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HomeMy WebLinkAbout06-6305COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE J 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. NA OF PELLANT MAG. IS 0. ?"? - ? NAME .D.J. _c1 ?. t ? Cha ( A0DRESS%OF APPELLANT L rC y try-l e? I STATE ? ZIP OD J4 I ?? 0'7 , r 0 . ? 1 DATE OF JUD MENT IN T SE OF (Plaintiff) 1 r (De/endant? ?J ` vs 1 DOCKE No. SIGNATURE OF P NEY OR Cv -C)CY.? This block will be signed ONLY when this notation I equired under Pa. If a ell nt we lai nt (see a. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 100813. This Notice of Appeal, when received by the District Justice, will operate as a before a Distric 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 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 o peal to be served upon appelle . PRAECIPE: To Prothonotary Enter rule upon lTee7s), to file a complaint in this appeal 6 3? Name of appellee(s) ) wit n twenty (20) days after service of rule er entry of judgment of non pros. (Common Pleas No. ../17 i na o a pellan, or attorney or a 1 RULE: To QQ S , appellee(s) Name of appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: O,++ 3 y , 20 61,,, Si azure of Prothonotary o tqzi YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - 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 OFAPPEAL 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 201 Signature of affiant Signature of official before whom affidavit was made Title of official My commission expires on 20 N l?l^ v( N F r o q C- v+ -v C:D - t nor n ms CD -! COMMONWEALTH OF PENNSYLVANIA r-P) l I NTY r )p- CUMBERLAND Mag. Dist. No.: Telephone: (717 ) 728-2805 17025 09-1-03 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS r-BURRIS, ROBERT 447 3RD STREET ENOLA, PA 17025 MDJ Name: Hon. RICHARD S. DOUGHERTY Address: 9 8 - S ENOLA DR STE 1 ENOLA, PA BOB RACE 419 3RD STREET ENOLA, PA 17025 Amount of Judgment $ 6, 701. Z0 Judgment Costs $ 121.56 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 2,682.86 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ I 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 JUDGMENWRANSCRIPT 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. , Ma$1j;- ial'District Judge j7z" Date I rtif that this is a true and co ect copy th of t e edings cor0nfng the JWdgm4nt Date , IV;lagit+P ©istrict Jutge My commission expires first Monday of January, 2012 StA,L AOPC 315-06 Y DATE PRINTED:. 10/06/06 3:00:00 PM ' THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF (Date of Judgment) Fx1 Judgment was entered for: (Name) BURRIS, ROBERT in the amount of $ ' VS. NAME and ADDRESS 10/05/06 ® Judgment was entered against: (Name) MACE, BOB 2 682 8 Defendants are jointly and severally liable. F] Damages will be assessed on Date & Time F] This case dismissed without prejudice. F] Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ L DEFENDANT: rN-ACE, BOB, ET AL. 419 3RD STREET ENOLA, PA 17025 I -I LL J Docket No.: CV-0000253-06 Date Filed: 8/30/06 COMMONWEALTH OF PENNSYLVANIA r•nl INITY 01=- CUMBERLAND Mag. Dist. No.: 09-1-03 MDJ Name: Hon. RICHARD S. DOIIQHBRTY Address: 9 8 S ENOLA DR STE 1 EMOLA, PA Telephone: (717 ) 728-2805 17025 TRACE MAXWELL 419 3RD STREET ENOLA, PA 17025 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rBURR,IS, ROBERT 447 3RD STREET ENOLA, PA 17025 L J VS. DEFENDANT: NAME and ADDRESS rNACL, BOB, ET AL. 419 3RD STREET ENOLA, PA 17025 L J Docket No.: CV-0000253-06 Date Filed: 8/30/06 THIS IS TO NOTIFY YOU THAT: DEFAULT - JUDGMENT PLTF. (Date of Judgment) Judgment:' 10/05/06 rX1 Judgment was entered for: (Name) BUMIS, ROBERT ® Judgment was entered against: (Name) MACE, BOB in the amount of $ 2 , 682.8 Defendants are jointly and severally liable. Damages will be assessed on Date & Time 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 $ Amount of Judgment Judgment Co;ts Interest on Judgment Attorney Fees Total $ 2,561.36 $ 121.50 $ .00 $ .00 $ 2,682.86 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 JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REOUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date , MagjstOrlal"District Judge I rtif that this is a true and co ect copy th 14 oft e p edings containing tp j dgm rat. Date ; Nta0s4erial District J'0'6ge My commission expires first Monday of January, 2012 SEAL AOPC 315-06 DATE PRINTED: 10/06/06 3:00:00 PM T, - m r` CERTIFIED ' • ,. . uI (Domestic rti For delivery information visit our website at www.usps.corre . i ? 11, ll II„ , Postago $ Postage $ ; Mp Certified Fee $2,40 12 m $2,4!i 12 Q t P mark O Certified Fee Q Postmark Q Return Reciept Fee $0. i 0 (Endorsement Required) ere Q Return Reciept Fee $Il, [!t7 (Endorsement Required) Q3 Restricted Delivery ry Fe a $Ij j ?j i 0 (Endorsement R Restricted Delivery Fee $j I ?Ij t m ired (Endorsement Required) Total Postage & Fees $2.79 11/08/2006 rq $2.79 111(!8/2006 Total Postage & Fees s ? Q Seni To l `? I? ? Sent To Q 7 ? r _ . n J, - -- - Street Apt. No.; (? ? -S`treef, Apt. o.; ...::? or PO Box No. Ll -/ -7 3 / `- 0 or PO Box No. S. J r ' , -°- °•.. = City State, Z1P+4 S! ..._ CNy State Z1P+4 3800, June 00 PS Form :0 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITFVN TE. " C_ - IFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH F kEausd VCOUNTY OF I; ss AFFIDAVIT I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Ple 'upon the District Justice designated therein on 11 I / 1. 20 L3 by personal se icertifi ) (registered) mail, (date of service) _W, j? # sender's r ceip ched hereto, and upon the appellee, (name) on 7 20_a L3 by personal service.- ,• by (certif?d) tf ) mail, senderI r s receipt attached hereto. Signature of affiant OOMMONWE,q -TH NNSYLVANIA o FP ?erl if cr+ n er N. C3row, Naby puW ?Spfing Tthp." ""'r' i r Q "= = R1 F wry ypm10 '^7 ? E wjam 2% IIDO = a' i' F r M r B y?wnfa Alfr0p11g0 v? o s Q Q d 7 e AI NptMy? i- , 2 j . r z ?. C) ©M CO My commission expires on t)?-, 2M_. 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. AP?PE,LtLANT {r? i t r-CITY STATE r 21P OD + ' S DATE OF JUD MENT IF'. SF OF (Plaintilr) T ? e (Dendant" fe [1 3 T I `. L 1 DOCKET No. SIGNATURE OF J NEY O / ` y l I. A isle` In ., , Q This block will be signed ONLY when this notation ill-required under Pa. If a pel nt waV1.e1"-,. nt (see a. R.C.P.D.. 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 Distric , A CO MPLAINT 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 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 "peat to be served upon appellee.,,, ` PRAECIPE: To Prg"notary Enter rule upon ee s), to file a complaint in this appeal Name of appellee(s) .?1,0?.9 (Common Pleas No. le )wit Vn twenty (20) days after service of rule 11111Vfer entry of judgment of non pros. \ ?! y i na oja pellant o?rrattorney or a ent i` RULE: To appellees) 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 n,%A*T&M*rit within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. ?t, (3) The dpte Of-service of this rule if service was by mail is the date of the mailing. Date: .320 r r Sig _ ure of Prothonotary YOU Mi 'f INCLUDE A COPY OF TFfE NOTICE OF JUDGMENTITRANSCRIPT 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 Tn RF SFRVFn nu nicrolnr --- ?????nt??f - /?.vb2r? ?v????? V" SAM TrAt7 Or"IInIn ?)etisc 1c?0, DCv- ?3 0!s- c;vi i Tcr? o?? tin ? !v i ? yrt ! 6i,. v? 1 6 ? ???'?A 1 ?G? Ls.` ??1 S? `?o/d /X f 7 f?C G ?.. ?l ea52? ?c S Cv 1J / // v? i ?? S 70 o k ?? ?8 10i 5 7"i' i s Me3. Trc,tr fi? -i x w? l (, 1 r?od? ?- t ov?r ?- fo" -T l wGY? I- p-C- 52r?i ce 5 nv reri Ar gobe(- ' y1/a c? a„L. 1'1'1?s, fir??t MAX w??t r?v?l ,t Tp J t. ?/ cr 1 JT f r A?L v"e- T ? I11 A r `? l pr G? C -tom rn"1 070/1 6-'( f; dZo??" 1(1uC2 tV??Gd S?iw??! 64 Coat 7" avYd ?oSr 7u??n-,chTr v4 ? i?rS, T«C h1a.rCc?.II ?a S ??juVt ? ?,? ? I ?v/ ?- s wG f?, Y r (ff i- ASk2d.riVcrw1 ?in-P-S tm/ ynaCr-1?, Q r ? I ?? ? cT ?Q?`? ? ?oQd'S G?.?l G ,l rn tt-u???S OCR, 1''300(0 d goo off John A. Davidson, Esquire Law Office of John A. Davidson 208 North 3rd Street, Suite 130 Harrisburg, PA 17101 (717) 238-4043 JAD e,JohnADavidsonesq.com ROBERT P. BURRIS, Plaintiff PENNSYLVANIA V. ROBERT NACE, & TRACY MAXWELL, Defendant Marlene A. Tremmel, Esquire Law Office of Marlene A. Tremmel 208 North 3rd Street, Suite 130 Harrisburg, PA 17101 (717) 232-4740 Tremmel.lawkverizon.net : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : NO. 2006 CV 6305 : CIVIL ACTION Praecipe for Entry of Appearance To the Prothonotary: Enter our appearance on behalf of ROBERT P. BURRIS, Plaintiff. Papers may be served at either address set forth below. John A. Davidson, Esquire Law Office of John A. Davidson 208 North 3rd Street, Suite 130 Harrisburg, PA 17101 (717) 238-4043 JADOJohnADavidsonesq.com Date:--I Marlene A. Tremmel, Esquire Date: 7 O Law Office of Marlene A. Tremmel 208 North 3rd Street, Suite 130 Harrisburg, PA 17101 (717) 232-4740 Tremmel.lawkverizon.net ?C?, ?. ]? N14 ?A o TtY11`fYlA? ?- t '^`3 ?? V??; ?? i.1 ., 7 _ '? ?? f! A ROBERT P. BURRIS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. CIVIL ACTION - IN LAW ROBERT NACE & TRACY MAXWELL : NO: 06-6305, CIVIL TERM Defendants PETITION FOR LEAVE TO FILE AMENDED COMPLAINT Petitioner, Robert P. Burris, by his undersigned attorney, hereby petitions this Honorable Court for Leave to File an Amended Complaint. In support thereof, Petitioner avers as follows: 1. The Petitioner was previously unrepresented by legal counsel. 2. The Petitioner recently obtained legal counsel. 3. The Petitioner would like to include additional claims against the Respondent. 4. Petitioner seeks leave of the Court to file an Amended Complaint. WHEREFORE, Petitioner, Robert P. Burris respectfully requests that the Petition for Leave to File an Amended Complaint. Respectfully submitted: Marlene A. Tremmel, Esquire PA - I.D. # 203890 Law Office of Marlene A. Tremmel 208 North 3rd Street, Suite 130 Harrisburg, PA 17101 Telephone - (717) 232-4740 Fax - (717) 232-6051 VERIFICATION I, Robert P. Burris, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing document; and the facts stated therein are true and correct to the best of my knowledge, information and belief I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. f, &-'0 -&4? Robert P. Burris Dated: tr LZ Y /'v ? C'1 r-lzl O 17 -s r J d "7 z. rll is SEP 172001 ROBERT P. BURRIS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. CIVIL ACTION - IN LAW ROBERT NACE & TRACY MAXWELL NO: 06-6305, CIVIL TERM Defendants AMENDED PETITION FOR LEAVE TO FILE AMENDED COMPLAINT Petitioner, Robert P. Burris, by his undersigned attorney, hereby petitions this Honorable Court for Leave to File an Amended Complaint. In support thereof, Petitioner avers as follows: 1. The Petitioner was previously unrepresented by legal counsel. 2. The Petitioner recently obtained legal counsel. 3. The Petitioner would like to include additional claims against the Respondent. 4. Petitioner seeks leave of the Court to file an Amended Complaint. 5. A judge has not ruled upon any other issue in the same or related matter. 6. Neither defendant in this case has counsel of record. Plaintiff did not, prior to filing this petition; inquire as to the defendant's concurrence or objections. WHEREFORE, Petitioner, Robert P. Burris respectfully requests that the Petition for Leave to File an Amended Complaint. Respectfully submitted: Marlene A. Tremmel, Esquire PA - I.D. # 203890 Law Office of Marlene A. Tremmel 208 North 3`d Street, Suite 130 Harrisburg, PA 17101 Telephone - (717) 232-4740 Fax - (717) 232-6051 VERIFICATION I, Robert P. Burris, hereby acknowledge that I am the Plaintiff in the foregoing action;, that I have read the foregoing document; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. 1Z?x 1 Robert P. Burris Dated: cl /4/07 ? ??yy ? '+•f"' l.r .. -'P 7I....• :jc ?'j N AUG 312007p'i F ROBERT P. BURRIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION - IN LAW ROBERT NACE & TRACY MAXWELL NO: 06-6305, CIVIL TERM Defendants ORDER AND NOW, this 2t o day of 1'?l 2007, upon consideration of Petitioner's Petition for Leave to File Amended Complaint and thPsponse theme it is hereby ORDERED and DECREED that the Petitioner's Petition is granted and Petitioner shall have twenty (20) days from the date of this Order by which to file an Amended Complaint in Divorce. BY THE COURT: .i " ? `'?? 1:' ?; ? i .,7 }? ??M??? •LJ tp ? 4J '? .. ?"' ? d ?~t 1?^s 0 ROBERT P. BURRIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION - IN LAW ROBERT NACE & TRACY MAXWELL NO: 06-6305, CIVIL TERM Defendants AFFIDAVIT OF SERVICE I, Marlene A. Tremmel, hereby verify that on the 2nd day of October, 2007, 1 served the Defendants with a true and correct copy of the Petitioner's Petition for Leave to File Amended Complaint by one of the following methods: ( X) Service was made by United States Postal Service, first class mail, postage prepaid, certified, restricted delivery, return receipt requested to the Defendant, on the 2nd day of October, 2007. The return receipt signed by the Defendant is attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: October 3, 2007 L-??A - Marlene A. Tremmel, Esq. 0 1% ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number ?006 2760 (Transfer from servrce iabe X Agent B. ?16?e t ame) C. D4te o Delivery D. Is delivery ehdres's different from Item 1? 0 Yes If YES, enter delivery address below: 0 No 3. ce Type Catifled Mall O Express Mail C3 Registered 0 Return ReWpt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 0003 8845 6712 PS Form 3811, February 2004 Domestic Return Receipt ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Pont your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: X 102595.02-M-1540 Of I /EE&-/ 2I ?? D. Is deliv y addresli from Rem 1? If YES, enter delivery address below: C .40 ? 3. rC:e:=jm ? Express Mail stered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Num ?006 2760 0003 8845 6729 (ransfer fro . PS Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1540 ?t??v? PPc ?'1? na 0 0 nrFri ?c? ;o • ROBERT P. BURRIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION - IN LAW ROBERT NACE & TRACY MAXWELL : NO: 06-6305, CIVIL TERM Defendants AMENDED COMPLAINT Plaintiff herein, Robert P. Burris, by and through his attorney, hereby files the following Complaint: 1. The Plaintiff is Robert P. Burris, residing at 3701 Lisburn Road, Mechanicsburg, PA 17055, hereinafter "Plaintiff'. 2. The Defendants are Robert Nace and Tracy Maxwell, residing at 122 Creekside Drive, Enola, PA 17025, hereinafter "Defendants". 3. On July 30, 2006, the Plaintiff, entered into an oral agreement, hereinafter "Agreement", with the Defendant's to have flooring installed in his residence at the time 447 3rd Street, Enola, PA 17025, hereinafter "Premises". 4. On July 30, 2006, the Defendants came to the Premises to measure the master bedroom, living room, dinning room, kitchen and laundry room for the purposes of installing flooring in said rooms. At that time Defendant Nace stated, "I just found out that the price of the vinyl is going up tomorrow. I recommend you give me the check now for the material so you can save money. 5. On July 31, 2006, the Plaintiff paid the Defendants a sum of $2,561.36 for flooring and its installation. The payment was made with two checks. The first was check number 1020 in the amount of $1500, attached hereto as Exhibit A. The second check was check number 1021 in the amount of $961.36, attached hereto as Exhibit B. The remaining $100 was paid in cash. 6. On July 31, 2006, Defendant Nace stated, I have paid for the material using my savings account money so I need $ 100.00 in cash because I need to buy groceries." Mr. Nace then said, "The job will be done by the end of this week." 7. On August 3, 2006 in response to the Plaintiff's inquiry the Defendant Nace stated, I am working on it. COUNT -I BREACH OF CONTRACT 8. Paragraphs 1 through 7 are incorporated herein by reference. 9. On August 8, 2006, four days after the job was promised to be completed the Plaintiff received the following response from Defendant Maxwell, "We have ordered the vinyl. The kitchen and dinning room vinyl is in, but the rest of the material won't be in until 08/14/06." 10. On August 8, 2006 the Plaintiff requested that Defendant Maxwell have Defendant Nace call and set up a time to install the flooring. 11. On August 9, 2006, the Defendant Nace called the Plaintiff and stated, "I cannot get the job done until next Monday, 08/14/06, because I have other jobs to do." 2 12. On August 9, 2006 in attempting to call Defendant Nace back by calling the number he called from, the Plaintiff reached the Carpet Barn. The establishment where Defendant Nace claimed to have ordered the flooring. 13. On August 9, 2006, a clerk at the Carpet Barn was asked to verify that Defendant Nace had placed an order for flooring for the Premises. Only one order by the Defendant was found. The manager at The Carpet Barn stated that, "This order cannot be yours because Mr. Nace purchased this material at a discounted price saying he had a project to finish at his mother's house." 14. On August 12, 2006, the Plaintiff demanded that Defendant Nace either complete the work contracted for or in the alternative deliver the material that the Plaintiff had already paid for by August 14, 2006. 15. On August 14, 2006, the Plaintiff took off work to facilitate the Defendant's installation work. The Defendant's did not arrive to undertake the installation. The Plaintiff's attempts to contact the Defendant's were also unsuccessful. 16. The Defendants failed to take any action in furtherance of fulfilling their obligations as per the oral Agreement between the Plaintiff and Defendants. 17. As of the date of this amended complaint the Defendant's have made no attempt to refund the money the Plaintiff paid to them nor have they completed the work they were contracted to perform. WHEREFORE, the Plaintiff demands judgment against the Defendant for actual damages of $2,561.36 with interest and costs. 3 COUNT - II UNFAIR TRADE PRACTICES ACT VIOLATION 18. Paragraphs 1 through 17 are incorporated herein by reference. 19. On July 31, 2006 the Plaintiff and Defendants entered into an Oral Agreement for the purchase and installation of flooring for use in the Plaintiffs current home. 20. On July 31, 2006 the Plaintiff and Defendant entered into an Oral Agreement while the Defendants were calling on the Plaintiff's home. 21. At the time the Agreement was entered into the Defendant's failed to provide a receipt that included the notice of the buyer's right to Rescission as required by 73 P. S. § 201- 7(b). 22. From August 3, 2006 to August 9, 2006 the Defendant's repeatedly stated that they were going to proceed with the flooring purchase and installation. 23. During the same period the Defendant's never ordered any of the materials to perform their obligation under the Agreement. 24. The Plaintiff believes and therefore avers that the Defendant's never intended to perform their obligation under the Agreement. 25. The Plaintiff relied on the Defendants' statements that were "working on" getting their agreed to work done. 26. On numerous occasions after August 14, 2006 both Defendants made statements to others that they had ripped off the Plaintiff. 27. As of now, the Plaintiff has suffered damages as the Defendants' never performed their part of the Agreement nor refunded the money they obtained for their promise to perform under the Agreement. 4 28. The Plaintiff believes and therefore avers the Defendant's conduct was fraudulent as the Defendants' entered into the Agreement without intending to carry out their obligations under the Agreement. WHEREFORE, the Plaintiff demands judgment against the Defendant for actual damages of $2,561.36 with interest and costs. Further as provided by the § 201-9.2 of the Unfair Trade Practices and Consumer Protection Law the Plaintiff respectfully requests that the actual damages to be trebled and in addition that the Plaintiff be awarded reasonable attorneys' fees. Respectfully submitted: ;6.0.4 CA 9,?t ?-? John A. Davidson ID No. 2005003 Attorney for Plaintiff 5 OCT-12-2007 FRI 12:20 PM BELCO COMMUNITY CU 717 720 6420 P. 03 Mid-Atlantic Corporate Federal Credit Union Hobert Hurtle .. =..... : - ' .. 1 - Of u 144 OOOS - 1020 - - 447 3rd St eo-eo to LwL PA 19425 0 104 Oro ZAQ JE -1;0.6 er at- I $ 4,5100-00 B1rtQ. 44 ?QQ DOLLARS- ; B o. _ R? sm • eAOA?w?Ur /! 0008 56 54 7 5a' 220 . Q tdRp? , Uocnate 08/02/2006 Serial 1020 Amount 1,500.00 Account 8565175 ABA 23138099 121357o per -. 4De0E! B"O =r9- T? W?t1 PR f 2? t3?3r33 f, 71 3L%B5C - ' J 09 p 3 -r, 1 OCT-12-2007 FRI 12:20 PM BELCO COMMUNITY CU 717 720 6420 Mid-Atlantic Corporate Federal Credit Union P. 04 Rabat Binds Ird 447iuft 447E tuft Ph tD,jt Or ?.?nsc cam.. ? x? Wv01 . ! 77 `OOOG 1029 0 004 ,Q ,,,..,.?..1 $ - er,L ,c o(r W4W poi! A ?B?.ICO 1 w .rte r? QIIJ ? . ?100?MNOf --?? - ern - ?:z???so ??: I?OOaS?547511' e?NUUr boa L DocDate 08/07/2006 Serial 1021 Amount 961.36 Account 8565975 ABA 23138099 I 163'6197779 08072006 vv??031000040 FRB-PM a LA j PR 1) ZZ., US 13099 7 e4 r --, rN r VERIFICATION I, Robert P. Burris, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing document; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. e, Robert P. Burris Dated: /o//b /07 c? `?? r ? .? ?? y? (!? ti ??` `? .!^ ?< ROBERT P. BURRIS : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. CIVIL ACTION - IN LAW ROBERT NACE & TRACY MAXWELL NO: 06-6305, CIVIL TERM Defendants CERTIFICATE OF SERVICE And Now, on this 190, day of October 2007 I, John A. Davidson, attorney for the Plaintiff, Robert P. Burris, hereby certify that I have served true and correct copies of the within documents, on Robert Nace and Tracy Maxwell Pro Se Defendants by depositing same to in the United States Mail, postage prepaid addressed as follows: Robert Nace and Tracy Maxwell, 122 Creekside Drive Enola, PA 17025 The Law Office of John A. Davidson By John A. Davidson ID # 200503 1 -fi C? ? -n ? ,,,..? ..?, k . ?Y ? ? .> ??) _.T ?^'`. ''.... .? ti?.? ?? +' ,.. ? ` !' ` .mow. ? ? `' i. y ry IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT P. BURRIS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA V. CIVIL ACTION - IN LAW ROBERT NACE & TRACY MAXWELL NO: 06-6305, CIVIL TERM Defendants IMPORTANT NOTICE DATE OF NOTICE: November 19,2007 TO: ROBERT NACE & TRACY MAXWELL DEFENDANTS YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO ORTELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDEYOUWITHTNFORMATIONABOUTHIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH R4FORMATIONABOUTAGENCIESTHATMAYOFFERIEGALSERVICES TO El IGIBIEPFRSONSATARFDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Rohn Davidson Attorney for Plaintiff Address: 208 N. 3rd Street Ste 130 Harrisburg, PA 17101 Attorney for: Robert P. Burris Telephone: 717-238-4043 Supreme Court ID No.: 200503 co J , No ROBERT P. BUMS PRAECIPE Plaintiffs In the Court of Common Pleas of Cumberland County vs. 20 ROBERT NACE & TRACY MAXWELL Defendants No. 06-6305, CIVIL TERM ENTRY of JUDGMENT On November 20, 2007 a 10 day notice was filed with the Prothonotary in the above caption matter. As of December 4, 2007 the Defendants Robert Nace and Tracy Maxwell have failed to respond. The Plaintiff requests that a default judgment be entered against the Defendants in the amount of $7684.05 in actual damages trebled under §201-9.1 of The Unfair Trade Practices and Consumer Protection Law plus $1200 in Legal Fees per §201-9.1 of The Unfair Trade Practices and Consumer Protection Law. For a total judgment amount of $8884.05.with interests and costs. To: Dica Prothonotary 20_Q7_ Attorney for Robert P. Burris, Plaintiff ?? ? ?. ? . ? r-6 ` _. O ... $` p ? > s ? , ?° ? c?? ? `D -?. C ?cr - ,_,,,.. ?ej ? ? ` ?' . R? F ? ?,? J , '%- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Robert Nace and Tracy Maxwell 122 Creekside Drive Enola, PA 17025 ohn A. Davidson Attorney for Plaintiff Address: 208 N. 3`d Street Ste 130 Harrisburg, PA17101 Attorney for: Robert P. Burris Telephone: 717-238-4043 Supreme Court ID No.: 200503 ROBERT P. BURRIS ROBERT NACE & TRACY MAXWELL Plaintiff : NO: 06-6305, CIVIL TERM Defendants To: ROBERT NACE & TRACY MAXWELL, Defendant(s) You are hereby notified that on /o1/o(,/o-/ , the following ? Order ? Decree ? Judgment has been entered against you in the above captioned case. DATE: Q _ Jsf a"-? 11*60honotary °AW I hereby certify that the name and address of the proper persons to receive this notice is: