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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. Ot...- 9/~ (J;lJ;/~~
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 referenced below.
NH~O;olJ..
PA
S.
6,
STAT€.
ZIP CODE
Ins 7.15'717
fZ R.oJ.LUd (
This block will be signed ONLY when this notation is required under Pa. If appe({ant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
RC.P.D.J. No. 10086.
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
SUPERSEDEAS to the judgment for possession in this case.
(20) days after ffling the NOTICE of APPEAL.
Signature of Protllonolary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONL Y when appellant was DEFENDANT (see Pa.R.CP.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 J/~ (....L, 1\' <t: Coo I j Ilj appellee(s), to file a complaint in this appeal
~Name of appel/ee(s)
(Common Pleas No. OlD _ 91 s:: f}/II i I ~) within twenty (20) day a er service of rule or suffer entry of judgment of non pros.
Signatwe of appellant or attorney or agent
RULE: To --.1Iq
i Coo I;^t-' 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 atter the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the malting.
Date ~J"\ M: ,200b '- iJ~ n. P
~bJ~ ~
Si ature of Prothonota or pt.Ay
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
Aope 312-02
WHITE - COURT FILE TO BE FilED W1TH 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 olthe no/Ice of appeal. Check appllcahle boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
,55
AFFIDAVIT:
I hereby (swear) (affirm) that I served
o
a copy of the Notice of Appeal. Common Pleas
. upon the District Jushce designated therein on
, 20 0 by personal service
and upon the appellee, (narno)
o by personal service
o
by (certified) (rcobler-cd) rnail
(date of service)
sender's receipt attached hereto,
, on
.20
by (Cl'dified) (registered) mall.
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS ____O DAY OF_~__ 20
Slqrwlurp of
Signature of official before whom affidavit was made
Title of official
My commission expires on._
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAllD
09-3-01
NOTICE OF JUDGMENTITRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
'vALLEY HEATING & COOLING I
73 WEST BURn ST.
P. O. BOX 337
~HIPPBNSBURG, PA 17257 ~
VS.
Mag. Disl. No.:
MOJ Name: HOrJ.
HAROLD B. BBlIIDBR
Add"" 35 W ORANGB ST
SHIPPBNSBURG, PA
TeI"h"e (717) 532-7676 17257-0361
DEFENDANT: NAME and ADDRESS
'sYLVAIN, DONNA, BT AL.
302 S PENN ST
SHIPPBNSBURG, PA 17257
L
Docket No.: CV-0000314-05
Date Filed: 12/07/05
I
DOlmA SYLVAIN
302 S PENN ST
SHIPPBNSBURG, PA 17257
~
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
[!J Judgment was entered for: (Name) VU.T,RY R1l!ll....TMa t. C"OOT.TMa
[!J Judgment was entered against: (Name) 1I0MrW1l!LL. M1l!L:rllrTlll.
in the amount of $
::lR/i; nn on:
(Date of Judgment)
1/1A/o,;
o Defendants are jointly and severally liable.
o Damages will be assessed on:
(Date & Time)
O Amount of Judgment Subject to
Attachment/42 Pa.C.S. 9 8127 $
D Portion of Judgment for physicai
damages arising out of residentiai
lease $
Amount of Judgment $ 318.50
Judgment Costs $ 67.50
interest on Judgment $ .00
Attorney Fees $ .00
Total $ 386.00
Post Judgment Credits $
Post Judgment Costs $
------------
------------
Certified Judgment Total $
o This case dismissed without prejudice.
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS Mil. Y 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.
! -/,)'/0 Lv Date
)/~/.t- ~
, Magisterial District Judge
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date
, Magisterial District Judge
My commission expires first Monday of January, 2012
SEAL
AOPC 315.05
DATB PRINTED:
1/18/06
1:23:50 PM
-~;
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-3-01
NOTICE OF JUDGMENTITRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
'vALLEY HEATING & COOLING I
73 WEST BURn ST.
P. O. BOX 337
~BIPPENSBURG, PA 17257 ~
VS.
Mag. Dist. No.
MDJ Name: Hon.
Address:
HAROLD E. BENDER
35 W ORANGE ST
SBIPPENSBURG, PA
T",phooo (717) 532-7676
17257-0361
DEFENDANT: NAME and ADDRESS
!sYLVAIN, DONNA, ET AL.
302 S PENN ST
SBIPPENSBURG, PA 17257
I
,
it
THIS IS TO NOTIFY YOU THAT:
- Judgment: FOR PLAINTIFF
[!] Judgment was entered for: (Name) Va.T.T.lIV 'R'IlaTT'ICI'a ~ r'nnT.TWO
[!] Judgment was entered against: (Name) !lVY.VALlII' nOlillll'A
in the amount of $ ::IRfi nn on: (Date of Judgment) 111R/nfi
-
D Defendants are jointly and severally liable. (Date & Time)
D Damages will be assessed on: Amount of Judgment $ 318.50
Judgment Costs $ 67.50
D Interest on Judgment $ .00
This case dismissed without prejudice. Attorney Fees $ .00
Total $ 386.00
D Amount of Judgment Subject to
AttachmenV42 Pa.C.S. 98127 $ Post Judgment Credits $
o Portion of Judgment for physical Post Judgment Costs $
------------
damages arising out of residential ------------
lease $ 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 MAYBE 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.
I-I Y-O&; Date JI~ f-- ~ , Magisterial District Judge
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date , Magisterial District Judge
My commission expires first Monday of January, 2012 SEAL
AOPC 315-05 DATE PRINTED: 1/18/06 1:22:53 PM
DONNA SYLVAIN
302 S PENN ST
SHIPPENSBURG, PA 17257
L
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.
Docket No.: CV-0000314-05
Date Filed. 12/07/05
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINt;: r'~ 55
(This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing of the notice of appeal. Check appll2ible 6ifxes.)
COMMONWEALTH~F PENNSYLVANIA J
COUNTY OF C.vMbe.r{grtt;L ;ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
o a copy of the Notice of Appeal, Common Pleas Ow ' ? ( S , upon the District Justice designated therein on
(date of service) ~, 20 00 ' fit by personal service 0 by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee. (name) Vo.Ile . e.<>-1; -t G'O~' on
I~Je b, ,20_0t" a( by personal service 0 J:j (certified)(registered) mail,
sender's receipt attached hereto. /J
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(SWORN) (AFFIRMED)AND SUBSCRIBED BEFORE ME cd ,_ ' ,,.,. ~ 'A _'
THIS I~'" DAYOF r~~lU(\..'n..; ,20~. #t-' "-!!---- ~
~ n I Slgnature-o, affiant
Hn.~\'o(\'K ~,\...".i",.....
Sig~a ure of official before whom affidavi was made 4-
m~'\\\ ~\y.,\\C-~. ,-C-D//-,'eri/(J'l
Title of official \
My commission expires on h~~S\{"" J'), 20i.fL-.
COMM<l"WEALTH Of PENNSYLVANIA
NOTARIAl SEAl
LAUREN R. ASSISE, Not~ ~=
ShiPDe\ISbUl& Twp" CumIler 25 2009
My. (:(JlIIIlistion EJlllm AlII. .
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No.
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 referenced below.
NAME OF APPELlANT
MAG. D1ST. NO.
NAME OF D.J.
,
A ESS OF APPfllAN
ft1'
,
CITY
STATE
ZIP CODE
, L
DA EOFJUOG N"T
"
IN THE CASE OF (Plaintiff)
(Defendant)'
).!
of t.
"
TUREOFA l
ORA 0 YORAGENT
DOC E No.
\.i'". j'. ,,!
This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
RC.P.D.J. No. 1008B.
This Notice of Appeal, when recei'led by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty
SUPERSEDEAS to the judgment for possession in this case.
(20) days after filing the NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONL Y 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
\ .,
1\1-
"
appellee(s), to file a complaint in this appeal
~Name of appe!lee(s)
(Common Pleas No. , .
~ -f
,
, "
". ) within twenty (20) days aile, service of rule or suffer entry of judgment of non pros.
.;
'. ,-
Signature of appellant or attorney or agent
RULE: To
. Na~e'o{appel:~(~;
i'
.. ,appellee(s)
I
(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) 11 you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date:
~ .'
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L .,,",'
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,20.
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Sigriaijj~' of ~,.&hiriolary!orli~tJi;
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTrrRANSCRIPT 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
.,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
Valley Heating and Cooling, LLC,
Plaintiff
Civil Action.Law
Vs.
Legal Action
Donna J. Sylvain
Melinda Rockwell,
Defendants
,,(,._ Lf'S
No. CV-00Cl03l4-06
COMPLAINT
Now comes the plaintiff, by its attorney, David C. Cleaver, and for cause of action
against the defendants says:
I. The Plaintiff is Valley Heating and Cooling, LLC, a Pennsylvania Limited
Liability Company, with street address of 73 W. Burd Street, Shippensburg,
Cumberland County, Pennsylvania.
2. The defendants are Donna J. Sylvain and Melinda Rockwell, both of whom are
sui juris adults, and both of the defendants live and reside at 302 South Penn
Street, Shippensburg, Cumberland County, Pennsylvania.
3. The defendants are the owners of real estate located at 302 South Penn Street,
Shippensburg, Cumberland County, Pennsylvania.
4. The Plaintiff is in the business of selling, servicing, and repairing plumbing,
heating, and cooling systems, servicing water systems, and engages in general
plumbing and heating sales, service and repairs.
5. In the month of February of the year 2005, the defendants requested the plaintiff
to corne to their residence at 302 South Penn Street in the Borough of
Shippensburg, Pennsylvania to investigate and repair a water leak,
...
.
6. Pursuant to the defendant's request the plaintiff sent its technicians and service
personnel to the defendant's residence on February 11,2005 where they
discovered a water leak at the curb stop of the defendant's residence.
7. The plaintiff repaired the water leak at the curb stop by digging up the curb stop
and repairing the water leak.
8. The plaintiff submitted an invoice to the defendant's for repairing the defendant's
water leak in the amount of$288.49, a copy of which is attached hereto,
incorporated by reference herein, and marked Exhibit A.
9. Although defendants were repeatedly invoiced for payment of the repairs of their
water leak, the defendants have refused to pay any part of the bill due to plaintiff
and the sum of $288.49 remains unpaid. The unpaid balance due plaintiff has
accrued finance charges, and the balance now due to the plaintiff from the
defendants totals $318.50.
10. Because of the defendant's failure to pay the plaintiffs invoice the plaintiff
instituted suit against the Defendants before a District Judge and incurred filing
costs of $67.50.
II. There is now due and owing from the defendants to the plaintiff the sum of
$386.00, representing the plaintiffs invoice and filing costs ,md the amount of the
judgment entered in favor of the plaintiff and against the defendants by the
District Judge.
WHEREFORE, Plaintiff demands damages against the defendants in the sum of
$386.00, together with accrued finance charges, interest as allowed by law, together
with costs of suit.
And the Plaintiff will ever pray.
Da '0 C. Cleaver, Att
73 W Burd Street
P.O. Box 536
Shippensburg, PA 17257
717-532-3034
Supreme Court ID No.7283
M
College Town, Inc.
Valley Heating & Cooling
73 W. Burd St., PO Box 337
Shippensburg
PA 17257-0337
Bill to:
Donna Sylvain
302 South Penn Street
INVOICE
IVC00000000002101
Date
3/2/2005
Page 1
Ship to:
Donna Sylvain
302 South Penn Street
Shippensburg PA 17257
Shippensburg PA 17257
Purchase Order ID
eu st orner I D
SYLV DO
Sal esper son In
Work Order No.
System 10 No.
OESCRIPTION OF WORK
Service Date: 2-11-05
Your Service Technicians : Patrick/Eric/Brandon
Diagnosis: Water leak at curb stop.
corrective Action: The service technicians dug up curb stop and repaired water leak.
MATERIALS & LABOR CHARGES
Quantity Item Number
1 BACKHOE
1 LABOR
Description
Backhoe Rental
Labor Charges
U Of M
Each
Each
Thank you! Please Pay promptlyl
A Finance Charge of 1 1/2% per Month (18% Annual Rate)
will be charged 30 days after the invoice date.
Payment Terms 10
Net 10 days
Discount
$0.00
$0.00
Unit Price
$228.49
$60.00
Suhtota1
Mise
Tax
Freight
Trade Discount
Total
EXHIBIT A
Ext Price
$228.49
$60.00
$288.49
$0.00
SO.OO
$0.00
$0.00
$288.49
"
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I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties ofpeIjury contained in 18 Pa. C.S.
Section 4904, relating to unsworn falsification to authorities.
Date: J/;7~ha?6
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA
Valley Heating and Cooling, LLC,
Plaintiff
Civil Action-Law
Vs.
Legal Action
Donna J. Sylvain
Melinda Rockwell,
Defendants
()0.- f/'i e'JII
No. CV -0000314-06
AFFIDAVIT OF SERVICE
I, Denise Logan, being duly sworn according to law, do hereby depose and say that I
served a true and attested copy of the Complaint filed in the above captioned matter upon
the defendants on February 28, 2006 by mailing to each ofthe defendants the said true
and attested copy of the complaint to them at the their address of 302 South Penn Street,
Shippensburg, Pennsylvania by depositing the same with the United States Post Office in
Shippensburg, Pennsylvania, postage prepaid, on February 28, 2006, as shown upon the
attached certificate of mailing from the United States Post Office.
,\
,:t:0a.YL/
,.~.7U!1_f'
Denise Logan
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Before me, a the undersigned Notary Public, personally appeared Denise Logan, and
swore that the facts set forth in the above Affidavit of Service are true and correct to the
best of her knowledge, information, and belief.
N TAR~_~Nota ublie
Shlppens~burg "BOro,Cumber1a nty
My Commission Expires June 9. 2006
Member. Pennsylvania Association Of Notaries
U.S. POSTAL SERVICE
CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIl.., DOES NOT
PROVIDE FOR \NSIJRANCE--POSTMASTER
~"tft.~ ,(o,~
~ 0337! . 0mlJ.5ba 24 /'ld6"i
One piece of ordinary mail addressed to'
})O/)IICi.. T J~/ /tiL:LU~.J
30;). J' fJ.el7r/ ,S'lrr'e.'f
SIt..'(}1'1I r7 "h.;reJ 1'-4: 17 J5 7
PS Form 3817, January 2001
U_S. POSTAL SERVICE
CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATlONAL MAll DOES NOT
PROVIDE FOR iNSURANCE-POSTMASTER '
Received From
/:~LI e ~L ~'f:y .. (~o-I.~ l:i
fl.!). 1/)337. ,1'Iuojlf(J,<,hny ',0,4. 1'1;61
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One piece of ordinary mail addressed to:
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In The Court of Common Pleas of Cumberland County, PA
Valley Heating & Cooling, 73 West
Case No,: No. 06-915
Burd Street, P.O. Box 337,
Docket No.: CV-0000314-05
Shippensburg, PA 17257,
Appellee,
REPLY to APPELLEE's COMPLAINT
By David C. Cleaver, Attorney, and
Received by mail 01-Mar-06
vs.
Donna Sylvain & Melinda Rockwell, 302
South Penn Street, Shippensburg, PA
17257,
Appellant
This document is intended to serve as the Appellants' reasons for appealing
the ruling by the District Justice Harold E. Bender, January 2006.
Background that is necessary to state and base later problem encountered with
Valley Heating & Cooling:
Since a job that Valley Heating & Cooling performed in February 2003 to add
six inches of water main piping inside of the residence's water meter and
prior to the hot water tank split, we had been hearing a large amount of
water running outside of the home's main water cutoff valve, and suspected a
water leak outside of the residence and on the property.
In July 2003, we set up an appointment day with Valley Heating & Cooling to
find and repair a water main leak someplace outside of property's home and
prior to the water meter for the residence.
-1-
Problem Analysis: July 2003, it was discovered that immediately after the
plumber turned OFF the curb shutoff valve, the water leak had to exist beyond
the property and somewhere under the township's street.
We learned that due to a Shippensburg Borough law that should a leak be
discovered someplace under the street, it would be the property owner's
problem to repair and pay for it.
(We learned also that our homeowner's
insurance doesn't cover such repairs either.) We gave the, so-called,
certified plumbers from Valley Heating & Cooling, the go-ahead to dig and
repair the problem. As it turned out, the leak was at a former splice of the
city's feed of copper pipe to our property's galvanized steel pipe about 10
feet into the street from the property's curb cutoff valve and a minimum of
six feet below the street's surface. As ecological conservation minded
citizens, we couldn't see allowing this waste of a natural resource, and
Okayed the replacement of the entire piping under the street to the curb
shutoff valve with new copper piping the entire expanse to the water main's
feed on the opposite side of the street. This jOb was done in its entirety
in one day's time, and it cost us $688,80 with Valley Heating & Cooling and
an additional $952.78 with Snoke's Excavating & Paving, Inc. of Walnut
Bottom, PA; a total, therefore, of a hefty sum equal to $1641.58, Please
find copies of these bills attached. A new curb cutoff valve was installed
this date also, we presume, because of the new copper pipe input versus the
former galvanized steel piping. This digging went a minimum 7 feet deep
under the surface of the street and 1-2 feet of piping clearance south and
north. The back-fill in order to refill the access ditch lNas done per road
paving specifications, to include special fine sand and stones and the
-2-
technology to prevent future problems with the new paving to the street,
standards by which a curb shutoff valve is installed that deep in the ground
were adhered to, also, so we presumed, because a Borough Water foreman
insisted on the new install of a shutoff valve that day, too. Curb cutoff
valves are mounted to withstand pressure from above and landfill around them
is supposed to prevent plant growth, as well.
After such an expense, and without any evidence of poor ditch refilling
afterwards, you can imagine our surprise when it became evident that water
was leaking at the curb shutoff in January 2005! Water started appearing in
a puddle there, Who knows how long the water had been leaking in the ground
beneath? This prompted us to call Valley Heating & Cooling to come see the
resulting problem of their previous work done for liS. Patrick arrived, saw
it, and understood that under no circumstance would his employer expect any
payment from us should the leaking be a result of their previous workmanship.
He arranged a date in February 2005 to return with help to see what the
problem was. We returned from work that day to find the water leak repair
was done.
We presumed that Valley Heating & Cooling did good by their promise of
properly performing their job, so, you can imagine our surprise when we
received a bill of $288.49 from them with this reason for the water leak they
repaired that day in February 2005: The fitting on the property owner's side
of the curb cutoff valve had worked loose and needed tightening!
-3-
We contacted several experts regarding these curb cutoff valves and learned
for ourselves that ONLY IF the fitting had never been tightened RIGHT in the
first place OR if the curb shutoff valve was defective, this new water leak
never should have occurred. Therefore, we should NOT be held responsible for
the leak and repair after-the-fact. We paid dearly once already for what was
supposed to have been a professional job.
We believe, full-heartedly, that as the Consumers of the service we received
originally from Valley Heating & Cooling, which was paid for promptly and in
full, that we are within our rights to withhold payment for re-service that
unfortunately resulted from no fault of our own.
We thought we made our stance clear with District Justice Harold Bender, but,
as we learned after his judgement, obviously, we had not. That is the reason
for this appeal,
Dated
this 6th;,^{ of
BY:~
March,
2006
And
By: A/~...L.. A...A"d/
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EXCAVATING & PAVING, INC.
P.o. BOX 247
WALNUT BOTTOM, PA 17266-0247
(717) 532-2857 OR 776-3185
FAX: (717) 530-1088
INVOICE NO:
ORDER NO:
PAGE NO:
007113
636481
1
000099
Donna Sylvain
302 S, Penn Street
Shippensburg, PA
17257
PO#:
TERMS:
DATE:
08/31/2003
QTY ITEM-CODE DESCRIPTION PRICE EXTENSION
07/28/03
7.50 CAT416 Backhoe (4) 60.000$ 450,00
1. 00 Miscellaneous Highways'igns, per day 10.000$ 10.00
4,25 Labor 33.000$ 140.25
21.85 STONE 2A Modif ied stones 6,520$ 142,46
2.00 TK-2 SA - Trullk 49.000$ 98.00
5.10 SAND Fine sn<l,4 6,680$ 34,07
2.00 Miscellaneous Dump charge, per load 6,500$ 13,00
1. 00 Miscellaneous 2" water pump, per day 65.000$ 65.00
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TOTAL:
$
952.78
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I1NOICE
IVC00000000000459
CcLL2Ge Town, Inc.
Valle~i Ht::ohng & Cool ing
73 W. 8ud St., PO Bo;.. 337
.~ l:lpp;:nsbul'Q
PA 17257~0337
Date
2/14/Z003
Page 1
!;-,11 to:
Donna Sylvan
302 South Per.n Str"eet
Ship to:
Donna Sylvan
302 South Penn Street
Slll[lpeJ1sburg P/\
17257
ShippeDsb..H'g PA
17257
1)\I"(hO$(' Or'Jet' .LD
Custclm~t. 10
SYLV DO
Payment Terms 1D
Net 10 days
A finance charg.::' of 1 1/2% per month (18% annual rate)
wi 11 be charged 30 days after' the invoi.ce date.
Salesperson ID Shipping Method
uf.S(RIPTIO~ OF ~ORK
Scn:i.ce (lO(<:: 2-6-03
Di":l91~osis: -;-lie ~';ate:' llI~te:' needs relocot2d.
ClJ'r't;.:l1vl" .\ctio:L: The 50rvlce techr:i.clJo reloccted W;JtEI' mGter and i.nstalled one tee Clnd one ball valve.
MAiERIl..lS & LABOR CHARGES
Ouam-ity he;;1 Number Description U Of M Di.scount Unit Pri.ce Ext Prtce
TtE(O~'PfR3/4 3/4" Copper Tee Each \0.00 $1.66 \1. 66
VI-\L 'J[ PCVB'/L \lj/.;- 3/4" pev BIValve 0345 (XC #600 Each $0.00 \8.46 $8.46
PI?ECOr!OtR3/<~ 3/4"Copper Type L Soft Pi.pe/Ft Each \0.00 $1. 68 $1. 68
Ud:lOR Labor Ch\li"ljC> Each $0.00 $75.00 $75.00
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Tfunk you!
Subtotal
Mi.sc
Tax
Freight
Tr'ode Oisco;Jnt
Total
$86.80
$0.00
$0.00
$0.00
$0.~)0
$86.80
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VALLEY HEATING & COOLING, LLC,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
VS
NO. 06-915
CIVIL
DONNA J. SYLVAIN
MELINDA ROCKWELL,
DEFENDANTS
DOCKET NO: CV-00003l4-05
RULE 1312-1.
The Petition for Appointment of Arbitrators shan be substantially in the following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO mE HONORABLE, THE JUDGES OF SAID COURT:
David C. Cleaver
, counsel for the pJaintifl1d8l1Q'.WI in the above action (or actions),
respectfuny represents that:
t. The above-captioned action (el I.tis...) is ~ at issue.
2. The claim of the plaintiff in the action is $ 186 nn
The counterclaim of the defendant in the action is non f>
The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit as arbitrators:
NONE
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shaJJ be
submitted.
AND NOW,
. 19_. in consideration of the
Esq.,
. Esq.. are appointed arbitrators in tbe above captioned action (or
foregoing petition.
Esq.. and
actions) as prayed for.
By the Court,
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VALLEY HEATING & COOLING, LLC,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS
NO. 06-915
CIVU.
DONNA J. SYLVAIN
MELINDA ROCKWELL,
DEFENDANTS
DOCKET NO: CV-0000314-05
RULE 1312-1.
The Petition for Appointment of Arbitrators shall he substantially in the following fonn:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE. THE JUDGES OF SAID COURT:
David C. Cleaver
, counsel for the plaintitmM"lfWln the above action (or actions),
respectfully represents that:
1. The above-caplloned action (Ill a~li8"81 is ~ at issue,
2. The claim ofthe plaintiff in the action is $ 1P.f, 00
The counterclaim of the defendant in the action is n em P
The following attomeys are interested in the C8se(S) as counselor are olh_ise disqualified to alt as Ilrbltrators:
NONE
WHEREFORE, your petitioner prays your Honorahle Court to appoint thsee (3) arbitrators to whom the case shall be
submitted.
ORDER OF COUR
,..200 &;
, Jb ---' in consideration of the
Esq.,
, Esq.. are appointed arbitr tors in the above captioned lie
Esq.. and
actions)
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VALLEY HEATING & COOLING, LLC
Plaintiff
In The Court of Common Pleas of Cumberland
County, Pennsylvania NO....QL- 915
DONNA J. SYLVAIN. MELINDA ROCKWELL
Defendant
Civil Action - Law,
DOCKET NO: CV-0000314-05
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 Common~ and that we will discharge the duties of our office
with fidelity. / ~
~-CL y~ ~((jP}W<k~
STEPHEN J. HOGG, ESQUIRE SUZANNE C. HIXENBAUGH, ESQUIRE
Name Name
ROGER . IRWIN, ESQUIRE
Name (Chairman)
IRWIN & McKNIGHT
Law Firm
LAW OFFICE OF STEPHEN
Law Firm HOGG
SAIDIS FLOWER & LINDSAY
Law Firm
60 WEST POMFRET STREET
Address
,
19 SOUTH HANOVER ST
Address
26 EAST HIGH STREET
Address
CARLISLE. PA 17013
City, Zip
CARLISLE. PA 11013
City, Zip
CART,TST.F. FA 17013
City, Zip
Award
We, the undersigned arbitrators, having been duly appointed and sworn (Dr affirmed), make the
following award: (Note: If damages for delay are awarded, they sball be separately stated)
,:'f.vLJ hM T1.., j7/rl-.lVii 'yi; /;., f2...t J4.vut).h'''''- ';J:' va!....;
. Arbitrator, dissents, (Insert name if applicable.)
Date of Hearing: 7/31/2006
Date of Award: 7/31/2006
0,~
(Chairman)
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Now, the l'oU- dayof ~ ,20 0(, ,at 2;!?>o , P.,M"theaboveawardwas
entered upon the docket and notice there given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $ J Cj(). rrJ
By:
Deputy
ProthonotaIy
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSL YV ANIA
VALLEY HEATING & COOLING, LLC
PLAINTIFF
: NO. 06-915
: DOCKET NO: CV -0000314-05
: DEBT: $401.00
VS.
DONNAJ. SYLVAIN
MELINDA ROCKWELL,
DEFENDANT
: CIVIL ACTION - LAW
PRAECIPE FOR ENTRY OF JUDGMENT
To: Curtis R. Long, Prothonotary:
You are hereby authorized and directed to enter Judgment in favor of the Plaintiff
and against the Defendants in the amount of $401.00 based upon the award of Arbitration
entered in the above captioned case on the first day of August, 2006.
ATTEST:
Valley Heating & Cooling, LLC
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSL YV ANIA
VALLEY HEATING & COOLING, LLC
PLAINTIFF
: NO. 06-915
: DOCKET NO: CV -0000314-05
: DEBT: $401.00
VS.
DONNA J. SYLVAIN
MELINDA ROCKWELL,
DEFENDANT
: CIVIL ACTION - LAW
PRAECIPE TO SATISFY mDGMENT
To: Curtis R. Long, Prothonotary:
You are hereby authorized and directed to satisfy the Judgment entered in favor of
the Plaintiff and against the Defendants in the above captioned cause, the said Judgment
having been paid by the defendants.
ATTEST:
Valley Heating & Cooling, LLC
~Cdt,~
c tary
byUL~a
Duaine A. Collier, President
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VALLEY HEATING & COOLING, LLC~
Plaintiff
In The Court of Common Pleas of Cumberland
County, Pennsylvania No.~- 915
DONNA J. SYLVAIN. MELINDA ROCKWELL
Defendant Civil Action - Law.
DOCKET NO: CV-0000314-05
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 Common~ and that we will discharge the duties of our office
with fidelity. ~ M ~ c:?i\
Signar t3.cL- ~gnature /ff '-~~.. ~CJ'-"
ROGER . IRWIN, ESQUIRE STEPHEN J. HOGG, ESQUIRE SUZANNE C. HIXENBAUGH, ESQUIRE
Name (Chairman) Name Name
IRWIN & McKNIGHT
Law Firm
LAlv OFFICE OF STEPHEN
Law Firm HOGG
SAIDIS FLOWER & LINDSAY
Law Firm
60 WEST POMFRET STREET
>=- ---.--.----
Address
r
19 SOUTH HANOVER ST
Address
26 EAST HIGH _ ST~~ET .
Address
CARLISLE. PA 17013
City, Zip
CARLISLE. PA 17013
City, Zip
-Mil 301./
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.)
~(.ua NJ't Tf,...,. /"lmNN ~/;:; J~ ~ J4-1'Ut)1/I'v'l tJt: . "lot., LA)
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CART.TST.Er PA ]7013
City, Zip
;t;/)"l/.J-Y
Date of Hearing: 7/31/2006
Date of Award: 7/31/2006
. Arbitrator, dissents. (Insert n~e ~fapplicable.)
~.~
(Chairman)
Now, the /, Ak day of ~~~, 20 0 ~ , at ;;,: 5D , I.M., the above aw
entered upon the docket and notic~.ven by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $ cl q () , o-J
By:
Prothonotary
Deputy
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