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HomeMy WebLinkAbout01-0978COM/~O'NW~ALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL -/-m/ This block will be signed ONLY when this nototiofl is required under Po, R.{~J~'."Nd~ ~f al:)l:)ellant 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 SUPERSEDEAS to the judgment for possession in this cass Signature of Prothonotary or Deputy 1 O01 (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 form to be used ONLY when aPl~ellant was DEFENDANT (see Pa. R.C, RJ.I~ 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 Pmthenotary Nsme of apl~ellee($) · · , appdlee(s), to file a complaint in ~his appeal (Common Pleas No (~ I ~ q ~ ~ ¢ r,, j ) within twenty (20) days a~t~ service of rule 9r suffer entr× of judgment of non peos. RULE: To_'~-i-'-/"-+Y-.c/.~'UZ4/7'~.u/~/3~.~ /4/(--. ,c~,pellee(s). ' (' ~eofel~ell~nto~h~sa,omey~err~ (1) You am 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 regis~red 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. COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO F~LE COMPLAINT (Th/s/;~oof~f/~o~viceMUST~3EF ~L'~ W/TH~N TEN IC, D,z~,*S AF/~-F ~ n~: *~ a~pe~ ~f~ c oi~ bo,~e~J C 0 LtNtcY OF ..... : ~ AFFIDAVIT: i l~e~eby swea~ or aff~m treat t served acopyof the Notice of Appeal, CommoI Pe~s N~) the l) st~ t . i9 [}] by pe sona sexwce L} b? (certafied} (registered) mai serde~s eceipt attached hereto SWORN (AFF~R~,~ }} ahab S~BS(;BB~ } B~:~ORE ME 7~S DA O 9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF:_ C~3M~ER[~,.N'D Mag. Dist. NO: 09-1-01 DJ Name: Hon, CHARLES A. CLEMENT, J~. A~d~ss: 1106 CAP'ISLE ROAD CAMP HILL, PA Telephone: (717) 761-4940 17011 NORTHERN CONSTRUCTION ASSOCIATES 6TH & WATEE ST. ATTN: HANK WILLIAMs NEW CUMBEKLAND, PA 17070 CIVIL CASE ~&T INSULATION COMPANY, INC. 4748 EAST HAKEISBDRG PIKE ~EW CUMBERLAND, PA 17070 VS. DEFENDANT: NAME and ADDRESS FNORTh~KN CONSTRUCTION ASSOCIATES 6TH & WAT~ ST. ATTN: HANK WILLIAMS ~EW CUMBF/~.GAND, PA 17070 NOTICE OF JUDGMENT/TRANSCRIPT IDocket No.: CV-0000675- 00 l ~ lDate Filed: 11/30/00 THIS IS TO NOTIFY YOU THAT: Judgment: DEPAULT ,JU~]~,l~ PLTF [~] Judgment was entered for: (Name) .~.~'P T~rFr,I~pTON OftMpl~r: TIU~, ~--~ Judgment was entered against: (Name) NO~,P~,f ~'I~.~'~Tt'~q~TC)'~T A.q~TACp.R.q (Date of Judgment) fDate & Time) _ $ 954.00 $ 74.50I $ .0Dj $- .0Dj $ 1 028.50/ Amount of Judgment Judgment Costs Interest on Judgmem Attorney Fees Total in the amount of $ _ 1: OgR_,[0 on: ~ Defendants are joinby and severally liable. ] Damages will De assessed on: j--]This case dismissed without prejudice. Amount of Judgment Subject to J-]Attachment/Act 5 of 1996 $. [] Levy is stayed for days or [] generally stayed. ~--'] Objection to levy has been filed and heanng will be held: Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total ;'~==========l ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OE-.~UDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON P-~I~S, ClVI[ DIVISION. YOU MUST INCLUDE A COPY OF TTS N~ OTiCE OF JUDGMENT/TRA_~NSCRjPT FORM W_~ iTH YOUR N(i?Si~E 1/23/2001 Date . ~ , rict Ju I certify that this is a true and correct copy of the record of the proceedings contah~g the judgment. '-] Date · DiStrict JusticeI My commission exo~res first Monday of January, AOPC 315-99 2002 SEAL NOTICE OF APPEAL ;OMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT C '*ON'LEAS .... ; ? 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 LTl9 ~ "'~ ' Th~ ~ck will be ~g~ ONLY ~n this ~fi~ is required u~ J ~ 1008~ 1001 (6) in acti~ bef~e Dis~ict J~tice, ~ MUST This ~t~ of A~I, w~n ~ei~ by t~ District Jus~ce, wifl ~te es ~ ~PEE~DEAS ~ t~ j~ ~ possessi~ in this cos~ FILE A COMPLAINT within twenty (20) da~ after filing his NOTICE of A~EAL. S~ of ~t~y ~ Deity PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section o! form to be us~d ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. 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 w th n twenty (20)dws a.ft~ service of m~le,pr suffer ent~ of (1) You ~ notir'~l that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) d~¥s ofter the dete of ~er¥ice of this rule upon you by per~r~l service or by cerfifed or registered mail. (2) I~ yo~ do not file a comp~int within this time, o JUDC.~EN? OF NON PI~O5 WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. /.?,~ ~//~ ,~ COURT FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FiLE COMPLAINT AFFIDAVIT,': ~ereby swea~ or afrn tha~ t served ~acopyo t e :~oticeof Appeat, Co~}mo~ PJea No,~~:-~ pot the L.2 by persona~ service~by ~cert~fied) (registered) ~rde~ :eceipt attached hereto ~<~:d ",,rthe theft i served the Rule to File a Cof~ la~ ~ ;con pany ng the above Notce SWOR~ (AFF MED~AND SL~:SCR~E~ED ~EFORE ME m ~ ce~lifled Fee I $~, ,~0 0070 ~ 02120/2001 $1.90 007~ 05 Total Po~tage & Fees $ $~.74 02120/2001 S & T Insulation Co. VS NORTHERN CONSTRUCTION COMPANY Ina, :IN THE COURT OF CO~94ON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW ~OTICE 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 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· CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlsile, PA 17013 717-249-3166 S & T Insulation Co. Inc. VS NORTHERN CONSTRUCTION COMPANY : IN THE COURT OF CO~ON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW : COMPLAINT AND NOW, this 3r day of March 2001 comes S & T Insulation Company, Inc., above-named plaintiff, by and through its attorney, Gall Guida Souders, Esquire, and respectfully avers the following: Plaintiff is a corporation having offices at 4748 East Harrisburg Pike, Elizabethtown, PA 17022. Defendant Northern Construction is a business owned by Hank Williams and is located at 518 Bridge Street, New Cumberland, PA 17070. At the specific instance and request of Defendant, Plaintiff provided insulation services to Defendant at the times, amounts, and the prices for these services are indicated in Plaintiff,s Invoice, a true and correct copy of which is attached hereto, marked Exhibit A, and made part thereof. The prices charged by Plaintiff were fair, reasonable, and market prices that prevailed at the times of the transactions. 5. The prices charged by Plaintiff were the prices that Defendant agreed to pay. 6. Plaintiff avers that the original bill was $4295.00 and the Defendant did make a payment. However, there is a remaining balance due in the amount of $900.00, which is below the limit for mandatory arbitration. Plaintiff's Invoice indicating remaining balance, a true and correct copy of which is attached hereto, marked Exhibit B, and made part thereof 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the aforesaid balance or any part thereof to Plaintiff. 8. The interest at the legal rate of six percent a year is $54.00 as of November 21, 2000. WHEREFORE, Plaintiff respectfully requests that judgment be entered in favor of Plaintiff and against Defendant in the amount of $1028.50 with interest and costs. Respectfully submitted, Gail Guida Souders Guida Law Offices 503 North Front Street Harrisburg, PA 17101 717-236-6440 Identification 968740 Attorney for Plaintiff T Insulation Co., Inc. 4748 E. Harrisburg Pik~ Elizabethtown, PA 17022 (717) 367-9088 (717) 944-0329 Toll Free (888) 383.WARM Fax (717) 367-0638 NORTHERN CONSTR, ASSOC, 518 BRIDGE STREET NEW CUMBERLAND PA 17070 WORK DESORIPTION INVENTORY ITEM NORTHN 3255 BA JOB INFORMATION: LOT NO, 20 TWO AND A HALF STORY REDWOOD HILLS CARLISLE, PA WRAP SOIL PIPES .......... DORMER CEILING ........... SLOPE CEILINGS ........... 8nd, FLR, CATHEDRAL CLG,., 8nd, FLR, CLOSED CLG ..... 2nd. FLOOR SLOPE CLG ..... 1st, Flr, COLD CEILING,,, GARAGE CLG,-UNDER LIVING BAt. ANCE OF GARAGE CEILING SLOPES OVER GARAGE ....... 8' E¥1ERIOR SIDEWALLS .... 9' EXTERIOR SIDEWALLS .... XRD FLR EXT END WALLS .... PEN WALLS ............... OPEN WALLS ............... , DORMER WALLS ............. 8nd FLOOR CATHEDRAL WALLS 2nd FLOOR CATHEDRAL WALLS OPEN KNEEWALLS ........... 8ND FLR EXT END WALLS .... 1ST & 8ND FLR BATH WALLS, GARAGE WALLS ............ GARAGE STAIRWELL ........ GARAGE TREADS ........... FOUNDATION WALLS ........ FRONT OVERHANG .......... OVERHANG ................ BLOCKERS & RUNNERS ...... BASEMENT STOPS ........... AT EAVES,., ............... GARAGECLG,-UNDER LIVING BALANCE OF GARAGE CEILING 18' GARAGE WALLS ......... GARAGE STAIRWELL ......... GARAGE TREADS ............ OPEN WALLS ............... R-II R-38 R-30 R-38 R-30 R-38 R-30 R-19 R-30 R-13 R-t3 R-13 R-13 R-13 R-13 R-13 R-13 R-13 R-13 R-ii R-13 R-I~ R-19 R-II R-~O R-30 R-13 FIBERGLASS FIBERGLASS FIBERGLASS FIBERGLASS FIBERGLASS FIBERGLASS KRAFT FACED BATTS KRAFT FACED BATTS KRAFT FACEDBATTS KRAFT FACED BATTS KRAFT FACED BATTS KRAFT FACED BATTS FIBERGLASS KRAFT FACED BATTS UNFACED FIBERGLASS BATTG FIBERGLASS KRAFT FACED BATTS FIBERGLASS KRAFT FACED BATTG FIBERGLASS KRAFT FACED BATTS FIBERGLASS KRAFT FACED BATTG FIBERGLASG KRAFT FACED BATTS FIBERGLASS KRAFT FACED BATTS FIBERGLASS KRAFT FACED BATTS FIBERGLASS KRAFT FACED BATTS FIBERGLASS KRAFT FACED BATTS FIBERGLASS KRAFT FACED BATTS FIBERGLAWS KRAFT FACED BATTS FIBERGLAS~ K~A~'T FACED BATTS FIBERGLAWS KRAFT FACED BATTS FIBERGLASS KRAFT FACED BATT8 FIBERGLASS KRAFT FACED BATTS FIBERGLASS KRAFT FACED BATTS FIBERGLASS KRAFT FACED BATTS UNFACED FIBERGLASS BATTS UNFACED FIBERGLASS BATTS FIBERGLASS KRAFT FADED BATTG R-13 FIBERGLASS KRAFT FACED BATTS INSTALL PROPER VENTS AS NEEDED R-30 UNFAOED FIBERGLASS BA~TS R-19 FIBERGLASS KRAFT FACED BATTS R-13 FIBERGLASS KRAFT FACED BATTS R-13 FIBERGLASS KRAFT FACED BATTS R-lO FIBERGLASS KRAFT FACED BATTS va" x 4' x S' SUPER TUFF-R SHEATHING CONTINUED ON NEXT PAGE OFFIC.E /~ Elizabethtown, PA 17022 · (717) 367-9058 , (717) 944-0329 Toll Free (888) 383-WARM ~ Fax (717) 367-0638 NORTHERN CONSTR. ASSOC. 518 BR1DGE STREET NEW CUMBERLAND PA 17070 · JOB INFORMATION: LOT NO. 20 TWO AND A HALF STORY REDWOOD HILLS C~RLISLE~ PA INVENTORY ITEM TOTAL INVOICE: ..... TOTAL DUE .... , .... * OUR ]ERMS ARE NET 30 DAYS. A 8.0 % DISCOUNT OF $ ' 85.90 MAY BE DEDUCTED IF PAID IN FULL WITHIN 10 DAYS OF THE INvoICE DATE, 4,295.00 4,895.00 WILL BE CHARGED ON ALL INVOICES OVER 31 DAYS,n ..... ~ - OFFICE S & T Insulation Co. Inc. VS NORTHERN CONSTRUCTION: COMPANY :IN THE COURT OF CO~94ON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT ARE TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S.A. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Printed Na~e '- Title' Date Insulation Co., Inc. 4748 I~, Harrt~urg Pike Fu (717~ 367-~38 NORTHERN CON~T~. N~W CUMBERLQND FA 17070 JOB INFORMRTIoN~ LOT NO. TWO ~fiD'~ HRLF BTORy RED~IOOD HILL8 ~d C. EI WILL ~£ ~HAROED ON GiLL INVOICEB OVER ~1 DAY~. OFFICE S & T Insulation Co. Inc. VS NORTHERN CONSTRUCTION COMPANY :IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 01-978 : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that on March 7, 2001 I served the complaint in above-named case upon the person and in the manner indicated below, which service satisfies the requirements of Pa.R.Civ. P. 403: Service by certified mail to: Northern Construction A~iTN: Hank Williams $18 Bridge Street New Cumberland, PA 17070 Gall Guida Souders Guida Law Offices 503 North Front Street Harrisburg, PA 17101 71%236--6440 Dated: Mach 9, 2001 · Complete items 1,2, and3 Al$ocomple~e item 4 if Restricted Delive~ is desired, · Print your name and address on the reverse so that we can return thc card to you. · At, ach this card to the back of the mallplece, or on the front if space permits. [~ Addressee CyadCreSSdifferentlromttem i? [~ YeS If YES, enter deltve~ address below: ~ NO 3, Service Type {::) Certified Mail [:~ Registered ID COD 4, Restricted Deliver? (Extra Fee) [~ Yes 2, Article Number (Copy from service la,el) PS Form 3811, July 1999 Domestic Return Receipt 102595.~0-M.0962 C~,~d ~ ~1.~ IX]It i 03/07/200!