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HomeMy WebLinkAbout05-5206I W. COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. saolo ct U t t7L" NOTICE OF APPEAL ??? J CITY /? ?b{ LIF' (:UUt AD ?T APPELLANT DAATE O JUDGME T IN THE CASE O(PLAINTIFF) YT'/1(D FEND T) , c LAM NO. SIGNATURE OF AP ELLAN HIS ATT RNEY OR NT CV YEAR LT YEAR This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. 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. gna ure o Prothonotary or Deputy If appellant was Claimant (see PA R.C.P.J.P. No. 1001(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 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 Prothonot y Enter rule upon 1'14f //?-? , appellee(s), to file a complaint in this appeal n I Name of appellee(s) (Common Pleas No. 0 S -??j?k C.lL?() within twenty (20) days after service of rule or suffer entry of judgme t of non pros. &tZ5' ignature of appellant or his actor or gent RULE: Tappellee(s) Name of appellee(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 WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: O C-4 dt e_/2 'k/ Year QtJ6 S ?i? Si a of Pro7notary or Deputy White Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. 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 the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF : ss AFFIDAVIT: I hereby swear or affirm that I served ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , year , ? by personal service [-]by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name , on , year _, Fiby personal service ? by (certified) (registered) mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on year by personal service [:]by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF YEAR Sgnature of Affiant Signature of official before whom affidavit was made Title of oBioAf My commission expires on year %v vt ki to C7 '" Q I ° ..p C ° O -n ' © -a t? -C-)-t nib t 'M 7 i ap K WMMONWEALTH OF PENNSYLVANIA COUNTY OF: Mag- Dist. No.: 09-2-01 MDJ Name: Hon. . PAULA P. CORREAL Address: 1 COURTHOUSE 'SQ CARLISLE, PA 1 Telephone: (717 ) 240-6564 i 17013-0000 WESTHAFER CONSTRUCTION, INC. 120 WEST ALLEN STREET MECHANICSBURG, PA 17055 NOTICE OF JUDGMENTITRANSCRIPT PLAlfyrrlFF: CIVIL CASE NAME and ADDRESS rCARLISLE CEMENT PRODUCTS INC 510 E NORTH ST PO BOX 617 LCA$LISLE, PA 17013 VS. DEFENDANT: NAME and ADDRESS [*ESTHAFER CONSTRUCTION, INC. 120 NEST ALLEN STREET MECHANICSBURG, PA 17055 L Docket No.: CV-0000269-05 Date Filed: 7/05/05 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PIATNTTFF ® Judgment was entered for: (Name) t ART.T9T.1m t--=E= p eCMTlelrg TNc 0 Judgment was entered against: (Name) NESTHAFER L' ONSI'rRucTIAN, INC- _ in the amount of $ 3, eye : 6B on: (Date of Judgment) g f7g/e5 F1 Defendants are jointly and severally liable. (Date & Time) Damages will be assessed on: 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 $ Amount of Judgment $ 2,959.05 Judgment Costs $ 111.63 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 3,070.68 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ I I 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 JUDGMEaTITRANSCRtPT 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. Date ,Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge My commission expires first Monday of January, 2006 . SEAL AOPC 315-05 DATE PRINTED: 9/26/05 1:32:03 PM OF •E , ; .',! ?^,y ;MIRY 2005OCT lzR1 n: Ol - Ily 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 the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Ap al, Common Pleas No. y upon the District Justice designated therein on (date of service) , year I?`?'I' by person/alA;;grvice.??'4','y{y (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name L?FiI/'4/ ?!??Cf[e'lS` , on year ar _, ? by personal service by (certified) (registered) mail, sender's receipt attached hereto. and further that I served the Rule to File a mplaint accompanying the above Notice of Appeal upon the appelylee s) to whom the Rule was addressed on lele? , year 0 by personal service l?Jby (certified) (registered) mail, sender's receipt attached hereto. Y SWORN (AF IRMED) AND SUBSCRIBED BEFORE ME /? THIS ? DAY OF YEAR sgnaNre of Afflanf signature of official baf a w 't afndaW was Mode Tft of official ?.. My commission expires on. , year,X,6? NOTARIAL SEAL Kimberly A. Thebes, Notary Public Lower Paxton Twp., County of Dauphin My Commission Expires Jan. 19, 2008 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. a S - f o (Y' C; L' I M 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 Dis- trict Justice on the date and in the case mentioned below. MAE. DIST. NO. OR NAME OF CV YEAR LT YEAR CITY ?RTATE ZIP CODE This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 10088. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. gna ure o ro ono ry w epu y If appehfn-t was Claimant (see PA R.C.P.J.P. No. 1001(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 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 /?'J ?/l Enter rule upon If / („ 72,:f 12tF/a?kla 4'C , appellee(s), to file a complaint in this appeal Name of appellees) (Common Pleas No. S u? Jb Of L,, U within twenty (20) days after service of rule or suffer entry of judgme of non pros. . ,•• i. i, --signature of appellant or his attoi r gent RULE: T appellee(s) ame of appellee(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 WILL BE ENTERED AGAINST YOU UPON PRAECtPE:. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: ci c_tL Year _. Qfe)Li? t, ' Si a of Prot M notary or Deputy White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Froth. - 76 Carlisle Cement Products, Inc., VS. Westhafer Construction, Inc., Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-5206 CIVIL ACTION JURY TRIAL DEMANDED 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. Pennsylvania Lawyer Referral Service 100 South Street Harrisburg, PA 17108-0186 (800) 692-7375 IN THE COURT OF COMMON PLEAS OF Carlisle Cement Products, Inc., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No. 05-5206 Westhafer Construction, Inc., CIVIL ACTION Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Carlisle Cement Products, Inc., by and through its counsel, Melissa K. Dively, Esquire of the law firm of SALZMANN HUGHES, P.C., and respectfully represents as follows in support of this Complaint: 1. Plaintiff is Carlisle Cement Products, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its registered office at 510 East North Street, Carlisle, Pennsylvania (hereinafter referred to as "Plaintiff') 2. Defendant is Westhafer Construction, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its registered office at 71 Silver Crown Drive, Mechanicsburg, Pennsylvania, (hereinafter referred to as "Defendant"). 3. Plaintiff operates a business which supplies cement and masonry related products to retailers, contractors, and consumers. 4. Defendant requested that Plaintiff extend credit to Defendant to accommodate the Defendant's purchase for Plaintiff's products. 5. Plaintiff granted Defendant's request for credit and established a credit account for Defendant. 6. From approximately August 2004 to approximately February 2005, Defendant requested that Plaintiff supply the Defendant with products, the cost of which was billed to Defendant's credit account. 7. The products were delivered in the quantities and for the prices set forth on invoices provided to the Defendant. (A copy of an invoice provided to the Defendant is attached hereto and incorporated herein as Exhibit "A") 8. Said invoices were provided to Defendant upon delivery of products and a summary of the charges were included in a billing statement. 9. Defendant received and continues to receive monthly billing statements reflecting the invoiced amounts. (A copy of one of Defendant's monthly billing statement reflecting the overdue balance is attached hereto as Exhibit "B" and incorporated herein by reference.) 10. The prices that Plaintiff charged Defendant for its products are fair, reasonable market prices and they are the prices which Defendant agreed to pay. 11. All credits, if any, to which Defendant was entitled are set forth as shown on Exhibit "B" 14. The balance due and owing on the account of the Defendant as reflected in Exhibit "B" is the sum of Two Thousand, Nine Hundred and Twenty Three Dollars and Ninety Cents ($2,923.90). 15. Plaintiff sent Defendant a letter demanding payment of the amount due and owing. (A copy of the letter demanding payment is attached hereto as Exhibit "C" and incorporated herein by reference.) 16. Although demand has been made, Defendant has failed to make payment of the amount due and owing. 17. Defendant has at no time disputed the amount due or made a claim to Plaintiff that the products that the Plaintiff provided were in any way unacceptable. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant in the amount of Two Thousand, Nine Hundred Fifty Nine Dollars and Five Cents ($2,959.05) plus interest and costs of this action which amount exceeds the amount required for submission to arbitration pursuant to local court rules. Respectfully submitted, SALZMANN HUGHES, P.C. Date: ce T ZZ S BY - ?__ Melissa K. Dively, Esquire Attorney ID# 36780 455 Phoenix Drive; Suite A Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff VERIFICATION I verify that all the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief and that any false statements made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: ?Z By: Its: CERTIFICATE OF SERVICE I hereby certify that on this ? day of December, 2005, I served a true and correct copy of the foregoing document via United States first class mail, postage prepaid, addressed as follows: Steven C. Courtney, Esquire Law Offices of Steven C. Courtney, P.C. 2215 Forest Hills Drive, Suite 36 Harrisburg, PA 17112 Me ass . ively, squire Attorney ID # 36780 455 Phoenix Drive; Suite A Chambersburg, PA 17201 Phone: (717) 263-2121 Facsimile: (717) 263-0663 EXHIBIT A CARLISLE CEMENT PRODUCTS COMPANY INC. MAIL: P.O. BOX 617 SHIP: 510 EAST NORTH STREET CARLISLE, PA 17013-0617 Bill To WESTHAFER CONSTRUCTION INC. 120 WEST ALLEN STREET MECHANICSBURG. PA 17055 Invoice Date Invoice # 10/11/2004 47621 Ship To WESTHAFER CONSTRUCTION INC. 120 WEST ALLEN STREET MECHANICSBURG, PA 17055 P.O. No. Terms Rep Ship Via F.O.B. Project HOUSE 2%10 Net 30 H 10/11/2004 DELIVER... Quantity Item Code Description Price Each Amount 220 10" STD DL C... IOX8X16 STD BLOCK 0.95 209.OOT 20 10" 45 DEG.C... 1 OXBX 16 45 DEGREE CORNER 2.93 58.60T 46 10" FHA KN... 10" FHA KNOCKOUT 1.25 1 57.50T 7 PORT/LIME "... TYPE "S" PORT/LIME BLEND 7.25 50.75T 1 YELLOW SA... PRICED PER TON/YELLOW SAND 26.50 26.50T 18 WALL TIES/I... INDIVIDUAL WALL TIES 0.05 0.90T 2 BLOCK VENT BLOCK VENT 15.75 31.50T SUBTOTAL 434.75 DISCOUNT $ 8.68 BY THE 10TH NET 30 2 CCP PALLETS CCP PALLET 10.50 CREDIT WHEN 12.50 25.OOT RETURNED I I i 6.00%1 I 27.59 I Total $487.34 EXHIBIT B CARLISLE, etN'a ;PPODU TTS, EvC, P.O. BOX 617 CARLISLE, PA 17013-0617 DATE 2/23.12005 (717) 243.3323 TO: MMS-11WFER CONSTRUCTION INC. 120 WEST ALLEN STREET MECHANICSBURG, IA. 17055 $2,923.90 01/26/2005 Ba?ance forward 02/2212005 INV #2371 1 2,846.06 27_R4 2,923.90 EXHIBIT C 'CARLISLE CEMENT PRODUCTS CO., INC. CARLISLE PA MAILING ADDRESS OFFICE/PLANT P.O. BOX 617 510 E. NORTH ST. RETAIL OFFICE (717) 243-5323 MANUFACTURING (717) 243-1225 FAX (717) 243-6604 March 9, 2005 Westhafer Construction Dear sir or madam; In reviewing your account, we are showing a current balance of $2923.90, which is past due. Several attempts have been made to contact you by phone, and were unsuccessful. Therefore, we are requiring payment in full or a payment arrangement within ten (10) days of the date of this letter. Please be advised that this letter shall serve as a formal written demand for the balance due. If voluntary payment is not made within ten (10) days, we will take whatever steps available to collect the total amount due, to include all costs and attorney's fees where applicable. If you have any questions, please contact us immediately to avoid further legal action. Since eI ohn M. Ru President / / Cc: Salzmann, Hughes & Fishman, P.C. T .n T n,J ci -? vl Curtis R. Long Prothonotary office of the Protbonotarp Cumberiana Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor D S - Srv26Go, CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 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, CURTIS R. LONG PROTHONOTARY nnP r nnrthnncP Rnmire - Carlisle. Pennsvivania 17013 - (717) 240-6195 - Fax (717) 240-6573