HomeMy WebLinkAbout11-3592r-/ io i it
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
bG IQ
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
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 APPELLANT MAG. DIST. NO. ww?e yr u.?.
Tail ?? A G,e4.,?, ?, CiDr - ®9 - _? t f/y?,ry? Jul?n k o.?y
ADDRESS OF APPELLAKV CITY STATE ZIP CODE
>7e
3 s- Ll„ej 1,w /lam Cii/;lie M
DATE ? OF JUDGMENT IN THE CASE OF (Pwnti n / T """"" ,
9
DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT
T - c- 3c 1 • C i' G?o?vv? ° l
This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
SON,& s or PrdAorwbry or DSP AY
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
Enter rule upon
appellee(s), to file a complaint in this appeal
Name Of appeBee(s)
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
signature of appellant or atbmey or agent
RULE: To appellee(s)
Name of appefte(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:
20
signature of ProMomiary or Deputy
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- APPELLANTS 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 a/fiant
Signature of official before whom affidavit was made
Title of official
My commission expires on 20
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COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil
COUNTY OF CUMBERLAND Case
r
Mag. Dist. No: MDJ-09-3-03
MDJ Name: Honorable Susan K. Day
Address: 229 Mill Street
P.O. Box 167
Mount Holly Springs, PA 17065
Telephone: 717-486-7672
Quality Lawn Works, Inc.
330 Cranes Gap Rd.
Carlisle, PA 17013
Quality Lawn Works, Inc.
V.
Michael J Palson
Docket No: MJ-09303-CV-0000008-2011
Case Filed: 1/20/2011
Disposition Summary
Docket No Plaintiff Defendant Disposition Disposition Date
MJ-09303-CV-0000008-2011 Quality Lawn Works, Inc. Michael J Palson Judgment for Defendant 04/12/2011
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 COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF
JUDGMENTITRANSCRIPT 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.
4 .rAr
Date / Magisterial District Judge Susan K. Day
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date Magisterial District Judge Susan K. Day
MDJS 315 Page 1 of 1 Printed: 04/12/2011 9:47:14AM
COMMONWEALTH OF. PENNSYLVANIA
COUNTY OF CUMBERLAND
Notice of Judgment/Transcript Civil
Case
Mag. Dist. No: MDJ,-09-3-03
MDJ Name: Honorable Susan K. Day
Address: 229 Mill Street
P.O. Box 167
Mount Holly Springs, PA 17065
Telephone: 717-486-7672
Quality Lawn Works, Inc.
330 Cranes Gap Rd.
Carlisle, PA 17013
Michael J Palson
V.
Quality Lawn Works, Inc.
Docket No: MJ-09303-CV-0000092-2011
Case Filed: 3/24/2011
Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date
MJ-09303-CV-0000092-2011 Michael J Palson Quality Lawn Works, Inc. Default Judgment for Plaintiff 04/12/2011
MJ-09303-CV-0000008-2011 Quality Lawn Works, Inc. Michael J Palson Judgment for Defendant 04/12/2011
Judgment Summary Joint/Several Liability Individual Liability Amount
Participant
Quality Lawn Works, Inc. $0.00 $8,000.00 $8,000.00
Judgment Detail (*PostJudgment)
In the matter of Michael J Palson vs. Quality Lawn Works, Inc. on 4/12/2011 the disposition is Default Judgment for Plaintiff and
judgment was awarded as follows:
Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount
Attorney Fees $0.00 $8,000.00 $8,000:00
Grand Total: $8,000.00
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 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.
Date? / Magisterial District Judge Susan K. Day
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date Magisterial District Judge Susan K. Day
MDJS 315 Page 1 of 1 Printed: 04/12/2011 9:48:10AM
O THE PROTHON FILED-OFFICE
A Ry
2011 APP 21 PM 12: DS
CUMBERLAND COUNTY
PENNSYLVANIA
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 C b ; ss
urY+ ?r 0.n
AFFIDAVIT: I hereby (swear) (affirm) that I served
? 1.
KI a copy of the Notice of Appeal, Common Pleas Cork , upon the District Justice designated therein on
(date of service) A pc, f ao , 20 It , ? by personal service Q by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) Nr,'t?al sew, C.W "rew N• $ho A 5V_ , on
-2r; oX .20 _? I ? by personal service ® by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS Z?0'U-- DAY OF Air ? 20_Li__.
SignatuuFe of official before whom aff a was maV
- _,mo (?
Signature of affiant
Title of official
My commission expires on f- u U S ? 13 , 20 V3
,..> " , ? OHINE MONT60Mp?NOTMr1?lq2013
S WBAANSTOw118fJN0 LAND
r COMMISSION ?MIfS NIM
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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. ) i- I'll I'
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 APPELLANT MAG. DIST. NO. NAME OF D.J.
ape'/ /lo^4 > AJfl, I g sr r.+rt? /111-r --.4 - -01 ?}insr?ll? -J?Vjy„ k hy.
ADDRESS OF APPELLANT CITY STATE ZIP CODE
3jif L?/di ll G-.r /? r rr d ?rJ 1,7W
DATE OF JUDGMENT IN THE CASE OF (PbWiff) (thrandantl'
?91;11; l /I "// lr ?f' Joy
This block will to signed ONLY when this notation is required under Pa. If appefant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
S#-b- a(ProM-otary -DapAy
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. 11701(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon appellee(s), to No a complaint in this appeal
Name of appeNae(s)
(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signaturo of appellant or attorney Of agent
RULE: To appellee(s)
Name of appeNee(s)
(1) You are notified that a rule is hereby entered upon you to file..a c omplair tbis.apVaai„r **t t W.,(2Ia),4sr after the date of senlioe
of this rule upon you by personal service or by certified, or registered mall.
(2) If you do not file a complaint within this time, a JUDG"T OF NON PROS MAY 0MR9P'AGAINSt YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: , 20
Signature of Pmdlorwt-y or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMEWTITRANSCRIPT FORM VIfITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY 70 BE SERVED ON DISTRICT JUSTICE
-...... ....
COMMONWEALTH OF, PENNSYLVANIA
COUNTY OF CUMBERLAND
Notice of Judgment/Transcript Civil
Case
Mag. Dist. No: MDJ-09-3-03
MDJ Name: Honorable Susan K. Day
Address: 229 Mill Street
P.O. Box 167
Mount Holly Springs, PA 17065
Telephone: 717-486-7672
Quality Lawn Works, Inc.
330 Cranes Gap Rd.
Carlisle, PA 17013
Michael J Palson
V.
Quality Lawn Works, Inc.
Docket No: MJ-09303-CV-0000092-2011
Case Filed: 3/24/2011
Disposition Summary
Docket No Plaintiff Defendant Disposition Disposition Date
MJ-09303-CV-0000092-2011 Michael J Palson Quality Lawn Works, Inc. Default Judgment for Plaintiff 04/12/2011
MJ-09303-CV-0000008-2011 Quality Lawn Works, Inc. Michael J Palson Judgment for Defendant 04/12/2011
Judgment Summary Joint/Several Liability Individual Liability Amount
Participant
Quality Lawn Works, Inc. $0.00 $8,000.00 $8,000.00
Judgment Detail ("Post Judgment)
In the matter of Michael J Palson vs. Quality Lawn Works, Inc. on 4/12/2011 the disposition is Default Judgment for Plaintiff and
judgment was awarded as follows:
Judgment Component JointlSeveral Liability Individual Liability Deposit Applied Amount
Attorney Fees $0.00 $8,000.00 $8,000.00
Grand Total: $8,000.00
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH
THE PROTHONOTARY/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF
JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT
HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE
COURT OF COMMON PLEAS AND NO FURTHER.PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A
REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT. 42- a s`$ 4 - 10 y
Date Magisterial District Judge Susan K. Day
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date Magisterial District Judge Susan K. Day
MDJS 315 Page 1 of 1 Printed: 04/12/2011 9:48:10AM
COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil
COUNTY OF CUMBERLAND Case
Mag. Dist. No: MDJ-09-3-03
MDJ Name: Honorable Susan K. Day
Address: 229 Mill Street
P.O. Box 167
Mount Holly Springs, PA 17065
Telephone: 717-486-7672
Quality Lawn Works, Inc.
330 Cranes Gap Rd.
Carlisle, PA 17013
Quality Lawn Works, Inc.
V.
Michael J Palson
Docket No: MJ-09303-CV-0000008-2011
Case Filed: 1/20/2011
Disposition Summary
Docket No Plaintiff Defendant Disposition Disposition Date
MJ-09303-CV-0000008-2011 Quality Lawn Works, Inc. Michael J Palson Judgment for Defendant 04/12/2011
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 COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF
JUDGMENTITRANSCRIPT 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.
'"w r:M•"'
Date Magisterial District Judge Susan K. Day r? a.,.¦,
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date Magisterial District Judge Susan K. Day
MDJS 315 Page 1 of 1 Printed: 04/12/2011 9:47:14AM
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? 7
FILED-OFFICE
O THE PROTHONOTARY
2011 APR 28 AM 8: 510
CUMBERLAND COUNT "`
PENNSYLVANIA
QUALITY LAWN WORKS, INC.,
Plaintiff
VS.
MICHAEL J. PALSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DOCKET NO. 11-3592
N O T I C E
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 enter-
ing 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
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(800) 990-9108
By:
Jenni er B. Hipp, Esquire
Pa. I.D. No. 86556
James D. Bogar Law Offices
One West Main Street
Shiremanstown, PA 17011
(717) 737-8761
Attorneys for Plaintiff,
Quality Lawn Works, Inc.
QUALITY LAWN WORKS, INC.,
Plaintiff
VS.
MICHAEL J. PALSON,
Defendant
COMPLAINT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DOCKET NO. 11-3592
Quality Lawn Works, Inc., Plaintiff, by and through its attorney,
Jennifer B. Hipp, Esquire, respectfully represents as follows:
1. Plaintiff herein is Quality Lawn Works, Inc., a corporation
organized and existing under the laws of the Commonwealth of
Pennsylvania, having its principal office and a mailing address of 330
Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant herein is Michael J. Palson, an adult individual
residing at 290 Fairview Street, Carlisle, Cumberland County,
Pennsylvania 17013.
3. Upon the requests of Defendant, all of which occurred in
Cumberland County, Pennsylvania, Defendant requested and Plaintiff
agreed to supply certain materials and services, all in conjunction
with requests made by Defendant to supply those materials and services
to Defendant at his home located 290 Fairview Street, Carlisle,
Cumberland County, Pennsylvania.
4. On or about July 30, 2010, Joel D. Ramp, President, Quality
Lawn Works, Inc., visited Defendant's home, all at Defendant's request.
5. On or about July 30, 2010, Defendant requested that Plaintiff
perform certain landscaping services at Defendant's residence.
6. On or about August 9, 2010, Plaintiff commenced landscaping
work at Defendant's residence, all pursuant to Defendant's request.
7. During the course of Plaintiff's employees' landscaping work
at Defendant's residence, Defendant requested that Plaintiff install
certain paver patios at Defendant's residence.
8. Defendant provided Quality Lawn Works, Inc. with the
materials to install the paver patios.
9. The paver patios were installed in the rear and front of
Defendant's residence, in addition to the installation of a sidewalk at
the front of Defendant's residence.
10. The total cost of work being performed at Defendant's
residence was $6,600.00.
11. On or about August 13, 2010, Defendant provided Plaintiff
with a check in the amount of $1,400.00.
12. The check that the Defendant provided to Plaintiff was drawn
on an account entitled to "Energy Savings Solutions, Inc." a copy of
the check is attached hereto and incorporated herein as Exhibit "A".
13. A copy of an invoice marked "Paid" showed that the Defendant
paid the amount of $1,400.00 is attached hereto and incorporated herein
as Exhibit "B"
14. On September 6, 2010, Plaintiff submitted to Defendant and
Defendant's wife, Angela Palson, its invoice in the amount of
$5,200.00, which invoice statement represents the agreed-upon charges
for the goods and services provided by Plaintiff to Defendant. A true
and correct copy of the invoice is attached hereto as Exhibit "C" and
incorporated herein.
15. Despite Plaintiff's repeated demands, Defendant has failed
and refused to bring current and pay in full the amount billed as set
forth in Plaintiff's statement (see Exhibit "C") for a total amount due
and owing of $5,200.00.
16. Payments of all amounts were due to be made payable to
Plaintiff at 330 Cranes Gap Road, Carlisle, Pennsylvania 17013.
COUNT NO. 1 - BREACH OF CONTRACT
17. The averments of Paragraphs 1 through and including 16
hereinabove are incorporated herein by reference thereto.
18. By virtue of the contract between Plaintiff and Defendant,
Defendant agreed to pay, in full, the reasonable and necessary costs of
goods and services provided which outstanding balance as of April 12,
2011, was $5,200.00.
19. To date, Defendant, despite proper requests and demand by
Plaintiff, has not brought its account current.
WHEREFORE, Plaintiff demands judgment against Defendant, Michael
J. Palson, in the amount of $5,200.00, plus interest, together with the
costs of this action, attorneys' fees and any and all other relief
deemed just and appropriate.
COUNT NO. 2 - QUANTUM MERUIT/IMPLIED CONTRACT
20. The averments of Paragraphs 1 through and including 19
hereinabove are incorporated herein by reference thereto.
21. Pursuant to the requests made by Defendant, Plaintiff
provided goods and services to Defendant.
22. The reasonable and necessary charges for said goods and
services provided as requested by Defendant are in the total amount of
$5,200.00.
23. To date, Defendant, despite proper requests and demands by
Plaintiff, has not brought his account current.
24. By reason of Defendant's requests for the provision of goods
and services, Defendant impliedly promised to pay the reasonable and
necessary charges for same.
WHEREFORE, Plaintiff demands judgment against Defendant, Michael
J. Palson, in the amount of $5,200.00, plus interest, together with the
cost of this action, attorneys' fees and any and all other relief
deemed just and appropriate.
COUNT NO. 3 - UNJUST ENRICHMENT
25. The averments of Paragraphs 1 through and including 24
hereinabove are incorporated herein by reference thereto.
26. Defendant obtained goods and services from Plaintiff as set
forth herein. Plaintiff fully and adequately provided those goods and
services to Defendant as requested by Defendant.
27. As a direct and proximate result of Defendant's refusal to
pay the reasonable value of Plaintiff's goods and services from which
Defendant benefitted, Defendant has been unjustly enriched in the
amount of $5,200.00.
WHEREFORE, Plaintiff demands judgment against Defendant, Michael
J. Palson, in the amount of $5,200.00, plus interest, together with the
costs of this action, attorneys' fees and any and all other relief
deemed just and appropriate.
Date: April -28 , 2011
jll??t ?
Jennife B. ipp, Esquire
Pa. I.D No. 86556
James D. Bogar Law Offices
One West Main Street
Shiremanstown, PA 17011
(717) 737-8761
Attorney for Plaintiff,
Quality Lawn Works, Inc.
6
VERIFICATION
I verify that the statements made in this Complaint are true and
correct. I understand that unsworn statements herein are made subject
to the penalties of 18. Pa. C.S.A. § 4904, relating to unsworn
falsification to authorities.
Date: April 2011 - zyw?z
Jo D. mp, President
Quality Lawn Works, Inc.
7
1338
ENERGY SAVING SOLUTIONS, INC.
CARLISLE ACCOUNT
469 EAST NORTH STREET
CARLISLE, PA 17013
WACHOM BANK, N.A.
&50-310
8/13/2010
TO THE
)ER OF Quality Lawn Worms Inc. **1,400.00
)ne Tfrmusanr7 Frn l r H i rndred and 00/100*******' ?ww k*+ ** t*,t r t rx r r t t#*ew r**r, ?,t t*?tes t rx k** ?x t r** r* * r**** rr*s+ t DOLLARS
Quality Lawn Works, Inc.
330 oad
isle, Pa 17013
Fairview Street, Carlisle
11'0000 13 38
i
1:0 3 1000 50 31: 20000 30 116 3 5 711'
>I y
EXHIBIT
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Quality Lawn Works, Inc.
330 Cranes Gap Road
Carlisle, PA 17013
HIC #PA045281
Bill To
Michael Palson
Angela Palson
290 Fairview St.
Carlisle PA 17013
NO
Invoice
Date Invoice #
8/13/2010 2033C
P.O. No. Terms Project
Quantity Description Rate Amount
Installation of Brick Paver patio (down PMT.)
PA Sales Tax
V 1,400.00
6.00% 1,400.00
0.00
Thank you for your business.
? extiierr
Total $1,400.00
#Tel
Quality Lawn Works, Inc.
330 Cranes Gap Road
Carlisle, PA 17013
HIC #PA045281
Bill To
Michael Palson
Angela Palson
290 Fairview St.
Carlisle PA 17013
Invoice
Date Invoice #
9/6/2010 2057
P.O. No. Terms Project
Net 30
Quantity Description Rate Amount
Install 2 paver patios 5,200.00 5,200.00
Install paver sidewalk
Glue pavers to front porch
Install fire pit
PA Sales Tax 6.00% 0.00
l1 y?
It's been a pleasure working with you.
Total $5,200.00
EXHIBIT
MCI,
1i J
David -D. BuelT
Prothonotary
Office of the Prothonotary
Cum6er[and County, Pennsy[vania
2C1rkS. Sofionage, ESQ
Solicitor
ORDER OF TERMINATION OF COURT CASES
CIVIL TERM
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 ® Carlisle, TA ® (Phone 717 240-6195 0 FaX 717 240-6573