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HomeMy WebLinkAbout01-0851JOHN T. STANDLEY and ANNIE STANDLEY, husband and wife, Plaintiffs MARK RENDE t/a MARK RENDE PAINTING, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 5: 1 : CWIL ACTION - LAW : ARBITRATION NOTICE YOU HAVE BEEN SUED 1N COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17043 (717) 249-3166 JOHN T. STANDLEY and ANNIE STANDLEY, husband and wife, Plaintiffs : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. MARK RENDE t/a MARK RENDE PAINTING, Defendant CIVIL ACTION - LAW : ARBITRATION NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted Debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo a viso o notificacion, y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA D1RECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17043 (717) 249-3166 JOHN T. STANDLEY and ANNiE STANDLEY, husband and wife, Plaintiffs MARK RENDE t/a MARK RENDE PAINTING, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW (ASSUMPSIT) : ARBITRATION COMPLAINT COME NOW the Plaintiffs, John T. Standley and Annie Standley, husband and wife, by and through their attorneys, Caldwell & Kearns, and file the within Complaint and in support thereof aver the following: 1. Plaintiff, John T. Standley, is an adult individual residing at 2849 Myrtle Drive, Mechanicsburg, Pennsylvania 17055. 2. Plaintiff, Annie Standley, is an adult individual residing at 2849 Myrtle Drive, Mechanicsburg, Pennsylvania 17055. 3. Defendant, Mark Rende t/a Mark Rende Painting, is an adult individual with a business address of 64 Meadowbrook Court, New Cumberland, Pennsylvania 17070. 4. On August 2, 2000, Defendant Rende offered to paint designated interior areas of the Standleys' home in exchange for compensation of Fourteen Thousand One Hundred Twenty ($14,120.00) Dollars. 10. On the aforesaid date, the Standleys accepted Defendant Rende's offer. A true and correct copy of the August 2, 2000 contract is attached hereto, and incorporated herein, and marked as Exhibit "A". Said contract instructed that the sums due under its temps would be remitted by the Standleys in three separate installments, in the manner provided as follows: one-third (1/3) payment at execution of the contract; one-third (1/3) payment at fifty percent (50%) completion of the designated work; and, the balance to be paid upon completion of the project. See (Exhibit "A".) Payments pursuant to the contract terms were staggered to ensure that Defendant Rende possessed sufficient funds to purchase the required paint and supplies. Pursuant to the contract terms, the Standleys remitted payment to Defendant Rende in the amount of Four Thousand Seven Hundred ($4,700.00) Dollars on August 2, 2000, the date of execution. In addition to the written contact language, which did not contain an integration clause, Defendant Rende verbally promised that the work would be completed by the close of September, 2000. Defendant Rende commenced painting in several rooms; however, as of early September 2000, only one room had been fully completed. 11. 12. 13. 14. 15. 16. 17. Despite the slow pace of work, Defendant Rende did, on September 7, 2000, request that Annie Standley remit to him an additional $2,350.00, which purportedly was to finance the pumhase of additional supplies. On the aforementioned date, Defendant Rende had not completed one-third (1/3) of the work for which the parties had contracted, and accordingly, he was not entitled to receipt of any additional funds under the terms of the contract. Nevertheless, the Standleys agreed to advance Defendant Rende the requested $2,350.00 in exchange for the latter's promise to devote his full time and effort to the house until the rooms on the top floor were completed. Subsequent to September 7, 2000, however, Defendant Rende did not, in fact, return to the Standley's home to complete the work for which the parties had contracted. At the close of September, 2000, the project remained less then one-third (1/3) complete. The Standleys, dissatisfied with Defendant Rende's poor to non-existent service, requested that he agree to terminate the contract and to repay the advanced sums, less the fees he had earned. On October 17, 2000, Defendant Rende and the Standleys agreed to terminate the parties' mutual obligations under the August 2, 2000 contract. A true and correct copy of the October 17, 2000 A~'eement is attached hereto, and incorporated herein, and marked as Exhibit "B". 18. Said Agreement provided further, in pertinent part: That Defendant Rende owed John and Annie Standley Four Thousand One Hundred and Fifty Dollars ($4,150.00);t That Defendant Rende would make every possible effort to repay the entire amount by November 15, 2000; That no interest would accrue on any amounts which were repaid by November 15, 2000; See (Exhibit "B".) 19. That a ten percent (10%) penalty would be assessed upon the outstanding balance as of November 16, 2000; 20. That Defendant Rende would, subsequent to November 15, 2000, owe the Standleys an additional amount, reflecting interest on the balance owed at a rate of twelve percent (12%) per annum; and That if Defendant Rende failed to remit the entirety of the sums owed to the Standleys by January 15, 2001, the Standleys would be free to pursue whatever legal rights they had available, as against Defendant Rende. The Standleys paid out $7,050.00 to Defendant Rende prior to cancellation of the contract. The parties determined that Defendant Rende earned $2,380.00 for the benefit which he had bestowed upon the Standleys, which sum was deducted from the $7,050.00 figure. t Due to a calculation error, the amount recited was incorrect. The correct amount owed is actually $4,200.00. 4 21. Defendant Rende also remitted $200.00 to the Standleys on October 17, 2000, upon execution of the Agreement, which was sum was also deducted from the $7,050.00 figure. 22. The Standleys also purchased the remaining unused paint from Defendant Rende for $270.00, which sum was also deducted from the $7,050.00 figure. 23. Subsequent to execution of the October 17, 2000 Agreement, but prior to November 15, 2000, Defendant Rende further remitted payment of $150.00 to the. Standleys, which sum was also deducted from the $7,050.00 figure. 24. On November 16, 2000, Defendant Rende owed the Standleys $4,050.00, in principal. 25. As of November 16, 2000, Defendant Rende has incurred the ten percent (10%) late fee provided for by the Agreement of October 17, 2000 and is subject to interest accrual at the twelve percent (12%) rate so designated. 26. As of the date this Complaint was filed, Defendant Rende has failed to remit any further payments to the Standleys. 27. Defendant Rende is in breach of his contractual obligations under the October 17, 2000 Agreement, and pursuant to that Agreement, the Standleys may now pursue the appropriate remedies at law to remedy Defendant Rende's breach. WHEREFORE, Plaintiffs, John T. Standley and Annie Standley, demand judgment against Defendant Mark Rende t/a Mark Rende Painting, in the amount of $4,455.00 (which sum represents the principal owed under the October 17, 2000 Agreement, less appropriate credits, plus the ten percent (10%) late fee) together with interest at the agreed upon rate of twelve percent (12%), and costs, attorneys' fees and any other remedy that this Honorable Court deems just and appropriate. Dated: 00722/19059 Respectfully submitted, CALDWELL & KEARNS Attorney ID# 27115 Douglas E. Herman, Esquire Attorney ID# 86569 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiffs, John T. and Annie Standley VERIFICATION We, John T. Standley and Annie Standley, verify that the averments in the foregoing Complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C,S. §4904, relating to unswom falsification to authorities. Date: 2/8/01 John T. Standley Date: 2/8/01 Annie Standley Exhibit A {717}-774-7755{717}379-3646 Mark Re, m:le Painting 64 Meadowbm~ Court New Camberla~l PA 17070 Ctl~tog0L'~ Mr. &M~s. Standley 2849 Myrtle Drive Mechanicsburg PA. 17055 Numbex Job Location Mr. & Mrs. Standley 2849 Myrtle Drive Mechanicsburg PA. 17055 Contact Office Residence Mr. & ~ Standley 214~8857 766-5660 Dcscri~on Int~ior Painting: Areas to be Painted all interior doom all closets all windows master bedroom,ceAling,walls,wo~mork master bath,ceiling, walls,woodwork spare ~edroom,ceiling,walls~ woedwork hall ~,remov¢ res~ c~ waBgapex,remove wall tile, ceiling ~alls,woodwork guest roora,ceiling, walls,woodwork Jake's room,ceilingwoodwork laundry room,ceilingwatls,wcodwork hallway ,ceiling. wails,woodwork,wallpaper to stay foyer,cei[ingowalls,slap faces,sp'm~les, tivingroora,ceil~ng~walls,woodwoflc, 2 book shelves office~ceiling, wo~dwo~k dimug room,remove wallpal~x,ceiling, walls,woodwork,2 book shelves Cell {717}-774-7755{717}379~3646 Mark Reasdg Painting 64 M~dowbrook Court New Cmnb~dand PA 17070 Mr. & M~ Standl~y 2849 M}a~le Drive /vlecha~csbllrg PA. 17055 lavoice Nun~r Date Job Location Mr.&Mrs. Smadley 2849 Myltle Driv~ Meclmnicsburg PA. 17055 1009 08/02~00 Page 2 of 3 {Conta~ Mr. & Mrs. Standl~y 214-8857 Resickmce 766-566O Descril~ion butlers panty ,ceiling, walls, woodwork powder room, ceiling,woodwork hallway,ceiling,walls, woodwork guest bedroom,remove wallpaper,c~iling~,walls,woodwork balhroom, remove border, ceilings,walls,woodwork mud room,c~ilinggwalls,woodwork diB~t,~iling, wall~,woodwolk stait~ay,ceilin~wall~,woodwork,splndal$,step fac~ den,wall~,wo~d~odr~lx~l~elves staimay to baseane~t,ceRingwalla,woodwork weight roon~walls,woodv~rk bathroom, walls, woodwork kitckea,wal~wooa~n~ cabmt s main basement ~walls,woo~ork,b~okshelves,seat cabnits 6 window shutters total P~ce Includes: all paint and supplies to complete work to~ tn~ work on al/areas to be l~inted Cell Amount {717}-774-7755{717}379-3646 Mark Reade Painting 64 Meado~ Corox Ncxv Cuml~land PA 17070 C~tom~r 2849 My~c Drive ~~ P~ I~55 Invoice ~umt~ Job Location Mr. & Mrs. Standley 2849 Myale Drive Mechanicsburg PA 17055 1009 08/02100 Page3 of 3 Comact Ol~cc Mr. &M~ Standley 214-8857 Descrip~on Resideace Cell 766-5660 Fax Tearms: 1/3 down, 1/3 towards 50% completion,balance at completion 14,120.00 Amount Paid 4,700.00 Amount Due 9,420°00 TOTAL $14,120.00 Exhibit B 1, Mark Rende, owe John and Annie Standley four thousand one hundred and fit~y dollars ($4,150.00). I owe this money because 1 agreed to terminate my painting contract number E 103 with John and Annie dated August 2, 2000 and I am unable to repay to them the unearned portion oftbe deposit ($4,150.00 unearned of the $7,050.00 deposit) they paid me under the August 2,2000 contract. I, Mark Rande, will repay the entire $4,150.00 as quickly as I can and I will make every possible effort to repay the entire mount by November 15, 2000. I understand that the mounts I received from John and Annie were a deposit for a job that was not completed. 1 further understand that John and Annie do not want to lend me money, but I am unable to repay the unearned deposit at this time. Accordingly, John and Annie have agreed to let me repay them by November 15, 2000. John and Annie have agreed not to charge me interest on any amounts I repay by November 15, 2000. If on November 16, 2000, any balance remains outstanding, I, Mark Rende, will pay John and Annie Standley a penalty of 10% of the outstanding balance on that date. I will owe John and Annie Standley interest on any unpaid amount as of November 16,2000 and thereafter (including any penalty amounts) at an annual interest rote of 12% that will accrue each day on any unpaid amount until all amounts owed under this letter agreement are repaid. An example of how the penalty will be calculated and interest accrued is attached to this letter. If any amounts remain unpaid by me as of January 15, 2001, then John and Annie Standley will be free to pursue whatever legal fights they have against me for not repaying the amounts owed and John and Annie may be entitled to additional amounts for legal fees and damages. Interest will continue to accrue on the unpaid amounts until all amounts, including interest and penalties, are repaid by me to John and Annie Stundley. By signing below I agree to the terms of this letter. MarkRende Date /O//¢/O~ SHERIFF'S RETURN CASE NO: 2001-00851 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STANDLEY JOHN T ET AL VS RENDE MARK ET AL - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT RENDE MARK but was unable to locate Him deputized the sheriff of YORK Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On March 2nd , 2001 attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep. York Co 18.00 9.00 10.00 67.33 .00 104.33 03/02/2001 CALDWELL & KEARNS Sworn and subscribed to before me this ~ ~ day of ~/~ A. D. Prothonotary ' this office was in receipt of the SO answers~ /.q~2 /.~33~ Sheriff of Cumberland County SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-00851 P COMMONWEALTH OF PENNSYLVANIA.: COUNTY OF CUMBERLAND STANDLEY JOHN T ET AL VS RENDE MARK ET AL Thomas Kline duly sworn according to law, says, that he and inquiry for the within named DEFENDANT Sheriff or Deputy Sheriff who being made a diligent search and , to wit: RENDE MARK, T/A MARK RENDE but was unable to locate Him deputized the sheriff of YORK PAINTING in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On March 2nd , 2001 , attached return from YORK Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 03/02/2001 CALDWELL & KEARNS Sworn and subscribed to before me this ~ ~ day of ~ A.D. Prothonotary this office was in receipt of the So answe~: ~ ~ ~ R.' Thomas Kline~ Sheriff of Cumberland County ( I of_~) COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET S'E, YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ John T. Stand3ey , et. al. 3. DEFENDANT/S/ SERVE SERVICE CALL (717) 771-9601 PLEASE TYpE:oNLY LINES 1 TO12 AT 7. INDICATE SERVICE: [3 PERSONAL [3 PERSON IN CHARGE ~'DEPUTIZE C um~¢~[ ~1~ r~ 1 ST CLASS MAIL [3 POSTED NOW 7. / 1 4 / 0 1 19 ___ I, SI:I'ERIFF OF ~34~Y-.~D~.I'J~Y, ~ do hereby d.el~atj~ the sheriff of York COUNTY to ex.~~]~ke r.~l~l~q~ according to aw. This deputation being made at the request and risk of the plaintiff. ~ ~";"~ ~",,'Y ~,-w, 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumber ! a nd 2. COURT NUMBER 01-851 Civil 4. TYPE OF WRIT OR COMPLAINT Notice & Complaint Hark Re. nde,, t/a Mark Rende Painting in Arbitration 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD ~NXXXX~N~X~ Marke Rende, ~PXX~X'A~x~[4~O~'X~ 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., ClT~, BORO, TWR, STATE AND ZiP CODE 64 Meadowbrook Court, New Cumberland, PA 17070 ~ OTHER PAID BY CUMBERLAND COUNTY SHERIFF NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the pad of such deputy or the sheriff to any plaintiff herbin for any loss, destruction, or removal of any properly before sheriff's sale thereof, 9. TYPE NAME AND ADDRESS of ATTORNEY/ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE F~LED ~XXXX~X~ JAMES L. GOLDSMITH, ESQ. 3631 N. FRONT ST., HARRISBURG, PA 17110-1533 (717) 232-7661 2/12/01 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be maffed). CUMBERLAND COUNTY SHERIFF SPACE BELOW FOR USE OF THE SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the writ SIGNATURE OF AUTHORIZED CLERK 14 Date Received 15. Expiration/Hearing Date or complaint as indicated above. ~. T.UDWIG 2/16/01 3/14/01 16. HOW SERVED: PERSONAL~ RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFF ( ) OTHER~ SEE REMARKS 17. Q I hereby ce~tify and return a NOT FOUND because I~am unable to I~ocate the individual~.company, corporation, etc, n~amed above. (See remarks,Selow.) I~,.aI~AME AND TITLE OF INDIVIDUAL SER~VED ! LIST ~P~EJ~FigI~ r T~V~4~e~ ~ Defendant) It 9~,~E)a~ of S~icel ~0. Time Df~ervice 2 ATTEMPTS Dale TIme Miles Int. .D~telTImelMIlee~nt. I~a~':Time MiJes Int. ]Date Time Milesl Int. IDate~Time~'Miles nt IDate ]Tree Miles n f/o I I I Iii I I I ; 22. REMARKS: ~/~ '~'~23. Advance Costa 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. SubTotal 29. Poued 30. Notan/Fee 31.Surcharge 32. TotalCo~ts13~3. EfosiDuec~Refund.~ ~ ~00.001 24.00 I 13~.33 I 163.33 I I ~.00 I I 67.33/32.67 34. Foreign County Costs 35. Advance Costs 36. Sewice Costs 37. Notary Cert. 38. Mileage/Postage/N,E 39. Total Costs 40. Cost Due or Refund ,,3 ,UA,eWER. /.f .9 *...~,1 II~r~ii~ i~:~,~'~"~ Z001 45. Signature of Y0~ / r ,~/~o~ 46. Signature of Foreign ~ // 49. Date MY CO~ISSION EXPIRES ~-~Y '~ CounW Sheriff COUNTY OF YORK OFFICE OF THE SHERIFF (2 of 2) 28 -EAST MARKET ST.. YORK. PA 1740'l SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN SERVICE CALL (717) 771-9601 1 PLAINTIFF/S/ 2 COURT NUMBER JOHN T. STANDLEY, ET AL 01-851 CIVIL MARK Ri~TDE, T/A MARK RENDE PAINTING ARBITRATION SERVE ~' 5. NAME OF ;NDWIDUAL~ C0~PAN¥, DORPORATION, ETC lO SERVE OR DESCRIPIION OF PROPERTY TO BE lEVIED, ATTACHED, OR SOED MARt( RRNDE PAINTING 6 ADDRESS (STREET OR RFC ~TH BOX NUMBER, APT NO, CITY~ 8ORB, TVVP, SLATE AND ZIP CODE) AT 64 ~ROOK CT. , NEW CUMBERLAND, PA 17070 7 INDICAIE SERV~CE~ C2 PERSONAL [2 PERSON ~N CHARGE (2 DEPUTIZE C2 GERT. MAIl CJ tST CLASS MA~L (~ POSTED [2 OTHER NOW ,20___ I, SHERIFF OF YORK COUNTY, PA, do hereby deputize the shedff of COUNTY to execute this Writ a,d make retUrD to [aw. This de~ufizatioD bei~ made at the request a~d dsk of the SHER~PF OF YORK DOUN/Y 8. SPEClAI~NSIRUCTIONSOROTHERINFORMAT;ONTHAI%~L[ASS~STINEXPEDIT~NGSERVICE: OUT OF COUNT~ CUMBERLAND NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any properly under within wdt may reave same without a watchman, in custody of whomever is found in possession, after notifying person of ~evy or attachment, without liability on the par[ of such deputy or the sheriff to any plaintiff herein for any loss. destruction, or re,3ovaJ of any property before sheriffs sale thereof 9. TYpEjAt,~E~NAME andLoADDRESSGoT_.L,~MiTH ¢ of ATrORNEY~s~. / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 DATE FILED 12 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). 13. [ acknowledge receipt of the writ 14 DATE RECEIVED I 15. Ex iration/Hearing Date or complaint as indicated above. J. LUDWIG 2/16/01 I 16. HOWSERVED: PERSONAL (~ RESIDENCE ( ) POSTED ( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER~ SEE REMARKS BELOW 1178 ~ rher~NblY~_~rtifya~Fdre~me/NOTFOUNDbecauselamunabletolocateti3eindividual company arc namedabove (See remarks below ) - . ~IAME A D TEE O IN rVIDUAL SERVED / ErST ADD~I~i~/~.f'J~)~0~'I~R~JI"~p to Defendant) I 19. D~te of S~rvice I 20 Tim¢9~ Service 2'1 ATTEMPTSL~D~elTimelMiles I.t. g~a,~)~me Mires Int~Date Time(Miles( Iht Date Time(Miles rnt Date Time(Mires Int. OatelTime Mires mt. !3 Advance Costs 24 Service Costs 25 N/F 26 Mileage 27 Postage 28 Sub Total 29. Pound 30. Notary 3f Surchg. 32. Tot. Costs 33 Costs Dueor Refudd Check NO. 4~F~r~i~n~nty~sts~35~Advanc~staI36~ervice~sta~37N~t~ry~e~I3~M~ge/P~sta~e/N~tF~nd I 3~ TotalCost* [ 40. Costs Due or Refund 1 AFFIRMED and subscribed to before me h s 28T~ .,~ /I SO ANSWERS / /' R 44. Signature of ~AR~L 'S~ J Coun~ S,eriff )~~L I ~KNO~EDGE RECEIPT OF THE ~HE~ RETURN SIGNATURE ~ 5~ DATE RECEIVED JOHN T. STANDLEY and ANNIE STANDLEY, husband and wife, Plaintiffs MARK RENDE t/a MARK RENDE PAINTING, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-851 : CIVIL ACTION - LAW : ARBITRATION NOTICE OF DEFAULT PURSUANT TO Pa.R.C.P. 237.1 TO: Mr. Mark Rende t/a Mark Rende Painting 64 Meadowbrook Court New Cumberland, PA 17070 DATE OF NOTICE: April 25, 2001 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 COUrNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Respectfully submitted, Dated: oo 722/23738 DWELL & KEARNS Attorney ID# 86569 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiffs, John T. Standley and Annie Standley CERTIFICATE OF SERVICE AND NOW this ~_~ day of April, 2001, I hereby certify that I have served a copy of the foregoing on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid addressed to: Mr. Mark Rende t/a Mark Rende Painting 64 Meadowbrook Court New Cumberland, PA 17070 CALDWELL & KEARNS By: ~ JOHN T. STANDLEY and ANNIE STANDLEY, husband and wife, Plaintiffs MARK RENDE t/a MARK RENDE PAINTING, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-851 : CIVIL ACTION - LAW : ARBITRATION AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P. 237.1 COMMONWEALTH OF PENNSYLVANIA : ; SS: COUNTY OF DAUPHIN : AND NOW, this ~ day of May, 2001, personally appeared before me a Notary Public in and for said County and State, MELISSA JEREMIAH, and files this Affidavit on behalf of Plaintiffs, who does affirm that as Secretary to Douglas E. Herman, Esquire, attorney of record for Plaintiffs John T. Standley and Annie Standley, she did serve a true and correct copy of a Notice of Default on Defendant, Mark Rende, t/a Mark Rende Painting, in the U.S. First Class Mail, postage prepaid with attached Certificate of Mailing at Harrisburg, Pennsylvania on April 25, 2001, to the Defendant's last known address as follows: Mark Rende t/a Mark Rende Painting 64 Meadowbrook Court New Cumberland, PA 17070 A true and correct copy of the Notice of Default Pursuant to Pa. R.C.P. 237.1 and the Certificate of Mailing are attached hereto collectively as Exhibit "A". Sworg to and subscribed before me this ~_~day of ,/~,~ ,2001. My Commission Expires: Secretary to Douglas E. Herman, Esquire NOTARIAL ~EAL TAMARA S. HAIR, No~ Pt]t~o ..My Commission F-.xplres Aug. ~, ~ 00-722/23753 Exhibit A __;ALDWELL ~k. KEARNS ATTORNEYS At LAW HARRISBURG, PENI~SYLVANIA 17110 JOHN T, STANDLEY and ANNIE STANDLEY, husband and with, Plaintiffs · IN TIlE ('O{IR F ()1: ('OMMON PLEAS : (/IMBERLANI)('OUNTY, Pb NNSYI 'v'/\N IA v. : NO. 01-851 MARK RENDE t/a MARK RENDE PAINTING, Defendant : ('IV1L AC'lION - LAW : ARBITRATION NOTICE OF DEFAULT PURSUANT TO Pa.R.C.P. 237.1 TO: Mr. Mark Rende ga Mark Rende Painting 64 Meadowbrook Court New Cumberland, PA 17070 DATE OF NOTICE: April 25, 2001 YOU ARE IN DEFAULT BECAUSE YOI J I lAVE FA I1 ,El) 'l'() 'I',A~ K ~! A( 'I'l( )N RI!QUI R I! [)l ( )F YO[ 1 IN THIS CASE. UNLESS YOU ACT WITHIN 'FEN (10) DAYS FROM TI IE I)AT}! OF THIS NO'lICE, A JUDGMENT MAY BE ENTERED AGAINS'I YOU Wll'llOtI'[' A. tI[(ARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIG HTS. YO/1 St IOUI,I) TAKI T}I IS ?APb, R T() YOI IR LAWYER AT ONCE. IF YOU DO NOT tlAVE A LAWYER OR CANNOT AFFORD ONF, GO IO OR TELEPHONE THE OFFICE SET FORTH BFI .OW TO F1ND OU~I WHERE YOU ('AN (5[iT I.}iGAL ItELP: CUMBERLAND CO [ ~4'I'Y LA WY ER R E FERRAI~ SE RV 1( :E (ourt Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Respectfully snbmit~ed, Dated: 00.722/23738 )WI!I,L & KEARNS [)ougl~g l:,L Hero, an, l~squirc Altorney 1I)~ 86569 3631 Norlh Front Street Harrisburg, PA 17110-1533 (717) 232-766/ Attorney lbr Plaintillk~ John T. Standley and Annie Standlcy _f~ERTIFICATE OF $1~RVICE ~i'~ dayofMay, 2001, AND NOW, this I hereby cc~ai[? that 1 haxe set;cd a copy of thc foregoing on the following by depositing a true and correct copy of the same in thc tLS. Mails at H~sburg, Pennsylvania, postage prepaid addressed to: Mr, Mark Rende t/a Mark Rcnde Painting 64 Meadowbrook Court New Cumberland, PA 17070 JOHN T. STANDLEY and ANNIE STANDLEY, husband and wife, Plaintiffs MARK RENDE t/a MARK RENDE PAINTING, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-851 CIVIL ACTION - LAW ARBITRATION PRAECIPE TO ENTER JUDGMENT To the Prothonotary of Said Court: Please enter judgment in favor of the Plaintiffs, John T. Standley and Annie Standley, and against Defendant, Mark Rende t/a Mark Rende Painting, by reason of Defendant's failure to answer the Complaint or file a responsive pleading within twenty (20) days of service of the Complaint containing a Notice to do so, and following service of a Notice of Default Pursuant to Pa.R.C.P. 237.1 as set forth on the Affidavit of Service attached to this Praecipe. The amount of the judgment shall be in accordance with the prayer of Plaintiffs' Complaint in the amount of $4,455.00 together with interest at the agreed upon rate from November 15, 2000, onward. Respectfully submitted, Dated: 00 722/23743 CALDWELL & KEARNS Douglas'E. Herman, ~squire Attorney ID//86569 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiffs, John T. Standley and Annie Standley JOHN T. STANDLEY and ANNIE STANDLEY, husband and wife, Plaintiffs MARK RENDE t/a MARK RENDE PAINTING, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-851 : CIVIL ACTION - LAW : ARBITRATION AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P. 237.1 COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF DAUPHIN : AND NOW, this ~r~ day of May, 2001, personally appeared before me a Notary Public in and for said County and State, MELISSA JEREMIAH, and files this Affidavit on behalf of Plaintiffs, who does affirm that as Secretary to Douglas E. Herman, Esquire, attorney of record for Plaintiffs John T. Standley and Annie Standley, she did serve a true and correct copy of a Notice of Default on Defendant, Mark Rende, t/a Mark Rende Painting, in the U.S. First Class Mail, postage prepaid with attached Certificate of Mailing at Harrisburg, Pennsylvania on April 25, 2001, to the Defendant's last known address as follows: Mark Rendc t/a Mark Rende Painting 64 Meadowbrook Court New Cumberland, PA 17070 A true and correct copy of the Notice of Default Pursuant to Pa. R.C.P. 237.1 and the Certificate of Mailing are attached hereto collectively as Exhibit "A". Sworn to and subscribed before me this ~day of /~,~ ,2001. Melissa Jeremiah ~ Secretary to Douglas E. Herman, Esquire 00-722/23753 JOHN T. STANDLEY and ANNIE STANDLEY, husband and wife, Plaintiffs MARK RENDE ifa MARK RENDE PAINTING, Defendant TO: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-851 : CIVIL ACTION - LAW -o ~ ' -~ : A~IT~TION ~ ~ NOTICE OF DEFAULT PURSUANT TO Pa.R.C.P. 237.1e~ Mr. Mark Rende ifa Mark Rende Painting 64 Meadowbrook Court New Cumberland, PA 17070 DATE OF NOTICE: April 25, 2001 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU 1N THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Respectfully submitted, Dated: 00-722/23738 DWELL & KEARNS Attome t ID# 86569 3631 North Front Street Hamsburg, PA 17110-1533 (717) 232-7661 Attorney for Plaintiffs, John T. Standley and Annie Standley CERTIFICATE OF SERVICE AND NOW, this {~ day r~f April, 2001, I hereby certify that I have served a copy of the foregoing on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid addressed to: Mr. Mark Rende t/a Mark Rende Painting 64 Meadowbf6ok Court New Cumberland, PA 17070 By: CALDWELL & KEARNS CERTIFICATE OF SERVICE AND NOW, this ~-~1 day of May, 2001, I hereby certify that I have served a copy of the foregoing on the following by depositing a true and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid addressed to: Mr. Mark Rende t/a Mark Rende Painting 64 Meadowbrook Court New Cumberland, PA 17070 CALDWELL & KEARNS CERTIFICATE OF SERVICE AND NOW, this ~_ day of May, 2001, I hereby certify that I have served a copy of the foregoing on the following by depositing a tree and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid addressed to: Mr. Mark Rende t/a Mark Rende Painting 64 Meadowbrook Court New Cumberland, PA 17070 CALDWELL & KEARNS JOHN T. STANDLEY and ANNIE STANDLEY, husband and wife, Plaintiffs MARK RENDE t/a MARK RENDE PAINTING, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-851 : CIVIL ACTION - LAW : ARBITRATION TO: MARK RENDE You are hereby notified that on ~;Y~ ~, ,,9_t:~/ ,2001, the following Judgment has been entered against you in the above-captioned Vase. Judgment in the amount of $4,455.00 together with interest at the agreed upon rate from November 15, 2000 onward. Date: Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is: Mr. Mark Rende t/a Mark Rende Painting 64 Meadowbrook Court New Cumberland, PA 17070 Por este medio se le esta notificando que el de del ,2001, el/la siguiente (ORDEN), (DECRETO), (FALLO) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Mr. Mark Rende t/a Mark Rende Painting 64 Meadowbrook Court New Cumberland, PA 17070 00-722/23745