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HomeMy WebLinkAbout02-5466NOTICE OF APPEAL 4WEALTH Of PENNSYLVANIA FROM DISTRICT JUSTICE JUDGMENT .~ juDICIAL DISTRICT __ COMMON pLSAS No- NOTICE OF APPEAL Notice is given that the af~~t has flied in the above Court of Common pleas an appeal from the judgment rendered by the District Justice an the date and in the case me.-tioned beiow. ,v ~ ..... a... ~ nC~?. ~ If appellant was L,-' ' This block will be signed ON[ 1001 ( 6 ) in aCtlO~ b~fore District dost~¢e, he MUST 1008B~ This Notice of .~ap~ml, when received by the District ~ostice, wiSS o~mmte as a SOPERS~DEA$ to ~e jodgment ~or possesdan in this case. FILE A COMPLAINT within tw~rl~ (20) dal/~ after filing bis NOTICE of APPEAL. RULE: N,,me (i) You am notified that a ruse 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 personas service or by certified or registered mail (2) ff you do not file a complaint within this time, a Ju~NT OF NON pROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of maiSi~ AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOT/CE OF APPEAL AND RULE TO FiLE COMPLAINT (Th/s pr°°f °f service MUST BE FfLED W/THiN Tj~ ( lO~ DAYS AFTER f,~ng /he no~e of a ., e ~ ~'~ ~ pp~ a, bnec~ app/~c~b/e boxes) COUUONWEALTH OF PENNSYLVANIA COUNTY OF FFIDAVIT, hereby swear or affirm that ~ serveU ~ ~rv~d the ~j~ t ' . ' ~ Y ~ ;i~~ L~F ...... on mai/ enders rece ~ b L~erson- ~ upon the appe ee(s) ~o whom '" P a~tached hereto. ~ Y. ¢~ se. ,,ce F~ by (cedified) (registered) SWO~N (AFRRMED) AND SUBSC}~)BED BEFORE ME THIS DAY OF COMMONWEALTH OF PENNSYLVANIA ;OUNTY OF: COMBERLAND Mag. Dist. No.: 09-3-04 DJ Name: Hon. Address: 104 S. SPORTING HILL RD. MECHANICSBURG, PA Te,.pho,.: (717) 761-8230 17050 CRAIG BRUNC-~RD 1015 CHIPPENHAMRD MECHANICSBURG, PA 17050 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE; PLAINTIFF: NAME ~'nd ADDRE.SS UMYERS WELD & FAB/DARRYL L. MYERS -1 10 BIG OAK RD. DILLSBURG, PA 17019 VS. DEFENDANT: NAME and ADDRESS FBRUNGARD, CRAIG -~ 1015 CHIPPENHAM RD MECHANICSBURG, PA 17050 Docket No.: CV-0000348-02 I ~ Date Filed: 7/15/02 THIS IS TO NOTIFY YOU. T, HAT:.. . Judgment: ~ Judgment was entered for: (Name) [--~ Judgment was entered against: (Name) in the amount of $ I: ~1 ~ -"/~ on: [--~ Defendants are jointly and severally liable. [---~ Damages will be assessed on: FOR p~T~-TIFF This ~ase dismissed without prejudice. --[Amount of Judgment Subject to Attachment/Act 5 of 1996 $ ~ Levy is stayed for days or ~ generally stayed. [-'-] Objection to levy has been filed and hearing will be held: (Date of Judgment) (Date & Time) Amount of Judgment $ 1,236.75 Judgment Costs $ 77.00 Interest on Judgment $ .0O Attorney Fees $ .0(] Total $ 1,313.75 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ Date: Time: ti' Pl~.~e:' ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL W TH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEA{S;'~I,~/~,~IVISI.ON. YOU MUST,.CLUOE A COPY OF JOOG T " "'PT FO.M II ce,fly that this isa true a~ corr~,~h.~ding~c~ioi~'the judg~t~ My commission expires first Monday of Januar~ 200~ SEAL AOPC 315-99 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE F/LED W/THIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~¢~',~'/'~,,~,//,,~,~ ~"~=.~ '-~'.. ~ ; SS AFFIDAVIT: l hereby swear or affirm that I served ~ copy or,he, Notice Appea~' ommon Pbas No. ~ ..... unner ma~ I served me Hu~ to File a Corn"lain' *c ....... ¢' - / ~ :~ , uu~, s~ders recS~t attached hereto. ~ cum~,~ny~ng ,ne above l~odce o~ ~ppeal upon the appellee(s) to whom the Rude was addressed on mall, sender's receipt attached hereto. ~ey p rsonal serwce ~ by (certified) (reg~sbred) DARRYL L. MYERS d/b/a MYERS WELDING & FABRICATION, Plaintiff CRAIG A. BRUNGARD, Defendant IN THE CO~T OF COMMON PLEAS CUMBERLAHD COUNTY, PENNSYLVANIA NO. 02-5466 CIVIL CIVIL ACTION - LAW 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 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(s). You may lose money or property or other rights important to you. YOU SHOULD TARE THIS PAPER TO YOUR L~WYER AT ONCE. IF YOU DON'T 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 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGAGO O SI NO TIENE EL DIN~RO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR iDONDE SE PUEDE CONSEGUIER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-31'66 800-990-9108 DARRYL L. MYERS d/b/a MYERS WELDING & FABRICATION, Plaintiff V CRAIG A. BRUNGARD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5466 CIVIL CIVIL ACTION - LAW COMPLAINT AND NOW, this /0~ day of December, 2002, comes the Plaintiff, DARRYL L. MYERS d/b/a MYERS WELDING & FABRICATION, and respectfully represents the following: COUNT I: BREACH OF CONTRACT 1. Plaintiff, Darryl L. Myers, is an adult individual, who resides at 112 Ridge Hill Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Plaintiff is the sole proprietor, owner, and operator of a welding and metal fabrication business t[~at trades and/or does business as Myers Welding & Fabrication, having a principal place of business at 10 Big Oak Road, Dillsburg, York County, Pennsylvania, 17019. 3. Defendant, Craig A. Brungard, is an adult individual, who resides at 1015 Chippenham Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 4. On or about April 15, 2002, Defendant entered into an ? oral contract with Plaintiff, whereby Plaintiff agreed to construct a large grill smoker to Defendant's specifications, and in exchange, Defendant agreed that he would pay Plaintiff for the cost of all materials and labor supplied in construction of the aforesaid custom large grill smoker at Plaintiff's regular labor rate of Forty ($40.00) Dollars per hour. 5. Thereafter, Plaintiff constructed the aforesaid large grill smoker to the exact specifications of Defendant, and completed the aforesaid custom large grill smoker on or about July 3, 2002. 6. On or about July 3, 2002, Plaintiff submitted his bill for constructing the aforesaid custom large grill smoker to Defendant, in the amount of One Thousand Seven Hundred Six Dollars and Sixty Cents ($1,706.60), which Defendant has failed and refused to pay (See "Exhibit A" attached). 7. Plaintiff has fully performed, and complied with, his duties pursuant to the aforesaid contract with Defendant. 8. Defendant has materially breached the aforesaid contract with Plaintiff by failing to timely pay Plaintiff for the materials and labor supplied pursuant to said contract. 9. Defendant's aforesaid breach of contract has damaged Plaintiff in the amount of $1,706.60, the cost of the materials and labor expended to construct the aforesaid custom large grill smoker. WHEREFORE, Plaintiff, DARRYL L. MYERS~ d/b/a MYERS WELDING & FABRICATION, demands judgment against Defendant in the amount of One Thousand Seven Hundred Six Dollars and Sixty Cents ($1,706.60), exclusive of interest and costs, an amount which is not in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II: STORAGE FEES 10. Paragraphs 1 thrOugh 9 are incorporated herein as fully as though set forth at length. 11. Plaintiff remains in possession of the aforesaid custom large grill smoker. 12. Beginning July 15, 2002, Plaintiff notified Defendant that he was charging a fee for the storage of the custom large grill smoker on his premises, in the amount of Ten ($10.00) Dollars per day (See "Exhibit B" attached). 13. Despite Plaintiff's demand, Defendant has failed and refused to pay Plaintiff for his reasonable storage fees. 14. From July 16, 2002 through December 10, 2002, Defendant has accrued storage fees owed to Plaintiff totaling One Thousand Four Hundred Eighty ($1,480.00) Dollars, for which demand is made. 15. The aforesaid storage fee of Ten ($10.00) Dollars per day continues to accrue, for which Defendant is responsible to Plaintiff. WHEREFORE, Plaintiff DARRYL L. MYERS, d/b/a MYERS WELDING & FABRICATION, demands that judgment be entered in his favor and against Defendant, plus interest and costs of suit, in an amount not in excess of the compulsory arbitration limit of $25,000.00. Respectfully submitted, VERIFICATION I, DARRYL L. MYERS, have read the foregoing Complaint and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. §4904. Dated: DARRYL L MYERS,, Plalntl~ 08~8 ~0S July 15, 2002 Craig Brungard '1015 Chippenham Rd. Mechanicsburg, Pa. 17050 Dear Mr Craig iBmngard, Your pig master is completed as you are 'already aware. We gave you a copy of the invoice also enclosed for the amount ors 1,706,60,. Ple~'~se be advised that we are charging you $10.00 per day to store your pig roaster. Also, any fees associated with collection are your responsibility as well and will be added to the total. Your master was complet~ o~l 07/03/02. Storage ti~es will begin today, 07/15/2002. If you have any questions, please feel flee to contact me. Sincerely, Darryl Myers (./_J Owner 'Myers Welding & Fabrication CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing Complaint upon the Defendant by depositing same in the United States Mail, postage prepaid, addressed as follows: Craig A. Brungard 1015 Chippenham Road Mechanicsburg, PA. 17050 Da~ryl L Mye~rs, PLA~NT~ DARRYL L. MYERS d/b/a MYERS WELDING & FABRICATION, PLAINTlYF Vs CRAIG A. BRUNGARD, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.' 02-5466 CIVIL CIVIL ACTION - LAW DEFENDANTS OBJECTIONS TO PLAINTII~FS CLAIMS Paragraph 1. Non contested .COUNT I.' .BREACH OF CONTI~A. CT Paragraph 2. Non contested Paragraph 3. Non contested Paragraph 4. Objection 1. It was not on or about April 15, 2002 that the Defendant entered into an oral contract with the Plaintiff It was on or aborn March 11, 2002 that the plaintiff agreed to c~mstruction of said smoker/grill as demonstrated by Defendants ("Exhibit A" attached, Thos. Sommerville Co. lnvoice for 275 gal. Oil tank). 2. At the time of agreemem between Plaintiff & Defendant there was no discussion regarding the said "Labor rate" of forty ($40.00) Dollars per hour. The Plaintiff agreed to construction of said Smoker/grill for a fraction of the cost that the Defendant could purchase a" Lang Smoker-Cooker Model 60". ("Exhibit B attached) The Plaintiff asked some questions at the time of agreement. C~ae: "Do you want it on a trailer? Defendant replied: "No", Plaintiff response was: "That will save you four lto five hundred dollars right there." Second, Plaintiff asked: "Who was going to supply the materials? Defendant reply: "I will supply the materials, the tank, legs, casters, vent plugs, thermostat unit, smoke stack, paint, any material you need. I just need you to cut the tank and weld the parts together." Plaintiff response was: "OK, that will save me a lot of time". The discussion ended with the Defendant stressing tliat he needed to construct said "Smoker/grill as inexpensively as possible, a fraction of what the retail cost would be for the "Lang Smoker-Cooker Model 60". The Plaintiff said he understood and that he could do that as long: as there was no trailer required, and that the Defendant supplied the materials. (Note: Defendant supplied materials total cost: $428.14) ("Exlfi'bit A & C attached") Paragraph 5. Objection On July 3, 2002 Defendant was informed that the Smoker/grill was complete. Defendant drove to PlaintifFs place of business. ' · After vaewmg the Smoker/grill the Defendant determined that the Smoker/grill was incomplete, constructed to the wrong specifications, and hazardotcs to use. 1. There was no separation grate in the smoker box to keep the smoker wood separate from the heat source. 2. The thermostat unit was in the wrong place, and a Defendant supplied "securing nut" for the thermostat unit was replaced by one of a different thread type rendering :it useless. 3. The lid/door jams were placed on the outside of the lid/doors instead on the inside of the Smoker/grill which creates an inefficient seal. 4. There were no stop plates in place to keep the lid/doors from opening all the way to the other side of the Smoker/grill that creates a ha?a_rdous situation. There were no lid/door supports in place to keep them from dropping on the user, and with the jams on outside of the lid/doors, this adds another 10 to 20 pounds of steel that could fall on the user. In the Defendant's view this is very hs?ardons. Paragraph 6. Objection On July 3, 2002 Plaintiff submitted his bill to the Defendant. Defendant is refusing to pay the plaintilTs bill. Reasons: 1. The Smoker/grill is not constructed to the Defendant's specifi~fi~s as outlined in Defendants Paragraph 5. Objections. 2. The Pi~.intitt's bill is not a fraction of a "Lang Smoker-Cooker Model 60" as agreed to by the Plaintiff. ~nJ:nCtd~s~$4°~· 14M~UCanhdmtho~rer~w~h~e~o~Y~O~ ~t~,~e into ac<~ ,unt.,the cost of the materials supplied by the , -,~ ~ u,, ~a~t mat xt lsn t even on a traaer, a savings of four to five hundred dollars by the plaintiff's own estimate. 3. Defendant Disputes Plaintiffs bill. There is no way irt the Defendants opinion that the Plaintiff has as 37 hours into construction of said Smoker/grill as he claims. Defendant visited the PlaintifFs place of business on a weekly/bi-weekly basis to check on the progress of the project. The project of s~mnm~ .ctin. g said S. mok.er/.grill which took the Plain~[f from March 11, 2002 until Jul 3. to oe a project that sat in the ba,,t- ~'.~-- ,~ .......... y . 2002 and ,~ ,,~ m, rumtua s shop arm was worked on when there was no other project to do. Defendant witnessed the construction of said Smoker/grill in four phases. Phase one: The leg support mounts were moved front a vertical to a horizontal position, and the lid/doors were cut out. Phase two: The firebox was constructed, and the grills were manufactured. Phase three: The fire tray it's supports and the supports for the grills were installed. Phase four: The Lid/doors were installed (incorrectly). Paragraph 7. Objection Plaintiff has not fully performed, and complied with his duties pursuant to the aforesaid contract with Defendant. Paragraph 8. Not contested Paragraph 9. Objection Defendant has a greater cost of materials invested than the Plalr~iff does. Defendant = $428.14 Plaintiff = $130.00 Regarding the labor, That's what the dispute is partially about. ,COUNT H: STORAGE FEES Paragraphs 11 through 15. Objection. Defendant attempted tmsuccessfully to negotiate a fair price with correct modifications being made to the aforesaid Smoker/grill. Plaintiff failed to discuss the matter and was verbally abnsi,~e to the Defendant. Defendant specified to the Plaintiff that he could dispose of the aforesaid Smoker/grill since it poses a hazardous risk to anyone who may use it. ..Thos. Somerville Co. 320 N. GEORGE STREET YORK, PA 17405 717-848-1545 $O[.D TO: THIS IS YOUR INVOICE 0000182 NO OTHER BILL WILL BE RENDERED REMIT TO:' 'P,O. BOX 8500 S-5530 PHILADELPHIA, PA 19178-5530 ~-'-M3073 03/1~02 SHIP TO: CAMP HILL LEGGETT INC. 1989 HUMMEL AVE CAMP HILL. PA 17011-5943 h,,llh,,lll,,,,,,il,,,Ihhhhh,,h,l,,Ihh,hhl,,,,hll invoice 2 cf 2 Page 1 of 1 .... ¢uu / 9 46 1.00 45301( EA 275GAL 12GA V OIL TNK ULS0 27X44×60 '149.00000 f , 149100 NO C~US ¢OR ER.ORS O~ Dr-F~C'rS ^LLOW:O UULESS CUSTOblER CERTIFIES THAT HE HAS RECEIVED OR HAD TNE OPPOR~UNI~ TO REVIEW THE NECESSARY"MATERiAL SAFETY D*TA SHE~ FOR HIS PURCHASES ON THE*E ~PEE-S AS RE OUIRED BY ALL WARRANTIES ARE L~M~TEO TO THE WARRAN~ GIVEN BY THE MANUFAC]UREI~,AND ~N NO EVENT WILL THCS. SOMERVILL~ CO. BE RESPONSIBLE FOR ;NSTALI~TION OR ~BO~ CHARGES · , bbq, bar-b-,qn¢ mbs, · ~i~ ~. :' ~ Actual Cooidng Su~ace "60 x 24" Upper Rack "36 x 16" Weight - 970 lbs. Personal Size $1695.00 1/2 TON Barbecue Machine Units are in stock and available immediately in time for your next BBQ! Due to large demand, in spring of year, please order 2-3 weeks in advance. Use the link below or call your order in to Ray or Ben. 1-800-462-4629 or 912-467.-6146 Order your Lang_Smoker-Cooker Todavl I wanted to take the time to tell you that I am absolutely in love with my Model 60 smoker. I have now cooked on it three times and every time has been wonderful. At Tllanksgiving I cooked (4) Turkeys, (10) racks ofbabyback fibs and a ham. Everything was fitbulous. I fed :20 folks for the noon meal and evervon said it was the best they had ever eaten. Included in the list, were a couple from France and a lovely l~'dv f Australia. The Australian was experiencing Thanksgiving for the first time. I have now told numerous individuals about the smoker and have sent several towards your web site. The smoker is all that you said it would be and more. Thanks again, Charles Simpson CADDY SHACK 800 Orrs Bridge Rd. Mechamcsburg, PA 17055 717.975.0940 To: Mechanicsbunj PA, 17050 Craig Brungard 1015 Chippenham Rd 04/19~02 HOUS[ OF lULL 21st and the bypass Camp Hill, PA 17011 717.761.3663 2009 State Street Harrisburg, PA 17103 717.260.0303 4 i Casters $28.09 $112.36 $0.00 $0.00 $0.00 $0.00 $112.36 $112.36 Nick Dunphy, Jr. PROPRIETOR 07'