HomeMy WebLinkAbout05-1538
.
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of Cumberland
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. OS IS::;}? 6uJ
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
Sudhakar Balasankar
ADDRESS OF APPELLANT
MAG. OI$T. NO.
09-1-02
NAME OF D.J.
Robert V. Manlove
1 Mandy Court
DATE OF JUDGMENT
CITY
Camp Hill
STATE
FA
ZIP CODE
17011
3/07/05
DOCKET No.
IIN THE CASE OF (pfaliJlrW)
Carlson Construction, Inc.
.,
(Defendant)'
Sudhakar Balasankar
CV-0000051-05
SIGNATURE OF AP~EL~NT OR f"TTORNEY OR AGENT
~{~
Anthony T. Lucido, Esquire
If appellant was Claimant (see Pa. RG.P.D.J. No. 1001(6) in action
This block will be signed ONLY when this notation is required under Pa.
R.C,P.D.J, No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
before a District Justice, A COMPLAINT MUSr BE FILED within twenty
(20) days aNer ffling the NO TleE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This secf/on of form to be used ONL Y when appellant was DEFENDANT (see Pa.R.CPD.J. No. 1001(7) in action before District Jusfice. IF
NOT USED, detach from copy of notice of appeal to be seNed upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon Carlson Construction, Inc.
appellee(s), to file a complaint in this appeal
N.me of appel/ee(s)
(Common Pleas No, _ ?'5. /.s~ .j,'<;j' ~_) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
C::'~
Sifl{lature 01 8fJPR1jlanf or~ftomey.or agent
Anthony T. Luc~do, ~squlre
RULE: To Carlson Construction, Inc.
----..-"
Name of appel/ee(s)
, appellee(s)
(1) You are notified that a rule is hereby entered upon you to file a compiaint 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 In:t-u-It ;Jd.. 20 ~5"
~' !;.;u&t,1!ofary~
YOU MUST INCLUDE A COpy OF THE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURl FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(fhis proot at service MUST BE FILED WITHIN TEN (to) DA YS AFTER filing 01 Ihe nollce 01 appeal Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
,55
AFFIDAVIT:
I hereby (swear) (affirm) that I served
o
a copy of ihe Notice of Appeal, Common Pleas No,
, upon the District Justice deSignated therein Ot)
(date 01 semeo)
,20
o by personal service
by
(registored) mail,
sender's receipt attached hereto, and upon the appellee, (name)
, 20 0 by personal service
or:
by (certified)
mail,
sender's receipt attached hereto,
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THiS DAY OF ,20
SiqfJcfure of affianl
Signa/un> Of official before whom affidavit was made
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Aope 312A, 02
lIOMMONWEAL TH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
" Mag Oist_ No~
09-1-02
NOTICE OF JUDGMENTffRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
icJuu.SON CONSTRUCTION INC -,
1208 SUMMIT WAY
HECHANl:CSBURG, PA 17050
L --1
VS.
MDJ Name: Hon
ROBERT V. MANLOVE
Add"" 1901 STATE ST
CAMP HILL, PA
17011-0000
DEFENDANT:
fiALAS.ARAR, SUDBAXAR
1 MANDY CT
CAMP HILL, PA 17011
L
NAME and ADDRESS
T,I'phoo' (717) 761-0583
-,
SUDBAXAR. BALAS.ARAR
1 HANDY CT
CAMP SILL, PA 17011
Docket No.: CV-0000051-05
Date Filed: 1/28/05
.-J
-
THIS IS TO NOTIFY YOU THAT:
Judgment:
POll. PIJl:IN'T:IPP
[i]
[i]
Judgment was entered for:
(Name)
I"It. VT.Rn1lT I'n1lTR'l'VnI'TTn1lT ,
TVI'
Judgment was entered against: (Name)
'RaT.a.Aa,1iI1ra.V r Rnn'A'a.ra.v
in the amount of $
::1,075 19 on:
(Date of Judgment)
::1/07/05
.
o Defendants are jointly and severally liable.
o Damages will be assessed on:
o This case dismissed without prejudice,
(Date & Time)
O Amount of Judgment Subject to
Attachment/42 Pa.C.S. 9 8127 $
o Portion of Judgment for physical
damages arising out of residential
lease $
Amount of Judgment $ 2.975.83
Judgment Costs $ 99.36
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 3.075.19
Post Judgment Credits $
Post Judgment Costs $
------------
------------
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 PRDTHONOTARY/CLERK OF THE 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
JUDGEMENT 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 MAYBE 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.
, Magisterial DistrictJudge
proceedings con~\lfning tne judgment.
, '"
, "8iIa~t~1 DIStrict Judge
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My commission expires first Monday of January, 2006 .
\
SEAL
AOPC 315-05
DATE PRINTED:
3/07/05 11:23:59 AM
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINl
(Tliis proof of servIce MUST BE FiLED WITH/N TEN ,(10) DA YS AFTER tHing of UK' notE::e of appear Chec.k voXicable boxes.)
COMMONWEALTH OF f'ENNSYLVANIA
COUNTY OF Cumberland
AFFIDAVIT:
I hereby (swear) (affirm) that J s0:rved
IX]
(dale; of service) March 24
2005
a copy ot the Notice of Appeal, Common Pleas No. 05 -15 3 8 ' upon the District ,1ustice design Hod therein on
(r gi:3wred) mall,
o by oersonaJ serv::cc: IX] by
sender's receipt attached hereto, and upon the appellee, (name) C 1 C tr t'
ar son ons uc 10
March 24 ' 20 05 0 by personal service !rJ by (certified) (roglS
sender's receipt attached hemtc.
(SWORN) (AtlIRMED) ANo..;w.Jl,.S SCf\J6ED 8E!ORE ~b
THIS~) . DAY(~~~fft'l(~ ,"OOS'
ct.~c/ affi
Signa:;ZZ&IOm tfZT~'dO
Tiile of official 7
My commisSIon expires on
,20
NOTARIAL SEAl
"cromA L OTTO. NOTARY 1'tJ8L1C
CARllstE 80RO CUM8ERlAllD COUNTY
MY COIlIMISSlOil PIRES DEC.
AOPC 312A - 02
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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.
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
I NAME OF D,J.
STATE
ZIP CODE
ADDRESS OF APPELLANT
I MAG. OIST. NO
CITY
t;,
DATE OF JUDGMENT
fiN THE CASE OF (Plaintiff)
(Defendant)'
DOCKET No.
.,
SIGNATURE OF APPEl~NT OR ATTORNEY OR AGENT
This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.CP.O.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.
Signa/ure of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONL Y when appellanf 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 fo be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No.
) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of aRPellanf or attorney or agent
RULE: To , appellee(s)
Name of appellee(s)
(1) You ar.~-QQtifiedthat 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 ybu 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 ofProthonofary or Deputy
YOU MUST INCLUDE A COpy OF THE NOTICE OF JUDGMENTrrRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURT FILE
~~
REAGER & ADLER, P.C.
BY: LINUS E. FENICLE, ESQUIRE
Attorney LD, No. 20944
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763.1383
Facsimile: (717) 730-7366
Email: LFenicle@ReagerAdlerPC.com
Attornevs for Plaintiff
CARLSON CONSTRUCTION, INe.
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
v.
: NO. 05-1538 CIVIL
SUDHAKAR BALASANKAR,
Defendant
NOTICE
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 reliefrequested 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 Street
Carlisle, PA 17013
(717) 249-3166
800.990.9108
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de la
fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en
persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus
objeciones alas 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 previa
aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en ia peticion de
demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes
para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. 51 NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249.3166
800.990.9108
REAGER & ADLER, P.c.
BY: LINUS E. FENICLE, ESQUIRE
Attorney LD. No. 20944
2331 Market Street
Camp Hill, P A 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Email: LFenic1e@ReagerAdlerPC.com
Attornevs for Plaintiff
CARLSON CONSTRUCTION, INC.
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANlA
v.
: NO. 05-1538 CNIL
SUDHAKAR BALASANKAR,
Defendant
COMPLAINT
AND NOW comes Plaintiff, through his attorneys, REAGER & ADLER, PC, and
makes this Complaint as follows:
1. Plaintiff is Carlson Construction,lnc., a Pennsylvania corporation with an
address of 1208 Summit Way, Mechanicsburg, PA 17050.
2. Defendant is Sudhakar Balasankar, an adult individual residing at I
Mandy Court, Camp Hill, P A 17011.
3. On or about January 17,2002, Plaintiff and Defendant entered into an
agreement for professional services, a copy of said Agreement attached hereto and
marked Exhibit "A".
4. Pursuant to said Agreement, Plaintiff furnished services to Sudhakar
Balasankar as set forth in the letter of July 21, 2004 sent to Defendant and attached hereto
as Exhibit "B".
5. Despite demand, Defendant has failed to pay the Plaintiff for said services.
6. Plaintiff has performed all conditions and payment is due Plaintiff from
Defendant.
WHEREFORE, Plain1iffrequests judgment against Defendant in the amount of
$2,975.83 together with interest and costs herein,
Respectfully submitted,
DATED: 'I/;f/P.5
REAGER & ADLER, PC
kf
BY:
Linus E. Fenicle, sqUire
I.D. No. 20944
2331 Market Street
Canlp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Attorneys for Plaintiff,
Carlson Construction, Inc.
2
VERIFICATION
I, George M.A. Carlson, hereby verify and state that the facts set forth
in the foregoing pleading are true and correct to the best of my
information, knowledge and belief, I understand that false statements
herein are made subject to the penalties of 18 Pa,C.S.A. section 4904
relating to unsworn verification to authorities.
'i-If OS-
~fi
(jj)~
George M.A Carlson
_~~h,b) A
---------
,
.. CU.bN
con5.truction
~I~~ inc.
George M.A. Carlson, Presiden
1085 Country Club Road
Camp Hill, PA 17011
(717) 975-0834
Fax (71 7) 975-3986
PROFESSIONAL SERVICES AGREEMENT
CARLSON CONSTRUCTION, INC.
Carlson Construction, Inc. is a full service Builder. We specialize in working with our clients in
the early stages of the home design process and we are able to supply the professional help to
turn your drelllIls into reality. We have designed a five-phase system to help you easily achieve
this goal.
PHASE I - Introduction
. Initial meeting with client. Consists of mutual interview between you and the builder.
. DiscllSsion of your requirements and desires including the home, lot, location, and
budget.
· Discussion ofthe design, building process and estimated timetables.
· If after this meeting it makes sense to both parties to continue we enter the next phase.
PHASE II - Plan Re,::iew and Pricing - $500.00 Investment
. Field inspection of a lot or lots to detennine the suitability of the home being considered.
. Discussion and review of our plans or yours in an attempt to refme and accommodate
your desires and budget.
· Review of interior and exterior selections and other items that have bearing on the price.
. To complete this phase a $500,00 deposit is required to cover the expense of creating the
estimate. If plans have to be drawn prior to pricing due to the complexity of the design or
because of substantial modifications to stock plans, a larger deposit will be required to
cover the architectural expenses as well. Occasionally our Design Coordinator may be
called in to help you with the selection of products at this phase in order to make the
pricing as accurate as possible and her fee is $35.00/hr. There is no fee for the Builder's
services at this phase,
PHASE III - Review of pricing, options and selections
. Further refmement of plans, pricing, and options until you are comfortable with the
verbal presentation of the home and the reviewing of major cost options.
PHASE IV-Creation of your job book - $1,000,00 Investment
. Your Job Book will describe in detail all the items contained in the home as well as any
relevant pictures or product specification literature.
· The Job Book will also contain the necessary Construction Agreements outlining your
responsibilities as well as those of the Builder.
PH"" 1 of?
. Your home will be built according to what is described in the book so we will spend as
much time as necessary to guarantee its accuracy,
. You now have everything you need from your Builder to start the mortgage process
except for the final plans. If at this phase you decide not to continue with Carlson
Construction, Inc, a fee of$I,OOO.OO is necessary to cover the cost Dfpreparingthe
documents.
PHASE V - Final Plans
",
. Now that the Specifications and preliminary plans have been agreed on, the fmal detailed
construction plans can be completed. These will be needed. by the mortgage company
and the Buiider for construction. If at this phase you do not continue with the
construction of your home, it will be necessary for you to pay for the architectural fees as
well as the time the B).Iilder spent developing your plans and specifications. The architect
rate is approximately $65/hr and the Builder is $50/hr.
All fees and costs will be credited to you when construction is started and will be included in the
total home investment.
I (We) have read and understand the Phase approach designed by Carlson Construction, Inc. to
help us achieve our goal. We agree to use this approach knowing that the Builder and we reserve
the right to terminate this agreement at any time. If this agreement is terminated for whatever
reason, all deposits will be returned less the fees as outlined in this agreement.
~~-
Owner
'/17/02-,
Date
1(, e \h-
Own
,C1.
\ j! l' I ~Z--
Date
/-11-04
Date
Builder
1-2-02
Pa17e 7. of 7.
.'
CAIlOti
con5.truction
~U~ inc.
George M,A, Carlson, Presiden
1.085 Country Club Road
Camp Hill, PA 17011
(717) 975-0834
Fax (717) 975-3986
TO: Carlson Construction, Inc.
I authorize Carlson Construction, Inc. to design and produce drawings suitable for the
construction of our new home.
I understand and agree that any and all prints, drawings, renderings, or sketches provided
to me are the sole property of Carlson Construction, Inc. I also agree that I will not provide,
give, lend, copy, allow to be copied, duplicated, or in any form transferred to any other builder,
person, organization, partnership, or corporation without the express written consent of their
owner, Carlson Construction, Inc. '
Should any transfer occur, or should we not build the house for whatever reason, I agree
to reimburse Carlson Construction, Inc. an amount equal to its expenses that occurred in their
,Je.ve}0p~p.t, including time, material, and printing which we estimate to be approximately
,( $1,500.00 f~2,000.00. -
, '. >---'7 .
.~.......;...
I understand I will be provided prints of the home for our records and use at or before the
start of construction, and that a preliminary plan will be available for appraisal purposes,
Signed: ~~,
, Witness:
For~~on can, Inc.:
-
Date: )-l1-0'2
c~\~\~ ]
CAltON
.
con,tructlon
~I~m inc,
George M.A. Carlson, Presidel
1085 Country Club Road
Camp HiU, PA 17011
(717) 975-0834
Fax (717) 975-3986
July 21, 2004
Sudhakar Balasankar
I Mandy Court
Camp Hill, PA 17011
Dear Mr. Balasankar,
Obviously you have decided to do something with your lot in Witney Ridge other
than with Carlson Construction, Inc, That is fine and I hope we were of some assistance
in helping you define and refine your home plans and specifications, As per the
Professional Services Agreement which you and Archana signed, we are requesting
payment for the following amotmts:
Plan Review and Pricing
$ 500,00
Time spent with our Design Coordinator
making selections - 11 hours @ $35,OO/hr,
385.00
Architectural Drawings and printing costs
(Invoices enclosed)
2.090,83
Total
$ 2,975.83
J, .... ~._ ,
-'-\:.c
We have paid these bills so your prompt reply would be appreciated.
Cc GaryForsyth
The Homestead Group
CERTIFICATE OF SERVICE
I hereby certify that on the date set forth below a true and correct copy of the
foregoing document was served on the following individuals via United States First Class
Mail, postage prepaid as follows:
Anthony T. Lucido, Esquire
Martson, Deardorff, Williams & Otto
10 East High Street
Carlisle, P A 17013
Dated:
I Iii /~;"
Linus E. Fenicie, Esquire
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REAGER & ADLER, P.C.
BY: LINUS E. FENICLE, ESQUIRE
Attorney J.D. No. 20944
2331 Market Street
Camp Hill, P A 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Email: LFenicle@ReagerAdlerPC.com
Attornevs for Plaintiff
CARLSON CONSTRUCTION, INC.
Plaintiff
v.
SUDHAKAR BALASANKAR,
Defendant
TO THE PROTHONOTARY:
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 05-1538 CIVIL
PRAECIPE
",>4
Please mark the above captioned matter as I^tirM!a, settled and discontinued.
Dated: 1/J jvf'
By:
Respectfully submitted,
Attorneys for Plaintiff
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