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HomeMy WebLinkAbout08-3514% .11M6 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PL(EEA,?S Cu_`o- 6rlk ? bL.1J? JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. os - 23 14 C'vV; I '1-0-r•n% 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. U4- 3, 01 - - ADDRESS OF APPELLANT CITY STATE ZIP CODE DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT) ick 0 vs. \ t e 5 CLAIM NO. SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGE V YEAR ocooo qLi.- OI 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. 1008B. This notice of Appeal, when received by the District Justice, will operate as No. 1001(6)) in action before district Justice, he A SUPERSEDEAS 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 ro ono ry or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.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 '3_0 $r- K?-C-; V i , appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 08- 3514 C. v.1 ) within twenty (20) days after service of rule of uffer e f judgment of non pros. Term Signature of appellant or his a nt RULE: To E appellee(s) Name of apps ee(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 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: an e 10 , Year 01008 014t?. 6KR Signature of Proth tary 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 boxtis# COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: I hereby swear or affirm that I served ® a copy of the Notice of Appear, Common Pleas No. _....?? upon the Oistriet Justice desic?na!e?r 1tef,,: -_,+- (date of service} year ?by personal service E]by (certified) (registered) mail, setider , receipt attached hereto, and upon the appellee, (name yea. by personal service ® by (certified) (registered) mail, sender's receipt attached t eref and further 'hat I served the Rule to File a ,,onr .c, ;gat -;nog )v-, Nouce c4 Appeal upon :-E- appelit whom the Rule was addressed on year by personal service mail, sender's receipt attached hereto - SWORN (AFF 1RMED) AND SUBSCRIBED BEFORE ME THIS _ DAY OF YEAR Signature of ofklai before wnLar, affxlavit was mace Title of oPfe:iat Mf commission expires on _ year ?TI f. C D S D Ama'-'t N O ao G7 Ri 4l1 ?J ?t Q 0M I t CZMMONWEALTH OF PENNSYLVANIA rtnl bury nF• CUMBERLAND Mag. Dist. No.: 09-3-01 MDJ Name: Hon. HAROLD Z. BENDER Address: 35 W ORANGE ST SHIPPENSBURG, PA Telephone: (717 ) 532-7676 17257-0361 ATTORNEY DZY PRIVATE : H A. ADAMS 49 W ORANGE ST STE 3 SHIPPENSBORG, PA 17257-1813 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rBRESKI, JOE BOX 433 NEWBURG, PA 17240 L J VS. DEFENDANT: NAME and ADDRESS rSINGER, HICK 4695 ORRSTOWN ROAD DBA SHIPPENSBDRG HEATING LORRSTOW N, PA 17244 J Docket No.: CV-0000079-08 Date Filed: 4/08/08 (Date of Judgment) (Name) BRESKI, JOE ® Judgment was entered against: (Name) SINGER, RICK in the amount of $ 4, 002.2 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 $ 3,908.77 Judgment Costs $ 93.55 Interest on Judgment $ .00 Attorney Fees $ -00 Total $ 4,002.27 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. Magisterial District Judge Date k Q.c.o? S'l F -certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, 2012 5/19/08 , Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 5/21/08 9:59:00 AN W c 9 r ? rn PROOF OF SERVICE'OF NOTICE OF APPEAL AND RULEJTO 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 00 ; ss AFFIDAVIT: I hereby swear or affirm that I served X ra copy of the Notic of Appeal, Common Pleas No d ?) /'' , upon the District Justice designated therein on (date of service) . ut)e _, year, by q y ( ified) (registered) mail, sender's Feceipt attached hsr o, and upon the appellee, (name - on -u ul year ® by personal service • by (certified) (registered) mall, sender's receipt attached hereto. and further that I served the Rule tIF" a Complaint accompanying the above Notice of Appeal upon the ap II (s) to 11 f whom the Rule was addressed on 40 F)l? Fear by personal service by (certified) (registered) mail, sender's receipt attached here' a SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME HIS _-1 J __- D Y O?QMC,- YEA _ 1 ' Signature of offciat before whom affidavit was made TMe, o/ official My commission expires on O r'f n1NTb Gommllpff Postal o CERTIFIED RECEIPT MAIL . (Domestic , M M Postage Lr) [? Certified Fee q p stmark O Return Receipt Fee (Endorsement Required) ,a 0 rU Restricted Delivery Fee \ (Endorsement Required) e & Fees l P ta T $ g os ota O 0 r%- { t To -------- -.L 5- K J ------------- S`triaef ;dpt. No.; or PO Box No. ------- 3 cm, Brete, ZlPr4 e W of o? COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT r NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. i vi I .-.,. rr,? NOTICE OF APPEAL Notice is given tfiat 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 -- ADDRESS 09 APPELLANT {J t s L DATE OF JUDGMENT . O cLAMA No. IcV Y AR- OOC) LT YEAR MAG. DIST. NO. OR NAME OF D.J. 1 J -1 -_.. ..--> - CITY STATE - 1 ? (I i vs. SIGNATAME OF ??. ? fr ? This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. 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. if appellant wasjClaimant (see fPA R.C.P.J.P, No. 664.i .ftft?t Justice, he MUST FILE A COMPLAINT within twenty (20) days alter filing his NOTICE of APPEAL. Mr- (This section of form to be 46111 11611(t ?K PA R.C.'P.J.P. I7j in action bgivie Diittrict Justice. IF NOT USED, detach from _ Dopy of notice 4pp"tD n apoefte, PRPE: To Prothonotary Enter rule ? ;; eHee(s), to file a complaint in this apliea?, Nam 0(*_&1ffMW (Common Plow No. - _?Lf;J Lki I l within twenty (20) days after service of rule or suffer entry of judgment of non pros. Sigt 'we of t - ft Stt .. . __.,. >. .., ? ; ??? ornef"or agent RULE: To Re;+?..r Y 1 1 appeff e(s' tYMrlE (1) You.=are nQ1101ed OW a AAS is hemby entered upon you to file a complaint in this appealwittsh twenty(2Q) days aber the die of service of this ntle upon you by personal Service or by certified or registered mail. (2) If `0a ?d fdo ?t^t Or{ irit wl#tln this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU :?I?CfP£• r (9) ?'?ie't?a ct?e ef?iF slr by mad is the date of the ma#s f Y .,,? , Year 41,wst . White - Prothoactery•_Cgpy Yellow - Appss• Pic - . I'll- Gold - D. J. Copy Proth. - 76 JOE BRESKI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND CO., PENNSYLVANIA V. RICK SINGER, d/b/a SHIPPENSBURG HEATING, Defendant : NO. 08-3514 CIVIL TERM CIVIL ACTION LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 JOE BRESKI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND CO., PENNSYLVANIA V. RICK SINGER, &Wa SHIPPENSBURG HEATING, Defendant : NO. 08-3514 CIVIL TERM : CIVIL ACTION LAW AND NOW comes the Plaintiff Joe Breski and files the within Complaint against Defendant Rick Singer, doing business as Shippensburg Heating, and in support thereof avers as follows: 1. Plaintiff Joe Breski ("Plaintiff") is an adult individual with a mailing address of Box 433, Newburg, PA 17240. 2. Defendant Rick Singer ("Defendant") is an adult individual whose address is 4695 Orrstown Road, Orrstown, PA 17244, also the address for Shippensburg Heating, the name under which Defendant does business. 3. Plaintiff is the general contractor for a house being built on property known and numbered as 225 Zion Road, Newburg, PA ("Property"). 4. Plaintiff came to an Agreement with Defendant on August 1, 2007, for the installation of a 3-ton Gibson heating and air conditioning unit and all necessary components ("Materials") at the Property, said work to be performed at a rate of $20 per hour. 5. At all times relevant hereto, Defendant acted on his own behalf, as well as on behalf of Shippensburg Heating. b. Piaintiffpaid Defendant Three Thousand Seven Hundred ($3,700.00) Dollars for the Materials, which Materials were to be shipped to the Property for installation. 7. The $3,700 quoted to Plaintiff by Defendant was to cover the cost of the Materials only; as a courtesy to Plaintiff, Defendant indicated he would not be making any profit from the purchase of the Materials. 8. Plaintiff made the $3,700 check (Check #556) payable to APR Supplies, the business where Defendant ordered and obtained the Materials; this was done at Defendant's request. A copy of the check is attached hereto and made a part hereof as Exhibit "A". 9. Plaintiff acquired a copy of the order submitted to APR Supplies by Rick Singer for the Materials which were designated for Plaintiffs job at the Property. 10. The invoice Plaintiff acquired indicated that the total cost of the Materials was $2,721.23. A copy of the invoice is attached hereto and made a part hereof as Exhibit `B". 11. The balance, $978.77, was credited to Defendant's account with APR Supplies for other items purchased by Defendant not related to the Materials for the job at the Property. 12. Despite the fact that the Materials were to be shipped directly to the Property, the Defendant had the Materials shipped to his address at 4695 Orrstown Road, Orrstown, PA 17244. 13. Included in the Materials delivered to Defendant's address and included in the original order of Materials to be delivered was a 3-ton condenser. 14. The heating work was to be performed in a timely fashion, and Plaintiff was assured by Defendant that the heating service calls to which he responds would not interfere with his performance of the work at the Property. 15. It was necessary for "rough-in" work to be completed prior to an inspection to be performed by the Middle Department Inspection Agency ("MDIA"). 16. Defendant said two (2) days would be sufficient for the completion of the "rough-&' work. 17. The work was begun by Defendant on August 3, 2007, and some Materials were brought to the Property by Defendant in order to perform the "rough-in" work. 18. These Materials did not include the condenser unit necessary to complete the work. 19. When Plaintiff repeatedly asked why the condenser unit had not been brought to the Property, Defendant told Plaintiff that a condenser would have to be purchased because he did not receive one with the Materials delivered to him. 20. It was confirmed with APR Supplies that Defendant did receive a condenser with the original order. 21. In fact, the `rough-in" work took approximately four (4) weeks because of the Defendant's failure to return to the Property, for which Defendant offered a variety of excuses. 22. According to Plaintiffs records, a total of twenty-four (24) hours was spent by Defendant on the "rough-in" work (at $20 per hour). 23. Defendant claimed that thirty-two (32) hours was spent to complete the "rough in" work (at $20 per hour); this time included eight (8) hours for assembly of 52 feet of excess transitional duct board which was never used anywhere in the job. 24. Plaintiff repeatedly asked Defendant for a breakdown of the hours to verify his claim for time spent, but Defendant refused to comply with this request. 25. When the MDIA inspection was performed, it showed six (6) problem areas with the "rough-in" work that would need to be corrected before the work could be approved and the final work could be done. 26. Plaintiff informed Defendant of the inspection results and requested that Defendant return to correct the problem areas. 27. Defendant became defiant and said he would return to correct the problem areas but he first wanted paid the $640 for the `rough-in" work performed, plus he also wanted paid for performing the work to correct the mistakes discovered in the inspection. 28. Plaintiff discussed with Defendant his unprofessional conduct in wanting paid a second time to correct his mistakes, and Defendant finally agreed to come back and not to charge to correct the mistakes. 29. On October 19, 2007, Defendant called Plaintiff and Plaintiff was informed that Defendant had just gotten out of the hospital where he was being treated for Lupus. 30. Defendant requested a partial draw towards the $640 for the work performed, and Plaintiff told him to come to the Property and Plaintiff would pay him $350. 31. When Plaintiff gave Defendant a check for $350, he again requested that the condenser be brought to the Property so it could be installed. 32. Again, Defendant insisted that another condenser would have to be ordered because he never received one with the original order that was delivered to his place of business. 33. On October 19, 2007, Plaintiff verified with APR Supplies that a condenser had been included with the original order that had been delivered in August. 34. Plaintiff stopped payment on the $350 check the same day it was given to Defendant. 35. When no attempt was made by the Defendant to return to the Property to correct the problem areas, on March 14, 2008, Plaintiff sent Defendant a certified letter recapping all of the issues outstanding. The green return receipt card came back to him whereon Richard Singer had signed for the letter on March 22, 2008. A copy of the letter, together with the green return receipt card, is attached hereto and made a part hereof as Exhibit "C". 36. To date, the problem areas have not been corrected, nor has the condenser for which Plaintiff paid been delivered to the Property. 37. Plaintiffobtained an estimate to have the problem areas corrected; said estimate was $40 an hour and would take approximately ten (10) hours, for a total cost of $400. 38. In order to replace the condenser for which Defendant bad been charged $1,084.77 by APR Supplies, it would be necessary for Plaintiff to expend at least an additional $1,500. 39. Because of Defendant's refusal to fix the problem areas and the fact that the condenser unit was not installed at the Property, it was necessary for Plaintiff to obtain other heating supplies in order to get through the winter without weather-related problems to the new construction; heating supplies were purchased in the amount of $1,105.91. 40. It was also discovered that excess materials had been purchased at a cost of $604.75 and brought to the Property by Defendant; said excess materials remain at the Property and cannot be used by Plaintiff. 41. Defendant still refuses to deliver the condenser unit to the Property. 42. Defendant has refused to reimburse Plaintiff for the present cost of a new condenser or for the excessive expense incurred as a result of unnecessary Materials for which Plaintiff paid. 43. Defendant has also refused to reimburse Plaintiff for the cost of hiring an additional heating contractor to correct the problem areas. 44. Plaintiff and Defendant entered an agreement under which Defendant was to install a 3-ton heating and air conditioning unit and all components at the Property. 45. Defendant breached the agreement by failing and refusing to complete performance of the work requested and not having all components delivered to the Property. 46. As a direct and proximate result of Defendant's breach of the agreement, Plaintiff suffered harm in the amount of approximately $4,682.93, plus interest. WHEREFORE, Plaintiff Joe Breski respectfully requests this Honorable Court enter a judgment in his favor and against the Defendant Rick Singer, d/b/a Shippensburg Heating, in the amount of $4,682.93, plus interest, cost of this suit and any other relief this Court deems just and appropriate. Respectfully submitted, Joe Breski The undersigned hereby verifies that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Dam: June 30, 2008 Joe Breski I hereby certify that I have served a copy of the within document this 3& day of June, 2008, on the following by depositing a true and correct copy of the same in the U.S. Mails, postage prepaid: Rick Singer d/b/a Shippensburg Heating 4695 Orrstown Road Orrstown, PA 17244 r 2008062832000112:000001 scanned on IMAMOR by Operator IMAMOR on Jun 28, 2008 at 05:14:41 PM Page 1 of 1. t nUI DNA 717 116 1 PA iTi+ltl •., DW pad ?s eiw ^? . $3W"' ±t3?r d ezf Z=Wkw% a "Mc P"m & 9 JAI stf Ps c..rr rA Frrr ? ? t ' ?EQ 3 L 3 L ? 38+. so 3R 6fl 58 ?0 Sig M000 3 =0040 0 t11 #E$ggS€ !?s ti E? tii2 ckA ? •'?. 1671 t tL 2008062632000112000001 D6i110R C1 20070806 000000000024011674 000000000000370000 000000000356 D 000000005003960587 MURK PmsKl PO BOX 433 UMi1 MS, PA 17240-0433 f pi 1 1 i A R **** INVOICE *** MICE DATE INVOI 09/02/07 S318 2 9.001 IWNEMUSE PAf N0. L Shp IS Prc 2 1 BILL T0: SHIPPENS G HTG & 4695 ORR WN ROAL ORRSTOWN A 1724 6.07AOem- SHIPPENSBtfR4 ... a ? i Msafta Number WgOdM437 i l' 3 141 11:17 AM Thu Aug 62.20D7 Signed W. Duane SHIP T0: SHIPPENSBURG HTG CLG-SHIPTO CLOSED? 4695 ORRSTOWN ROAD ORRSTOWN, PA 17244 CUSTOMER NlRBER CUSTOMER NUMBER RELEASE NUMBER OROER?Q BIG 19169 J BRISKE RICK RICK NET DUE DATE PA ' EM SHIP VIA WRITER 09/30/07 NE 'A 30 DAY 04TRUCK Tom Miller ORDER QTY SHIP DESCRIPTION Net Price Extended :o 1 1 3/8 /8X3/8PE 50' LINE SET 202.899 202.90 1 1 DIV -711 CABLE TIES 7"&11" 150 7.226 7.23-; PIE 1 1 18- 250' SPOOL T-STAT WIRE 71.685 471 307 3 3 PL P 3/4 X 20 PVC S-40 BE PIPE 4.487 13.40 6 6 PVC 3/4 90 EL 406-007 0.350 2.10 6 6 PVC 3/4 90 ST EL 409-007 1.093 6.56 2 2 PVC 3/4 M ADPT 436-007 0.333 0.67 1 1 SM 12X6 AIR FRAME 3517 2.284 2- 4N0 517061200 4 4 TAP FOIL 3 X 60 YDS AF100 NASHUA 14.800 53.2 324 UL-181A-P UL-181B-FX (IRCC M16 .3.1 CODE RATED) 3 3 PC6 B TAPE 2 X 60 YD BLACK DUCT 8.400 25.20- NAS A 345 7 7 SM ST 8 COLLAR 1727 FITS 1" & 3.925 : 27.4$ - 1-1 " BOARD 4N172700800000 7 7 FLE UCT 8" X 25' INSUL R6.0 (BAG) 19.470 136.29 FO DEHYDE FREE 9 9 SM ST 6 COLLAR 1727 FITS 1" & 2.945 26.51 1-1 BOARD 4N172700600000 10 10 FLE UCT 6" X 25' INSUL R6.0 (BAG) 16.986 169.86 5 5 SM ST 7 COLLAR 1727 FITS 1" & 3.278 16.39 1-1 BOARD 4N172700700000 *** Continued on Next age *** 7' }.i Xt+lbl T ii n ii **** INVOICE *** INVOICE DATE INVOI ER 08'/02/07 S318 E 2 9.001 WAREHOUSE PAW NO. Shp se PrC 2 11 - 2 BILL TO: SHIPPENS: 4695 ORR ORRSTOWN CUSTOMER MMBER 19169 J NET DUE DATE 09/30/0? N ORDER OTY SHIP 4 21 50 1 1 1 1 1 2 G HTG LG WN A i6 1711 2 CUSTOMER (PfR M MBER BRISKE PAYM8 30 DAY SNIP TO: SHIPPENSBURG HTG CLG-SHIPTO•CLOSEH`! 4695 ORRSTOWN ROAD ORRSTOWN, PA 17244 RELEASE 0-41BER ORDERED By RICK RICK SNIP VIA WRITER 04TRUCK Tom Miller "TOMM 9011. am- I 4 FL UCT 7" X 25' INSUL R6.0 (BAG) 18.188 72.7.5 - FO DEHYDE FREE 21 RCF 4 ROUGH-IN FLANGE FOR 24" O/C 3.080 64.68 50 DIV -P36 NYLON TIES 36" 0.173 .8.65 1 365 M 9/16" NARROW CROWN STAPLE 2.020 2.02 1 125 DIV PKG -2748L 27" X 48" PLASTIC DRAIN 23.305 23.3' I PAN FOR FURNACE OR AHU) 1 GIB T5BD-036K HP 13-SEER GIB 1084.769 1084.77 9181 !6J Ser 1#: 918856J+JTA070300671 1 GIB B5BM-036K-B AH MULTIPOISE - G 374.449 374.45 904 3GD Ser 1#: 904243GD+GBA070400879 1 NOR 6HK015H-21 ELECTRIC HEAT KITS 100.729 100.73, , FOR 904414 2 JM 0 1-1/2" DUCTBOARD IN CARTONS 34.005 68.01 48" 20" Please Rena To: APR SUPPLY CO. 749 GOILFORD S LLRANON PA 170 6 4?. 5 Total Not Mount 2x67.20 San CHAS 0.04 Salsa Tax- 154.03 Invoice Ammi-t 2721.23 Lest Payments Received -2721.23, Balance Due 0.00 k{ t:?" 1 Joe Breski 217 Zion Road Newburg, PA 17240 March 14, 2008 Shippensburg Heating Up Rick Singer 4695 Orrstown Road Orrstown, PA 17244 Re: Heating Work for 225 Zion Road, Newburg Dear Mr. Singer: This letter is to point out issues which need to be resolved as a result of your actions with regard to the withholding of a 3-ton Gibson compressor, the ordering of excess supplies and excess charging for labor. Your actions have caused Mr. and Mrs. Michael Breski to have to acquire extra heating supplies to heat their home. If you had performed properly and completed the job per your agreement, this letter would not have been necessary. Following is a recap of issuies which must be resolved: 1. The customers paid for all supplies for the 2 d floor heating system, which was to be shipped to the job site, 225 Zion Road, Newburg. The payment in the amount of $3,700 was made to APR Supplies. Rather than shipping the items for which the Breskis paid to the job site, you had them shipped to your location at 4695 Orrstown Road. You indicated that you were not making any money off these materials, etc.; but the actual cost of the materials was only $2,721.23. In numerous conversations regarding the purchase of the compressor for the I' floor, you always said that a compressor needed to be purchased for the 2°d floor as well. I now understand that your intent was not to give me the compressor for which we paid, but to try to get more money out of the Breskis for your own profit. 2. On August 3, 2007, you started the work at the job site; 7:00 am. to 9:30 a.m. (2'/2 hours per man). You indicated you would be back on Monday, August 6, but you never showed up. You called late in the afternoon of August 6 and said that you checked your phone service and had a large number of service calls to which you had to respond. When we got into a discussion about your agreement with the Breskis, one of your comments was that you could make more money off the service calls than performing the contracted work for the Breskis. Later in that conversation, you said you would be back either August 9 or August 10. There was one excuse after the other for your failures to return to the job site, which caused me to believe that you were not being totally honest in your dealings with us. A`X 14-11317, C., t owl 3. You agreed to complete this job in a timely fashion and that you would not allow service calls to mfdnge upon the performance of your duties at this job site. You indicated you would need 2 days to rough-in; your actual time to complete the rough-in was 6 weeks, for a. total of 32 hours, 2 men at $20 per hour. We received numerous excuses for this extended 6-week time period - wedding anniversary, time with your kids, a trip to the shore to buy a mobile home, etc. 4. Six (6) weeks after you started the job and you had the rough-in finally complete, without the condenser (outside unit), you informed me that you were finished and that you wanted paid for the 32 hours labor at $20 per hour. I informed you that MDIA would be doing the mechanical inspection and that I would let you know the outcome of that inspection. After the inspection, I phoned you and told you that there were at least six (6) areas of your work that would need to be corrected. Your reply was that you would fix the problems, but, before you did that, you wanted paid for the 32 burs. When I insisted that you fix your mistakes, you said that you would, but would also be charging me additional monies for the repairs. (Ihave had other heating cotes come in for estimates, and all were amazed at this lever of unprofessional behavior.) After taking inventory of the job you performed, we have found the following: 1. 52 feet of transitional duct board cut, taped and assembled for the job. (All wasted labor and materials for which you want to charge.) 2. Job required 48 feet of duct. You had me purchase 100 feet of board. This was an excessive cost. 52 feet left on the job that can't be used because it was put together for the 2n floor and has to be reworked for any other area. More wasted labor. 3. High/low returns purchased for 2°d floor when in fact there are none. Everything is located in the ceiling. 4. Thermostat is in the wrong location. 5. Excessive strapping materials purchased. 6. Excessive flex duct rolls (wrong size). 5 rolls left on job site. 7. Had to repair insulation torn off of line sets that were pulled through too small a hole. This problem was found by the MDIA inspector. 8. Problems that need to be corrected by you and that were neglected: a. Handler unit improperly located. b. Thermostat in wrong location. C. DCFs not properly installed. • d. Line set forced through small hole, thereby ripping insulation cover. e. Condensation drain tube improperly installed. f. Silver tape on duct board not applied correctly on four (4) seams, allowing air/heat to rush into attic space. g. Silver tape completely left off of bottom of duct board seam in three (3) locations. h. No filter in unit. i. Did not deliver outside condenser for which payment was made in the amount of $3,700. 9. Mr. and Mrs. Breski had to purchase auxiliary heating supplies -- kerosene heater and some $900 worth of kerosene) to heat the home over the winter months because of your actions. You should reimburse them for this cost. 10. You have refused to return to the job and correct the problem areas created by you and your helper. 11. You decided to keep the condenser for which the Breskis have already paid and make an excessive charge for labor. Even though you were asked to supply a written itemization of the time m on this job, you only supplied a total figure of 32 hours. You were, in fact, only on the job for a total of 24 hours. There was also excessive time spent on this job, particularly since there was no drywall on the ceilings with which you had to deal. 12. When any attempt was made to resolve these issues with you, you merely added on interest and made numerous threats as to what you wanted from us. We want the condenser for which $3,700 was paid delivered to the job site immediately, together with credit for excessive materials purchased and labor applied to materials to assemble. We also want credit for six (6) hours that it will take to repair your mistakes as found by the MDIA inspector. I expect to hear from you in writing on or before Friday, March 21, or legal remedies will be pursued. Very truly yours, Joe Breski etc *« ¦ l i ConoW 1 Z qiiO $' Also cbrY i. a atom 4 ff fle icted I)sftryrWI d ¦ Print your name and addnisss o the reverse so that we can rectum the card to ym ¦ Att h W d t h B. bg*iW by £ ac s c an o t e bads of the mWpfw% ?^ ; or on the front ff space psrmft& t. Artk le Addressed to. r ? H YES`: after delywy a reoss M 7D06 2150 0001 8708 5655 t T' rfrn?ar aer?ioe PS Form 3811, Fat z; 2004 Domestic Retum Receipt f : i • Sender: Please - Rrint, oar :? Warne, address, a6d his • t: J . g w { it 3+ r-? t CA) r-" ter:. r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOE BRESKI : No. 08-3514 CIVIL TERM PLAINTIFF : Civil Action-Law vs RICK SINGER DEFENDANT PRELIMINARY OBJECTIONS TO THE COMPLAINT OF PLAINTIFF Now comes the Defendant, Rick Singer, by and through his attorney, H. Anthony Adams and sets forth the following Preliminary Objections to the Complaint of Plaintiff. Motion for More Specific Complaint 1. Paragraph 4 claims that an agreement was entered into on August 1, 2007 but fails to state whether the agreement was written or oral. If written the agreement is not attached and if oral the terms of the agreement have not been set forth. 2. Paragraph 12 claims that the "material" was to be delivered directly to the property. It fails to state who made the agreement to deliver the material, when delivery was to be made and to what property the material was to have been shipped. 3. Paragraph 39 claims that half of the supplies were purchased but fails to state who purchased the supplies or what supplies were purchased. Wherefore, Defendant requests your Honorable Court enter an order requiring Plaintiff to file a more specific complaint. MOTION TO STRIKE 4. Paragraph 20 is an attempt to introduce evidence and is therefore not a required factual pleading. 5. Paragraphs 28, 31, 35 are attempts to introduce evidence and are not therefore required factual pleadings. 6. Exhibit C of the Plaintiff's complaint is an attempt to introduce evidence that is not relevant, is replete with hearsay and is scandalous. Wherefore, Defendant requests your Honorable Court strike the offending paragraphs and Exhibit.. FAILURE OF A PLEADING TO CONFORM TO LAW OR RULE OF COURT 7. Numerous paragraphs of the pleading as filed set forth multiple material allegations within a single paragraph which is prohibited by rule. 8. Plaintiff seems to be pleading, without separation into Courts, numerous causes of action and damages and does not therefore conform to the rules of civil procedure. Wherefore Defendant prays your Honorable Court dimiss the Plaintiffs complaint. Respectfully submitted, H. Anthony Adams, Esquire Attorney for Defendant 49 West Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the person in the manner indicated below, by depositing a copy of the same in the United States Mail, Shippensburg, Pennsylvania, with first class postage prepaid as follows: Joe Breski Box 433 Newburg, PA 17240 Date: 7/16/08 H. Anthony Adams, Esquire 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 r' ?.:? cam-. ._a 4 .j e T ? ?? yp'? „? S5 ?? -..' i r. - - ?? . M. ? l '•?? ?? PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. JOE BRESKI Box 433 Newburg, PA 17240 Plaintiff V. RICK SINGER, d/b/a SHIPPENSBURG HEATING 4695 Orrstown Road Orrstown, PA 17244 Defendant ------------------------------------------------- 1. Matter to be argued: Preliminary Objections. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 08-3514 CIVIL TERM 2. Identify counsel who will argue cases: (a) for Plaintiff: Pro se (717) 423-5355 (b) for Defendant: H. Anthony Adams, Esq. 49 West Orange Street, Suite 3 Shippensburg, PA 17257 (717) 532-3270 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date October 22, 2008 Si ature Joe Breski Print your name Date: 9).2 3 8 138244 CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the within document this aUOday of .SifPMP)b&R , 2008, on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: H. Anthony Adams, Esquire 49 West Orange Street, Suite 3 Shippensburg, PA 17257 138244 Fri -C JOE BRESKI PLAINTIFF RICK SINGER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-3514 CIVIL TERM vs : Civil Action-Law ANSWER Now comes the Defendant, Rick Singer, d/b/a Shippensburg Heating and sets forth the following answer: 1. Admitted 2. Admitted 3. Denied, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter averred. 4. Denied, the contract between the Plaintiff and Defendant involved all heating and cooling services to the new construction including two heat pumps. 5. Admitted 6. Denied, Plaintiff advanced the amount of $3,700.00 to APR Supplies to purchase equipment and supplies need for heating and cooling of the new construction including heat pumps on each floor. 7. Denied, the cost was in fact for equipment and supplies but the Defendant was entitled to the normal and usual compensation in the trade as is the accepted practice in the trade for time and material contracts. 8. Admitted, that a check was paid to APR Supplies. The Plaintiff suggested this method. 9. Admitted 10. Admitted that the initial material was $2,721.23. 11. Admitted that the remaining amount was applied as a credit. 12. Denied, the material was never to have been shipped to the Breski property. 13. Admitted that one of the condensers was included in the initial order and shipped to the Defendant. 14. Denied, the work was performed in a timely manner. 15. Admitted 16. Denied, the Defendant actually stated the two "working days" would be required for "rough-in" which would be 48 hours. 17. Admitted 18. Admitted 19. Denied, Plaintiff and Defendant discussed on numerous occasions the fact that two heat pumps were to be installed at the property. 20. Admitted 21. Denied that Defendant failed to return to the property or made excuses for 4 weeks. 22. Denied, after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the matter averred. 23. Defendant estimate as believes that 48 hours was required for "rough-in" work for which he was to be paid $960.00. 24. Denied, Defendant offered to verify his hours but Plaintiff insisted that he was correct and Plaintiff would not pay his bill. 25. Denied, Defendant does not have a MDIA report and is therefore without knowledge or information sufficient to form a belief as to the truth of the matter averred. 26. Admitted however Plaintiff refused to pay Defendant for this work and Defendant therefore refused to perform any further work. 27. Admitted, Defendant id in fact ask for payment for his work. 28. Denied, Defendant was never paid so he was not "wanting paid a second time." Defendant surrendered to Plaintiff's bullying and did more free work for Plaintiff. 29. Admitted 30. Denied, Defendant required some money for his work and Plaintiff offered $350.00. 31. Denied, Plaintiff requested the condenser but Defendant refused to supply and further material until he was paid. 32. Admitted, Plaintiff wanted two condensers but only one was received. 33. Denied, Defendant is without knowledge or information to form a belief as to the truth of the mattered averred. 34. Admitted 35. Admitted 36. Denied, Defendant is without knowledge or information to form a belief as to the truth of the matter averred. 37. Denied, Defendant is without knowledge or information to form a belief as to the truth of the matter averred. 38. Denied, Defendant is without knowledge or information to form a belief as to the truth of the matter averred. 39. Denied 40. Denied, the material purchased for the work to be performed was not excess. 41. Admitted, the Defendant has not been paid. 42. Admitted 43. Admitted 44. Paragraph 44 is a conclusion of law to which no response is required. 45. Paragraph 45 is a conclusion of law to which no response is required. 46. Denied, the Plaintiff has not requested nor is there support for the damages set forth in this prayer for relief. NEW MATTER 47. The Plaintiff owes to Defendant the amount of 840.00 for work performed on the construction project for which he has not been paid together with interest thereon and costs of suit and Defendant is entitled to setoff for any amount owed to Plaintiff Resp tfully submitted Anthony Adams, Esquire Attorney for Plaintiffs 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 VERIFICATION I verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ,0 546) 8 HHim -t Cry ?? a , c s'7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOE BRESKI : No. 08-3514 CIVIL TERM PLAINTIFF : Civil Action-Law vs RICK SINGER DEFENDANT PRAECIPE TO WITHDRAW THE PRELIMINARY OBJECTIONS TO THE COMPLAINT OF PLAINTIFF TO THE PROTHONOTARY: Defendant hereby withdraws the Preliminary Objections previously filed. Respectfully submitted, H. Anthony Adams, Esquire Attorney for Defendant 49 West Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 c's CJs i r' rn °I C - cc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ]OE BRESKI No. 08-3514 CIVIL TERM PLAINTIFF Civil Action-Law vs RICK SINGER DEFENDANT To The Prothonotary: H. Anthony Adams, Counsel for the Defendant withdrawals the Preliminary Objections to the Complaint of Plaintiff. Respectfully, H. Anthony Adams Attorney for Defendant 49 West Orange Street, Suite 3 Shippensburg, Pa. 17257 Supreme Court ID # 25502 C") ha r. ,.. 41,E "? JOE BRESKI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND CO., PENNSYLVANIA V. NO. 08-3514 CIVIL TERM RICK SINGER, d/b/a SHIPPENSBURG HEATING, ; Defendant CIVIL ACTION - LAW PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT AND NOW comes the Plaintiff, Joe Breski, and files this Reply to the New Matter of Defendant: 47. Denied. Plaintiff is without knowledge or information to form a belief as to the truth of the matter averred. Dated: November 2008 Respectfully submitted, e Breski, Plaintiff P. O. Box 433 Newburg, PA 17240 CERTIFICATE OF SERVICE AND NOW, this 367 day of November, 2008, I hereby certify that I have served a coy of the within document on the following by depositing a true and correct copy of the same in the U. S. Mail, postage prepaid, addressed to: H. Anthony Adams, Esquire 49 West Orange Street, Suite 3 Shippensburg, PA 17257 141079 ' ' 0 JOE BRESKI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND CO., PENNSYLVANIA V. NO. 08-3514 CIVIL TERM RICK SINGER, d/b/a SHIPPENSBURG HEATING, Defendant CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Plaintiff in the above-captioned action respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of Plaintiff in the action is $4,682.93 plus interest, attorney's fees, costs and expenses. The counterclaim of the Defendant in the action is $840.00 plus interest and costs. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: None known. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, Date: November3©2008 ?? zz-a'z e Breski, Plaintiff P. O. Box 433 Newburg, PA 17240 J` CERTIFICATE OF SERVICE AND NOW, this 30 day of November, 2008, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: H. Anthony Adams, Esquire 49 West Orange Street, Suite 3 Shippensburg, PA 17257 k 4 `5 w JOE BRESKI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA V. RICK SINGER, d/b/a SHIPPENSBURG HEATING, Defendant NO. 08-3514 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this- day of Golltu? 200 in consideration of the Petition for Appointment of Arbitrators submitted by Plaintiff, Joe Breski, A%,,U?6 Esq., and gE,&,& sq., and , Esq., are appointed arbitrators in the above- captioned action as prayed for. B EC S 5 y / J. ` Distribution List: /J,Qe Breski, P. O. Box 433, Newburg, PA 17240 I. Anthony Adams, Esquire, 49 West Orange Street, Suite 3, Shippensburg, PA 17257 COP CUES' er a`t.ll cCL a?a?oq ?i _ ?,7-clC BR4:Fs? Plaintiff Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 06? - ?E/ Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitutio fthis Commonwealth and that we will discharge the duties of our office wi fidelity. Signature ^ gnaturc signs S 6ra Name (Chairman) Name' { Name Pe f?i ,r,V , 1/0# 001u &UFF/E -$AG /Q 14ri4c1-4CSAeAClaY%e1. Law Firm Law Firm Law Firm ?. e6T?'`. Sf ? 30/ iugeer -f%r y/y I9iiW .1 _. Address Address Address i2PA ia G4!FA40CZAJE A* /Ye4r am60rlmo 114 City, Zip City, ??- Zip City, Zip / 70 70 440053 7,3 ?Awwrrd /A47-2, 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.) "'r r . (Insert name if Date of Hearing: S - S --2627 [., Date of Award: ` 5?"-7 _-?? OCR %? lt??. - - (Chairman) f ?. ?y Notice of Entry of Award Now, the day of __,20e)? at Q. ?/ ? , A.M., the above award was entered upon the docket and notice thereof ben by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $_; 96,,06 By. % rothonotary Deputy O TIWQ)'TARY 2009 MAY I I AM 9: 12 ) COUNTY P NN&LVANIA ?r JOC . t ef.,s k,' ? s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ]OE BRESKI Plaintiff File No. 08-3514 Civil Term vs RICK SINGER, d/b/a/ SHIPPENSBURG HEATING Defendant : CIVIL ACTION - LAW NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that Rick Singer d/b/a/ Shippensburg Heating, Defendant appeals from the award of the board of arbitrators entered in this case on May 11, 2009. A jury trial IS NOT demanded. I hereby certify that the compensation of the arbitrators has been paid. H. ANTHONY ADAMS, ESQUIRE 49 West Orange Street Suite 3 Shippensburg, PA 17257 (717) 532-3270 25502 OF ?TitJOTtViY 289 JAI -5 P1412-- 22 P?YLVA?NA CU* Ch- 3 . a JOE BRESKI Plaintiff VS. RICK SINGER, d/b/a SBIPPENSBURG BEATING Defendant : IN TBE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA a? NO. 2MW-65@WCIVEL TERM CIVIL ACTION - LAW PRACEIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Andrew H. Shaw, Esquire as counsel of record for the Plaintiff. Date: 7 - BY Sup. Ct. ID No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 717-243-7135 .. , CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Praecipe to Enter Appearance, was served this date on the below named, by facsimile and by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: H. Anthony Adams, Esquire 49 West Orange Street, Suite 3 Shippensburg, PA 17257 Attorney for Defendant Date: P "'l-7- 0 Y OF T4- Fl? 2009 SEA' -2 P 2: 5 0 'i. r. PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? for JURY trial at the next term of civil court. ?X for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) JOE BRESKI, (Plaintiff) VS. (check one) ? Civil Action - Law MM Appeal from arbitration (other) The trial list will be called on and RICK SINGER,d/b/a SHIPPENSBURG HEATING, (Defendant) VS. Trials commence on Pretrials will be held on (Briefs are due S days before pretrials No. 08-3514 Civil Term Indicate the attorney who will try case for the party who files this praecipe: Andrew H. Shaw Indicate trial counsel for other parties if known: H. Anthony Adams This case is ready for trial. Signed: XAZ!?jC -V-T4 Andrew H. Shaw Print Name: T Plaintiff Date: ? ? v 0 Attorney for: CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Praecipe For Listing Case For Trial, was served this date on the below named, by facsimile and by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: H. Anthony Adams, Esquire 49 West Orange Street, Suite 3 Shippensburg, PA 17257 Attorney for Defendant Date: I /v ,,2 _D t OF THE MOM. ",,,'IIOTARY 2009 NOV -2 PM I : 4i PENN LVANA ?/l 14,?? ao ?J J?1 14 ?3t6 JOE BRESKI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW OS -35+ y RICK SINGER d/b/a NO.8S-3?t2 CIVIL SHIPPENSBURG HEATING, Defendant IN RE: CIVIL NONJURY TRIAL ORDER f AND NOW, this q- day of November, 2009, a pretrial conference in the above- captioned matter is set for Wednesday, December 9, 2009, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ? dew Shaw, Esquire For the Plaintiff /Anthony Adams, Esquire For the Defendant Court Administrator P(? ,;J :rlm ez -Pt ES i'r1?c ?4c-v Ffl.??_:??r3C? OF THE sPRC -,r -?;.'C? GARY 2009 NOV -5 PH 12: 08 CUM t. UNITY JOE BRESKI, Plaintiff vs. RICK SINGER d/b/a SHIPPENSBURG HEATING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.08-3 CIVIL IN RE: CIVIL NONJURY TRIAL ORDER AND NOW, this 4 ` day of December, 2009, following pretrial conference, trial without a jury is set for Thursday, February 18, 2010, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, ? Andrew Shaw, Esquire For? the Plaintiff ? H. FoAnthony Adams, Esquire For the Defendant Court Administrator :rlm - clor? rLucecL i?? FILEQ4)t-Fl,CE OF THE MOTHONOTARY 2009 DEC -9 PM 1: 29 i+iri+Ji..i C.«!°}e YU DoVC V PENi SYLV uaA?T JOE BRESKI, Plaintiff V RICK SINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-3514 CIVIL TERM IN RE: NONJURY TRIAL ORDER OF COURT AND NOW, this 18th day of February, 2010, following trial without a jury, we find in favor of the plaintiff and against the defendant in the amount of $1,890.56. By the Court, Andrew Shaw, Esquire For Plaintiff ./ H. Anthony Adams, Esquire For Defendant bbg ?-0 t ?S ?'naL '4/ 9 - Kevin Hess, J. '<' - c7, _ JOE BRESKI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND CO., PENNSYLVANIA V. NO. 0 8 - 3 514 CIVIL TERM RICK SINGER, d/b/a SHIPPENSBURG HEATING, Cy r7l Co C:) Defendant CIVIL ACTION - LAW j r° a ? r^ < PRAECIPE TO ENTER JUDGMENT W ?Y ?• A TO THE PROTHONOTARY: ° Please enter judgment in favor of the Plaintiff, Joe Breski, and against Defendant, Rick Singer, d/b/a Shippensburg Heating LLC, in accordance with the Order of Court signed by the Honorable Kevin A. Hess on February 18, 2010, a copy of which is attached hereto. i? ??E,q?tOv 8''D, SG Respectfully submitted, Dated: October" ? 2011 t? Joe eski, pro se 1 /410 0 C?h CERTIFICATE OF SERVICE AND NOW, this day of October, 2011, I hereby certify that I have served a copy of the foregoing on the following by depositing a true and correct copy of the same in the U. S. Mails, postage prepaid, addressed to: Rick Singer d/b/a Shippensburg Heating LLC 320 Roxbury Road Shippensburg, PA 17257 P 1 JOE BRESKI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW NO. 2008-3514 CIVIL TERM RICK SINGER, Defendant IN RE: NONJURY TRIAL ORDER OF COURT AND NOW, this 18th day of February, 2010, following trial without a jury, we find in favor of the plaintiff and against the defendant in the amount of $1,890.56. By the Court, Andrew Shaw, Esq uire For Plaintiff H. Anthony Adams, Esquire For Defendant :bg ?!? GS enaE Li, c CJ 7 f. '? c? 1 C Z ` W lL 1 i.L ? N U '41 -- Kevin Hess, J. '<' - U. o WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 2008-3514 Civil COUNTY OFCUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Joe Breski Plaintiff (s) From Rick Singer 320 Roxbury Rd. Shippensburg, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell All personal property, including vehicles, wherever located. 2 Chevy Vans (Shippensburg Heating) Toyota 1 4x4 Tundra w/cap YWE-8866. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$1,890.56 Interest Atty's Comm % Atty Paid $27.50 Plaintiff Paid 62.00 Date: DECEMBER 7, 2011 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs: Dav . Buell, Prothonotary By: Deputy REQUESTING PARTY: Name Joe Breski, Esq. Address: 217 Zion Road Newburg, PA 17240 Attorney for: PLAINTIFF Telephone: 717-385-9043 Supreme Court ID No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Confessed Judgment Plaintiff ? Other VS. File No. _ L 0 - "3.5 i wi L ! 1~ ?tti? Amount Due -- Defendant Interest Address: Atty's Comm ,r N -T Costs ?7 > G.- ? I 'i I P !' 1- IUD rs t.? 2 DTI ? H 11.E `?) : TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of _ 0- G IYl i?) E 2L IA County, for debt, interest and costs, upon the following described property of the defendant (s) 1' F? r1 1 c_ L -S ? f 1 L L P F_: vR r4 L_ PAC, PE fic.l2-_C'EP` L-oC-AT_E7'?. _2(?r1L.v t l ? U TV,v,V A PRAECIPE FOR ATTACHMENT EXECUTION 5' -issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lenQthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ?1z1111'h >',-'` 4 z"o M I ? (Indicate) Index this writ against the garnishee (s) as a lis pe against ?,al estate of the defen ,dant(s) d?Scribed in the attached exhibit. i Date Signature: Print Namel(.?? Address: ?2 Z 1 L? ?U ?C- b tZ Pry 1) VINlAlAsNUd Telephone: ONIJI?38Wr3 MOM V 3 ?(t Supreme Court ID No: NH, - SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson HL ED-UFF Ir'r` Sheriff 't° THE ro- }0T l1 L??'(! ONn fi r6???Yr Ot ?Jtitl?r?,f??? ..1 Jody S Smith " Chief Deputy 2012 JAN 12 AM 8:42 Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA, Joseph A Breski Case Number vs. 2008-3514 Rick Singer SHERIFF'S RETURN OF SERVICE 01/09/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $98.75 SO ANSWERS,] January 09, 2012 RbNWY- R ANDERSON, SHERIFF X76 'C. I.GUr' y i t? ,h2, r Tf' .?5u'T, Ia?C DISTRIBUTION PLAINTIFF WRIT NO. Joe Breski -'vs- Rick Singer Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 1 ,,890.56 27.50 62.00 $ 1,980.06 Sheriff's Costs: Docketing $ 18.00 Poundage 37.81 Law Library .50 Prothonotary 2.00 Service Mileage 20.00 Postage .44 Advertising Postpone Sale Bad Check Charge Surcharge 20.00 Garnishee Levy TOTAL $ 98.75 Defendant Paid to Sheriff Advance Costs Total Collected DISTRIBUTION Pd. To Pltff. $ Refund of Adv. Costs Sheriff's Costs 1980.06 150.00 98.75 $ 2,078.81 150.00 $ 2,228.81 So Answers: Ronny R. Anderson Sheriff Joe Breski 2008-3514 By WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 2008-3514 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Joe Breski Plaintiff (s) From Rick Singer 320 Roxbury Rd. Shippensburg, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell All personal property, including vehicles, wherever located. 2 Chevy Vans (Shippensburg Heating) Toyota 14x4 Tundra w/cap YWE-8866. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$1,890.56 Interest Atty's Comm % Atty Paid $27.50 Plaintiff Paid 62.00 Date: DECEMBER 7, 2011 (Seal) L.L.$.50 Due Prothy $2.00 Other Costs: ?zv Da uell, Pro onotary By: Deputy REQUESTING PARTY: Name Joe Breski, Esq. Address: 217 Zion Road Newburg, PA 17240 Attorney for.: PLAINTIFF Telephone: 717-385-9043 Supreme Court ID No. TRUE COPY FROM RECORD InTeeWnony wheel, I two unto set my hand Wnd the IW of said d Cariisle, Pa. This - -7 4* at 20 .- Prrothonot -N L'am' /?/ ` '4//Gv - ?w