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HomeMy WebLinkAbout00-03896 '.--m~ _o.~~"~, . - -Iltlllll!_.w~,,"~- ... COt<AMONWEALTH OF PENNSYLVANIA COUItT OF COMMON PUAS NOTICE OF APPEAL FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. aoOj - ;.s~~<O .::\ V. L NOTICE OF APPEAL flI~ .::Jkf'tL a~ 0<000 Notice is gi_ toot the appellant oos 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 mentioned below. OfAPl'EllANr MAG. DlSt. NO. OR. NAME Of DJ. J.W. Parvin Enterprises ESS OF APPELLANT OTY Susan K. Day STATE ZIPCOOE P.o. Box 336, Mechanicsburg, PA fIN THE CASE OF (Plaintiff) (Defendant) I J.W. Parvin Enterprises, In~ Young, Donald R. & SIGNATURE OF APPRlANT OK HIS ATTORNEY OR AGENT f~f~ 17055 DATE OF AJDGMENT 6/12/00 OA>.< NO Ann Leslie CV HI (J()()()()flR_nO IT 19 This black will be signed ONLY when this notation is required under Po. R.CP.J.P. No. 1008B. 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 01 Deputy If appellant was CLAIMANT (see Pa. R.C.P.J.P. 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.C.P.J.P. 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 Name of appellee(S) , appellee(s), to file a complaint in this appeal Enter rule upon (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or his attomey or agent RULE: To Name of appeIJoe(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 oller the date of senlice 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 WILL IlE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date: ,19_. SignaMe 01 Pro/honot81y IX /lerJUIY AOPC 312-84 COURT FILE TO BE FILED WITH PROTHONOTARY " _iil~ "-, it :t~~,*'!im!,\~~ti.&J~;U~m~~,*,0i.kw,fl,",,,*~~' ~ illil ",,,,,..~~- "'r' "l,Hmn .~,u_ ~~IJbjWJlli;~~'~#~i",*~~ ....., ) , PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT COMMONweALTH OF PENNSYLVANIA (This proof of service MUST ElE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal, Check applicable boxes) COUNTY OF _ ; ss AFFIDAVIT: I hereby swear or affirm that I served o a copy at the Notice of Appeal. Common Pleas No, , upon the District Justice designated therein on (date of service) D by personal service D by (certified) (registered) mail, sender's , receipt attached hereto. and upon the appellee, (name) , on ____ , 19__ 0 by personal service 0 by (certified) (registered) mail. sender's receipt attached hereto. D and further 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 (certiiied) (registered) mail, sender's receipt attached hereto SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , 19_ Signature Df official before whom a.ffldavit was made Title of official My COmmission BKpires on ~ ~\.~ ~ ~\C> ~.O '" ~ ~ -+- ~ 't f "0 Il.. ~ -, " S- G> ,.0 U\ S' . 19-----, Signature of affiant C\ C;~ o c> C <": ~nJ r(\t-:-\ 2~:::~" i"" ~ 'he.... !" Q Si:~-, ~ ~.c" -' ~ 0(') 4..1\ ~'-) l:? -\ :,r.:>C -;;; t~ ,..4 W> -<. ~~ ..-.\'~ ,"- ~ ~ ~ l ~ "< :;, ----~\~~2 '-"..,. ",.' .' <:) <"~;~?, ,-,'"i:;.-:::::' ~'~~~ '::,~ v' 0-:,.., ~ ~ ,"~, .. -","",-, "'<<"- J . . ~ . > COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-03 NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF: '. .. NAME and ADDRESS IJ.W. PARVIN ENTERPRISES, INC. I P.O. BOX 3'36 MECHANICSBURG, PA 17055 L ~ VS. Mag. Disl. No.~ OJ Name: Hon, SUSAN;, .K. DAY A<"",,, 2.29 ..,:ILL STREET, BOX 167 MT. HOLLY SPRINGS, PA r"'ph"", (717) 486-7672 17065 DEFENDANT: NAME and ADDRESS 'YOUNG, DONALD R. & ANN LESLIE, ET A 10 APPALOOSA DRIVE CARLISLE, PA 17013 L J.W. PARVIN ENTERPRISES, INC. P.O. BOX 336 MECHANICSBURG, PA 17055 Docket No.: CV-0000088-00 Date Filed: 4/14/00 ~ a~_ ~ ff . ~ THIS IS TO NOTIFY YOU THAT: Judgment: FOR DEFENDANT [!] Judgment was entered lor: (Name) VnTThTC\. nm.TlIT,n 1? to, 1>.1"111 T,RRT.TR [i] Judgment was entered against: (Name) .T W PARVT1I1 RNTRRPRTSRS, TlI1C_ .. in the amount 01 $ 00 on: (Date of Judgment) /';/12/00. . . o Defendants are jointly and severally liable. o Damages will be assessed on: o This case dismissed without prejudice. (Date & Time) O Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Amounl'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 o Levy is stayed for days or 0 generally stayed. Objection to levy has been filed and hearing will be heid: " , . .' . Date: Place: , Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE 01' APPEAL WITH THE PROT N ARY/CLERK OF THE COURT 0 OMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A .COPY OF HIS N ICEOF JUDGMEN T RI T FORMWITHYOUR NOTICE OF APPEAL. . !'.' ' .1 :lrtifY that t . b-l3~ , District Justice b-./3lX)Dat s containing the judgment. . , District Justice lirst Monday 01 January, SEAL AOPC 315-99 l.W. PARVIN ENTERPRISES, INC. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Ys. NO. 2000-3896 CIVIL TERM DONALD R. YOUNG and ANN LESLIE SHIELDS-YOUNG, Defendants CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following page8, you must take action within twenty (20) daY8 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 reque8ted by the plaintiff. You may 108e money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717)-249-3166 - J.W. PARVIN ENTERPRISES, INC. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 2000-3896 CIVIL TERM DONALD R. YOUNG and ANN LESLIE SHIELDS-YOUNG, Defendants CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, J. W. Parvin Enterprises, Inc., by its attorney, Murrel R. Walters, III, E8quire, and respectfully represents as follows: 1. Plaintiff J. W. Parvin Enterpri8es, Inc. is a registered Pennsylvania corporation with its principal place of bU8ine88 situate at 6364 Brandy Lane, P.O. Box 336, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant8 Donald R. Young and Ann Leslie Shield8-Young, husband and wife, are adult individuals who reside at 10 Appaloosa Way, Carli8le, Cumberland County, Pennsylvania. 3. In 1998, the Defendants entered into a contract with Hutch Construction, Inc. for the construction of a residence at 10 Appaloosa Drive, Middlesex Township, Cumberland County, Carlisle, Pennsylvania. 4. Plaintiff was requested by Hutch Construction, Inc. to pave the driveway of Defendants on an agreed upon price of $4,675. 5. Hutch Construction, Inc. filed bankruptcy. 6. Between August 18 and August 24, 1998, a driveway was installed at the home of Defendants which has a fair market value of $4,675. 7. No one has made any payment whatsoever to Plaintiff for the C08t of the ;+1 :1 , 'I I i i I] I ,I I I 1 1 installation of the driveway, de8pite repeated demands to Defendant8 and Hutch Construction, Inc. 8. The Defendant has been unjustly enriched by the installation of the driveway on / i'l :1 ,. I,! 11 1 I Ii 1 their real property. WHEREFORE, Plaintiff prays this Honorable Court to enter judgment in its favor and against Defendants in the amount of $4,675.00 plus intere8t and C08ts of this Mnrrel R. Walters, III, Esquire Attorney for Plaintiff 54 East Main Street Mechanicsburg, PA 17055 (717) 697-4650 I.D. No. 24849 ,-- J.W. PARVIN ENTERPRISES, INC. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 2000-3896 CIVIL TERM DONALD R. YOUNG and ANN LESLIE SHIELDS-YOUNG, Defendants CIVIL ACTION - LAW VERIFICATION I, JAMES W. PARVIN, president of J. W. PARVIN ENTERPRISES, INC., verify that the statements made in thi8 Complaint are true and correct. I understand that false statements herein are made 8ubject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authoritie8. ?-I/-OO Date JAMES W. PARVIN I, ~,' ~ , . J.W. PARVIN ENTERPRISES, INC. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. NO. 2000-3896 CIVIL TERM DONALD R. YOUNG and ANN LESLIE SHIELDS-YOUNG, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Complaint upon the persons and in the manner indicated below, which service sati8fies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, Mechanicsburg, Pennsylvania, first-class, postage prepaid, as follows: Donald R. Young 10 Appaloosa Drive Carlisle. PA 17013 Ann Leslie Shields-Young 10 Appaloosa Drive Carli8le, PA 17013 Murrel . Walters, III, Esq. Attorney for Plaintiff 54 E. Main Street Mechanic8burg, PA 17055 Dated: July 11, 2000 81[' -' "', '. ~ "1Ll_.~MJll i. ""ii'i'iIifi' fi{;1l,1lil!iii,~ ,....;;~)' "'~~~.~ :--!Ij ~~~rdlilLA- '--..;i;"if. .,;,~-. --~ ,-", .,.~.,,,,,,,~,. . (') C g -oce nlt Ii ~~, "'- 2C .:::() >c ~ =< ., .w...:.L; " I ! I I, :j:> C) o o -on <- -.:::: r- ;'-::J ',~ ".~.J ".,..) "", f _,.f r"', ~"r.! :H ~-~~ ~~ ~ ~:, =< o tv - ~. ,. """' . :H .. J.W. PARVIN ENTERPRISES, INC.,: IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2000-3896 Civil DONALD R. YOUNG and LESLIE SHIELDS-YOUNG, Defendants CIVIL ACTION - LAW NOTICE TO PLEAD TO: J.W. PARVIN ENTERPRISES, INC., Plaintiff AND MURRELL R. WALTERS, III, ESQUIRE, 54 EAST MAIN STREET MECHANICSBURG, PA 17055 YOU ARE HEREBY NOTIFIED to file a written response to the attached Preliminary Objections within twenty (20) days from service hereof or judgment may be entered against you. Respectfully submitted, PURCELL, KRUG & HALLER BY: eon P. Halle, Es .D.# 15700 . Nichole M. Staley O'Gorman, Esquire LD.# 79866 1719 North Front Street Harrisburg, PA 17102 (717)234-4178 Attorneys for Defendants Date: August 7, 2000 '" ~ . .~ ,,> , ,~,.'~ ,- -..," '. -, -,'","-' ~: ; J.W. PARVIN ENTERPRISES, INC.,: IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 2000-3896 Civil DONALD R. YOUNG and LESLIE SHIELDS-YOUNG, Defendants CIVIL ACTION - LAW DEFENDANT'S PRELIMINARY OBJECTION IN THE NATURE OF A DEMURRER AND NoW, comes Defendants, Donald R. Young and Leslie Shields-Young, by and through their attorneys, Purcell, Krug and Haller and file the following Preliminary objections to Plaintiff's Complaint: 1. Plaintiff is barred by 49 P.S. ~1402 from seeking any relief from Defendants, as Defendants and Hutch Construction entered into a Stipulation Against Liens, which Stipulation was duly recorded in the office of the Recorder of Deeds prior to the commencement of Plaintiff's work on the property. A true and correct copy of said Stipulation is attached hereto and made part hereof as Exhibit "A". 2. Plaintiff avers that it installed a driveway at Defendants' home pursuant to a contract between Defendants and Hutch Construction, Inc.. As a matter of law, a claim for unjust enrichment will not lie where an express contract concerning the matter in dispute exists. 3. Plaintiff makes no averment that Defendants requested its services or in any way misled Plaintiff, thus plaintiff cannot demonstrate unjust enrichment as a matter of law. , "'~ , , "-j , .--~-,~-.. '" ",,"~- ltt",., 4. Plaintiff has certified this matter as an action at law yet avers no claim at law. WHEREFORE, Defendants respectfully request this Honorable Court to sustain their Preliminary Objection and dismiss Plaintiff's Complaint with prejudice. PURCELL, Dated: */1/00 Esquire ,-", ~. ~"" ~ -"- '"', , , ..,.-.~ f't -~3s- fI1 L /) STIPULATION AGAINST LIENS THIS AGREEMENT made and concluded this 13th day of April, 1998, between DONALD R. YOUNG and ANN LESLIE SHIELDS-YOUNG (hereinafter called "Owners"), and HUTCH CONSTRUCTION, INC. (hereinafter called "Contractor"). WHEREAS the said parties have by a duly executed Agreement bearing even date herewith, entered into a written contract for the erection and completion of a residential dwelling to be erected on 10 Appalossa Way, Middlesex Township, Cumberland County, Pennsylvania, more particulary described in Exhibit" A" attached hereto and made a part hereof in which Agreement the Contractor covenanted, promised and agreed that no mechanics' claim or liens should be entered and filed against the said building or buildings or any part thereof, or the curtilage or curtilages appurtenant thereto, NOW THIS AGREEMENT WITNESSETH: That Contractor for an in consideration of the awarding to its by Owner of said contract as aforesaid, as well as the further consideration of One ($1.00) Dollar to it paid at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed against the said building or buildings or the curtilage or curtilages appurtenant thereto, by Contractor or by any sub-contractor, materialmen or laborers for work done or material furnished under said contract for and about said building 9r buildings or any part thereof, or on credit thereof, and that all sub-contractors, materialmen, and laborers on said work shall look to and hold Contractor personally liable for all sub-contracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatever against Owner for any work done or labor or materials furnished under said contract for and about the erection, construction and completion of said buildings as aforesaid, or under any contracts for extra work, or for work supplemental thereto, or otherwise AND in order to give the Owners full power and authority to protect themselves and the lot or lots of ground against any and all claims filed by the Contractor or anyone acting under or through it in violation of the foregoing covenant, the said . ~ '- . Contractor for itself, its successors or assigns hereby irrevocably authorizes and empowers any Attorney of any Court of Common pleas of the Commonwealth of Pennsylvania, to appear for him, them, it, or any of them, in any of the said Courts of Common Pleas as Attorney for him, them, it, or in his, their, its, name, mark satisfied of record at the cost and expense of the Contractor or of any Sub-Contractor or Materialsman, or Materialsmen, any and all claims or claim, lien or liens, filed by or for the Contractor, or any Sub-Contractor or Materialsman, or his or their name against said building or buildings, lot or lots of ground or any part thereof and for such act or acts this shall be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which and where this Agreement shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor for himself, themselves, itself, do hereby remise, release and quit-claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction or in anywise touching or concerning the same. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals dated the day and year first above written. ~+~ / "'/"'-- /' /' ,~ . /~/f V"/ ;7J~~ ./" . ~- B .R ~ L- WITNESSES: CONTRACTOR: Hutch Construction, -" < - _, 0"~ ',' - _ "-,_....,., "..._.. 0 I ALL THAT CERTAIN piece or parcel of land situate in Middlesex Township, Cumb~rland CQunty, Pennsylvania, more particularly bounded and described as follows, to wit: BEGIN~ING at a point lying in the southern right-of-way line of Appaloosa Way, a 50.00 foot wide road, said point also being a corner with Lot No.9 as shown on the tinal subdivision plan of The Ridings; thence with the line of said Lot No.9, South 16 degrees 55 minutes 40 seconds West, 472.89 feet to a point, said point being a corner with Lot Nos. 9 and 21 of the said plan; thence with the line of Lot No. 21. South 75 degrees 26 minutes IS seconds West, 70.00 feet to a point lying in the line of said Lot No. 21 and being a corner with Lot No. 20 as shown on the aforementioned plan; thence with the line of said Lot No. 20, North 39 degrees 28 minutes 42 seconds West, 682.29 feet to a point, said point being a corner with Lot Nos. 20, 15 and 14; thence with the line of Lot No. 14, North 42 degrees 44 minutes 13 seconds East, 243.52 feet to a point lying in the southern right-of-way ,line of aforementioned Appaloosa Way; thence with said right-of-way line 394.15 feet along the arc of a curve to the left, having a radius of 875.00 feet and a delta angle of 25 degrees 48 minutes 33 seconds to a point: thence south 73 degrees 04 minutes 20 seconds East, 141.05 feet to the point and place of BEGINNING. CONTAINING 220,069.93 square feet or .5.0521 acres. SUBJECT to a 20 foot wide bridle path easement along the southwestern and southern boundary line, half of a,33 foot wide AT&T - UTS right-of-way easement along the southern boundary line and a detention basin easement in the northeastern corner of the parcel, as shown on the tinal subdivision plan of The Ridings. , i ! -- ~- , , ',-, -, '-'';'."",' '........"-",, '" J.W. PARVIN ENTERPRISES, INC.,: IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2000-3896 Civil DONALD R. YOUNG and LESLIE SHIELDS-YOUNG, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, ANGELA S. EATON, an employee of the law firm of Purcell, Krug & Haller, counsel for Defendant, hereby certify that service of the attached Preliminary Objections was made upon the following by placing a copy of same in the United States Mail, first class mail, postage prepaid, Dauphin County, Pennsylvania, on August 7, 2000. Murrell R. Walters, III, Esquire 54 East Main Street Mechanicsburg, PA 17055 \ .~