HomeMy WebLinkAbout09-6244G,PMM,"NWEALIM Ur rennaTLVtrkN1P+
COURT OF COMMON PLEAS
Judicial District, County Of
(lurl-4--,- )A,.JC)
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. Q g -- ?a
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
NAME OF APP LLANT MAG. DIST. NO. NAM OF D.J.
ae-d
ICI
d,,4-) Q --3- o
BAN S OF APPELLANT ?C?S E ZIP CODE
DATE OF JUDGME T IN THE CASE OF (Plaintiff) / /" ?) X100
?S?25G9 ur), e Iowd W, e JAG
C v - 01:9602-11 -6'? k
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(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 ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
/ J
Enter rule upon `J?ry I I VIV L44.0_d V a// ? N / aPPellee(s), to file a complaint in this appeal
Flame of appellees)
(Common Pleas No. within twenty (20) days afte ervice of rule or suffer a of non pros.
/ D Signature of appellant or attomey or agent
RULE: To ?V) appellee(s)
Name of appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: 206)<f7 "e-
Signature of Prothonota or Diputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT. I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on
(date of service) 20 , ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) , on
20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF .20
Signature of official before whom affidavit was made
Title of official
Signature of affiant
C.) o p
My commission expires on 20 -n
V ZaC C/3 rr r; M ? ?
''- _?
:ya?
C % M
O
O O
V
-----COMMONWEALTH OF PENNSYLVANIA
If rrhl wTv nF• CMMZRL1 W
Mag. Dist. No.:
09-3-01
MDJ Name: Hon.
IBAROLD E. SEEDER
Address: 35 N OR>AMGE ST
SHIPPZffSSDIitG, PA
Telephone: (717) 532-7676 17257-0361
SSETROM WRLDIMG
85 EDTZ RD
CARL1819L, PA 17015
THIS IS TO NOTIFY YOU THAT:
DZFAVLT JUDGII MT PLTF
Judgment:
® Judgment was entered for: (Name)
in the amount of $ 7, 2 6.0
NOTICE OFCJU?GCASE /TRANSCRIPT
PLAINTIFF: NAME and ADDRESS
l"CUMERLAMO VALLEY R=TAL
ill N KING ST
q]13:PP=qR=G, PA 17257
L
VS.
J
DEFENDANT: NAME and ADDRESS
I-Sasr>ito?r NXMIMG
85 KUTZ RD
CARLISEL, PA 17015
L J
Docket No.: CV-0000213-09 Ale".
Date Filed: 7/31/09
(Date of Judgment)
8/25/09
CMZRLalw VALLEY RMAL
® Judgment was entered against: (Name) 88ETROM WZLDIMG
Defendants are jointly and severally liable.
Damages will be assessed on Date & Time
FIThis case dismissed without prejudice.
Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127
Portion of Judgment for physical damages arising out of
residential lease $
Amount of Judgment
Judgment Costs
interest on Judgment
Attorney Fees
Total
Post Judgment Credits
Post Judgment Costs
$ 7,141.59
$ 134.58
$ .00
$ .00
$ 7,276.091
1 Certified Judgment Total $ _ 1
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
I Date
District
I 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
AOPC 315-07
DATE PRIMTEDs 8/25/09
, Magisterial District Judge
10501:00 AN
SEAL
OF THE
2009 SEP 25 All ! f : 29
rENi %
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWE TH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
a copy of the Notice of Appeal, Common PleasO7 4agq , upon the District Justice designated therein on
(date of service) q 174 , 20 0 T , 91 by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name)&"r? j)QeeW• &, on
2004,1 13 by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) %IFIRMED) AND SUBSCRIBED BEFORE ME
THI L? D F ' 1- , 20 e%l
Signature of affiant
0
Signature o 1i b ore w m affidavit wa ade
Title of official
My commission expires on 20
COMMONWEALTH OF PENNSYLVANIA
NOTSEAL- Public
KatLLaughlman, Notary Car, Cumberlan 26 u
20 2
M ex Tres July
CUMBERLAND VALLEY RENTAL,
PLAINTIFF
v.
SHETRON WELDING,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
: NO. 09-6244 CIVIL
Civil Action Law
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this Complaint
and Notice are served, by entering a written appearance personally or by attorney and
filing in writing with the court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money
claimed in the Complaint of 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
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
717-249-3166
Dated: I 6 ( C 1 6 1
By: ?n? jr,
SALZMANN HUGHES, . C.
George F. Douglas, III, Esquire
Supreme Court I.D. #61886
354 Alexander Spring Road, Suite 1
Carlisle, PA 17015
Phone: (717) 249-6333
Attorney for Plaintiff
CUMBERLAND VALLEY RENTAL,
PLAINTIFF
V.
SHETRON WELDING,
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
NO. 09-6244 CIVIL
Civil Action Law
COMPLAINT
AND NOW, comes the Plaintiff, Cumberland Valley Rental, by and through its
undersigned attorneys, Salzmann Hughes, P.C., and avers in support of its complaint
against Defendant as follows:
1. The Plaintiff, Cumberland Valley Rental, is a business located at 111 W. King
Street, Shippensburg, Cumberland County, Pennsylvania, 17257.
2. The Defendant, Shetron Welding, is a welding business with a place of
business located at 85 Kutz Road, Carlisle, Cumberland County,
Pennsylvania, 17015.
3. On March 17, 2009, the parties entered into a written contract with an
effective date of March 17, 2009 for the rental and cleaning of uniforms for
the employees of the defendant, Shetron Welding, in Carlisle, Pennsylvania.
A copy of the contract is attached hereto as Exhibit A.
4. The Defendant, Shetron Welding, breached the contract by refusing to submit
payment for services provided. A copy of the last statement submitted to the
defendant is attached hereto as Exhibit B.
5. As a result of the breach of contract by the defendant, Shetron Welding, the
Plaintiff, Cumberland Valley Rental, has sustained a loss for total damages in
the amount of $7,276.09, plus interest and costs.
WHEREFORE, Plaintiff claims of the Defendant the sum of $7,276.09, plus interest
and costs, an amount requiring compulsory referral to arbitration under the local
Rules of Court.
Respectfully Submitted,
SALZMANN HUGHES, P. C.
George F. Douglas, III,GEsquire
Attorney ID No. 61886
354 Alexander Spring Road, Suite 1
Carlisle, PA 17015
Phone: (717) 249-6333
Attorney for the Plaintiff
VERIFICATION
I verify that the statements made in the foregoing document are true and
correct. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities.
Cumberland Valley Rental
Colby A. R. Fry, ffic
CVR
ANDOCO, INC.
Corporate Apparel • Casual Apparel • Uniform Sales •
• Customized Embroidery •
P.O. BOX 329 111 WEST KING STREET
SHIPPENSBURG, PENNSYLVANIA 17257
PHONE: (717)532-7622
FAX: (717)530-1314
FILE .COPY
r
--_-Custower Name: 3hetwn's Welding
Delivery Address: 85 Kutz Road Phone: (717-776-4344)
Carlisle Pa 170131,F=()
Cwtomerg: 636
Route: Ron
Day Monday_
1' Del.: 5/1/2009
To be conpbted by CVR
No. of Wearers Item Description .
Quantty
WWeolddyredalch-plm,tare/
9 Uniforms 100% Cotton 11 sets $ 9.00
Is
$
Service fee- $6.00 par Juvrocc,
Cambedand Valley Rental (tbo "ConspasUP1 shall be tho emcloarn provider for rablllman portents and/ or other usaehumbse sernoes to the mdanigaed (Um "Costonce )
dmiog the tarm of tho cooked atthe prises and conditions oatlinod bebw: Tho C os6omrr castifios that this Contract doer not inA' S upon asycri contract betwoon the
Cmntamer and another m r, rental sonu . Ontomer ubwmiodges tbatbe Cau aay will be obligated to make a sobstanhol nwa t a t a vaikibrma and or merchandise to
fulfill Ibis spoommh, accordingly, tho term of this agreement"be 60 modhs fious the, Sot regalaly scholuled dolinsy of the items. This contract vM aa6omati rally reosw fiw
aceraivu periods of tho sumo km & mkas either party gives wnittma;otice of termination at but 90 days prior to the aapQation of the thus cmm- team. Upon each =and
amivenaty date of this contract, tho prices than is affect can antomatrcally inereaaa by five paoamt (M). Any additional items regaestod by the Costomor shallbe covaod by the
trans and conditions of this contract and be provided at the prices in eked on and giber the date of the receipt of tho order. The aggogate rental charge shall sever be mbxW to
tars d mm savaoty-liver powent cf tha original sowed written above daring the terms of this combat
Service Guumtep: The Company will strive to psovido dm bond gushy service at all limos; however, the Company is not liable at responsible fir dolay, iulorrop hos or
teommt ire of service doe to any canna beyond its reasonable cookoL In the event that daring tho tam of this agreemant (a any removal term) Customer has my complsints they
may, by cartfiod moil, address thousto the load manager of tba Company. Tha hihae of customer to notify Company in writing of any objection cc complaint within thirty days
after do oe caaesce of the ficts giving rise to any sock objection or complaint shall constitute a waiver of shah objoo6oa or complaint by Customer and shall not thatafiar be the
basis for cank at oormlarlsim. All Shirts Mat be Powhand a MOM sae t if Canceled!
Name Emblem Fee each Emblem Fee each n Fee each
N/C Customer Purchases N/C
Costs:
hens pack Item: shirts Item ]rem: Item Item:
cost 23.00 coat: 25.00 cask coat: cast cost:
The Comomer ffidpmdasds 1be gammmts provided by tba Company era sot came or acid rwrdank mmtau specified otbErv W.
If Use Customer has to comply with this Contract a if the Customer eke" to terminate it fix any reason Fria to the espintion of rte tams stmod abovq'We Customer will pay
Uta Compsoy as lig Option chargua, an antouot equal to forty percent of Use total regular weekly same or mkimun aggsegft rental charge as defined above mokipliod by the
mamba ofwab mmaimug in Uw cmraot term pbs any remhl uniforms not retuned to the Company or ralamed in a damagod fishion. In esf acing any tams of this apvmwn ,
the Customer shall pay any costa including reasonable attorney fen or arbitration has incurred by tho Company.
a
This Contract shalt be binding upon and shall comm to bmsfit of the personal reprosomb ives, acceaors, and snips of the respective parties hereto. This Cooked is eatise and
includes all andustandsop of the parties. No alterations, aamndmants a fetus ooderstaadmgs shall ba binding nolon redacod to writing and upod by both patio. The prim
signing an behalf of toe CostOner waaaols to the Company tut he/she has the sdherity and power to emcote this contract on behalf of the Cotomer.
L
Customer Cumberland Valley Rental.
S' signatrae
Prrd
Z/O
L ,)
Tite• ? Tate: i?
Date- EXHIBIT Date: _.O
A
a
uumoerlana valley Rental
111 West King Street
PO Box 329
ACCOUNT NO. STOPSt
MTV
SHET0636 MO.
6 DAY
30 YEAR
09
Sb i p p e n s b ur g., PA 17257 ALL CHARGES AND-CREDITS AFTER
717-532-76222 ABOVE DATE WILL BE INCLUDED IN
NEXT MONTHS STATEMENT.
SHETRON WELDING
85 KUTZ ROAD
LCARLISLE, PA 17015
AMOUNT ENCLOSED $
TO ASSURE CREDIT TO PROPER ACCOUNT PLEASE RETURN THIS HALF OF STATEMENT WITH YOUR CHECK
NOTIFY US OF ANY NAME OR ADDRESS CHANGE BY CORRECTING ABOVE.
REF: CHARGES CREDITS BALANCE
INVOICE
DATE INVOICE
NUMBER DESCRIPTION BALANCE FORWARD
5/225/09 236937 Invoice £1.55 25£4.40
.5/31/09 53109-6c .1 Finance charge 34.04 2598.44
6/01/09 237532 Invoice 60.36 2658.80
6/08/09 238069 Invoice 69.36 2728.16
6/15/09 2238607 Invoice 69.00 2797.16
6/222/09 239148 Invoice 69.00 22866.16
6/224/09
1 5002 Invoice 4161.60 7027.76
6/29/09 239685 Invoice 75.36 7103.122
6/30/09 3009-6! Finance charge 38.47 7141.59
HANK YOU
C UMBERLAND VALLEY RENTAL
CURRENT OVER 30 OVER 60
4577.19 295.13 32£.8£ 1942.41 7141.59
PLEASE PAY
THIS AMOUNT
EXHIBIT
B
Cumberland Valley Rental
111 West King'Street
PO Box 329
_-Shippensbur,g, PA 17257
717-5322-7622
SHETRON WELDING
85 KUTZ ROAD
LCARLISLE, PA 17015
ACCOUNT NO. STOP#
DATE
SHET0636 MO.
6 DAY
30 YEAR
09
ALL CHARGES AND CREDITS AFTER
ABOVE DATE WILL BE INCLUDED IN
NEXT MONTHS STATEMENT.
I AMOUNT ENCLOSED $
TO ASSURE CREDIT TO PROPER ACCOUNT PLEASE RETURN THIS HALF OF STATEMENT WITH YOUR CHECK
NOTIFY US OF ANY NAME OR ADDRESS CHANGE BY CORRECTING ABOVE.
REF: CHARGES CREDITS BALANCE
INVOICE
DATE INVOICE
NUMBER DESCRIPTION BALANCE FORWARD
2/02/09 2228118 Invoice 65.25 1375.89
2/09/09 228,658 Invoice 71.61 1447.50
2/16/09 229193 Invoice 71.61 1519.11
2/23/09 229736 Invoice 71.61 1590.72
3/02/09 230329 Invoice 71.61 1662.33
3/09/09 230866 Invoice 65.25 1727.58
3/16/09 2231406 Invoice 71.61 1799.19
3/23/09 231948 Invoice 65.25 1864.44
3/30/09 232484 Invoice 77.97 1942.41
4/06/09 2233083 Invoice 77.61 2020.02
4/13/09 233621 Invoice 71.25 2091.27
4/20/09 234181 Invoice 77.61 2168.88
4/27/09 234717 Invoice 71.25 2240.13
4/30/09 3009-6 Finance charge 29.14 2269.27
5/04/09 2235317 Invoice 71.25 2340.52
5/11/09 235852 Invoice 83.97 _ 2424.49
5/18/09 236398 Invoice 78.3E 2502.85
CURRENT OVER 30 OVER 60
1w
PLEASE PAY
THIS AMOUNT
Cumberland Valley Rental
iii West King Street
PO Box 329
_ Shippensburg, PA 172257
_ 717-532-7622
SHETRON WELDING
85 KUTZ ROAD
tCARLISLE, PA 17015
ACCOUNT NO. STOP#
SHET0636 MO.
6 DAY
30 YEAR
09
ALL CHARGES AND CREDITS AFTER
ABOVE DATE WILL BE INCLUDED IN
NEXT MONTHS STATEMENT.
AMOUNT ENCLOSED $
TO ASSURE CREDIT TO PROPER ACCOUNT PLEASE RETURN THIS HALF OF STATEMENT WITH YOUR CHECK
NOTIFY US OF ANY NAME OR ADDRESS CHANGE BY CORRECTING ABOVE.
REF:
REF: -----------
CHARGES ----------
CREDITS -
-
BALANCE 1
I
INVOICE INVOICE DESCRIPTION BALANCE FORWARD
DATE NUMBER
i
10/06/08 2218710 Invoice 77.61 77.61
10/13/08 2219257
1 Invoice 77.61 155.22'
10/20/08
1 2219811 Invoice 86.94 242.161
10/27/08 220358 Invoice 102.63 344.7911
11/03/08 220858 Invoice 77.61 422.40
11/10/08 221404 Invoice 71.25 493.65:
11/17/08
1 221957 Invoice 68.61 5622.26
11/24/08 222510 Invoice 77.61 639.87;
122/01/08 223118 Invoice 77.61 717.48
12/08/08 223659 Invoice 77.61 795.09
12/15/08 224204 Invoice 65.25 860.341
12/22/08 224751 Invoice 71.61 931.95' i
12/29/08 2252294 'Invoice 74.25 1006.20)
1/05/09 225892 Invoice 80.81 1086.811
1/12109 226435 Invoice 80.61 1167.4211
1/19/09 226982 Invoice 71.61 1239.03
1/26/09 227521 Invoice 71.61 1310.64'
CURRENT OVER V OVER 60
I
PLEASE PAY .?
THIS AMOUNT
i
I
Fil RD ?)F ICE
OF THE P?tTH."NOTARY
2009 OCT -7 AM 11' 4Z
?i`jY
Plaintiff
~`~ ~~' ~
Defendant
We do lemr
State and the
wit fidelity.
In The Court of Common Picas of Cumbcrland
County, Pennsylvania No.~- c~
Civil Action -Law.
Oath
swear (or affirm) that we will support, obey and defend the Constitution of the United
institution of this Commonwealth and that we will discharge the duties of our office
`"'
Name (Chairman)
~-
i~~~~ Lam, ~~~;~~5
Law Firm
~~~ ~ ~~-
dress
City, Zip
Signature
Name
Law Firm
Address
City, Zip
C~-
Signature .
Name
Law Firm
Address ~ p 13c7~, 4'~
,~, ®~ r 7~
City, Zip
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
~t
. Arbitrator,
Date of Hearing:_ -~allc
Date of Award: ~/ -~~~~,
name if
(Chairman)
Notice of Entry of A`vard
Now, the ~ day of Jt,c.. , 2Q: t ~^ ` ; at ~ :~~(~ , ~.M., the above award was
entered upon the docket and notice thereo given by~rial to th~'~artaes or their attorneys.
Arbitrators' compensation to be paid upon appeal; $~
c By' a
Prothonotary Deputy
201Q J~;L -7 ~r~ 8~ i8
CUtvi7:;:: _; ~ ~~Y
e, .
1. Q I F~.S I'Yl.a`t t (~
R,~~Y ~ .^~,~q !.~ s
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