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HomeMy WebLinkAbout05-5864COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM BOOS-57(py c V-.l DISTRICT JUSTICE JUDGMENT I 4 COMMON PLEAS No. ,0003 - ?1' % NOTICE OF APPEAL kov, 'p, 2cno - Notice is given that the appellant has fled 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. ,??C .F? r Ss<. Lr t f ?Pc,.+ \I C ?i_VI -U, C? 1c t U L\c -: .. 4- 2 2 c.,o Po -+S A- \A-> Pa 1'A-i \1 t O 7 I CAS ?. u \ a v.--c, r , \? <: r c\ ...t w P . o F-' c . ?h <. v.- It S S S .. 17 f i'I C?j c) '5 This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. 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. sign.NM or PromonotaryorDeputy If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the 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.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 « v d h ( « 1 G r r..-\ appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 2)3,S7_ within twenty (20) days after service of rule or suffer entry of judgment of non pros. 420os-- 5,-k6 y C' Signatu of appellant or attorney or agent RULE: To IZ. C- c., appellee(s) K V V t ;J tL 1 F_ to ? 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 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: 1 1 _ t , 20 1 Signah fPmMonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE-COURT FILE TO BE FILED WITH PROTHONOTARY GREEN-COURTFILE YELLOW- APPELLANT'S 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 designed tt}P?rein on ---- < o Q C7 o n (date of service) 20 ? by personal service ? by (certifiecitmgiste ) mail sender's receipt attached hereto, and upon the appellee, (name) 20 ? by personal service ' ? by (certified) (reteed) r?gl, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME - rv - THIS DAY OF , 20___ - ca. 1 Signature of official before whom affidavit was made Title of official My commission expires on 20 COMMONWEALTH OF PENNSYLVANIA 'ULlIN I Y VI': Mag Dist. No- 09-1-01 MDJ Name: Hon. CHARLMS A. CLEMENT, JR Address. 400 BRIDGE ST OLDS TONNE COMMONS -SUITE 3 NEW CMMXRLAND, PA Telephone: (7171 774-5989 17070 NOTICE OF UDGC N /TRANSCRIPT CIVSE PLAINTIFF: NAME and ADDRESS rt-AT.>.v,w, RANDY 119 LAUREL DR ENOLA, PA 17025 L J vs. DEFENDANT: NAME and AMMSS rPRO FORM SEAMLESS SPOUTING 324 NART•ET STREET APT/STE REAR LENOYNE, PA 17043 L J PRO FORM SEAMLESS SPOUTING 324 MARKET STREET APT/STE REAR DocketNo.:CY-0000605-05 LENOYNE, PA 17043 Date Filed: 9/29/05 THIS IS TO NOTIFY YOU THAT: _ m_sn _1Tmf>OfYNT pT.TF Judgment: nZsa ® Judgment was entered for: (Name) rAT > MAM, Rhunv ® Judgment was entered against: (Name)-pun FoRN AwAIII T 5z SPOiJTSNC- in the amount of $ 2, nn2 Sn on: ? Defendants are jointly and severally liable. (Date of Judgment) In/28/nn (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 $ 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 JUDGMENT/TRANSCRIPT 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. OCT 2 8 2005bate , Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits Post Judgment Costs Certified Judgment Total $ Magisterial District Judge My commission expires first Monday of January, 2008 . SEAL ? . .. cr+ a (y , c rz ( ? ? v J r-, L 1 ? RANDY E. CALAMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA Vs. No.: 2005-CV-5964 - g.?roy PRO-FORM SEAMLESS SUPPLY CO., INC., 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 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. JUDGE'S CHAMBERS One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6100 RANDY E. CALAMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA vs. No.: 2005-CV-5804 PRO-FORM SEAMLESS SUPPLY CO., INC., Defendant NOTICIA Le han demandado a Listed en la corte. Si usted quiere defenderse de estas demandas expuestas on las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notifcacion. Usted debe presentar una apariencia escrita o en persona o por abodago y archivar on la carte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado quo si usted no se defiende, la corte tomara medidas y puede entrar una orden contra Listed sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENT ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. JUDGE'S CHAMBERS One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6100 Stephen L. Grose, Esquire Attorney I.D. No. 31006 Keefer Wood Allen & Rahal, LLP 415 Fallowfteld Road, Suite 301 Camp Hill, PA 17011 Phone: (717) 612-5802 Fax: (717) 612-5805 Email: sgrose@keeferwood.com Attorneys for Randy E. Calaman RANDY E. CALAMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA vs. NO.: 2005-CV-5804 PRO-FORM SEAMLESS SUPPLY CO., INC., Defendant COMPLAINT AND NOW, comes the plaintiff, Randy Calaman, by and through his counsel, Keefer Wood Allen & Rahal, LLP, and files this Complaint, averring as follows: 1. PARTIES 1. Randy Calaman is an adult individual residing at 119 Laurel Drive, Enola, Cumberland County, Pennsylvania. 2. The defendant, upon information and belief is a Pennsylvania corporation having a business address of 2200 Paxton Street, Harrisburg, Dauphin County, Pennsylvania 17111. II. VENUE 3. Venue is proper in this Court as defendant regularly conducts business in Cumberland County and all transactions and causes of action in this matter occurred in Cumberland County. IV. FACTS 4. On or about July 27, 2004, the plaintiff and defendant entered into a contract for the defendant to install 150 feet of Gutter Mate in the existing gutters in accordance with the contract (a true and correct copy of which is attached hereto as Exhibit A and incorporated here by reference). The contract amount was to be $2,000.00 with $700.00 paid down and the balance upon completion. A $700.00 check was issued by plaintiff to the defendant on July 27, 2004 (a true and correct copy of which is attached hereto as Exhibit B and incorporated here by reference). The contract was orally altered as the plaintiff requested new gutters and a down spout that was not included in the original contract in the amount of $717.00. The work was completed on September 28, 2004 and plaintiff paid the defendant an additional $2,017.00 in accordance with the terms of the contract (a true and correct copy of this check is attached hereto as Exhibit C and incorporated here by reference). The total paid to defendant for work performed was $2,717.00, as per the Contract. At that time, the defendant advised plaintiff that he would receive a warranty in writing to conform with the warranty contained on the contract about not having to clean the gutters and a five-year workmanship warranty. 8. Plaintiff never received these written warranties from the defendant. In late 2004 and early 2005, plaintiff noticed that the Gutter Mate did not work as indicated in that the water in many places did not go into the gutters and down the spouts, but instead shot over the gutters. Further, other inconsistencies in workmanship were observed. 9. In February of 2005, plaintiff started calling the office of the defendant to advise of his concerns and his calls were not returned. 10. As a result, in April 2005, plaintiff filed a Complaint with the Better Business Bureau, which resulted in the defendant contacting the plaintiff in May 2005. 11. The defendant did visit plaintiff's home in mid-June 2005, and noted the defects in the workmanship, agreed that additional corrective work needed to be completed and advised that he would fit him into his schedule. 12. Plaintiff heard nothing further until August 2005 when he called the defendant's offices and was told that he was "on the list." 13. When nothing further happened, plaintiff called again in about two to three weeks, and asked to talk to the proprietor. When that did not occur, plaintiff filed a Complaint with the District Justice. 14. Plaintiff has made demand for the written warranty and has requested that his monies be refunded as the product has not worked as warranted. 15. Repeated requests to make repairs had been unanswered by plaintiff, until after the District Justice Hearing had been scheduled. 16. Plaintiff has been injured in the amount of $2,802.50 as the result of defendant's breach of contract. 17. This case is under the $25,000.00 mandatory arbitration limit and should, therefore, be referred to such arbitration upon conclusion of the pleadings. WHEREFORE, plaintiff demands judgment against the defendant in the amount of $2,802.50 in accordance with the finding of the District Magistrate, and such other relief as this Court deems fair and just. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: DecemberP , 2005 By XdcvW ' STE HEN L. GROSE Attorney I.D. #31006 e VERIFICATION I, Randy Calaman, the undersigned, acknowledge that: I am an adult individual and the plaintiff herein; 2. The averments set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief; and I am aware that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Randy Calaman J?Z)l , brf /? Pro-Form Seamless Supply Co.,lnc. ? Proposal ? Contract J24 MarKeT JTreeT, Kear Lemoyne, PA. 17043 Job Name/No. (71,7) 421-6000 Fax: 233-0256 : ?? ??? ?>r?s?r? TO ?! Gc Locat o j r ?' v a Phone ate ?O - e We hereby submit specifications and price estimates for t he following work. T / ? 9 'ci Z'?s L. mfr C ?? ?iysP2. s S G°.>? /miff ;> 5 ;2 Z is V / We Accept: - --_?_? TOTA c= ? visa and ? Mastercard TAX Card# TOTAL WE PROPOSE hereby to furnish material and labor - complete in accordance with these specifi ors, for?L sum of: dollars ($ P.aable as follows: I/ G? ` T ili, ??^ ti;,?1 •..?-?cz-,? /J?C?i+-r-P' ?_ cnJ ??.m _r9.?a?.. ( ?/ ? All matenal is guaranteed to be as specified All work to be completed in a workmanllke manner dropping to standard praclain. Any alteration or tlevlation from the above specifications invalving Authorized Signatu - _ extra costs will be executed only upon waiter orders, and will become on extra charge over and above the estimate. All agreements contingent upon stokes, accidents or delays beyond our control Owner to carry ere, tornado, and other necessary insurances. NOTE: This proposal withdrawn by us it not accepted within days ACCEPTANCE OF CONTRACT: The prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Pa_ym174 will bma/dee s oZ tllined above / ?/ c,,.,,,+? ?r> /, /64N l ?v-u'%?lr? n„+P 1l21(?1 rr,r,ntl ?rA ni ??? ?? FRONT/BACK CHECK IMAGE VIEW Check #003921 Page 1 of I ? o RANDY E.CALAMAN 3921 KELLEY J. CN AMAN 119 LAUREL DR. 6"111fM3 ENOLA. PA 170257544 7Z6 Y DATE n /Yl $ 70 OREROFD FO: 60 , / r?•??//V /2unGril Gt_ IIA- DOW1Rf L*J " . Mr ?%V 1 HARRISBURGJA 171162990 / - / FOR . --23138 ?, &&r.1:392& X04 50090 50 4 ,1'00000 70000.1' - 'fa f 5" ( `c?41 a?3ol 2f; >03I2p i E i< Y o IJfJ( T'0 P " C, QF1_ a RB-PH It ???' ,1]4 RP3 P91 , C NER E=AJ4K NA t? ° ;7- Z- 17 RRYoSj I FLL' 11iJ m =0937 004 3 S Ran' r r? ni ..? lix1 ' s • Z ?o . i 1.J ???'r tJ .: n A y 9d m (i; • _ _ r a (? Is pia wev c s • e ege i`? 3 u? I ? a I" - ? a a g n o i ? • d : ? e i _ea ? m I .. -1 ? r2 ? sm ! ? a I 1 1 ? Please Note: Information written on a check using a Gel Pen may cause the information to not appear as part of the check image. https://homebank.psecu.com/homebank/Cheeklmages/PrintV iew.asp?08022004003921000... 8/30/2005 FRONT/BACK CHECK IMAGE VIEW .. Check #003935 Page I of 1 a "' urmr ? Mail '"A IY111 1II16?W iR I ra.u i °u.?q WLaLrI`iIIIL`Lr II° ?.°LS fill 1 RANDY E CAIAMAN 3935 KELLEY J. CALAMAN 119 LAUREL DR. 60-811112313 E1OlA PA 179251544 q12 9& p - DAIF ?a -FORM 01K ROF $ 2.?i7 ov pp 0 PSECU xuwlseLnw.IY. 111163334 - FOR -/-? 1:23 138 L L 161:3935 M10 4 500 90 50 Lw44 II'OOOO 201700x' o 033 6^042 180104 627 233 r b °o x S 1F1 4 ?• ?' F J2B-PH:IL 127454730 jai Pq =]247 2 >0312 J CDI ER 0< y 10/%/2004 R ERR L IL1 m 0 x I R ni • e O '\tI ) o> . s O . viei= =;3e 3=3 ? V U z ^ ' t C \ ° v c a a I o '. .y 'L``_ E? s I1 + n° - s ` m • Ul m I m _ Please Note: Information written on a check using a Gel Pen may cause the information to not appear as part of the check image. https://homebank-psecu.com/homebank/Checklmages/PrintView.asp?l 0012004003935000... 8/30/2005 ., • . CERTIFICATE OF SERVICE I, Stephen L. Grose, Esquire, one of the attorneys for plaintiff, Randy Calaman, hereby certify that I have served the foregoing paper upon counsel of record this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Pro-Form Supply Co., Inc. 2200 Paxton Street Harrisburg, PA 17111 (717) 234-0555 KEEFER WOOD ALLEN & RAHAL, LLP St hen L. Grose Dated: December 0, 2005 ,:.- '_ Curtis R. Long Prothonotary office of the protbonotarp ?uru?erratt? ?Coutttp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor d S'- S?SL?,I 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 One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573