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HomeMy WebLinkAbout07-6000i COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 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. NAME OF APPELLANT MAG. DIST. NO. NAME OF DJ. lkrl!tiJ C nSh/-UC-h" Co, 109-3-03 SUSan IL, Dq?-t ADDRESS APPELLANT p CITY STATE ZIP CODE +S" sh 60-p '}?o^C 0 e,+?v i I I e, 4 Z, DATE OF JUDGMENT IN THE CASE OF (PbiWM (De/aMnQ' q l II I D? ? rLi CDn<, t-L) ch o n Cz. re 'Dan Vb ei e-) CV- 2-43-D1 This block will be signed ONLY when this notation is required under Pa. 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. somet- of Phoil-wary -Dep* NOTICE OF APPEAL FROM /o%/d7 ax L- • C appellant was Claimant (see in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing 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 appellee(s), to file a complaint in this appeal Name or appellees) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To , 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 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE 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, Common Pleas , 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 `4o b l Signature of affiant rv O 'Li L nt O C? r, MM -r M 4 y C_ 0 +COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.. 09-3-03 MDJ Name: Hon. SUSAN K. DAY Address: 229 MILL ST, BOX 167 MT. HOLLY SPRINGS, PA Telephone: (717 ) 486-7672 17065 ATTORNEY FOR PLAINTIFF : , BUTULAXIS, JASON 36 S HANOVER ST ABOM & KUTOLAKIS LLP CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFENDANT ® Judgment was entered for: (Name) ® Judgment was entered against: (Name) in the amount of $ .01 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CAS PLAINTIFF: NAM grid bRf?59 ,%F??R? rHENRY CONSTRUCTION dO. t 45 IRISH GAP ROAD NENVILLE, PA 17241 L v8. ° z.. A DEFENDANT: NAME and ADDf SCE -'J 4,j rVOGEL, DAN 7073 CARLISLE PIKE APT/STE 152 CARLISLE, PA 17013 L J Docket No.: CV-0000243-07 Date Filed: 3/22/07 (Date of Judgment) 9/17/07 VOGEL, DAN HENRY CONSTRUCTION CO. F] Defendants are jointly and severally liable. 1-1 Damages will be assessed on Date & Time FIThis 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 $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .00 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 JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE 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. i-. , N Magisterial District Judge ings containing the judgment.;: Magisterial District Judge My commission expires first Monday of January, 201 AOPC 315-07 DATE PRINTED: 9/17/07 9:59:00 AM SEAL (Domestic Mail Only; No Insurance Coverage Providec ? -- O Q CO Postage $ 0 M C3 Certified Fee O C3 Return Receipt Fee C3 (Endorsement Required) O Restricted Delivery Fee C%- (Endorsement Required) Lrl nJ Total Postage & Fees $ Ln Em Sent To C3 Dct.n Vo r` sfr 9f, apt' 1W.; ----- - -7 , or PO Box No. - U Postmark Here - car, i S 1 c_ ? 1Ce A PL,- 1 -- - -- P 1'7 e 1-? ------- M PROOF OF SMWE Of" APPEAL AN RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WTHRV TEN (90) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLV)NIA COUNTY OF CU .M t4 `? ; ss AFFIDAVIT- ' I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas D7 ' `OD G , upon the District Justice designated therein on (date of service) OCl'. I $ , 200, by personal service ? by (certified) (reg istered) mail, sender's receipt attached hereto, and upon the appellee, (name) ?GZ Yl V q on oc?f , (J , 20 ? by personal service by (certified) (registered) mail, sender's receipt attached hereto.( n o4- ?V+ r (SWORN FIRMED) AND SUBSCRIBED BEFORE ME 01-4 THIS DAY OF Signature of affiant Signature of officia w om a t w r.? Title of official My commission expires n , 20 0 - te _ r V ? r \ O COMMONWEALTH OF PENNOYLV COURT OF COMMON PLEAS Judicial District, County Of C' 0-ff) -le-LOA COMMON PLEAS No. NOTICE OF APPEAL <o 7- G 6-ell ("t., (7%?. 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. NOTICE OF APPEAL FROM DISTRICT JUSTICE JUtj NAME OF APPELLANT 1? MAG. DIST. NO. NAME OF D.J. ?-?e.nl??j Cc;vSh,,-LtC? -c-T1 Uo. 09- 3-03 '0'tsan )L - Det. ADDRESS APPELLANT CITY +s- --T-wJ/1 1...I -? +RC'^ STyA?TE Z^? -•7IPCODE DATE OF JUDGMENT IN THE CASE OF (PWnM (LkNndW)* Vuetej C V - wc L. - 'ant was Claimant This block will be signed ONLY when this notation is required under Pa. 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. Sint- of AWhandw a Deputy in before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after tiling 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 appeilee(s), to foe a complaint in this appeal Name of appeNee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of apipeltant or anomey or ogwg RULE: To , appellee(s) Name of SAWNee(s) (1) You are notified that a rule is hereby entered upon you to fiWa complaint in this appWwilhi % Wanly (20) days after the date of service of this rule upon you by pemonal service or * certified or registered mall; (2) if you d ,not file a complaint within this time, a JUDGMENT OF NON PROS MkY-BE ENTtIRED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: , 20 So ahaa of Proftmary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-Q2 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY USPS - Track & Confirm Page 1 of 1 Track & Confirm Search Results Label/Receipt Number: 7005 2570 0000 38041992 Track & Confirm Status: Notice Left We attempted to deliver your item at 11:41 AM on October 18, 2007 in Enter Label/Receipt Number. CARLISLE, PA 17015 and a notice was left. It can be redelivered or picked up at the Post Office. If the item is unclaimed, it will be returned to the sender. Information, if available, is updated every evening. Please check again later. Track & Confirm by email Get current event information or updates for your item sent to you or others by email. C§ D a POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright ®1999-2004 LISPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrml .smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 10/22/2007 MA&%WK Home I Hein om YmUTULAKIS John W. Carter, Esquire Jason P. Kutulakis, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ROBERT D. HENRY, t/a/d/b/a HENRY'S CONSTRUCTION Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6000 Civil Term V. DAN VOGEL 1005 ROCKLEDGE DRIVE CARLISLE, PA 17013 : CIVIL ACTION -LAW NOTICE TO DEFEND 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone No.: (717) 249-3166 OM Y*IITULAKIS John W. Carter, Esquire Jason P. Kutulakis, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ROBERT D. HENRY, t/a/d/b/a HENRY'S CONSTRUCTION Plaintiffs V. DAN VOGEL 1005 ROCKLEDGE DRIVE CARLISLE, PA 17013 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6000 Civil Term CIVIL ACTION -LAW COMPLAINT AND NOW, comes Plaintiff, Robert D. Henry, t/a/d/b/a Henry's Construction by and through his undersigned counsel, John W. Carter, Esquire and Jason P. Kutulakis, Esquire, of Abom and Kutulakis, LLP, and files the following complaint: 1. The Plaintiff is Robert D. Henry, an adult individual, t/a/d/b/a Henry's Construction (Henry) of Penn Township (35 Irish Gap Road, Newville, PA 17241), Cumberland County, Pennsylvania. 2. The Defendant is Dan Vogel, an adult individual, whose address is 1005 Rockledge Drive, Carlisle, PA 17013. COUNT I - BREACH OF CONTRACT 3. Paragraphs 1 through 2 are incorporated herein as if stated in full 4. On or about April 20, 2004, Plaintiff and Defendant entered into a contract whereby Plaintiff was to construct an addition to Defendant's residence at 1005 Rockledge Drive, Carlisle, PA 17013. A copy of the original contract is attached hereto as Exhibit A. 5. The costs of completion of the addition to the residence was $32,627.00. 6. On or about April 20, 2004, Plaintiff and Defendant entered into a contract whereby Plaintiff was to remodel certain rooms in Defendant's residence at 1005 Rockledge Drive, Carlisle, PA 17013. A copy of the original contract is attached hereto as Exhibit B. 7. The costs of completion of the remodeling was originally $13,000.00. 8. After the original contracts were drafted but prior to work being completed, Defendant requested changes to the remodeling contract. A copy of the add-on proposed is attached as Exhibit C. 9. The costs of adding the remodeling add-ons was $10,703.00. 10. The total costs to complete all aspects of the contract was $56,330.00. 11. Plaintiff completed all construction and renovation work for both contracts on or about March 2005. 12. The Defendant has paid $46,796.00 towards the contract as of the date of the filing of this Complaint. 13. Defendant has refused to pay the remainder of $9,534.00 of the amount still owed on the contract. WHEREFORE, Plaintiff respectfully requests This Honorable Court to enter judgment against the Defendant in the amount of $9,534.00 plus interest and costs. COUNT II - UNJUST ENRICHMENT 14. Paragraphs 1 through 13 are incorporated herein as if stated in full. 15. Claim H is pleaded in the alternative should it be found that no enforceable agreement was reached between Plaintiff and Defendant. 16. The Defendant's residence has been significantly improved by the addition and renovations completed by the Plaintiff. 17. Defendant has enjoyed the fiuits of the Plaintiff's labor without complete payment for the construction and renovation of Defendant's residence. 18. Defendant used the residence for his benefit by using the residence personally or by reselling the residence for cash or cash equivalent. 19. Defendant used or sold the residence without making complete payment of value to the Plaintiff for the addition and renovation. 20. Allowing Defendant to enjoy the use of the improved residence without payment of value to Plaintiff would be inequitable and against the interests of justice. 21. Defendant was unjustly enriched when he accepted the addition to and renovations of his residence and did not make complete payment for value to the Plaintiff. WHEREFORE, Plaintiff respectfully requests This Honorable Court to enter judgment against the Defendant in the amount of $9,534.00 plus interest and costs. Respectfully submitted, ABOM & KUTULAKIS, LLP Date: lI/ 4 -2 ,-, 2-, ?- ?- John . Carter, Esquire Attorney I.D. No.: 202849 36 South Hanover Street Carlisle, Pa. 17013 P / /,60 A00tf4? Proposal Submitted To ' / ONIRrV Name -Ilj trr4 t--r CONSTRUCTION Street City I'lolt 11Y v-- V State tQA Zip 1 -7015 35 Irish Gap Road Call Phone Newville, PA 17241 (717) 486-8016 Date We hereby propose to furnish all the materials and perfgrm all the labor necessary for the completion of :? ?e .? vt it cQ G ` An- 'Kemayt x+lt w1 NrwW f 60"LE 1 N- j -ism-??a?1eA n - - d--?;?L? ? ? • x Crn%p,,t F I W;M ILA ej w u'-45 ? 9 o Y. bo 30 -moo Ta"I" I NJ 6eADOVIC Tb 'g 11 tK wrt-l l e? ^ IM T All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specificatio submitted for above work and completed in a substantial workmanlike manner for the suN of ?.?^'i.-.. .?-L? ?„- "-?7^,??,,.o?..Cc?C? ;7 Dollars 7- to -2,7 3 Z7 - i7 Authorized Signature with payments to be made as follows: !2 f ?? ??nv Crry ^^ Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Note -This proposal may be withdrawn by us if not accepted within 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. Payment will be made as outli d above. Accepte ate `- r?y Signature Q-1-1 ?!`0 Oc?QG Proposal Submitted To Name • ',..?;f...,,,.?ro CONSTRUCTION Street /rl(c ' City ?' d 1`71: State , Zip / of ^,2? 35 Irish Gap Road Call Newville, PA 17241 (717) 486-8016 Phone?? G ?-- Date We hereby propose to furnish all the materials and perform all the labor necessary for the completion of iJ3r`?''h? t:^'`` %f,<?,?'-?-? --`", .? G?.?`?, cy/'?; ?s..L<f'Zdrt-'?-•+ tA.,'f , I ?X a Lex j `2 V Y Ct r t 9ri CA 0 (T rT 4,J r- All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a subst ntial workmanlike manner for tfe stir of " Dollars ($ !'fib'. Authorized Signature with payments to be made as follows: 2 ?!1-t t 'Z Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Note -This proposal may be withdrawn by us if not accepted within days. i ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlin d above. Accept d f - ate Signature lL?2C Proposal Submitted To ONIRIV? Name is//' s-F f - CONSTRUCTION Street City - State Zip -fir)/ 35 Irish Gap Road Call Newville, PA 17241 (717) 486-8016 Phone Date We hereby propose to furnish all the materials and perform all the labor necessary for the completion of "..- t O ~j l,`; ?i `"1?. ??!•?, '?? il..i_,yl??,! •.Y ' \..?!?' ? .?+..t (cam' ?r f-9Y••rl..:--t 1:?%` f_v ? i /ol 41 l. a All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and comple d in a substantial vyrorkmpnlike m nner f?orrtt-h?e; sum of ?. e,i.>.ttf i a`1. s-.t+G- oC r/"" Y >•.7 ?1?' `%,.% - ,rL mot- UOIIafS i Authorized Signature ( 7,1b "Yo with payments to be made as follows. / 0,0 L/. ?/71u1 I Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. C 4 y oa Note -This proposal may be withdrawn by us if not accepted within. days. r ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Accepted Date Signature 1 f 0 Oc?aG Proposal Submitted To YS Name CONSTRUCTION Street ?o it 1 i- t 43e `2 2'e City t krly o;-t State zip 35 Irish Gap Road Call Newville, PA 17241 (717) 486-8016 Phone__ Date We hereby propose to furnish all the materials and perform all the labor necessary for the completion of f R/"?f = r tuff "*'^° d e All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Dollars ($ ). Authorized Signature with payments to be made as follows: Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Note -This proposal may be withdrawn by us if not accepted within 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. Payment will be made as outlined above. Accepted Date Signature i PF'0100cfal Proposal Submitted To NR ? r ? s Name 0 CONSTRUCTION Street CCity f . I i 5 State K,_-Zip 35 Irish Gap Road Call Newville, PA 17241 (717) 486-8016 Phone Date We hereby propose to furnish all the materials and perform all the labor necessary for the completion of l ? f -,! T -ro a`7 %K1"'I. co All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above worls. and completed iP a substantial workmanlike manner for the sum of f. bM = 5 t -.--'Dollars ($1?.?' Authorized Signature ?-- with payments to be made as follows: Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Note -This proposal may be withdrawn by us if not accepted within 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. Payment will be made as outlined above. Accepted Date Signature VERIFICATION I hereby verify that the statements contained in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. /O 30- 7 Date Ro ert Henry CERTIFICATE OF SERVICE AND NOW, this I" day of November, 2007, I, Emily J. Filiberti, of Abom & Kutulakis, L.L.P., hereby certify that I did serve or cause to be served a true and correct copy of the foregoing COMPLAINT via first class mail upon the following: DAN VOGEL 1005 ROCKLEDGE DRIVE CARLISLE, PA 17013 - 7 Sz1-'-UA ?4- Emily J OF li rti ' cz r-a 0 ? =? rn ell John W. Carter, Esquire Jason P. Kutulakis, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ROBERT D. HENRY, t/a/d/b/a HENRY'S CONSTRUCTION Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-6000 Civil Term V. DAN VOGEL 7073 CARLISLE PIKE, APT/STE 152 CARLISLE, PA 17013 : CIVIL ACTION -LAW PRAECIPE FOR REINSTATEMENT OF COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned civil action to Defendant Dan Vogel at the address listed. Respectfully submitted, John W. Carter, Esquire Attorney for Plaintiff 36 South Hanover Street Carlisle, PA 17013 717-249-0900 Attorney ID# 202849 CERTIFICATE OF SERVICE AND NOW, this 7 b day of December, 2007, I, Emily J. Filiberti, of Abom & Kutulakis, L.L.P., hereby certify that I did serve or cause to be served a true and correct copy of the foregoing PRAECIPE FOR REINSTATEMENT OF COMPLAINT to the Cumberland County Sheriff's Department to personally serve Defendant at the address below: Dan Vogel 7073 Carlisle Pike, Apt./Ste 152 Carlisle, PA 17013 Emily J. i ? c O -'D V v \' ?^^ c/ L ?a c r - c_-, n? d -" ? 1 t S d? ' r V 1 k? V\ _ SHERIFF'S RETURN - NOT FOUND CAST NO: 2007-06000 P COMMONTWEALTH OF PENNSYLVANIA 1 COUNTY OF CUMBERLAND HENRY CONSTRUCTION CO VS VOGEL DAN R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT VOGEL DAN but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT , VOGEL DAN 7073 CARLISLE PIKE APT/STE 152 CARLISLE, PA 17013 NOT FOUND , as to PER LANDLORD, DEFENDANT IS OVER THE ROAD TRUCKER AND IS ONLY HOME ON WEEKENDS. Sheriff's Costs: So answers.- Docketing 18.00 --?' Service 4.80 - l Affidavit 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County Postage -4, .58 V 38.38 ABOM & KUTULAKIS 11/28/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06000 P Amended COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HENRY CONSTRUCTION CO VS VOGEL DAN R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT VOGEL DAN b unable to locate Him in his bailiwick. rnmPT,ATNT'T' K. Mr)'PT('V ut was He therefore returns the NOT FOUND , as to the within named DEFENDANT VOGEL DAN 7073 CARLISLE PIKE LOT 152 CARLISLE, PA 17013 PER MANAGER AT MOBILE HOME PARK, DEFENDANT IS AN OVER THE ROAD TRUCKER AND USUALLY HOME ONLY ON WEEKENDS. Sheriff's Costs: Docketing So answers:,, A x% 18.00 Service 4.80 ' Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County Postage .58 3 8 . 3 8 ? I16 f/Q • 00/00/0000 Sworn and Subscribed to before me this day of , A.D. John W. Carter, Esquire Jason P. Kutulakis, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ROBERT D. HENRY, t/a/d/b/a HENRY'S CONSTRUCTION Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6000 Civil Term V. DAN VOGEL : CIVIL ACTION -LAW 7073 CARLISLE PIKE, APT/STE 152 CARLISLE, PA 17013 PRAECIPE FOR REINSTATEMENT OF COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned civil action to Defendant Dan Vogel at the address listed. Respectfully submitted, L. - John W. Carter, Esquire Attorney for Plaintiff 36 South Hanover Street Carlisle, PA 17013 717-249-0900 Attorney ID# 202849 ?.j Ca ??? ?? <:;? . g ? t. ?i ?- 1' ?. ? ? .? ?_ . ?,,, o? ..? = .? ?,. = -? f SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06000 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HENRY CONSTRUCTION CO VS VOGEL DAN R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT VOGEL DAN but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT , VOGEL DAN 7073 CARLISLE PIKE LOT 152 NOT FOUND , as to CARLISLE, PA 17013 SERVICE WAS ATTEMPTED TWICE ON SATURDAY WITH NO ONE HOME. PER NEIGHBOR. DEFENDANT IS IN PROCESS OF MOVING OUT. Sheriff's Costs: So answers• Docketing 18.00 Service 5.76 Not Found 5.00 R. ma line Surcharge 10.00 Sheriff of Cu, erland County Postage .58 3 9. 3 4 ABOM & KUTULAKI S 01/15/2008 Sworn and Subscribed to before me this day of , A. D. L4 UAN 24 2 0 ROBERT D. HENRY, t/a/d/b/a IN THE COURT OF COMMON PLEAS HENRY'S CONSTRUCTION CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 07-6000 Civil Term V. DAN VOGEL CIVIL ACTION -LAW 1005 ROCKLEDGE DRIVE CARLISLE, PA 17013 ORDER OF COURT AND NOW, this 30` day of 2008, upon consideration of the within Motion for Special Order Of The Court For Service Of Original Process M. said motion is hereby GRANTED. a.,d -44- p t 61 661'4 C.cX?" ? Fi-c,+ I " V KrFrwv. ?d-_ - BY THE COURT: VWVAIASNN@d AiNtM, 0 9? :£ Wd QC W ONZ iKjz7zv John W. Carter, Esquire Jason P. Kutulakis, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 ROBERT D. HENRY, t/a/d/b/a HENRY'S CONSTRUCTION Plaintiffs V. DAN VOGEL 7073 CARLISLE PIKE, APT/STE 152 CARLISLE, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6000 Civil Term CIVIL ACTION -LAW PRAECIPE FOR REINSTATEMENT OF COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned civil action to Defendant Dan Vogel at the address listed. Respectfully submitted, 7 d' (" (: ? / . Z(- John W. Carter, Esquire Attorney for Plaintiff 36 South Hanover Street Carlisle, PA 17013 717-249-0900 Attorney ID# 202849 ti ? C 0 ?? t V ev ca Co -n rrn w Xll cn CA) t?Q M ? ROBERT D. HENRY, t/a/d/b/a HENRY'S CONSTRUCTION Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6000 Civil Term V. DAN VOGEL 1005 ROCKLEDGE DRIVE CARLISLE, PA 17013 Defendant : CIVIL ACTION -LAW NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT To: Dan Vogel Date of Notice: March 14, 2008 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 (10) 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street, Carlisle, Pennsylvania 17013 (717) 249-3166 AVISO IMPORTANTE To: Dan Vogel FECHA DEL AVISO: March 14, 2008 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTA A SU ABOGADO. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. Cumberland County Lawyer Referral Service Bedford Street, Carlisle, Pennsylvania 17013 (717) 249-3166 ABOM .KITULA , L.L.P Jo W. Carter, Esquire Supreme Court ID #202849 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding in accordance with the requirements of Section 33.32 (relating to service by a participant). Dated this 14t` day of March 2008. By First Class, and Certified Return Receipt U.S. Mail: Dan Vogel 7073 Carlisle Pike, Apt. 152 Carlisle, PA 17013 cam- L John W. Carter, Esquire Attorney for Plaintiffs C7 ? Q C C---?) C?o -n rn 5°t v ROBERT D. HENRY, t/a/d/b/a HENRY'S CONSTRUCTION Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6000 Civil Term DAN VOGEL CIVIL ACTION -LAW 1005 ROCKLEDGE DRIVE CARLISLE, PA 17013 Defendant CERTIFICATION UNDER RULE 237.1 I, the undersigned, attorney on the writ and attorney for plaintiff, hereby certify that a ten day notice of intention to enter judgment by default was sent to Defendants in accordance with Pa. R.C.P. 237.1. A true and correct copy of said notice is attached hereto as Exhibit A. Respectfully submitted, Abom & Kutulakis, L.L.P. John W. Carter Attorney I.D. No. 202849 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff ROBERT D. HENRY, t/a/d/b/a HENRY'S CONSTRUCTION Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-6000 Civil Term V. DAN VOGEL 1005 ROCKLEDGE DRIVE CARLISLE, PA 17013 Defendant TO: Dan Vogel 7073 Carlisle Pike, Apt. 152 Carlisle, PA 17013 : CIVIL ACTION -LAW 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 (10) 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street, Carlisle, Pennsylvania 17013 (717) 249-3166 Abom & Kutulakis, L.L.P. John W. Carter Attorney I.D. No. 202849 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff ROBERT D. HENRY, t/a/d/b/a HENRY'S CONSTRUCTION Plaintiffs V. DAN VOGEL 1005 ROCKLEDGE DRIVE CARLISLE, PA 17013 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6000 Civil Term CIVIL ACTION - LAWS r A To: Dan Vogel Date of Notice: March 14, 2008 IMPORTANT NOTICE N 0 M-n ? Q 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 (10) 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street, Carlisle, Pennsylvania 17013 (717) 249-3166 AVISO IMPORTANTE To: Dan Vogel FECHA DEL AVISO: March 14, 2008 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTA A SU ABOGADO. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. Cumberland County Lawyer Referral Service Bedford Street, Carlisle, Pennsylvania 17013 (717) 249-3166 ABOM TULA , L.L.P G/am- i-- Jo W. Carter, Esquire Supreme Court ID #202849 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding in accordance with the requirements of Section 33.32 (relating to service by a participant). Dated this 14th day of March 2008. By First Class, and Certified Return Receipt U.S. Mail: Dan Vogel 7073 Carlisle Pike, Apt. 152 Carlisle, PA 17013 John W. Carter, Esquire Attorney for Plaintiffs USPS - Track & Confirm Page 1 of 1 UNI'rE 7 STATES IGPOSRU SERVICE Home I Help Track & Confirm Track & Confirm Search Results Label/Receipt Number: 7005 2570 0000 3804 2128 Detailed Results: AL'f"' 'S orifir") • Delivered, March 24, 2008, 10:19 am, CARLISLE, PA 17013 Enter Label/Receipt Number. • Undeliverable as Addressed, March 15, 2008, 11:44 am, CARLISLE, PA 17013 < 8odk Return to USPS.curir flame Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Ott. Site Mao Contact Us Form Gov't Services Jp? Privacy. Policy Terms or Use National & Premier Accounts Copyright,* 1999-2007 USPS. All Rights Reserved. No FEAR Act EEC Data F01A r Postal CERTIFIED MAIL,, R ECEI PT r r-i (Domestic Only; No Insuranc e . .• Provided) n.r C3 m Postage $ M C3 Certified Fee 0 O Retum Receipt Fee Postmark (Endorsement Required) a 5 Here O Restricted Delivery Fee rti (Endorsemerd Required) U') ru Total Postage & Fees . (JCS( v" 1 C3 D Iti aunt o ( !1 J treet,Api}ir ----^- T- o- or PO Box No. "7h-7i -- ----- *;^ - l 7 013 http://trkcnfrml.smi.usps.com/PTSIntemetWeb/lnterLabelDetail.do ai?Qi?nnQ _ A Bom K ul TULAKIS AirOauEVS AT Lnw March 14, 2008 Via Certified & Regular Mail: 7005 2570 0000 3804 2128 Dan Vogel 7073 Carlisle Pike, Apt. 152 Carlisle, PA 17013 Re: Henry Construction Company v. Dan Vogel District Judge Docket No.: CV-243-07 Docket No.: 07-6000 Civil Term Our File No: 05-315 Dear Mr. Vogel: Enclosed please find a time stamped copy of a Notice of Praecipe to Enter Judgment by Default in the above-referenced matter. Thank you for your attention to this matter. Sincerely, ABOM & KUTULAKIS, LLP ?obbhh/n W. Carter. JWC/ejf Enclosure Cc: Client YORK OFFICE (717) 846-0900 Reply To: 36 SOUTH HANOVER STREET CARLISLE, PA 17013 (717) 249-0900 FAY (717) ')40-1144 OFFICE LOCATIONS CARLISLE OFFICE (717) 249-0900 HARRISBURG OFFICE (717) 232-9511 CHAMBERSBURG OFFICE (717) 267-0900 CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding in accordance with the requirements of Section 33.32 (relating to service by a participant). Dated this 28th day of March 2008. By First Class, and Certified Return Receipt U.S. Mail: Dan Vogel 7073 Carlisle Pike, Apt. 152 Carlisle, PA 17013 L? . John W. Carter, Esquire Attorney for Plaintiffs b - „ _. ...,? 371 77+ co C7^a --G V 1 I ROBERT D. HENRY, t/a/d/b/a HENRY'S CONSTRUCTION Plaintiffs V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6000 Civil Term DAN VOGEL 1005 ROCKLEDGE DRIVE CARLISLE, PA 17013 Defendant CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT TO THE PROTHONOTARY: Please enter Judgment of Default in favor of plaintiff, Robert Henry, and against defendant, Dan Vogel, for defendant's failure to plead to the Complaint in this action within the required time. The Complaint contains a Notice to Defend within twenty (20) days from the date of service thereof. Plaintiff, by Order of Court, was allowed to serve Defendant with the Complaint by both regular and certified mail. (See Exhibit A) Plaintiff mailed the Complaint via certified and regular mail on February 5, 2008. Plaintiff's written Notice of Praecipe to Enter Judgment by Default, was mailed by certified and regular mail to the defendant at his last known address on March 14, 2008, which is at least ten (10) days prior to the filing of this Praecipe. (See Exhibit B) A Certification Under Rule 237.1 was filed with the Office of the Prothonotary and mailed by certified and regular mail to the defendant at his last known address on April 28, 2008. (See Exhibit C) Defendant does not have an attorney of record as of the date of this Praecipe. Please assess monetary damages in the amount of $9,534.00, being the amount demanded in the Complaint plus costs. Respectfully Submitted, ABOM & KUTULAKIS, LLP Date Wayne Melnick, Esquire Attorney I.D. No. 53150 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff ROBERT D. HENRY, t/a/d/b/a IN THE COURT OF COMMON PLEAS HENRY'S CONSTRUCTION CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 07-6000 Civil Term V. DAN VOGEL CIVIL ACTION -LAW 1005 ROCKLEDGE DRIVE CARLISLE, PA 17013 Defendant NOTICE OF JUDGMENT It is hereby ORDERED and DECREED that a default judgment is entered in favor of the plaintiff, Robert D. Henry for monetary damages in the amount of $9,534.00, being the amount demanded in the Complaint plus costs. All b',Lft Or= Distribution: Wayne Melnick, Esquire Dan Vogel o ? 24 ROBERT D. HENRY, t/a/d/b/a IN THE COURT OF COMMON PLEAS HENRY'S CONSTRUCTION CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 07-6000 Civil Term V. DAN VOGEL CIVIL ACTION - LAW 1005 ROCKLEDGE DRIVE CARLISLE, PA 17013 ORDER OF COURT AND NOW, this 30' day of 2008, upon consideration of the within Motion for Special Order Of The Court For Service Of Original Process 1; P M-0- said motion is hereby GRANTED. a..d 44- +0 , A- u ScNt w 6, bef t+ 1 wr V 44Ld ,,,, - BY THE COURT: J. ROBERT D. HENRY, t/a/d/b/a HENRY'S CONSTRUCTION Plaintiffs V. DAN VOGEL 1005 ROCKLEDGE DRIVE CARLISLE, PA 17013 Defendant F To: Dan Vogel Date of Notice: March 14, 2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6000 Civil Term CIVIL ACTION -LAW IMPORTANT NOTICE N [- C= c.J -3. +I 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 (10) 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street, Carlisle, Pennsylvania 17013 (717) 249-3166 AVISO IMPORTANTE To: Dan Vogel FECHA DEL AVISO: March 14, 2008 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INMEDIATAMENTA A SU ABOGADO. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA 0 LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. Cumberland County Lawyer Referral Service Bedford Street, Carlisle, Pennsylvania 17013 (717) 249-3166 ABOM TULA , L.L.P Gam--- ?- , Jo W. Carter, Esquire Supreme Court ID #202849 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiffs CERTIFICATE OF SERVICE I hereby certify that I have this day served the foregoing document upon all parties of record in this proceeding in accordance with the requirements of Section 33.32 (relating to service by a participant). Dated this 14th day of March 2008. By First Class, and Certified Return Receipt U.S. Mail: Dan Vogel 7073 Carlisle Pike, Apt. 152 Carlisle, PA 17013 rliL-?- L-- r John W. Carter, Esquire Attorney for Plaintiffs om U TULAKIS ATTORNEYS AT LAW March 14, 2008 Via Certified & Regular Mail: 7005 2570 0000 3804 2128 Dan Vogel 7073 Carlisle Pike, Apt. 152 Carlisle, PA 17013 Re: Henry Construction Company v. Dan Vogel District Judge Docket No.: CV-243-07 Docket No.: 07-6000 Civil Term Our File No: 05-315 Dear Mr. Vogel: OFFICE LOCATIONS CARLISLE OFFICE (717) 249-0900 HARRISBURG OFFICE (717) 232-9511 CHAMBF-RSBURG OFFICE (717) 267-0900 YORK OFFICE (717) 846-0900 Enclosed please find a time stamped copy of a Notice of Praecipe to Enter Judgment by Default in the above-referenced matter. Thank you for your attention to this matter. Sincerely, ABOM & KUMLAKU, LLP ohn W. Carter JWC/ejf Enclosure Cc: Client Reply To: 36 SOUTH HANOVER STREET CARLISLE, PA 17013 (717) 249-0900 FAY (717) ')40-1144 i ROBERT D. HENRY, t/a/d/b/a HENRY'S CONSTRUCTION Plaintiffs V. DAN VOGEL 1005 ROCKLEDGE DRIVE CARLISLE, PA 17013 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6000 Civil Term CIVIL ACTION -LAW CERTIFICATION UNDER RULE 237.1 r- cza -? I, the undersigned, attorney on the writ and attorney for plaintiff, hereby certify that-a tenT -r- FQ day notice of intention to enter judgment by default was sent to Defendants in accordance vNh Pa. R.C.P. 237.1. A true and correct copy of said notice is attached hereto as Exhibit ?4r = N) c..n C?F` ..{ Respectfully submitted, Abom & Kutulakis, L.L.P. cz? Jo W. Carter Attorney I.D. No. 202849 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff A0M B KuTULnKis April 28, 2008 Via Certified & Regular Mail: 7005 2570 0000 3804 2142 Dan Vogel 7073 Carlisle Pike, Apt. 152 Carlisle, PA 17013 Re: Henry Construction Company v. Dan Vogel District Judge Docket No.: CV-243-07 Docket No.: 07-6000 Civil Term Our File No: 05-315 Dear Mr. Vogel: OFFICE LOCATIONS CARLISLE OFFICE (717) 249-0900 HARRISBURG OFFICE (717) 232-9511 CHAMBERSBURG OFFICE (717) 267-0900 YORK OFFICE (717) 846-0900 Enclosed please find a time stamped copy of the Certification Under Rule 237.1 in the above-referenced matter. Thank you for your attention to this matter. Sincerely, ABOM & KUTULAKIS, LLP John W. Carter JWC/ejf Enclosure Cc: Client Reply To: 36 SOUTH HANOVER STREET CARLISLE, PA 17013 (717) 249-0900 FAY (717) 740-1144 CERTIFICATE OF SERVICE AND NOW, I, Emily J. Filiberti, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Praecipe for Entry of Judgment of Default by First Class U.S. Mail and by certified, return receipt to the following: Dan Vogel 7073 Carlisle Pike, Apt. 152 Carlisle, PA 17013 DATE C ? Emily J. F' i e m 6 ., Q ? -C C -