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CCM RM*RRR ALT11 OFPOMYLVANM NOTICE OF APPEAL
COUNT OF COMMON BIAS
FROM
AIMCIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
COMMON PLUS Na. l S /.-C I?1 I
NOTICE OF APPEAL b
Notice is given that the appellant has filed in the above Court of Carman pleas an appeal from the judgment rendered by the District Justice an the
date and to the case mentioned below
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- -• --. ,A„ ,•• ?,?,, , . M90M anger ra. KkPJY.. NQ if appellirft was CLAIMANT (see Pa. R.C.P.J.P. No.
10086
This Notice of Appeal when received by the District justice, will operate as a 1001(6) in action before District Justice, he MUST
SUPERSEDEAS to the judgment for possession in this case
FILE A COMPLAINT within twenty (20) days after
Ig+s? a prwhorraary a DewtY filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(this section of lam to be used ONLY when appellant was DEFENDANT (see ft. R.C.P.J.P. No. 1001(7) In action before DisMct Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPEt To Prothonotary
Eller rule upon Ann Nxpe of . oppelbe(s), to fib a complaint in this appeal
(Common Pleas Na 29-5-5-Y6 dkas)
1 ?11 ) within twenty (YO) days after servi of b or suffer entry of judgment of non pros.
of Araessnn a In eromsy or pen
RULES To T IY1) lMangQ appellees)
Name a sraellee(el
(1) You am notified that a rub 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 codified or registered mail.
(2) N YOU do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if source was by mail is the date of nail
Date:.. per, 192 .
5 en e m ssry or bqrM
AGPC 312-M COURT FILE TO BE FILED WITH PROTHONOTARY
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COMMONWEALTH OF PENNSYLVANIA
UUUN 1 T Uh: a WZI aMA AANJJ
09-3-04
DJ Name: Han.
THOMAS A. PLACEY
Address: 104 S. SPORTING HILL RD.
MECHANICSBURG, PA
Teaephone: (717) 761.8230 17055
NEAL WAGNER
504 9TH ST.
WAGNERaS ROOFING
NEW CUMBERLAND, PA 17070
44 - , 5,%-CivtL
NOTICE OF UDG
SE /TRANSCRIPT
CIVIL
CA
PLAINTIFF: NAME and ADDRESS
rMANGOL, JERRY a ANN
6150 HAYMARKET WAY
MECHANICSBURG, PA 17055
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vs.
DEFENDANT: NAME and ADDRESS
rWAONER
NEAL -1
,
504 9TH ST.
WAGNERaS ROOFING
LNEW CUMBERLAND, PA 17070 J
DocketNo.: CV-0000250-99
Date Filed: 6/28/99
THIS IS TO-NOTIFY YOU THAT:
Judgment: nRFAQ?.-r nIDrH SP A9.11110
® Judgment was entered for: (Name) mAmc.-nT. TRATJV' r Aura
® Judgment was entered against: (Name) wAmmg NEAT.
in the amount of $ 2,A21 sn on
Defendants are jointly and several able.
? Damages will be assessed on: ?-
y
This case dismissed without prejudice.
Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
? Levy Is stayed for days or F-J generally stayed.
Date: Place:
Time: 11
17 Objection to levy has been filed and hearin0 will be held:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF,JUDdMEN`PSY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLiAS, CIVIL DIVI§10N. YOU
MUST INCLUDE A COPY OO-THIS' lg1CEfOI= JUDG NSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
-I r Date
District Justice
I certify tat this is a true and corre? copy owe at tft-p ausding ontaining the judgment. F- n Date District Justice
My commission expires first Monday of January,
(Date of Judgment) A112/o9
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attornev Fees
2004 SEAL
Judgment Credits
Judgment Costs
Judgment Total
AOPC 315.99
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COAIMONWIALTN Of PINNSTLVANIA NOTICE OF APPEAL
COURT Of COMMON ?LIAS FROM
JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT J
COMMON ?LIAS No. ! ? _ 5-s"4-6.'I /
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
dote and in the case mentioned below
S(]?1 A St. ufW C t^?ICQ PA 01076
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This black will be signed ONLY when this nototien is required under Pa R.CPJP. Na If appellikit VMS CLAIMANT (See Pa. 111; . P.J. F'. NO.
1008E 1001(6) in action before District Justice, he MUST
This Notice of Appel, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
ignature Prothonotary or Deputy 4
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see ft. R.C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon ?efr?I '? t?rf?r\ ?PnOQ? , appellee(s), to file a complaint in this appeal
Name Qq of )see(s)
(Common Pleas Na I I - ?sy - (?(?i ) within twenty (20) days after sef' of ile o suffer entry of judgment of non pros
W emelsm Of fw anariep a agar,
RULE: To SPf f 1! langC , appdkre(s).
T Nava or eppaAWs)
(1) You ere ratified that a role is hereby entered upon you to file a complaint in the appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered moil
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL-9E ENTER€D (sGAINST YOU.
43) The date of service of this rule 0 service was by mail is the date of maili
99 ;a.;;
Doh: 19?. 1-??.?? n?yry?p or Deputy
ADPC312-e1 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 the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cr xw1>at..??-?i ;ce
AFFIDAVIT: I hereby swear or affirm that I served
a copy of the Notice of Appeal, Common Pleas No. 99-s-y -(Wr 1. upon the District Justice designated therein on
(dare of service) QpAea ? ? by p rsonal service ® b(certified) (registered) m il, senders
recel'Dt/attttacched hereto, and upon the appellee, (name) ? , on
--L .. 79__1L ? by personal service V by (certified) (registered) mail, sender's receipt attached hereto.
? and further that l served the Rule to File a Compla intaccompanymg the above Notice of Appeal upon the appelleo(s)to whom
the Rule was addressed on , 19__ ? by personal service ? by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OFtQC'nh , 199,q.
Signature of official belor nm 01 dsnf was re,,cm
Tillo of official /?
My commission expires orlcr_???.
Kimberly S. WhiHampden Twp.. CMy Commission ExA', :AWze-z1
Notari=,
ember, ennsylvema Ass^c!a!'nr. ?.lt Wlanns
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Signature of affiant
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ANN MANGOL, : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. q9- SS ,VL CIVIL
NEAL WAGNER
t/b/d/a/ WAGNER'S ROOFING,
Defendant
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 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
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717)-249-3166
ANN MANGOL, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. CIVIL
NEAL WAGNER
t/b/d/a/ WAGNER'S ROOFING,
Defendant
COMPLAINT
AND NOW, comes the plaintiff, by and through her counsel, R. Mark Thomas,
Esquire, and files this Complaint and in support thereof respectfully avers:
1. Plaintiff Ann Mangol is a married adult individual who resides at 6150
Haymarket Way, Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Defendant Neal Wagner is an adult individual t/d/b/a as Wagner's Roofing
with its principal place of business located at 302 Park Avenue, New Cumberland,
Cumberland County, Pennsylvania 17070.
3. On or about May 5, 1999 plaintiff and defendant entered into an agreement in
which defendant agreed to construct a wooden deck at the plaintiffs residence. A copy of
the written agreement is attached hereto and marked plaintiff's Exhibit A.
4. Pursuant to the terms of the agreement the construction of the deck was to be
completed within thirty (30) days of the signing of the contract.
5. On May 5, 1999, the Agreement was signed and plaintiff tendered to
defendant a check in the amount of one thousand nine hundred fifty ($1950.00) dollars
which the defendant accepted and cashed.
6. Despite the terms of the agreement that called for construction of the deck
within thirty (30) days the defendant failed to commence work within thirty (30) days.
7. Just prior to the expiration of thirty (30) days the defendant asked for a one
(1) week extension and the plaintiff agreed to a one (1) week extension for the completion of
the deck.
8. Defendant failed to work diligently toward the completion of the deck within
one (1) week and on June 15, 1999 the agreement between the plaintiff and the defendant
was orally rescinded upon defendant's agreement to return plaintiffs payment of one
thousand nine hundred fifty ($1950.00) dollars.
9. Defendant has failed to return the one thousand nine hundred fifty ($1950.00)
dollars to plaintiff and continues to refuse to return this sum to plaintiff.
10. Plaintiff had to employ the services of a new contractor to build a deck at the
cost of five thousand ($5000.00) dollars.
11. That deck has been completed and plaintiff has paid five thousand ($5000.00)
for the same deck defendant had agreed to construct for thirty-nine hundred ($3900.00)
dollars.
12. Defendant breached his agreement to construct the deck for plaintiff within
the time period agreed upon.
13. As a result of the defendant's breach plaintiff was forced to spend an
additional one thousand one hundred ($1100.00) dollars for completion of a deck that
defendant had agreed to construct for thirty nine hundred ($3900.00) dollars.
14. Defendant has failed to refund plaintiffs down payment in the amount of one
thousand nine hundred fifty ($1950.00) dollars.
WHEREFORE, plaintiff prays that this Court will enter judgment in favor of
plaintiff and against defendant in the amount of three thousand fifty ($3050.00) dollars plus
costs and such other relief as the Court deems appropriate.
Respectfully submitted,
7 ,9--
R. Mark Thomas, Esquire
Attorney for Plaintiff
101 South Market Street
Mechanicsburg, PA 17055
(717)796-2100
ID# 41301
ID:
la:iYaw;? 1 JR91,917PJ1}
1? AVENUE
!t !llfnsru FND PA 17070
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199 9:28 No.003 P•05
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All material is. guaranteed to pe as speclhed, end the above work to be performed in accordance with the drawings and spocifi=
cations submItte'd for'aboVe Work and completed in n substantial workmanlike manner for the sum of
Dollais'(s ?-- ..
with payrhertts to be mado 0's follows /QSa ryxrq 0?
POW
Respectfully. submitted f r
ly allorblion or davisban hom ebove,ipeelllcalbns IAolvlrp aatru wale
will be oxeeuled only upon wrlUen.bNer; And will bocomo on o.lra eharpn
over and'abb4 Ilia aalirhale. All gpreamenla Contlnpcnl upon alrikea, ac- Par _..,.._
okknla, or dclnyi buyund our control.:. '..'r .
Note-This proposal may be withdrawn
by us If not accepted within-days:
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904,
relating to unworn falsification to authorities.
Date: ?'?
CERTIFICATE OF SERVICE
And now, this 29th day of December, 1999, I hereby certify that I have served a copy
of the within Complaint on the following by depositing a true and correct copy of the same
in the U.S. Mail at Mechanicsburg, Pennsylvania, Postage pre-paid, addressed to:
Neal Wagner
t/d/b/a Wagner's Roofing
302 Park Avenue
New Cumberland, PA 17070
Date: 12/29/99
Z?!_ LIce- /_Cl/heyr?
R. Mark Thomas, Esquire c
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ANN MANGOL,
Plaintiff
V.
NEAL WAGNER
t/b/d/a/ WAGNER'S ROOFING,
Defendant
To the Prothonotary:
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99.5546 CIVIL
Kindly enter judgment by default in the amount of $3050.00 plus costs and interest from
the date of judgment against the above captioned defendant who has failed to respond to the
Complaint served on him with a Notice to Defend on April 12, 2000. Consequently, the
defendant was /served with a Notice ofPrPraeccipe to Enter Judgment by, Default dated July 25,
2000. d
Respectfully submitted,
R. Mark Thomas, Esquire
Attorney for Plaintiff
101 South Market Street
Mechanicsburg, PA 17055
(717)796-2100
ID# 41301
I, R. Mark Thomas, Attorney at Law hereby certify that on July 25, 2000 I caused a copy
of the within Notice of Praecipe to Enter Judgment by Default to be served upon the defendant
by delivering same through the United States Mail, postage prepaid and addressed as follows:
Neal Wagner
t/d/b/a Wagner's Roofing
504 Ninth Street
New Cumberland, PA 17070
The Notice of Praecipe to Enter Judgment by Default was also sent by Certified Mail,
Return Receipt Requested.
9- _
D to R, Mark Thomas, Esquire
ANN MANGOL,
Plaintiff
V.
NEAL WAGNER
t/b/d/a/ WAGNER'S ROOFING,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99.5546 CIVIL
NOTICE OF PRAECIPE TO ENTER I DGMENT By DEFAULT
To: Neal Wagner t/b/d/a Wagner's Roofing
504 Ninth Street
New Cumberland, PA 17070
Date: July 25, 2000
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE
THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR
CANNTO AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717)-249-3166
42ev?
R. Mark Thomas, Esquire
Attorney for Plaintiff
101 South Market Street
Mechanicsburg, PA 17055
(717)796-2100
IDk 41301
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Caption:
ANN MANGOL,
Plaintiff
Vs.
NEAL WAGNER t/d/b/a
WAGNER'S ROOFING,
Defendant
TO THE PROTHONOTARY OF THE SAID COURT:
( ) Confessed Judgment
( ) Other
File No. 99-5546
Amount Due $3050.00
Interest
Atty's Comm
Costs
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 Cumberland
for debt, interest and costs, upon the following described property of the defendant(s)
County,
All household goods and personal property situate at 504 Ninth
CtraPt-NPW Cumberland r'umharland County. Pannney,l1an a
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of 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 Ayy, a, aoan Signature: C.ssru?
Print Name: R. Mark Thomas
Address: 101 S. Market St
-Meehani-sslaurg, RA 17055
Attorney for: Plaintiff
Telephone: 717-796-91 nn
Supreme Court ID No.: 41.1n1
(over)
PRAECIPE FOR WRIT OF EXECUTION
Notes: If real property, supply six copies of description including improvements and an original and copy of
affidavit of ownership (PaR.C.I? No. 3129).
If lengthy personalty list, supply four copies of list.
To index writ, file separate praecipe with writ.
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R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned ABANDONED, NO ACTION TAKEN IN 6 MOS.
Sheriff's Costs:
Docketing $ 18.00
Poundage 1.20
Advertising
Law Library .50
Prothonotary 1.00
Mileage 10.54
Misc.
Surcharge 10.00
Levy 20.00
Post Pone Sale
Garnishee
61.24
Q
Sworn and Subscribed to before me
?J
this / 9 x day of
2001 A.D. 6 ?-
p th notary '
Advance Costs: 150.00
Sheriffs Costs: 61.24
88.76
Refunded to Atty on 10/16/01
v
So Answers;
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R. Thomas Kline, Sheriff
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34wo2.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 99- a4F CIVIL40 TF,
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF c enbe 1 and COUNTY:
To satisfy the debt, Interest and costs due Ann Manctol
from Neal Wacmer t/d/b/a Wagner's Roofing 504 Ninth Street,-.New r bei a n 17070
DEFENDANT(S)
(1) You are directed to levy upon the property of the defendant(s) and to sell
All household goods and personal cy opty s • r r at -.504 Nint-h G p ,. Nr m „p, I Anti
Cumberland C minty PPnngyl , n 17(170
(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/are 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 leviedupon an subject to attachment is found in the possession of anyoneother
than a named garnishee, you are directed to notify hirwherthat he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due $3.050.00
Interest
Atty's Comm
Atty Paid 26.90
Plaintiff Paid
Date: November 2. 2000
REOUESTING PARTY:
Name R. Mark Thomas
Address: 101 Rn l-h Mark,-l ^.e.--I
Attorney for: Plaintiff
Telephone: (717) 796-2100
L.L. $0.50
Due Prothy 1.00
Other Costs
('nrtia R. Long
Prothonotary, Civil Division
by: h,aa"
Deputy
Supreme Court ID No. 41301