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HomeMy WebLinkAbout12-6700~~ COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, Count~f Of ('~.,~btt2l.,AN~ (NOTICE OF APPEAL FROM _---- I MAGISTERIAL DISTRICT .JUDGE JUDGMENT COMMON PLEAS No. /a _ (9 ~/Q[~ ~ yi ~ ~~jt1 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 Distri a Judge on the date and in the case referenced below. A.4.p - ~2p(vs~,.~~~. MAG. DIST. No. MQ~- CFi -Z ~-y Z,. S~s~rcq ~Q~u.~~~i~ ADDRESS OF APPELLANT CITY - -- ~~ ~ ~ t~ ~ ~ STATE ZIP COiJ'.= _-_-'1--- k-IARiUS'('Sy2~0 N~,~t i l ~ ~ ~ - - ----- DATE OF JUDGMENT IN THE CASE OF (PlainGll) ~ (Defendant)- 1©~ t~ ~2 SN~ISE~ t~e~v~e~iw+~ E'P~v~~e*-K.~s ~.DO ~i~e~tElZA2r5Z iMc.. --- -- DOCKET No. cicninTi ion nr noo~~ ~ n~~r,,,, ,,,,,,,,,,,~~.,,.., .,.~.,~ -- -- This block will be signed ONLY when this notation is required under Pa. R.C.P. D.J. No. 100313. This Notice of Appeal,. when received by the Magisterial District Judge, will operate as a SUPERSEDERS to the judgment for possession in this case. Signature of Prolhonolary or Deputy NAME OF MDJ NaN~2~-~i~ was claimant (see Pa. R. C. P. D.J. No. 1001(6) in action before a tiiagisterial District Judge..A uOPr1PL,41NT MUST BE r-ILED within haenty (20) days affer filing the NOTICE of APf~4L. ~ ~`' r~ ~ ~ __ -~~. (T7 C'7 rY' r- -'~ --- ~ ,_ ~ PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO Flf~;~ ~~ -~ ?v~ (This section of form to be used ONLY' when appellant was DEFENDANT (see Pa.R.C.F.D.J. Rio. 1001(7) ink betc~re I~Sterial District Judge. IF NOT USED, det<~ch from copy ofnotice of appeal to be served upon appellee. ,,-;,.!= ~ --~~ r. .n{... wr. ~Yq:~~ ...~ 1-W PRAECIPE: To Prothonotary ~ ---• Enter rule upon 5NU1'4C°S ~ ~ a~ ellee ___ __ _ l.. 1CCs4V,~-T--t p•1(~, E ~~ ~, tJ~ i~1~1L ~ i p (s), to file a complaint in this appe<~I Name of appellee(s) (Common Pleas No. ~a ..~/~0~ / ~ ~ • `"-~. )within twenty (20) days after service of rule or suffer entry of judgment of non pros. //} ignature of appellant or atforney or agent RULE: To - $t+c7~„t,` s ` xe:R4~~'~-r~r.- ~;~Lg~s ~I-aC~ i N C,.~ , aPPellee(s) PJame 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 oy 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 AGAINSI~ YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 ~ __ agv~tia n UeTt~- Prot notary YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. ~f03~.So Pry ~~ AOPC 312-05 Ca~ L' ~ ~' 8o2.5'y(o COM."vIONWEALTH OF PENNSYLVANIA ~ ~` ,~;, Notice of .~udgment/~'ranscript Civil COUNTY OF CUMBERLAND `,~c ~''~ tr~` a~~~ ~ ~~~ Case Mag. Dist. No: MDJ-09-2-02 MDJ Name: Honorable Jessica Brewbaker Address: 18 North Hanover Street, Suite 106 Business Central Building Carlisle, PA 17013 Telephone: 717-240-6564 A.D.D. Enterprise Inc PO Box 4 i70 c/o Dane Derr Harrisburg.. PA 17111 Disposition Summary Docket No Plaintiff Defendant MJ-09202-CV-0000096-2012 Snoke's Excavating & Paving, Inc A.D.D. Enterprise Inc; Judgment Summary Participant Joint/Several Liabilitv Individual Liability A.D.D. Enterprise Inc $0.00 $1,850.75 Snoke's Excavating & Paving. Inc $0.00 $0.00 Snoke's Excavating ,~ Paving, Inc v /~.D.D. Enterprise Inc Docket No: MJ-0920?_-C`J-OG00096-2012 Case Filed: 5/30/201 "? Disposition Disposition Date Judgment for Plaintiff 10/01/2012 Amount $1,850.75 $0.00 Judgment Detail ~"Post Judgment) In the matter of Snoke's Excavating & Paving, Inc vs. A.D.D. Enterprise Inc on 10/01/2012 the judgment was awarded as follows: Judgment Component JointlSeveral Liabilitv Individual Liabilitv Deposit Applied Amount Civil Judgment $0.00 $1,753.25 $1,753.25 Costs $0.00 $97.50 $97.50 Grand Total: $1,850.75 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 JUDGMEN (DEF3TUR F'AY'S iN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. C ~ fZ ~~ t ~.~ ` ~~ ~~~. ~ I Date Magisterial District Judge Jessica Brewbaker I certi y that this !s a true and correct copy o the record o the proceedings containing t e judgment. ~ _ Date Magisterial District Judge MDJS 31 ~ Page 1 of 2 Printed: 1001/2012 2:28:28PM Snoke's Excavating & Paving, Inc Docket No.: MJ-09202-C\/-0000096-2012 v. ADD Enterprise Inc Participant List Plaintiff(s) Snoke's Excavating & Paving, Inc 33 E. Main Street V'Jalnut Bottom, PA 17266 Defendant(s) A.D.D. Enterprise Inc PO Box 4770 cr'o Dane Derr Harrisburg, PA 17111 -- --------------------- MDJS 315 Page 2 of 2 Panted 1C?/01/2012 2:28:28PM Fr,LED-OF~~lCt. i~~~ ~~i~ P~?ai~HONQ~;~~Y 7012 NOY -5 Phl 2: 23 CUMB~RLA~dD COt1F~TY P£MNSYLVANIA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (70) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~~i~b~Q~NA ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served .SOD a copy of the Notice of Appeal, Common Pleas No. \~. ,upon the Magisterial District Judge designated therein on (date of service) ~, 20 1 ^ by personal service ]~ by (certified) (re~isiereaF) mail, sender's receipt attached hereto, and upon the appellee, (name) , on S-JCIGts GKCAvgT/NrO ~ i , 20 12, ^by personal service by (certified) (rec,~'stereby mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 2 DAY OF ~, 20 t v" ~ ~ ~r ra Sign~fure of official before whom affidavit was made ~~~~ Title of pfficial My commission expires oni !~, 20 NOTARI LAURIE A NEIDERT NM~ry- Public LOWER PAXTON TWP., DAUPHIN COUNTY My Commission Expi-ee Dec 13, 2015 ;~~~ ~ ~.1 Signature of affiant AOPC 312A - 05 r ~L~J-~ t' ~i.~T_^ STACY B. WOLF, ESQ. L' ~- ~ i { ~, P R O T ~'~ ~~ ~ i t=. ~~~ SUPREME COURT ID NO.88732 1 OOWEST H GH STREET ~~ 6 ~ ~~V ~ 0 ~~ ~ ~ : ` CARLISLE PA 170]3 n7-241-4x36 CUM'BERLARD COUt~~'~' ATTORNEY FOR PLAINTIFF p~~~~Y~VANIA SNOKE'S EXCAVATING and : IN THE COURT OF COMMON PLEAS OF PAVING, INC., :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : N0.2012 - 6700 A.D.D. ENTERPRISE, INC., Defendant :CIVIL ACTION -LAW 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 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 32 South Bedford Street Carlisle, PA 17013 717-249-3166 STACY B. WOLF, ESQ. SUPREME COURT ID N0.88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 ATTORNEY FOR PLAINTIFF SNOBE'S EXCAVATING and : IN THE COURT OF COMMON PLEAS OF PAVING, INC., :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : N0.2012 - 6700 A.D.D. ENTERPRISE, INC., Defendant :CIVIL ACTION -LAW COMPLAINT AND NOW comes the plaintiff, Snoke's Excavating and Paving, Inc., by and through its attorney, Stacy B. Wolf, Esquire, and sets forth this complaint averring as follows: 1. Plaintiff, Snoke's Excavating and Paving, Inc., is a corporation doing business within the Commonwealth of Pennsylvania and has a place of business at 33 E. Main Street, Walnut Bottom, Pennsylvania 17266. 2. Defendant, A.D.D. Enterprise, Inc., is a corporation doing business within the Commonwealth of Pennsylvania and has a mailing address of P.O. Box 4770, Harrisburg, Pennsylvania. 17111. 3. On or about July 7-9, 2010, Plaintiff performed work at the Carlisle High School football field in Carlisle, Pennsylvania. as a subcontractor at the request of Defendant, the project's contractor. 4. Plaintiff performed backhoe and excavation work. Plaintiffs statements of work completed including the hours spent on the project were signed with approval by Defendant. A true and correct copy of Plaintiff's statements of work completed is attached hereto as Exhibit A. 6. Following the completion of the work, Plaintiff submitted an invoice to Defendant in the amount of $1,753.25. A true and correct copy of Plaintiffs Invoice dated July 14, 2010 is attached hereto as Exhibit B. 7. Defendant has failed to pay the amount due to Plaintiff. COUNT I -BREACH OF CONTRACT Snake's Excavating & Paving, Inc. v. A.D.D. Ente rise, Inc. 8. Plaintiff incorporates by reference paragraphs 1 through 7 as if set forth in full herein. 9. Defendant's breach of its agreement to pay Plaintiff for the work Plaintiff performed at the Carlisle High School football field project has caused the damages suffered by Plaintiff. WHEREFORE, plaintiff, Snoke's Excavating & Paving, Inc., prays that this Honorable Court enter judgment for the plaintiff and against the defendant, A.D.D. Enterprise, Inc., in the amount of $1,753.25, plus interest and costs of this action and any additional relief the Court deems appropriate and just. Respectfully submitted, November02012 WOLF & WOLF BY: ~• .~ '~ STACYOLF, ESC Suprem ourt ID No. 10 West High Street Carlisle, PA 17013 (717) 241-4436 Attorney for Plaintiff .. STACY B. WOLF, ESQ. SUPREME COURT ID N0.88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 17013 717-241-4436 ATTORNEY FOR PLAINTIFF SNOBE'S EXCAVATING and : IN THE COURT OF COMMON PLEAS OF PAVING, INC., :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ~• : N0.2012 - 6700 A.D.D. ENTERPRISE, INC., Defendant :CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I personally served the following party with a copy of Plaintiff's Complaint on this date and in the manner indicated. SERVICE BY FIRST CLASS MAIL: Date: November ~0 2012 A.D.D. Enterprise, Inc. P.O. Box 4770 Harrisburg, PA 17111 _ ,~ cy B. Wolf, uire Attorney for Plaintiff FR0~1 (MON)NOV 18 2012 14:22AST,14:20INo.83018a_ VERIFICATICEN I, the undersigned, hereby verify that I am the President and an authorized tc~resentative of Snoke's Excavating & Paving, Inc. and that the facts stated in tha above complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein arc made subject to the penalties of 18 Pa. G.S. §4904, relating to unsworn falsification to authorities. November_~~~_Q _, 2012 Gkna W. 5nolaG, President Snaloe's Excavating and Paving, Inc. STACY B. WOLF, ESQ. SUPREME COURT ID N0.88732 WOLF & WOLF 10 WEST HIGH STREET CARLISLE PA 170]3 717-241-4436 ATTORNEY FOR PLAINTIFF SNOKE'S EXCAVATING and : IN THE COURT OF COMMON PLEAS OF PAVING, INC., :CUMBERLAND COUNTY, PENNSYLVANIA. Plaintiff v. A.D.D. ENTERPRISE, INC., Defendant N0.2012 - b700 CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I personally served the following party with a copy of Plaintiffls Complaint on this date and in the manner indicated. SERVICE BY FIRST CLASS MAIL: Date: November ~~ 2012 A.D.D. Enterprise, Inc. P.O. Box 4770 Harrisburg, PA 17111 __~ cy B. Wolf, uire Attorney for Plaintiff SNOKE'S EXCAVATING & PAVING, INC. In the Court of Common Pleas of Cumberland A.D.D. ENTERPRISE, IN #intiff t. County,Pennsylvania No. 12 -6700 Defendant Civil Action—Law. Oath We do solemnly swear(or affirm)that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth a at we wi discharge the d ur office with fAe4i4y,. Si Lure Sl'"ie Signaturj(4?� ..�" Kathleen K. Shaulis, Esq. JenijOer Hipp, Esq. Jeff Lawrence, Esq. Name(Chairman) Name Name Shaulis Law Office Bogar and Hipp Mooney and Associates Law Firm Law Firm Law Firm P.O. Box 1229 One West Main Street 2 South Hanover Street Address Address Address Carlisle PA 17013 Shiremanstown PA 17011 Carlisle PA 17013 City, Zip City, Zip city, zip Award We,the undersigned arbitrators,having been-duly appointed and sworn(or affirmed),make the following award: (Note: If damages for delay are awarded,they shall be separately stated.) couvt S-3. uc, t y)jcj-&s` - pl vs Cos,-A-zr.- ta t r\ -, A .Arbitrator,dissents.(Insert name if applicable.) Date of Hearing. Y '2 Date of Award: (Chairman) Notice of Entry of Award Now,the c9il-day-of� ,2{ / M.,the above j ,at award was entered upon the dockehereof given by mail to the parties or their attorneys. Arbitrators' CM ation to be paid upon appeal: $ i'llo-SZ) By: Prothonotary Deputy 20 13 APB' 24 CUMBERLAND coUTy PE14NS YLVANlA