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HomeMy WebLinkAbout00-05066IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Jeffrey S. Banzhoff dba Kitchen and Bath Renovations Plaintiff, VS. :No. ®®- -lO66 Chuck Lovendusky Defendant, 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 far 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 CANNONT AFFORD ONE, FO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Jeffrey S. Banzhoff dba Kitchen and Bath Renovations Plaintiff, VS. Chuck Lovendusky Defendant, No. CIVIL ACTION-LAW NOTICIA LES HAN DEMANDADO A USTED EN LA CORTE. Se usted guiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partit de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o per obogado y archhivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en copra de su persona. Sea avisado qui si usted no sos defiende, la corte tomarra immedidas y purde entrar usa orden contra usted sin previo aviso o notoficacion y pro cualquier queja o alivio que es pedido en la peticion de damanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDO A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERCICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICIAN CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SU PUEDE CONSEGUIRE ASISTENCIA LEGAL. Cumberland County Court Administrator One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Jeffrey S. Banzhoff dba Kitchen and Bath Renovations Plaintiff, vs. No. Chuck Lovendusky Defendant, CIVIL ACTION-LAW COMPLAINT AND NOW, COMES, the above-named Plaintiff by and through his attorney, William C. Felker, files this Complaint against the above-named Defendant, hereinafter sets forth the following: COUNT BREACH OF CONTRACT Plaintiff is an adult individual residing at 23 East Portland Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is an adult individual with last known addresses of 301 Westview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 and 6893 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025. 3. During the month of September 1999, Plaintiff and Defendant entered into a verbal contract whereby Plaintiff would assist Defendant in the installation of cabinetry at Key Stone Rail (hereinafter referred to as "job site"). 4. Defendant agreed to pay Plaintiff the sum of $25.00/hr. plus cost of material. Defendant was to purchase the majority of the materials, fabricate, modify and assemble the new cabinetry and remove all of the old cabinetry from the job site. 6. Plaintiff allowed Defendant the use of Plaintiff's shop for delivery and assembly of the cabinetry. 7. Upon the arrival of the materials, during the week of January 17, 2000, to Plaintiff's shop, Defendant and Plaintiff agreed that it would be easier and faster for Plaintiff and Plaintiff's helper Tim Sulliven (hereinafter referred to as "Tim") to do the fabrication, modification and assembling of the cabinetry and thereby entered into a verbal contract for such. Plaintiff and Defendant agreed that Plaintiff would be paid the sum of $25.00/hr. for the shop work plus cost of material, instead of Plaintiff s normal $35.00/hr. rate, and that Tim would be paid at the rate of $10.001hr. 9. On or about February 7, 2000, Defendant requested that Plaintiff provide Defendant with a truck and trailer and the use of Tim (at the rate of $10.00/hr.) to help in the removal of the old cabinetry from the job site. 10. Plaintiff disposed of (and paid the dump fees), for Defendant, the old cabinetry removed from the job site. 11. In order to complete the fabrication and assembly of the cabinetry, Plaintiff needed to purchase additional materials. 12. Defendant was aware and authorized the purchase of the materials. 13. Plaintiff and Tim fabricated, modified, assembled and installed all of the cabinetry and accessories for and at the job site. 14. On or about January 27, 2000, Defendant and Plaintiff entered into a verbal contract whereby Plaintiff and Tim would fabricate and install the countertops for the job site. 15. Plaintiff and Defendant agreed that Plaintiff would be paid the sum of $25.00/hr. for the countertop work plus cost of material, instead of Plaintiff's normal $35.00/hr. rate, and that Tim would be paid at the rate of $10.00/hr. 16. In order to fabricate and install the countertops, at the job site, Plaintiff needed to purchase materials. 17. Defendant was aware and authorized the purchase of the materials. 18. Plaintiff and Tim fabricated and installed all of the countertops at the job site. 19. On or about February 29, 2000, Plaintiff sent to Defendant an itemized bill (herein attached as Exhibit A) for $3,177.91. 20. During the month of March 2000, Plaintiff made several attempts to contact Defendant for payment. Defendant made no effort to respond to Plaintiff. 21. On March 22, 2000, Plaintiff went to a work site where Defendant was working. Defendant at that time paid Plaintiff the sum of $2,000.00 and informed Plaintiff that he would pay the balance upon the completion of Defendant's current job. 22. During the month of April 2000, Plaintiff made several attempts to contact Defendant for payment of balance. Defendant made no effort to respond to Plaintiff. 23. On April 26, 2000, Plaintiff met up with Defendant at CER Rentals. At that time Defendant informed Plaintiff that he would pay the balance the following Thursday. 24. On May 9, 2000, Plaintiff met Defendant at Defendant's girlfriend's house. At that time Defendant claimed that Plaintiff's work was poor and that things needed to be repaired. Also at that time Plaintiff informed Defendant that Plaintiff stands by his work and is willing to go and repair any mistakes. 25. On May 10, 2000, Plaintiff went to the job site to repair any mistakes. At that time Plaintiff was denied access. WHEREFORE, Plaintiff Jeffrey S. Banzhoff respectfully requests this Court to enter judgment against Defendant, Chuck Lovendusky, and award the sum of $1,177.91 for time and material, plus $82.50 for dumping of old cabinetry and countertops, plus $80.16 in interest together with costs of this action and such other relief as this Court shall deem just and proper. Date: July 17, 2000 Attorney for Plaintiff William C. Felker 67999 P.O. Box 1401 Camp Hill, PA 17001 (717) 571-5351 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: July 17, 2000 Je 0 y S anzhoff Invoice 23 East Portland Street Mechanicsburg, PA 17055 BILL TO Chuck lovendusky 301 Westview Mechanicsburg, PA 17055 DATE INVOICE # 2/29/2000 4 P.O. NO. TERMS Due on receipt DESCRIPTION RATE QUANTITY AMOUNT Jeff fabricate 25.00 21 525.00 Tim fabricate and install 10.00 72.25 722.50 Jeff install 25.00 43.75 1,09175 pulls 20.43 20.43 locks 36.63 36.63 hinges 167.44 167.44 label frames 33.18 33.18 trash pull outs 233.20 23120 flake, laminate 400.89 400.89 33.71 33.71 catch elbows 23.68 23.68 Total Reimbursable Expenses 949.16 hinge plates, catch elbows 42.50 1 42.50 labor -35.00 2 -70.00 Thank you for your business. Total $3,177.91 1it1111V1t, rl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Jeffrey S. Banzhoff dba Kitchen and Bath Renovations Plaintiff, vs. : No. Chuck Lovendusky CIVIL ACTION-LAW Defendant, CERTIFICATE OF SERVICE I hereby certify, that on the date set forth below, a true and correct copy of the foregoing Complaint was served upon the party listed below via first class, United States Mail, postage prepaid. Chuck Lovendusky 301 Westview Drive Mechanicsburg, Pennsylvania 17055 Date: A1? Leto Wm. C. Felker Attorney for Plaintiff 67999 P.O. Box 1401 Camp Hill, PA 17001 CUNNINGHAM & CHERNICOFF, P.C. JORDAN D. CUNNINGHAM ATTORNEYS AT LAW ROBERT E. CHERNICOFF 2320 NORTH SECOND STREET MARC W. WITZIC P.O. BOX 60457 HENRY W. VAN ECK JULIE A.McCONAHY HARRISBURG, PENNSYLVANIA 17106-0457 TELEPHONE (717) 238-6570 March 29, 2001 Stephanie E. Chertok, Esquire 61 West Louther Street Carlisle, PA 17013-2936 VIA TELECOPIER - 249-4514 AND U.S. FIRST-CLASS MAIL Re: Banzhoff v. Lovendusky Dear Stephanie: HERSHEY TELEPHONE (717) 534-2833 IRS NO. 23-2274135 FAX (717) 2384809 I was in trial this morning when you called. I was advised that you thought I was going to provide instructions to you as concerns the Stipulation which I forwarded to you. It would be my suggestion simply to have the Board of Arbitrators sign an Award placing the Award as the quoted language within the Praecipe and then adding as per Stipulation of parties and attached the Stipulation to your Award. If you have questions regarding this matter, please do not hesitate to contact me. Very trul D. JDC/bam 0a/04 CHUCK LO'VENDUSKY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLYAlvi : NO. 00-5066 Clvm TERM NOTICE OF ertDt BY BOARD OF -ARBITRATORS Please take notice that the arbitrators appointed in the above-captioned action will sit for the purpose of their appointment on Monday. Aorii 2, 2001 at 9 00 a .m at 61 W lputher St Carlisle, Pennsylvania, at which time you may appear with your respective clients and witnesses t,) present such evidence and testimony as you may have in this case. Date: March 15, 2001 TO: William Felker, Esq. PO Box 1401 Camp Hill, PA 17001 Chuck Lovendusky 301 Weatview Dr, Mechanicsburg, PA 17055 Corm Administrator Ctunbcrland County Courthouse One Courthouse Square Carlisle, PA 17013 Jason Kutulakis, Esquire Arbitrator Christopher Ma=cco, Esquire Arbitrat*West BY: ok, Esquire her Street Carlisle, PA 17013 Chairman, Board of Arbitrators JEFFREY S. BANZHOFF Plaintiff V. CHUCK LOVENDUSKY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-5066 CIVIL TERM NOTICE OF FEARING BY BOARD OF ARBITRATORS Please take notice that the arbitrators appointed in the above-captioned action will sit for - the purpose of their appointment on Wednesday. March 7. 2001 at 9:00 a.m. at 61 W. Louther St. Carlisle. Pennsylvania at which time you may appear with your respective clients and witnesses to present such evidence and testimony as you may have in this case. Jason Kutulakis, Esquire Arbitrator Date: February 15, 2001 TO: William Felker, Esq. PO Box 1401 Camp Hill, PA 17001 Chuck Lovendusky 301 Westview Dr. Mechanicsburg, PA 17055 Court Administrator ° Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Christopher Marzzacco, Esquire Arbitra4Eherto By: ire Stephatk Esqu 61 West Louther Street Carlisle, PA 17013 Chairman, Board of Arbitrators Jeffrey S. Banzhoff dba Kitchen and Bath Renovations Plaintiff, vs. Chuck Lovendusky Defendant, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 00-5066 CIVIL ACTION-LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE SAID JUDGES OF SAID COURT: William C. Felker, counsel for Plaintiff in the above action, respectfully represents that: The above-captioned matter is at issue. The claim of Plaintiff is $1,340.57. The following attorneys are interested in the case as counsel or otherwise disqualified to sit as arbitrators: None that Plaintiff's counsel is aware of. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. 7pectfully su mi ed, William C. Felker P.O. Box 1401 Camp Hill, PA 17001 (717) 571-5351 ORDER OF COURT AND NOW, rge!?000, in consideration of the foregoing petition, c?iccl?i (?f'rr/ Esq., Esq., and w 4it a'&es $sq., are appointed arbitrators in the above-captioned action as prayed for. jlj ijuvv J'v,t;Li,t..?: PENNSYL` ANNIP% i r Jeffrey S. Banzhoff dba Kitchen and Bath Renovations Plaintiff vs. No. 00-5066 Chuck Lovendusky Defendant Civil Action-Law I, Chuck Lovendusky, wish to defend against the claim of Breach of Contract filed against me by Jeffrey S. Banzhoff. COUNT-BREACH OF CONTRACT Re: Statement No. 3 During the month of September 1999, Plaintiff and Defendant entered into a verbal contract whereby Plaintiff would assist Defendant in the fabrication and installation of cabinetry at Keystone Rail (hereinafter referred to as `Job site'). Re: Statement No. 4 Defendant never agreed to pay Plaintiff the sum of $25.00/hr. plus cost of material. Re: Statement No. 5 Defendant did purchase the cabinetry and materials. Plaintiff had already done the fabrication of the cabinets before a verbal agreement of the cost to install cabinetry was agreed to. At the September meeting, the Defendant did agree to remove cabinetry from the job site. Re: Statement No. 6 Plaintiff suggested to Defendant that the cabinets could be delivered to his shop because heilad the space to accept the delivery. : Statement No. 7 It was agreed by the Plaintiff and Defendant that upon the delivery of the cabinets the Plaintiff and Plaintiff's helper Tim Sullivan would do the fabrication, modification, assembling in addition to the installation of the cabinetry and thereby entered into a verbal agreement. Plaintiff and Defendant agreed at this meeting that the costs to the Defendant for fabrication modification, assembling of cabinets and installation would be $2,000.00 i Re: Statement No. 8 Defendant never agreed that Plaintiff would be paid the sum of $25.00/hr. or that his helper Tim would be paid $10.00/hr. for the shop work plus cost of material. The agreed to amount for the entire job was $2,000.00. Re: Statement No. 9 Plaintiff suggested to Defendant that he, the Plaintiff, remove old cabinetry from the job site because he bad a friend that could use the old cabinets. Defendant agreed to permit Plaintiff to remove cabinetry from job site. Re: Statement No. 10 Plaintiff requested old cabinetry for a friend, never mentioned taking old cabinetry to dump. Some of the old cabinetry is hanging in the Plaintiff's shop. Re: Statement No. 11 On January 17, 2000 when a verbal agreement of $2,000.00 was reached by the Defendant and Plaintiff, Defendant requested at that meeting that the Plaintiff inform him of any additional costs above and beyond the $2,000.00 that may be incurred so the Defendant could make the decision whether he wanted the Plaintiff to proceed. The Defendant's contract with Keystone Rail was a fixed price bid, the Defendant was very concerned about any additional costs that could be incurred to complete the contract. Re: Statement No. 12 Defendant was not informed by the Plaintiff that additional costs had been incurred. Re: Statement No. 13 The verbal agreement reached on January 17, 2000 was to fabricate, modify, assemble and install all of the cabinetry and accessories for and at the job site. Re: Statement No. 14 The verbal agreement reached on January 17, 2000 for $2000.00 included Plaintiff and Tim fabricating and installing the countertops for the job site. Re: Statement No. 15 Defendant never agreed to pay the sum of $25.00/hr for the countertop work plus cost of material and never agreed to pay Tim at the rate of $10.00/hr. The verbal agreement for $2,000.00 included the Plaintiff's fabrication and installation of cabinetry. Re: Statement No. 16 Defendant was never informed of additional cost to purchase materials for installation of countertops. Re: Statement No. 17 Defendant was never informed of additional costs for materials. Re: Statement No. 18 Plaintiff and Tim as agreed to verbally on January 17, 2000 did install all of the countertops at the job site. Re: Statement No. 19 On or about February 29, 2000 the Plaintiff sent to Defendant a bill for $3,177.91. $1,177.91 more than the $2,000.00 agreed to verbally on January 17, 2000. Re: Statement No. 20-21-22 Defendant did not respond to Plaintiff because Defendant had already paid Plaintiff the agreed to amount of $2,000.00. Defendant does not recall meeting Plaintiff at CER Rentals on April 26, 2000. Re: Statement No. 24 The Plaintiff did come to Defendant friend's home on May 9, 2000. Plaintiff was told by Defendant that Keystone Rail had called the Defendant to come make repairs on the cabinetry that was installed by Plaintiff. The drawer facings were falling o$ the cabinet doors were hung crooked. Keystone requested Defendant to make these repairs as they felt Plaintiffs work was substandard. At that time the Plaintiff became highly irritated upsetting the minor children that were there and was asked to leave. Re: Statement No. 25 On May 10, 2000 the Plaintiff was denied access to the secured job site. The Plaintiff however did gain access via an employee on break at a back door of building. Plaintiffs purpose in gaining access to the job site was to photograph the Plaintiffs cabinet installation. After photos were taken, he then approached the office manager of Keystone Rail offering to make fix the drawer facings and cabinet doors. The office manager told the Plaintiff the Defendant would make the repairs and was asked to leave. Jeff Banzhoff was paid the $2,000.00, the verbally agreed to amount for fabrication, modification, assembling and installation of the cabinetry. The Plaintiff did not reimburse Defendant for the $500.00 it cost Defendant to repair faulty cabinet installation. WHEREFORE, Defendant Chuck Lovendusky respectfully requests this Court deny the judgment against him in the sum of $1,177.92 for time and material, plus $82.50 for dumping of old cabinetry and countertops, plus $80.16 in interest together with costs of this action_ Dated: August 14, 2000 o MM m n I c J P; zz; 3 am {l ? .. ?.: T. A ? I C D - { NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS 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 District Justice on the date and in the case mentioned below. JP-W% S }JCry c?- I Qg- -3-or ADDRESS OF APPEL ANT CRY / SSTTATE ZP CO?D^E ;(3 Ec5+ PbrTlc+L Si, j"lacL.4nRCs )aJr 1sl ,?OJ? DATE OF JUDGMENT IN THE CASE OF (Mak#W) (Cefmdantl ?S a?©^Q'V .?(' 1 S ?4?L21e.d? K ChVCiS )-OV?tC?tYS(Sl( CLAM1 NO SIGNATURE OF AFPELIANT OR HIS ATTORNEY OR AGSM Cv 19 O000 1Y7 -e6 J LT 19 This block will be signed ONLY when this notation is required under Pa. R.C.P.JA Na If appellant was CLAIMANT (See Pa. R.C.P.J.P. No. 1008& This Notice of Appeal, when received by the District Justice; will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case. FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deuutv 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.JP. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No Name of agoellee(s) appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. appellant or his ahomey or agent RULE: To Name of appellpe(s) appellee(s). (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the dale 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. (3) The date of service of this rule if service was by mail is the date of mailing. 19 sigwtum of Rofhanotary or Deputy AOPC 312-M COURT FILE TO BE FILED WITH PROTHONOTARY s PROOF OF SERVICE OF NOTICE OF APPEAL AND 13181.E TO FILE COMPLAINT (This proof of service MUST BE FILED W?THIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COAMN IONWEAUrH OF PENNSYLVANIA COUNTY OF ®..- ; as AFFIDAVIT: I hereby swear or affirm that I served ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) E by personal service [ by (certified) (registered) mall, sender's receipt attached hereto, and upon the appellee, (name) , on 19_- E by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. ? and further that I served the Ruleto File a Complaint accompanying theabove Noticeof Appeal upon theappellee(s) towhorn the Rule was addressed on 19E) by personal service El by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF Signature of ofpclai before whom affidavit was made Titre of OrWixi My commission expires on 19- Signature of affiant C Q 0 7 ?1 z c. s ` E:J i f7 _n T) Cl YC rri 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF• CUMBERLAND No.: 09-3-05 DJ Name: Hon. .. . GAYLE A. ELDER Address: 507 N. YORK ST. MECHANICSBURG, PA Telephone: (717) 766-4575 17055 NOTICE OF JUDGMENT/TRANSCRfPT PLAINTIFF: CIVIL CASE NAME and ADDRESS rBANZHOFF, JEFFREY S 23 EAST PORTLAND STREET MECHANICSBURG, PA 17055 L J VS. DEFENDANT: NAME and ADDRESS FLOVENDUSKY, CHUCK 301 WESTVIEW DRIVE MECHANICSBURG, PA 17055 JEFFREY S. BANZHOFF L J 23 EAST PORTLAND STREET Docket No.: CV-0000147-00 MECHANICSBURG, PA 17055 Date Filed: 5/16/00:,. W THIS IS TO NOTIFY YOU THAT: Judgment: - FOR PT.ATNTIFF ® Judgment was entered for: (Name) RANggnFF, TgyFRRV G ® Judgment was entered against: (Name) T.OVENDIISxY, cHUCx in the amount of $ R02 - 06 on: Defendants are jointly and severally liable. F Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Levy is stayed for_ days or E] generally stayed. 0 Objection to levy has been filed and hearing will be held: (Date of Judgment) 612( 00 (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Certified Judgment Total Date: Place: Time: 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 JUDGMENTLTRANSCRITIT FORM WITH YOUR NOTICE OF APPEAL. ?l'te I certify that this is a true and correct copy of ??ate - c.r = (- Y _L , District Justice ?f the prptedin the judgment. ((?` District Justice My commission expires first Monday of January, 2006 SEAL AOPC 315-99 COMMONWEALTH OF, PENNSYLVANIA JUDICIAL DISTRICT FROM DISTRICT JUSTICEJUDGMENT / -1q,oU COMMON PLEAS No ? • Wa NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below leiryS Pavtib I NC?9'M3 ?0S" Ap?^p1RE550FgPPELLAM A J - CRY HATE ZAP CODE eA cy't F''0 r'rlcN Ci,.. r?,'?, )"1 a.c4sCn Ic (FSJ+ ! A ) !©1, .. DATE OF JUDGMENT IN THE CASE OF (MatrtiH) (Defaidarfl 6"'oZo-0() a)eWr" S F?4na14?+ ,s Chou is (-overA40y(1y, CV 19 Q O4 ©I (? ©t5 LT 19 I his block- will be signed UNLT when this notation is required under ra. K.L..r.Jr. rvo. It appellant Was GLAIMAN I (See Ya. H.G.HJ:Y. NO. 1008B. - This Notice of Appeal, when received by the District, Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDERS to the,judgment for possession in this case. FILE A COMPLAINT within twenty (20) days after filing his 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 ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. 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 (Commorn,,Pleas-Nu RUM To- of appeflpefs) appellee(s). of appeNant or his attorney or agent (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. (3) The date of service of this rule if service was by mail is the date of nailing. Date: - , 19_. Signmure of Prothonotary or s AOPC 312-86 appellee(s), to file a complaint in this appeal of appeAws) _) within twenty (20) days after service of rule or suffer entry of judgment of non pros COURT FILE, aY. _ _ asa. ?u,aswr?wrz y? PROOF OF SERVICE OF NOTICE OF APPEAL AND STILE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY CIF ?.y+.?ge``Cw.L• y gg AFFIDAVIT- I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. C4° S066 UV= ), upon the District Justice designated therein on (date of service) , 7- ao - 9000- Rby personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) r l.. k Lbw. d+hcy?_® on - ; 19 O by personal service @-by(e lf?ied -- registered) mail, sender's receipt attached hereto. ? and furtherthatlservedtheRuletoFileaComplaintaccompanyingt a above Notice of Appeal upon theappeliee(s)towhom the Rule was addressed on , 19- ? by personal service D by (certified) (registered) mail, sender's receipt attached hereto. -? SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF "t3.?000 / Signature of affiant Signature of official before who ftdavit was made l?lo4c.Py r?•7??2- rare of orrciat NOTARIAL SEAL i?et OC MARK A. GFININ, Notary Public My commission expires on Camp Mill Bore, Cumberland County - My Commission Expires Dec. 22, 2003 Cr j Co 11 ?QVLa /?4S'?y qor I.c?C VE' Postage $ 33 Certified Fee Return Receipt Fee ?` estrna?(/L i (Endorsement Required) I'Ll / - ` Here fl/r "1 IJ?p 4 C3 Restricted Delivery Fee J1 T E:3 ' (Endorsement Ch Requiretl) L• llO L - Total Postage 8 Fees I Xr- 0 ?- Recipient's Name rP/ease Pdnf C/early) (it d b markrJ 0 1 Street, A,q iv . PD Boe vo , 4 F4 ?10 C] city stare. zfP+s - - ---- -- - 7 --- -C 4.:a < ILI- CJ 100 K- 11 cw.A (L 2eMVMn avA5 ) .rs . ) C%L)cy- t ? ??Sk ) D ari-? In The Court of Common Pleas of `A Cumberland County, Pennsylvania .s` NO. DO - S50Wo OATS We do solemnly swear (or affirm) thac we will support, obev and defend the Constitution of the United States and the Constitution of this Common- wealth and that we will discharge the duties of our o?fice with fidelity. /Z0 a?y? I 4-!S h I' 'We, the undersigned arbitrators, having been duly appointed aad sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Arbitrator, dissents applicable.) Date of Aeariag:H 2 01 Date of Award: 42.1,) ) (Insert name i_° NOTICE OF ENT: :tow, the qfk day of P at o7: P.11.1 award was entered upon the docket and notice thereof given by mail parties or their attorneys. Arbitrators` compensation to be paid upon appeal: $ J90, o6 the above to the ?- 2601 12:27 x-23-2801 I V 34 P.02/e4 J$FPR$Y S. ?r d/bAL XITCMW AND PM n Plaintiff v. C=CX LOVIMWWRY. Defendant Ili' am COAT OF CONS Plan 90. 00 - 5066 {C=T.Lj CZm A=Cx - L3?t8 AND now, Comes the Plaintift, defftey S. Hanzhoff, d/b/a Ritchey and Bath' ISMevatioas, by and through his couaael. William C. Felker; BuTaise, and. the Defendant, Chuck Lovenduaky, by Sad throagn his counsel, Cunningham Cr cbernicoffj P.C., abo enter into the following stipulation to be utilized and incorporated into au Arbitrators, Award as follows -. sudgeeat ist faros Of the Plaintiff, Jaffrey S. Haazhaff, d/b/A x1tcbem and Rath Aen"Arione, and against the Daghhdaut, Chick Lavendusky, in the amount of One %%ousaad Wo MmUed sixty and 41/100 Dollars ($1,260.#1), together with costs and interest. 'LL.? A?.G•Jil9 797OgC.G17A7S .. P q9 vsz .. FiR _?-3091 12 28 P. W/04 If I f' t /- ni WIMMSS, the parties I xwapeative counsel have e"cuted this stipulation, this Data : a-3- dap of Marck, 2001. ' E3iam C. Felker, Sbquiro P. O. BOX 87999 CaM till, PA 17001 (Att*3.m y for plaintiff, Jeffrey B: Sansho£f, dfbla/ Zitchea and Sath 7Renovatione) f Date: U/ b1\dOCS\stipu12t\1oVaVA" Z . 95% P.:31 2320 North Second Stye®t F. 0. am 60457 8 rs3SBUrq, PA 17106-0457 (Attesns" tar Defendant, Chuck ldrnendu"T) Aut?d 0' - (-, C- ?: C) ?- i" C, rl) O ? J f? ? ( (0 u Tr- i" JEFFREY S. BANZHOFF, Plaintiff V. CHUCK LOVENDUSKY, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5066 CIVIL TERM CIVIL ACTION - LAW PRAECIPE Please mark the above captioned matter as settled and discontinued. Respectfully submitted, Date: 67`9-1?7,2 O©l By: illiam Felker, Esquire P. 0. Box 1401 Camp Hill, PA 17001 (Attorneys for Plaintiff) CD C3 -n Vm CT ?