSIT TOWARD THE CORRECTLY AND AGREED UPON COMPLETION OF THE PAINTING OF THE EXTERIOR OF MY HOME. HOWEVER, REGARDING THE 3-WEEK PERIOD FOR MY CHECK TO CLEAR, MY CHECK WAS NEVER RETURNED TO ME, AND I WAS NEVER INFORMED BY MY BANK THAT THERE WAS A PROBLEM WITH THE CHECK. ADDITIONALLY, I WAS NEVER ASKED AND DID NOT FURNISH THE RUPPS WITH A REPLACEMENT CHECK. FURTHERMORE, I AM NOT AWARE OF ANY BANK THAT WOULD ALLOW A CHECK OF QUESTIONABLE INTEGRITY TO CIRCULATE FOR 3 WEEKS. MR. RUPP INFORMED ME OF HIS BANK'S DIFFICULTY IN PROCESSING MY CHECK, AND I SUBSEQUENTLY GAVE MR. RUPP ACCESS TO MY BANK ACCOUNT BALANCE, WHICH INDICATED OVER $16.000.00 AVAILABLE FOR DEBIT. MR. RUPP ACKNOWLEDGED THIS FACT AT THE HEARING BEFORE DISTRICT JUSTICE DAY. CLEARLY, THE PROBLEM PROCESSING MY CHECK LIES WITH THE RUPPS AND/OR THEIR BANK. MOST IMPORTANTLY, ISN'T THIS ISSUE IRRELEVANT TO THE PURPOSE OF THESE PROCEDINGS? AFTER ALL, THE RUPPS DID GET THEIR DEPOSIT. 7. GIVEN THE DAMAGE CAUSED TO MY PROPERTY AND THE INCOMPLETE AND CARELESS WORK OF RUPP'S PAINTING, THEY ARE IN BREACH OF THE CONTRACT BETWEEN US. THEREFORE, AFTER OBTAINING QUOTATIONS TO CORRECT THE AFOREMENTIONED STATUS OF MR. RUPP'S WORK, RUPP'S PAINTING IS ENTITLED TO $100.00 COMPENSATION BEYOND THE $1000.00 DEPOSIT. THE DAMAGE CAUSED TO MY PROPERTY AND THE INCOMPLETE WORK OF RUPP'S PAINTING CAN BE SUBSTANTIATED VIA PHOTOS, WITNESS, AND QUOTATIONS FROM ALTERNATIVE CONTRACTORS. 8. AGREED 9. RUPP'S PAINTING WAS IN BREACH OF AN ORAL CONTRACT TO BEGIN PAINTING MY HOME ON OR ABOUT AUGUST 15, 2002 - MRS. RUPP STATED THAT THEY WOULD BE AVAILABLE TO PAINT MY HOME IN THE SECOND WEEK OF AUGUST. MR. RUPP'S CLAIM THAT HE BEGAN TO POWERWASH MY HOME ON OCTOBER 9, 2002 IS INCORRECT. ACTUALLY, MR. RUPP BEGAN POWERWASHING MY HOUSE ON OR ABOUT OCTOBER 28, 2002. MR. RUPP IS CORRECT REGARDING HIS COMPLETION DATE OF PAINTING MY HOME; IT WAS ON OR ABOUT NOVEMBER 24, 2002. IN THE INTERIM, BETWEEN POWERWASHING THE EXTERIOR OF MY HOME AND PAINTING IT, THERE WERE SEVERAL OCCASIONS WHEN MR. RUPP COMMITTED TO BEING AT MY HOME TO FULFILL THE CONTRACT; HOWEVER, HE NEVER ARRIVED AND DID NOT CALL TO INFORM ME THAT HE WOULD NOT BE COMING. IT SHOULD BE NOTED THAT THERE WERE SEVERAL DAYS ON WHICH THE INCLEMENT WEATHER MADE IT IMPOSSIBLE FOR MR. RUPP TO WORK ON THE HOUSE, BUT NOT ENOUGH DAYS TO JUSTIFY THE FOUR WEEKS IT TOOK TO POWERWASH AND PAINT MY HOME. MRS. RUPP IS CORRECT WHEN SHE INDICATES THAT I ASKED MR. RUPP TO CLEAN MY GUTTERS AND INSTALL A GUTTER GUARD WHILE HE WAS ON THE ROOF TO PAINT THE SECOND STORY OF MY HOME. HOWEVER, MRS. RUPP FAILS TO INDICATE THAT THE GUTTER GUARD INSTALLED BY MR. RUPP - A PLASTIC MESH - WAS NOT WHAT MR. RUPP AND I HAD AGREED TO INSTALL. I HAD REQUESTED THAT AN ALUMINUM GUTTER GUARD BE INSTALLED TO RESIST COMPRESSION OR COLLAPSE DUE TO AGE OR LOAD - SNOW OR DEBRIS. UNFORTUNATELY, MR. RUPP MADE AN ARBITRARY DECISION TO INSTALL A GUTTER GUARD THAT I DID NOT APPPROVE. THEREFORE, I CONSIDER MY COMPENSATION RESPONSIBILITY TO MR. RUPP TO BE LIMITED TO $50.00 REGARDING THE CLEANING OF MY GUTTERS. MRS. RUPP IS ALSO CORRECT WHEN SHE STATES THAT SHE SAW ME PAT HER HUSBAND ON THE BACK AND SAY THAT THE CHECK WAS IN THE MAIL. HOWEVER, AFTER IT BECAME CLEAR THAT MR. RUPP'S WORK WAS INCOMPLETE, INFERIOR, AND DESTRUCTIVE, I CHOSE INSTEAD TO SEND A SETTLEMENT PROPOSAL AND A LETTER INDICATING MY DISSATISFACTION WITH THE WORK OF RUPP'S PAINTING. MRS. RUPP IS ALSO CORRECT WHEN SHE INDICATES THAT I DID NOT PICK UP THE CERTIFIED LETTER. GIVEN THE SCOLDING TONE OF HER PHONE MESSAGES TO ME, IT WAS CLEAR THAT ANY WRITTEN CORRESPONDENCE FROM HER WOULD BE MORE OF THE SAME HARASSMENT. MRS. RUPP'S CLAIM THAT MY LETTER TO RUPP'S PAINTING WAS VERY INTIMIDATING IS A DISTORTION AND REPRESENTATIVE OF MRS. RUPP'S INABILITY TO DECIPHER BETWEEN A VERY DIRECT AND TO-THE-POINT CORRESPONDENCE AND AN INTIMIDATING CORRESPONDENCE. NO ASPECT OF THE LETTER SENT TO THE RUPPS WAS INTENDED TO BE INTIMIDATING; ON THE CONTRARY, IT WAS INTENDED TO BE CONCILIATORY, REASONED, AND FAIR. UNFORTUNATELY, MY LETTER DID NOT INDICATE WHAT MRS. RUPP WANTED TO READ OR HEAR; THEREFORE, SHE HAS CHOSEN TO LABEL THE LETTER AS INTIMIDATING IN AN EFFORT TO PORTRAY ME NEGATIVELY OR AS A BULLY. MRS. RUPP IS CORRECT WHEN SHE INDICATES THAT IT TOOK TWO MONTHS TO SERVE ME; HOWEVER, IN ANOTHER ATTEMPT TO DISTORT THE CIRCUMSTANCE, MRS. RUPP NEGLECTS TO MENTION THAT DUE TO INCLEMENT WEATHER, THE CONSTABLE REFUSED TO TRAVEL TO MY HOME IN THE SOUTH MOUNTAINS. ONCE AGAIN, MRS. RUPP HAS CHOSEN TO DISTORT OR INDICATE A HALF-TRUTH IN ORDER TO PORTRAY ME IN SOME NEGATIVE AWAY - 3-WEEK CHECK CLEARING, INTIMIDATING LETTER, PLASTIC MESH VS. ALUMINUM GUTTER GUARD, 2 MONTHS TO SERVE, ETC. THOMAS HELLYER 1787 RIDGE ROAD GARDNERS, PA 17324 (717) 486-7996 MARIAN & LESTER RUPP OF RUPPS PAINTING PLAINTIFF VS. THOMAS HELLYER DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 0000012-03 CIVIL TERM CIVIL ACTION LAW VERIFICATION THIS VERIFICATION IS MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. SECTION 4904, RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES, WHICH PROVIDES THAT, IF I KNOWINGLY MADE FALSE AVERMENTS, I MAY BE SUBJECT TO CRIMINAL PENALTIES. THOMAS HELL'ER 7/14/03 MARIAN L. RUPP/RUPPS PAINTING PLAINTIFF VS IN THE COURT OF COMMON PLEAS CUMBERLAND OOU NTY,PENNSYVANIA THOMAS H E~4LYER DEFENDANT NO 0000012-03 CIVIL LAW CIVIL ACTION LAW 2003 RULE 13]? · The Petition for Appointment of Arbitrators shall be substantially in the following form. PETITION FOR APPOINTMENT OF ARBITRATORS · THE HONORABLE, THE JUDGES OF SAID COURT: MARIAN L. RUPP ,counsel for the plaintiff/defendant in the above action ( or actions). respectfully reprents that: i .The above-captiioned action ( or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 1,086.20 The counterclaim of the defendant in the action is WORK PERFORMED. The following attorneys are interested in the case( s ) as counsel or are otherwise disqualified to sit as arbitrators. WHEREFORE .your petitioner prays your Honorable Court to appoint three(3) arbitrators to whom the case shall be submitted. Respe.~tfully submitted,,,/') ~ ~ARIAN L. RUPP/RUPPS PAINTING ORDER OF COURT AND NOW, .(~_ /~ .2003. in considration of the foregoing petition, Esq, an~d .,~./~ ...,~/_.g~/-d~.,Esq, are appointed arbitators in the above captioned action ( or act,'-~'"-o~ ) as prayed for. By the Court MARIAN L RUPP/OF RUPPS PAINTING PLAINTIFF VS THOMAS HELLYER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PA. NO. 0000012-03 CIVIL TERM CIVIL ACTION LAW CERTIFICATE OF SERVICE ON THIS ~_~DAY ~,2003. IMARIANL, RUPP CERTIFY THAT I SERVED A TP~E A~) CORRECT COPY OF THE FOREGOING REPLY TO NEW MATT~R UPON THE FOLLING VIA UNITED STATES MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: TO: THOMAS HELLYER 1787 RIDGE ROAD GARDNERS PA. 17324 (717) 486-7996 MARIAN L. RUPP 321 WEST PENN ST, CARLISLE PA. 17013 ( 717)-243-4272 LESTER and MARION RUPP and, RUPP'S PAINTING Plaintiff THOMAS P. HELLYER Defendants : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : No. 2566 CIVIL 2003 OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. AWARD We, the undemigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated). Date of Award: Andrew/W,~Ba~,n. / ~ f // / NOTICE OF ENTRY OF AWARD Now, the 22nd day of August, 2003 at g:.~ ~/~.the above award was entered upon the docket~nd notice thereof given by mail to the parties or their attorneys. .... Prothonotary Deputy Arbitrators' compensation to be paid upon appeal: $ c.~,~c,~).