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Home My WebLink About05-5216 ...-" -, COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. OS - f":l.11o Cl'L>iL~~1 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. NAME OF APPELLANT MAG, DIST, NO. OR NAME OF D.J, ADDRESS OF APPELLANT CITY oq-l-ol STi/r (DEFENDANT) ZIP CODE Jack and Jeaffilie Cal~llo ISJ~ SJ(JI..re DATE OF JUDGMENT f1,/ll<oa& IN THE CASE OF (PLAINTIFF) .sk( Cou/kr h~ ~29-(?s ~ ~AII'1f.J /ofJ U l'"loJI CV YEAR L T YEAR e://o CLAIM NO. )( 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. 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. ::iI{JnafUre 01 protnonorary or ueputy 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.1 001 (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 5tf Jj 4JIAJfer Ut-/J2..SCP.f e. ,appellee(s), to file a complaint in this appeal I Name of appel/ee(s) (Common Pleas No.{)~ -!:'J tin (},: j I."G within twenty (20) days after service of rul ~ 182-~ RULE: To 5ktp ~~!'~/!:(faJ5~ ,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: {!)('fc),bf!J? "- C; ,Year ~MS White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 ,.-.... .'" 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 AFFJDA VIT: I hereby swear or affirm that I served o a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , year , Dby personal service Dby (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, fname , on , year __' 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. o 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 , 0 by personal ,service Dby (certified) (registered) mail, sender's receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ,YEAR Signature of Affiant Signature of officiaf before whom affidavff was made ~ ~ ~ ~ LJ ~ P- r~ --1:-- ~ Tme of official (J ~ My commission expires on 1 , year - {"- ..() tS D (") ;~;~ L- , (I. :, -.; iE .)--'''r-. .:=;; "'-; =< ~ = = Con o ("") --1 , U1 o ., -4 fh::n r- um ---7 -(j (J __ ::;:1 ~;?, ;:~:u "=;:c> om ::r.;! ::0 -< ~ 0::> W N ",...~OMMONWEAL TH OF PENNSYLVANIA COUNTY OF: COMBBRLABD 09-1-01 NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS ~KIP COULTBR LANDSCAPB IRC I 212 CRBBnOOD DR CAMP BILL, PA 17011 L ~ Mag. Dis!. No: MDJ Name: Hon. CHARLBS A. CLBHBRT, J1l Address: 400 BRIDGB ST OLDB TOWllB COMMONS -SUITB 3 NEW COMBBRLABD, PA Telephone (717 ) 774-5989 17070 VS. DR & HaS CAPBLLO (JACK/JBARNIB) 1515 SLATB BILL ROAD CAMP BILL, PA 17011 DEFENDANT: NAME and ADDRESS ~R & HaS CAPBLLO (JACK/JBARNIB) 1515 SLATB BILL ROAD CAMP BILL, PA 17011 L Docket No.: CV-0000529-05 Date Filed: 8/24/05 I ~ THIS IS TO NOTIFY YOU THAT: Judgment: POR PLA:rRT:rPP [i] [i] Judgment was entered for: (Name) A1fTP t'!nm....'R'R T.&1Infl('&PR TNt'! Judgment was entered against: (Name) DR ~ MR8 t'!&PRLLO (JACX/.TR&NN:rR) in the amount of $ ~,2"~ 1q on: (Date of Judgment) q/2~/oS .. .. D Defendants are jointly and severally liable. D Damages will be assessed on: D This case dismissed without prejudice. (Date & Time) D Amount of Judgment Subject to Attachment/42 Pa.C.S. ~ 8127 $ o Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 3,179.69 Judgment Costs $ 85.50 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 3,265.19 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 PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTfTRANSCRIPT 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 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. SEP 2-'3 2005 Date ~ .~- , Magisteria,l 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, 2008 SEAL AOPC 315-05 DATB PRINTED: 9/23/05 11:15:46 AM ".....,~... ~...."", "'- ru ' i.... t to j,t i~ ~l_ to ~1,ij..b:I;..ti'''_'''~':'f,.;;M'~.~;.L;lW''''''$'~ .' o F:t::~~:,,~~~,:I[". ;-'!:,Tit.; I I'!fL': -:~';H,;, 01 IT' 01,- rn,---3~Z____ ~ LUll '8e' '0" __2.- 2_<?~--l Postmark o ;\1'01'-"[1 . <' (llldcsel~;ell! '1,- ,';.i: "Here :----!.~-~;.:~\) o RDShc18d Oe11V(1) ;'(;( c. S'" ...D (Endorsemellt Requil ed' .- ~ ;1' V ' ~ Tata! Posts9tJ & ['"(lec: $ ~ C( 2- \'S:J! Lr'J ......-.-.- ~ SeoliO cftt>. [~- c Ie ""'" .J'r J' ( r'- ;:r~~:::::~ --.-. .~" D0"-~~~l-i-'-,^:~N~%U<e.. ),'\.,,+...0.' ::.' i;;~S~~~}~~~~~~~~~~~~~ ciiY:'St,ii';:Zh. .... _ . _ iVtw fA Ilo"')D PS Form 3800, June 2002 See Reverse for Instructions jl,j~l,i:'I~:11 , i i lj!ilf~4ji II I~I ~r ~: " 'llIl1l1i 1111111 It .1lI11t n ru F')\;)'I' .:r .:r fill" F"l ) rn , .-'l ei~' F, f l"cJiriC 0 0 ~I';~:jil;; ~ 0 ,S, 1~111 ~ (' I, 1, 0 " ..D " n rn " 0 (i "A:: I .-'l 0 0 H f'- !!!iilil;;;J'iiliill." PROOF OF SERVICE OF NOTICIi OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER IIlinq the notice of appeal. ~:'H)ck applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ,:::.1/. /v/ 6 ,"iLA1V /J ; 58 AFFI DAVIT: I hereby swear or affirm that I served lZf a copy 01 Ihe Notice of Appeal, Common Pleas No, -.!J5 _' 52. ( "" __,., ____' upon 'he DIs"",' .Jus"ce designa'ed to"",In on (date of service) () C T (0 I year 2rl>5 , Dby personal servic.e !t]by (ce~ltIPdl (regIstered) rnail, sender's receipt attached hereto, and upon the appellee, (name >/L.( iJ C- '.~/1~ ~ __c.:..~, rvt,:~~~:__ :Bvc: on (J C- t' to ,year 2c.t~. 0 by personal rservice IZl by (certified) (registE!red) mail '''~nder.., receipt attacher! hereto ri9- and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal u~on thp am'ellel?is) to whom the Rule was addressed on () ('f (0 , year _/Q1~~__., 0 by personal serll;:( [3hv (certified) Ireql~;tered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS b.fh DAY OF c7cro!5r'1?. , YEAR 2m$', ~natule o,Z::::. ~:tlf!made Title of official LYNN EHRENFB.D. NOTARY ptBJC LEIIOIllE 1IOIlO.. Q- ,. ~ co. My commission expires on MY 1,'" \,~-) (,'J'" c--. '::",,~,,~.--:::" '"--o;;;:;;~" -------.--. ,""- " '" .' (I, . I r , . .' ':'" .., ,/ ,~~"~~, '-''''l,..j~l'.' ~ Sql'.!ll";) 01 Affiant rj r"': c (:-.... c: ,: 1'<' .-( .,. , COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No, ()S - '::.1./ L-- C/I....>J:: I { 2...n I NOTICE OF APPEAL Nolice is given that the appellant has filed in the above Court of Common Pleas an appeal from Ihe judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. 0151. NO. OR NAME OF D.J. ADDRESS OF APPELLANT /5/5 .5)",1" DATE OF JUDGMENT ;-1, II /~ vp(J IN THE CASE OF (PLAINTIFF) .sb CavIler h..J ~z9-.?.5 CITY oq-J-O I STAJJE rA (DEFENDANT) ZIP CODE Jack and Jeannie Ca 10 t::-A,Y1;1 /-1. U 17011 L T YEAR ;Jpc L el/o CLAIM NO. CV YEAR x 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. If appel/ant was Ctaimant (see PA R.C'p,J.P. No, 1001(6)) in action betore district Justice, he MUST FILE A COMPLAINT within twenty (20) days atter filing his NOTICE at APPEAL. ::;qnarure 01 t'romonorary or uepury PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section at 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 Enter rule upon 5)::( d 4:J",J+er Ufo/!2..s c.tL{' e , appellee(s), to file a complaint in this appeal I Name of appeflee(s) (Common Pleas NoD c: - {" :J II ~ (J/; " 'U within twenty (20) days after service of ru '- I Er2...YY) RULE: To 5k1p ~~!,t~,f:.laJ5~ ,appellee(s) (1) You are nolified that a rule is he.. rebY. enlered upon you 1.0 fili;lA ~...~. rim!'., ,'int iq It!. i~~P~i3:lw.. ithin. twenty(20) days after the date of servlce,QI.tlll!t f~1e ppon you by pe~o~J,~e)\I,~:""O/~~,l.l1l&fi(.r%iISf~~edmall. , ,_ jt~"""""",,_,~,,"~""_'H_,~,....,...._".~..,_..,,_,......... ."u.... . ,- If you do not fil"a,C(1mplalnt wilhini(i;S li,,!e, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRA~IPE, ' ~ . . ~.. (2) (3) The date qI:'S~ice of Ihis rule if service w.aS.by mail is the date of the mailing, Date: 0cf-6~~ Ii ...:. t; , YeJ!t(Jl. /'>'>l. r: " Wh.e Green Yellow Pink Gold Prothonotary Copy Court File Copy Appelan!'s Copy Appellee Copy D, J, Copy Proth, - 76 SKIP COULTER LANDSCAPE PLAINTIFF VS. JACK AND JEANNIE CAPELLO DEFENDANT SENDER: COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 5J<.p 2\L (o~l~ L.",^-D.S'-"'f'" ~W,,".9. ()R"",,- (~fH.{1 Pit- /7011 2. Article Number (Transfer from service Jabe ) ) ) ) ) ) ) COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NO. 05-5216 CIVIL TERM . . A Signature x ,;~- B. Received by ( Printed NamE~ v D. Is delivery address different fro~ If YES, enter delivery address ......~ 3. Service Type III Certified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise 00.0.0. 4. Restricted Delivery? (Extra Fee) DYes 7001 0360 0001 34~2 0887 "",'/ Domestic Return Reoei~t ~ PS Form 3811, August 2001 1 02595-Q2-M" 1540 Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: ch"rlo It.C\~:li! '-(aD eri~ .s~ o(~~ 1)01",",_ G,wv-.ovJ f".,k J ['JCvJ C,^JvJ~.-,:Q PA 17070 2. Article Number (Transfer from servic Is delivery address different from item 1? If YES, enter delivery address below: 3. Service Type ~ Certified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise OC,O.O. 4. Restricted Delivery? (Extra Fee) DYes 7005 1160 0002 3090 0882 102595-02-M-1540 PS Form 3811 . August 2001 Domestic Return Receipt f :J..: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL COVER SHEET SKIP COULTER LANDSCAPE, INC" Plaintiff, No. 05-5216 vs. Civil Action - Law JOHN A, CAPELLO and JEAN A. CAPELLO, Defendants, COMPLAINT Caldwell & Kearns P. Daniel Altland, Esquire Attorney 1.0, #25438 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 : daltland@caldwellkearns,com Attorney for Plaintiff, : Skip Coulter Landscape, Inc, 94457 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5216 SKIP COULTER LANDSCAPE, INC., v. JOHN A. CAPELLO and JEAN A. CAPELLO, Defendants CIVIL ACTION - LAW 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 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demand ado a usted en la corte, Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, 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 o 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 previo a visa 0 notificacion, y por cualquier queja 0 alivio que es pedido en la peticion de demanda, Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5216 SKIP COULTER LANDSCAPE, INC., v. JOHN A. CAPELLO and JEAN A. CAPELLO, Defendants CIVIL ACTION - LAW COMPLAINT 1, Plaintiff. Skip Coulter Landscape, Inc" is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with a business address of 212 Creekwood Drive, Camp Hill, PA 17011, and its principal place of business and registered office address at 660 Gaumer Road, New Cumberland, York County. Pennsylvania 17070, 2, Defendants, John A. Capello and Jean A. Capello, are adult individuals residing at 1515 Slate Hill Road. Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania 17011, 3, Plaintiff is in the business of landscape design and landscape services, including construction and installation of brick patios, walkways, walls, privacy screens, decks, low maintenance plantings. outdoor furniture and custom gazebos. 4, Defendants are the owners of property located at 1515 Slate Hill Road, Lower Allen Township, Cumberland County, Pennsylvania, consisting of approximately 20,56 acres and improved with a house having a living area of approximately 5.575 square feet and other improvements, 5. At the request of the Defendants, Plaintiff provided an estimate for a landscape design for Defendants' property; said estimate was in the amount of One Thousand Eight Hundred ($1,800,00) Dollars. 6. Defendants agreed with said estimate and Plaintiff pertormed the landscape design services and issued a progress billing in the amount of One Thousand Three Hundred Fifty ($1,350,00) Dollars, and gave Defendants credit for One Thousand One Hundred Fifty ($1,150.00) Dollars paid by them on account. A copy of the Invoice dated April 13, 2004, in the amount of Two Hundred ($200,00) Dollars. representing the progress billing minus the payment, is attached hereto, made a part hereof and marked as Exhibit "A", 7. At the request of the Defendants, Plaintiff made revisions to the landscape design plan and prepared documents and drawings with respect to the landscape design and excavation. The charges for those services were Four Hundred Eighty-Two ($482,00) Dollars, Those additional design charges in the amount of $482.00 were included on an Invoice dated July 21, 2004, which, when added to other charges on said Invoice totaled Eighty Hundred Eighty-Seven Dollars Fifty Cents ($887,50), A copy of Invoice dated July 21, 2004, is attached hereto, made a part hereof and marked as Exhibit "B", 8, At the request of Defendants, Plaintiff also prepared an estimate for clean- up of existing plants. transplanting, fertilizing as necessary, weed spraying and clearing brush from a tree area on the bank behind the swimming pool in the amount of Two Thousand Seven Hundred Thirty-Six ($2,736.00) Dollars, " 9, Plaintiff performed some of that work, including clearing brush from the layout area, digging an azalea, mulch azaleas and lilac, use of one-half (1.2) cubic yard of tanbark, shrubbery bed maintenance, including spraying weeds, removal of unwanted trees and removal of brush around rhododendrons, azaleas and evergreens, The charges for said services were set forth in part on Invoice of July 21, 2004. attached as Exhibit "B", in the amount of Four Hundred Five Dollars Fifty Cents ($405,50), and also on Invoice dated July 30, 2004, in the amount of One Thousand Six Hundred Seventy- Eight ($1,678.00) Dollars. a copy of which is attached hereto, made a part hereof and marked as Exhibit "C". 1 O. Of the Three Thousand Nine Hundred Fifteen Dollars Fifty Cents ($3,915.50) billed for landscape design services and landscape work, Defendants paid only One Thousand One Hundred Fifty ($1,150,00) Dollars, 11, By letter dated August 19, 2004, Plaintiff responded to Defendants' concern about their budget constraints and explained his prior billings and enclosed copies of the drawings he prepared for Defendants and a CD containing the CAD drawing files, 12, Despite providing Defendants with Plaintiff's work product, Defendants still failed to pay the balance due in the amount of Two Thousand Seven Hundred Sixty- Five Dollars Fifty Cents ($2,765.50), 13, The services provided by Plaintiff were performed in a good and workmanlike manner, 14, The charges billed to Defendant by Plaintiff are fair, reasonable and customary, 15, Plaintiff is entitled to statutory interest on the unpaid Invoices, and claim is made therefor in the amount of Two Hundred Nine Dollars Forty-Two Cents ($209.42) through October 31,2005, 16, Plaintiff incurred costs at the District Justice in the total amount of Eighty- Five Dollars Fifty Cents ($85,50), and claim is made therefor. WHEREFORE, Plaintiff demands entry of judgment against Defendants in the principal amount of Two Thousand Seven Hundred Sixty-Five Dollars Fifty Cents ($2,765,50), together with interest at the rate of Six (6%) percent per annum on each unpaid Invoice. which, as of the date hereof, totals Two Hundred Nine Dollars Forty- Two Cents ($209.42) and continues until paid in full, together with District Justice costs in the amount of Eighty-Five Dollars Fifty Cents ($85.50). together with court costs. Respectfully submitted, CALDWELL & KEARNS By: pf)~ {2ttt~Q P. Daniel Altland, Esquire Sup, Ct. I.D, No. 25438 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 - Phone (717) 232 - 2766 - Fax Date: 10 - 3 {- 05 Attorneys for Skip Coulter Landscape, Inc, \ ,1' (\ ~ f~ I b \ .. Dr. and Mrs. Capello 1515 Slate Hill Road Camp Hill, PA 17011-8102 774-7410 Penn State Grad~ate of Horticulture inVOiCe 4/13/2004 Terms Invoice # Serviced Description Qty Unit Price Amount Landscape Design Sales Tax 27 50.00 6,00% 1,350.00 0.00 Total Due $1,350.00 1l1ank You Payments/Credits $-1,150.00 Balance Due $200,00 Brick Patios. Walkways - Walls. Privacy Screens. Oecks Custom landscape Designs. low Maintenance Plantings Outdoor Furniture _ Custom Gazebos 212 CREEKWOOD DRIVE. CAMP HILL. PA 17011 ~!~\ 6 fl' 1) , .. Dr. and Mrs. Capello Invoice 1515 Slate Hill Road Camp Hill, PA 17011-8102 7/21/2004 I Terms Due upon reciept II nvoice # 4105 Serviced Description Qty Unit Price Amount Landscape Design Revision 5 50.00 250.00 Documents 2 11.00 22.00 Prepare Drawings for Excavation 3 50.00 150.00 Project Management - Layout wor1<. for propane tank and 1.5 40.00 60.00 future pavilion. Clear brush from layout area. Dig azalea. Mulch azalea 10.25 38.00 389.50 and lilac. 1/2 cu yd of Ian bark 0.5 32.00 16.00 Total Due $887.50 !hank You Payments/Credits $0,00 Balance Due $887.50 f)(~\k>Jt l , , Dr, and Mrs. Capello Invoice 1515 Slate Hill Road Camp Hill, PA 17011-8102 7/30/2004 I Terms Due upon redept I Invoice # 4123 Serviced Description Qty Unit Price Amount 7/28/2004 Shrubbery Bed Maintenance: Spray weeds, Remove unwanted trees, Remove brush around rhododendrons, azaleas, and evergreens. Man Hours 37,25 38.00 1,415.50 Equipmenl Operation, Dingo (per hr) 5.25 50.00 262.50 , Total Due $1,678.00 !hank You Payments/Credits $0.00 Balance Due $1,678,00 VERIFICATION I, NER C, CaUL TER, III, on behalf of the Plaintiff, Skip Coulter Landscape, Inc.. in the foregoing action, execute this Verification; have read the foregoing document and to the extent that it contains facts supplied by me, they are true and correct to the best of my personal knowledge, information and belief; however, to the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this verification. I understand that any false statements herein are made subject to penalties of 18 Pa, C,S. 94904, relating to unsworn falsification to authorities, DATED: /0- .3{- Q 5' /24~ NER C, CaUL TER. III 94455 CERTIFICATE OF SERVICE I hereby certify that I have served a copy of the within document this 31st day of October, 2005, on the following by depositing a true and correct copy of the same in the U.S, Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Samuel L, Andes, Esquire 525 N. 1 ih Street Lemoyne, PA 17043 CALDWELL & KEARNS By: /: fJa~ ~ 94463 ....> ""' "'" o;.f' %- c:> ...c; I g -:?". -o~i.\ r"\-- f- \ -?" \ ~~~:;-::.. r:...i_) ~~\3 :z -- -( - ~ 1 1"1:;2 \=n ~t':J f'l,b -'.vl. ~_t -\1 r') ;-') ~;::rn (:\ :::, ',!); ''''' -0 :;T- - ., "^' "^' II SKIP COULTER LANDSCAPE, INC., Plaintiff vs. JOHN A. CAPELLO and JEAN A. CAPELLO, Defendants TO THE PROTHONOTARY: ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-5216 PRAECIPE Please mark the above-captioned matter "settled and discontinued." /?()~ (}LU-t4D P. Daniel Altland Attorney for Plaintiff Supreme Court 10 # 25 t(3..8 3631 North Front Street Harrisburg, PA 17110/ (717) 2-.3 2. - -'0 ~ ( ~ ~~ch,~ () c,-, ,..., f'~ (