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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 n ? o .:rr ?' rn? c ? U N - p 1 77 7 _ ? O D' m -10 M .0 r- m JArMP HIU PA 17ill m ,.-scalp. s 3.11,37 77-67 5 p .ernmi ?'?? (ti p Rep,.n Receipt=ee -mac Postmark 1.1! -?-?' IEndose,.wnt Reguirnc. Hera Rasocted Deaver, ? ae j{i, Ill,i (Endorsemene Raoulred M 0 G. 44,42 12/19/2005 Total Pgstage R Paes y ? Ln _ D Se TP _ ?---- ----- -Steel Apr M.,.._. .__ // .'. _... L r l 7L?//? . ?., ' C IE MAIL. RgCEWT Man ;NoInamnnm Caw? PV'kWj iu Ir?l "; EMIJA. ''Eihl t; M -r,?nee 4U..:7 O n,te,a t 4' 1., Q. 30 111125 ' 11 2. Povrniuk ? e,pt Fee P I J ? Ru'$ !1 sem 1 R (Endorsement agusedl • 1:3 ' Ree acted Delivery Le '? - I 1 10 $( 0 (Endorsement P.eglll r9 . . . . M - 0 ?p Total PostageB Fees l $ $4.42 12/ 19/21_II}5 to _ ED HBnt TP ( q / 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 hJ ? O n rn? rv O l -7; OD < 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? U7 m C=' ?. C.. rr ?i cr- r'ii ,_- ?. , `-t -1? ', .??' -r. --? .. ? :.c ?: ? 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 . i -?7 f __? '?. i J '?? ?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 0N BY COURT, l y dl J. C". ,?.? ?.. - 7j %, ?? i? ?i Diu„ -il .? r 1 ?! 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 :sal 44 Ito Q ?,..,-. ?,;r Z 9nt? ?•. ?;J? .?.? Fr 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 i"' +?... ?? ?, [t.'?' ?? _ - N .?;, ?^ '???}a ? , ?E i1-- f-T Y" cs `cam ??) ? ? 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. -- ? _F; jV400L C LA- 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 c Uc? 44D ??? nber?L ?ia$?` Obe-' Da 10-1s w ? . ? In - T I CA rn ? v - C 71 f `N 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 c"? r-? ? O /'?„ ? O f to t t? "? ro 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 iov 7ti ` b4 ca U ? G a r -s ? ? e 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 (?J