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HomeMy WebLinkAbout08-0240.? COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 01r- C?-qO CN J 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 APPELLgNT MAG. DIST. ND. NAIAr UI' u.?. A".1 ./ #,a// D 9. 2 P??ewagKef- /32 Pare'- Ave CAS A, s/c 'Al /71dj3 1a118107 Wm We-In 4KU' a- ,-,ed /L ?. #4//, ,,L?e_ cv--oootv3y2 -d7 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. w If appellant was Claimant (see Pa. R.c.P.O.J. fro. 7007(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Sonstws of proth nawy or Ds" 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 ?r s i _?j ?nr c appellee(s), to file a complaint in this appeal Enter rule upon .-/7r- Name of appellees) (Common Pleas No. V dV_t i ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appe0ant or attomey or agent .Lr appellee(s) RULE: To Z,1j,1C1e4,,1 c, Cj?e,- 7 Name of apw#Ws) (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: V eLA 1 141 , 20 01F Signature or P ary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT 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 ofbcial before whom affidavit was made Title of official My commission expires on 20 Signature of affiant C7 ? ` ?A F f f StJ m ' -u?7 (DI -D L` ? W a cra r ?.. COMMONWEALTH OF PENNSYLVANIA r.r)l INTY OF- CUMBERLAW Mag. Dist. No.: 09-2-02 MDJ Name: Hon. JESSICA BRENBARER Address: 1 COURTBOUSE SQ E WIN(; CARLISLE, PA Telephone: (717 ) 240-6564 17013 DAVE BALL 132 PORTER AVENUE CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) WIaDE11K8R ® Judgment was entered against: (Name) BALL, DAVE in the amount of $ 8,145.2 Defendants are jointly and severally liable. 1-1 Damages will be assessed on Date & Time F-1 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 $ 8,000.00 Judgment Costs $-? 145.26 Interest on Judgment $ • 00 Attorney Fees $ • Total $ 8,145.28 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 _MAYBE ISSUED _BY,THE MAGISTERIAL DISTRICT JUDGE,, UNLESSTHI 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. " Go - Q Date I certify that, this is a true an Date My commission expires first Monday of January, ???n CrB1 }jf , Magisterial District Judge :t copy of the record of the proceedings containing the judgment. 12/18/07 2012 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS riINDEILAEER III, CREDIE %FULL CIR CONST 200 WILLOW KILL PARR RD pCEMICSBURG, PA 17050 J v8. DEFENDANT: NAME and ADDRESS [-HALL, DAVE 132 PORTER AVMM CARLISLE, PA 17013 L -? Docket No.: CV-0000312-07 Date Filed: 9/14/07 (Date of Judgment) III, CREDIE Magisterial District Judge` SEAL AOPC 315-07 LL's C,7 - ? ' r, i m ru m C3 Postage I $ M Certified Fee 0 O Return Receipt Fee (Endorsement Required) O Restricted Delivery Fee C3 (Endorsement Required) si] -J3 Total Postage & Fees Postmark T i re. .. 1 i,- Sent To C3 Al/i?ale 4 ke/ .T CHelie, O Sfrceet, Apt. No.; ----___.--------`-------------------°°------------------------- r` or PO Box No. p?OG 4117 A l/ P !Y R, ----------------------------------------------------------------------- City, State, pta / Lel't . p,4 5;-D PS Form :3800, ALIC)LISt 2006 ";(,e Revei si, tot Instructions 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 Ld a copy of the Notice of Appeal, Common Pleas o'fj;?y,7 , upon the District Justice designated therein on (date of service) j l (P , 20 D 9 , Urby personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ertoUe- W)? rrKaktr _Z , on l [1(,] 12069 ? by personal service ?by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME T IS DAY OF •? 20 02 . Signature of offrciaf before whom affidavit was a Ti fe of official V My commission expires on AjaAda 49 20j?_. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Robin L. Weigle, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 6, 2011 Member Pe c ion of Notaries r ' Signature of affiant C) CZ5 fi PF _ ZC i r i_. 7' . COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of 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 oI the date and in the case referenced below. nMtitt ?r u.?. NAME OF APPELLANT MAG. DIST. W. Ca 9..•2 54fLU l? reW?gKer ?,?,.,?/ 14 ? / 1 7e AUUKCAo Ur s Mew I - -- -- - /3 2 Par 7"e'` 1? /e Alf l7pl DATE OF JUDGMENT IN THE CASE OF (PMinM lun?) cv-®Op©.3/Z- -aa 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. SOnsft" of Fftthoratary or DsPWY NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in actiir before a District Justice, A COMPLAINT MUST BE FILED within twer (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. NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon ?` appetlee(s), to file a complaint in this appeal /? ?/ ^t t Name of apW"(s) (Common Pleas No. 0 C) ors `'t p ? t ? ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. -? Signature of appellant or aNaney or agar RULE: To /j?i/1.'??° ?y /?rl T ??r.? °aPPeltee(s) Name of appeuee(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 sere of this rule upon YOU by persvrlal service or by certified or registered mail. 112) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. O The date offs/ervice of this rule if service was by mail is the date of the mailing. Date; Z, n , ! T . 20 0 S ?r - p?iJ Sipu twe of ary Woe YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTrrRANSCRIPT 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 w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CREDIE WINDEMAKER, III, Plaintiff NO. 08-240 V. DAVE HALL and TARA HALL, Husband and wife, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 Pleading 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 Pleading 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, PA 17013 (717) 243-3166 _a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CREDIE WINDEMAKER, III, Plaintiff V. DAVE HALL and TARA HALL, Husband and wife, Defendants NO. 08-240 . CIVIL ACTION - LAW . JURY TRIAL DEMANDED AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe toma accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en lat Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defienda, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCES UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 243-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CREDIE WINDEMAKER, III, Plaintiff V. DAVE HALL and TARA HALL, Husband and wife, Defendants NO. 08-240 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, this day of February, 2008, comes the Plaintiff, Credie Windemaker, III (hereinafter referred to as "Plaintiff', by and through his attorney, Andrew H. Shaw, Esquire, and files the instant Complaint and in support thereof avers as follows: 1. Plaintiff is an adult individual residing at, 200 Willow Mill Park Road, Mechanicsburg, Pennsylvania 2. Defendants are adult individuals residing at 132 Porter Avenue, Carlisle, Pennsylvania. 3. Plaintiff is the sole owner of Full Circle Construction, with a place of business at 200 Willow Mill Park Road, Mechanicsburg, Pennsylvania. 4. Plaintiff entered into a written contract with Defendant Dave Hall for construction work to be done at Defendants' home located at 132 Porter Avenue, Carlisle, Pennsylvania. A copy of the contract is attached hereto and incorporated herein by reference as "Exhibit A." 4 5. Coann Miller and Jeff Lebo were contracted laborers of the Plaintiff. 6. Plaintiff began work on the Defendants' home on or about June 28, 2007. 7. On at least one occasion Defendant Tara Hall provided instruction to the Plaintiff regarding the construction work. 8. On or about August 22, 2007 Plaintiff's laborer Coann Miller complained to Plaintiff that Defendant Dave Hall had grabber her inappropriately on two occasions. 9. On or about August 22, 2007 Plaintiff confronted the Defendant Dave Hall concerning his inappropriate behavior with Coann Miller. 10. On August 24, 2007 Plaintiff presented Defendant Dave Hall with an invoice of the work that was completed as of August 24'. A copy of the invoice is attached hereto and incorporated herein by reference as "Exhibit B." 11. On August 24, 2007 Defendant Dave Hall paid defendant the amount due of $5,715.00 by personal check. 12. On August 25, 2007, Defendant Dave Hall instructed the Plaintiff not to finish the contracted work, because his work was unacceptable and because his laborers were doing the majority of the work. 13. On August 29, 2007 Plaintiff called Coann Miller because she had not come into work for another job site. 14. On August 29, 2007 Coann Miller informed the Plaintiff that she would no longer work for Plaintiff. ! 1 15. After Coann Miller informed Plaintiff she would no longer work for the Plaintiff on August 29, 2007, Plaintiff later learned that Coann Miller and Jeff Lebo were working independently for Defendant Dave Hall. 16. Coann Miller and Jeff Lebo were performing the same contracted work that Defendant Dave Hall had contracted with the Plaintiff to perform. 17. On or about September 8, 2007 Plaintiff's bank informed him that Defendant Dave Hall had stopped payment on the check he had written out to the Plaintiff on August 24t` in the amount of $5,715.00. 18. The total amount due on the work contracted is $8,415.00. 19. On September 14, 2007 the Plaintiff filed a complaint with District Court # 09-2-02, at Docket #: CV-312-07. 20. The Hearing was held on December 18, 2007 and judgment was entered for Plaintiff and against Defendant in the amount of $8,145.28. A copy of the Judgment is attached hereto and incorporated herein by reference as "Exhibit C." 21. On January 14, 2008 the Defendant filed a Notice of Appeal with the Court of Common Pleas of Cumberland County. 22. As of the date of this Complaint, the Defendants have not paid Plaintiff in accordance with the Contract enacted between the two parties. COUNT I - BREACH OF CONTRACT 23. Plaintiff incorporates herein by reference all averments of this pleading as if more fully set forth hereinafter. 24. Pursuant to the contract between Plaintiff and Defendants, Defendants agreed to pay for all work specified Exhibits A and B. 25. Due to Defendant Tara Hall's contact with the Plaintiff, she validated the contract and in turn extended the contract to herself. 26. Defendants have not made payment to the Plaintiff for any work in accordance with the contract between the parties. 27. As a result of Defendants' failure to pay for the contracted work, the Plaintiff has suffered damage in the amount of labor, materials, and subcontractor wages for work that was performed in accordance with the contract entered into between the parties. WHEREFORE, because of the Defendants' breach of contract, the Plaintiff demands judgment against the Defendant in the amount of $8,145.28, together with costs and interest, attorney fees, and such other relief as this Honorable Court may deem appropriate under law, said amount being necessary to place Plaintiff in the position he would have been in had the Defendants performed the contract as per the parties' agreement. COUNT II - UNJUST ENRICHMENT (Dave Hall and Tara Hall) 28. Paragraphs 1 through 27 are incorporated by reference as if set forth more fully herein. 29. Plaintiff conferred a benefit on Defendants. 30. The benefits conferred were non-gratuitous. 31. There was appreciation of those benefits by Defendants. 32. Acceptance and retention of these benefits by Defendants, under the circumstances, is inequitable without payment of value. WHEREFORE, Plaintiff demands judgment against Defendants for damages in the amount of $8,145.28 with costs, attorney's fees and such other expenses to be paid by Defendants as the Court deems appropriate. Respectfully submitted, Date: ?2 ? o s? By An rew H. Shaw, Esquire Pa. Supreme Ct. I.D. No. 87371 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 717-243-7135 VERIFICATION I, Credie Windemaker, III, verify that the statements made in the attached Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: Credie Windemaker, III Page No. 1 Of _L Pages FULL CIRCLE CONSTRUCTION 200 Willow Mill Park Road Mechanicsburg, PA 17050 Phone: (717) 877-9702 David 141 Remodeling Prmposal 1 &&rler Avenue Carlisle, PA June.28, 2007 August 11, 2007 Famed Fad Doe: C09Y 9n June 19, 2007 JOB DESCRIPTION Ex eri r: 1. Removal of existing siding on exterior of home 2. Hang new siding on house and addition 3. On left side of house, install 1/4" dowel sheeting 4. On right side of house, install I (one) sheet of'h " dowel sheeting 5. Install 1" dowel sheeting on mud room 6. Cover mud room with cedar siding 7. Build chimney on back addition 8. Frame around all windows and cover with coil stock 9. Replace front exterior door and 2 new windows on house inte : 1. Remove 2 walls between kitchen and dining room 2. Make all ceilings same level (including kitchen, hall, & bath) 3. Remove exterior wall adjoining kitchen & mud room 4. Remove bathroom door & build new wall between hall/bathroom, install bathroom door on left side of bath 5. Remove all drywall from ceilings 6. Remove old/existing roof & frame furnace room 7. Re-support floor for furnace . 1 . FULL CIRCLE CONSTRUCTION O 200 Willow Mill Park Road Mechanicsburg, PA 17050 Phone: (717) 877-9702 Page No. 2 Of _Z_ Pages Remodeling Prwosc-? 13 Porter Avenue Carlisle PA Job NamelNo: Laatioo: June 28, 2007 August ::J 11, 2007 Appmumabe Sffit Date: Esdmsftd Fad DW- This proposal does not include the following: Removal and/or installation of kitchen cabinets. Insulate All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alterations or deviations from the above specifications involving extra costs, will be done only on a written change order. The costs will become an extra charge over and above the estimate. This is to include, but not to limit to, hidden damages that are uncovered during the course of the job and additional work required by local building inspectors. The estimate does not include material price increases, or additional labor and materials which may be required should unforseen problems arise after the work has started. We propose hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: Mem lyrmawed 5Qr S M 610 00 0I'a ". 0?0) Please Note: We reserve the right to withdraw this proposal if not accepted within 15 days. The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized tplo the work as specified. Payment will be made as outlined above. Signature: Date: 6 27 ?? You For Your Business. completion of job. Authorized Signature: Jde??- Date: 1 r FULL CIRCLE CONSTRUCTION O 200 Willow Mill Park Road Mechanicsburg, PA 17050 Phone: (717)795-0895 INVOICE August 2007 Dave Hall 132 Porter Avenue Carlisle, PA Request For &y=nVDraw • framing completed to date: $3,000.00 • siding completed to date: 2,000.00 Amount Requested: $5,000,00 Additional C rebuilt soffit/right side • replaced existing soffit with vented soffit /front rebuilt frame under bay window/front a installed entry lock/front door s replaced window/small bedroom installed three (3) laminate beams between kitchen & dining room • furred exterior wall between kitchen & mudd room o furred wall above laminate beams Additional Charges Incurred To Date: $ 715.00 Requested Draw Sim.00 Balance Due Immediately: 715,00 w s Balance Due Upon Completion of Contract (additional charges zaill be extra) $2,700.00 Customer's Signature: Signature: Date: Contractor's Signature: Signature: Date: TWnk You For Your Business. i COMMONWEALTH OF PENNSYLVANIA MI INTY OF:- CUMBERLANEI Mag. Dist. No.: 09-2-02 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS riINDZMMZR III, CREDIE %FULL CIR CONST 200 WILLOW KILL PARE RD PCHANICSBURG, PA 17050 J VS. DEFENDANT: NAME and ADDRESS FE ALL, DAVE 7 132 PORTER AVENUE CARLISLE, PA 17013 L J Docket No.: CV-0000312-07 Date Filed: 9/14/07 MDJ Name: Hon. JESSICA BREWBAEER Address: 1 COURTHOUSE SQ EPPING CARLISLE, PA 1[ Telephone: (717) 240-6564 17013 CREDIE PPINDElLAEER III %FULL CIR CONST 200 WILLOW MILL PARE RD MECHANICSBURG, PA 17050 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) ® Judgment was entered against: (Name) in the amount of $ 8,145.21 Defendants are jointly and severally liable. 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 $ 8,000.00 Judgment Costs $ 145.28 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 8,145.28 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 To I&MAOISTERAL eFSimeT-Jtf#? 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 `an rrect copy of the record of the proceedings containing the judgment. Date , Magisterial District Jud e My commission expires first Monday of January, 2012 SEA AOPC 315-07 DATE PRINTED: 12/18/07 2:48:00 PM (Date of Judgment) PPINDEMAEER III, CREDIE 12/18/07 BALL, DAVE w CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Complaint, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Dave Hall 132 Porter Avenue Carlisle, PA 17Q13 Date: ?C Andrew H. Shaw, Esquire Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Plaintiff ti• ? ., 1 -4 CASE NO: 2008-00240 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WINDEMAKER CREDIE III VS HALL DAVE TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NAT T TARA the DEFENDANT , at 2126:00 HOURS, on the 7th day of February-, 2008 at 132 PORTER AVE CARLISLE, PA 17013-2546 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 ?ia?Oq ?., ? 16.00- Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 02/08/2008 ANDREW SHAW By: ° De t Sheri A.D. 1 M CASE NO: 2008-00240 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WINDEMAKER CREDIE III VS HALL DAVE TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon -11 TT)T1 the DEFENDANT at 2126:00 HOURS, on the 7th day of February , 2008 at 132 PORTER AVENUE CARLISLE, PA 17013 TARA HALL a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.80 .00 1 y, 10.00 R. Thomas Kline .00 32.80 02/08/2008 ANDREW SHAW Sworn and Subscibed to before me this of by handing to ADULT IN CHARGE By day De Sh rif A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CREDIE WINDEMAKER, III, Plaintiff V. DAVE HALL and TARA HALL, Husband and Wife, Defendants NO. 08-240 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Credie Windemaker, III c/o Andrew H. Shaw, Esquire 200 South Spring Garden Street, Suite 11 Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed Defendants' Answer, New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. X?;al ? R. Mark Thomas, Esquire Attorney ID No. 41301 101 South Market Street Mechanicsburg, PA 17055 Telephone: (717) 796-2100 Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CREDIE WINDEMAKER, III, NO. 08-240 Plaintiff V. CIVIL ACTION - LAW DAVE HALL and TARA HALL, Husband and Wife, Defendants JURY TRIAL DEMANDED ANSWER, NEW MATTER AND COUNTERCLAIM 1. Admitted. 2. Admitted. 3. Denied. Defendants are without sufficient knowledge, information or belief to either affirm or deny this allegation and therefore same is denied and strict proof thereof demanded at time of trial. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that Coann Miller and Jeff Lebo did work at the Defendants' house pursuant to the contract with Plaintiff, but Defendants are without sufficient knowledge, information or belief to either affirm or deny what the relationship was between them and Plaintiff. 6. It is admitted only that the contract was dated June 27, 2007, and that very shortly thereafter the Plaintiff commenced performance under the contract. 7. Denied. This allegation is not relevant to Plaintiff's cause of action and it is denied as having ever occurred. 8. Denied. This allegation is not relevant to Plaintiff s cause of action and it is denied as having ever occurred. 9. Denied. At no time did Plaintiff confront Defendant, Dave Hall, concerning any behavior on the part of Dave Hall. 10. Admitted. 11. Admitted. 12. Admitted. By way of further answer, Defendant, Dave Hall, also stopped payment on the check given to Plaintiff on August 24, 2007, due to substantial problems with the work for which Plaintiff had been paid. 13. Denied. Defendants are without sufficient knowledge, information or belief to either affirm or deny this allegation and therefore same is denied. 14. Denied. Defendants are without sufficient knowledge, information or belief to either affirm or deny this allegation and therefore same is denied. 15. Admitted in part, denied in part. It is admitted that at a later date Coann Miller and Jeff Lebo approached Defendants about completing the work left unfinished by Plaintiff. With regard to conversations between Coann Miller and Plaintiff, Defendants have no knowledge, information or belief as to such conversations and therefore same is denied and strict proof thereof demanded at time of trial. 16. Admitted. Defendant did agree to allow Coann Miller and Jeff Lebo to complete the work which Plaintiff had started, but did not do in a workmanlike manner and did not perform in a timely fashion. 17. Admitted in part, denied in part. It is admitted that Defendants stopped payment on the check dated August 24, 2007. Defendants are without sufficient knowledge, information or belief to either affirm or deny when Plaintiff was advised by his bank of that action. 18. Denied. Much of the work performed by Plaintiff had to be torn down and redone at the expense of the Defendants. Also, Plaintiff did not perform his work in a timely and workmanlike manner. It is denied that Defendants owe Plaintiff any additional monies. 19. Admitted. By way of further answer, this allegation has no relevance to this Complaint and therefore should be stricken. 20. Admitted. By way of further answer, this allegation has no relevance to this Complaint and therefore should be stricken. 21. Admitted. By way of further answer, this allegation has no relevance to this Complaint and therefore should be stricken. 22. Denied. Defendants have paid Plaintiff more than Plaintiff was entitled to due to his lack of satisfactory performance under the contract. COUNT I - BREACH OF CONTRACT 23. Paragraphs 1 through 22 are incorporated herein as if set forth at length. 24. Admitted. However, by way of further answer, Defendants were entitled to have the work performed by Plaintiff in a quality and workmanlike fashion, which Plaintiff failed to do. 25. Denied. This allegation is a conclusion of law to which no responsive pleading is required and therefore same is denied. 26. Denied. Defendants made the initial payment of $7,700.00. By way of further answer, Plaintiff never performed pursuant to the terms of the contract to be entitled to any additional payments. 27. Denied. This allegation is a conclusion of law to which no responsive pleading is required and therefore same is denied. WHEREFORE, Defendants, DAVE HALL and TARA HALL, pray that this Honorable Court will enter judgment in favor of the Defendants on Plaintiffs claim for breach of contract. COUNT II - UNJUST ENRICHMENT (Dave Hall and Tara Hall) 28. Paragraphs 1 through 27 are incorporated herein as if set forth at length. 29. Denied. Defendants incurred additional costs and were left with an unsightly home due to Plaintiff's inability to perform the work in a workmanlike manner and in a timely fashion. 30. Denied. Defendants received no benefit from Plaintiff. 31. Denied. Defendants could not appreciate any of these so-called benefits provided to them by Plaintiff. 32. Denied. This allegation is a conclusion of law to which to which no responsive pleading is required and therefore same is denied. WHEREFORE, Defendants, DAVE HALL and TARA HALL, pray that this Honorable Court will enter judgment in favor of the Defendants and against Plaintiff on Plaintiffs claim for unjust enrichment. NEW MATTER 33. The responses contained in Paragraphs 1 through 32 are incorporated herein as if set forth at length. 34. Prior to entering into any contract with the Plaintiff, the Defendants had purchased all of the materials needed for the work to be done by Plaintiff except for a few minor items. 35. All materials necessary to perform the work, other than the few items, were located on Defendants' property where the work was to be performed. 36. Defendants entered into this agreement with Plaintiff because Plaintiff had led the Defendants to believe that he was fully capable and qualified to perform the work in the contract. 37. Under the terms of the contract, the work was to be completed by August 11, 2007. 38. On or about August 24, 2007, the Plaintiff was paid an invoice in the amount of $5,715.00, even though Plaintiff was not entitled to that payment under the terms of the contract. 39. Following payment of the sum demanded by the Plaintiff, the Defendants determined that due to the problems with Plaintiff's performance, and the length of time that had passed since Plaintiff contracted to do the work, they were going to terminate the agreement and stopped payment on the check because they did not believe that Plaintiff had earned those monies. WHEREFORE, Defendants, DAVE HALL and TARA HALL, pray this Honorable Court will enter judgment in their favor and against Plaintiff on Plaintiff's claims for breach of contract and unjust enrichment. COUNTERCLAIM 40. Paragraphs 1 through 39 are incorporated herein as if set forth at length. 41. Plaintiff was to remove and install new aluminum siding on the Defendants' house pursuant to the terms of the contract, but Plaintiff only completed a portion of this work. New siding had to be purchased to replace siding previously installed by the Plaintiff, which then had to be removed and reinstalled at a cost of $4,300.00 to the Defendants. 42. Much of the work performed by the Plaintiff had been done in an unsightly and unsatisfactory manner with exposed nails and poor finishing. Defendants had to incur additional expenses in the amount of $2,300.00 to remove and complete work previously performed by Plaintiff. 43. Defendants had to replace some materials that had been butchered by Plaintiff at a cost of $11,000.00. 44. Defendant, Dave Hall, had to perform in excess of One Hundred Five (105) hours of labor to assist in the completion of the work that should have been completed by the Plaintiff pursuant to the terms of the contract. This equals $1,050.00 in labor provided by Defendants. 45. There remains work to be done to fully complete the work previously agreed upon by Plaintiff under the terms of the contract. 46. It will cost Defendants approximately $900.00 to complete this work. WHEREFORE, Defendants, DAVE HALL and TARA HALL, pray that this Honorable Court will enter judgment in their favor of Defendants and against the Plaintiff in the amount of $1,850.00 on all counts plus court costs in this matter which amount to $78.25. Respectfully submitted, R. Mark Thomas, Esquire Attorney No. 41301 101 South Market Street Mechanicsburg, PA 17055 Telephone: (717) 796-2100 Attorney for Defendants CERTIFICATE OF SERVICE I, R. Mark Thomas, Esquire, hereby certify that I have served a true and correct copy of the within document on the following person by depositing a true and correct copy of the same in the U.S. Mail at Mechanicsburg, Pennsylvania, First Class Postage pre-paid, addressed to: Andrew H. Shaw, Esquire 200 South Spring Garden Street, Suite 11 Carlisle, PA 17013 Date: March 7, 2008 R. Mark Thomas, Esq. VERIFICATION I verify that the statements made in the foregoing document 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. X/oj G, ;?w Date: VERIFICATION I verify that the statements made in the foregoing document 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. Date: ? r? ..,. y s.r ..?r .+ p"xt 4 ,y w . ? +? .{ . ? g? N d 1 "?/ P? ; ? { ? 4 ? ??/ W fJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CREDIE WIlKIDEMAIER, III, Plaintiff V. DAVE HALL and TARA HALL, Husband and wife, Defendants NO. 08-240 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER AND COUNTERCLAIM 33 34. 35 36. 37. 38. No response required. Admitted in part and denied in part. It is admitted that Defendants had purchased the siding. It is denied that Defendants purchased "all of the materials needed for the work to be done." By way of further response, Plaintiff purchased lumber, OSB, soffet, nails and other miscellaneous materials and supplies. Admitted in part and denied in part. It is admitted that the materials were stored on Defendants' property as purchased. Plaintiff denies any inference that all materials were purchased prior to Plaintiff commencing the work at the property. After reasonable investigation, Plaintiff is without information or knowledge sufficient to answer the averments made by Defendants in Paragraph 36 of their New Matter. Denied. The document speaks for itself. Admitted in part and denied in part. It is admitted that Plaintiff was paid $5,715.00 on August 24, 2007. It is specifically denied that Plaintiff was not entitled to that payment. Specific proof thereof is demanded at trial. 39. After reasonable investigation, Plaintiff is without information or knowledge sufficient to answer the averments made by Defendants in Paragraph 39 of their New Matter. 40. No response required. 41. After reasonable investigation, Plaintiff is without information or knowledge sufficient to answer the averments made by Defendants in Paragraph 41 of their Counterclaim. As a matter of further response, it is admitted that Plaintiff was to remove and install new vinyl siding on the Defendants' house. It is further admitted that Plaintiff only completed a portion of this work. As a matter of further response, Plaintiff only completed a portion of this work because Defendants terminated the contract for no valid reason. 42. It is specifically denied that much of the work performed by Plaintiff was done in an unsightly and unsatisfactory manner with exposed nails and poor finishing. Strict proof thereof is demanded at trial. As the remainder of Defendants' averment, after reasonable investigation, Plaintiff is without information or knowledge sufficient to answer the averments made by Defendants in Paragraph 42 of their Counterclaim. 43. After reasonable investigation, Plaintiff is without information or knowledge sufficient to answer the averments made by Defendants in Paragraph 43 of their Counterclaim. 44. After reasonable investigation, Plaintiff is without information or knowledge sufficient to answer the averments made by Defendants in Paragraph 44 of their Counterclaim. r 45. After reasonable investigation, Plaintiff is without information or knowledge sufficient to answer the averments made by Defendants in Paragraph 45 of their Counterclaim. 46. After reasonable investigation, Plaintiff is without information or knowledge sufficient to answer the averments made by Defendants in Paragraph 46 of their Counterclaim. WHEREFORE, Plaintiff requests this Honorable Court dismiss Defendants' Counterclaim and award a judgment against Defendants for damages claimed by Plaintiff in his Complaint. Respectfully submitted, Date: ` V By: A (drew H. Maw, Esquire Pa. Supreme Ct. I.D. No. 87371 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 717-243-7135 Attorney for Plaintiff VERIFICATION I, Credie Windemaker, III, verify that the statements made in the attached Answers are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date:-,-T 3/ Credie Windemaker, III CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Plaintiff's Answer to Defendants' New Matter and Counterclaim, was served this date on the below named, by placing same in the United States mail, first- class, postage prepaid thereon, addressed as follows: R. Mark Thomas, Esquire 101 S. Market Street Mechanicsburg, PA 17055 Attorney for Defendants Date: - flI drew 14. Shaw, squire Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Plaintiff ?., NORMA I. RIVERA SANTOS, PLAINTIFF VS MARCOS A. MARTINEZ-MARQUEZ, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 08-0193 CIVIL TERM PROTECTION FROM ABUSE CHARGE: INDIRECT CRIMINAL CONTEMPT PET. # 08-240 IN THE CASE OF MARCOS A. MARTINEZ-MARQUEZ UNDER PAROLE FROM THE CUMBERLAND COUNTY COURT OF COMMON PLEAS. PETITION FOR REVOCATION OF PAROLE To the Honorable Judges of Cumberland County Courts. On 2/12/08, Judge M. L. Ebert, Jr, sentenced the subject to time served (15 days) to six months, as amended. Defendant was paroled immediately. Subject has violated his parole for the following reason: A) Subject violated #1 as on or about 3/14/08, he was arrested on a charge of ICC and sentenced to 3 months to 6 months in DCP. THEREFORE your petitioner prays this Honorable Court to determine whether there has been a parole violation and if so, whether the parole heretofore granted should be revoked. I verify that the facts set forth in this petition are true and correct to the best of my knowledge or information and belief. This verification is made subject to the penalties of section 4904 of the Crimes Code (18 PA C.S. 04904) relating to unsworn falsification to authorities. Respectfully Submitted, w Jaime RW6ra, Petitioner ? ? o ? ;? ?r ? -? r: : , ?? _ ? ?, , , ,, , ?. ?-. ._ - ? ? --<. ? _, -< w 4 CREDIE WINDEMAIER, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DAVE HALL and TARA HALL, NO. 09-240 Husband and wife, : Defendants JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Andrew H. Shaw, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is: $8,145.28 The claim of defendants in the action is: $1,850.00 The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Andrew H. Shaw R. Mark Thomas WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whome the case shall be submitted. Respectfully Submitted, Date: 0< By: _ Z,' I - ew H. Shaw, Esquire 200 S. Spring Garden Street Carlisle, PA 17013 ORDER OF COURT AND NOW, this day of , 2008, in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action as prayed for. By the Court, Edgar B. Bayley . r- . CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Petition for Appointment of Arbitrators, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: R. Mark Thomas, Esquire 101 S. Market Street Mechanicsburg, PA 17055 Attorney for Defendant Date: //-/O _ Qg Sup. Ct. I.D. No. 87371 Law Office of Andrew H. Shaw, P.C. Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Plaintiff .?? '?'!. °?:Y y p Syr ?? ?w?1 i k c-. E.... 7^-? &' y CREDIE WINDEMAKER, M. Plaintiff V. DAVE HALL and TARA HALL, Husband and wife, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. O&240 . JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Andrew H. Shaw, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is: $8,145.28 The claim of defendants in the action is: $1,850.00 The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Andrew H. Shaw R. Mark Thomas WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whome the case shall be submitted. Respectfully Submitted, Date: ` 04 By: jg&e-w H. Shaw, Esquire 200 S. Spring Garden Street Carlisle, PA 17013 ORDER OF COURT 1161 2008, in consideration of the Esq., VCo 1 CLI Edgar B. Bayley to ? ?.' N 'Q ?W CL Y`?--- a Clay `J ",' ? 0- In The Court of Common Pleas of Cumberland Plaintiff J-/W County, Pennsylvania No. a Z z1o 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 the duties of our office wi fidelit . 4 Q Signature Signat a Signature Lob'z-r l 6-. Name (Chairman) ( e /F(-.., r- 7 t' Law F' Address (f .r/I-Jt ?A - J7,0/-3 City, zip cuuru (qk- k GName ?V k ? Q 4 I Law Firm Address 10 Q, I??l e P X761,5 City, zip Name Law Firm Address city, zip JL 1atray <<OZ8 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.) V o r t ( /^ (n •? Date of Hearing: i Z 14 a-E--. Date of Award: Notice of Entry of Award ?-t:, sf T (Ur ??1 1'F o Cor?; IaIM, .tor,d/issents. (Insert name if applicable.) Now, the day of A)2062 at q.'.?y , _.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attomeys. Arbitr4tors' compensation to be paid upon appeal: S 3 Cuz?. ALL By: Prothonotary Deputy ZJ o r a1 r-a w