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Home My WebLink About01-0104CO~Md~NWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL /:ROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT /,'y-/ NOTICE OF APPEAL Notice is given that the appe/iant has filed in the abo~,~ Court of Common Pleas an appeal from the judgment rendered by the Distr/ct Justice an the date and in the case mentioned bela~ This block will be signed ONLY w~en this notation is required under Pa. R.CJa. JJ=. N~ 1008B. This Notice of Appeal, when received by the District Justice. will operate as a SUPERSEDEAS to the judgment for possessic~ in this cas~ Signature of Prothonotary or Deputy If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1 O01 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAEClPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This sect/on of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in act/on before DisO-/ct Justice. IF NOT USED, detach from copy of notice of appeal to be sen/ed upon appellee). PRAECIPE: To Pro~ Enter rule /. . appellee(s), to file a complaint iff this appeal ) within twenty (20) days after service of rule or suffer e.try of judgment of mm ~ RULE: To J/~/.//'~:z 7 ////~'-//~ alee(s). (1) You are notified that o rule is hereby entered upon you to ~ a complaint in this appeal within twenty (20) cloys after the (:late of service of this rule upon you by personal service or by ce~ifieci or mgist~:l mail (2) If you do not file a complaint w/thin this time. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) ThedateofserviceofthisruleifservicewasbymaJlisthedateofmai~J ~ ' COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT ( Th~ proo~ o! s~'w';e ,~.4US~' ~E t. Ef~ WtT~-I,~ TEN (IO) DA~ A~TE~ ~ lng th~ nc~ce of ep~ea Ch~c~ ;~pp ~c~b e bo~o~ COMMONWEALTH OF PENN~YLV~N~ COUNTY OF 3~ AFFiDAViT; he ~y swear Or ~ff[rm ha~ i served (dat~ o~ s~Wce) ~ by persona servcg ~} bv ,'erred (e stored m~, se~de~s }ids ...... BAY O: ...... } COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag Dis[ NO 09-3-04 DJ Name Hen THoMAs A. PLACEY Address 104 S. SPORTING HILL RD. MECHANI CSBURG, PA ~pho~e:(717) 761-8230 17050 DANNY SHAI~ROCK DBA SHAHROCK~SONRY 1115 WILHELM KD. HARRISBURG, PA 17111 NOTICE OF JUDGMENT/TRANSCRIP'I' CIVIL CASE PLAiNTiFF: NAM~ and ADDRESS f-DAVID T, LITTLE D/B/A PAVEMASTERS 509 COLONY RD CAMP HILL, P~ 17011 t - VS. DEFENDANT NAME and ADDRESS FDANNY SHAMROCK DBA SHAMROCK MASONR~ 1115 WILHE[,~4 RD. HARRISBURG, PA 17111 Docket No:, CV-0000384-00 [ ~ Date Filed: 10/05/00 THIS IS TO NOTIFY YOU THAT: Judgment: ~ Judgment was entered for: (Name) ~] Judgment was entered against: (Name) in the amount of $ 924.50 on: (Date of Judgment) 12/0'7/N0 ~ Defendants are iointiy and severally liable. ~] Damages will be assessed on: Amount of Judgment $ 850 o O0 74.50 Judgment Costs r:~ Interest on Judgme~'~, 75 :-, .00 ~This case dismissed without prejudice. Attorney Fees -'::, :-$ ' · O0 Total :;:~$ 19~4.50 E:] Amount of Judgment Subject to c Attachment/Act 5 of 1996 $ _ Post Judgment C?b~lits Post Judgment C0~I;§: :- '$ [] Levy is stayed for days or ~-~ generally stayed. : ~ -: Certified Judgmen:~Tota~$ '~ ~ Objection to levy has been filed and hearing wiJJ be held: Date: Place; (Date & Time) Time: , ..! { ,.%. ANY PARTY HAS THE RIGHT TO APPEAL WITHIN~,~0 DAYS AFTE~ THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/~LE.~ OF_IHE COURT. OF COMMON PLEAS, CIVIL DIVISION. YOU MUSI INCLUDE A COPY OF THIS N~TICEIoF JUDGMENT/TRANSCRII~T FORM WITH YOUR NOTICE OF A~PEAL --'I '~ "l~ ~.~.)_ Date t /-~ ..... ~, District Justice I certify that this is a true and corr)BCt Cope(of fh~ i~-iord ~f the proceedings cont~h~g the judgment ~, *,~L"~ (,/t) Date --'I - .//'''~ ' -' , District Justice My commission expires first Monday of January, " 2004 SEAL AOPC 315-99 COMMONWitALTH OF PENHSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM JUDiCiAL DESTKICT DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL ~tice is gi~ ~ ~ a~d~nt ~s fi~ in t~ a~ Co~t of Com~ ~s an a~al from the judgment ~d by t~ Distr~ Justice This block will be signed ONLY when this ~ototien is required under Po. R.CJ~.J.P. Na 1008& This Notice of Appeal, when received by the District Justice, will ap ~eyate as o SUPERSEDEAS to the judgment fo~ possess/on in this cas~ Signature of Prothonotary or Deputy If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. ' PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fora3 to be used ONLY when appel/ant was DEFEND~NtT~ee t::~a. R.C.P,J.P. No. lOOI (7) in act/onE, before D/strict juS~be. IF NOT USED, de~ach from copy o~ notice of appeal to. be sen*ed Ul3f~i~pellee).: ~ PRAECIPE: To Proth°~tary / /// ~ appellee(s), to file a complaint in this appeal of ) within twenty (20)'days after service of rule o~ suffer entry of judgment of nee //. S~ature of a~oe//an~ ~ h/s attorney or agen~ Name of appe//e~s)// (1) You are notified that a rule is hereby enteeed upon you to file a c~int in fhis appeal wilton twenty {20) days after the date of service of this rule upon you by persc~al service o~ by certified or regis~ed mail. {2) If you do ~p~ht~withln this time a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. · (3) The ~>~:serv,ce ~ ~s rule >r,~wce was by mad ,s the date of madi//cl.'~ a ~ * , , COURT FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND, RULE TO F~LE COA,~PLAJNT COk ~ Notarial Seat 'l'amle R. Hershey, Notary Public DIIIdaurli Boro, York Cbunty My Colllml~slon Expires Jan. 20, 2004 0i/~61200i DAVID T. LITTLE d/b/a/, : IN THE COURT of COMMON PLEAS PAVEMASTERS, : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA : v. : NO. 01 - 104 CIVIL : DANIEL P. MESCALL d/b/a : SHAMROCK MASONRY, : CIVIL ACTION - ARBITRATION Defendant : 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 is served, by entering a written appearance personally or by attorney and by filing in writing with the Cou~ your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the ease may proceed without you and a judgmem may be entered against you by the Court without further notice for the money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights 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 COURT ADMINISTRATOR FLOOR 3A, CUMBERLAND COUNNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 171013 (717)240-6200 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, ustcd tiene viente (20) dias de plazo al partir de la £eche de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona. Sea avisado que si usted no se defiende, la corte tomara medias y puede entrar una orden contra usted sin previo aviso o notitieacion y pot eualquier quaja o alivio que es perdido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABADAGO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EO DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCR1TA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY COURT ADMINISTRATOR'S OFFICE FLOOR 3A CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 DAVID T. LITTLE d/b/a PAVEMASTERS, Plaintiff DANIEL P. MESCALL d/b/a SHAMROCK MASONRY IN TFIE COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 01- 104 CIVIL CIVIL ACTION - ARBITRATION Complaint AND NOW this 5th day of February, 2001 comes PlaintiffDAVID T. LITTLE d/b/a/PAVEMASTERS, by and through his attorney, John M. Glace, Esquire, and presents this Complaint and, in support thereof, avers the following: 1. PlaintiffPAVEMASTERS is a sole proprietorship and is operated and solely controlled by PlaintiffDAV1D T. LITTLE and whose chief business address is 509 Colony Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant SHAMROCK MASONRY is, upon knowledge and belief, a business operated and solely controlled by Defendant DANIEL P. MESCALL and whose chief business address is 1115 Wilhelm Road, Harrisburg, Dauphin County, Pennsylvania 17111. 3. Defendant was hired on a date prior to September, 2000 to pave the driveway, install a wall and related services at 13 Hazelwood Path, Mechanicsburg ( Hampden Township) Cumberland Coumy, Pennsylvania 17055. That residential property is owned by Carl Wigging, tun. 4. Defendant thereafter sought a paving subcontractor to pave the actual driveway area and contacted Plaintiff's secretary about provision of such service. 5. Plaintiff, in response to Defendant's telephone inquiry, met Defendant at the Hazelwood Path job site and agreed by handshake to pave the driveway for $1,700.00 and the Defendant tendered to Plaintiffhis personal check for $850.00 with the $850.00 balance due upon completion of the aforesaid subconcontract. Plaintiffagreed to use the stone gravel, both 2A Modified and No. 4, already purchased by Defendant and at the site to prep the driveway prior to paving and Plaintiff further agreed to pay for paving asphalt ( 3 inches of No. 2 Wearing course) fi.om his fee. 6. Plaintiff, along with four (4) employees, appeared at the job site and, after eight (8) hours work, fully completed the aforesaid subcontract in a professional and workmanlike manner. Defendant was presem at the job site for only the first hour as the stone gravel base was applied. 7. After contacting Defendant, the night afrer completion of the aforesaid subcontract, Plaintiffwas given instructions to report the next day to a job site in the D'fllsburg area to receive final payment. Plaintiff was unable to locate said Dillsburg job site, 8. Thereat~er, Plaintiff never saw the Defendant again personally. Plaimiff contacted Defendant on at least three (3) separate occasions by telephone. Defendant refused to tender and continues to refuse to tender the aforesaid final payment. 9. Such refusal to tender the final payment constitutes a breach of contract. 10. Defendant's continuing refusal has been imentional and without legal justification. 11~ Plaintiffs has incurred consequential costs in prosecution of this action including filing and service fees arising from the prosecution of this action at the District Justice level and service of this Complaint. WHEREFORE, PlaintiffDAVID T. LITTLE d/b/a PAVEMASTERS demands judgment against Defendant SHAMROCK d/b/a DANIEL P. MESCALL in the mount of $850.00 plus costs of prosecution and imerest from the date of contract completion, said mount not exceeding the limit for compulsory arbitration by local rule of The Court of Common Pleas of Cumberland County~ Respectfully submitted; The Law OfficesflKllohn M. Glace / 132-134 ~al~ut Street Harrisbuq~p'A 17101-1612 (717) 238-56~15)//Telefax (717) 238-6929 Supreme Court ID: 23933 Counsel for Plaintiff VEP, IFICATION The Undersigned hereby verifies that the facts averred in the foregoing Complaint are true and correct to the best of his knowledge, information, and belie£ This verification is made subject to the penalties of 18 Pa. C.S.A., Section 4904 relafmg to unswom falsification to authorities. February 5, 2001 David T. Little Date Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Ralph G McAllister Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania : LITTLE DAVID T vs County ofDauphin : MESCALL DANIEL P Sheriff's Return No. 0388-T - - -2001 OTHER COUNTY NO. 01-104 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, search and inquiry for MESCALL DANIEL P D/B/A SHAMROCK MASONRY that I made diligent the DEFENDANT named in the within NOTICE & COMPLAINT IN CIVIL ACTION and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, February 20, 2001 NEED A BETTER ADDRESS. PROPERTY AT 1115 WILHELM RD., NBG APPEARS VACANT INSIDE. LOOKS LIKE SOMEONE IS BRINGING LOTS OF KIDS TOYS ON THE PROPERTY. AS PER POST OFFICE NOTHING ON FILE. Sworn and subscribed to before me this 20TH day of FEBRUARY, 2001 PROTHONOTARY So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs: $30.50 PD 02/08/2001 RCPT NO 146207 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-00104 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LITTLE DAVID T ET AL VS SHAMROCK DAMNY ET AL R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , MESCALL DANIEL P D/B/A SHAMROCK MASONRY but was unable to locate Him in his bailiwick. deputized the sheriff of DAUPHIN County, serve the within COMPLAINT & NOTICE , Sheriff er Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, to On March 1st , 2001 attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 DEP. DAUPHIN CO 30.50 .00 67.50 03/01/2001 DAVID T. LITTLE Sworn and subscribed to before me this ~? day A.D. Prothonot arg this office was in receipt of the SO answ~ /~.~ ~// Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, ?ennsylvania David T. Little, d/b/a Pavemasters VS. Daniel P. Mescall, d/b/a Shamrock Masonry HO. 01-104 Civil Now, 2 / 5 / 01 ,20 O O, I, SHERIFF OF CUMBERLAND COI/NTY, PA., do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service ]q'OW~ within ,20 , at o'clock __ M. served the upon by handing to and made lmown to copy of the original the contems tlner~of. So ans~Jers, Sworn and subscribed before me this __ day of ;20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT