HomeMy WebLinkAbout01-5729COM/~ ~'V~EALTH OF PENNSYLVANIA
NOTICE OF APPEAL /O'"C~ - 0 /
COURT Of COMMON PLEAS FROM
JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT
COMMONPLEASN°~O l~.. ~~
NOTICE OF APPEAL I
~fice is gi~ t~t ~e a~nt ~s find in t~ a~ve Court of Com~ ~s an o~al f~ ~e j~g~t re~ed by the ~str~ Just~e ~ t~
~ a~ in ~ ca~ ~ ~.
OTY
This black will be signed ONLY when this notation is required under Pa. R.CJ)JJ). Nc~ If appellant was CLAIMANT (see Pa. R.C.I~J.P. No.
1008&
This Notice of Appeal, when received by the District Justice, will operate as a 1001(6) in action before District Justice, he MUST
SUPERSEDEAS to the judgment for possession in this case FILE A COMPLAINT within twen~ (20) days after
filing his 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 appel/ant was DEFENd)ANT (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
Enfer rule upon q i¢-.{%O~[~"'~ L-J)~e~,~en ~,. [~1"~o ,appe#ee(s),tafileacomplaintinthisappeol
N~'r~ 'of appel~(s)
(Comn~flPleasNcx ~/~/ ~"r'~ 7~ q ) within twenty (20) days after s~ceofrule~'su~rerent_[yof_j~rnent.ofnonpros.
- -t s/gn~urg of a~:~aGa,'~t o,' t~ a~ ~
RULE, To R'I CN('~g-b J~, (D_~hO~- ~1'~ ,appdlee(s).
Ne/ne of apl~l~ee~s)
(1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
secvlce 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 ~ervice of this rule if service
was by mail is the date of mailir~q /~
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FiLE COMPLAINT
(The pool of ser~oce MUST BE FILED W/THIN TEN (0) DA YS AFTER h'ii~g the notice of appeat Check appficable boxe~)
AFFiDAViT: herey swear or :~ff rm that I served
[ a <opy of the No ce of Appeal Common Pleas No
..... 19 .... ~_~ by personal service ~ by (codified) (rog stored) mail, sender's receipt attached hereto.
[~ and fur thor that i served the RtJle to File a Complaint accompanying the above Notice of Appea~ upon the appellee(s) to whom
'.e :l{;e was addressed on ~.., 19_. [~] by personal service [~] by (certified) (reg stored)
[/iAY OF 9
upon the District Justice designated there n on
~ by peraona~ ser¢ice [] by (certified) (registered} mail, sender's
Signature of affiant
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: cut~IBERLJLND
Mag DisL No:
09-3-02
DJ Name: Hon.,
HELEN B. SHULENBERGER
^~ ..... P.O. BOX 155
27 W. BI~ SPRIN~ AVE~uI~
NEWVILLE, PA
Telephone: (717) 776-3187 17241
DONAT.n L. HARTMAN
549 CENTERVILLE RD.
NEWVILLE, PA 17241
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
rWEBBER JR, ATTY. RICHARD L. ~
19 BROOKWOOD AVE.
SUITE 106
~ARLISLE, PA 17013 /
VS.
DEFENDANT: NAME and ADDRESS
FHARTMAN, DONALD LESTER ~
549 CENTERVILLE RD.
NEWVILLE, PA 17241
L /
Docket No.: CV-0000117-01 ] ~
Date Filed: 7/26/01
THIS IS TO NOTIFY YOU THAT:
Judgment:
~ Judgment was entered for: (Name)
~'1 Judgment was entered against: (Name)
in the amount of $ ~;: ~R~ _ qq on:
~ Defendants are jointly and severally liable.
--"] Damages will be assessed on:
~--1 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 held:
FOR PLATI~TIFF
(Date of Judgment)
(Date & Time)
Amount of Judgment $ 5,252.93
Judgment Costs $ 101 o 0(]
Interest on Judgment $ .
Attorney Fees $ .
Total $ 5,353.9q
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total
Date: Place: -
Time:
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.
2--/'7~/-~/Date .'~--~ Z~ ,.,~,~.~.-**' ,District Justice
"' d
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date , District Justice
My commission expires first Monday of January,
AOPC 315-99
2006 SEAL
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
couNTy
AFFIDAVIT: ; hereby swear or affirm that I served
~ a copy of the Notice of Ap~eal~C~mon Pleas No.~ ~ / ~ ~, upon the~istrict Justice designated therein on
(date of service) /~/?~ , ~ by, personal~ervice ~ by--registered) mail, sender's
receipt att~ched~eret0, and upon the appellee, (name) ~~ ~ , on
IO /~ ,~ ~ by personal ,e~ice ~, ~ (registered) mail, sender's receipt at'chad hereto.
~ and furtherthatlservedtheRu[etoFileaComplaintaccompanyingtheaboveNoficeofAppeal upon theappellee(s)towhom
the Rule was addres~d on , 19 . ~ by personal service ~ by (ce~ified) {reg~etered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
I~llflna M. Thomas, Notary Put~ll~ I
n .'1~., Cumbedand
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Pdnt 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:
RICHARD L. WEBBER, ESQUIRE
19 BROOKWOOD AVENUE~ Suite
CARLISLE, PA 17013
X ~ [] Addressee
O. Is'd~ve~dr~"'~Sdiffemnt frornlteml? [] Yes
~f YES~eflter delivery address below: [] No
3. ~ciCe Type
e~ifled Mail [] Express Mall
[] Registered [] Return Receipt for Memhendise
[] Insured Mail [] C.O.D.
4. Restricted Deliver7? (Ex~a Fee) [] y~
. 2. A~t~qle Numbe~ ~Cepy from s~w~e lape/)
, PS Fo~ 3811: Ju~ 19gg ~im R~{,m ~M
LAW OFFICE OF MICHAEL J. HANFT
ATTORNEYS & COUNSELLORS AT LAW
19 BROOKWOOD AVENUE SUITI 106 C^R[iSLE, PA 17013-9142
717.249.5373 V^X 717.249.0457 WWW, HANETLAWEIRM.COM
MICHAEL J. HANFT, t/dfo/a
LAW OFFICE OF MICHEL J. HANFT,
and RICHARD L. WEBBER, JR.,
Plaintiffs
DONALD L. HARTMAN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-5729 CIVIL TERM
:
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 attomey 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. You may lose 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 VOtERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Lawyer Referral Service
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
Richard L. Webber, Jr., Esquire'X
Attorney ID No. 49634
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013 -9142
(717) 249-5373
MICHAEL J. HANFT, t/d/b/a
LAW OFFICE OF MICHEL J. HANFT,
and RICHARD L. WEBBER, JR.,
Plaintiffs
Mo
DONALD L. HARTMAN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
NO. 01-5729 CIVIL TERM
CIVIL ACTION - LAW
COMPLAINT
AND NOW, come the Plaintiffs, Michael J. Hanft, t/d/b/a Law Office of Michael J.
Hanft, and Richard L. Webber, Jr., and make the following Complaint:
COUNT 1 - BREACH OF CONTRACT
1. The Plaintiffs are Michael J. Hanft, t/d/b/a Law Office of Michael J. Hanft, and
Richard L. Webber, Jr., of 19 Brookwood Avenue, Suite 106, Carlisle, Cumberland County, PA
17013.
2. The Defendant is Donald L. Hartman, an adult individual residing at 549
Centerville Road, Newville, Cumberland County, PA 17241.
3. Defendant retained Plaintiff Richard L. Webber, Jr. to provide legal representation
for him.
4. At all times relevant hereto, the said Richard L. Webber, Jr. was employed by
Michael J. Hanft, t/d/b/a Law Office of Michael J. Hanft.
5. PlaintiffRichard L. Webber, Jr. has a financial interest in payments to be made by
Defendant pursuant to a financial arrangement between Plaintiff RIchard L. Webber, Jr. and
Plaintiff Michael J. Hanft.
6. From April 2, 2000 to January 22, 2001, Plaintiff Richard L. Webber, Jr. provided
legal representation to Defendant with respect to criminal defense, custody, equitable distribution
and divome, and miscellaneous matters.
7. The parties verbally agreed that Defendant would be billed at the rate of $125.00
per hour for legal services provided by Plaintiff Richard L. Webber, Jr.
8. Plaintiffs provided monthly invoices to Defendant for legal services rendered by
Plaintiffs.
9. To date, Defendant owes Plaintiffs $5,127.99 on his account.
10. The balance owed by Defendant to Plaintiffs includes billings for time as well as
costs advanced.
11. Shortly after January 22, 2001 Defendant informed Plaintiff Richard L. Webber,
Jr. that he would not pay the remaining balance of his account.
12. Plaintiffhas fully performed all services requested by Defendant.
13. On July 26, 2001, Plaintiff Richard L. Webber, Jr. incurred a filing fee relating to
this matter in the amount orS101.00 to the office of District Justice Helen Shulenberger in
Newville, Pennsylvania.
WHEREFORE, Plaintiffs respectfully requests judgment in their favor in the amount of
$5,228.99, plus costs and other appropriate relief.
COUNT II - FIRST ALTERNATIVE CAUSE OF ACTION - QUANTUM MERI Ii
In the event that no oral contract existed in fact or law between Plaintiffs and Defendant,
Plaintiffs allege as follows:
14. Paragraphs 1 through 13 above are incorporated herein by reference.
15. From April 2, 2000 to January 22, 2001 Plaintiff, at the oral request of Defendant
and with Defendant's knowledge and acquiescence, commenced the performance of providing
certain legal services and advancing certain costs for Defendant.
16. Plaintiffs continued to provide legal services and advance certain costs with
Defendant's knowledge and acquiescence, through on or about January 22, 2001.
17. The fair market value of the services provided and costs advanced for which
payment has not been received is $5,127.99.
18. Defendants have refused to pay Plaintiffs the fair value of the services and costs
furnished as aforesaid, although the same is due and owing.
WHEREFORE, Plaintiff demands judgment against Defendants for the sum of $5,228.99,
together with costs and other appropriate relief.
COUNT III - SECOND ALTERNATIVE CAUSE OF ACTION -
.PROMISSORY ESTOPPEl,
In the event it is determined that no oral contract existed in fact or law between Plaintiffs
and Defendant as alleged in Count I, Plaintiffs allege as follows:
19. Paragraphs 1 through 18 above are incorporated herein by reference thereto.
20. On or about April 1, 2000, Defendant promised that he would pay to Plaintiffs the
fair market value of the services provided and costs furnished by Plaintiffs to Defendant in
connection with legal representation of Defendant.
21. In reliance on the promise of Defendants described in Paragraph 20 above,
Plaintiffs undertook and continued to provide legal services and furnish costs, with Defendant's
knowledge and acquiescence, through on or about January 22, 2001.
21. The fair market value of the labor performed, services provided and materials
furnished was $5,127.99.
22. Defendant has refused to pay Plaintiffs the fair vaiue of the services provided and
costs furnished as aforesaid, although the same is due and owing.
23. Injustice can only be avoided by enfoming Defendant' promise as aforesaid and
requiring Defendants to pay to Plaintiff the sum of $5,127.99.
WHEREFORE, Plaintiffdemands judgment against Defendant for the sum of
$5,228.99, together with costs and other appropriate relief.
LAW OFFICE OF MICHAEL J. HANFT
By: .
Richard. L. Webber~Jr., Esquire
Attorney I.D. No. 49634
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013
(717) 249-5373
VERIFICATION
Richard L. Webber, Jr., hereby verifies that the facts set forth in the foregoing Complaim
are true and correct to the best of his knowledge, information and belief, and understands that
false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom
falsifications
DATE:
LAW OFFICE OF MICHAEL J. HANFT
ATTORNEYS & COUNSELLORS AT LAW
19 BROOKWOOD AVEN~E SUIT~ 106 CARLISLE, PA 17013-9142
717.249.5373 FAX 717.249.0457 WWW. HAN~TEAWFIRM.COM
MICHAEL J. HANFT, t/d/b/a
LAW OFFICE OF MICHAEL J. HANFT,
and RICHARD L. WEBBER, JR.,
Plaimiffs
DONALD L. HARTMAN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-5729 CIVIL TERM
CIVIL ACTION - LAW
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
: SS
COUNTY OF CUMBERLAND :
Mary M. Price, being duly sworn according to law, deposes and says that on October 24,
2001 she mailed a tree and correct copy of a Complaint, duly endorsed with a Notice to Defend,
to the Defendant, by regular United States First Class Mail to Defendant's last known address,
549 Centerville Road, Newville, PA 17241, and that the facts set forth in the within Affidavit are
tree and correct to the best of her information and belief.
Price
Sworn to and subscribed before me
day of October, 2001.
F' Not, rind Seal I
Kelly $. Baker, Notmy Pubao I
I .a99~. -Muir. °" mwE.. Cum~eda.d ~ I
/ ~ ~l~S~n bxplms Fe~ 7, ~ I
Member, Pennsylvania Ass~iation et N~ades
MICHAEL J. HANFT, t/dPo/a
LAW OFFICE OF MICHEL J. HANFT,
and RICHARD L. WEBBER, .IR.,
Plaintiffs
DONALD L. HARTMAN,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-5729 CIVIL TERM
CIV1L ACTION - LAW
PRAECIPE
Please discontinue the matter referenced above.
LAW OFFICE OF MICHAEL J. HANFT
Date:
By:
Richard L. Webber, ~., Esquil~e' I
Attorney I.D. No. 49634
19 Brookwood Avenue, Suite 106
Carlisle, PA 17013
(717) 249-5373