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HomeMy WebLinkAbout02-5797In The Court of Common Pleas of Cumberland County, Pennsylvania OATH We do sol~-~ly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Co~m~on- wealth a~d that we will discharge the'~~~~a dutie of our-office with fidelity. We, the undersigned arbitrators, having.been duly appointed and sworn (or affir~ed), mmke the folio%ring award: (Note: If dm~n~ges for delay are awarded, they shall be separately stated.) · Arbitrator, dissents· (Insert name if NOW, the ~day of~~ , ~ a~ ~ ~.21., ~he above a~rd was entered upon ~he docke~ amd(notice ~he~eof given by ~il ~o ~he par~ies or ~helr atto~eys. ~/ ~ ~, ~ COMMON~fSALTfl Of PENNSYLVANIA COURT OF COMMON PLSAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pteas an appeal from the judgment rendered by the District Justice o~ date and in the case rnentk~ned below cv © This black will I~ signed ONLY when this notation is required under Pa. R.~.P.J.P. Nc~ rT~'"~l'~llsnt w~s CLAIMANT (see Pa. R.O.P.J.. . 1008B. 100 f ( 6 ) in action before District Justice, he MUST This Notice of Appeal, when received by the District Justice. will operate as a SUPERSEDEAS to ¢ne judgment for possession in this case FILE A COMPLAINT within twenty ( 20 ) days after filing his NOTICE of APPEAL. $ignalure of Prothonolary or DeCuty PRAEClPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to b~ used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P No. 1001(7) in action before District Justice. IF NOT USED, de~ach from copy of notice of appeal to be sen/ed upon appellee). PRAECIPE: To Prothono~ry Enter rule upon ~/Of~'/1 I~'L i~.~C( m , appellee(s), to file a complaint in I~,s appeal (Common pleas N~ ¢'~ ,,'~ - ,~'~' ~ '7 RI~ ~l, ) within t--fY (20) days after ~f rule: s~ enTf J?~..%°f n°n Pr°S' I~ of appellee(s) (1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal wi~in twenty (20) days after the date of service of ~is rule upon you by perscmal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGA~NT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. AOPCS12-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof o! service MUST BE' FILED WITHIN -£EfV (I0) ~4Y$ AFTER Hing the not/L'e of ~]ppeal Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; SS AFFIDAVIT: t hereby swear or affirm fha! I served [~] a copy of the Naice of Appea[, Common Pleas No ~ ,, , .... ~ . ....... upon the Dl_trlc~ Justice de~ hated therein (ciareorser.ee; ---i .... S by personal service U by (certified) (reg ster~d) mail. send~ns receipt attached ~eto. ~ (~p-~n the appeli~e. (name~ ' ' .... on ~ -%-, .; -7; ~:~_ ~ ~ by personal semce ~ by ~certlfied) (registered) maii sender's Ljan~ rur[ner~na[~servedtne ~-~deto File a Complain ~ccomnanvin~theab~ve Notice~f~ ........ the Mu e was addressed on mail sender s rece~p attached hereto ~ b'/personal service ~ y cer ff~ed) (registered) SWORN (AFFIBMED) AND SUBSCR BED BEFORE ME THIS DAY OF C') o 0 COMMONWEALTH OF PENNSYLVANIA C_OUNTY OFL CUMBERLAND Mag Dist. NO: ~ 09-3-03 DJ Name H0n SUSAN K. DAY A~d~e~s 229 HILL STREET, BOX 167 MT. HOLLY SPRINGS, PA Telephone (717) 486-7672 17065 ANGELO KARAGIANNIS & SIEP, RAMADRE 265 W. WINDING HILL RD MECHANICSBURG, PA 17055 THIS IS TO NOTIFY YOU THAT: Judgment: []Judgment was entered for: (Name) ~] Judgment was entered against: (Name)_ in the amount orS 34~ 00 on: []Defendants are jointly and severally liable. ] Damages will be assessed on: ~'-~ This case 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 herd: Place: NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF: CIVIL CASE NAME and ADDRESS ~RYE, PATRICK ~ 822 LISBITRN RD. CARLISLE, PA 17013 L VS. ~ DEFENDANT: NAME and ADDRESS VANGELO KAEAGIANNIS & SIEi~HA MADRE ~ 265 W. WINDING HILL RD MECHANICSBITRG, PA 170~5 L ~DDOCket No.: CV-0000268-02 ate Filed: 9/30/02 D~PA[1LT J[J'D~M~ PLTF KAR;~C4TAI~I~TTR & ~TlqRR~ MAI~RIq. (Date of Judgment) 1 1/1 4/02 (Date & Time) Amount of Judgment $ 300.0 C Judgment Costs $_ z18.08 Interest on Judgment $ . O0 Attorney Fees $ . O0 Total $_ 3A8. O0 Post Judgment Credits $_. Post Judgment Costs .$ 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/,N.~T~E OF JUDGMENT/~ANSC~R'~OT FORM WITH YOUR NOTICE OF APPEAL. ~Date . ' ' ' ' , District Justice I certify that this is a true ' proceedings containing ~ _ _ Date _, District JusticeJ My commission expires first Monday of January, 200,t SEAL AOPC 315~99 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN ~EN (10) DAYS AFTER f/ling the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OFC~~ ........................................... ;SS AFFIQ, AVl~hereby swear or affirm that I served ~a.copy ?~the Notice o.f Apl:ie~, Common Pleas No ~ ~- ~ 7 o/'7 u,*on the District Justic- · ' ................. ~, u ue~gna[ea mereln on (da~e. o.f s..erv, lce?.~..~~~'_~.~ ....... ; E~by, person.al .'~i_ce ,,~- by (certified)(registered mail sender's r~.,elpI a[[a~cn, e,~.nere[o, ana upon [ne appellee, Iname).~tc_JV_....~j.~) r-'~,,,.,~-...'!,./.~ ~:L.-.~_c'~";- . ~. by ~erso,nat ,service ~ by (~ii-"i-~l~-~"~nd~-~p~"~-~r~i'o. ~,~,~,,,.~, ~.,~ ~ ~u~veu ~ne ~u~e [o i-.~e a L;ompla n[ accompanying the above Notice of Appeal upon the appellee(s) to whom the ~rule was addlressed on mait, sender's receipt attached hereto. . ..................... [] by personal service [] by (certified) (registered) Postage ;;( dified Fee Eh-' 'etuln Receipt Fee ~ u( 'ser}lellt Required) Res~ icted Delivery Fee (End¢ sement Required) Tota Postage & Fees Postage C rtified Fee RetLm ~ .'ci,gpt Fee (En,:fc rsemen Required) RE strict6d D diw.~ry Fee (Endorsernen ~equired) Tctal Posta ;9 & Fees r~[F¢~i:~i:~ , ~-~ .......... ~ ............ -: ........................................ r~z~;~,~i¢;~i:;~-;-----n ......... ;; ...... ,-;=--: ................................... / Patrick H. Frye 822 Lisburn Rd. Carlisle, Pa. 17013 Angelo Karagiannis 765 W. Winding Hill Rd. Mechanicsburg, Pa. 17055 and Sierra Madre Restaurant 4035 Market St. Camp Hill, Pa. 17011 plaintiff defendants In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action Law No. 02-5797 Civil Term 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 (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 t!he case may proceed without you and a judgement 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. You may loose money or property or other' rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR L~J~IYER AT ONCE. IF YOU DO NOT HAVE A LAI~IYER OR CAN NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE Sf~T FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Ave. Carlisle, Pa. 17013 (717} 249-3166 Patrick H~ ..... ~OMPLAINT 1. The plaintiff, Patrick Harold Frye resides at 822 Lisburn Rd. 17013. Carlisle, Pa. 2. The defendants, Angelo Karagiannis resides at 265 W!. Winding Hill Rd. Mechanicsburg, Pa. 17055 and the Sierra Madre is located at 4035 Market St. Hill, Pa. ]7011. Camp 3. Where as on September 10, 2001, Angelo Karagiannis representing himself and Sierra Madre restaurant, contacted myself, Patrick Frye, to provide a disc jockey service for the above named restaurant to begin the following week for Thursday, Friday and Saturday nights. It was agreed the I would provide him and the Sierra Madre disc jockey entertainment for the hours of 10:00 I).m. till 2:00 a.m. for the price of ($125.00) one hundred and twenty-five dollars per night using the already established and installed equipment owned by the Sierra Madre Restaurant and Angelo Karagiannis who is the proprietor of said restaurant. 4. During the course of the next several months, I continually supplied Angelo Karagiannis and the Sierra Madre Restaurant entertainment at the agreed price. 5. During the course of the next several months through wear and tear, the Sierra Madre's lighting and sound equipment needed repairs in which Angelo asked me to take care of getting done which I obliged. The expenses of the equipment repairs were burdened by the owners of the equipment, Angelo and the Sierra Madre. 6. During the time it took to get the equipment repaired, Angelo asked me if I could loan the restaurant and him some replacement lighting and sound equipment which I obliged at no cost to either himself nor the restaurant. In lieu of our good relationship at the time I felt this was the descent thing to do. 7. On Saturday, August 17, 2002, as usual, one of my Disc Jockeys showed up to disc jockey the night for the Sierra Madre. He began his night as usual at 10:00 p.m. and played till the usual quit time of 2:00 a.m. 8. Angelo then refused to pay him at the conclusion of the night and told me later the next day that he was not going to pay us for our services the previous night and that he wouldn't be needing our services anymore. I asked Angelo why he refused to pay in which he replied because we didn't have enough 'be~ss' in the music or did not know how to work the equipment properly. I then asked him why he didn't call me right away and he replied that he was too busy with his other restaurant, Zembies, to call me. I then asked him if he wasn't planning to pay us, why didn't he just send the DJ home? His reply was, 'Well I needed a DJ to play the night at Sierra Madre!' 9. On August 21, 2002, I sent Angelo a letter demanding my equipment and lighting back as well as the one hundred and twenty-five dollars for the disc jockey services which he never replied to. ]0. Two weeks later, I followed the letter with a civil complaint in front of District Justice Susan Day in which I was asking for compensation of $348.00 to cover the non returned equipment that I owned, the disc jockey ~Fees as well as my filing fees. 11. On November ]1, 2002 judgement was entered by default in my favor for the sum of $348.00 for failure on the part of Angelo Karagiannis & Sierra Madre Restaurant to appear on the schedule time and date. 12. As a result of the defendant's actions, the plaintiff has sustained a loss of $348.00, plus interest and legal fees of $100. WHEREFORE, the plaintiff claim of the defendants the sum of $348.00, plus interest and legal fees of $100.00 for a total due fr~ the defandants of $448.00, an amount requiring compulsory referral to arbitration under the local rules of court. Patrick Harold Frye Patrick H, Fr?'e ~ L,sburn Rd C:arlisle, Pa. !701.3: VS, ~4ngeto Karagiann~s 765 W. Winding Hill Rd. Hechanicsburg, Pa. 17055 anO Sierra Madre Restaurant 4035 MarKet St. Camp Hill, Pa. 170!1 plaintiff defendan ts. In the Court of C:omrr:on Pleas of Cumber'land County~ Pennsylvania Civil Act;on La~ No. 02-57?7 Civi! Term Response 1. Admitted 2. Admitted 3. Denied (see new matter below) 4. Admitted 5. Admitted 6. Denied (proof demanded at trial) 7. Admitted 8. Admitted 9. Denied (proof demanded at trial) 10. Admitted 11. Admitted 12. Admitted New Matter All actions must be prosecuted by, and in the name, of a real party in interest against a proper defendant, irrespective of whether the contract is written or oral. Pennsylvania civil practice section 9.1 (1988). A proper defendant is a person or entity that exists and is legally capable of being sued. Responsibility for the bringing of the suit of the proper defendant rests upon the plaintiff. This suit has be filed upon the manager who is merely an agent for the corporate entity and against a registered fictitious name. The rules applicable to the district court specifically prohibit the adding of parties after a complaint has been filed. PA. R. Civ. P. D. J. rule 325. Thus, by application of the rule, the complaint is not filed against the proper party and should be dismissed without prejudice. Angelo Karagiannis RULE 1312-1. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL 02' 0"797 The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: /~'~cfc..~ /']- f'~ ~---, ..,.~al~t for th~efendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in'the action is $ Z/9 fi'- o O The counterclaim of the defendant in the action is .. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators t~ case shall be submitted. ~ ~-r__- _ .~ Respectfully submitted, ORDER OF COURT AND NOW ~ ~ ~' '" ~' 7 , t-9 ~ in consideration of the . foregoing petition, c~;~ ~~ .Esq., ~~ ~ Esq., ~d ~ ~~~~ "~'' ~ appointed ~barators ,n the above capuoned act,on (or actions) as prayed for. By the Court P.J.