HomeMy WebLinkAbout05-6343COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
os= to `7,
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 (late and in the case referenced below.
This block will be signed ONLY when this notation is required under Pa. If-appellatif wa§ Ct6imant (see Pa. R.C.P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDERS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
svmfu. of ProWntan, w 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.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
appellee(s), to file a complaint in this appeal
? Name of appetlee(s/ /
(Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Srgnature o/aAPatfan ore of tt mey or agent
RULE: To (^ L??? • appellee(s)
xa? os 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
A 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.
ate: 1 )f,L,- ,20
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
'312-02
WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE 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 designated therein on
(date of service) , 20 , ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) on
20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF ` 20_
Signature o€effianl
Signature of of2ial before whom affidavit was olade
Title of official
My commission expires on 20___.
\ N C.
1 • ' C? i
Il!\ 1
t..7
COMMONWEALTH OF PENNSYLVANIA
(:nl InITV nF- CUMBERLAND
09-1-02
MDJ Name'. Hon.
ROBERT V. MANLOVE
Address- 1901 STATE ST
CAMP HILL, PA
Telephone: (717 ) 761-0583 17011-0000
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF:
"CANTY NAME and ADDRESS
STACY
, N
720 WESTWOOD DR
ENOLA, PA 17025
L J
VS.
DEFENDANT: NAME and ADDRESS
FBOLASH CONSTRUCTION/BOB BOLASH
PO BOX 179
ENOLA, PA 17025
BOLASH CONSTRUCTION/BOB BOLASH L J
PO BOX 179 Docket No.: CV-0000467-05
ENOLA, PA 17025 Date Filed: 9/15/05
THIS IS TO NOTIFY YOU THAT:
Judgment: DEFAULT JUDGMENT PLTF
® Judgment was entered for: (Name) t•ANTY stmaav m
® Judgment was entered against: (Name) go T.Aq1T Bog gnT.Ail
in the amount of $ 2047n-nn on:
? Defendants are jointly and severally liable.
? 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 $
(Date of Judgment) I T /141A-9;
(Date & Time)
Amount of Judgment $
0
2,385.0
Judgment Costs $ 85.00
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 2,470.00
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 JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS 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.
Date
gister al, pisti;ict Judge
I certify that this is a true 4ar nc?orre(c),60 pary pI'th r ° t e' proceedings containing the judgment.
i< Date / -/ ?rfd L? agaA- flaglstenaL District Judge
v_
My commission expires first Monday of January, 2006 .
AOPC 315-05 DATE PRINTED: 11/14/05
SEAL
9:31:56 AM
COMMONWEALTH OF PENNSYLVANIA
rni iNTv nF- CUMBERLAND
Dist No..
09-1-02
MDJ Name'. Hon.
ROBERT V. MANLOVE
Add'ess, 1901 STATE ST
CAMP HILL, PA
Teieohoae (717) 761-0583 17011-0000
COURT OF COMMON PLEAS :
COMMON PL ?
AS NOTIFICATION
PLAINTIFF: REQUEST FORM
NAME and ADDRESS
rCANTY, 18TACY N ?
720 WESTWOOD DR
ENOLA, PA 17025
L J
VS.
DEFENDANT: NAME and ADDRESS
FBOLASH CONSTRUCTION/BOB BOLASH
PO BOX '.179
ENOLA, PA 17025
L J
Docket No.: CV-0000467-05
Date Filed: 9/15/05
Disposition Date: 11/14/05
Please be advised that an appeal has been filed in the above captioned case. Kindly use this form to indicate the
results in this case; and return to the issuing authority (listed above).
RESULT OF APPEAL Common Pleas Judge_
CIVIL-LANDLORD/TENANT APPEAL
APPEAL STRICKEN - appeal has been disallowed.
- APPEAL DISCONTINUED - appeal has been discontinued by appellant.
MAGISTERIAL DISTRICT JUDGE DECISION UPHELD - court has reached the same decision as the magisterial
district judge judgement.
MAGISTERIAL DISTRICT JUDGE DECISION DISMISSED - court has reached a decision that does not concur with
the district justice decision.
WRIT OF CERTIORARI
WRIT STRICKEN - appeal has been disallowed.
WRIT DISCONTINUED - writ has been discontinued by appellant.
- MAGISTERIAL DISTRICT JUDGE DECISION SET ASIDE - the case will be reheard due to irregularity, lack of
junstiction, or improper venue.
- WRIT DISMISSED - magisterial district judge decision was not found) to be flawed, lacking jurisdiction, or having
imp oper venue.
STATEMENT OF OBJECTION (Please give a general summary of the results)
- OBJECTION DISCONTINUED - objection has been discontinued by the appellant.
OBJECTION DENIED - objection has been denied by the Court of Common Pleas.
OBJECTION UPHELD - appellant's objection has been upheld by the Court of Common Pleas.
AOPC72se-ds DATE PRINTED:12/21/05 8:48:27 AN
.COMMONWEALTH OF PENNSYLVANIA
rni iniTV nF CUMBERLAND
09-1-02
MDJ Name: Hon.
ROBERT V. MANLOVE
Address 1901 STATH ST
CAMP HILL, PA
Telephone.. (717) 761-0583 17011-0000
ROBERT V. MANLOVE
1901 STATE ST
CAMP HILL, PA 17011-0000
COMMON PLEAS NOTIFICATION
PLAINTIFF REQUEST FORM
NAME and ADDRESS
FCANTY, STACY N
720 WESTWOOD DR
ENOLA, :PA 17025
L J
Vs.
DEFENDANT: NAME and ADDRESS
FBOLASH CONSTRUCTION/BOB BOLASH
PO BOX '179
ENOLA, PA 17025
L J
Docket No.: CV-0000467-05
Date Filed: 9/15/05
esa
Disposition Date: 11/14/05
Please be advised that an appeal has been filed in the above captioned case. Kindly use this form to indicate the
results in this case, and return to the+ssuing authority (listed above). -
RESULT OF APPEAL Common Pleas Judge-
CIVIL-LANDLORD/TENANT APPEAL
APPEAL STRICKEN - appeal has been disallowed.
APPEAL DISCONTINUED - appeal has been discontinued by appellant.
MAGISTERIAL DISTRICT JUDGE DECISION UPHELD - court has reached the same decision as the magisterial
district judge judgement.
MAGISTERIAL DISTRICT JUDGE DECISION DISMISSED - court has reached a decision that does not concur with
the district justice decision.
WRIT OF CERTIORARI
WRIT STRICKEN - appeal has been disallowed.
WRIT DISCONTINUED - writ has been discontinued by appellant.
- MAGISTERIAL DISTRICT JUDGE DECISION SET ASIDE - the case will be reheard due to irregularity, lack of
juristiction, or improper venue.
WRIT DISMISSED - magisterial district judge decision was not found to be flawed, lacking jurisdiction, or having
imp oper venue.
STATEMENT OF OBJECTION (Please give a general summary of the results)
- OBJECTION DISCONTINUED - objection has been discontinued by the appellant.
OBJECTION DENIED - objection has been denied by the Court of Common Pleas.
OBJECTION UPHELD - appellant's objection has been upheld by the Court of Common Pleas.
AOPC729B-os DATE PRINTED:12/21/05 8:48:27 AM
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Total Pgstage R Paes y ?
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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 PENNSYLV NIA
COUNTY OF G -? Lr1?/? I ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
air 634.)
ur a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on
(date of service) fy[„ , 20 ? by personal service Q-by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) _ 54+r on
11 / 4 rir- , 20 as ? by personal service 2-by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AF IWMED)AND SUBSCRIBED BEFORE ME
THIS / I DAY OF C4d16-e/, 20Q5'_.
Signature hl official before whom affidavit was made
C/t V
Title of official
My commission expires on 6WIP" b`0 16', 20 6-7
Notarial Seal i
Tina M. Robertson, Notary Public
East Pennsboro Twp., Cumberland County
My Commission Expires Nov. 15, 2007
VAembrtr n a-,_ w t •.,ctlon0(N?,?-
i
Signature ofaffiant
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COURT OF COMMON PLEAS
Judicial District, County Of
DISTRICT JUSTICE JUDGMENT
NOTICE OF APPEAL
NOTICE OF APPEAL
FROM
COMMON PLEAS No.
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
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.
sgnatureofR hotataryor DapWy
ffnallatft w s t 'nt fsee Pa. R.C.f
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
(Common Pleas No.
Name or appellee($)
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.
ignature Rappellant or attorney or agent
RULE: To , appellee(s)
-- Name of appellees)
(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 MAYBE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date 20: F;
signature of Prothonotary or e?lWy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANT'S COPY
PINK-COPY TO BE SERVED ON APPELLEE GOLD-COPY TO BE SERVED ON DISTRICT JUSTICE
0
STACY CANTY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2005-6343
BOB BOLASH and BOLASH CIVIL ACTION
CONSTRUCTION,
Defendants
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 an 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
STACY CANTY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2005-6343
BOB BOLASH and BOLASH CIVIL ACTION
CONSTRUCTION,
Defendants
COMPLAINT
1. Plaintiff, Stacy Canty is an adult individual residing at 720 Westwood
Drive, Enola, PA 17025.
2. Defendant Bob Bolash is an adult individual with an address of 4525
Valley Road, Enola, PA 17025. Defendant Bolash Construction is a business operated
by Bob Bolash with an address of 4525 Valley Road, Enola„ PA 17025.
3. In the latter part of 2003 the Defendants provided a proposal for
remodeling a portion of the Plaintiff's home. The Plaintiff accepted the estimate in 2004
and the parties entered into a contract based upon the proposal. A copy of the same is
attached hereto as Exhibit "A".
4. The contract provided that : " All work would be completed in wokmanlike
manner according to standard practices. " " We reserve the right to determine the
source of all labor and materials for any work performed under the quotation."
5. The carpet installed by the Defendants was not prepared in a workmanlike
manner.
6. The carpet installation was deemed unsatisfactory by a representative
chosen by the Defendants as well as two representatives from the carpet retailer.
7. The fireplace and a lighting dimmer were not properly installed.
8. The cost of repair for the carpet is $2,385.00 and the cost of repair for the
fireplace and lighting dimmer will be presented at the time of hearing.
WHEREFORE, Plaintiff requests judgment against the Defendants in excess of the
sum of $ 2,385.00 plus interest, attorneys fees and costs.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Robert L. O'Brien, Esquire
I.D. # 28351
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
rlo.dir/domestic/canty/corn plaint
f ?
BOLASH CONSTRUCTION Estimate
P• O. Box 179 •`?a Date Estimate #
Enola, PA 17025 11/7/2003 219
410ME 732-2360 FAX 732-9173 ` C ?d r 1 on e
NAME/ADDRESS Jf '??1 V "I „Terms Rep, `X
/FF l0%33%33%bal. BOB O?^?Q,`4
Stacy Canty
720 Westwood Dr. C
Enola Pa 17025 ?,^ b
?a, {o% 3 4&141-55¢ 126=
0 ailin tA9 12 ? uteh
Nv Kana??anet = Tv ` , ?ReCam eal a? e 7 S( der 5qMre
Description ? - wlrm4o. - V M H 21n 1? R?ST 3301 / ? 1J11-? ?A "I/ l lktelb
1. Basement- remove wall at stairway to open up area to install railing. in pM 11,113.00
•2. Frame out basement walls with 2x4's according to customers layout for closet.ora ,closing off water
heater/ furnace areas and panel box.
3. Run electric per code and install switched lights in crawl space closets and ceiling. Insulate walls with
R13 faced insulation.
4. Install and finish drywall on walls, drop ceiling, hinged doors on closets, baseboard, door and window
trim and make seat at window.
5. Prime and paint walls and trim and install oak railing on stairs. Install a wet bar on back wall and install
a ventless fireplace. We hook up gas line to fireplace and run to exterior for gas co. to hook onto- 2)C4cq'``vk?
6. Install carpet on floor. $20.00 per sq. yd. for carpet/pad Ceiling file $3.50ea Fireplace $1200.00 ti' ?owl5 t
The following is an outline of conditions for the above quotation. All materials are guaranteed to be as
specified. We reserve the right to determine the source of all labor and materials for any work performed
under the quotation.
All work will be completed in workmanlike man= according to standard practices. Any alterations or
deviations to this contract involving extra costs will be done only with a written change order and will
become an extra cost over and above the contract price. this proposal may be withdrawn from if not
accepted within 30 days of above date.
Pay schedule is as follows, 10% deposit at signing of contract, 33% at start of project 33% in two weeks
and balance upon completion of project. A charge of 1.5% per month will be charged on any balance past 30
days, beginning with the completion date of the project, We wish to thank you for the opportunity of
submitting a proposal and hope to be of service to you.
KAI 1Ad;a8
", 4ri"411-
A111cx
61 )0 + -5(X0 + Il 100
Owner & Co-Owners Signature
Pleaseremit to the above address
Signature
8, 'Soo
0.--C
Total $11,113.00
I verify that the statements made in the foregoing Complaint are true and correct
to the best of my knowledge, information and belief. This verification is signed by
Robert L. O'Brien, Esquire, attorney for Plaintiff and is based upon statements provided
by the Plaintiff and other persons, as well as documents reviewed by the undersigned
as attorney for Plaintiff. This verification will be substituted and ratified by a verification
signed by the Plaintiff who is presently unavailable to sign said verification. I
understand that false statements herein are made subject to the penalties of 18 Pa.
C.S. § 4904, relating to unsworn falsification to authorities.
r- -GQ3A.ti--
Robert L. O'Brien, Esquire
Dated: I L4 110b
11 dab.d it/corporatelcentralpadata/u nsworn.ver
CERTIFICATE OF SERVICE
I hereby certify that on 41-1 2006, I, Robert L. O'Brien, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Complaint, by first class U.S. mail, postage prepaid, to the party
listed below, as follows:
Bob Bolash and Bolash Construction
4525 Valley Road
Enola, Pennsylvania 17012,15
??•?A,IJt,-
Robert L. O'Brien, Esquire
r-? t?
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FIa,'K)41q BOLASH CONSTRUCTION
V. & REMODELING
BAN dash qNV (?asti P.O. BOX 179
C r?5z?tC 14525 VALLEY RD.
?{encs ENOLA, PA. 17025
732-2360 FAX 732-9173
Response to civil action #2005-6343
Complaint responses
//L} f-hp Cow2fo-r ?p/nritmv
P0. )oo5- -10 3 Y3
C I V i I-
True
I .
2. True
3. True
4. True
5. False- Carpet was installed in a workmanlike manner, customer was not happy
with the seam in the carpet.
6. False- I do not know anything about the two representatives from the carpet
retailer.
7. False- dimmer was faulty and I replaced it myself. The only thing that was not
hooked up on the fireplace was the remote control and that was not a contractual
item.
8. False- The cost for material and installation of carpet was $1369.60, which I paid
to Gene Losch. I cannot see any charges being incurred for the fireplace or
dimmer switch.
Thank Y u
?OW'4?51 ///"
Robert S. Bolash
N .
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f __?
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'??
?i?
CIVIL ACTION-LAW
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, JUDGES OF SAID COURT:
Robert L. O'Brien, Esquire, counsel for the 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 $2,385.00 plus interest, attorneys fees
and costs.
The following attorneys are interested in the case as counsel or are otherwise
disqualified to sit as arbitrators: None.
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
Respectfully submitted,
Robert L. O'Brien, Esquire
I.D. # 28351
19 West South Street
Carlisle, PA 17013
(717) 249-6873
ORDER OF COURT
AND NOW, this , day of April, 2006, in consideration of the foregoing petition,
STACY CANTY,
V.
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-6343 CIVIL TERM
BOB BOLASH AND BOLASH
CONSTRUCTION,
Defendant
Esquire,
Esquire and
are appointed arbitrators in the above-captioned action as prayed for.
BY THE COURT,
Esquire
J.
3
t 1
__. J
r
STACY CANTY,
V.
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
BOB BOLASH AND BOLASH
CONSTRUCTION,
Defendant
NO. 2005-6343 CIVIL TERM
CIVIL ACTION-LAW
CERTIFICATE OF SERVICE
hereby certify that on April 5, 2006, I, Robert L. O'Brien of O'Brien, Baric & Scherer, did
serve a copy of the Petition For Appointment Of Arbitrators, by first class U.S. mail, postage
prepaid, to the party listed below, as follows:
Bob Bolash
Bolash Construction
4525 Valley Road
Enola, Pennsylvania 17025
Robert L. O'Brien, Esquire
`` `?` ?N t;
?j
STACY CANTY,
V.
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-6343 CIVIL TERM
BOB BOLASH AND BOLASH
CONSTRUCTION,
Defendant
CIVIL ACTION-LAW
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, JUDGES OF SAID COURT:
Robert L. O'Brien, Esquire, counsel for the 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 $2,385.00 plus interest, attorneys fees
and costs.
The following attorneys are interested in the case as counsel or are otherwise
disqualified to sit as arbitrators: None.
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
Respectfully submitted,
Robert L. O'Brien, Esquire
I.D. # 28351
19 West South Street
Carlisle, PA 17013
(717) 249-6873
ORDER OF COURT
day of April, 2006, in consideration of the foregoing petition,
AND NOW, this g p
nxe.4 ?'?' ^ Es re, `N quire and I u? _ sq e
are appointed arbitrators in the above-captioned action as prayed for.
,oX.P
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BY COURT,
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STACY CANTY,
PLAINTIFF
V.
BOB BOLASH AND
BOLASH CONSTRUCTION,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
05-6343 CIVIL TERM
ORDER OF COURT
AND NOW, this a day of August, 2006, the appointment of
Daniel J. Daniels, Jr., Esquire, to the Board of Arbitrators in the above-captioned case,
IS VACATED. Jason P. Kutulakis, Esquire, is appointed in his place.
Byt
Edgar B. Bayley, J.
/niel K. Deardorff, Esquire
Chairman
./ason P. Kutulakis, Esquire
Art Administrator
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STACY CANTY, IN THE COURT OF COMMON PLEAS
PLAINTIFF ! OF CUMBERLAND COUNTY, PENNSYLVANIA
V. '
BOB BOLASH AND
BOLASH CONSTRUCTION, !
DEFENDANT 05-6343 CIVIL TERM
ORDER OF COURT
AND NOW, this
j -? 44,
day of October, 2006, the appointment of Jason
P. Kutulakis, Esquire, to the Board of Arbitrators in the above-captioned case, Is
VACATED. Kara W. Haggerty, Esquire, is appointed in his place.
BY THE COURT,
?TCIAA
EDGAR B. BAYLEY, J.
'Kb
Daniel K. Deardorff, Esquire :b'
Chairman V k?
son P. Kutulakis, Esquire- -?? x? \Izi
Kara W. Haggerty, Esquire
Court Administrator
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STACY CANTY
Plaintiff
BOB BOLASH
BOLASH CONSTRUCTION
In The Court of Common Pleas of Cumberland
County, Pennsylvania No. 2005 -6343
Defendant Civil Action - Law.
Oath
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.
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Signature Signs a Signature
ggu-
Daniel K. Deardorff, Esq. Hamilton Davis, Esq. T^ ^^t n v••'"?'?;?,? Es
Name (Chairman)
MARTSON DEARDORFF
WILLIAMS & OTTO
Law Firm
10 East High St.
Address
Carlisle, PA 17013
City, zip
Name
Law F'
P.O. Box 40
Ad' cs
Shippensburg, PA 17257
City, Zip
Name
A 60w, s I?i.? to Ids, LL ID
Law Firm
36 S. Hanover St.
pdArcs s
Carlisle, PA 17013
City, 4
# 155A7
11r783 Award 41 ooaa
we, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
h
Date of Hearing: / v i6 /"7/,
s C?S?s a ti,( r"ti fP rPS7`,
. Arbitrator, dissents. (Insert name if applicable.)
I-r--
K. ardorff, E (Chairman. `
Date of Award: '? .M
Ha lton' vi
p'l Esq. '
16,
II e?- ?s
Notice of Entry of Award Now, the _ day of 20_D( , at l(: l7 A M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $ OD
By:
Pro notary Deputy
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STACY CANTY,
Plaintiff
V.
BOB BOLASH AND
BOLASH CONSTRUCTION,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005-6343 CIVIL TERM
CIVIL ACTION-LAW
PRAECIPE TO ENTER JUDGMENT
Please enter judgment in this matter on the attached award of arbitrators. V?k -krnotL
i n '?WO ?? P1ai r?I; F? G?c?u rte D? darn ?+? $ Yy 5 H .'-p IuS c O'?) s ,ol vrt?r s+
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
ichael A. Scherer, Esquire
I.D. # 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
mas.dir/genlit/canty/enterjudgment.pra
cc: Stacy Canty
10/20/2006
STACY CANTY
Plaintiff
BOB BOLASH
BOLASH CONSTRUCTION
Defendant
In The Court of Common Pleas of Cumberland
County, Pennsylvania No. 2005 -6343
Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of Us Commonwealth and that we will discharge the duties of our office
with fidelity.
Signature VS _V1C AV igna Si ture
Daniel K. Deardorff, Esq. Hamilton Davis, Esq.
Name (Chairman)
MARTSON DEARDORFF
WILLIAMS & OTTO
Law Firm
10 East High St.
Address
Name
Z11811-4 +?-17gy;s ??C
Law F'
P.O. Box 40
Ahdresi
Shippensburg, PA 17257
City, zip
Name
A born 4 &hJetkj's, LLP
Law Firm
36 S. Hanover St.
AddPass
Carlisle, PA 17013
City, Zip
i l'?83 l55a7 I ooaa
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
Carlisle, PA 17013
City, zip
f1c
- =` P1
-?Cwc{p h f al S S 3
Cdsls q A e ritg res--f,
my
. Arbitrator, dissents. (Insert name if applicable.)
?Qu`?, ter'" .
Date of Hearing: /fo d ,ate
Dani K. ardorff, E (Chairman)
Date of Award: 6 1 1
'r,"
Ha lton vi Esq. t .
'Y rcL W. 1 Lt- Fc .
Notice of Entry of Award U
Now, the 1R70h day of (±Ah r , 20 l.2 O , at 11:1 tj , A M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
TRIBE WPY FROM REWRD
Arbitrators' compensation to be paid upon appeal: $ ee0f, l hereunto $&my tw
?d iAt teat d takl Coin'
1h '2A010
By:
D ty
Pro notary
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STACY CANTY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2005-6343 CIVIL TERM
BOB BOLASH AND CIVIL ACTION-LAW
BOLASH CONSTRUCTION,
Defendant
NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236
TO: Bob Bolash
Bolash Construction
4525 Valley Road
Enola, Pennsylvania 17025
Notice is hereby given to you of entry of a judgment against you in the above
matter.
Pr nota
Date: ?? ado7
STACY CANTY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2005-6343 CIVIL TERM
BOB BOLASH AND CIVIL ACTION-LAW
BOLASH CONSTRUCTION,
Defendant
NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236
TO: Bob Bolash
Bolash Construction
4525 Valley Road
Enola, Pennsylvania 17025
Notice is hereby given to you of entry of a judgment against you in the above
matter.
010&zL'2
Pro otary
Date: mil' X07
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL. DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption: ? Confessed Judgment
STACY CANTY, : ®Other
PLAINTIFF File No. 2005-6343
V, : Amount Due $2,583.00
BOLASH and Interest $154.98
BOLAi CONSTRUCTION, : Atty's Comm
DEFENDANT Costs $236.84
TO THE PROTHONOTARY OF THE SAID COURT: TOTAL: $ 2,974.82
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original
proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as
amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland
County, for debt, interest and costs, upon the following described property of the defendant (s)
any and all personal property including automobiles
located at 4525 Valley Road, Enola, Pennsylvania
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt, interest
and costs, as above, directing attachment against the above-named garnishee(s) for the following property
(if real estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
? (Indicate) Index this writ against the garnishee (s) as a lis pendens ag inst real estate of the
defendant(s) described in the attached exhibit. /
Date January 18, 2007 Signature: (?J
Print Name: Michael A. Scherer,
Address: 19 West South Street
Carlisle, PA 17013
Attorney for: Plaintiff
Telephone: (717) 249-6873
Supreme Court ID No: 61974
Esquire
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N005-6343 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due STACY CANTY Plaintiff (s)
From BOB BOLASH AND BOLASH CONSTRUCTION, 4525 VALLEY ROAD, ENOLA, PA
17025
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONAL PROPERTY INCLUDING AUTOMOBILES LOCATED AT 4525 VALLEY
ROAD, ENOLA, PENNSYLVANIA.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$2,583.00
Interest $154.98
Atty's Comm %
Atty Paid $41.50
Plaintiff Paid
Date: JANUARY 26, 2007
L.L.$.50
Due Prothy $1.00
Other Costs$236.84
- 246W4
Curtis . Long, P otary (Seal)
By:
Deputy
REQUESTING PARTY:
Name MICHAEL A. SCHERER, ESQUIRE
Address: 19 WEST SOUTH STREET
CARLISLE, PA 17013
Attorney for: PLAINTIFF
Telephone: 717-249-6873
Supreme Court ID No. 61974
C . ^-
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned SATISFIED.
Sheriff's Costs:
Docketing 18.00
Poundage 61.64
Advertising
Law Library .50
Prothonotary 1.00
Mileage 11.00
Misc.
Surcharge 30.00
Levy 20.00
Post Pone Sale
Garnishee
Bad Check Charge
Postage 1.78
TOTAL $ n
143.92 V/ 07
Pd by Defendant `
w
W
So Answers;
R. Thomas Kline Sheriff
t: a?'; 3ti 3'' ' . 3S
BL Claudia A. Brewbaker
C E0 _E CJ OE Nyr 1001
V--:
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N005-6343 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due STACY CANTY Plaintiff (s)
From BOB BOLASH AND BOLASH CONSTRUCTION, 4525 VALLEY ROAD, ENOLA, PA
17025
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONAL PROPERTY INCLUDING AUTOMOBILES LOCATED AT 4525 VALLEY
ROAD, ENOLA, PENNSYLVANIA.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$2,583.00
Interest $154.98
Atty's Comm %
Atty Paid $41.50
Plaintiff Paid
Date: JANUARY 26, 2007
(Seal)
L.L.$.50
Due Prothy $1.00
Other Costs$236.84
Curt' R. Long, P no ary
By:
Deputy
REQUESTING PARTY:
Name MICHAEL A. SCHERER, ESQUIRE
Address: 19 WEST SOUTH STREET
CARLISLE, PA 17013
Attorney for: PLAINTIFF
Telephone: 717-249-6873
Supreme Court ID No. 61974
. '%.
DISTRIBUTION
ATTY FOR PLTFF: Michael Scherer
WRIT NO. 2005-6343 Civil
Stacy Canty
-vs-
Bob Bolash and Bolash Construction
Real Debt $ 2583.00
Interest 154.98
Attorney's Comm.
Writ Costs, Atty 41.50
Writ Costs, Pltff.
Miscellaneous 236.84
Attorneys Fees
$ 3016.32
Sheriffs Costs:
Docketing $ 18.00
Poundage 61.64
Posting Sale Bills
Law Library .50
Prothonotary 1.00
Service 11.00
Postage 1.78
Advertising
Postpone Sale
Bad Check Charge
Surcharge 30.00
Garnishee
Levy 20.00
TOTAL $ 143.92
Defendant Paid to Sheriff $ 3160.24
Advance Costs 150.00
Total Collected $ 3310.24
DISTRIBUTION
Pd. To Pltff. $ 3016.32
Refund of Adv. Costs 150.00
Pd. To Prothonotary 1.50 So '
R. Thomas Kline,
Sheriff
By
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