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Home My WebLink About00-02582 ~ L ,~"--, -:ili;;.i~ , .. Cumber~and County Court of Common P~eas Civi~ Division Case /I tPa ~ '2- 5'fz-- Civi~ Action Law Francis Vaccaro 35 Greenmont Drive Enola, Pa. 17025 Plaintiff v. (") Cl 0 C 0 "T1 :;;: ::II: :;:J "CD ". mm -< ~~ Z::o zc;:,: (J')dc' --.l :0 -<..2: 0 ~c-J v ::;1 " ZO ::;;: o:n ;;;;0 ~ zO c om Z "'" ~ =< .j::"' -< Deluxe Development Corp. Donald E. Meske PO Box 223 Berwick, Pa 18603 Defendant Complaint The plaintiff purchased bis bome from Defendant, De~uxe Deve~opment Corporation, for which Mr. Dona~d E. Meske is the representative wbo signed the deed, on March 18, 1994. Within t:bree years, the P~aintiff found two very distinct prob~ems wi. th the house. There was a noticeab~e draft coming from the firep~8ce during the winter, w.h:.i.ch made the room very co~d. And the front. doorframe was rotting. AttElll!Pts to bave the Defendant, De~uxe Deve~opment Corp. repair the prob~eJ1JB were :futi~e. 1 "r. ~.,~ . :me firepl.ace was repaired in Marcb 1999, o.n:Ly after aOtaining t:be manufacturer's specifications and presenting t:bem to t:be Codes Enforcement Officer for East Pennsboro Township. After inspecting t:be firepl.ace and ex;rm,ning t:be specifications, t:be Codes Enforcement Officer, dete%7Dined t:be firepl.ace was not in cOll!Pliance wit:b t:be specifica.tions, and ordered t:be DefeDri",nt to repair t:be firepl.ace to conform to t:be manufacturer's specifications. Deluxe Corp. woul.d not even inspect t:be dDor. AttE!II!Pts to contact t:be Defendant, Del.uxe Devel.opment Corp. through t:be Consumer Affairs D;i.vision of t:be State Attorney General.' s Office were futil.e, as t:be Defendant woul.d not respond. The pl.aintiff t:ben contracted a repai.r.man to repair the dDorframe and any col.l.ateral. damage, and prevent recurrence of the same damage. The damage to t:be front dDor was caused by a piece of al.uminum fl.ashing, meant to cover t:be wood tmder t:be dDorframe. The al.uminum fl.ashing bad been cut too smal.l. and allowed water to l.eacb from t:be concrete wall to wood and over time caused premature rotting and deterioration. This was not visibl.e tmtil. parts of t:be dDorframe bad been stripped away. The rotted and deteriorated wood went dDwn to t:be wooden side fl.ooring supports tmder t:be dDor. 2 ~~. ~ I, I "' 1"-. ~ ~I' . Had t:l1e const:ruct:ion workers been proper~y supervised or if inspect:ions of t:l1e work in progress had been proper~y made, t:l1ese const:ruct:ion deficiencies would not: have occurred. 1'.he door has a manufact:urer' s warranty of t:en years. 1'.he frame surrounl'fing t:l1e door, by i.JIp~icat:ion and assimi~at:ion, shoul.d have a simi~ar warranty, as t:l1ey are purchased as a unit:. 1'.he direct: resul.t: of t:l1e poor const:ruct:ion, t:l1e p~aint:iff incurred expenses of $2,307.00 for t:l1e repair of t:l1e front: doorframe and co~~at:era.l area and an est:imat:ed $200. 00 for heat:. 1'.he J:>~aint:iff is request:ing reimbursement: $2,507. 00 of his own cost:s for repair and incurred court: and administrat:ive cost:s of $112.75 1'.he p~aint:iff asks judgment: for $2,619.75. ~ Francis Vaccaro 35 Greenmont: Drive Enola, Pa. 11025 (717) 732-6353 3 ( \, '~iaNEALTN Of PENNSYLVANIA COURl OF COMMON PLEAS I,~ . . 1 ""l;'<IIlli<, NOTICE OF APPEAL JUDICIAL DISTRICT FROM 'i- .;2." - 00 DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. H - ,J ~ ~.2. ~ '-.u.--- NOTICE OF APPEAL Notice is gi_ that the appellant has filed in the above Court of Common Pleas an appeal from the judgmenl rendered by the District Justice on the dale and in the case menIianed belOv.t ..--. CAfC QTY ::~~l-S (UrCCt1W G R.J~ IS Al ft1.o AI T 7) DATE Of NT IN THE C OF (Plaint/ff) ~9 A c lP CODE 7-5"" CV .w.::f.1lJo n 0 <f:t ~o 0 lT 19 This block will be signed ONLY when this notation is required under Po. R.CP JP. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS ta the judgment for possession in this case. Signature of Prothonotary or Deputy ..... (!...." " appellant was CLAIMANT (see Pa. R.cP.JP. No. 1001 (6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his 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.CP.JP. 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 Name of aweJfee(s) . appellee(s). 10 file a complaint in this appeal (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or his attorney Of agent RULE: To Name of appe//f>8(sJ . appellee(s). (1) You are notified that a rule is hereby entered upon you 10 file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time. a JUDGMENT OF NON PROS WIll BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by man is the date of mailing. Date: .19_. SIgnafure of ~ Of Deputy N:JPC 31;2-84 COURT FILE TO IlE FILED WITH PROTHONOTARY .__~Wll:'li~~ .1d_liid "-''':'7 )'11'1 .1 .~ ~ -''It:t'r_ nj;.hOIll~~'"~~~~-~' >:'.' l,\ 'i i I'; ,. i , ! .' I , ! PROOF OF SERVICE OIF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT COUNl'V OF ; 5S i , t. AFFIDAVIT: I hereby swear or afilrm that I served o a copy of the No1ies 01 Appeal, Common Pleas No, , upon the District Justice designa1ed therein on (date of service) 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on , 19.__ 0 by personal s"'vice 0 by (certilied) (registered) mail, sender's receipt attached hereto. o and f':.Jrther that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on _ , 19~ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFII'lMED) AND SUBSCRIBED BEFORE ME THIS _______ DAY OF ____,,19_ . Signature of official before whom af!rdfiVit was made Title alofficial My Commission ex.pjres on .19.-....-.. :"C) ~ '1'.... ~.'J ~ '" t -, ''<) '\.> -, p, ~! ...(:, "\i ~ c l-' ' '" ll.J V \ C; V', ~ r ~ Signature of affiant :{, !',.: 0 a 0 c: 0 :;.:':>, " "l)FJ "'" njf~" :2 'T1 Z:]:.i e'v r= :z: r" N .::~ C':J (j):1> 0" ~t~j ,-:" I -'~'-, ~c, v ~~~ :J;; -'-Co r;y Pc ern L. w ::;! ~ (..J .')::) "< } . .\ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-1-02 , NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE . PLAINTIFF: NAME and ADDRESS 'VACCARO, FRANCIS I 35 GREENMONT DR ENOLA, PA 17025 Mag. Dlsl. No.: OJ Name: Hon. ROBERT V. MANLOVE Add""" 1901 STATE STREET CAMP HILL, PA L VS. .J T""h,"" (717) 761-0583 17011-0000 DEFENDANT: NAME and ADDRESS I)mSI(E, DONALD E PO BOX 223 DELUXE DEVELOPMENT CORP ~ERWICK, ,PA18603 Docket No.: CV-0000042-00 Date Filed: 1/24/00 I FRANCIS VACCARO 35 GREENMONT DR ENOLA, PA 17025 .J THIS IS TO NOtiFY YOU THAT: Judgment: FOR DRFRNDl\.iIiT [!] Judgment was entered for: (Name) MR~~, nnNlIT.n R' [!] Judgment was entered against: (Name) VlIl".l".lI>>n _ F1?l\.NCTR in the amount of $ 00 on: (Date of Judgment) 1/?'Q 100 . . o Defendants are jointly and severally liable. o Damages will be assessed on: (Date & Time) O Amount of Judgment Subject to AttachmenVAct 5 of 1996 $ Amount of Judgment $ .00 Judgment Costs $ ,00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .00 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ o This case dismissed without prejudice. o o Levy is stayed for days or 0 generally stayed. Objection to ievy has been filed and hearing will be held: Date: Place: Time: , certify that this is a true and ~Date L ITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE CLERK OF THE COU COMMON PLEAS, CIVIL DIVISION. YOU SCRIPT FORM WITH YOUR NOTICE OF APPEAL. ANY PARTY HAS THE RIGHT TO APPE OF APPEAL WITH THE PROTHON A MUST INCLUDE A COpy OF TH 0 4jaqj c1J Date, , District Justice proceedings containing the judgment. , District Justice My commission expires first Monday of January, AOPC 315-99 2006 SEAL - t ."" ~- -~,o; :,'-M .__, ,,1'. ":. ." I '. _, _ .t~ ",' ~ ,-~'''c ,__.__~ '--" " ~ Johnson, Duffie, Stewart & Weidner By: David W. DeLuce I.D. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant FRANCIS VACCARO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 00-2582 CIVIL TERM v. CIVIL ACTION - LAW DONALD E. MESKE, Defendant PRAECIPE TO ENTER APPEARANCE AND NOW, this 9th day of May, 2000, enter the appearance of the undersigned on behalf of the Defendant, Donald E. Meske, in the above-captioned action. :134314 <'"_6 ,"' "' """" -,p ,~" . \. CERTIFICA TE OF SERVICE AND NOW, this 9th day of May, 2000, the undersigned does hereby certify that he did this date serve a copy of the foregoing Praecipe to Enter Appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Francis Vaccaro 35 Greenmont Drive Enola, PA 17025 EIDNER '~ iilBliti~ " ~~lIIR8.~~~'-"""""" -- 'ilii1Bi~Ji.1:>..Li:;."" I ) '. 0 CJ ~ C C.:;) s: :3: :Ii .,., -om "" mm -< tl1p Z:::rJ :g~ V5~: <:) -< :2: c") .::::\ . GO "U :C --H ~ ",;() :lit C)~ >~ 1.'=0 Cf! c5 PC ~ Z :::> =< .-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 mallpiece, or on the front if space permits. "-"'- 1. Article Addressed to: ,J;"/-I-P 5. aN I j}(/ fil, e,ffEAlA-af !-- V/T{f);J/9t!...- ~ tJ , ,I4~!?-;<'E 7 '5 r t.e /VlO'f /J tF j},4 /7tJ <f}; - 4..o~,- ~ st:J D. [s delivery address. nt from it 1? If YES, enter delivery address below: o Agent o Addressee DYes D No 3. $e~ice Type .21" Certified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise DC.O.D. 4. Restricted Delivery? (l:xtra Fee) DYes 2. Article Number (Copy from sen.:rce ~beJr- -- ,~-.:.::-"< 'lOOt) e(,ff'i) {)O(....~ PS Form 3811, July 1999 . . _'^'-~":-t"-._-"."u ,.,~-----:;j,..........-.-i.;.""-o."'-",~. ,.",.. ;r;-<J b 1- '-3S7 Domestic Return Receipt ,"._~ "'-., 102595-99-M-1769 U.s. Postal Service , CE~TJFI1.=D MAIL RECEIPT . (Dom~tlc 'f Only; No Insurance Coverage~vjc[ea) ..... '" fT1 ru -'I ~ostage $ g 0- U"J Certified Fee I\{O ,., U"J Return Recelp-t Fee \6'; ru {Endorsement ReqUired) 0 Restricted Delivery Fee 0 (Endprsement Required) 0 Total Postage & Fees $ 0'1 0 J] 0 -- -- 0 0 .0 ..... Case #00-2582 Certificate of Service The undersigned does hereby certify that he did on June 5, 2000, serve a copy ofthe Complaint upon the other parties of record by certified mail # 7000 0600 0025 15962357, addressed as follows: Johnson, Duffie, Stewart & Weidner 301 Market St. Lemoyne, Pa 17043 The defendant's representative has acknowledged receipt ofthe document by signing the PS Form 3811. June 14,2000 . ~~o Francis Vaccaro 35 Greenmont Dr. Enola, Pa. 17025 ~ .'","'. ,-.- -"'.:.,~: t lllIiiiltiilim_..,;f'.WIiiIl-.~ '," '.Mi" <~,- J . . f .. '&~,";\!>;i)jilw,,_r~;;;~M .~-,-" ..~= <,,~,-- '~~-~~ ~II .~.. (") C " u c: C:' -r: ;';;: <- ~G,-;- ~ .. rrlrn ::2 , Z:D ~Q~~ 65t:;;: .<;::' ~Z -:)s'l, keJ ~.,. -~~ ::J ;;:::;0 -..." -'^ ~Q '"'0 !? 51" :Pc: ~.-; ~ .;:> 5:i -<. , J ,0 , Johnson, Duffie, Stewart & Weidner By: David W. DeLuce LD. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Defendant (, I' I f" W jj i~ i; ~j I ~~ I', i! FRANCIS VACCARO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA i; " H ., II i I~ .1 !1 Plaintiff CIVIL ACTION - LAW I, I, I, II ., t; NO. 00-2582 CIVIL TERM v. DELUXE DEVELOPMENT CORP., Defendant NOTICE TO PLEAD ~:: I I; ~ Ii ~ (\ TO: Francis Vaccaro 35 Greenmont Drive Enola, PA 17025 AND NOW, this 4 day of June, 2000, you are hereby notified to plead responsively to the attached New Matter filed by Defendant, Deluxe Development Corp., within twenty (20) days of the date of service hereof, or a judgment may be entered against you. !'i ~j 1~ "I fi I;' \:1 ;{ I. I ! r~ ~ Respectfully submitted, :135481 .~ '. .,n, ".-,"._L' '1. , ~ '0' "'~h, Johnson, Duffie, Stewart & Weidner By: David W. DeLuce LD. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant FRANCIS VACCARO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-2582 CIVIL TERM v. CIVIL ACTION - LAW DELUXE DEVELOPMENT CORP., Defendant ANSWER TO COMPLAINT AND NOW, this J t./ day of June, 2000, comes Defendant, Deluxe Development Corp., through its undersigned attorney~nswers the Complaint against it filed by Francis Vaccaro, as follows: 1. Admitted. 2. Denied as stated. It is denied that Plaintiff found two very distinct problems with the house. On the contrary, any problems which were the result of actions by the Defendant were timely addressed by the Defendant. Any problems with the front door frame rotting was the direct result of the failure of the Plaintiff to properly maintain the door frame, which is the Plaintiff's responsibility and does not come within any warranty. 3. Denied. Any problems with the home which were the responsibility of Defendant were properly addressed by Defendant. 4. Denied as stated. It is specifically denied that the fireplace was improperly installed. Furthermore, as determined by the Code Enforcement Officer, the fireplace and chimney system were installed in accord with the manufacturer's specifications. ,~. "n ., , '- " ~ . .. ,,," ,',;' . ,;'], ""' '~ .h-_;,.. <",+,'," -,""L-",,".", .,"_. .~" 5. Denied. Defendant sent a representative to inspect the door, who determined that there was no maintenance done on the door and any damage was due to the weather. Any allegations of what may have transpired with the Consumer Affairs Division of the State Attorney General's Office is denied, and in any event is irrelevant and not admissible in this proceeding. 6. Denied. Any damage to the front door frame was the direct result of Plaintiff's failure to maintain the door frame and not any defective workmanship by the Defendant. 7. Denied. See Answer to paragraph six (6) above. 8. Admitted in part. Denied in part. It is admitted that the door has a manufacturer's warranty and the home did come with a warranty. However, the warranty does not include maintenance work, which is the responsibility of the Plaintiff, and it was not performed. 9. Denied. After reasonable investigation, answering Defendant is without information sufficient to form a belief as the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at the time of trial if deemed material. 10. Denied. After reasonable investigation, answering Defendant is without information sufficient to form a belief as the truth or falsity of the averments in this paragraph and, therefore, denies the same and demands strict proof at the time of trial if deemed material. WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed and that judgment be entered in favor of the Defendant and against the Plaintiff. NEW MA TTER AFFIRMA TIVE DEFENSE - STA TUTE OF LIMIT A TlONS 11. 18,1994. Settlement on the sale of this property from Defendant to Plaintiff occurred on or about March 12. The Complaint against Defendant, Deluxe Development Corp., was not filed by the Plaintiff with the Prothonotary until May 17, 2000, more than six (6) years after settlement on the sale of the house. " . - ~ .. ,'~< ,~. ro_ -v~ , ", " -__~- , --I '"".;1, -: _I -', " ,,_~.._ ; ", 'Hi 13. While Plaintiff did file a Complaint against Donald E. Meske on January 24, 2000 before District Justice Robert B. Manlove, the only Defendant in said action was Donald E. Meske and not Deluxe Development Corp. 14. An action was not brought against Defendant, Deluxe Development Corp., until after the passage of either the two-year Statute of Limitations applicable to negligence claims or the four-year Statute of Limitations applicable to breach of contract claims. 15. By reason of the foregoing, any claim on the part of Plaintiff against Defendant, Deluxe Development Corp., is barred by the Statute of Limitations. WHEREFORE, Defendant demands judgment in its favor and against Plaintiff. ~fr~ avid W. eLuce Attorney I.D. No. 41687 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendant Date: :135481 . , "~ < ,~' " = . _._'0.' -""",";il VERIFICA TION The undersigned, Jerry W. Simpson, Field Manager of Deluxe Development Corp., says that the facts set forth in the foregoing Answer and New Matter are true and correct. This verification is made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsifications to authorities. DELUXE DEVELOPMENT CORP. II II il 1] II I: II ,. I ] I I ,I I I I I ! Dated: {,~ ~ . , -" ,~,. -,"",--, --, -. Jc+-i' 1.- - '~" ~': Iii ", in J.i !'i ~J lj 'I 1 " '1 I 'I CERTIFICA TE OF SERVICE AND NOW, this 4 day of June, 2000, the undersigned does hereby certify that he did this date serve a copy of the foregoing Answer and New Matter upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: " I j , .1 I .. . I i ~ ,,' ] I ~~ rl fl I:.: 1 I' "' !i il i~ I " ~ I ~ 'I ,1 11 ~ I I Francis Vaccaro 35 Greenmont Drive Enola, PA 17025 :135481 !iillillBliJ.. '" ., ....~'IiIiiIlIi~iiiI~ ,~."...:,; ~- >a~!lil\!~' ,-~ ,i--,~ lii.""-' ," ~ "' "~-~" .,,, - ~ er: o c s::: -C'{:'.. 52~n ze- (f)J'" -<2:.----: ~C) p ..~CJ ~o >c ~ c ,....., 6 '- .:.~ C;, :-l c'; ~..:() -," ,. :-~~~ u ;:i :iJ -< .'1.:1 :.1;: to.) N ...,J , - -<"'-,,~.. - "~' "' -", "-",^, --, :-. ,', ,; 1-,-,-, l" ~ " ......-;1 I I ,. ~ Johnson, Duffie, Stewart & Weidner By: David W. DeLuce LD. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant FRANCIS VACCARO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 00-2582 CIVIL TERM v. CIVIL ACTION - LAW DELUXE DEVELOPMENT CORP., Defendant PRAECIPE TO STRIKE APPEAL AND NOW, this J.!i- day of June, 2000, comes the Defendant/Appellee, Donald E. Meske, by and through his attorneys, pursuant to Rule 1006 and files this Praecipe with the Prothonotary to mark the appeal filed by Francis Vaccaro, Appellant, against Donald E. Meske stricken from the record because the Appellant has failed to file a Complaint against Donald E. Meske within 20 days after filing his Notice of Appeal on April 26, 2000. Respectfully submitted, :135115 June 16, 2000, Appeal Stricken. Curtis R. Long, Prothonotary .BY: L)"....D 2. 0(rT1~U~ ,. ...... CERTlFICA TE OF SERVICE AND NOW, this / J day of June, 2000, the undersigned does hereby certify that he did this date serve a copy of the fore~cipe to Strike Appeal upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Francis Vaccaro 35 Greenmont Drive Enola, PA 17025 ~-~ .. .~iIJl.IIllIl;W!~!hIW& '~-"~~liaIM:ltlii~ L 1lii~~firi""" '.'- , ~ ". ... n 0 0 C 0 -n :s:: I".- -0 CD c:: [Drn ~:: f--:::" Z"f" :::~"'; r..s '7L;'- 0" We: ;,~) ,i) ",<,e:: \2C -0 :-~-j~.\ ~Q ~..i... ~~ -C; S'? :PC ~ -;7' :,..) ~ :.1.1 \.0 -< ~;'I""~;:;"~illl.~-I~~",_,",J!ll~~iI!\liIl!i~,1fl~J!Il.'l1!.~~~Wlllw;lJl~~~;~~I~!/l,!I~~!l\l!!IIJ~-PIfJ~~.1\\tilt!!l,'ll~\'''''''"" COMMONW~ALrH OF PENOlS'i"LVANU' ." ", ' . .! ' 'NOrrCEOFAPPEAL . . ..auRtoF C~MON PLEAS' i.' .j , fROM 'i - .;2." - 00 -JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. H>~ ;;S"',l:J.. ~ I.u.~ NOTICE OF APPEAL Nofice is given that the appOl!ant has iiled in the a.l1ove Caurt af Camman Pleas an ,appeal fram the judgment rendered by the. District Justice an the date and in the 'caSementianei:l below. . . Signature of Prothonotary or Deputy I MAG ~~ q ~'i: OnJ~ r-- orv rJATE ' CN 01- I A- 11 2-.5"" ti ~ (Defendant) V It (' ell /Lo vs. U O.v .+t.!) ;.1tA i'SKi!' S1GNATUREOFAPPB.~ RHISATTORNEYORAGENT t;w. ytt.- #ivft()'MeO ~ d:;"'<I --::. If appel/ant was CLAIMANT (see. Pa; R.C.P.J.P. No. 1001(6) in action before Distr,ict'Justice,he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. NAMEOF~Nr ' , -: iR A"N'~ 16 . tv,4 c c A /4) ADORESS~5UA(; It €eAl/flo 1\1 T 7) /l... DATE3 ~4 00 INTHE~ft~~nt;)I;$ CUlM NO ZP CODE CV~ tJf;ooo'f~""oO IT 19 This black will be signed OlillY when this natatian is required u'l,der Pc. R'cP JP. ~ 10088. " .' \ This Notice af, Appeal, when received' by the District Justice, will. aperate as 'a SUPERSEDEAS'ta the jWgment far passessian in this case, O~1. .~: <" Enter rule upan Name, of appellee(s) ,appellee(s), talile.a camplainHn this appeal (Camman Pleas No. ) within twenty (20) days after service af rule auuf~ entry af jWgment afnan pra~ SigiyJtiJre 6f-~appeHant or h~ attorney or agent RULE:Ta Name of appe)Joe(s) , appellee(s). (m You are.natilied that a rule is hereby entered upan you Ia lile a camplaint in this appeal within twenty (20) days after the date af service of,this rule uP,"" yau'.by persanal serv~...cIr by certilied"ar registered maiL (2) ~yau da nat file'a camplaint within this time, .a JUDGMENT OF NON PROS WIll 8E ENTERED AGAINST YOU. (3) The date af service af this rule if service wesby mail is the date af mailing. Date: ,19_. SignaIute of ~ or ~ AOPC 312-84 COURT FILE "';".."".. ,_ ~" "",,,,.' :;...:_", ,,,,_,,~W,"',,,,'-,,,__.____ >,;~.- -- -- > ".'"",'._u,,,,' ".", -'--., , .~ ~1t;j;~ilil!W!~W~-1i"ffliOJl>:~llit~~~!~~~/!'Itf':"_~~~'rl\\.I~'~:;rI')~,r!J!l".~_-,T_l'-!!jil,~_~l!I)1".'IJL_ !, ---""i' , _. _".,_""JB:~,: ~ ,~, .1 ,~;,,!if,.~J[\1l1~,,", Jl.,,1 --~~" . ' , '" . . PRl:)(.'lF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FilE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10,1 DA YS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF__~"..,~e tt.. /,<",,:)> ; $5 ,~FFIDA VIT: I hereby swear or affirm that I served e~- Z-:~J?,; o a copy cf the Notice 01. Appeal, Gommon Pleas No. . upon the District Justice designated therein on (d"le of service) _-!l~" 0 , 0 P'y personal serY'Ke j;8:by (certified) (registered) mail, sender's reced attached hereto, and upon the appellee, (name) l:M-I)(' (S V~~ .... ' on C , Hl__ by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, o and 'further that I served the Rule to File a Compla: nt accompanying the above NotIce of Appeal upon the appellee(s) to whom the Flule was addressed on , . 19~ 0 by personal service 0 by (certified) (registered) mE,il, sender's receipt attached hereto. SWORN (AFFIFlME\\. AND SU8SIT~ IBED.,.8EFORE ME . ~ ~ u L; 7..cO D fHIS '---__ DAY OF , P YI " ,,1Sl. ~/ .-//./;7 j ".' " , I.~-~"''"'''' -'S;gnatu'E of Offi<;jtJ:f whom 9t;;;;'" was ,-7H){!{j ~ /1 ... /.-" ,,- - -. . .,~ "', , ~- dc--- ',' _ ' Signature of affiant Tille of omafa! My commiSSion_expires on , 19_____ () 0 ~ c 0 ,,~ *"0--"'" :x ._, mOO "'" :r: ::n zg) -< "2: ~ :nr=- C"S:;: DZ .... ;:0 ;:SZ (~ ' ;<0 -0 ~O -C '"""to ::r .. :!:I 0(') TO N z "c .. Orn ~ ::- ~ I Notarial Seal Kartic 'C. pass, Notary Public ,_ East Penrrsboro Twp., Cumberland County My CommiSSIon 'Expires June 10, 2000 Member, Pennsylvania Association of Notaries ...I 11. .- '''__am- _. '~"T"~"'- ~ ,--~. ..~- '" _"_'"0__. -.-" - c'--_ . . 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 maJlpiece, or on the front if space permits. 1. Article Add(essed to~ VO-lJlr-<..D (; !J1csKc pO 730')( 2. '-.::, VC-UA1CG DSVc1-0j)Jl1DJTG,t)> i3c!LWfC/C , Pit- l'8'hV~ x D. Is delivery address different from item 1? If YES, enter delivery address below: p. O. ~Oj 3;:} 3 ~Po.... IZW-0323 o Agent o Addressee DYes o No 3, Servic~ype s-certified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise Dq.O.D. .4.. ~.~tr}cte~ ~liv~r'YJ_J~~f~J 2. Article Number (Copy from service label) d <::?'"htJ ? 70'1 '/ .Wo;l 0)12 'J...3(17 0 "" L-> PS Form 3811,' July Hi99~ - - -Domestic Return Receipt _u 0 Yes 102595-99-M.17S9 I ,,---' /" u.s. Postal Service CERTIFIED MAIL RI;.,CEIPT (Domestic Mail Only; No Insurance Cov"etbge Provided) . . m o ...n co o Postage $ =t' =t" Certified Fee m Return Receipt Fee ru (Endorsement Required) t:l Reslrlcted De!ivery Fee CJ (Endorsement Required) o CJ Toral Pos1:.l;lge & Mles $ o I:l' m 0- 0- o "" PS Form 3800. July 1999 __ ~__~ __ _Se$Rt1vetSe tOt Inslructions . . ~,' - ~~, -" ,-, '- .... Cumber~and County Court of Common P~eas Civi~ Division Case #" (p-"2- 5" ??-- Civi~ Action Law Francis Vaccaro 35 Greenmont Drive Enola, Po. 17025 Plaintiff v. Deluxe Development Corp. Donald E. Meske PO Box 223 Berwick, Pa 18603 Defendant Complaint The P~aintiff purchased his home from Defendant, De~uxe Deve~opment Corporation, for which Mr. Dona~d E. Meske is the representative who signed the deed, on March ~8, ~994. Within three years, the P~aintiff found twovezy distinct prob~ems with the house. There was a noticeab~e draft coming from the firep~ace during the winter, which made the room vezy co~d. And the front doorfrEUQe. was rotting. AtteJI!Pts to have the Defendant, De~uxe Deve~opmen.t Corp. repair the prob~ems were futi~e. 1 " ."0:. ,":- ,,-. . < '" 7'he firep~ace was repaired in March 1999, only after obtaining the manufacturer's specifications and presenting them to the Codes Enforcement Officer for East Pennsboro Township. After inspecting the firep~ace and examining the specifications, the Codes Enforcement Officer, detezmined the firep~ace was not in cOJl!P~iance with the specifications, and ordered the Defendant to repair the firep~ace to conform to the manufacturer's specifications. De~uxe Corp. wou~d not even inspect the door. Atteupts to contact the Defendant, De~uxe Deve~opment Corp. through the Consumer ~fairs Division of the State Attorney Genera.l's Office were futi~e, as the Defendant would not respond. 7'he p~aintiff then contracted a repairman to repair the doorframe and any co~~atera~ damage, and prevent recurrence of the same damage. 7'he daillage to the front door was caused by a piece of a~uminum f~ashing, JDeant to cover the wood under the doorframe. 7'he a~uminum f~ashing had been cut too sma~~ and a.l~owed water to ~each from the concrete walk to wood and over time caused premature rotting and deterioration. 7'his was not visib~e unti~ parts of the doorframe had been stripped away. 7'he rotted and deteriorated wood went down to the wooden side f~ooring supports under the door. 2 " ,I, _" IW-.,,:j , j 1 :1 II I Ij ! ! I I I , .... Had the construct:ion workers been proper~y supervised or ir inspect:ions or the work in progress had been proper~y made, these const:ruct:ion dericiencies woul.d not: have occurred. The door has a manuract:urer r s warranty or t:ei:l years. The rrame surrounding the door, by imp~icat:ion and assimi~at:ion, shoul.d have a simi~ar warranty, as they are purchased as a unit:. The direct: resul.t: or the poor const:ruct:ion, t:he p~aint:irr incurred expenses or $2,307.00 ror t:he repair or the rront: doorrrame and co~~at:eral area and an est:imat:ed $200.00 ror heat:. The p~aint:irr is request:ing reimbursement: $2,507.00 or his own cost:s ror r~air and incurred court: and anminist:rat:ive cost:s or $~~2 . 75 The p~aint:irr asks judgment: ror $2, 6~9. 75. S)7~V ~~~ -- Francis Vaccaro 35 Greenmont: Drive Eno~a, Pa. ~7025 (717) 732-6353 3 J~~il!l'INl!IIJIiW~~fi.~"'lffi'Jl;-,"_lll!lill!l.\Oe!il_~~","",_.il;~],)j~l>lii;<!Id;~.!ilil ..b~ '1"rh..""",,"" _. 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