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HomeMy WebLinkAbout07-19031110 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of L(. m k,,P.v? (/,i.? NOTICE OF APPEAL FROM -/-9-0,/ DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. d 7- ! ?,03 C v,7 7&0- NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAM9.OF APPELLANT MAG. DIST. NO. N FIE OF D.J. Jew.-z ''r201i lc l min Q? I_fit1 ADDRESS OF LLANT CITY STATE ZIP CODE +4 W?+. t?l c?rlt'S1 -P,,,-- I-? Qj.5 DATE OF JU GMENT _ IN THE CASE OF (Plain" ?- (Defendant)' ) -?[- I („-? ?ICy,- /4- - keL wtp Val jt^ f rL{IG'L('r^tnej- / Vdtat e CcC-q± 14 4 Ii - 6 7 PivP-, appellant was Cl m lccr, This block will be signed ONLY when this notation is required under ?a. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy R. C.P. D.J. No. 1001(6) in before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after riling the 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.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon /,I appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 0.,7. / 9 D ? r ) within twenty (20) days aft r ser/vice of a or er entry of judgment of non pros. _3 0 Signature of appellant or attomey or ag RULE: To?i _? -C1 rr? Gt r.r? ?'? wQ y appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 /„ v!21' Sign re of Prothonotary or Deputy f9.. YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal, Check applicable boxes.} COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Commcan Fleas No. , upon the District Justice designated therein on (date of service) 20 El by personal service El by (certified) (registered) mail, or sender's receipt attached hereto, and upon the appellee, (name) 20 ? by personal service a by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Srgnature of oftlual before whorrt affidavit was made Title of official my commission expires on 20 ?oi` {i l1`?ty1E .Ano 1 ? :®E WV 6- 8dV LOQZ J,dViUjOru1 'zlld 3Hl ?O Srgnature of affiani -o J Op ?• °<J R. AOPC 312A - 02 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-1-01 MDJ Name: Han. CHARLES A. CLEMENT, JR Address: 400 BRIDGE ST OLDS TOMM CONKONS -SUITE 3 NEW CUA BERLAIM, PA Telephone: (717 ) 774-5989 17070 ATTORNEY DEF PRIVATE : LUCCHESI, FAITH MARIE 13 S ATHERTON ST STATE COLLEGE, PA 16801 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGIMMT PLTF NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rSIGN-A-RaXA DAVE ERBY 3000 SIMPSON FERRY ROAD LCAMP HILL, PA 17011 J VS. DEFENDANT: NAME and ADDRESS r JERRY TROLINGER/VILLAGE CRAFTS 1446 NT HOLLY PIES CARLISLE, PA 17013 L J Docket No.: CV-0000049-07 Date Filed: 1/24/07 (Date of Judgment) 3/12/07 71 Judgment was entered for: (Name) SIGN-A-RANA, ® Judgment was entered against: (Name) JERRY TROLINGER/VILLAGE CRAFTS in the amount of It 5, 424.4 1-1 Defendants are jointly and severally liable. Damages will be assessed on Date & Time 1-1 This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F] Portion of Judgment for physical damages arising out of residential lease It Amount of Judgment $ 5,298.42 Judgment Costs $126. 00 Interest on Judgment $ .00 Attorney Fees $ .0 0 Total $ 5,424.42 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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 MAGISTERIAL DISTRICT JUDGE. 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. AK 1 L LUU! Date pr1 L?? I certify that this is a true and correct copy of the record of the p Date My commission expires first Monday of January, 2008 ", Magisterial District Judge ings containing the judgment. , Magisterial District Judge SEAL AOPC 315-06 DATE PRINTED: 3/13/07 11:27:00 AN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL ACTION - LAW SIGN-A-RAMA and DAVE ERBY, Plaintiffs/Appellee, vs. Jerry Trolinger and/or VILLAGECRAFT, Defendants/Appellant. No. 2007-1903 (Civil Term) CERTIFICATE OF SERVICE I hereby certify that a NOTICE OF APPEAL, a PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE, and a copy of the DISTRICT COURT JUDGMENT was served by certified U.S. First Class Mail, postage prepaid, return receipt requested, on the 10th day of April 2007, to the following persons: Sign-A-Rama and Dave Erby 3000 Simpson Ferry Road Camp Hill, PA 17011 Article No. 7004 2890 0002 0859 2318 Copy of Signed Return Receipt Attached Hon. Charles Clement Old Town Commons 400 Bridge Street, #3 New Cumberland, PA 17070-1936 Article No. 7004 2890 0002 2301 Copy of envelope as ma' attached pursuant to Pa. R.C.P.D.J. No. 1005 Faith M. Lucchesi i; - COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of 'j NOTICE OF APPEAL FROM , DISTRICT JUSTICE JUDGMENT . COMMON PLEAS No. 6 7 77f, NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. NAM,f 6 AP FLLANT MAG. DIST. NO. NAME OF D.J. ADDRESS OF ELLANT CITY ?? ' STATE ZIP CODE L4 ,Jt DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' VS V r' 1 ILf ) ' s~1 C L° l [ t' F (ti- DOCKET No. v SIGNATIE OF APPELLANT O TORNEY OR-AGENT 1 1 This block will be signed ONLY when this notation is required under Pa. lVappellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in acti R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary or Deputy 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.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon t A Ci,- 6TY) A VC appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) C; )within twenty (20) days aftgr service of rule or r#fer entry of judgment of non pros. Signature of appellant or attorney or ageirt i RULE: To l _ fC rt rv,-C, ."'d ` L of y ,1?1 appellee(s) Name of appellee(s) _.I (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within,twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY Bk-ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ; 20 ! > { " - -- --- -- - - Signai, re of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM TJ*S NOTICE OF APPEAL. AOPC 312-02 COURT FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served Q a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF .20 Signature of official before whom affidavit was made Title of official My commission expires on 20 Signature ofa8iant AOPC 312A - 02 ¦ Complete items 1, 2, 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- 1. Article Addressed to: LV r "" ?4Cvvt _ }}??"} r 2. Article Number Mansw from service Faw Ps Form 3811, February 2004 Domestic A* rve x 0 Agent Brve d r (Printed Narne) C. Date of Delivery i b - /3.6`1 D. Is delivery address different fr6m Item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Strvi s type 0 Crrtilied Mail 0 Express Mall 0 Registered 0 Return Receipt for Merchandise 0 Insured men 0 C.O.D. 4. Restricted Delivery? F-08 Fee) 0 Yes Return Receipt 102595-024A-1540 ions ?LL emu. r-°i r- n (D m r WORM M ? - ttt w?Mwrw? a Q{ M -Z M to C3 r.rw.Mr.rr?w?r p ru ` hia C3 ~ ?•. ..r - 1_ V3 T` _ w" r u .yam C3 1J C3 E CO Q- C T C3 M? tr- ..."' - N E N 'C3 = E o to C - C3 -------- _ t`M _ LL. T- ru o co n fu ?..rrt.i.w••? C3 { N (D rr .. o ttS d.. CC'C Lu co N = T) p = ?R ,: U d' Z d 01 d c U a ...a ..a U *-? W / , V u (? a J jS V u E :z w d t w U ? U Q 3 f 0 V z o CJ w a yt h t w 4 ? d co _ Q 00 00 -e L' v w a cu x C3 M ni m -0 C3 0 C3 C3 nj C3 (32 Ln -0 ru w C3 I i %) "*a c? 2i nu i a ox cn i f 1 w 1 ? T T i I ? 1 V4 7 3 N c c+ i rt t? asp t? ? rn t?s w DAVID B. ERBY, t/a and d/b/a SIGN-A-RAMA and ERBCO, INC., Plaintiff VS. JERRY TROLINGER, t/a and d/b/a VILLAGE CRAFT, VILLAGE CRAFT CONTRACT FURNISHINGS, L.P. and VILLAGE CRAFT FACTORY DIRECT, INC., Defendant : IN THE COURT OF COMMON : CUMBERLAND COUNTY, PEt CIVIL ACTION - LAW DOCKET NO. 2007-1903 4 r i5+ ^a0 0'r -;,t iv\ca N O T I C E 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 to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 By: jxtw ? P J n' er B. Hipp, Esquire 1 e t Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney ID No. 86556 Attorney for Plaintiff, David B. Erby, t/a and d/b/a Sign-A-Rama and Erbco, Inc. DAVID B. ERBY, t/a and d/b/a SIGN-A-RAMA and ERBCO, INC., Plaintiff VS. JERRY TROLINGER, t/a and d/b/a VILLAGE CRAFT, VILLAGE CRAFT CONTRACT FURNISHINGS, L.P. and VILLAGE CRAFT FACTORY DIRECT, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. 2007-1903 COMPLAINT David B. Erby, t/a and d/b/a Sign-A-Rama and Erbco, Inc., Plaintiff, by and through his attorney, Jennifer B. Hipp, Esquire, respectfully represents as follows: 1. Plaintiff herein is David B. Erby, t/a and d/b/a Sign-A- Rama and Erbco, Inc., having his principal office and a mailing address of 3300 Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant herein is Jerry Trolinger t/a and d/b/a Village Craft, Village Craft Contract Furnishings, L.P. and Village Craft Factory Direct, Inc., having its principal office and a mailing address of 1446 Holly Pike, Carlisle, Cumberland County, Pennsylvania 17013. 3. Upon the requests of Defendant, all of which occurred in Cumberland County, Pennsylvania, Defendant requested and Plaintiff agreed to supply certain material, equipment, goods and services, all in conjunction with requests made by Defendant to supply the material, equipment, goods and services to perform construction and repair work to a sign located at Defendant's place of business at 1446 Holly Pike, Carlisle, Pennsylvania. 4. Plaintiff fully and adequately provided the materials ordered and services requested by Defendant, all provided in an acceptable and workmen-like manner, said materials, equipment, goods and services being provided to Defendant on or about November 29 through and including November 30, 2006. 5. On December 22, 2006, Plaintiff submitted to Defendant its invoice in the total amount of five thousand two hundred ninety-three dollars and fifty-four cents ($5,293.54), which invoice statement represents the agreed-upon charges for the items, materials and services provided by Plaintiff to Defendant. A true and correct copy of the invoice is attached hereto, marked as Exhibit "A" and incorporated herein. 6. Despite Plaintiff's repeated demands, Defendant has failed and refused to bring current and pay in full the amount billed as set forth in Plaintiff's invoice statement (See Exhibit "A") for a total amount due and owing of five thousand two hundred ninety-three dollars and fifty-four cents ($5,293.54). 7. Payments of all amounts were due to be made to Plaintiff at 3300 Simpson Ferry Road, Camp Hill, Pennsylvania. 8. Plaintiff's invoice and statement represent the reasonable and necessary charges for its services and goods provided. 2 9. On or about January 24, 2007, Plaintiff filed a Civil Complaint with Magisterial District Judge Charles A. Clement, Jr. 10. A hearing was scheduled before Magisterial District Judge Clement regarding Plaintiff's Complaint on March 12, 2007. 11. On or about March 12, 2007, Magisterial District Judge Clement issued a Notice of Judgment, notifying Plaintiff and Defendant that judgment was entered for Plaintiff and against Defendant in the total amount of five thousand four hundred twenty-four dollars and forty-two cents ($5,424.42). A copy of the Notice of Judgment is attached hereto, incorporated herein and marked as Exhibit "B". 12. On or about April 9, 2007, Defendant filed a Notice of Appeal and Praecipe to Enter Rule to File Complaint and Rule to File with the Court of Common Pleas of Cumberland County. COUNT I - BREACH OF CONTRACT 13. The averments of Paragraphs 1 through and including 12 hereinabove are incorporated herein by reference thereto. 14. By virtue of the contract between Plaintiff and Defendant, Defendant agreed to pay, in full, the reasonable and necessary cost of services rendered and goods and materials provided, which outstanding balance is in the amount of five 3 thousand two hundred ninety-three dollars and fifty-four cents ($5,293.54). See Exhibit "A". 15. To date, Defendant, despite proper requests and demand by the Plaintiff, has not brought its account current. WHEREFORE, Plaintiff demands Judgment against Defendant, Jerry Trolinger t/a and d/b/a village Craft, Village Craft Contract Furnishings, L.P. and Village Craft Factory Direct, Inc., in the amount of five thousand two hundred ninety-three dollars and fifty-four cents ($5,293.54), plus interest, together with the costs of this action, attorney's fees and any and all other relief deemed just and appropriate. COUNT NO. 2 - QUANTUM MERUIT/IMPLIED CONTRACT 16. The averments of Paragraphs 1 through and including 15 hereinabove are incorporated herein by reference thereto. 17. Pursuant to the request made by Defendant, Plaintiff provided services and goods to Defendant. 18. The reasonable and necessary charges for said services and goods provided as requested by Defendant are in the total amount of five thousand two hundred ninety-three dollars and fifty-four cents ($5,293.54). 19. To date, Defendant, despite proper requests and demand by Plaintiff, has not brought its account current. 4 20. By reason of Defendant's request for performance of services and providing of goods, Defendant impliedly agreed to pay the reasonable and necessary charges for same. WHEREFORE, Plaintiff demands judgment against Defendant, Jerry Trolinger t/a and d/b/a Village Craft, Village Craft Contract Furnishings, L.P. and Village Craft Factory Direct, Inc., in the amount of five thousand two hundred ninety-three dollars and fifty-four cents ($5,293.54), plus interest, together with the costs of this action, attorney's fees and any other relief deemed just and appropriate. COUNT NO. 3 - UNJUST ENRICHMENT 21. The averments of Paragraphs 1 through and including 20 hereinabove are incorporated herein by reference thereto. 22. Defendant obtained materials, equipment and goods from Plaintiff as set forth herein. Plaintiff fully and adequately provided those materials, equipment and goods to Defendant, all as requested by Defendant. 23. As a direct and proximate result of Defendant's refusal to pay the reasonable value of Plaintiff's materials, equipment, goods and services from which Defendant benefitted, Defendant has been unjustly enriched in the amount of five thousand two hundred ninety-three dollars and fifty-four cents ($5,293.54). 5 WHEREFORE, Plaintiff demands judgment against Defendant, Jerry Trolinger t/a and d/b/a Village Craft, Village Craft Contract Furnishings, L.P. and Village Craft Factory Direct, Inc., in the amount of five thousand two hundred ninety-three dollars and fifty-four cents ($5,293.54), plus interest, together with the costs of this action, attorney's fees and any other relief deemed just and appropriate. COUNT NO. 4 - BREACH OF CONTRACTOR AND SUBCONTRACTOR PAYMENT ACT, 73 P.S. § 501, et seq. 24. The averments of Paragraphs 1 through and including 23 hereinabove are incorporated herein by reference thereto. 25. Plaintiff and Defendant entered into a construction contract requiring Plaintiff to provide certain materials, equipment, goods and services to Defendant's business location at 1446 Holly Pike, Carlisle, Pennsylvania. See Exhibit "A". 26. Defendant obtained the materials, equipment and goods and benefitted from the services provided from Plaintiff pursuant to the terms of their construction contract as set forth herein. 27. Plaintiff fully and adequately provided the materials, equipment and goods as requested by Defendant pursuant to the terms of their construction contract as set forth herein. 6 28. Defendant breached its payment obligations to Plaintiff as set forth in the Contractor and Subcontractor Payment Act, 73 P.S. § 501, et sea., by failing to make payment to Plaintiff in a timely manner. WHEREFORE, Plaintiff demands judgment against Defendant, Jerry Trolinger, t/a and d/b/a Village Craft, Village Craft Contract Furnishings, L.P. and Village Craft Factory Direct, Inc., in the amount of five thousand two hundred ninety-three dollars and fifty-four cents ($5,293.54), plus interest, together with the costs of this action, attorney's fees and any other relief deemed just and appropriate. Date: May 1, 2007 Jenn' er B. Hipp, Esquire 1 W st Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney ID No. 86556 Attorney for Plaintiff, David B. Erby, t/a and d/b/a Sign-A-Rama and Erbco, Inc. VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18. Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. &?,) :J ?C J n , ? Date: May 1, 2007 David B. Erby t/a d/b/a Sign-A-Rama and Er co, Inc. 8 1 k?"ShE )yf WORT' aces Fos BILL T0- Vil;age Craf s, 1445 Holly Pike Carlisle, PA 17016 FAX: (717)249-7519 SIGN*A*RAMA 3300 Simpson Ferry Rd Camp Hill, PA 17011 717-724-2221 Fax 717-724-4542 Toll Free 1-888-393-2862 e-mail: signs@signaramacamphill.com web site: www.signaramacamphili.com SHIP TO: - - - - INVOICE ?- L INVOICE NUMBER 1- INVOICE DATE 147-63 t?t i; r ? -a X LU ;i TERMS CUSTOMER PHONE CUSTOMER CONTACT PURCHASE ORDER CUSTOMER SERVICE REP. SU°/e Down: (7"f)249-751y JerryTrolinger Lave GOD QUANTITY DESCRIPTION TOTAL # Acrylic 1 Sire(s) Whfte 153,525.00 2 -4'x 6' faces with track $825 ? - 1 R`5" panels for middle sign $1250 511Y+ panels for lop sign $145D 1 Labor/install 1 Sides} 51,000,00 a :?r to instait faces, sand & repaint box only t Side(s) S'7,664.03 Misc material $ labor to rewire box Aluminum patches + $300 9 ballasts cx S I Wea = $1350 Buts 2 - 24" ''HD E,3y-iignt iarrips C $13ea = $t6 2 - 42" HO's $1 Sea = $30 20 - 60",3 5-+" Hr's 0, $19ea = $380 4 r 1- a c $19.50ea =$78 j ceu0 13uOT & T'?';aiFt:;c1ti trr Te'Vvlre bDx = $35? ?? ? vq-? 1 1 Spout of wire $145 !2A Sockets $5 l 1 1 1 Af,;sc 1 Side(s) I 400 set 0 4"h -tia; ige-able letters 1 Date Picked Up* X ' Customer Signature i SHi? VIP, ? SUB-TOTAL - TAX RATE TAX I DEPOS? ? i I ArAOJNT DUE I ? ,rua.w 1 i :}?154.?4 ??,?yLl,C?1 1 ?rTs.Zg? rs! I A SERVICE CHARGE OF 1-1l2% PER MONTH WILL BE CHARGED ON ALL INVOICES PAST 31 DAYS. THE CUSTOMER IS RESPONSIBLE FOR ANY LEGAL FEES INCURRED FOR COLLECTION OF THIS INVOICE. COMMONWEALTH OF PENNSYLVANIA r•ni iKmv nc• CUiliiBERLAW Mag. Dist. No., 09-1-01 MDJ Name: Han. CBARLZS A. CLEAT, JR ftckiress. 400 BRIDGE ST OLDS TOMM COMMONS -SUITE 3 NEilt Cl KBZRLA=, PA Telephone: (717 ) 774-5989 17070 ATTORNEY DEF PRI`TAT39 : LUCCHESI, FAITH MARTZ 13 S ATHERTON ST STATE COLLEGE, PA 16801 NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS r-S1=-A-RA1A DAVE ERBY 3000 SMSON FAY ROAD LCA" HILL, PA 17011 J VS. DEFENDANT: NAME and ADDRESS f_JERRY TROLIliiG MMELLAGE CRAFTS 1446 XT HOLLY PISS CARLISLE, PA 17013 L J Docket No.: CV-0000049-07 Date Filed: 1/24/07 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF (Date of Judgment) 3/12/07 ® Judgment was entered for. (Name) SIGN-A-RANA, Judgment was entered against: (Name) 31MY TROLIEGSR/VILLA,GE CRAFTS in the amount of $ 5, 424.4 Defendants are jointly and severally liable. F1 Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 5,298.42 Judgment Costs $126.0 Interest on Judgment $-.To Attorney Fees $ .00 Total $ 5,424.42 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT(rRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT 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 MAGISTERIAL DISTRICT JUDGE. 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date , Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date , Magisterial District EXHIBIT My commission expires first Monday of January, 2008 AOPC 315-06 DATE PRINTED- 3/13/07 11.77.nn RV SEAL is 4? J a CERTIFICATE OF SERVICE We hereby certify that we are this date serving a copy of the Complaint of David B. Erby, t/a and d/b/a Sign-A-Rama and Erbco, Inc. by sending the same upon the person and in the manner indicated below: Service by first-class mail addressed as follows: Faith M. Lucchesi, Esquire Pallo Lucceesi, LLC 1368 S. Atherton Street State College, PA 16801 Attorney of record for Jerry Trolinger, t/a and d/b/a Village Craft, Village Craft Contract Furnishings, L.P. and Village Craft Factory Direct, Inc. By : ?` i ?,? Jen i er B. Hipp, Esquire Att r ey for David B. Erby, t/a and d/b/a Sign-A-Rama and Erbco, Inc. Date: May 1, 2007 c°+ .? ?rt ?. `' ? _ rn i. .,) 1?1 ? ., ;,_ .._ -f1 y. ?? ;a. f=» L.? ` t - - ?? :? `/i ?? DAVID B. ERBY, t/a/ and d/b/a/ SIGN-A-RAMA an ERBCO, INC., Plaintiff, VS. JERRY TROLINGER, t/a/ and d/b/a/ VILLAGE CRAFT, VILLAGE CRAFT CONTRACT FURNISHINGS, L.P. and VILLAGE CRAFT FACTORY DIRECT, INC., IN THE COURT OF COMMON PLEAS C CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Docket No. 2007-1903 Defendant. DAVID B. ERBY, t/a/ and d/b/a/ SIGN-A-RAMA an ERBCO, INC., IN THE COURT OF COMMON PLEAS C CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. JERRY TROLINGER, t/a/ and d/b/a/ VILLAGE CRAFT, VILLAGE CRAFT CONTRACT FURNISHINGS, L.P. and VILLAGE CRAFT FACTORY DIRECT, INC., CIVIL ACTION - LAW Docket No. 2007-1903 Defendant. ANSWER Defendant hereby submits this Answer through its counsel, PALLO LUCCHESI LAW OFFICES, LLC, and Faith M. Lucchesi, Esquire. In support thereof, Defendant answers as follows: 1. Admitted. 2. Admitted. 3. Admitted in part. It is admitted that Defendant Trolinger contracted for certain work to be performed by Plaintiff. It is denied that the contracted work was performed to the specifications requested or with usual and customary workmanship. 4. Admitted in part. It is admitted that some work was performed on or about November 29 through November 30, 2006. The work performed was of inferior workmanship and with inferior materials. By way of further answer, Plaintiff failed to patch holes in the sign resulting in birds building nests in the sign. Plaintiff also failed to paint the sign as contracted, or to finish by November 24, 2006 as agreed. 5. Admitted in part. It is admitted that the invoice attached to the Complaint as Exhibit "A" was presented to Trolinger on or about December 22, 2006. It is denied that the invoice represents agreed-upon charges or that the invoice is a true representation of the work that was performed or the materials used. By way of further answer, Exhibit "A" is a document which speaks for itself and all inferences, whether express or implied, are denied. 6. Admitted in part. It is admitted that Defendant has not made any additional payments to Plaintiff. It is denied that any additional payments are due. Defendant has paid Plaintiff $2,500 which is an amount in excess of the value of the work performed and/or the materials used. 7. It is admitted that 3300 Simpson Ferry Road, Camp Hill, Pennsylvania is the address on the Invoice. All other allegations are denied. 8. Denied. Plaintiff failed to perform the services contracted for and failed to deliver to Defendant a useable product. By way of further answer, Plaintiff's unworkman-like efforts ruined a business asset of Defendant's. 9. Admitted. 10. Admitted. 11. Admitted in part. It is admitted that a judgment was entered against Defendant and that Exhibit "B" to Plaintiff s Complaint is a true copy of said judgment. It is denied that said judgment was a result of any finding of liability on the part of Defendant. The judgment entered against Defendant is a default judgment. 12. Admitted. COUNT I - BREACH OF CONTRACT 13. This is an incorporation paragraph to which no response is required. 14. Admitted in part. It is admitted that Defendant agreed to pay for certain contracted work. It is denied that Plaintiff performed the work contracted for. It is denied that Plaintiff's Exhibit "A" represents the terms of the parties contract. By way of further answer, Plaintiff's Exhibit "A" is merely an invoice and is not a bargained for contract. 15. Denied. Defendant has paid Plaintiff $2,500 and has not received the services, work or materials bargained for. Contrary to Plaintiff s averment, Plaintiff has been overpaid in the amount of $2,500. WHEREFORE, it is respectfully requested that Plaintiff's Complaint be dismissed. COUNT II - QUANTUM MERUIT/IMPLIED CONTRACT 16. This is an incorporation paragraph to which no response is required. 17. It is admitted that Defendant requested certain services of Plaintiff. It is denied that Plaintiff provided the requested services. 18. Denied. Plaintiff has failed to provide Defendant with the work requested and has further ruined an asset of Defendant's business. By way of further answer, Plaintiff's work provided no value to Defendant whatsoever. 19. Denied. Defendant has paid Plaintiff $2,500 and has not received the services, work or materials bargained for. Contrary to Plaintiff's averment, Plaintiff has been overpaid in the amount of $2,500. 20. This is a legal conclusion to which an answer is not necessary. To the extent an answer is required to this paragraph, the averment is denied. By way of further answer, Plaintiff has not performed any work to the benefit of Defendant and has instead caused greater harm to Defendant's business asset. WHEREFORE, it is respectfully requested that Plaintiff's Complaint be dismissed. COUNT III - UNJUST ENRICHMENT 21. This is an incorporation paragraph to which no response is required. 22. Denied. It is denied that Plaintiff provided any material, equipment and goods to Defendant. By way of further answer, Defendant requested that Plaintiff repair a large business sign that was already owned by Defendant. Plaintiff failed to repair said sign and instead caused greater harm and injury to the asset by failing to exert customary workmanship. 23. Denied. Defendant paid $2,500 to Plaintiff in good faith that Plaintiff would repair Defendant's sign. Plaintiff failed to repair the sign as requested resulting in a loss of $2,500 to Defendant and also resulting in serious harm to Defendant's asset due to Plaintiff's failure to perform the work contracted. WHEREFORE, it is respectfully requested that Plaintiff's Complaint be dismissed. COUNT IV - BREACH OF CONTRACTOR AND SUBCONTRACTOR PAYMENT ACT, 73 P.S. & 501, et seq. 24. This is an incorporation paragraph to which no response is required. 25. Denied. It is denied that Plaintiff and Defendant entered into a construction contract. It is further denied that the invoice attached to Plaintiffs Complaint as Exhibit "A" represents a contract. 26. Denied. Plaintiff performed inferior and unworkmanship-like work on Defendant's asset thereby causing additional harm to the asset. Defendant has not benefited from Plaintiff's services and has been harmed by the same. 27. Denied. Plaintiff failed to perform services requested by Defendant. It is further denied that the parties entered into a construction contract. WHEREFORE, it is respectfully requested that Plaintiff's Complaint be dismissed. Dated this -6-th day of 2007. Respectfully submitted, JNo . Lu cchesi .86323 Pallo Lucchesi Law Offices, LLC 1368 South Atherton Street State College, PA 16801 (814) 237-1900 telephone (814) 689-1759 facsimile Faith(Z 2LawDo sg? com May 17 07 10:03a Village Craft LII r . -eJ a0 J.". 5ofI va 4-a LJ VRdCI I- DAVID B. ERBY, Ua/ and Wal SIGN-A-RAMA an ER BCO, INC., Plaintiff, vs. JERRY TROLINGER, Va/ and d/b/a/ viuL.oE CRAFT, VILLAGE CRAFT CONTRACT FURNISHINGS, L.P. and VCLLAGE CRAFT FACTORY DIRECT, INC., Defendat. VERIFICATION 7172497519 p.1 OAT OOG J&Ia r•1 IN THE COURT OF COMMON PLEAS C CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Docket No. 2007-1903 I hereby verify that the facts set forth in this Answer are true and correct to the best of my knowledge, infonnation and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relaxing to unworn falsification to authorities. Date: (7,? Jerry T linger CERTIFICATE OF SERVICE I certify that a copy f the foregoing ANSWER has been served upon the Plaintiffs in the manner indicated, this day of May 2007, to: By facsimile and pre-paid first class U.S. mail: Jennifer B. Hipp, Esquire 1 West Main Street Shirmanstown, PA 17011 --1 r it_. "T;1 DAVID B. ERBY, t/a and d/b/a SIGN-A-RAMA and ERBCO, INC., Plaintiff VS. JERRY TROLINGER, t/a and d/b/a VILLAGE CRAFT, VILLAGE CRAFT CONTRACT FURNISHINGS, L.P. and VILLAGE CRAFT FACTORY DIRECT, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. 2007-1903 PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Jennifer B. Hipp, Esquire, attorney for Plaintiff in the above- captioned action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of Plaintiff in the action is in the principal amount of $5,293.54. The Defendant has not filed a counterclaim in this action. The following attorneys are interested in the case as counsel or otherwise disqualified to sit as arbitrators: Bradley L. Griffie, Esquire; David A. Baric, Esquire; Faith M. Lucchesi, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Date:,?kt?? 2007 Jenni-f B. Hipp, Esquire 1 West ain Street Shiremanstown, PA 17011 (717) 737-8761 Attorney ID No. 86556 Attorney for Plaintiff _1, .? t CERTIFICATE OF SERVICE We hereby certify that we are this date serving a copy of Plaintiff's Petition for Appointment of Arbitrators by sending the same upon the person and in the manner indicated below: Service by first-class mail addressed as follows: Faith M. Lucchesi, Esquire Pallo Luchessi Law Office, LLC 1368 S. Atherton Street State College, PA 16801 Attorney of record for Jerry Trolinger, t/a and d/b/a Village Craft, Village Craft Contract Furnishings, L.P. and Village Craft Factory Direct, Inc. By: n-vo n i er B. ipp, Esquire Att ey for David B. Erby, t/a and d/b/a Sign-A-Rama and Erbco, Inc. Date: • UN.?t 2& , 2007 Aqll ILJ 7? U-Z CO ? } r cam:; .. t DAVID B. ERBY, t/a and d/b/a SIGN-A-R.AMA and ERBCO, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. JERRY TROLINGER, t/a and d/b/a VILLAGE CRAFT, VILLAGE CRAFT CONTRACT FURNISHINGS, L.P. and VILLAGE CRAFT FACTORY DIRECT, INC., Defendant CIVIL ACTION - LAW DOCKET NO. 2007-1903 ORDER OF COURT AND NOW, 3 2007, in consideration of the foregoing Petition for Appointment of Arbitrators, a"(42 Esq . , and Esq and Esq. are appointed arbitrators in the above-captioned action as prayed for. By Cour TAI?C EDGAR B. BAYLEY ?• op vOC' -.-n ii R 1 y, F y ? f 'r v DAVID B. ERBY, t/a and d/b/a SIGN-A-RAMA and ERBCO, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. JERRY TROLINGER, t/a and d/b/a VILLAGE CRAFT, VILLAGE CRAFT CONTRACT FURNISHINGS, L.P. and VILLAGE CRAFT FACTORY DIRECT, INC., Defendant CIVIL ACTION - LAW DOCKET NO. 2007-1903 ORDER OF COURT AND NOW, 3 2007, in consideration I- of the foregoing Petition for Appointment of Arbitrators, 0and Esq., and &."'d dP4??'Esq. are appointed arbitrators in the above-captioned action as prayed for. By Cour A EDGAR B. BAYLEY o nn'r" Lu 610, ADO C' ? CD ---, A y In The Court of Common Pleas of Cumberland Plaintiff County, Pennsylvania No ? / rid _- Defendant Civil Action - Law. 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 t duties of our office with fidelity. Signature Signature igna VVIA er Name (Chairman) Name Names 9 6eqYrrI4..q'(1 iRyin, Law Firm Law Fib f? La Firm 5 Jf Address Ct la 1-3 City, zip ;2119 Aaz Qts f Address 1 ?I?`'i70 11 City, Zip Address IN City, Zip 4160-15.1 # , 00548 # l (.5 rl3 Award We, the undersigned 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.) K . Arbitrator, dissents. Date of Hearing: Date of Award: / 7, I ?.Yq rvrn .; Lr 141 - a Notice o Entry of Award Now, the _3F'J_ day of Ot6bfw , 20LI_, at 8:5(0 A .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $_ 350.00 By: r onotary name if (Chairman) N _ S Deputy C r_zl -Ti 6T t "Tj _a ?yd Owl F 4 DAVID B. ERBY, t/a and d/b/a SIGN-A-RAMA and ERBCO, INC., Plaintiff VS. JERRY TROLINGER, t/a and d/b/a VILLAGE CRAFT, VILLAGE CRAFT CONTRACT FURNISHINGS, L.P. and VILLAGE CRAFT FACTORY DIRECT, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. 2007-1903 PRAECIPE FOR JUDGMNT To the Prothonotary, Curtis R. Long: Dear Prothonotary Long: Please enter Judgment in the above-captioned matter in favor of DAVID B. ERBY, t/a and d/b/a, SIGN-A-RAMA and ERBCO, INC., Plaintiff, and against JERRY TROLINGER, t/a and d/b/a VILLAGE CRAFT, VILLAGE CRAFT CONTRACT FURNISHINGS, L.P. and VILLAGE CRAFT FACT DIRECT $436,S'0? 4 in-?Lz- c - +aP$5a43.5y ti+uss-F•(ra?.of-x?-07 INC., Defendantf based upon Defendant's failure to appeal from the Award of Arbitrators dated September 26, 2007. A copy of the Award of Arbitrators is attached hereto and incorporated herein as Exhibit "A" Date: December 31, 2007 Jennif r B. Hipp, Esquire Pa. I. . No. 86556 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for David B. Erby, t/a and d/b/a Sign-a-Rama and Erbco, Inc., Plaintiff -ley- &a+ y Te Arj441- 13, t' if lr' y9c or Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No m?0 J - Civil Action - Law. 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 duties of our office with fidelity. 4 S1?,D3ti1rC sigarm igm *?M?LX XW1a,,,oz 'Upivd1,0-oere, r- hs -441 AA- Nano (Chairman) Name Nam Aeoertat'd p o-, Law Firm Law F" P La Firm Address Address Address ffr1f City, Zip 4cityq-? Zip city, Zip Award We, the undersigned 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.) biitratoror, dissents. (Insert name if avvlicable.) Date of Hearing: Date of Award: 7 C (?- ) Ravi 11d&& iml ca Notice of Entry of Award Now, the da of 1`fnhBr , 20 at i1dO31 's-T" Y Orl 8;5? _L .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 3ED- Do MA COPY FROM RECORC irony whereof, I here unto set my hare: 4nd the fed of said Court at Carlisle, Pa. By; .?..3 Lz?al off. zw r onotary Prot otarv D CERTIFICATE OF SERVICE We hereby certify that we are this date serving a copy of Plain- tiff's Praecipe for Judgment by sending the same upon the person and in the manner indicated below: Service by first-class mail addressed as follows: Faith M. Lucchesi, Esquire Pallo Luchessi Law Office, LLC 1368 S. Atherton Street State College, PA 16801 Attorney of record for Jerry Trolinger, t/a and d/b/a Village Craft, Village Craft Contract Furnishings, L.P. and Village Craft Factory Direct, Inc. By: Jenne r B. Hipp, Esquire Attorn y for David B. Erby, t/a and d/b/a Sign-A-Rama and Erbco, Inc. Date: December 31, 2007 r? ?o ?r- c? r•a t'4't C') CA) Cn -y^; t i 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Sign-A-Rama ? Confessed Judgment Dave Erby U Other Arbitration Award 3300 Simpson Ferry Rd. Camp Hill, PA 17011 File No. 2007-1903 VS. Amount Due $5,2>93.54 Jerry Trolinger/ Interest $849.82 Village Crafts : Atty's Comm _$930.50 1446 Holly Pike Carlisle, PA 17015 :Costs $24.00 to Prothnotary & $200.00 to Sheriff TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumber) and County County, for debt, interest and costs, upon the following described property of the defendant (s) Company-owned assets such as computers/printers, inventory, electronics, office equipment and furniture, etc. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date_ 12/31/2077 Signature: c;??kyy Print Name: Jenni er B. Hipp Address: One West Main Street Shir man own, PA 17011 Attorney for: Plaintiff Telephone: (717) 737-8761 Supreme Court ID No: 86556 a c ar c 0 Cl W 4.4 0 O U g Vv V) ra 29 C:) C"T°i C-) w C?J CJ C7 -n ,3 CF3 rn 'T? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-1903 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SIGN-A-RAMA, DAVE ERBY, 3300 SIMPSON FERRY RD., CAMP HILL, PA 17011 Plaintiff (s) From JERRY TROLINGER/ VILLAGE CRAFTS, 1446 HOLLY PIKE, CARLISLE, PA 17015 (1) You are directed to levy upon the property of the defendant (s)and to sell COMPANY-OWNED ASSETS SUCH AS COMPUTERS/PRINTERS, INVENTORY, ELECTRONICS, OFFICE EQUIPMENT AND FURNITURE, ETC.. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$5293.54 Interest $849.82 Atty's Comm %$930.50 Atty Paid $64.50 Plaintiff Paid Date: December 31, 2007 (Seal) L.L.$.50 Due Prothy $2.00 Other Costs I I Curt' R. Long, Pro a By: Deputy REQUESTING PARTY: Name JENNIFER B. HIPP Address: ONE WEST MAIN STREET SHIREMANSTOWN, PA 17011 Attorney for: PLAINTIFF Telephone: 717-737-8761 Supreme Court ID No. 86556 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DAVID ERBY, t/a and d/b/a SIGN-A-RAMA, and ERBCO, INC., Plaintiff vs. JERRY TROLINGER, t/a and d/b/a VILLAGE CRAFT, VILLAGE CRAFT CONTRACT FURNISHINGS, L.P. and VILLAGE CRAFT FACTORY DIRECT, INC., Defendant ; PRAECIPE TO WITHDRAW WITHDRAW OF APPEARANCE TO THE PROTHONOTARY: Civil Action - Law NO. 2007-1903 Kindly withdraw the appearance of FAITH M. De BOEF , as attorney for Defendant, JERRY TROLLINGER , in the above-captioned case. De BQEF}LUCCHESI & ASSOC. PC Dated: D? M. De Boef, .s r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DAVID ERBY, t/a and d/b/a SIGN-A-RAMA, and ERBCO, INC., Plaintiff vs. JERRY TROLINGER, t/a and d/b/a VILLAGE CRAFT, VILLAGE CRAFT CONTRACT FURNISHINGS, L.P. and VILLAGE CRAFT FACTORY DIRECT, INC., Defendant Civil Action - Law NO. 2007-1903 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within instrument was hereby served By depositing the same within the custody of the United Stats Postal Service, First Class, postage prepaid, addressed to the following: Jennifer B. Hipp, Esquire One West Main Street Shiremanstown, PA 17011 De BOEF CCHESI & ASSOCIATES, PC With M. De Boef, Esq ' e Attorney for Defendant Date ?? _k . 'Tf R. Thomas Kline, Sheriff, who being duly sworn according to law, this writ is returned STAYED. u Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL Advance Costs: 200.00 Sheriff s Costs: 59.06 18.00 140.94 1.16 .50 2.00 Refunded to A y on 01/28/08 5.76 30.00 --1.64 $ 59.06 ? ???'?° F ?'-So vrs; R. Thomas 40 1 d z - Nvr soot dd ',kINA0'I GHV 616 rl'' AWNS 3H1 3G 331J3G ?s Sheriff Q ?v r r } Z ? ? ? Y9 s WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-1903 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SIGN-A-RAMA, DAVE ERBY, 3300 SIMPSON FERRY RD., CAMP HILL, PA 17011 Plaintiff (s) From JERRY TROLINGER/ VILLAGE CRAFTS, 1446 HOLLY PIKE, CARLISLE, PA 17015 (1) You are directed to levy upon the property of the defendant (s)and to sell COMPANY-OWNED ASSETS SUCH AS COMPUTERS/PRINTERS, INVENTORY, ELECTRONICS, OFFICE EQUIPMENT AND FURNITURE, ETC.. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$5293.54 Interest $849.82 Atty's Comm %$930.50 Atty Paid $64.50 Plaintiff Paid Date: December 31, 2007 (Seal) L.L.$.50 Due Prothy $2.00 Other Costs Curti . Long, Pro ota By: Deputy REQUESTING PARTY: Name JENNIFER B. HIPP Address: ONE WEST MAIN STREET SHIREMANSTOWN, PA 17011 Attorney for: PLAINTIFF Telephone: 717-737-8761 Supreme Court ID No. 86556 j. RODNEY J. PINE, JEFFREY A. PINE, and JEFFREY A. BOWERS, t/d/b/a WISPERING MOUNTAIN ACOUSTICAL CEILINGS and FLOORING, VS. Plaintiff, JERRY TROLINGER, t/a/ and d/b/a/ VILLAGE CRAFT, VILLAGE CRAFT CONTRACT FURNISHINGS, L.P. and VILLAGE CRAFT FACTORY DIRECT, INC., Defendant. IN THE COURT OF COMMON PLEAS C CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Docket No. 2007-1903 Original RODNEY J. PINE, JEFFREY A. PINE, AND JEFFREY A. BOWERS, t/d/b/a WISPERING MOUNTAIN ACOUSTICAL CEILINGS and FLOORING, Plaintiff, VS. JERRY TROLINGER, t/a/ and d/b/a/ VILLAGE CRAFT, VILLAGE CRAFT CONTRACT FURNISHINGS, L.P. and VILLAGE CRAFT FACTORY DIRECT, INC., Defendant. IN THE COURT OF COMMON PLEAS C CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Docket No. 2007-1903 PRAECIPE TO WITHDRAW WITHDRAW OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of FAITH M. LUCCHESI, as attorney for Defendant, JERRY TROLINGER, in the above-captioned case. Dated: 3l? Assoc. PC ;squire RODNEY J. PINE, JEFFREY A. PINE and JEFFRE') IN THE COURT OF COMMON PLEAS C A. BOWERS, t/d/b/a WISPERING MOUNTAIN ) CUMBERLAND COUNTY, ACOUSTICAL CEILINGS and FLOORING, ) PENNSYLVANIA Plaintiff, VS. JERRY TROLINGER, t/a/ and d/b/a/ VILLAGE CRAFT, VILLAGE CRAFT CONTRACT FURNISHINGS, L.P. and VILLAGE CRAFT FACTORY DIRECT, INC., CIVIL ACTION - LAW Docket No. 2007-1903 Defendant. CERTIFICATE OF SERVICE I certify that a copy of the foregoing ANSWER has been served upon the Plaintiffs in the manner indicated, this day of 2008, to: By facsimile and pre-paid first class U.S. mail: Shawn D. Meyers, Esquire 120 North Main Street Mercersburg, PA 17236 F th M. Lucchesi C} N ". 7 m z IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JERRY M. TROLINGER, JR., Debtor JERRY M. TROLINGER, JR., Movant V. CHAPTER 7 SSN: xxx-xx-0673 CASE NO: 1-08-bk-01425-RNO (LIEN AVOIDANCE) DAVID B. ERBY, t/a and d/b/a SIGN-A-RAMA and ERBCO, INC., Respondents ORDER AVOIDING A JUDICIAL LIEN The Motion of Debtor, Jerry M. Trolinger, Jr., to Avoid a Judicial Lien, having come this day before the Court, it is: HEREBY ORDERED that the judgment entered by David B. Erby t/a and d/b/a Sign-A- Rama and ERBCO, Inc., in the Court of Common Pleas of Cumberland County, Pennsylvania to No. 2007-1903 is avoided and declared void as to all of the real property located at 2551 Spring Road, Carlisle, Cumberland County, Pennsylvania and 202 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania owned by the Debtor in that it impairs an exemption claimed by the Debtor in such real pro_pe to which the Debtor would otherwise be entitled CERTIRED FROM THE RECORD this `_.^. ; day of . M? By the Court, Clerk, U.S. nkrup ourt Per Depuly Clerk Robert N. Opel, IWruptcJudge (D") This document it eledronicaUy signed and filed on the =-a date. Dated: October 23, 2008 Case 1:08-bk-01425-RNO Doc 76 Filed 10/23/08 Entered 10/23/08 11:20:07 Desc Main Document Page 1 of 1 ==? ?Cl ?ti .. _ a,? .:::.. ... ? r'? .__w ? .. ? , - r..l , 1 ?` ?° R. ?'i '?'?' S' l N ?'^- ?, . ? ?? r v, ?-. C?