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Home My WebLink About01-7128 FX '"",,, , ;^,' ~ ,,;~,' - .~'" --~~";<'~:;~t.;i.~';b;j~:L~~~;:!:H1i~H-i "",t;;;>-"'--: Pd\com\mcpartlndchmny.rply.wpd\1-02 ~~"-' -",' , JEFFREY MCPARTLAND and JOAN MCPARTLAND, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. CI- 7/;;J..l? CIVIL ACTION LAW JURY TRIAL DEMANDED DANIEL P. MESCALL, individually, and t/d/b/a SHAMROCK MASONRY, Defendants REPLY Paragraphs 1 through 22 of Plaintiff's complaint are incorpo- rated by reference herein as if fully set forth at length. 1. Denied. Defendant's Paragraph 1 is specifically denied. If a more specific answer is required, Plaintiffs allege that any and all work performed by Defendant was not carried out in a workmanlike manner and was shoddy at best. The collapse and the pathetic attempt by Defendant in the rebuilding is plainly evident by viewing the chimney when they used unmatched and irregular bricks. Proof thereof, if relevant, is demanded at time of trial. 2. Admitted and Denied. Plaintiffs admit that a hearing was held before District Justice Placey on November 15, 2001. It is specifically denied that Defendant was not given notice of the counter -complaint filed by the Plaintiffs on November 5, 2001, and sent on -1- .. the same day by the District Justice. demanded at the time of trial. 3. Denied. It is specifically denied that Defendant did not cause the collapse of the chimney. He was hired to restore and re- point the Plaintiffs' chimney. It is denied that the collapse was Proof thereof, if relevant, is inevitable due to ordinary wear and proof thereof, if relevant, is demanded at the time of trial. 4. Denied. It is specifically denied that there were two (2) contracts and further that they merged. The first proposal that was submitted for Plaintiffs' signature and was, in fact, signed, was for restoration of the chimney. When the Defendant began the job of restoration with the chimney collapsing within the first hour of the job, the Plaintiffs' were not home. The second proposal which was not signed by the Plaintiffs was for the rebuilding of the bricks. The parties had an oral agreement that the existing brick was to be used in the rebuilding, and if that was not possible, that brick of similar color and size was to be used. As evident from the photographs attached to the Complaint, no such conformity was even attempted. This oral agreement was memorialized by the State Farm insurance agent in handwritten notes. Moreover, that agent will testify at trial that when the Defendant reported the claim he agreed to this. It is further denied that no objection was made prior to being sued, why else would Plaintiffs not pay. Plaintiffs refused to pay for the -2- 4 ;",'" < . ,,'~ c' ' , '_' "",-- , ',,~," ~- I; i "~ "',,"~i -'" ~ h,;"-,-" ''''"'''0, .~-.- -",~" ~-- " -.':,;--' 'OJ',;, : .'- --",' ""'"~'1i~~,,,,-,,,~"; I first job since it was never completed and was impossible to complete, therefore, the first contract was never satisfied. Proof thereof, if relevant, is demanded at the time of trial. 5 . Denied. If an answer is required, the Plaintiffs are without sufficient information to admit or deny the averments of paragraph 5 and proof thereof, if relevant, is demanded at the time of trial. Further, Plaintiffs will present testimony at time of trial demonstrating that the Defendant attempted to collect from his own insurance company, as well as, the Plaintiffs' insurance company, both of whom were contacted by the Defendant. 6. Admitted and Denied. It is admitted that the Plaintiffs do not have a copy of a second signed proposal. It is denied that the two ~ontracts should merge. The two proposals were for two different types of jobs, the first one for the restoration of the chimney for $785.00 and the second one for the total rebuilding of the top half of the collapsed chimney for $2,650.00. It is denied that the contracts merged, proof thereof, if relevant, is demanded at time of trial. 7 . Denied. It is denied that the Court should grant extra time to hire a legal counsel. Defendant has never attempted to contact undersigned regarding any extensions. 8. Denied. If an answer is required, it is specifically denied that the Defendant has had insufficient time to contact the Plaintiffs' experts. The chimney was hastily and shoddily rebuilt by -3- ,.-, . " "'- ,', , ,-~,'~ -", "0 ,,; -~"< olh- " , ;--" ~' ,~~-;;< - ~'".""," ""k"',;,,,;"- t"'" ,~,..':.,;/, Defendant on or about August, 2001. Further, Plaintiffs have taken numerous photos of the roof and chimney. Those photos and competent experts in the Defendant's field will testify to prove the substandard quality of work performed by Defendant. 9. Denied. It is denied that the Defendant is owed any money by the Plaintiffs. Judgment was entered in the amount $2,654.00 against the Defendant and in favor of Plaintiffs both on the complaint filed by Defendant and on the counter-complaint filed by the Plaintiffs. WHEREFORE, as a result of the unworkmanlike manner and procedures, Plaintiffs anticipate having to expend the following sums to properly complete the project, and has suffered the other pecuniary losses set forth herein Plaintiffs respectfully request that the Court find in favor of Plaintiffs and order the following against the Defendant: 1. Enter Judgment against the Defendant Daniel Mescall, Individually, and t/d/b/a as Shamrock Masonry in the amount of $3,240.00; 2. Find that the Defendant violated the Fair Trade Practices Statute 73 P.S. 201.1 et seq. and award the Plaintiffs treble damages as permitted by the statute; 3. Award Plaintiffs attorney fees; 4. Award Plaintiff cost of prosecution; -4- ;; --." ,'" r"'-~~~ <,'--'" ,'In' ~" " <-';,'e' I',~ " '~,;<" ; ;,,,,,~,,"< -'-~';-" '"""'''-'~'(' . 5. And any and all such relief as deemed just and proper by this Court. Respectively submitted by, STONE tone ur ID #60251 e treet, P.O. Box E eland, PA 17070 717-774-7435 Date: Jl1,Iov for Plaintiffs -5- ~-, 0" >,-- -- ~ ~",'" d ., - ,__;--,,,r_ -"'~ ,.,;,<,,,~'." '...;--,,," '~._;:<:i),',' "0";J'",cf,,,-,'" -~""""~.fi:; pd\mis\verifi.aff V E R I FIe A T ION Jeffrey McPartland states that he is one of the plaintiffs named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. 5 4904 relating to unsworn falsification to authorities. ~ \ ]'I\~ J~ FR~PARTLAND Date: 3 \ l\\ 2oo~ \ ~. ~iti-It~IlJ:. -" '"'*,<\'",-j:::'~jgjiii~S~:ilil@.jjliii)'~:lih:..~#.,"~"')i'h,W'-' '-gn'~-,""&iiJ-""'~-"~'- r'~"'h"""'""" ~-~-~ k- ~Mi~L~U\!\!~UU!II_'"~"b~" ,tJ,;JI"!IP,lkH~,,jJ,~ llLlI~I"~l",",,, ,,' ,""," "" " ."---'=,, ~,="",~_, .o_~., ...,_. , 0 ( : S~ , , d n'l " -,-~ .., n-, ~- , ;:':-J .:::: --/ j':'::' cS L,. (;) , -< ~ \':".1 '" " c: .....0'1> , n :.:::: , , _c-' I,"' )> C r;- i-''; :'1'1 -';>' ~ .-, ~ <-" (X> ::<: p5 BJ-) , .'-' ~- "__ " - I' ,.~,.. , ~ "'__~_ " .c ~ , '_"v__,'" '~I_<" '-,," ;,,,,,,,' ,,}C. -,-'v,,,~ ",~,,-j, ~~ _;. 'r I pd\ntc\cumberld.not JEFFREY MCPARTLAND and JOAN MCPARTLAND, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. I!J J- 71.24 ~ -r~ DANIEL P. MESCALL, individually, and t/d/b/a SHAMROCK MASONRY, CIVIL ACTION LAW JURY TRIAL DEMANDED Defendants. NOTICE You have been sued in court. If you wish to defend against the Claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the com- plaint 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 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 ',-, ^" -""'."1 ~, '_ '- ~" "i,__o,~",,~.,,_, "'i'h:'~"!~i~ pd\com\mcpartlndchmny.cmplt.wpd\1-02 JEFFREY MCPARTLAND and JOAN MCPARTLAND, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0 I . '7/:2 f' CWd fb-. DANIEL P. MESCALL, individually, and t/d/b/a SHAMROCK MASONRY, CIVIL ACTION LAW JURY TRIAL DEMANDED Defendants. COMPLAINT 1. The Plaintiffs in this action are JEFFREY MCPARTLAND and JOAN MCPARTLAND, husband and wife, and adult individuals, who currently reside at 20 West Circle, Camp Hill, Cumberland County, Pennsylvania, 17011. (hereinafter referred to as Plaintiff). 2. The Defendants in this action are DANIEL P. MESCALL, an adult individual, and t/d/b/a as Shamrock Masonry, with a principal place of business at 166 Old York Road, Dillsburg, Pennsylvania, 17019, Said Daniel P. Mescall, adult individual currently resides at 166 Old York Road, Dillsburg, 17019. hereinafter referred to as (Defendant). 3. On or about June 4, 2001, Plaintiff contacted Defendant to restore and repoint the top two (2) feet or more of the chimney of Plaintiff's residential home for which the Defendant provided a written proposal. Said proposal attached hereto, marked as Exhibit (A), and made a part of the record herein. -1- ,."J, 4. According to the Defendant's proposal, this was a simple procedure commonly known as lire-pointing bricks" and the amount of the estimate was based upon the job, not on a hourly time rate. The proposal was for $785.00. 5. Plaintiff accepted Defendant's proposal dated July 2, 2001, on July 19, 2001. See Exhibit "A". 6. Defendant began to work on Plaintiff's chimney on or about August 14, 2001. Almost immediately upon the Defendant commencing work on the chimney re-pointing, the entire chimney collapsed. 7. It is alleged and Plaintiff avers that Defendant could not have completed the initial contracted job, that of repointing the bricks in the exposed chimney, because of time constraints. 8. It is alleged and Plaintiff avers that the Plaintiff left for work on August 14, 2001, the day of the collapse, at seven in the morning and that the Defendant had not arrived by that time. Plaintiff avers that he was in contact with the Defendant's insurance company who stated that they received the call about the collapse at approximately nine in the morning, not nearly enough time to set up scaffolding, mix the mortar, scrape out all existing mortar, and repoint the entire chimney in that time. Moreover, Plaintiff avers that in discussions with Defendant prior to the commencement of the job, that re-pointing takes several days to allow for the brick and mortar to set properly, sometimes a total of several weeks to elapse. Plaintiff avers that there is no way the repointing job was ever completed. -2- 9. It is alleged that Defendant contacted both his insurance company, Erie Insurance Group, and the Plaintiff's insurance Company, State Farm Insurance to claim the loss within minutes of the collapse; and further stating that he had completed the entire repointing job as outlined in his proposal. Attached is letter dated October 1, 2001, requesting reimbursement of the $250.00 for the claim, marked as Exhibit "B", and made a part of the record herein. 10. On or about August 17, 2001, Defendant submitted a second proposal for the repair of the collapsed chimney, to essentially rebuild chimney from the roof-line to surround the three chimney vents, leaving only six inches or so exposed vents from the top. Plaintiff specifically requested that the Defendant use the existing brick or brick of similar color and size. The proposal for the chimney rebuilding project proffered by the Defendant was for Two Thousand Six Hundred and Fifty ($2650.00) Dollars. Said proposal was never signed by the Plaintiff, but was signed by the Defendant. Said proposal, dated August 17, 2001, is attached hereto, marked as Exhibit "C", and made a part of the record herein. 11. On or about August, 2001, the Defendant rebuilt the collapsed chimney, without using uniform bricks in both size and color, or using the bricks that had been part of the collapse of the chimney caused by Defendant. Evidence of the shoddy workmanship is shown in the photos taken by Plaintiff. Attached hereto and marked as Exhibit "D", and made a part of the record herein. -3- 12. On or about September 4, 2001, the Plaintiff paid the Defendant Two Thousand Four Hundred ($2,400.00) Dollars for the repair of the collapsed chimney caused by Defendant's careless, unprofessional and unworkmanlike manner in which he completed the project. 13. On or about September 18, 2001, Defendant wrote a letter to the Plaintiff requesting payment in the amount of Seven Hundred ($785.00) which represents the amount of the original proposal, that of the simple re-pointing of the top two (2) feet brick of the chimney, which was never completed, because Defendant caused the chimney to collapse. 14. It is averred that because of the chimney collapse, the Plaintiff was not able to use any hot water until the chimney was re- built. It is alleged that Plaintiff's hot water is connected to the furnace which vents through the flue of the main chimney. The collapse of the chimney, caused by the Defendant, prevented proper ventilation of the household furnace, thus causing a huge inconvenience to the Plaintiff's family for several days until the chimney was rebuilt, albeit in a shoddy manner. 15. On or about September 27, 2001, Defendant filed a civil action against the Plaintiff Jeffrey McPartland before District Justice Placey seeking One Thousand and Thirty Five ($1035.00). 16. On or about October 30, 2001, Plaintiff obtained estimates to rebuild and restore the existing chimney to its original design and basically tear down what Defendant. See attached proposal submitted -4- ,',,-'''' by Intrieri Construction for $3,285.00, and from Purofirst Capital Region for $3,216.79 Attached hereto, marked as Exhibit "D", and made a part of the record herein. 17. It is alleged and therefore averred that because of Defendant's unworkmanlike manner and shoddy work, the entire chimney exposed above the roof needs to be demolished and redone to maintain the efficiency of the chimney and not to devalue the home. 18. On or about November 5, 2001, Plaintiff herein filed a counter-claim against the Defendant herein alleging that the Defendant caused the collapse of the chimney, necessitating the rebuilding of the chimney, and further, that the job was performed in an unprofessional and unworkmanlike manner requiring the chimney to be rebuilt yet again by a third party. Plaintiff's relief in the counterclaim was for payment to rebuild the chimney from the roof-line using uniform bricks. 19. A hearing was held before District Justice Placey on November 15, 2001, for both the complaint and the counter-complaint. 20. On or about November 26, 2001, District Justice Placey entered judgment in favor of Plaintiff McPartland in the amount of Two Thousand Six Hundred and Fifty Four ($2,654.00) Dollars and against the Defendant Mescall and Defendant Shamrock Masonry. 21. On or about December 20, 2001, Defendant Mescall and Defendant Shamrock Masonry filed a Praecipe to Enter Rule to File a Complaint against the Plaintiff. 22. Plaintiff files this complaint in response thereto. -5- :- , ~" Wherefore, as a result of the unworkmanlike materials and procedures, Plaintiff anticipates having to expend the following sums to properly complete the project, and has suffered the other pecuniary losses set forth herein Plaintiff respectfully requests that the Court find in favor of Plaintiff and order the following against the Defendant: 1. Enter Judgment against the Defendant Daniel Mescall, Individually, and t/d/b/a as Shamrock Masonry in the amount of $3,240.00; 2. Find that the Defendant violated the Fair Trade Practices Statute and award the Plaintiff treble damages as permitted by the statute; 3. Award plaintiff attorney fees; 4. Award Plaintiff cost of prosecution; 5. And any and all such relief as deemed just and proper by this Court. Date: \ \D\e:::-- \, Respectively s~bmitted by, ;/ STONE LaFAVER & SHEKLETSKI " / -/' //// / //' E -6- ,'.1 ,'" 'J,_ ~I -,', ~-1l6I-_,,__, . ,; SHAMROCK MASONRY 166 OLD YORK ROAD OILlSBURG, PA 17019 (717) 502-1494 PROPOS. PROPOSAL NO. SHEET NO. dJ- WORK TO BE PERFORMED AT: ADDRESS ,sA/tZ CIlY, STATE DATE & -tj --0/ DATE OF PLANS ARCHITECT We hereby propose to furnish the materials and perlorm the labor necessary for the completion of fGJ TO~7t;,.J tJr ~ of .().I.f 4rrd (}vr /ltL w. :.<-'c:t -' () 1""(/ '. ,&'-50 /,N ~ L '-';.)<:rs #/I"40,u/'14/67.. y "e/'1.&,N"- ~eK. OAJ 2 / L~,A)6 (" ,('.#c"" /V.?'<:. '-/ tJ2J" ."... , All material is guaranteed to be as specified. and the above work to be performed in accordance with the drawings sp. 'fications ;upmitted for above/~rk and completed' in a substantial workmanlike manner for the sum of: I-' '.}t; /'tL f:::::/~' ;:; U . Doll... (~ '7 f/ ~-. t7"tJ with payments to be as follows..-L,v rvt-t. 4//,/.;V U/1?41'/d",u'. Respecrtully sUbmitte~?- ~ t~~<< Any anel"ilnons or dev'allOf1 from above specl~ca1ions InvolVIng elCll"iI costs w,lIln! execuled OI1fyll/Xln....ntIenoo:ler. aodWIU become an elCll"ilchargll oyer and aOOve the es~ms18, All agreemems conhngenl upon slnkes. accden\$. or delays beyond Out control. Per Note - This proposal may be withdrawn by us if not accepted within ~ ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments v be made as outli~ed above. 1 j) JJJ; :J ~ ~ ? 1-. 0 /. } SIGNATURE ' ' / 'tj~ / '}; (:)/ /,..., ., {I / 1 2/ 2cJ G L. SIGNATURE!) / --.. C C:7'V /- 1 -> "';J . /. "'-1' "''''.N'''T~ DATE ~Adams 94 EXHIBIT "A" .- ~ ERIE. \ " \, ~ ~o '..' ~ - , , I JUHI\I f'I.. nULIJ'\....... SeniorlnveSl1galor "^"-~"-i' " '~"I<lil'--~~'~~;'i' /jhlcl . I~-~" ~." ~ " , ;'] ",~,'. L_'< li <.;c ,;1L-/.. 7.") <" ERIE INSURANCE GROUP 4901 Louise Drive. P.O. Box.2013 MechaniCsburg, PA 1705S--O]10 (717) 795-2223 . 1.800-382-1304 Fax (717) 795-2315 Sl;EVEN L. METZLER. Ale. AIM ASSistant Vic~ President ~nd Branch Claims Manager' Business Center. P.O. Box 2013 . Mechanicsburg, PA 17055-0710 '" (717) 795-2315 . hltp:llwww.erie-insurance.com October 1, 2001 Shamrock Masonry A TTN : Dan Mescall 166 Old York Road Dillsburg, PA 17019 Re: ERIE Claim ERIE Insured: Date of Loss: Claimant: Loss Location: #010170568753 Shamrock Masonry 8/14/01 Joan McPartland 20 West Circle Camp Hill, PA 17011 Dear Mr. Mescall: Please be advised that State Farm Insurance has settled with their insured, the McPartlands, for the chimney damage. We received supporting subrogation papers and reimbursed State Farm Insurance in the amount of $2,650.00. This coverage was provided under your Voluntary Property Damage Endorsement of your Fivestar Contractors' Policy. This coverage is subject to a $250.00 deductible. We are requesting a payment of $250.00 to be made payable to Erie Insurance Group. Please forward your check for this amount to P.O. Box 2013, Mechanicsburg, Pennsylvania 17055. Sincerely, fu ~~ lJ;i:-. David Witmer, AIC Claims Adjuster 4902 Carlisle Pike PMB 247 Mechanicsburg, PA 17050 (717) 612-1244 DW:jmv cc: Fetrow Insurance Associates 5299 East Trindle Road Mechanicsburg, P A 17050 EXHIBIT "B" 329694 I The ERIE Is Above Allin SERViCE. . Since 1925 ~~. - .._......,~,~"~..::.'~~i, . SHAMROCK MASONRY 166 OLD YORK ROAD DILLSBURG, PA 17019 (717) 502-1494 PROPOSAL I .j PROPOSAL NO. SHEET NO. WORK TO BE PERFORMED AT: ADDR S CIlY. STATE DATE OF PLANS tJ/( tf~ -r-J ",--" ARCHITECT ~ 1//~tP &~~ "... prer/ -u Si~ 6 J7;! ~.r (h/ ,D P/'#~ 7?~ . ~'" ,a.;,;/ C,,!,i'?',L. M All material is guaranteed to be as specified. and the above work to be performed in accordance with the drawings and ~ations submitted for above wor and completed in a substantial workmanlike manner for the sum of: 'Aft ~(/~"""""'c-l..5;,; .. ~ -rr Dollars ($O?~ $"(/. enJ with payments to be as fOllows';z::r ,,:::v~ t//~- (:;J,ryt' ;;7;"/' / Aoy""."M,~''''''''''rom_''''''''''M';''_"g...=. ReSpeCtlUIlYSUbmitte~ ~ ~ will be elleculeGonly uponwntlen order,anclwlII blloomeon llJdrachol9o over and abovt the elllimata. All agreements contingent upon Slnlles. aOClclan!s.or dalayebeyond our oontml. Per Note - This proposal may be withdrawn by us if not accepted within P/f days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. ' SIGNATURE DATE - '\dams 9450 SIGNATURE EXHIBIT "C" EXHIBIT "D" 1:5- - ---- --< --=--~ -' ----- ------ -- -- ---- ------- -- -----. - ~ , .. ...~ - ~ -- "" / :~~~~~~~::~ --~. - _--:-:::::- -- --- -.:- - -- -' ---------- - -:<.. .;..-:::: - --- - -~-~.- --=--:- - - ~- - ---- - ~~:::: ~---- -- ---~. - 1_', --"::-. - :,...:../ - ---- '- - ~,- -- ~ -- - - , - ---- - - ---- ... - =---. -\ '- ./ --- - ExIi"tBI:L"D" pd\mis\verifi.aff V E R I FIe A T ION Jeffrey Mcpartland states that he is one of the named Plaintiffs named herein in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsification to authorities. ~~ J. ffl~cpartland Date: '-9~~~? ~ {I~~":"'c ~> oo.o",.~",Co ..liiiirillo. ,.. d,\,:;'''r:;t~;,;;;,~,,~c Wi!ii'iilil,~"';-'-;f~->i"" ,,''''"' n,,'''' .. ...........3 ..... /":';'--;':;~'i.~;'.<:,,':n_Y'~M' l!! ~ [,11.,;;, > nJ~j!",Lftf(",.L_", c'f. ~"H 'oo:h:lJ!Jon.J!.~Oo"...oo ,-- ,-- \'--~l>v' c"^" .l)"j::'''''''i"',,;!'_c.., ,_...]1"". ~, , .,...,.. "~', ~ ',. ,'C. "~"-."~-~ ,.;."-,, 0"6',""" "i."~";"..,,~,g,- 0.,. .., ",'~"-~ .--.- ~~ "~".."~,, ,,,,," <,,",","-:;:. ",",.U~ 6-~ ,-~'~ ." ... ,",' c",::"'~<,,,,,,,,'"'"I;M,,-~"'C6i< II I'. ,.. '1) rn ~> -~~ if: -< G~ ~i~' :2 :<:1 " a tv c) '": --,J () --1", ":"':::''',i] ~-;: (~) ~~lnr 5::.1 -< -0 .-..<:..", S~ '- ~ '0 ~, . ',. "I, 'M/.!w~i.""","",,,::,;,,_, Pd\com\mcpartlndchmny.rply.wpd\1-02 ~ JEFFREY MCPARTLAND and JOAN MCPARTLAND, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-7128 Civil Term DANIEL P. MESCALL, individually, and t/d/b/a SHAMROCK MASONRY, Defendants CIVIL ACTION LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE ., , ,I _,_""--,,,', .t', ; ~ ",I '"C -'il., . "-".,,, ~,' -"""",,-,,!;"J. pd\mis\lservice "' ' , CERTIFICATE OF SERVICE I, Elizabeth B. Stone, Attorney at Law, of the law firm of Stone LaFaver & Shekletski, attorneys for Plaintiffs, Jeffrey McPartland and Joan McPartland, hereby certify that on this date I served a true and correct copy of the within instrument on Defendant by first class mail, postage prepaid, addressed as follows: Daniel P. Mescall Shamrock Masonry 166 Old York Road Dillsburg, PA 17019 DATE: ~~L- l L-, 1..<.::0"/ '\ '1;_~mtltf'im_[f"'"r;'( '~'"~_"'<M"""-"~' ~"' -~~- ---,~, 'l~J>~J!om.~iiiil_~'o,~sc.-"- ~." """'If ." ," ~L~. ,;,:k-,~';f<'.::L,-~ ':"~,~~,,:,~,J,I..)~"~J*':_~P~~~~,,,,). J,~ ," ,J~I,,',- _'~-!( ,::~~) l,,~,b,~___Lt~. ,~ ~,_ c" _. ~. ~," " '-'~ , ~- , ".,~~ () 5i i',f! c/5 ::-. ~;(, ~~~ -.~:, _(,1 -~ ~ r-' ----, f\.'; ;-:; .;':'," ~:;') -'!~ ~ c) -on -; s;,.~ -0 .'---~ ( ) '-~ ,r-n ~J ", ~) I;:' (::::; .5 BII -" ,'~......" .'-~ ~-'~,~ =_wJ ~- ~ ~ ' ." I ~~" . ~ ,J",,:, '~ir;"~<i:-~0,,'. COMMONWEAlTH OF ptNNSYLVANIA ~ COURT OF COMMON PLEAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. a 1- ':U2'? (., I ;1/ NOTICE OF APPEAL Du.,~, QOO\ No~ce 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 and in the c~ nientiohed bel . e; . MAG. D1ST. NQ Oil: NAME OF D.J. ar-3-d aTY STATE ZP CODE vs. dffP. SlGNATUltE OF APpaLANT Oil: HIS ATTORNEY OIl: ?1'1, 10 (Defendant) 11. (!/J/I1ZTbpJj). NT CV LT This block will be signed ONLY when this nota~on is required under Po. R.CP JP. No. 10088. This No~ce of Appeal, when received by the District Jus~ce, will operate as a SUPERSEDEAS ta the judgment for possession in this case. //.~ Signature of Prothon_y or Deputy If appellant 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 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. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon..derr~ 11 e-/ 1/1:rtA7i1d- Name of awe/fee(s) (Common Pleas No. 0 1-1/~~ c-i,,;1 1001 (7) in action before District Justice. . appellee(s), ta file a complaint in this appeal RULE: Ta~ff~ Ifd~l)-. Nsrrre 01 appeIl.eM ) within twenty (20) days a~ ser:ice .of rule or suffer entry of judgment of non pro~ ~/-~ Signature of appelfant or his attorney or agent , appeIlee/s). (1) You are notified that a rule is hereby entered upon you ta 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 ~me. 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 ~ ~ Date:_Dl2L. ;:).() I 'JoQ1 'JI.lLIt Iff! . ProthonotNy a DepuIy COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 *~J r ;:"'"'' ,g.J<!WIif,Ilil#'fi'lli.li"i,,,,",.;:~jit'~9~:'1.;t-jl""4W;"',#!:,,,'7",,*)~"'i~~''''''''''':"--~",,,-,' !'''-,::,;'' ,i ,,- _",-,',;', ""',oii, ',Y" ,'"'''' ,( , ,,' ..'" e - PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (Tllis proof of service MUST BEFILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANiA COUNTY OF ___________________________1 ss AFFIDAVIT: I hereby swear or affirm that I served. _ o a copy of the Notice 01 Appeal, Common Pleas No. ~____________. upon the District Justice designated therein on (dale 01 servic9) __________.________, 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached heret,), and upon the appellee, (name)________________________ _____.., on _______, ..________ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. o 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 _u________________ ____, 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. - swaHN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS _____ DAY OF __,_ W8F fv:y corn:nission 8xpil"es or) ------------ ~ 0 0 '-1 ;;:::J .-f "Om fT1 ~,~:n ~ m~ n ~~ N ~':lFn ~ 0 :06 0 CJ -1 ~o -0 2=H ::x -0 ;;;;8 - ofTl .. ~ ~ U1 -< ~J,_,;,)j:,1jmlt~~ j," ".'~:]I 1 ''',~_.~JLJ; J:..~' ""'",,n,' _J)!~J,u~J~,.~_~".~_<_, .-,4,.,__,,,, _,"',....~,,~,,' ~,'_,,7, ,"" Jl: '^'~t.",~'-" ">i<I&oJ_''lI... M"~' "~~ ~"'""~_.... ~" ..~~~~..,_,.J ,~ '~'~ ,I,.", ,o,~J.<. ~"_1$.m~~1iW-'....i,",~H.:~,.,x.-,,'_ ,.. COMMONWEALTH OFF:'ENNSYLVANIA . ~ COUNTY OF: QUM;BI$1ti.AND Mag. Dis!.No.: '\ ' 09-3-04 THOMA1J A. PLACEY Add"" 104S. SPORTING HILL MECllANICSBURG, PA RD. NOTICE OF'JI;JDGIIIIENTITFtANSGRIPT PLAINTIFF: CIVIL CASE . NAME and'ADDRESS 'MCPARTLAND, JEFFREY , 20 WEST CIRCLE 6'/- 7/dg CAMP HILL, PA 17011 L ~ DJName: Hon. VS. Telepho"" (717) 761-8230 17050 DEFENDANT: NAME and ADDRESS 'DANIEL P. MESCALL/SHAMROCK MASONRY' 166 OLD YORK RD. DILLSBURG, PA 17019 L ~ Docket No.: CV- 0000481- 01 Date Filed: 11/05/01 CROSS COMPLAINT 001 DANIEL P. MESCALL/SHAMROCK MASONRY 166 OLD YORK lID. DILLSBURG, PA 17019 , ~ THIS IS TO NOTIFY YOU THAT: Judgment: . ' , [jJ Judgment was entered for: (Name) [i] Judgment was entered against: (Name) _~~~TN?'IFF , " , - . . MC'.PlIR'I'T.lIT\TTl .TRll'I1RRV DlINTRr. P _ MRRC'.lIT.T.lRHlIMROC'.lr MlIRONRY in the amount of $ 2,1i<;4 nn on: (Date of Judgment) 11/21i In1 o Defendants are jointly and severally liable. o Damages will be assessed on: . (Date & Time) <,', o Thiscase dismisst:ld wii~Qutp~ejudice. , ,', ", , - AI1l9lHitbf JUdgment Judgment Costs' Interest on Judgment Attorney Fees Total $ 2.650.00 $ 4.00 $ .00 $ .00 $ 2,654.00 "', , .;. ':, "_::' ,,;:"",~!';' " h " ,,--:__' :.':' ,'~, ' "0: tAiri6tinl of Jud9!1leir]tSl/bit:lcl to. '. . '. '. AttachmenVAct 5 611996$., ." ' '0 "'k"A', ,,' ':" 'l- , -,:, :;:. . D.J-ev~'layedf()r " day~orQJ genElr~~j,~iftayed. Post Judgment Credits Post Judgment Costs $ $ ------------ ------------ o -' " ,', , . Objection to levy has been tilJdand'hearing vi!ill be held: , ',' 'i Certified Judgment Total $ , '~~ - . - . ". Date: . PlacW:;;~ '.., , " - Time: .":~' c' ".' I." :'.~l:.'" '" ~,"" :' '.' ANY PARTY HAS THE RIGHT TO APPEA~*Jli.BiN:30'DA~:AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE ,- " ,,-' ',' j.. OF APPEAL WITH THE PROTHONOTA!'I:tICLERK OF THEC(),YFlT OF COMMON PLEAS, CIVIL DIVISION. YOU c~;;", :, _' _,;:, ,,:-. MUST INCLUDE A COpY OF THISH . E OF JUDG T .HS RIPT FORM WITH YOUR NOTICE OF APPEAL. I certify thatthis is a truE! 8 DatE! , District Justice ceedings containing the judgment. , District Justice ., 2f;J.JN Of Date My commission expires first Monday 2004 SEAL AOPC 315.99 It__~~t!lliitliil-~_':!ll:i\-~l$~'iiw~,,-(.i'''',''';''''o_<'Y- ,--""'_'h - c';"_,,- ',_-" ':"C,."--,;,'J-C.",i,_~ ,j"{,,i;;-i;J<"'1.;;;+.ittl,i>"',t....j;'!<,mh.iriri!oJ..\~;l'.]-P-;W,.,;J"''''''"~,~Jh<!'''''''';;:~,~~W,'&,~~~tli1.l)jg'~''>~-"' ~':liiW"4'Jli_ IlIiIiIle!; -... .- . ." ~ {' 0 0 0 V ~ ~'i~ ~) ~ ri{tJ.:; 0 --.. ~O) Yl ""P"DJ I'Tl ~ :!!:-'~ " {~-;fr.~ '" (J)): N ;f3~::; " ~ <=> '3 -<2' 'I\.. ~ '"'1 ~C:i :~;!6 ~ ~ J>() ""D 9~ -". :t 2:0 -, r )>c: t"Sm 2: --I ~ =< 55 ::::::::- 01 -< ';:, ~ :::, ---+- ~ l.\ ...... -..... ?Jj~-k:"":\k~,,;:"'f\fm~Jllt ~LL~ ,.~,. ~"llJ;rA,_~,i.J,J;1,L~I~g_"~~tL~LJ,-t:4\\~[J]f4.4!,,;~d1."~",,,;>-,.,O_"""" ,,' ",~," ~, ' ~ c =_ = -- ,'~.~,'-- - ~"'~ -" ~~,;:>,;(:":,_,,:~,!,~~?~,:;:,.,l:,,c!:::,~E,;l!?~~~r~:\,,~':tl~,~~~~~t;~,~~~~,~,.~,1~~~:~~,~,!~q~,!!{,~!,~1:'~,l.tI,::::~!~~~~.""r,};1~f~r~~~~.{;~:::~,,~I~*~~~I<;~,;tf~~P't~"r,\~," COMM(lIII...,EALT,..j:)'PENIIIsYLY~f;I'~ ." ...' " ..... . MOJICEOF4jlPE~" COLlRT ontCIM_" PLEAS FROM JUDlCIALDIST!lICT ~1$TRleT JUSTICE JUDGME.NT <(OM_N PLEAS 11I0. () 1_ '-=1 I 01'? r I ;11 NOTICE OFAPP'~" t"::Q", :;10, Q.OOI Notice is. given that the a~lohthas filed in theabave Caurt of Comindil Pleas. an appeal from the judlilment rendered by the District.Ju,tice an the te and in the case menliOned b;>low. . ' env ZP COOl: ,Vl; , SIGNATURE OF ~P,EI.V.NT /,"'1 a "., CV LT This block will be signed 'ONLY when this ""taNon is required und... Pc. RCP.JP.I'!la; . ' 10088., , Thi.Natice of Appeal, when received by the District Justice, will opemte as a SUPERSEDEAS ta the judgment for possession in this case. ' ':Y .'~.;/.~ Signature of Prothonotary or Deputy I(appellant 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 filing his NOTICE of APPEAL. PRAECI~E, TO ENTER RULE T~ FILECC)N1~L~.NT ANPRULE TO FILE (This section of form to be used ONLY when appellant W1lS DEFENDANT (see Pa.R.C.P.J.P' No. 1001(7) in 'action before District Justice, IF NOT USED, detE/Ch from copy. of notice of appeal to ~ served I1ponappellee). PRAECIPII;: To Prothonotary Enter rule upan .J.errtUt( 1tt!-,tJ-'lerL.A?JIf- .appellee(s),t6file o,omp~i", in. this appeal Name of appeJfee(S) \ .~, . , (Common PleasNa. 01- '1 ,a~ c..",1 ) within twenty (20) days a.fter s...vice of ru~~ ~ff; ~lyatj~ Of.noh pro~ ~ ;? ?JtJi,.~d- , SIgnature of'.appella/lt Of, his attOrney or a(Jent RULE: Ta..}-e:F-rUtf 11c./~l;- Name of appel/fN3( 5) , appell,~(s). (1) You are nati6ed ti>!lt .arule is hereby entered upan you ta ~Ie a compl(lint in this appeal within twenty (20) days after the date of service of this rul!'''~~~~'I,~-,~rsonal service or by certified or registered mci.iL', ' , ,,;,:('::,"'/c"" ,~_' "~:~~T~~,~, _ , ","". (2/11 y~'do naffile'a~jlj;\,intwithinthis time, 0 JUDGMENT 'OF NONPROS WILL BE ENTERED AGAINST YOU. ";',',-,,' ',_"~.",,',j',,, _~,n. :~"~:~... -,,""".. do> 0< ~ 1111.44~ J{):!p. '~J "'::,'., ,'" ,:~ ':-".,>:' "......::':! ' , f ProthonotaryorOtsputy , ~ ~ ~ .~.~ ~ ',Ii J' " ~~, AOPC 312-90 . COURT FILE ,.oo~"'Nlii;, ::"tJ..;l.~F_~C'~--':;;" '" ~",.\'",;';"',;;r," "~"',_H"""'~'" ',"',,--,,~- ,- ,,' .~.",.., -,,";',.,---,"< "' ~"" ......--- PROOF OF SERVICE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FiLED WlmlN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF _./-i!'/<~k~..?<: ;ss AFFIDAVIT: I hereby swear or affirm that I served . ,_7, "" , /l:7f' a copy of the Notice of Appeal, Common Pleas No.. If . , I ~ , upon the Dlstnct Justice deSignated therein on ~ (date of service) j.';J.. --~) - CiL., OJ personal service 0 by (cerlITied) (regist.ered) mail, sender's receipt attached hereto, and upon the appellee, (name) '>",~;,u";/1/',;P__1~-';"...A--Y;' , " ,'on 'Jl4"" d-t! ,.,)-H I 0 by personal service Q'by (certified) (registered) mail, sender's receipt attached hereto. ~ and further that I served th.e RUI~ile a Complaint accompanying the above Notice of Appeal u~).he appellee(s} to whom the Rule was addressed on . ,. c.. cH , ;;",e; /. 0 by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto, ' SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME ,... _ THIS r90~ DAY OF 'D.P.r..!lfIA.h4!..C~ / SI,"! ~CKOOJ~~~~~~::~~.BLi~~ ? TrlIe of 0 ricial . Ill, Elirlft:lffi 'A'prft-4 :2UilJUL x ~~vv..d~ /:/J~..L~':" Signature of affiant ~'"_...,oo__: CJ l'- -" .-'t _;;, ;< T ,. - - - -,- '::;;;: -"""'- -- ~ ~f:B t,;;r;: ~:z ;c:C .~:~ o 0 -'1 :rt:!J ,'1r- :g6m -::J ~ ~ c),=+t -:-,,0 '" Om - rl ~-~ <::> ,." CJ N o u.s. Postal Service __ '_ - ,: '._ .. CERTIFIED MAIl,. RE.Cj:IPJ _ , ..:, _ (Domestic Mail Only; No InsurancfJ po'!.efJt9..f! !,rR~vif1~}f1 ~ ... "" , .-'t :::; CAriP""!Ull. fA 171111 ;:r "" l'- "" Postage $ $0.34 ~ Certified F9$ ,.. Return Receipt Fee M (Endorsement Required) Cl ____ , 0,' ReSlricted'Oelillery Fee t::I (Endorsement Required) Total Postage & Fees .' L:::c ,; r:==-- CJ CJ CJ l'- ~"'~'T- n_ -. , '__"I~-"' ,"- ~"" '. ~~,. ,~ ~"il.!i;islk',~ - . ........... ~ . JEFFREY McPARTLAND AND JOAN McPARTLAND, husband and wife, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 01-7128 CIVIL ~ v. DANIEL P. MESCALL, individually and t/d/b/a SHAMROCK MASONRY, Defendants RULE 1312.1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Elizabeth B. Stone respectfully represents that: 1. The above-captioned action (>>~ ~p<I';'dllS) is :(<at8) at issue. 2. The claim of the plaintiff in the action is $ 3,240.00 + The counterclaim of the defendant in the action is , counsel for the plaintiff~in the above action (or actions), attorn~y I S fees, t:pe!Jle damages. and costs of prosecut:LOn The following attorneys are interested in the case(s) as counselor 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. /" / ORDER OF COURT , &.,10!1".1, ill consideration of the Esq., 71~~~. . , , Esq., are appointed arbitrators in the above captioned action (or P.J. - - -' ',' , " -,,-.', ", ~-"-~~~-I~:T~'ialI:iltjt'Qi!;(' 'I~)"""" 't-~~!ili!ilil.' 1 TI"!1l!IJj~$l.el!llnifi~'~!mr';;-;:.f-,",;,-,-''-',;;'''.'l:.'l',1<~,,,~';''=!.~ -. ~""~"",,,. '-"--'~,IiliIlI1ill~a ..' I , . ~ 0 <:;:) 0 C N -n p ~ ~: L.. ..~l -,- 1 -0 OJ c:: ~1:n n1r"i'1 % . , ZX' -,+->m ~ 0 zC-, w c"iy W"", 'r'~1 I> 26 .~"o -0 ,.',.- -r. <" o~ 1f! >C'" ::It ..,..0 '- It3 ~d ~ om _""c 35 IV -...J :z: r:- f' .J::: ::2 (1"\ '< ~ , w .-0 ~ 0 --.... Vlr~'iii1.\SNr~3d Ii \1(Yt"\ ('ff,rl~::oi."n" 1__- .,~., ',' ., ".,,,,C;;Jr'~1 Jv i.1 :01 HI!' 021mr 20 ~ 8lJ ^8\11Z):~<A--1LC,~d :10 2:JU.-1Q-ClJ:I:1 :tH$.. L:UJIl( ',__ L' .,".ML1_]L JU",~~ ,:"".K, ^ J"_,.J~__,",~___,,,_ ~"","'=_,,~ __ ,,"_ .", ''''''<'''-'''-'~,' '"~ . -,- ~~ ,- """"""""",,,,,,-=--,,"-,,,,,,,-..,,,,,,-"" ~" ~-l",_ ~-~ ~ ~, '~'~~'-~ ., ^ ~--. .~.,?<~--,"< .' -j,,~ ail 1~ .'~--,' ~'" SHERIFF'S RETURN - OUT OF COUNTY CASE NO: ~D01~07l28 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MCPARTLAND JEFFREY & JOAN VS MESCALL DANIEL 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: MESCALL DANIEL P IND & T/D/B/A SHAMROCK MASONRY but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 25th , 2002 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York County 18.00 9.00 10.00 45.52 .00 82.52 01/25/2002 STONE LAFAVER S~~ R. Thomas lne Sheriff of Cumberland County SHELEYSKI Sworn and subscribed to before this ,jot!::: day of 9".. "7 d--JJ1J:V A.D. Cft~ me o ~,pL ,^it:l prothonot ~ "'~ .~, ",_~.""""",,..J~"~'~_ K;o;;..' ~~' ~, ~ ~ I _ ;<.~ ,"'-._. j -, ~,o '~~ 't';;!ojj~, SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2"001-..07128 P COMMONWEALTH OF. PENNSYLVANIA: COUNTY OF CUMBERLAND MCPARTLAND JEFFREY & JOAN VS MESCALL DANIEL 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: SHAMROCK MASONRY but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 25th , 2002 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 01/25/2002 STONE LAFAVER S~....----::..__ - .~_/ R. Thomas Kline Sheriff of Cumberland County SHELETSKI Sworn and subscribed to before me this 30 ~ day of q."., "'7 ow".;L A. D. ~, J) ~,oQ,. , ~. Prothonotafy '~~~_'~'-""~_-"_~''''''''~''''~'~~_'_''''''~ "."b~'<.o_ ~ . (~''"'~~'~'''''''''''''''''<1~dl-iMlil:lll>Il~M~;'1.f"./:-*,,lJi_ . 2 of,2 COUNTY OF YORK .. ..OFFICE OF THE SHERIFF SERVICE CALL (717) 771-9601 28 EAST MARKET ST., YORK. PA 17401 SHERIFF SERVICE I S, PROCESS RECEIPT and AFFIDAVIT OF RETURNPLEASE.n -12 .14.i 1. PLAINTIOFe/Sj. f r e y & 2 QOlJl11: NU'4Ell'~ JI Joan McPartlandzuul-/lz8 Civil 3. DEFENOANT/SI 1 4. TYPE OF WRIIOR COMPLAINT uan~e P. Mescall, indo & t/d/b/a Shamrock Masonr Comp aint & Notice ~E { 5 ~~n'I 1r~'VI~~L. ~~a 'lOf~OR1:I'i'!:t ~C&O ~~l'FA3 9Ijfc~!l.f1rH!'8~ER[lfci@ llM~D. ATTACHED, OR SOLD. k 6 Afg'6SS0Y~E1fJ' ~12 'tT,!I ~O,X N~i'l "ifbt\'f~';v. '\9\\0, ]'^'7'o".YIJE AND ZIP CODE) 7. INDICATE SERVICE: 0 PERSONAL 0 PERSON IN CHARGE ~ DEPUTIZE 0 CERT. SMAIL o POSTED DOTHER NOW January 16, 200 ,20 _1,SHERIFFOFY1ORI<COUNTY,PA,doherebydeputizethesheriffof Yo r k COUNTY to execute this Writ and m return thereof ac ording to law. This deputization being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: i, OUT OF COUNTY CUMBERLAND ADVANCED FEE PAID BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss) destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY I ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED Elizabeth Stone 12. SENEt ~'tT'CEe'FflJ"gCe ~t ~O ,NA\4f~ "el'lllltM11-~V)l:nrdiS, a"'M'(JSt i~'('j'd if notice is to be mailed) CUMBERLNAD CO. SHERIFF .. .,:~e:~~iI~,. .'f'{)RU,Sc&I7'tlilS $HEBfFF -..,I)O.NOtWFilI'f:cB~Ij;OJ/lt;rd\fI$;WM5 13. I ackno,,",edge receiptafthe writ R. AHRENS 14. DATE RECEIVED or complaint as indicated above. 1-17 - 02 1/10/02 16. HOW SERVED: PERSONAL RESIDENCE ( ) POSTED ( ) POEI ) SHERIFF'S OFFICE I ) OTHER 15. ExpJ~~ngDate ~_!Ji_~2c, SEE REMARKS BELOW o I hereby certify and return a OT OUND because I am unable to locate the individual, company, etc. name above. (See remarks below.) NA E AND TITLE OF INDIVIDUAL SERVED I LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) t: I' _ tJt.;<l j./ t'.L- 22. REMARKS: 23. Advance Costs 33. Costs Due or Refund Check No. 40. Costs Due or Refund 41. AFFIRMED and s,ubscribed to before me this ? LI. 42. day of ~~ 1-24-02 49. DATE 51. DATE RECEIVED 1. WHITE - Issuing Authority 2. PINK - Attorney 3, CANARY. Sheriff's Office 4. BLUE - Sheriffs Office ~11~"Q; .. ;2 OT<i 2 COUNTY OF YORK :_~OFFICE OF THE SHERIFF, SERVICE CALL (717)'.171.9601" ;. 28 EAST MARKET ST" YORK, PA 17401 $"!O~IFF SERVICE P~OCESSREC~IPTand .FFIDAVIT OF RETURN PL ri.=~1 , ,.~~,'~~'",-'''';, ~N~""_'" 2zIMIN~1f~8 Civil '4, TYPE OF WRIIOR COMPLAINT . indo. & t/d/b/a Shamrock Masonr Comp a'bat & ~OHce 5 rr114'H! ~f'VI~~L, ~~a 'lof~ORf!'i'(1 !'TWO t~f'B ~Cf!lffiiil.~6~E'War@ &n'E'Y'D, ATTACH~D, 0R SOLO, 1, PLA'NT~~'hrey& Joan Mcpa_land 3, DEFENDANT/S( "1' , Uan1€ P. ~escall, SERVE /{ ... AT 6, 19~ssoY~EYOJ\~lP llT~ ~~x N\1fJ.'l1fM<f ~':-r' !J9l\0, !10":Y9E AND ZIP CODE) 7. INDICATE SERVICE: 0 PERSONAL 0 PERSON IN CHARGE ~ DEPUTIZE 0 CERT. SMAIL 0 POSTED o OTHER NOW January 16, 7, ,20.,--- I, SHii:RIFF OF, '(.(JRK CD!JNJY,PA, do hereby deputize thesheriff pf ,; Y~rk" , ,',,' , . ",t,~ ' ,COUNTY,to execulelhisWiifaQijrnake'relltrrfthereof accbrding " to I;jW. This deputization being made at the requesrand risk of the plaintiff. ' ~ SHERIFF OF YORK COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: OUT OF COUNTY CUMBERLAND ADVANCED HE PAIO BY SHERIFF NOTE: ONLY APPllC:ABL~.qN WRIT OF EX~CUTI0N: N.B. WAIVER OF WATCHMAN ,- Any deputy sheriff levying upan ar'attaching any property under within writ may leave same without a watchman, ih custody of whomever is fa~nd ,in,possession, after natifying person af levy or atlac,hment, withaut liability on the part af such deputy or the sherifflo any plaintiff herein far -any lass, de,stru~tiQn, or remov~1 of any Property before sheriff's sale thereof. , 9. TYPE NAME and ADORES$; of AttORNEY) ORI$INATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED _ .,.l~, Elizabet.H Stone .' 12. SEN.!I~W'GE€HEIl~C~ C'?,"t~OrAWEi'"W 'l.':~I'jjj'ff&'tL~'1hW:t~ arep'l{'st l'1~trd il.nliUceis'to b~mail.a),::'::~ CUMBERlNAD CO. SHERIFF '$PAQEB.EL.G:lW FOR USE OF THE SHERIFF -DQ NOT WRITE Bl:lOW JHIS. LINE 13, I acknowleage receipt of the writ R. AHRHNS 14, DATE RECEIVED or complaint as indicated abave. '-',-'; 1/10;02 15. Expiration/Hearing Dale 1-17-02 16. HOW SERVED: PERSONAL' RESIDENCE ( POSTED ( ) POE( ) SHERIFF'S OFFICE ( ) OTHER 2-9-02 SEE REMARKS BELOW I hereby certify and return a 0 OUND because I am unable to. locate the individual, company, etc. name above. (See remarks below.) E AND TITLE OF INDIVIPUAL SERVED / LIST ADDRESS HERE IF NOT,SHOWN ABOVE-{Relationship to. Defendant) ;?. _ ovJ /-"' t L-. 22. REMARKS: ,;i , i " , " ' . -41. AFFIRMED an.d s\;lb~c'ribeq tQ,b~fare ~~'.,this 24 ; 42,dayof .li\NUIlRV,20~43. j . PROT ~ ' , 40. Costs Due ar Refund 23. Advance Costs 33, Costs Due or Refund Check No. 47.0 .;::- -'_ j,::)/i;,Y~~ ,/~"-:;A- 51. DATE RECEIVED 1, WHITE - Issuing Autharity 2. PINK ~ Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office "-"><>=111'''''''''''''1' ~ j.A~='.-~k<<i'''~~~~...d.-o;E~iJl~~"-_-~__~' I-l~ i. '" _"'w~ "....;_""'''"''~.'\'''''i;m\'''"',}'''.,4.j;'''''";tt$;~~~'"II:'~~:,**-,4.:ik,-w:-''''''-c 1 of 2 COUNTY OF YORK OFFICE OF THE SHERIFF SERVICE CALL (717) 771.9601 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN '.' . Pl.EA.SE . , DurJ\l~f 12 1. PLAINTIFF/S/ JEFFREY & JOAN MCPARTLAND 3. DEFENDANT/Sf ll. DANIEL" ;E { AT 166 OLD YORK RD. DILLSBURG. PA 17019 7. INDICATE SERVICE: 0 PERSONAL 0 PERSON IN CHARGE 0 DEPUTIZE 2. COURT NUMBER 2001-7128 4. TYPE OF WRIT OR COMPLAINT civil MESCALL I ND. & t d b a SHAMROCK MASONRY COMP & T 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. SHAMROCK MASONRY 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE) o CERT. MAIL o 1 ST CLASS MAIL o POSTED o OTHER NOW ,20 _ I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of COUNTY to execute this Writ and make return thereof according to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF YORK COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: OUT OF COUNTY X)\~X~XJlXXXX CUMBERLAND ADVANCED FEE PAID BY SHERIFF NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE C U MB E RL N AD, PA 170 L10'0. TELEPHONE NUMBER STONE, LAFAVER & SHEKLETSKI 414 BRIDGE ST. NEW ~r 774-7435 11. DATE FILED 1-10-02 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). CUMBERLAND QO. SHERIFF . i::; i:;19PA~SlEtS1i.~'ltmfn"SEOF.l'l'IE .$(!iIERIFF -oClNQT~Iit\T~ililEl;.~w;rzIilt$:li{N!l:; 14. DATE RECEIVED 15. Expiration/Hearing Date R. AHRENS 1-17-02 2-9~02 13. I acknowledge receipt of the writ or complaint as indicated above. 17. 0 I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks below.) 18. AME AND TITLE OF I IDUAL SERVED I LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) fl. - t1 if ---U'- RESIDENCE ( POSTED I ) POEI ) SHERIFPS OFFICE I ) OTHER SEE REMARKS BELOW 16. HOW SERVED. PERSONAL 21. 22. REMARKS: ~ ~3 Advance Costs 75.00 50 ~()S 42. day of 4.0 JE 48. Signature of Foreign County Sheriff KNOWLEDGE RECEIPT OF THE SHERI'" ETURN SIGNATURE AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriff's Office 1-24-02 49. DATE 51. DATE RECEIVED .. .~ ., 1 of 2 COUNTY OF YORK OFFICE OF THE SHERI~F 8.ERVICE CALL (717) 771.9601 ~, 28 ~AST MARKET ST., YORK, PA 17401 . .' SHERIFF SERVICE ; . PROfESS ReOEIPTand AFFiDAVIT/OF RETURN . . II\ISI"crr!M~ . PL~S.. I;...TYPE.. .... ...;i.I...:ll1't..... .~.....:Ill.....ti.~...~.I.......Jl.'.!-......-..- -.1.2 DONOlPETAalMb:OPlES 1. PLAINTIFF/Sf ..JEFFREY & JOAN MCPARTLAND 3. DEFENDANT/S/ DANIEL i ;E { AT 166 OLD YORK R!J.. DILLSBURG. PA 17019 7. INDICATE SERVICE;: 0 PERSONAL 0 PERSON IN CHARGE 0 DEPUTIZE 0 CERT. MAIL 0 18T CLASS MAIL 0 POSTED 0 OTHER NOW, 20, ~ I, SHERIFF OF l(ORK OOUNTi:Y, PA, do hereby deputize the sheriff of COUNTY to execute this Writ and make return thereof according t9.1aw. This deputization being made at the request and risk of the plaintiff. 2, COURT NUMBER 2001-7128 4. TY~E'OF WRIT OR COMPLAINT c'vi1 MESCALL IND. & t d b/a SHAMROCK MASONRY CO ~ T 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE QR'OESCRIPTION OF PROPERTY TO BE LEVIED, AlTACHED, OR SOLD. SHAMROCK MASONRY 6. ADDRESS (~,TREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORC, lWP., STATE AND ZIP CODE) SHERIFF OF YORK COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: ADVANCED FEE PAID BY &HERIFF OUT OF COUNTY . HlllfRIIIIIXXXX CUMBERLAND NOTE: ONLY APPLICABLE ON WRIT OF EXEC,UTION:'N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is'found in possession, after notifying person of levy or attachment, with.out liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal:~!:,~ny property before sheriffs sale thereof. ~' . 9. TY~NAMEandADDRESSof.ATTORNEYJiORIG1NATOR-andSIGNAT.URE , 10. :> TONE, LAFAVER & SHEKLETSKI 414 BRIDGE ST. f'lEW CUMBERLNAD, 'PA 170'0 . . , 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). . TELEPHONE NUMBER 774-7435 11. DATE FILED 1-10..02 CUMBERLAND 00. SHERIFF $p~OE8eLOW FOR USE OF THE SHERIFl= - DO NOT WRITJ;E I!lELOWl'HISL.INE 13. I ackn-owled9_!3 receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date orconiplainl as indicaled above. R. AHRENS 1-17..02 2-9-02 17. 0 I hereby certify'and return a NOT FOUND because I am unable,to locate the individual, comp.,ny, etc. name above. (See remarks below.) 18. AME AND TITLE OF I IDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) F - tJi/-(~ RESIDENCE ( POSTED ( ) POE( ) SHERIFF'S OFFICE ( ) OTHER SEE REMARKS BELOW 16. HOW SERVED: PERSONAL 21, 22. REMARKS: ,,,,.J :~ ';>,.~ --'") '?3. Advance Costs 75.00 41. AFFIRMED and subscribed to before.melhis ,,-,.' ~ I.i 42. dayo! ,JAN#/IDY ';2o.::illh -C PROTH J NOTA \J.)::' " ,) , , " l ,'"-(;~'!- 49. DATE 51. DATE RECEIVED 1. WHITE -Issuing Authority 2. PINK - Attorney 3. CANARY" Sheriff's Office 4. BLUE- Sheriff's Office "