HomeMy WebLinkAbout04-1914
':;CMMQNWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial Dislrict, County Of
NOTICE OF APPEAL
FROM
COMMON PLEAS No.04 -/q,L/
NOTICE OF APPEAL
DISTRICT JUSTICE JUDGMENT
(?;ulL'TEnn-
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.
This block will be signed ONLY when this notation is required under Pa.
RCP.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.
I MAG. DIST. NO. I NAME Of D.J.
(R-I-oJ-... R06e....1" V, MANlove.
CITY STATE ZIP CODE
ft.ec..~A--~\~<-~"-V/ (06I00d.;;4. 1l0,:;S-
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~IGNATURE OF APPELLANT OR AT/?/,NEY OR A~.~
~ -3j a-U-?:i:
If appeffan~# Claimant (see Pa. R!f/Vi). No. 101. in action
before a District Justice, A COMPLAINT MUST BE FI within twenty
NAME OF APPELLANT
(;' e..O "'<j~ L. VA<Z-Q U ~ 7_
ADDRESS OF APPEL.tf,NT
/01(, E. L/5b'wtJ RJ.
DATE:;;U;;~/NT 61 I'GE;::(~iot~A //tIJ
DOCKEI No_ I
Cv- {)ooo(J6'1'-u'i
(20) days after filing the NOTICE of APPEAL
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONL Y when appellant was DEFENDANT (see PaR. C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
A-/11-1J
/: vc?__tp D
6- V' e. CD.' It N V A- C> appellee(s), to file a complaint in this appeal
Name of appellea(s) {
C!.,u'J ~ 1thln twenty (20) days after service of ,ule or suffer entry of judgment of non pros.
T' G- .~ ~~tt, ap~"an~a :::,agen,
J.-" (J r'I- .. e-<
- t , appellee(s) . D v'
(Common Pleas No. CL/-/q/l../
RULE: To
AIA-J.J C Ve.CC
Nama of appellae(s)
(1) You are notified Ihat 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: D.r(UL~6'20L)l1
<--.
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YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312.02
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FilE COMPLAINT
MUST BE FILED WITHIN TEN DA YS AFTER fiiing of tflo notice dppedi Check applicaNt;. (Joxes
COMMONWEAL TH OF f'ENNSYLVANiA.
COUNTY OF
ss
AFFIDAVIT:
I hereby (swear) (affirm} that I sefv~d
a coPy of tho Notice of Appeal, Common Pleas No
(date of service)
.20
by persona; servio::
upon the Dlstnct Justice designated therein on
i)y (certified) ueqistered:l \1131'
sender's mceipt attached hereto, and upon the appellee, (name)
20
by personal service
by (certified) (registered) maiL
sender's
flHached herotc
(SWORN) (AFFIRMED) AND SUBSCRIBED BEEORE ME
THIS DAY OF ,20
Signature of official before whom affidavit was made
Title of'officia!
My commission expires on
,20
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-1-02
NOTICE OF JUDGMENTITRANSCRIPT
CIVIL CASE
PLAINTIFF: i NAME and ADDRESS
'GRECO, ALAN, ET AL. I
C/O PO BOX 2013
MECHANICSBURG, PA 17055-0710
L ~
Mag. Disl. No.:
OJ Name: Hon.
ROBERT V. MANLOVE
Add"" 1901 STATE STREET
CAMP HILL, PA
VS.
T,I'ph"" (717) 761-0583
17011-0000
DEFENDANT: NAME and ADDRESS
'vAZQUEZ, GEORGE I
1119 LISBURN RD
1ST CLASS BUILDING & RMDL
~CHANICSBURG, PA 17055 ~
Docket No.: cv- 0000064 - 04 ~...,_
Date Filed: 2/23/04 ~
GEORGE VAZQUEZ
1119 LISBURN RD
1ST CLASS BUILDING & RMDL
MECHANICSBURG, PA 17055
"
t
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THIS 15TO NOTIFY YOU TI1AT:
Judgment:
FOR PT,l\.TNTIFF
[i]
[i]
Judgment was entered for:
(Name)
C:R~(!(l, iIIT.i11l1T, ~'I' iIIT..
Judgment was entered against: (Name)
VA7.QUEZ, GEORGE
in the amount of $
" '>'lq _ '>0 on:
(Date of Judgment)
4/06/04
o Defendants are jointly and severaily liable.
o Damages will be assessed on'
o This case dismissed without prejudice.
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
$ 1,469.00
$ 70.50
$ _00
$ .00
$ 1,539_50
O Amount of Judgment Subject to
Attachment/42 Pa.C.S. ~ 8127 $
D Portion of Judgment for physical
damages arising out of residential
lease $
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 PROTHONOT ARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, 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 DISTRICT JUSTICE.
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 DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL. SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
4.~ fA- Date ~~9~ve ,/"";~::~'~iJ~~;:Justjce
I certify t~at this is a true a~.ndc :f;1c 'bOPYfi~~Oflh "proceedings conr~~.:;l:1_.~~~~e~t., . .
-+ . (cor:4- Date I/.; f ~I 'Ai _ ---..41 i ':.!:l ,Disfrlct\Juslice '.'
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My commission expires first Monday of January, 2006
AOPC 315-03
DATE PRINTED:
4/06/04
3:35:07 PM
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COM'MONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
JUdicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.04 -/q/Lf r!.'L)[LT8'2.YY-l
NOTICE OF APPEAL
Notice is 9iven that the appellant has filed in the above Court of Common Pleas an appeal fmm the judgment rendered by the District Justice on
the date and in the case referenced below.
V, 1"1,. N love...
STATE ZIP CODE
P~. /70S-S-
o
0000 a 6<-( - () 'i
This block will be signed ONLY when this notation is required under Pa.
RCP.D.J. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as a before a Districl~ Justice, A COMPLAINT MUST BE FI
SUPERSEDEAS to the judgment for possession in this case.
(20) days after liling Ihe NOTICE of APPEAL.
Signature of Pro/honotary 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 PaRCPD.J. No. toOI(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
A-IA-IJ
G' Ve..'" 0
U V' e.. Co D t I't N Y A- appellee(s). to file a complaint in this appeal
Name of appel/ee(s)
C!.'-u', l ~~thin twenty (20) days after se2lice of rule or suffer e: ;~Udgment of non pros.
A rt:'h
." G Signat
1"',6 jJ y'ppellee(~e.cO
v
(Common Pleas No. OLl - I q /4
RULE: To ---.AJ A- J.J G ve C. D
Name of appel/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 fiie a complaint within this lime, 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. /") C _. n. ~
Date: Aprw L;JD ,200l.f '---- Ud.-O./h.~~ Q .;?:!d:~
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSC~tIPT FORM WITH THIS NOTICE OF APPEAL.
Aope 312-02
COUR.T FILE
.
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (to) DA YS AFTER filing of Ihe notice of appeal. Check applic[jbla boxes!
~~~~~N::FE~;:;;J .5S
AFFIDAVIT: I hereby (swear) (affirm) that I served
o
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a copy of the Notice of Appeal, Common Pleas No. -1', upon the District Justice designated Hlorein cn
..
(date of service) ,5""- 't .20 (1'1' [!("by personal service by (certified) mall
sender's receipt attached hereto, and upon the appellee, (na:ne)
, on
5"-b
. 20 0 'f
by personal service
[B-by (certified) (registered) mall.
sender's receipt attached hereto,
(SWOR/l'N.) C/lFFIRMED) AND U,\l... SCRIBED BEFOR. E .ME
THIS 0 l'-'-DAY OF IJ Q.t...j 20 1l.<J .
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NOTARIAL SEAL
CLAUDIA A. BREWBAKER, NOTARY PUBLIC
Carlisle Boro, Cumberland Counly
My Com.mlsslon Expires April 4, 2005
AOPC 312A, 02
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U.S. Postal Service",
CERTIFIED MAil", RECEIPT
(Domestic Mail Only; No Insurance Coverage ProvIded)
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Postage $ n ,
Cortlfied Fee $:2..}l)
Rerum Reciept Fee $1.75
(Endorsement Required)
Restricted Delivery Fee $(1.00
(Endorsement Required)
Total Postage & Fees $ $~ .42
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Certified Mail Provides:
. A mailing rACBlpt (9SJ6AfJt;J) aom:: 9Unr '008& WJO.:l Sd
. A uniqu(~ identifier for your mailpiece
. A recorcJ 01 delivery kept by the Postal Service for two years
Imperrant Reminders:
. Centfle<! Mail may ONLY be combined with First-Class Mai~ or Priority Maile.
. Cenified Mail is lIot available for any class of international mail.
. NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please consider Insured or Registered Mail.
. Fot an additional fee, a Return Receipt may be requested to provide proof of
delivery. To obtain Return Receipt service, prease complete and attach a Return
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endolse rnailpiece "Return Receipt Requested". To receive a fee waiver for
a duplicate return receipt, a USPs. postmark on your Certified Mail receipt Is
required.
. For an additional fee, delivery may be restricted to the addressee or
addressee's authorized aflent. Advise the clerk or mark the mailpiece wlth the
endorsement "Restricted Deliveryu.
. If a postmark on the Certified Mail receipt is desired, please present the arti.
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT: Save this receipt and present II when making an inquiry.
Internet access 10 delivery informalion is not available on mail
addressed 10 APOs and FPOs.
SENDER: COMPLETE THIS SECTION
. Complete items 1,2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front if space permits.
1. Article Addressed ~
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2. Article Number
(Transfer from service label)
PS Form 3811. August 2001
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SECTION ON DEL/VERY
A. Signature
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~ 0 Addressee
8. C. Date of Delivery
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D. Is delivery address different from item 1? 0 Yes
If YES, enter delivery address below: 0 No
3.l}service Type
Certified Mail
Registered
o Insured Mail
o Express Mail
o Return Receipt for Merchandise
o C.O.D.
4. Restricted Delivery? (Extra Fee)
DYes
7003 2260 0002 1613 7064
Domestic Return Receipt
102595-01-M-0381
UNITED STATES POSTAL SERVICE
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Postage & Fees Paid
USPS
Permit No. G-10
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. Sender: Please print your name, addlEs,; a ld ZIP+4 in this box.
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.....
-
Benjamin D. Andreozzi, Esquire
Goldberg, Katzmml & Shipman, p.e
PO Box 1268
Harrisburg, I' A 17108-12(,8
717-234-4161
Attomeys for Plaintiffs
ALLEN GRECO and
TANYA GRECO,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, P A
Plaintiffs
: NO. 04-1914
v.
GEORGE L. VASQUEZ d/b/a
1" CLASS BUILDING AND
REMODELING,
: CIVIL ACTION - LAW
Defendant
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Benjamin D. Andreozzi, Esquire, of Goldberg,
Katzrnan & Shipman, P.c. on behalf of the Plaintiffs in the above-captioned rnatter.
GOLDBERG, KATZMAN & SHIPMAN, P.C
By:
1
/;;~
Benjamin D. An reozzi, .sqUlre
Attorney ID #8 271
PO Box 1268
Harrisburg, P A 1
717 -234-4161
Attorneys for Plaintiffs
Date: May 18, 2004
CERTIFICATE OF SERVICE
I HEREBY CERTI FY that I served a tme and correct copy of the foregoing
document upon all counsel of record by depositing the same in the United States Mail,
first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows:
Mr. Georege Vazlluez
1" Class Building & Remodeling
1119 Lisburn Road
Mechanicsburg, P A 17055
GOLDBERG, KATZMAN & SHIPMAN, P.c.
By:
Date: May 18, 2004
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Benjamin D. Andreozzi. Esquire
Goldberg, Katzman & Shipm;Ul, P.C
PO Box 1268
Harrisborg. PA 17108-1268
717-234-4161
Attomeys for Plaintiffs
ALAN GRECO and
TANYA GRECO,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, P A
Plaintiffs
: NO. 04-1914
v.
GEORGE L VASQUEZ d/b/a
1" CLASS BUILDING AND
REMODELING,
: CIVIL ACT]()N - LA\V
Defendant
COMPLAINT
AND NO\V, come Plaintiffs, Alan and Tanya Greco, by their attorneys,
Goldberg, Katzman & Shipman, P.c., who aver as follows:
1. Plaintiffs Alan and 'fanya Greco are a married couple who reside at 115
June Drive, Camp Hill, Cumberland County, Pennsylvania, 17Ull.
2. Defendant, George Vasquez is an adult individual who to all belief and
knowledge resides at 1119 Lisburn Road, Mechanicsburg, Cumberland County,
Pennsylvania, 17U55.
3. Defendant George Vasquez, through his business, 1" Class Building and
Remodeling 01erein after" 1" Class") is a contractor who performs home repairs.
4. Plaintiffs entered into a contract with Defendant on November 15, 2UU2
whereby Defendant agreed to perform certain repairs on Plaintiffs' roof
5. At all times relevant hereto, Defendant presented himself to Plaintiffs as an
individual capable and competent in performing roof repairs.
6. Plaintiffs entered an agreement with Defendant gIVen Defendant's
representations.
7. In November of 2002, Defendant began repairing Plaintiffs' roof
8. While in the process of repairs, Defendant negligently failed to cover
Plaintiffs' roof so as to prevent outside elements from damaging Plaintiffs' home.
9. In November of 2002, natural elements were allowed to enter Plaintiffs'
residence in the area where repairs were being performed by Defendant.
10. These elements caused certain damages to Plaintiffs' residence.
11. Defendant's failure to adequately cover Plaintiffs' roof while repairs were
being performed was the sole and proximate cause of these damages.
WHEREFORE, Plaintiffs' respectfully rel!Uest damages in the amount of
$1,469.00, thereby submitting this matter to compulsory arbitration.
GOLDBERG, KATZMAN &SHIPMAN, P.C
By:
f~/
////~"
Benja~in D, Andr~ozzi, Esquire
Attorney I #89271
PC) Box 1 68 /
IIarrisbur:, PA 7108-1268
717-234-41 )
Attorneys for Plaintiffs
Date: June 8, 2004
VERI FI CATION
We, Allen Greco and Tanya Greco, hereby acknowledge that we have read the
foregoing docurnent and that the facts stated therein are true and correct to the best of
our knowledge, information and belief.
We understand that any false statements herein are rnade subject to
penalties of 18 Pa. CS. Section 4904, relating to unsworn falsification to authorities.
!l~v.1~
L~
Date:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy of the foregoing
document upon all counsel of record by depositing the same in the United States Mail,
first class, postage prepaid, at Harrisburg. Pennsylvania, addressed as follows:
Mr. Georege Vazquez
1" Class Building & Remodeling
1119 Lisburn Road
Mechanicsburg, P A 17055
GOLDBERG, KATZMAN & SHIPMAN, P.C
By:
/:;h~
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Benjamin D. ndreozzi, Esquire
Date: June 8, 2004
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Thomas E. Brenner, Esquire
Goldberg Katzman, P.e.
PO Box 1268
Harrisburg, P A 17108-1268
717-234-4161
Attorneys for Plaintiff
ALAN GRECO and
TANYA GRECO,
: IN TIlE COURT OF COMMON PLEAS
:CUMBERLANDCOUNTY,PA
Plaintiffs
: NO. 04-1914
v.
GEORGE L. VASQUEZ d/b/a
1" CLASS BUILDING AND
REMODELING,
: CIVIL ACTION - LAW
Defendant
PRAECIPE TO ENTER JUDGMENT BY DEFAULT AGAINST
GEORGE V ASOUEZ d/b/a 1ST CLASS BUILDING AND REMODELING
TO TIlE PROTIlONOTARY:
Please enter judgment by default against George Vasquez d/b/ a 1" Class Building
and Remodeling for failure to respond to the Complaint A copy of the Ten-Day Notice
is attached hereto.
By:
GOLDBERG KATZMAN, P.e.
(1~J!~
------- .
Thomas E. Brenner, EsqUIre
Attorney ID #32085
PO Box 1268
Harrisburg, PA 17108-1268
Attorneys for Plaintiff
Date: July 27, 2004
Thomas E. Brenner, Esquire
Goldberg Katzm3n, P.e.
PO Box 1268
Harrisburg, P A 17108-1268
717-234-4161
Attorneys for Plamtiffs
ALAN GRECO and
TANYA GRECO,
: IN mE COURT OF COMMON PLEAS
:CUMBERLANDCOUNTY,PA
Plaintiffs
: NO. 04-1914
v.
GEORGE L VASQUEZ d/b/a
l't CLASS BUILDING AND
REMODELING,
: CIVIL ACTION - LAW
Defendant
TEN-DAY NOTICE OF TAKING DEFAULT
TO: Mr. Georege Vazquez
1119 Lisbum Road
I" Class Building & Remodeling
Mechanicsburg, P A 17055
DA1E OF NOTICE: July 15, 2004
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE
ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN
1EN DAYS FROM TIffi DA1E OF THIS NOTICE, A JUDGMENT MAY BE
EN1ERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE
YOUR PROPERTY OR OTI-ffiR IMPORTANT RIGIITS. YOU SHOULD TAKE
THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONETI-ffiOFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
GOLDBERG KATZMAN, P.e.
((l~,j71c---
By: ~
.
Thomas E. Brenner, Esquire
Attorney ID #32085
PO Box 1268
Harrisburg, P A 17108-1268
717-234-4161
Attorneys for Plaintiffs
Date: July 15, 2004
111986.1
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing document upon
the person and in the manner indicated below, which service satisfies the requirements
of the Pennsylvania Code, by depositing a copy of same in the United States mail, at
Harrisburg, Pennsylvania, with first-class postage, prepaid, as follows:
George Vasquez
1" Class Building & Remodeling
1119 Lisbum Road
Mechanicsburg, P A 17055
GOLDBERG KATZMAN, P.e.
B, ~ I1Z-
Date: July 27, 2004
112329.1
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Thomas E. Brenner, Esquire
Goldberg Katzman, P.e.
PO Bo. 1268
Harrisburg, PA 17108-1268
717-234-4161
Attorneys for Plaintiff
ALAN GRECO and
TANYA GRECO,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUN1Y, P A
Plaintiffs
: NO. 04-1914
v.
GEORGEL. VASQUEZ d/b/a
1" CLASS BUILDING AND
REMODELING,
: CIVIL ACTION -LAW
Defendant
AFFIDAVIT AS TO MILITARY SERVICE
To the best of my knowledge the Defendant in the above-captioned lawsuit is not
in the military service.
(~ \~~-
Thomas E. Brenner, Esquire
Sworn to and subscribed before me
this on<:>-lll day of July, 2004.
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Notary Public /
112331.1
I Notarial Seal
Glenda J. Ebe<8oIa, Notary Public
CiIy Of Harrisburg, D8Uplin County
My Convnission Expires Oct. 21, 2006
Member. Peonsl'lvania Associatbn Of Nola...
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Thomas E. Brenner,. Esquire
early J- Wismer, Esquire
Goldberg Katzman, P.c.
PO Box 1268
Harris burg, P A 17108-1268
717-234-4161
Attorneys for Plaintiff
ALAN GRECO and
TANYA GRECO,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, P A
Plaintiffs
: NO. 04-1914
v.
GEORGE L. VASQUEZ d/b/a
1 st CLASS BUILDING AND
REMODELING,
: CIVIL ACTION - LAW
Defendant
PETITION TO ASSESS DAMAGES
TO: George Vazquez
1 st Class Building and Remodeling
1016 Lisburn Road
Mechanicsburg, P A 17055
AND NOW, cornes the Plaintiffs, Alan Greco and Tanya Greco, by its
attorneys, Goldberg Katzman, P.e. who state:
1. This matter arises from damage caused to the Plaintiffs horne 10
November of 2002.
2. Defendant Vazquez d/b/a 1st Class Building and Remodeling
(hereinafter Defendant) failed to respond to the Complaint and Judgment by Default
was entered against him on July 28, 2004.
3. Requests for Admission containing copies of darnages incurred by
Plaintiff were served on or about February 1, 2005. Defendant has not responded to
the Request for Admission. (See Exhibit "A").
4. Pursuant to Pa.R.c.P. 4014(b), the Request for Admission are deemed
admirted as a timely response has not been flied.
5. Based upon these Admissions, Plaintiff requests that damages be
assessed on the Judgment in the amount of $ 1,469.00 (See Exhibit A to Request for
Admissions) .
WHEREFORE, Plaintiffs Alan Greco and Tanya Greco respectfully requests
that the Court issue a Rule upon Defendant George L. Vazquez d/b/a 1 st Class
Building and Remodeling to show cause why damages should not be assessed on the
Judgment entered against her in the amount of $1,469.00 together with the costs of
suit.
GOLDBERG KATZMAN, P.c.
By:
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Thomas E. Brenner, Esq.
Attorney LD. No. 32085
Carly J. Wismer, Esq.
Attorney LD. No. 92598
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Attorney for Plaintiff
Date: q (~( oj
Thomas E. Brenner, Esquire
Goldberg Katzman, P.c.
PO Box 1268
Harrisburg, PA 17108-1268
717-234-4161
Attorneys for Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLA:~D COUNTI, P A
ALAN GRECO and
TANYA GRECO,
Plaintiffs
: NO. 04-1914
v.
GEORGEL. VASQUEZ d/b/a
1" CLASS BUILDING AND
REMODELING,
: CIVIL ACTION - LAW
Defendant
REOUEST FOR ADMISSIONS
TO GEORGE L. V ASOUEZ d/b/a 1st CLASS BUILDING AND REMODELING
TO: George Vazquez
151 Class Building and Remodeling
1016 Lisburn Road
Mechanicsburg, P A 17055
PLEASE TAKE NOTICE that you are required, pursuant to the Pennsylvania Rules
of Civil Procedure, to serve upon the undersigned, within thirty (30) days from service
\
hereof, your answers to the Request for Admissions in writing and under oath.
Pursuant to Pa. R.C.P. 4014(b), you are required to set forth a verified answer or an
objection, to each matter of which an admission is requested, within thirty (30) days after
service of these Requests for Admissions. If objection is made, the reasons therefore shall
i EXHIBIT I
W A
J
be stated. The answer shall admit or deny the matter or set forth in detail the reasons why
the answering party cannot truthfully do so. A denial shall fairly meet the substance of the
requested admission, and when good faith requires that a party qualify his answer or deny
only a part of the matter of which an admission is requested, he shall specify so much of it
as is true and qualify or deny the remainder. An answering party may not give a lack of
information or knowledge as a reason for failure to admit or deny unless he states that he has
made reasonable inquiry and that the information known or readily obtainable by him is
insufficient to enable him to admit or deny. A party who considers that a matter of which an
admission has been requested presents a genuine issue for trial may not, on that ground alone,
object to the Request. He may, subject to the provisions of Rule 40 19( d), deny the matter or
set forth reasons why he cannot admit or deny it.
GOLDBERG KATZMAN, P.C.
Date: .2-\ \ \ 0;
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By: .A ~
Thomas E. Brenner, Esquire
Attorney ID #32085
PO Box 1268
Harrisburg, PA 17108-1268
717-234-4161
Attorney for Plaintiff
2
REOUEST FOR ADMISSIONS
1. The damages to the Plaintiffs property due to the Defendant's actions are in excess
of $1 ,469.00 (See Exhibit A).
ADMITTED
DENIED
3
03/23/2004
09:10
Claims Management System
Check Print
CSPP032B
Page: 1
Req: KLEIN ,E
-------------------------------------------------------------------------------
CHECK NO 06927918
eMS NO 1"927918
DATE 09/29/2003
Pay FIVE HUNDRED THIRTY-EIGHT AND 00/100
To The
Order
of
For
TANYA S GRECO &
ALAN T GRECO AND Operator
ROBERT SHETTLE SERVICES 265MOORE
115 JUNE DR
CAMP HILL PA 17011-5069 Claim
010170698264
$$$$$$$$538.00
Loss Date
1l/25/2002
Tax Id No
FINAL PAYMENT ($250 DEDUCTIBLE APPLIED)
DWELLING COVERAGE
WATER DAMAGE: GARAGE CEILING C
Cashed
10/20/2003
--------------------------------------------------------------------------------
-------------------------------------------------.------------------------------
CHECK NO 07226048
CMS NO G226048
DATE 12/09/2003
Pay SIX HUNDRED EIGHTY-ONE AND 00/100
To The
Order
of
For
TANYA S GRECO &
ALAN T GRECO
115 JUNE DR
CAMP HILL PA 17011-5069
$$$$$$$$681.00
Operator
265MOORE
Loss Date
1l/25/2002
Claim
010170698264
Tax Id No
FINAL PAYMENT
DWELLING COVERAGE
WATER DAMAGE: KITCHEN CEILING
C
Cashed
12/18/2003
-------------------------------------------------------------------------------
-----------------------------------------------------------------------
CHECK NO G484635
CMS NO G484635
DATE 02/20/2004
Pay SEVENTY AND 50/100
To The
Order
of
For
HONORABLE ROBERT V. MANLOVE
DISTRICT COURT # 09-1-02
1901 STATE STREET
CAMP HILL, PA 17011
$$$$$$$$$70.50
Operator
47GLINGENFE
Loss Date
1l/25/2002
Claim
010170698264
Tax Id No
FILING FEE
ALAN & TANYA GRECO VS GEORGE VARQUEZ
FIRST CLASS BUILDING & REMODELING
C
Cashed
02/26/2004
-------------------------------------------------------------
-------------------
"A"
. .
11(25/2003
12:54
Claims Management System
Check Print
CSPP032B
Page: 1
Req: GUILLEMETT,F
------------------------------------------------------------------------------
CHECK NO 06927918
CMS NO F927918
DATE 09/29/2003
Pay FIVE HUNDRED THIRTY-EIGHT AND 00/100
To The
Order
of
For
TANYA S GRECO &
ALAN T GRECO AND Operator
ROBERT SHETTLE SERVICES 265MOORE
115 JUNE DR
CAMP HILL PA 17011-5069 Claim
010170698264
$$$$$$$$538.0,
Loss Date
11/25/2002
Tax Id No
FINAL PAYMENT ($250 DEDUCTIBLE APPLIED)
DWELLING COVERAGE
WATER DAMAGE: GARAGE CEILING C
Cashed
10/20/2003
------------------------------------------------.-------------------------------
CERTIFICATE OF SERVICE
I hereby certifY that on this day a true and correct copy of the foregoing Request for
Admissions was served upon the following by depositing same into the United States Mail,
first class mail, postage pre-paid to:
George Vasquez
I s, Class Building and Remodeling
1016 Lisburn Road
Mechanicsburg, PA 17055
GOLDBERG KATZMAJ\T, P.C.
BY: CiCJg~
THOMAS E. BREmIER, ESQUIRE
Date: J-\I\o5
112661.1
CERTIFICATE OF SERVICE
I hereby certify that on this day a true and correct copy of the foregoing
Petition to Assess Damages was served upon the following by depositing same into
the United States Mail, first class mail, postage pre-paid to:
George Vazquez
1" Class Building and Remodeling
1016 Lisburn Road
Mechanicsburg, P A 17055
GOLDBERG KATZMAN, P.e.
BY
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ALAN GRECO and
TANYA GRECO,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, P A
Plaintiffs
: NO. 04-1914
v.
GEORGEL. VASQUEZ d/b/a
1" CLASS BUILDING AND
REMODELING,
: CIVIL ACTION - LAW
Defendant
RULE TO SHOW CAUSE
AND NOW, this
/ l,' day of Septernber, 2005, Dcfcndant is directcd to
show cause why damages should not be assessed on the Judgment against him.
BY TI-IE COURT:
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Rule returnable Z--O days from the date of service.
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CERTIFICATE OF SERVICE
I hereby certify that on this day a true and correct copy of the foregoing
Petition to Assess Damages was served upon the following by depositing same into
the United States Mail, first class mail, postage pre-paid to:
George Vazquez
1"' Class Building and Remodeling
1016 Lisburn Road
Mechanicsburg, P A 17055
GOLDBERG K.ATZMAN, P.e.
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BY ( . /\;'17'')l_l/~-~~____
---.-.- ..........-.
Thomas E. Brenner, Esquire
Date: November 14,2005
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND CO., PENNSYLVANIA
ALAN GRECO and TANYA
GRECO,
Plaintiffs
i'(;1
: NO. 04.f'111)
Vl.
GEORGE L. VASQUEZ d/b/a
1ST CLASS BUILDING AND
REMODELING,
CIVIL ACTION . LAW
Defendant
ORDER
AND NOW, this IS" day of November, 2005, based upon the Motion to
Make Rule Absolute, this Court directs that darnages in the amount of $1,469.00 be
awarded to Plaintiffs, Alan and Tanya Greco, and assessed against Defendant, George
L. Vazquez d/b/a 1 ~t Class Building and Remodeling.
BY THE COURT:
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