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Home My WebLink About01-5794COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT OOMMO. P'EASNo. NOTICE OF APPEAL Notice is given that the appellant has 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. NAME OF APPELLANT R&J M~S, RI(/~ARD GRO~, II and JAR~T L. ~Y GROQM ADDRESS OF APPELLANT 1739 Beaver Valley Pike, Strasburg, PA 17579 CITY STATE ZIP CODE DATE OF JUDGMENT September 10, 2001 IN THE CASE OF (PLAINTIFF) CLAIM NO, CV YEAR CV-00002~..-01 LT YEAR (DEFENDANT) ~. W. Richard Grocm iZ~ Pres. R&J Montm~nts SIGNA F APPELLANT OR A RNE AGENT This block will be signed ONLY when this notation is required under PA. If appellant was Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. 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) Jn 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 William T. Ri~s , appe~e(s),to file acomplaint~this appeal Name of appellee(s) (Common Pleas No. {~)/- ,5~"'7 ¢~V L~r', :~)within twenty (20)days after service of~ulyr suffer e/,~ ~J~jL, mt,~,~f non pros. RULE:To .i].lia~ ?. ~ .appellee,s) I~ Signatureofa~ /~orne¥oragent Name ol appellee(s) (1) You are notified that a rule 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 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 UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. igna ure o roth~otary or Deputy White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink Appellee Copy Gold - D.J. Copy Proth. - 76 PROOF OF SERV!CE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of sen/ce MUST BE F LEDW THII~ TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes COMMONWEALTH OF PENNSYLVANIA COUNTY OF _; ss AFFIDAVIT: I hereby swear or affirm that I sen/ed [] a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , year ..... [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name , on , year ..... [] by personal service [] by (ce~ified) (registered) mail, sender's receipt attached hereto. [] 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 , year ...... [] by personal service [] by (certilied) (registered) mail, sender's receipt attached hereto. . SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR .__ S~jnature of olf~ial t~efore whom alf~lavlt was made My commission expires on , year -~",~,,~ - COMMONWEALTH OF PENNSYLVANIA COUNTY OF: Mag. Disl No: 09-2-01 DJ Name: HOn. P~UI~ P. CO~ ~,~r~s,: I COURTHOUSE SOUARE C2~LT SLE, P~ (717) 240-6564 17013-0000 GROOM II,W.RICHARD pRES.R.&J MONUM. 1739 BEAVER VALLELY PIKE STRASBURG, PA 17579 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS 7-RIOOS, WILLIAM T ~ 111 BRINDLE ROAD MECHANICSBURG, PA 17055 VS. DEFENDANT: NAME and ADDRESS CGROOM II,W.RICHARD PRES.R.&J MONUM~- 1739 BEAVER VALLELY PIKE iSTRASBURG, PA 17579 / . Docket No.: CV-0000255-01 I ~ Date Filed: 7/26/01 THIS IS TO NOTIFY YOU THAT: Judgment: [] Judgment was entered for: (Name) [] Judgment was entered against: (Name) in the amount of $ I, o~'~ ~ R0 on: ~ Defendants are jointly and severally liable. [--~ Damages will be assessed on: --[This case dismissed without prejudice. FOR pT.ATN'PIFF (Date of Judgment) 9/1 [--]Amount of Judgment Subject to Attachment/Act 5 of 1996 $ [] Levy is stayed for days or [] generally stayed. (Date & Time) Amount of Judgment $ 1,000.00 Judgment Costs $ 57.50 ~nterest on Judgment $- .00 Attorney Fees $ o 00 Total $ 1,057.50 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ E~ Objection to levy has been filed and hearing will be held: 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/TR~JgSCRIPT FORM WITH yO~,NOTICE OF APPEAL. ~/0 ~ Date ' ~ ~ ~ ' ~'~"~lstnct Justice 17/ i " -::: - My commission expires first Monday of January, 2006 >,,., ~ SEAL AOPC 315-99 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW R&J MONUMENTS, W. Richard Groom and Janet L. HemT Groom, Plaintiffs V. WILIAM T. RIGGS, Defendant No. 01-5794 CERTIFICATE OF SERVICE I, KAREN E. BALOG, Secretary, for the Law Offices of VanOrmer & Associates, Attorneys for Defendant, depose and say that true and correct copies of the Notice of Appeal, was sent to the District Judge designated therein by certified mail, article number 21~~A~- 1987 certified mail, return receipt requested, on this 1 lth day of e._Q_ql.oJ2.~_2_Q_Q~, and that attached hereto is the sender's certified/registered mail receipt. I verify that the statements made in this Certificate are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Dated: October 11. 2001 Law Offices of Darrell N. VanOrmer, Jr. & Assocs. KA N E. BALO0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW R&J MONUMENTS W. Richard Groom, II and Janet L. Henry Groom, Plaintiffs V. WILLIAM T. RIGGS, Defendant No. 01-5794 CERTIFICATE OF SERVICE 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW R&J MONUMENTS W. Richard Groom, II and Janet L. Henry Groom, Plaintiffs V. WILLIAM T. RIGGS, Defendant No. 01-5794 CERTIFICATE OF SERVICE I, KAREN E. BALOG, Secretary, for the Law Offices of VanOrmer & Associates, Attorneys for Plaintiff, depose and say that true and correct copies of the Notice of Appeal and Rule to File a Complaint, were sent to the Defendant by certified mail, article number ~ 0864-1970 certified mail, return receipt requested, on this 1 lth day of__Q.qlg_l~r_2_~._~h and that attached hereto is the sender's certified/registered mail receipt. I verify that the statements made in this Certificate are tme and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Dated: Law Offices of Darrell N. VanOrmer, Jr. & Assocs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW R&J MONUMENTS W. Richard Groom, II and Janet L. Henry Groom, Plaintiffs V. WILLIAM T. RIGGS, Defendant No. 01-5794 CERTIFICATE OF SERVICE $ 5,qq Duncan & Hartman. EC. Attorneys at Law One lrvine Row Carlisle. Pe/lns~q vant3 17013 WILLIAM T. R1GGS Plaintiff VS. W. RICHARD GROOM t/d/b/a R & J MONUMENTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NOTICE TO DEFEND AND CLAIM RIGHTS 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 the Complaint and Notice arc served, filing in writing with the Court your defenses or objections to thc 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 othcr 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 WHERE YOU CAN GEl' LEGAl, HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 WILLIAM T. RIGGS Plaintiff VS. W. Richard Groom, II t/d/b/a R & J MONUMENTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1. Plaintiffis William T. Riggs, an adult individual, who resides at 111 Brindle Road, Mechanicsburg, Cumberland County, Pennsylania 17055.. 2. Defendant is W. Richard Grrom, II t/d/b/a R & J Monuments with a principal place of business located at 1739 Beaver Valey Pike, Strasburg, Pennsylvania 17579. 3. On or about July 20, 1999, Plaintiff, William T. Riggs, paid Defendant $1,000.00 to provide and install a bronze memorial plaque on a granite base. A copy of the receipt and order is attached hereto, incorporated by reference and marked Exhibit "A" and Exhibit "B". 4. The plaque was installed over one year later, on October 22, 2000. 5. On October 23, 2000, Plaintiffinspected the site and discovered that the plaque had been cast with a pine cone pattern and not the wheat pattern which had been ordered by Plaintiff. 6. Plaintiff also discovered at the time of inspection that the vase would not recess properly in its stored position and that the granite base has a hole in it that the plaque will not completely cover. 7. On October 23, 2000, Defendant W. Richard Groom, II stated to Plaintiff that the company would replace the plaque. 8. Plaintiff telephoned Defendant on May 15, 2001 regarding the plaque and was informed that a new plaque had been ordered in October, 2000. Defendant offered to check with - the foundary regarding a shipping date and promised to keep Plaintiff informed. 9. Plaintiff failed to receive any information from Defendant regarding shipping of the plaque fi.om the foundary. 10. Plaintiff made repeated calls to Defendant during July with no response. 11. To date, Defendant has failed to install the plaque as ordered. 12. Plaintiffavers that Defendant has failed to fulfill its contract with Plaintiff and because of this breach, Plaintiff demands the return of the $1,000.00 paid to Defendant by Plaintiff. WHEREFORE, Plaintiffprays this Honorable Court enter judgment against Defendant in the amount of $1,000.00 plus costs of suit. Respectfully submitted, Carlisle, PA 17013 717-249-7780 ID#65184 I verify that I am William T. Riggs, Plaintiff in the aforementioned Complaint and that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904, relating to unsworn falsification to authorities. Date: William T. Riggs ~ (-/.~ R & J Monuments 1739 Beaver Valley Pike Strasburg, PA 17579 STATEMENT nents 717-786-1162 N iAI, FINANCE Amount FJrlanced TOt~] of Payments TOtal I, js I ~kl /~ ~ I PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNT¥OP _P,.,,',, AFFIDAVIT: I hereby swear or affirm that I served ~j~Ja copy of the Notice of Appeal, Common Fleas No. (~ t,~ ...~'") ¢) ~ , upon the District Justice designated thereir~ on (date of service) _ ~,~;Z~"~J~__ '~, year _ ~ 0~) I' , [] J~y personal service [] by (certified) (registered) mail, seader's receipt attached hereto, and upon the appellee, (name /.{~ Ili'a_m '-r' s .... o~ · 0 ~-,~"~ bLfr / ~J _, year ~)j~_ I , [] by personal service J~ by (certi I~'ed)(registered) mail, sender's receipt attached hereto. []and fur~her~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 ~Jl~;~J'" _~_ ~ , year ~0~j_ .... [] by personal service [~y (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUI~ORISED B~ORE ME THIS ~/~DAY OF _/~_~,/'/'~/~ YEAR J Judy A. AIban, Notary Public expires on__ , J~JH~I .~-~ml . I York, York County / My Commission ExDires Oct. 11, 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW R&J MONUMENTS, W. Richard Groom and Janet L. Henry Groom, Plaintiffs No. 01-5794 WILIAM T. RIGGS, Defendant CERTIFICATE OF SERVICE 'ML% William T. I~5~. 7099 3~L~) CX:X)3 08611 1970 , ~ 111 B~Sndle ~ 4b. 8~:a~Tl~e I] 17055 113 C~r~ m lq~har~eslm~g, PA [] Roglstored ~ . rli RelumR*:~lXforV, s~aand~ [] COD ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM T. RIGGS, Plaintiff VS. W. Richard Groom and Janet Henry Groom: t/d/b/a R&J Monuments, Inc., : Defendants : No. 01-5794 Civil Term DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT 1. Denied. Defendant is without knowledge sufficient to form a belief as to the troth of the matters asserted, and strict proof thereof is demanded at trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. Defendant personally installed the plaque and, at that time, the vase recessed properly in its stored position and the only hole left uncovered in the granite base was not supposed to be covered as its original purpose was, and still can be used for, the installation of a vase. 7. Denied. Defendant discussed the matter of the incorrect pattern with Plaintiff. In this discussion, Plaintiff verbally agreed to and accepted the plaque cast with the pine cone pattern. Therefore, no further action was taken by Defendant. 8. Denied. No replacement plaque was ordered in accordance with the verbal agreement between the parties as stated in answer seven (7) above. 9. Admitted. A new plaque was never ordered pursuant to the modified agreement between the parties. 10. Denied. Defendant is without knowledge sufficient to form a belief as to the troth of the matters asserted, and strict proof thereof is demanded at trial. 11. Admitted. 12. Denied as a conclusion of law to which no response is required. To the extent a response is required, Defendant denies due to the agreement and acceptance by Plaintiff of the plaque that was installed. WItEREFORE, Defendant respectfully requests this Honorable Court dismiss in favor of the Defendant and against the Plaintiff along with costs and attorney fees incurred by the Defendants to defend this action. Dated: LAW OFFICES OF VANORMER & ASSOCS. BY: DARR~L~N. VANORMER, m. I.D. #22046 344 S. Market Street Elizabethtown, PA 17022 (717) 367-6831 VERIFICATION I, William Richard Groom. II . verify that the statements made in the foregoing ms~ee go Plaintiff's Cc~plaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: l'lov~ ao. 2ool William Richard Groom, II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WILLIAM T. RIGGS, Plaintiff V. R&J Monuments, Inc. RICHARD GROOM II and JANET HENRY GROOM Defendants No. 01-5794 Civil Term CERTIFICATE OF SERVICE ANDNOW, this 21st dayof November ,20011,.~,Legai Secretary for the Law Firm of Darrell N. VanOrmer, Jr., & Associates, Attorneys for Defendant, hereby certify that I have, this day, served a true and correct copy of the Defendant's Answer to Plaintiffs Complaint upon the person(s) indicated below by depositing a copy of same in the United States Mail, first class postage pre-paid, at Elizabethtown, Pennsylvania, addressed as follows: Susan J. Hartman, Esquire Duncan & Hartman, P.C. One Irvine Row Carlisle, PA 17013 LAW OFFICES OF VANORMER & ASSOCS. Dated: November 21, 2001 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA }BiLLT_~I T. RIOO8 : 01-.~794 Plaintiff : NO. CIVIL 19 . ~l. RICILa. RD GROOM t/d/b/a : R & J MONUMENTS : RULE 1312-1. 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: SI~SAN J. HARTMAN , counsel for the plaintiff/defendant 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 $1,000.00 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: __ Da~l N. Vnnnr~pr~ Jr., Susan J. llart~n WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. /~tfully submitted, ORDER OF COURT &~~ ~ ~10~-, in consideration of the AND NOW, foregoing petition, ~. /~ff~--~/ ~ff~, '~ / ~' appointed ~bit~tors ~ ~e a~ve captioned action (or actions) ~ ~y~or. - o ~7 ~ ~ o In The Court .of Common Pleas of C,,mherland Coun=y~ Pennsylvania We do sol~--~ly swear (or affirm) that we will support, obey and defend the Constitution of the United States aBd the C0nstIru~o~ of this Coeur. on- wealth and that we will discharge the duties our office with fidelity. AWARD We, the undersiEned arbitrators, having been duly appointed and sworn (or affirmed), make the follow-ins award: (Note: If d~.mges for delay are awar4ed, they shall be separately stated.) · Arbitrator, dissents. (Insert-name if Date of HearinE:~~ -- a~r~ was entered Arbitrators t co~e~a:ion co be pai~ u~on appel: ~ ~~~ ~ ~~~o~a~ Deputy In the Court of Common Pleas of Cumberland County, Pennsylvania To C~ C~C~ '~ L~ ~ q Prothonotary -'3 Term, 19 __ J