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Home My WebLink About07-4568~~ ` COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS CUM9F;~LliND COUNTY JUDICIAL DISTRICT NOTICE OF APPEAL I I COMMON PLEAS No. - NOTICE OF APPEAL ~tl~ ~~ I ~07 Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO.OR NAME OF D.J. ADDRESS OF APPELLANT CITY STATE ZIP CODE X15 south S2nd Streit, Crn,MP HILL, P;^ ?.7021 DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (D ENDA CLAIM NO. SIGNATUR F APP T R HI ATTO Y RAGE CV YEAR 0000110-07 LT YEAR ~. . This block will be signed ONLY when this notation is required under PA. ~ if appellant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 10088. This notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) in action before district Justice, he A SUPERSEDERS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. gna ure o o ry or PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No. Name olappellee(s) FROM DISTRICT JUSTICE JUDGMENT appellee(s), to file a complaint in this appeal within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature o/appellant or his attorney or agent RULE: To Name of appellee(sJ appellees) (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 WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: .Year Signature of Prothonotary or Deputy White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 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 ; ss AFFIDAVIT: I hereby swear or affirm that I served ^ a copy of the Notice of Appeal, Common Pleas No. ,upon the District Justice designated therein on (date of service) ,year , ^by personal service ^by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name , on ,year ^ by personal service ^ by (certified) (registered) mail, sender's receipt attached hereto. ^ and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellees) to whom the Rule was addressed on ,year _, ^ by personal service ^by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ,YEAR Signature of Affiant Signature of olTa~l belore wbom alldavit was made ~ N~^-. c TlNe o/ official ~( V ~ ~ ~ ` '~ a ~ y~ !"i"1 ~ My commission expires on ,year ~ n wr ~ f__ ~ ~C: { _ -~ v ~ ~~ ~-r~ ,~ ~C; ~ ~~ ~" c w b ~ ~ ~ ~ ~ n ``~ ~ 11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUM88RLAND Mag. Dist. No.: 09-1-02 MDJ Name: Hon. ROBS$T V. MANLOVB - Address; 1'901 : STAT$ ST CAMP HILL, PA re~ephone (717 } _7610583 17011-0000 !DL SANDMAN INC 515 S 32ND ST ANNSZ CA1~P HILL, PA 17011 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ~ ~ ~ sANDMAN INC 515 S 32ND ST ANNSa -.CAMP HILL,.. PA 17011 ;L J us.:: ` ,. DEFENDANT: NAME,and ADDRESS f~gvgNg 1lRIC --I , , 809: S.::F~tONT<'ST HAR~ISHI~BG, P.A 17104 L J Docket No.: CV-0000110-07 Date Filed: 4/13/07 THIS IS TO NOTIFY YOU THAT:.. . < ~..F08..D!$F81~A]iLT 7/02/;07 ~- ... .. , _ . ~ (Q~te.ofJudgment) Judgment was entered for: (Name) ~ BftIC ® Judgment was entered against: (Name) Mx SANDMAN INC in the amount of $ ' 0 Amount of Judgment $ . 00 .Defendants are jointly and severally liable. Judgment Costs $ . 00 Damages will be assessed on Date & Time Interest on Judgment $ Attorney Fees $ . 00 This case dismissed without prejudice. Total $ . 00 Amount of;Judgment Subject to Attachment/42'Pa.C.S. § 8127 Post Judgment Credits $ $ Post Judgment Costs $ Portion of Judgment for physical damages arising out of residential lease. $ Celi•tified 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 JUDGNFENT'IN THE COURT OF COMMON PLEAS; ALL FURTHER PROCESS MUST .. COME FROM THE"COURT OF COMMON PLEAS AND NO FI~RTHER PROCESS MAY BE ISSUED BY THE MA'G15TERIAL DISTRACT 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. ___ I certify hat this is a true a ~ r• ~' opy f', th roceedings containing the judgment. Date ,Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-06 DATH PRINT$D: 7/02/07 11:35:00 AM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MR. SANDMAN, INC. Plaintiff VS ERIC REVENE Defendant TO: ERIC REVENE, Defendant CIVIL ACTION -LAW NO. NOTICE o~-~s`~~ CV-07-~~!~6~-~C I V I L 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 Petition or for any other claim or relief requested by Petitioner. 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. COURT ADMINISTRATOR Third Floor Cumberland County Court House Carlisle, PA 17013 Telephone: 717 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MR. SANDMAN, INC. Plaintiff VS ERIC REVENE Defendant CIVIL ACTION -LAW NO. CV-07-4565 CIVIL COMPLAINT 1. Plaintiff Mr. Sandman, Inc is a Pennsylvania corporation with its principal place of business at 515 S 32~d Street Annex, Camp Hill, PA 17011. 2. Defendant Eric Revene, is an adult individual residing at 809 South Front Street Harrisburg, PA 17104. 3.On or about September 27, 2006, the Defendant engaged the Plaintiff to refinish wood flooring in the residence of the Defendant located at 809 South Front Street, Harrisburg, PA 17104, and to apply stain and a polyurethane finish the wood flooring in accordance with a written proposal provided by Plaintiff to Defendant on October 31, 2006. 4. The original work commenced on December 4, 2006, and On January 5, 2007 the Defendant selected the wood stain colors for the floor so that the work was completed in late January of 2007. 4. The invoice for the work provided to the Defendant totaled $5,835.00, as more fully set forth in Exhibit A, and this work was fully completed by Plaintiff and paid for by Defendant on February 5, 2007, without any questions. 5. At the time the floor work was being completed, the Defendant requested that t Plaintiff perform additional refinishing work on two sets of stair risers in the building at 890 South Front Street, Harrisburg, PA, for which there was no written memorandum but the price for which was quoted at $995.00. 6. Plaintiff proceeded to complete the additional work as requested on or about February 20, 2007 and rendered an additional bill for said work on February 27, 2007, in the amount of $995.00. 7. Plaintiff avers that all of the work was completed in a workmanlike manner and that the defendant expressed no dissatisfaction with the work at the time it was completed. 8. Plaintiff avers that at the special request of the Defendant, Plaintiff applied an additional coat of polyurethane finish on to the refinished floor after the work was done and before the final bill was rendered and for that work no billing was rendered although the fair value of the additional finishing work was $450.00. ~. Plaintiff has repeatedly requested payment from the Defendant for the work performed, however the defendant has failed and refused to make any further payments so that the balance owed is $1445.00, hence this suit. WHEREFORE, Plaintiff demands Judgmen~against~fhe D of $1,445.00; interest from February 27, 2007,/at 1% g~y~mor,~h; a Ro~'ert G. Radebach, Esquire I.D. # 19255 912 North River Road Halifax, PA 17032 (717) 896-2666 Attorney for Plaintiff in the amount of suit. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: August 17, 2007 MR. SANDMAN, INC. BY: ~, G ~'f/~ ANTHONY F. GARO, President :00 a;,ed NOd930Va 9 1a390a-ol -woad ZIt~4l 2002-.1-sad pen!eoea Invoice Date Invoice ~ 2/5/2UU7 3832 Bill To Eric: Revinc 809 S Front St HarrishurE. PA 17104 579-3450 PURCI IASER agrees to make all paymcnls in accordance with the Corms of their contract with 141r. Sandman. Inc. Pl;RC11ASFR further aerecs that any payments NU f made timely. will be subject to interest, at the rate of 11/2°% per month, PL`RCFL~ti ER also agrae~ that non-paytncnt of any or all pacts of [hc agreed amount. SNAI.I_ RENULR AL1_ SL"•LLl~.lt'S W,4RR;\NTIFS NUI.I. AND VUIn. RcllniShing Replace Rebuild Step Treads Sand/Coat Additional Additional All wort: is cumpiete! OLlL d Sond.'I'inish 3 coots polyurcthunc: 1st Floor 3,350.00 R~placc: _ 1QU st'S/d x S I/8 Ilaug. Fir 1lebuild: banding/ repair mist halts/rowurk 2 lfirr,hnlds/ both /kitchen Stcp'!'read: stain to match 995.OU Sand Only/ 3 coal Dolyurcthcnr: ?nd flour hall and back room • 3rd (loot 893.UU Additional: l=aux lst Iloor & aJditianal cunt / 3rd t]uur bdrm, hall / Inds 500.00 Additiatal: Repair 3rd Floor 95.OU TOtdI 55,835.UU Payments/Credits ~;,1{3s.oo balance Due so.no ir9LZ968LLL « tiL~SL LL-BO-LOOZ v Ol0 aD2d H~y9:Qy~ ~ 1?~::Oa-c1 -;uc~: ZZt:I Z7~Z-!l-any paniar~ Eiil Tc Directicns 3U9 S Frpnt St Harrisburg. ?.~ I' 10~J ,s _ L`~l ~ ~'~ C ~!!'r ~ . , Pt:RCIlASL~ tierces lu ma::c ail Ca~ntent; in ac::atdancc ~~it;t the :ernts ai~thcir contract •.~Uh l~L-. Sandman. Inc. I'UR: ! L1Se=.R l'unhcr agrees that any payments NOT made tim;;:v, will b: subject to intcrc;t, at :hc rate of 1 I%?°'~ per month PI:RC'H~~SER •alsu lerea :hnt non-payment ol'am, ur ~tll profs of the ~Lrc~3 rmour.t. S11:V.1. RENDER ;ALL 5f:LLLR'S ~V,~aR~1~TIE5 ~L'LL r~,`IU `±(`,fn Item I lJescnptton I mount acditi~~;:al I ;~;iiiit,unal ?ties Ri:crs (.i ~ I 995.;10 r I i .. _. j:.~_. U ~ }~ /~ j... V~><:I/C~I~I.vif lrlV~I1.J ~1.~.L1~ ~c13rC~ Dui $Q~_,o 01!01 d IySLZ968L1L <= 5141 Ll-SIJ-LOOZ ~` ii ~::.. ..~ t ` EAR .v^ 4 ~i.1 ~1 ~ ~ {~~~ ' (~~l - ~ MR. SANDMAN, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. Civil Action -Law ERIC REVENE No. CV-07-4568 Defendant ~ c -,4 3 ~ 0 -~ acv ~~ STATEMENT OF INTENTION TO PROCEED o ~ ~-n ~~ -zf .~~?> ~ o Q ~~ ~, ~„ ~° ~ -*, ° TO THE COURT: :~~ ~ ~ =~ x>~ ~ ~rn Defendant, ERIC REVENE, intends to proceed with the above captioned mat,~r. ° ~ -~ Respectfully submitted, Linda J. lsen, Esquire Attorney I.D. No. 92858 KILLIAN & GEPHART, LLP 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 Date: October 21, 2010 Attorneys for Defendant Eric Revene ~ A CERTIFICATE OF SERVICE I do certify that I served a true and correct copy of the within document upon the following by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 Linda J. Olsen, Esquir Killian & Gephart, LLP 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-088b (717) 232-1851 Dated: October 21, 2010 2 1 '~ Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 717-896-2666 robradebachatty@aol.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MR. SANDMAN, INC., Plaintiff v. ERIC REVENE, Defendant ~'~~' THE~'P ~ T~-~ ~~ 0 TA ~ Y 1~~oocr 2s Pry 2: o~ ^l1P~9Bi:R~.A~d~ CO(~~RT CIVIL ACTION -LAW NO. 07-4568 TO THE COURT: Plaintiff, Mr. Sandman, Inc. intends to p with oned matter. Date: October 25, 2010 Radebach, Esquire 91 orth River Road Halifax, PA 17032 (717) 896-2666 I.D.# 19255 Attorney for Plaintiff Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 717-896-2666 robradebachatty@aol.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MR. SANDMAN, INC., Plaintiff CIVIL ACTION -LAW v. ERIC REVENE, NO. 07-4568 Defendant Linda J. Olsen, Esquire 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-081 Rob~p~~&`adebach, Esquire 912 North River Road Halifax, PA 17032 (717) 896-2666 I.D.# 19255 Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, October 25, 2010, I, Robert G. Radebach, Esquire, Attorney for Plaintiff, hereby certify that I served a copy of a Statement of Intention to Proceed in the above-captioned matter upon Linda J. Olsen, Esquire, Attorney for Defendant, on October 25, 2010, by depositing the same in the United States Mail, postage prepa' ' the post office at Harrisburg, Pennsylvania, addressed as follows: ~1 , 0 MR. SANDMAN, INC., Plaintiff, Appellant V. ERIC REVENE Defendant, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Civil Action - Law No. CV-07-4568 Qt PRAECIPE TO STRIKE APPEAL IN ACCORDANCE WITH Pa.R.C.P.M.Dj. No. 1006 TO THE COURT: f °{ ~r Appellee, ERIC REVENE, by and through his counsel Killian & Gephart, LLP, files this Praecipe to mark the above-captioned Appeal stricken from the record pursuant to Pa. R.C.P.M.D.J. No. 1006 for Appellant's failure to comply with Pa.R.C.P.M.D.J. No. 1005B requiring the filing of proofs of service by Appellant. Respectfully submitted, Linda J. O hen, Esq ' Attorney I.D. No. 92858 KILLIAN & GEPHART, LLP 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 Date: November 16, 2010 Attorneys for Defendant Eric Revene, r CERTIFICATE OF SERVICE I do certify that I served a true and correct copy of the within document upon the following by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 Linda J. 1sen, Es re Killian & Gephart, LLP 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 Dated: November 16, 2010 2