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HomeMy WebLinkAbout05-6046.r COURT Of COMMON PLEAS CLUnberland County JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na 60 NOTICE OF APPEAL //-a3- 05- 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 mentioned below 411 Ross Avenue New Cumberland PA 17070 rsqu ?- CV 19 0000543-05 Barbara Sumple-Sullivan, 549 Bridge Street, New Cumberland, PA 17070 Y when this notation is required under Pa. IITC.Is7k."?0-T-tf a&WjTari was -CLAiMANT (see Pe. R.C.P.J.P. No. 1008& This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after fifing his NOTICE of APPEAL. Signature of Prothonotary w Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of faro to be used ONLY when appellant was DEFENDANT (see N. 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 (Common Pleas No. appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature or appeft7i or his aft m y or agent RULES To appe(iee(s) oppellee(sj. (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. (3) The date of service of this rule if service was by mail is the date of mailin% are: , 19-. &V6*" of RomonatAry a Ogoufy Names of appellee(s) 112-U COURT FILE TO BE FILED WITH PROTHONOTARY PROOF F SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT mu sr Fiuc-n Vvt rH v TEN'' 00) OA YS AFTER front the note nt a;;,;e:c C.`+t+;,-k ap,avxah?e noxust C-GMW%NWEALl'H. OF PENNSYLVANIA ,FHDAVI T ; i t', t; CV Jl at Jl i iYC(? t 8I ! $ i'V tyr t:ci?,^,' Appoai, C on?mon Plea, No. t . . ii3[t 'svrvcoy by pL'rSOnai service , ? Yic "fiti&i}E,(t tJitite''t;Ciim ?! °E'.!de;CS ....._ .. -- ---_..._... .?__--.?._ E, by personai service ,_J by {certified) llregistc ed ? ma;( i Ider's raeeit+t ?"ached heretc _ ,r ?a ;t?r,+.,.att..erne.::!?eFti?4v!v?`,IEaCa,,,???.,t?scc; Un nanti.ng tdsa}???vr?tlc,..??f kp+ea, ;?ar,rr,?; s>>„ce?+, "?. .. ,,, Qr:.r.rv - . ;by6 c, rv. it. i,.f ------------- 7fCtt2tdirtJ JI c7frt,;nf ti i^, O W >+=? ? w s. COIYa ON9VEALTH OF PENNSYLVANIA CUMBERLAND COUNTY OF: Mag. Dst. No. 09-1-01 MDJ Name. Hon. CHARLES A. CLEMENT, JR Add1P551 400 BRIDGE ST OLDS TOME COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone (717) 774-5989 17070 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF CIVIL CASE NAME a,d ADDRESS I'CHAPMAN, NORMA J 411 ROSS AVE NEW CUMBERLAND, PA 17070 L J VS. DEFENDANT: NAME and ADDRESS FRILSINGER, DAVID T 133 EAST MAIN ST MECHANICSBURG, PA 17055 NORMA J. CHAPMAN L J 411 ROSS AVE Docket No.: CV-0000543-05 NEW CUMBERLAND, PA 17070 Date Filed: 9/01/05 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF ® Judgment was entered for: (Name) rsrav>tiTAw, xnnu A r ® Judgment was entered against: (Name) BILSTNGRR, nAVin T in the amount of $ 2, 61R _ sa on: (Date of Judgment) i n/2q/ns Defendants are jointly and severally liable. (Date & Time) Damages will be agsessed on: ; El This case dismiss?d without prejudice. ? Amount of Judgmot §ubject to Attachment/42 Pa.. § 8127 $ ? Portion of Judgment' or 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 2005 AOPC 315-05 DATE PRINTED: 11/23/05 10:35:39 AN Amount of Judgment $ 2,500.00 Judgment Costs $ 135.50 Interest on Judgment $ 0 .0 Attorney Fees $ .00 Total $ 2,635.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total - $ --------_- Magisterial District Judge My commission expires first Monday of January. 2008 . SEAL C_ C.7 v W~ W PROOF OF SERVICE F 140111E OF APPEAL ANN SULE 1.0 FILE COMPLAINT ,Tom ro mn . _ , . . wvo ?. 'J. 7 B FQ tD 141THIN TEN r IC) DAYS AF TEH Wmg the notice or apneat. Check appincahm boxes] COMMONWEALTH CFA PENNSYLVAMA AFFIDAVIT: hr=r=eb swear sran-nnthatIsereed X a D ` U of Appel, Ccmrrncrri Pries No. 005=11040 Upon the- Ci>irict Jt,s ir.e de: ogridto,i therein or- !'W :_` Fy F .l"6tJt`. •3 SPr , m 11 h CF?`fi tr M j19WMr Mad S.ErG F .,-r MOO , it, u.t d? n ' l rid wol, „ 3s ive k . na A! .a 2C ?L L. ._ it m' :r L .._ 11 _?.3----- _.. , nc.Qt_S=J by personal serwee It by o(,r'fi'fre {registered) mind sanders receipt llached hereto, try=-drs vva9 ..->cM Fie a OcanoWiM, 4womp_s m; the above N udt> okAppef 4d upon Wis appodewis) V%iram '!W W o ..F,= ac . ,...et_ ctr -----_.--------- ----`-`- !`3--- b1` persr r a? sarti4ce by ±"ertn e d, rrrgls Wired . rt'. t r (i ift I n°.'into kr }.- r r „?;Pn t 3 :.{{?" t 9K.3 '?FF;:IRE ME -mA-5 i ? ? 1 llr ? Ji C,fRaIUffJ of a,7iatlt --? ----- ----- - ----- ----- ---- ---- ---- ---- ----- ---- ----- W V., NOTARIAL SEAL SAI IRA SI MMENSULUVAN Notary Public NEV: " UMBERIAND BOROUGH <:UMBERLAND COUNTY My Corn rnbsion Expkes Nov 15. 2007 C7 ?_ O 'A _` Cv. aF rennaTLVAN1A JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na 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 mentioned below. AaQR, t ^^LLLµ? air STATE Zr CODE DATE OF AACAAENT N THE CASE OF (RMWO) (ce/g,py,t/ QAMA NO SIGNA OF APPELLANT VMS ATTORNEY OR AGENT Cv 19 LT 19 This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. Na If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 10086. This Notice of Appeal, when received by the District Justice, will 'operate as a 1001(6) in action before District Justice, he MUST SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature o/ Prothonotary or Deputy 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 Prothoratary Enter rule upon (Common Pleas No appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant a his attorney or agent RULE: To appelleets) , 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. (3) The date of service of this rule if service was by mail is the date of mailing. 19_ . signature Of ProMondary or (Maury Name of APC12-M COURT FILE 1:3 r? nj .. M1 .. U7 a a ICSBURG PA t. .z to--- Lq MUNNAWN Postage $ VUM??q? `? Postage $ p 4 O Codified Fee $2.30 0 Nt/V ?C) p Certified Fee M Return Reciept Fee $1.75 Her 'D 0 Return Reciept Fee (Endorsement Required) (Endorsement Required) C3 Restricted Delivery Fee VA UU5 Restricted Delivery Fee o $0.00 (Endorsement Required) ?{? 99gQ O (Endorsement Required) in Lr) M Total postage & Fees $ $4.42 111230 M Total Postage & Fees $ r- sent TO 1 1 ?- C3 sent TO ?,... 1. U IC 5 M L o rPO Apt. No.,' ` f- F` Street Apt No.; o ?PO BOx NO or ..??.3._..??? _?1ti_?.?_ Sr ._.. ) PO Bar NO.-?j ..? City, State, 21P+4 Cay, State. ZiPt4 n?GSb?r ?LAJ ar •l ? 0 n 0 a 13 01 0 ffi z O IU M1 V'I III rl 0 0 O 1.11 oil M1 II s 21 r E 2 m G u 0 LL a a 1tY.? LPI"Ik ••.. +IJ ? ._------------- ."r-"" "-"--"-__ ln?Q ar1Cl ? IL)'Ly qtl? N M1 M M1 ui ? I u"1 a 0 0 0 0 O ul O M 0 0 Fl- O 9 N 2 M CD 0 LL T EXHIBIT "A" Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 NORMA J. CHAPMAN, Plaintiff V. DAVID T. HILSINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION JURY TRIAL DEMANDED NO. 2005-6046 NOTICE TO DEFEND AND CLAIM RIGHTS 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 notice and pleading 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 pleading 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, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 NORMA J. CHAPMAN, Plaintiff V. DAVID T. HILSINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION JURY TRIAL DEMANDED NO. 2005-6046 COMPLAINT 1. Plaintiff is Norma J. Chapman, an adult individual residing at 411 Ross Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is David T. Hilsinger, an adult individual residing at 133 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. In June, 2004, Plaintiff purchased a property located at 1544 Bridge Street, Borough of New Cumberland, Cumberland County, Pennsylvania 17070, hereafter referred to as "the Property." 4. At all times relevant hereto, Plaintiff's intentions were to make renovations to the Property, including an addition, to allow for its commercial use. 5. Defendant is an individual who, at all times relevant hereto, represented himself as a construction designer and contractor, who had expertise to complete the design of Plaintiff's 1 anticipated project for the building, including securing all necessary Borough approvals. 6. Defendant specifically represented to Plaintiff that he had done various construction projects that required Borough approval, was able to secure architectural review and architectural stamp for his submissions, was affiliated with an engineer to develop and complete the land development plan and secure approval. Defendant also agreed that he would secure building permits and would help Plaintiff bid out the work to contractor(s). On June 28, 2004, Plaintiff and Defendant entered into a fixed sum contract for said services. Defendant advised Plaintiff that the Land Development Plan was to be completed by his agent, C. W. Junkins and Associates Inc. of Dillsburg, Pennsylvania. 9. The contract between Plaintiff and Defendant provided that the cost of Defendant's work would be Seven Thousand Five Hundred Dollars ($7,500.00). 10. The contract required Defendant and his agent, Mr. Junkins, to present the plans to the Borough for approval. A copy of the Contract is attached hereto as Exhibit "A" and incorporated herein. 11. On June 29, 2004, Plaintiff and Defendant executed an addendum to the June 28, 2004 contract, which included further specifics relative to the construction of the addition to the property. The addendum set forth the specific payment terms by Plaintiff and acknowledged that Plaintiff paid the Four Thousand Five Hundred Dollars ($4,500.00) to Defendant on June 28, 2005. A true and correct copy of the Addendum to the Contract and the check for payment are attached hereto as Exhibit "B." 12. After the contract was signed, Plaintiff met with Defendant on or about July 15, 2004 and August 24, 2004 to discuss the plans. As a result thereof, Defendant created various drawings and advised Plaintiff to take these to the Borough. 13. In August, 2004, Plaintiff submitted the designs to the Borough, These were rejected because of patent design errors in that Defendant failed illustrate obvious building components, Defendant's description of parking was incorrect, and the surveying was not completed or accurate. 14. Plaintiff and Defendant again met on September 8, 2004 to review the plans to correct the problems. 15. In October, 2004, a revised Residential Conversion Plan was submitted to the Borough by Defendant. While the plan was approved by the planning commission, the plan continued to be deficient for Borough Council review in that Defendant had not completed the required Zoning Application, a pre-requisite before the Land Development process could begin, as well as paying the necessary fees and providing the requisite copies. 3 16. By January 21, 2005, the plan was still not submitted to the Borough Council. 17. In January, 2005, Defendant provided Plaintiff notice that he now expected to be paid at an hourly rate for the work under the contract and he estimated that it would cost an additional Ten Thousand Dollars ($10,000.00) to complete the work anticipated to be completed pursuant to the original contract. 18. Prior to this time, Defendant had only provided schematics of the building that were inaccurate, poorly drawn and not previously approved for content by Plaintiff. 19. Defendant then did not complete any further work and abandoned the contract in January, 2005 without finalizing the drawings and taken actions sufficient to obtain Borough approval. 20. Plaintiff never released Defendant from the contract. 21. Moreover, there were substantial problems with Defendant and the work that Defendant did performed. These problems were as follows: a) Defendant never completed actual drawings as required by the contract. Defendant only completed schematics that were poorly drawn and incorrect and he had completed these without reference to or incorporation of the Land Development Plan; b) Defendant's design sets forth constructing a building that was 32' x 48.6' feet (1555.20 square feet) when the size allowable to construct was only approximately 560 square feet; C) The drawings failed to include architectural stamp and incident approval; d) Defendant's design included improper parking configurations; e) Defendant failed to allow Plaintiff the right to review and approve any documents prior to submitting them to the Borough; and f) Defendant never coordinated his activities with his agent, design engineer Mr. Junkins, and thus, most drawings Defendant proposed were unusable. 22. On or about February 15, 2005, Defendant's agent, Mr. Junkins, then forwarded his bill (addressed to Defendant) for work completed pursuant to his contract with Defendant on the project directly to Plaintiff. This bill was Three Thousand One Hundred Forty-Two Dollars and 83(100 ($3,142.83). Mr. Junkins advised Plaintiff that he would do no further work unless this bill was paid. A true and correct copy of same is attached hereto as Exhibit "C." 23. The billing statement was marked "Work Suspended." 24. In order to continue the project work, Plaintiff paid the costs due to Mr. Junkins to ensure his continuation of the engineering work and completion of the required land development plan. 25. Plaintiff had never had any contact with Mr. Junkins regarding the work performed until after Defendant breached and abandoned his contract with Plaintiff. All contractual agreements and discussions for work were between Defendant and Mr. Junkins. 26. Due to Defendant's abandonment of the contract, Plaintiff has now hired a second architect, Kurt M. Oraveez, to complete the work that Defendant did not complete. 27. Plaintiff must now incur additional costs of Seven Thousand Five Hundred Dollars ($7,500.00) for Mr. Oravecz's services. 28. Further, Plaintiff is required to pay to Mr. Junkins an additional Five Thousand Dollars ($5,000.00) to complete the engineering and submittal anticipated to be completed under Defendant's contract. 29. Arbitration will be required for the amount in controversy. COUNTI BREACH OF CONTRACT 30. Paragraphs 1 through 29 are incorporated herein by reference. 31. Plaintiff and Defendant entered into a contract for Defendant to complete certain drawings and development plans for Plaintiff's property. 32. Plaintiff paid Four Thousand Five Hundred Dollars ($4,500.00) to Defendant as required by the contract. 33. Defendant failed to satisfactorily perform or complete the construction and submittals as required by the contract and the parties' agreement. 34. Plaintiff has had to secure other professionals to complete the terms of the contract. 35 As a result thereof, to the date of filing of this Complaint, Plaintiff' has suffered damages as follows: a) $ 3,124.83 paid to Mr. Junkins for costs that were to be included in the present contract. b) $ 5,000.00 for additional estimated costs to Mr. Junkins to complete surveying that is necessary for the land development plan. C) $ 7,500.00 additional costs for Kurt M. Oravecz to complete the design work of Defendant. $15,624.83 Total 36. The work should have been completed pursuant to the fixed sum contract with Defendant for Seven Thousand Five Hundred Dollars ($7,500.00). 37. Plaintiff has been damaged in the amount of Eight Thousand One Hundred Twenty-four Dollars and 83/100 ($8,124.83). 7 WHEREFORE, the Plaintiff requests the Court enter an order requiring Defendant to reimburse Plaintiff Eight Thousand One Hundred Twenty-Four Dollars and 83/100 ($8,124.83) in damages, plus costs of suit, counsel fees and interest. DATE: December 13, 2005 zl?i a ample-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff 8 Exhibit A NORMA JEAN CHAPMAN- PROPERTY OWNER 1544 BRIDGE ST. NEW CUMBERLAND, PA. JUNE 28, 2004 THIS CONTRACT SIGNED TODAY BETWEEN NORMA JEAN CHAPMAN AND DAVID T. EMSINGER, CONTRACTOR, 1-33 EAST MAIN ST., MECHANICSBURG, PA. STATES THAT MR FUSINGER HAS BEEN GIVEN THE PRIVILEGE TO PROVIDE DESIGN DRAWINGS FOR AN ADDITION TO SAID PROPERTY APPROX 25' WIDE X 25' LONG AND 2 1/2 STORIES HIGH. DRAWINGS PROVIDED WILL DENOTE ELEVATIONS OF THE BUILDING AS WELL AS STRUCTURAL CONCEPTS, PRODUCTS TO BE USED, AND AN INTERIOR FLOOR PLAN THAT WILL BE APPROVED BY MISS CHAPMAN BEFORE CONSTRUCTION COMMENCES. MISS CHAPMAN IS PROPOSING TO THE BOROUGH THAT SAID PROPERTY COULD BE CHANGED FROM STRICTLY A RESIDENTIAL PROPERTY TO NOW BECOMING COMMERCIAL OFFICE SPACE FIRST FLOOR ; WITH THE SECOND FLOOR BECOMING A SINGLE RENTAL UNIT. ALSO PROVIDED WITH THE DESIGN PACKAGE WILL BE THE DRAWINGS FOR THE PREPARATION OF THE "LAND DEVELOPMENT PLAN" FOR THIS SAME ADDRESS. THE LDP DRAWINGS WILL BE PROVIDED BY C.W. JUNKINS AND ASSOCIATES INC. OF DILLSBURG, PA. AS PER OUR AGREEMENT THE COSTS OF SAID DRAWINGS WILL BE $7500.00. WITH THIS COSTS RESTS THE RESPONSIBILITY FOR MR HILSINGER AND MR JUNKINS TOT 41M THE PLANS BEFORE BOROUGH COUNCIL TO DISCUSS THIS MATTER AND ASK FOR APPROVAL. DAVID T. NORMA Jl Exhibit B NORMA JEAN CHAPMAN JUNE 29, 2004 PROPERTY OWNER 1544 BRIDGE ST. NEW CUMBERLAND, PA. ADDENDUM TO LAND DEVELOPMENT PLAN CONTRACT. DESIGN PROJECT OF 2 1/2 STORY ADDITION TO SAID PROPERTY TO INCLUDE; AGREED SIZE OF AREA, APPROX 25'X 25'. DRAWINGS TO INCLUDE EXTERIOR RENDERING OF WINDOW PLACEMENT AS WELL AS MATERIAL FOR EXTERIOR FIN- VINYL. SIDING; HANDICAPPED RAMP FOR REAR ENTRANCE OF PROPERTY AS WELL AS HANDICAPPED ENTRANCE FOR FRONT IF DEEMED NECESSARY BY BOROUGH. NO LANDSCAPING WILL BE INCLUDED IN THIS DESIGN. CONTRACT WITH OTHERS. INTERIOR CONCEPTS TO INCLUDE- SECOND FLOOR- KITCHEN PLAN, GENERAL LIVING QTRS., POSSIBLE REAR PORCH, STRUCTURAL WALL PLACEMENT, ACCESS DOORS AND EMERGENCY LIGHTING AS WELL AS SUGGESTED LIGHTING PLAN FOR RECESSED LIGHTS. WALL AND FLOOR FINISHES. WINDOW LAYOUT. FIRST FLOOR- GENERAL LAYOUT FOR PHOTO STUDIO TO INCLUDE COUNTERS, STRUCTURAL WALLS. LIGHTING PLAN, HANDICAPPED BATHROOM. WALL FINISHES AND CEILING. ALSO NOTE THAT A GENERAL FLOOR LAYOUT OF THE EXISTING STRUCTURES ROOMS WILL BE INCLUDED, FIRST AND SECOND FLOOR ONCE THE DRAWINGS ARE IN AGREEMENT WITH THE OWNER FIVE SETS OF PLANS WILL BE GIVEN FOR BID PURPOSE FOR CONSTRUCTION. COSTS OF DESIGN WORK WHICH DOES INCLUDE LAND DEV. PLANS WILL BE $7300.00 CONTRACT CALLS FOR TWO PAYMENTS. ( 1 AGREED CONCEPTS OF ITEMS MENTIONED- $4500.00 P?^? JJJ ? COMPLETION OF PLANS WITH ALL APPROVALS. $3000.00 FOR CONSTRUCTION BIDS. Page 1 of 1 TANYA L MOPPIN 1020 717-774-4774 411 ROSS AVE y /`J NEW CU ERROSS LAND, PA ?70- 19 $ SD K lab ' ©M&TBank :034302955,:L50042L02317301, 1020 ,I'0000L.50000,-' °?i • s, -nnyw+ {c;+,,?::!'?wa ys,?-?. 'cam ? . -? Z Posting Date Bank # 2004 Jul 06 096 Research Seq # 3100063913 Account# 15004210231730 Dollar Amount $4,500.00 Check/Store # 1020 DB/CR DB i ttp://pe-ncrwebl.firstmd.com/inquiry/servlet/inquiry 6/9/2005 Exhibit C Licensed In: C. W. Junkins Associates, Inc. Pennsylvania Surveyors • Cartographers • GIS Consultants Maryland ?g t Coventry Center „ 2110 Fisher Road Mechanicsburg, PA 17055 Charles W. Junlins, R.S. Telephone (717) 697-8489 • Fat (717) 697-2434 e. / February 15, 2005 David ?14i1s3nger 133 Eastx`ain Street Mechanic g, Pa. 17055 STATEMENT For Professional Services: Member: American Congress on Surveying & Mapping American Society of Highway Engineers RE: Minor Land Development Plan for?Norma Jean Chapman (1544 Bridge St.), Borough of New Cumberland. Cumberland Co. (recover existing property cor4ers,,.set CPS control,locate topographic features with °clevavibn,s including buildings, sidewalks, landscape axeas, fence r, 'trees, etc.) WORK SUSPENDED- Invoice No. 8881166 Field Survey Crew: 14 } P.L.Surveyor: 1 hour art' Graphics Technician: 3 Direct Costs: Courthous Vehicle t fl r; r.='............$1,330.00 r . ...........$ 85.00 00 pero-hr?.=.......... $1,700.00 s=..... ............ $ 6.00 es x $01°37=...........$ 21.83 Total: TOTAL DUE $3,142.83 $3,142.83 ?-aa-o s Barbara Sumple-Sullivan, Esquire Supreme Court 432317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 NORMA J. CHAPMAN, Plaintiff V. DAVID T. HILSINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 2005-6046 VERIFICATION I, Norma J. Chapman, hereby certify that the facts set forth in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 NORMA J. CHAPMAN, Plaintiff V. DAVID T. HILSINGER, Defendant IN T14E COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION JURY TRIAL DEMANDED NO. 2005-6046 CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Complaint, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Mr. David T. Hilsinger 133 East Main Street Mechanicsburg, PA 170f DATED: December 13, 2005 Agbara Sumple-Sullivan, Esquire Supreme Court I.D. No. 32317 549 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff (717) 774-1445 , , - ? ._ JAN. 12, 2006 CUMBERLAND COUNTY PROTHONOTARY'S OFFICE CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 RE: NORMA JEAN CHAPMAN V. DAVID T. HILSINGER CUMBERLAND CO. CCP NO. 2005-6046 DEAR SIR OR MADAM ENCLOSED FOR FILING IS AN ORIGINAL AND ONE COPY OF DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT. AFTER FILING, PLEASE RETURN A TIME- STAMPED COPY OF THE SAME TO ME IN THE SELF-ADDRESSED ENVELOPE ENCLOSED. THANK YOU. DAVID T. HILSINGER 133 EAST MAIN ST. MECHANICSBURG, PA. 17055 CC W/ENCL: BARBARA SUMPLE-SULLIVAN 549 BRIDGE ST. NEW CUMBERLAND, PA. 17070 CHAPMAN V. HILSINGER NO. 2005-6046 DEFENDANT'S ANSWER WITH NEW MATTER AS PER THE PLAINTIFFS COMPLAINT: I- ADMITTED 2- ADMITTED 3-ADMITTED 4- PROPERTY WAS IN A RESIDENTIAL ZONE AND BEING USED AS A RENTAL UNIT. CUSTOMER WAS PETIONING NEW CUMBERLAND BOROUGH FOR AN ADDITION TO THE RESIDENTIAL STRUCTURE THAT WOULD BE USED AS A COMMERCIAL BUSINESS. 5- DEFENDANT REPRESENTED HIMSELF AS A DRAFTSMAN FOR THE PROJECT. DEFENDANT IS NOT A CONTRACTOR BUT RATHER A UNION CARPENTER WITH LOCAL 214 LOCATED IN LEBANON, PA. AT THIS MEETING PLAINTIFF WAS ADVISED OF HOURLY RATE OF $45.00 PER HOUR FOR ALL WORK ON PROJECT TO INCLUDE IN THIS CASE WHERE IT CAME INTO PLAY THE ADDITIONAL DRAWINGS THAT WERE DONE IN ADDITION TO THE CONTRACTED DRAWING AGREED TO ON CONTRACT BY BOTH PARTIES. 6-DEFENDANT AGREED TO DO DRAFTING OF ONLY A 25'X 25' ADDITION TO EXISTING RESIDENTIAL STRUCTURE AND TO WALK THAT PROJECT AND ONLY THAT PROJECT THRU THE APPROVAL PROCESS OF THE NEW CUMBERLAND BOROUGH. THERE WAS NEVER A DISCUSSION OF SECURING BUILDING PERMITS FOR "OTHER" CONTRACTORS. THE SECURED BID BY WHOEVER THE CONTRACTOR WAS TO BE WOULD BE RESPONSIBLE FOR THE BUILDING PERMIT SINCE HE OR SHE WOULD BE EXECUTING THE WORK. 7-ADMITTED 8-ADMITTED 9-ADMITTED. PLAINTIFF BROKE AWAY FROM THE CONTRACT BY ASKING DEFENDANT TO DRAW THREE SEPARATE DRAWINGS FOR SAID PROPERTY. IN AGREEMENT TO THE CONTRACT, DEFENDANT DREW 25'X 25' ADDITION. PLAINTIFF THEN CHANGED HER MIND AND HAD DEFENDANT DRAW ANOTHER ADDITION, WHICH WAS MUCH LARGER AND YET STILL WITHIN THE CONFINES OF THE BOROUGH CODE. THESE PLANS WERE SUBMITTED TO THE BOROUGH FOR APPROVAL. AT THIS MEETING WITH THE BOROUGH OFFICIALS PLAINTIFF THEN CHANGED HER MIND AGAIN AND HAD ME DRAW A SEPARATE BUILDING ON SAID PROPERTY. ALSO AT THIS MEETING PLAINTIFF MADE THE ADMISSION TO THE BOROUGH THAT SHE WAS THINKING OF TAKING THE SECOND AND THIRD FLOORS OF THE RESIDENTIAL STRUCTURE AND TURNING IT INTO COMMERCIAL STORAGE. THEREFORE THE BOROUGH OFFICIALS WOULD NOT GIVE HER FULL APPROVAL OF THE PLANS. 10- BECAUSE OF THE CONSTANT CHANGES MR. JUNKINS WAS NOT GIVEN A SET OF PLANS UNTIL PLAINTIFF DECIDED TO GO WITH THE SEPARATE STRUCTURE IDEA. THESE DRAWINGS WERE SHOWN TO PLAINTIFF AND AGREED TOO. 11-ADMITTED 12- DEFENDANT DREW ONE PLAN AND SUBMITTED IT TO PLAINTIFF WHICH SHE APPROVED AND PRESENTED TO BOROUGH OFFICIALS. DEFENDANT COULD NOT ATTEND FIRST MEETING BECAUSE HE WAS ON VACATION. 13-FIRST SET OF PLANS WAS PRELIMINARY IN NATURE TO SEE WHAT BOROUGH OFFICIALS WOULD THINK OF CONCEPT, WHICH INCLUDED LOT SIZE, EXISTING STRUCTURE THE ADDITION AND PARKING. THE NOTATIONS AND THOUGHTS OF THE BOROUGH OFFICIALS WERE WELL ACCEPTED AND PROVIDED US THE INFORMATION THAT WE NEEDED TO PROCEED. THERE WERE NO PATENT ERRORS. 14- ADMITTED 15- THE PLANS WERE APPROVED. THE PROBLEM WAS NOT THE ZONING APPLICATION AS MENTIONED HERE. THE ISSUE WAS THE NOW "NEW IDEA" THAT THE PLAINTIFF WAS GOING TO SUBMIT YET ANOTHER SET OF PLANS TO THE BOROUGH. THIS SET WOULD BE THE CONCEPT OF A WHOLE NEW SEPARATE STRUCTURE ON THE PROPERTY. THE SET OF PLANS THAT WERE SUBMITTED THAT NIGHT WERE THROWN INTO A QUAGMIRE WHEN THE PLAINTIFF DECIDE TO TAKE THE SECOND AND THIRD FLOOR OF THE STRUCTURE AND MAKE INTO COMMERCIAL STORAGE. 16- ADMITTED 17- LETTER WAS SENT TO PLAINTIFF ADVISING HER THAT ALL OF THE HOURS SPENT ON THE PROJECTS, THREE SETS OF PLANS, HAD USED UP ALL OF THE DEPOSIT MONEY. DEFENDANT HAD COME TO REALIZE THAT PLAINTIFF HAD NO IDEA WHAT SHE WANTED AND THAT THE PROJECT OF COMING UP WITH A FINAL PLAN HAD EXCEEDED THE INITIAL MONEY ALLOCATED IN THE CONTRACT TO COMPLETE TASK OF GETTING SOMETHING APPROVED BY THE BOROUGH. PLEASE NOTE THAT AT THE DISTRICT JUSTICE MEETING CONCERNING THIS PROJECT PLAINTIFF SUBMITTED ANOTHER SET OF PLANS DONE BY MR. JUNKINS THAT WAS A FOURTH IDEA CONCEIVED BY THE PLAINTIFF. TO THIS DAY DEFENDANT HAS NO IDEA IF PLAINTIFF HAS COME TO TERMS WITH THAT CONCEPT. 18-DENIED 19-PROJECT WAS NOT ABANDONED. PLAINTIFF VIA A PHONE CALL, IN EXCUSED DEFENDANT FROM CONTRACT WHICH SHE EXCEPTED THE REALIZATION THAT SHE NEEDED TO REVIEW WHAT SHE REALLY WANTED TO DO WITH THE PROJECT AND SHE THANKED ME FOR MY WORK IN THIS MATTER. 20-DENIED 21-ALL THAT IS MENTIONED IS DENIED 22-CONCLUSION OF LAW DOES NOT REQUIRE AN ANSWER. 23- CONCLUSION OF LAW DOES NOT REQUIRE AN ANSWER 24- CONCLUSION OF LAW DOES NOT REQUIRE AN ANSWER 25- MR. JUNKINS WAS AWARE OF THE PROJECT 26- CONCLUSION OF LAW DOES NOT REQUIRE AN ANSWER 27- CONCLUSION OF LAW DOES NOT REQUIRE AN ANSWER. 28- CONCLUSION OF LAW DOES NOT REQUIRE AN ANSWER 29- ADMITTED 30- ADMITTED 31- ADMITTED 32- ADMITTED 33- DENIED 34- CONCLUSION OF LAW DOES NOT REQUIRE AN ANSWER. 35- CONCLUSION OF LAW DOES NOT REQUIRE AN ANSWER. 36- DENIED. 37- DENIED 4 1, DAVID T. HILSINGER, VERIFY THAT I AM THE DEFENDANT IN THE FOREGOING ACTION AND THAT THE ANSWERS GIVEN TO THE COMPLAINT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. I ALSO UNDERSTAND THAT INTENTIONAL FALSE STATEMENTS HEREIN ARE MADE TO THE PENALTIES OF 18 PAC. S. 4904 RELATING TO UNSWORN FALSIFICATIONS MADE TO AUTHORITIES. DAVID T. HILSINGER l'') (260(0 r? ??? (?) > -tl { L i ? 1r i (?? _... .11'1 (?J ? -< G , : 0 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 NORMA J. CHAPMAN, Plaintiff V. DAVID T. HILSINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION JURY TRIAL DEMANDED NO. 2005-6046 PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter judgment in favor of the Plaintiff and against the Defendant above named for want of Answer as required. The Complaint was initially filed on December 13, 2005 after the matter was appealed from a District Justice Judgment and served on Defendant. A Ten (10) day Notice to Enter Default Judgment was given to the Defendant on January 4, 2005. (Attached as Exhibit "A") No Answer had been filed. Certain liquidated damages were plead in Plaintiff's Complaint. These damages were Eight Thousand One Hundred Twenty-Four Dollars and 83/100 ($8,124.83). WHEREFORE, Plaintiff requests that Judgment be entered in her favor and against Defendant in the amount of Eight Thousand One Hundred Twenty-Four Dollars and 83/100 ($8,124.83). Dated: January 17, 2006 Respectfully Barbara Sumple-Sullivan, Esquire Supreme Court 432317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Attorney for Plaintiff 2 EXHIBIT "A" LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND. PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (7171 774-7059 January 4, 2006 Mr. David T. Hilsinger 133 East Main Street Mechanicsburg, PA 17055 Re: Norma J. Chapman v. David T. Hilsinger No. 2005 - 6046 / Cumberland County Dear Mr. Hilsinger: Enclosed constituting service on you is the Notice dated January 4, 2006. Please review this matter with your counsel. Barbara Sumple-Sullivan BSS/lh Enclosures MAY BE USE[ cc: Ms. Norma J. Chapman (w PROVIDE FOR Received Fr, INTERNATIONAL MAIL, DOES NOT Barbara Sumple-Sullivan, Esquire ? 549 Bridge Street D4(\ New Cumberland, PA 17070 t One piece of ordinary mail addressed to b.9(1 v £ ? a n 13 3 ?C a Spa (?. Lo oo1 0=N ?? m z v ?ecr;<Sb?fa E L 1n?iS PS Form 3817, Mar. 1989 Barbara Sumple-Sullivan, Esgt Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 NORMA J. CHAPMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID T. HI SINGER, Defendant TO: Mr. David T. Hilsinger 133 East Main Street Mechanicsburg, PA 17055 DATE OF NOTICE: January 4, 2006 CIVIL ACTION JURY TRIAL DEMANDED NO. 2005-6046 NOTICE IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE AN ANSWER TO COMPLAINT IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE ALAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 170133 TELEPHONE NUMBER: (717) 249-31'6// Aarbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 NORMA J. CHAPMAN, Plaintiff v DAVID T. HILSINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION JURY TRIAL DEMANDED NO. 2005-6046 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a copy of the foregoing PRAECIPE TO ENTER JUDGMENT OF DEFAULT, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: DATED: January 17, 2006 Mr. David T. Hilsinger 133 East Main Street Mechanicsburg, PA 170,1 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff 3 r,, ? _. s. ' , r?_ ?' ? _, ,? ? ?' :. ? G ?` `a .fl __ 1 ? =? ? _. , ;. ?? r Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 NORMA J. CHAPMAN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID T. HILSINGER, Defendant CIVIL ACTION JURY TRIAL DEMANDED NO. 2005-6046 PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff in the above captioned action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is Eight Thousand One Hundred Twenty-Four Dollars and 83/100 ($8,124.83). Defendant has not filed a counterclaim against Plaintiff. The following attorneys are interested in this case as counsel or are otherwise disqualified to sit as arbitrators: Barbara Sumple-Sullivan, Esquire. WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Dated: Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 NORMA J. CHAPMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION JURY TRIAL DEMANDED DAVID T. HILSINGER, Defendant NO. 2005-6046 CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a copy of the foregoing PETITION FOR APPOINTMENT OF ARBITRATORS, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Mr. David T. Hilsinger 133 East Main Street Mechanicsburg, PA 17 5 DATED: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff c c n, CD j a Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 NORMA J. CHAPMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION JURY TRIAL DEMANDED DAVID T. HILSINGER, Defendant NO. 2005-6046 ORDER OF COURT AND NOW, 2d 2006, inconsideration of the foregoing petition, O -f 4&4 /S (, . ? , Esquire, Esquire and r Esquire are appointed arbitrators in the above-captioned action as prayed for. By , ?7 P.J. ',;01Hi''i 02, M"TKIN Norma J. Chapman In The Court of Common Please of Cumberland Plaintiff County, Pennsylvania No. 05-6046 David T. Hilsinger, Defendant Civil Action - Law IF 11131 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 and that we will discharge the duties of our office with fidelity. Signature Si tune Signature Robert C Saidis Esq John R Ninosky, Esg Melinda Joyce, Esq. Name (Chairman) Name Name Saidis Flower & Lindsay Johnson Duffie Law Firm Law Firm Law Firm 26 West High Street 301 Market Street P. O. Box 109 1118 Wansford Road Address Address Address Carlisle, PA 17013 Lemoyne PA 17043-0109 Mechanicsburg, PA 17050 City, zip city, zip City, zip 4 )MA4 Oath Award 4 18.3aq We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, the shall be separately stated) is (Insert name if applicable) Date of Hearing: July 13, 2007 Date of Award: 3 Robert C. Notice of Entry of Award (Chairman) Now, the _ f day of JLLL" , 20-, at =.q7_, _.M., the above award was upon the docket and notice thereof iven by mail to the parties or their attorneys. Arbitrators' co pensation to b paid upon appeal: $3350.00 By: -Ila m Deputy t 7"., Map • ?' t .s?`' P, µr IDO ?? f OCR> D? proiDf IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ?y0 Vs File No. (L- `` Civil Term Defendant NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that W ? [?)- 1"WS ";?k G^&- appeals from the award of the board of arbitrators entered in this case on t(e Zoo A jury trial is demanded ? . (Check the Line if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that (1) the compensation of the arbitrators has been paid, or (2) application has been made for permission to proceed in forma pauperis. (Strike out the inapplicable clause.) Appellant or Attorney of Appellant Note: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 10071(b). (b) No affidavit or verification is required. Adopted March 16, 1981, effective May 15, 1981. W W LAC 'A . 4W Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 NORMA J. CHAPMAN, IN THE COURT OF COMMON PLEAS Plaintiff V. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION JURY TRIAL DEMANDED DAVID T. HILSINGER, Defendant NO. 2005-6046 PRAECIPE TO LIST CASE FOR TRIAL TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the above-captioned matter: X for JURY Trial at the next term of civil court. for Trial WITHOUT A JURY. Civil Action-Law X Appeal from arbitration Other The trial list will be called on October 16, 2007. Trials commence on November 13, 2007. Pre-Trials will be held on October 24, 2007. DATE: September 7, 2007 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 NORMA J. CHAPMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION JURY TRIAL DEMANDED DAVID T. HILSINGER, Defendant NO. 2005-6046 CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Praecipe to List for Trial, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Mr. David T. Hilsinger 133 East Main Street Mechanicsburg PA 17055 DATED: September 7, 2007 r3arvara auInpiu-aunivai4 r5quuv Supreme Court I.D. No. 32317 549 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff (717) 774-1445 .? t?*?? ? $ -? j ?"?'. o .t? Q "C 3 tT ? ? ? ? W ? ? ft)t7A)'&C-0 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Plow list tlefollowing case: for JURY trial at the next term of civil court. ? for trial witbont a jury. CAPTION OF CASE (ex" cap *x must be stated in fate) (check one) NORMA J. CHAPMAN, VS. DAVID T. HILSINGER VS. No. 2ons - Aug Term Indicate the attorney who will try case for the party who files this praecipe: Barbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 A Indicate trial counsel for other parties if known: None. This case is ready for trial. Date: SePtember 11, 2007 (plaintiff) ? Civil Action - Law ® Appeal from arbitration (other) The trial list willbe called on October 16, 2007 and Trick commeace on November 13, 2007 (Defendant) Ptetriab wiII be hdd on0Ctober 24, 2007 (Brkfs are due S days before preMals Signed: Print Name: „ bra Sinp.7 ?S , 71 i an , Esquire Attorney for: Plaintiff 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. 32317 ° _ X -0 0 3 Cn Lawrence J. Neary, Esq ire 108-112 Walnut Street Harrisburg, PA 17101-1609 (717) 238-4798 (717) 238-4793 - Fax Email: linearyesq@verizon.net NORMA J. CHAPMAN, Plaintiff V. DAVID T. HILSINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-6046 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAtCIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, David T. Hilsinger, in the above captioned matter. Respectfully Submitted, Date: ° 3 J. N a , Esqu for D f ndant 108-112 Walnut Street 1. Harrisburg, PA 17101-1609 (717)238-4798 (717)238-4793 - Fax Pa.I.D. No. 25827 I -1k CERTIFICATE OF SERVICE I, Lawrence J. Nary, Esquire, attorney for the Defendant, hereby certify that I have on the date shown below served a copy of the foregoing Praeclpe for Entry of Appearance to the person and in the manner indicated below: UNITED STATES FIRST CLASS MAIL, POSTAGE PREPAID Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Date: e Respectfully Submitted, Neary, FKgbire 108-112 Walnut Street Harrisburg, PA 17101-1609 (717)238-4798 (717)238-4793 - Fax Pa.l. D. No. 25827 rr! r s, ?n Ozi G ?'' ^'t7 rt NORMA J. CHAPMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DAVID T. HILSINGER, Defendant 05-6046 CIVIL TERM IN RE: CASE STRICKEN FROM LIST ORDER OF COURT AND NOW, this 16th day of October, 2007, upon consideration of the call of the civil trial list, and the above-captioned case not having been called for trial, it is stricken from the trial list. By the Court, arbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 For Plaintiff kdwrence J. Neary, Esquire ?108-112 Walnut Street Harrisburg, PA 17101-1609 For Defendant A Court Administrator :mae ot.0 d C=' wed IL 03 s; 4 , Ott r°v U t .. PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) ? Civil Action - Law [Appeal from arbitration NORMA J. CHAPMAN ? (other) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: F3 for JURY trial at the next term of civil court. ? for trial without a jury. ---- ----------------- -------- ____-------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) (Plaintiff) VS. The trial list will be called on March 4, 2008 and DAVID T. HIISINGER Trials commence on March 31, 2008 (Defendant) Pretrials will be held on March 12, 2008 vs. (Briefs are due 5 days before pretrials N0.2005-6046 Term Indicate the attorney who will try case for the party who files this praecipe: Barbara Sumple-Sullivan, Esquire 549 Bridge Street, New Cud erland, PA 17070 Indicate trial counsel for other parties if known: Lawrence J. Neary, Esquire 108-112 Walnut Stre This case is ready for trial. Date: February 11, 2008 Signed; PA 17101 PrintName: Barbara Sumple-Sullivan, Esquire Attorney for: Plaintiff r Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 NORMA J. CHAPMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION JURY TRIAL DEMANDED DAVID T. HILSINGER, Defendant NO. 2005-6046 CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Praecipe to List for Trial, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Lawrence J. Neary, Esquire 108-112 Walnut Street Harrisburg, PA 17101 DATED: February 11, 2008 Barbara Sumple-Sullivan, Esquire Supreme Court I.D. No. 32317 549 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff (717) 774-1445 ? rn =' rn -ii (1 ce? `? NORMA J. CHAPMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DAVID T. HILSINGER 05-6046 CIVIL TERM ORDER OF COURT AND NOW, this 4th day of March, 2008, upon consideration of the call of the Civil Trial List and being related to the Court by the Court Administrator that this case has been settled, it is stricken from the trial list. By the Court, J. esley 01 r , J Barbara Sumple-Sullivan, Esqui e awrence J. Neary, Esquire Court Admin. pcb Cv ? ?s rn ?? 3l??as CO M .:D- t y CL- -Z ' > t 4 `'' C%j Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 NORMA J. CHAPMAN, Plaintiff V. DAVID T. HILSINGER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION JURY TRIAL DEMANDED NO. 2005-6046 PRAECIPE Please discontinue the above captioned matter with DATE: March 10, 2008 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 NORMA J. CHAPMAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION JURY TRIAL DEMANDED DAVID T. HILSINGER, Defendant NO. 2005-6046 CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Praecipe, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Lawrence J. Neary, Esquire 108-112 Walnut Street Harrisburg, PA 1 DATED: March 10, 2008 Barbara Sumple-Sullivan, Esquire Supreme Court I.D. No. 32317 549 Bridge Street New Cumberland, PA 17070 Attorney for Plaintiff (717) 774-1445 C C C) g co n ?- IV Cj rr?