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HomeMy WebLinkAbout10-4499I:VMMVa~IWtALlft1 VF I'tNN57LVANIA G~OURT OF COMMON PLEAS Ninth Judicial District, County Of Cumberland NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT ~ I COMMON PLEAS No. 10'WyQ9 l.ivil ~~ 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 Magisterial District Judge on the date and in the case referenced below. Calabrese & Sons, Inc. Harold E. Bender suit ZIP CODE 1800 Letchworth Drive Camp Hill PA 17011 _... _ ... ..........,".. ... ~ n~ ..,..,~ yr irrarrrurq (Defendant). June 8, 2010 Cumberland Valley Rental V5 Calabrese & Sons, Inc. CV-74-10 This block will be signed ONLY when this notation is required under Pa. R.C.P. D.J. No. 10086. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDERS to the judgment for possession in this case. If appellant was (see Pa. R. C. P. D. J. No. 1001(6) in action before a Magisterial District Judge, 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 Magisterial District Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Cumberland Valley Rental Name of appellees) appellee(s), to file a complaint in this appeal (Common Pleas No. ~ _ t~ ~C~ ~ j yi (~~°~M )within twenty (20) days after service of ru .or suffer entry~of ~udgm of non pros. . ~ ~ ~ ~,~ , Signature of a pellant or attorney or agent RULE: To Cumberland Valley Rental , appellees) Name of appellees) (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 c~'riplaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of ser~ice~of this rule if service was by mail is the date of the mailing. ~. .~ Date: ~ 20 i0 ;•,, -, Si nature of Profhonota eputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 81Lhh~°#~ 70L'C~ #~ ~I ~ ~ P~~"1~11 l~-ua a d ~G '-b ~ ,~~yd~o~,s,.~v~ • ~. ~ ~-„ ~:: ~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No.: 09-3-01 MDJName: Hon. HAROLD E. BENDER Address: 35 W ORANGE ST SHIPPENSBIIRG, PA re~ephone: (717) 532 - 7676 17257 - 0361 CALABRESE S~ SONS, INC 1800 LETCHWORTH DR C/O PATRICK M MCCLAIN CAMP HILL, PA 17011 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAIILT J'fJDGMENT PLTF NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ~CIIMBERLAND VALLEY RENTAL ~ 111 W KING ST SHIPPENSBDRG, PA 17257 L -~ VS. DEFENDANT: NAME and ADDRESS ~CALABRESE & SONS, INC. ~ 1800 LETCHWORTH DR C/O PATRICK M MCCLAIN CAMP HILL, PA 17011 J Docket No.: CV- 0000074 -10 Date Filed: 3/19/10 (Date of Judgment) 6/08/10 ® Judgment was entered for: (Name) CpMBERr.ANn VALLEY RENTAL ® Judgment was entered against: Name) CALABRESE & SONS, INC . in the amount of $ 1, 58.6 Defendants are jointly and severally liable. Damages will be assessed on Date & Time This 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 $ Total Post Judgment Credits Post Judgment Costs $ 1,500.16 $ 5 .50 $ . b'b $ - QO $ 1,658.661 Certified Judgment Total $ 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. (.0 'C / ~ Date Magisterial District Judge 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 Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 6/08/10 10:20:00 AM i~i:i) 4 {_ Ti ~ f ~pG „~ ~iC~~ ~Y 2010 JUL '12 :'~'~ iL~ J~ curs ~u:~ _ ~;~~~ ~^ . ~~.~ , , . PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER frling of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumberland ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ® a copy of the Notice of Appeal, Common Pleas No.4499, upon the Magisterial District Judge designated therein on (date of service) JuIY 8, 2010, III, on ^ by personal service ® by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Cumberland Vallev Rental c/o George F. Douglas, Julv 8, 2010 ^by personal service sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 8th DAY OF Jam, 2010 Sig tur of offic-a before whom affidavit was made r ~ C, Title of offici 1 My commission expires on~ / 1_a, 20 COMMONWEALTH OF PENNSYLVANIA Notetiel Seel Mary M. Prig, Notary~Publl~c y Carlisle eoro, lyly ~ Aug. 18, 2011 Meml~. ennsylva eociratbn of Notsrle~ `, by (certified) (registered) mail, ,~C Signature of affrant R. C. VanLandingham, Esquire Martson Law OfFces 10 Easf High Street Carlisle, PA 17013 AOPC 312A - 05 O ~, ~ rl `~ ~H N~11 'p ~ Postage 5 .~ CertiFled Fee O Return Receipt Fee O (Endorsement Required) O Restricted Delivery Fee O (Endorsement Required) ~ rl Total Postage & Fees 9 r~ ~ o O ~ -- ._. G .7Vo.; ~ a PO Box No. L!7 .~' m 0 tti ~ ~ Return Reoeipt Fee (Endorsement Required) G Restricted Delhrery Fee (Endorsement Required) O ~ f1J Total Postage & Fees O ~!~J' A ~ O N : ..X- aPOBanrNo.~~~. :LL- w:_:_-~K-.... 1 ~_7 ~t1.44 Ui)1~ 8 ~ :L7 ~~ ~~/ n ? o M -*t ca ryl ran n t=- - ---4 _ n rn ' CUMBERLAND VALLEY RENTAL, IN THE COURT OF COMI" V P EAF C , Plaintiff OF CUMBERLAND COLT -V ? n , PENNSYLVANIA' V rv rri . CIVIL ACTION- LAW ' CALABRESE & SONS, INC., NO. 2010 - 4499 Defendant 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 32 S. BEDFORD ST. CARLISLE, PA 17013 Dated: 06"L- ? o I a By. JL"" r, SALZMANN HUGHES, P. (7 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. CALABRESE & SONS, INC., Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 2010 - 4499 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, Calabrese & Sons, Inc., is a business located at 1800 Letchworth Drive, Camp Hill, Cumberland County, Pennsylvania. 3. On November 14, 2005, the parties entered into a written contract with an effective date of November 14, 2005 for the rental and cleaning of uniforms for the employees of the Defendant, Calabrese & Sons, Inc., in Camp Hill, Pennsylvania. A copy of the contract is attached hereto as Exhibit A. 4. The Defendant, Calabrese & Sons, Inc., breached the contract by refusing to submit payment for services provided and for the buyout of the contract entered into by the parties. At the time of the breach, there were 52 weeks remaining on the contract. The contract states that forty (40%) percent of the amount remaining on the contract will be paid to the Plaintiff as liquidated damages, which is $1,123.40, plus the remainder of the unpaid invoice of $376.76 for a total amount due of $1,500.16. 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, Calabrese & Sons, Inc., the Plaintiff, Cumberland Valley Rental, has sustained a loss in the amount of $1,500.16, plus court costs in the amount of $158.50 for a total of $1,658.66 in total damages. WHEREFORE, The Plaintiff claims of the Defendant the sum of One Thousand Six Hundred Fifty-Eight and 66/100 ($1,658.66) Dollars plus interest and costs, an amount requiring referral to the Court of Common Pleas of Cumberland County, Pennsylvania. Respectfully submitted, SALZMANN HUGHES, P .C. George F. Douglas, III, Esq re Attorney for Plaintiff Attorney ID: 61886 SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA :SS COUNTY OF CUMBERLAND DONALD A. FRY, being duly sworn according to law, deposes and says that he is the President of Cumberland Valley Rental, and that the averments of the within complaint are true and correct to the best of affiant's knowledge, information and belief. DONALD A. Y, P IDENT Sworn to and subscribed before me this the day of 006dr -, , 2010 F Ta otary WWy CARIlSI.E 801 ? MY fiEXPI ejum2kol CERTIFICATE OF SERVICE I, George F. Douglas, III, of Salzmann Hughes, P.C., hereby certify that I hand-delivered a certified copy of the Complaint to David A. Fitzsimons, Esquire, and Seth T. Mosebey, Esquire, at the Martson Law Office located at 10 East High Street, Carlisle, Pennsylvania. David A. Fitzsimons, Esq. Seth T. Mosebey, Esq. Martson Law Offices 10 East High Street Carlisle, PA 17013 Respectfully Submitted, SALZMANN HUGHES, P.C. By_ b?s? -6 lo&rgge!5F:? . Vbouglas, III, Esq ire Attorney for Plaintiff Attorney ID No. 61886 CVR ANDOCO, INC. Cum mer Name: Calabrese & Sons Inc. Delivery Address: 406 Brandy Lane Phone:(717-766-4771) Mechanicsburg Pa. 17055 Fax:() N/C No. of Wearers Item Description Quantity w-d# ia`wd`awper item/ wearer 40 Uniforms Customer Purebases 515 $ 1.20 Uniforms We Clean $ $ 21 Service fee- $10.00 per invoice Comberlaad Valley Rental (the "Company") shall be the exclusive provider for reotal/leasc garments and/ or other merchandise services to the undamped (the "Customer") during the term of the contract at the prices and conditions outlined below. The Customer certifies that this contract does no irdtinge aeon any existing contract between the Customer and another uniform rental service. Customer aclmowledges that the Company will be obligated to metro a substantial investment in uniforms and or merchandise to AM this agreement; accordingly, the term of this agreement shall be 60 billed months from the first regularly scheduled delivery of the items. This contract will automatically renew £or successive periods of the same length unless either party gives wtium notice of ta>mcetion at lent 9o days p aorto the expiration of the that current team. Upon ewh amoral anraivettsary date of this contract. the prices then ineffect can automatically increase by five percent (W.1 Any additional items requested by the Customer shall be covered by the terms and ceadi*m of i%u- contract and be provided at the prices in effect on and abaft date of the receipt of the order. The aggregate rental charge shall never be reduced to less than seventy-five percent of the o nginal amount written above during the terms of this contract Service Guarantee: The Company will strive to provide the highest quality service at all times; however, the Company is not liable or oespansible for delay, iotareption.or termination of service due to any cause beyond its reasonable control. In the event that duaing the than of this agreement (or any renewal urea) Customer has any complaints they mey, by certified maul, address them to the genial manager of the Company. The failure of customer to notify Company in writing of atty objection or complaint within thirty days alter the occurrence of the facts giving rise to any such objection or complaint shall constitute a waiver of such objection or complaint by Customer and shall trot thereafter be the basis for termumtioo, offset, or counterclaim. Replacement The Customer Customer: 410 Route: Ron Day: _ Wednesday I" Del. 11154200 To he eampirted by CVR N/C Item pmts hem: shirts Rem Rent- Item: hem: Coat 20.00 nderstands the garments Cost 1300 provided by the Compan Cost: y arc not flame or acid r Cost etardant, unless specified cost otherwise. Cost: u If the Customer farts to comply with this Contract or if the Customer elects to terminate it for any reason prior to the expiration of the terms stated above, the Customer will me the Company as liquidation chre V!% an amount equal to forty percent of the total regular weekly rate or uu$mmum aggregate temtal cbarge as defined above multiplied by the number of weeks remaining in the current mm plus any renal m>ffonna not rourrred to the Company or returned in a damaged fishier In enforcing any terms of this agreement, the Customer shall pay any costs including reasonable attorney fees or arbitration fees incurred by the Company. This Contact shall be binding upon and shall ensure to benefit of the personal representatives, successors, and assigns of the respective parties hereto. This Contract is entire and includes all understandings of the parties No alterations, amendments or fudge understandings shall be binding unless reduced to writing and signed by both parties. The person signing on behalf of the Customer warrants to the Company that Wshe has the authority and power to execute this contract on behalf of the Customer. Customer Cumberland Valley Rental Punt Print f GL e- 141 ICJ Titl Title: Date: 1 off" Date: EXHIBIT Corporate Apparel - Casual Apparel - Uniform Sales - Customized Embroidery - P.O. BOX 329 111 WEST FLING STREET SHIPPENSBURG, PENNSYLVANIA 17257 PHONE: (717)532-7622 FAX: (717)530-1314 -.4 1 7-Z -7 } ! T ::'L0-- B l 3 D i I A 'F PA j7 L ACCOUNT NO. STOP# STATEMENT DATE MO. DAY YEAR ALL CHARGES AND CREDITS AFTER ABOVE DATE WILL BE INCLUDED IN NEXT MONTHS STATEMENT. AMOUNT ENCLOSED $ TO ASSURE CREDITTO 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 INVOICE DESCRIPTION BALANCE FORWARD DATE NUMBER ', c- r tt r, '•i? i? i c _ L. ? a '~ L• IW :_? z .? 1J T"i 4' it 1 iF =• {. r': a _ __ . 56- -43 _!.. 009 7n `+: of 'F' .°.:.i ?•a 3fir ?};, 1?':=m Flo- -7 0 .T.. ?i '!' ? ?. C' }' _::'. -?'i.' a ^? C+ ,. rt• =4 a + -7 C, -_ 14 .,4 •-: a.-•--{rte T -,,r .« 3• i v 1 71 fAl -7. 4S 2 C11 C1 v 1o 1 77' - _. 3` . 7- 2 1 0 .c_:' .. •. _ ? J .13.5 ! l'. 01 1 l :i e ( H i ui?il F,C: !-<.>^Y-1'''i~3 di'-1 t?;.«_. •? i' i.= __ CURRENT OVER 30 OVER 60 .i. !.. ..'+_: n 1... °'r +J i c ?. i.._ r„?•.f r. '~' `+ z 0, a ;0iI<' 15 =•--l .. 16 PLEASE PAY THIS AMOUNT EXHIBIT Uniforms a Coveralls • Wipers o Mats Medical Scrubs & Protective Garments P.O. BOX 329 111 WEST KING STREET SHIPPENSBURG, PENNSYLVANIA 17257 PHONE: (717)532-7622 FAX: (717)530-1314 Account Name Calabrese & Sons inc. Account # 410 Invoice # 1.5156 January 15"'2010 through December 31st 2011 Weekly Bill $54.00 Bi-weekiys left on contract 52 $2,808.00 w Contract Obligation - 40% $1,123.20 $1.1-23.20 Owed to CVR plus any unreturned uniforms, outstanding invoices and damaged uniforms. Will be added after August 13th pickup 2009 Price QTY $- Shirts $9.00 0 Outstanding Uniforms Pants $11.00 0 $- Sub-Total $1,123.20 Total due within 30 days Qius any unpaid invoices CVFIUNIFORMS.COM David -D. Buelr Prothonotary Office of the (Prothonotary Cum6er[and County, Pennsylvania xir&S. Sofionage, ESQ Solicitor !U - 4/lc q CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 ® CarCsCe, TA 0 (Phone 717 240-6195 0 'Fax 717 240-6573