HomeMy WebLinkAbout00-07740
C~MONWEALTH OF PENNSYLVANIA
f' COURT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
/1' I ' CO
FROM
DISTRICT JUSTICE JUDGMENT
NOTICE OF APPEAL
COMMONPLEASN..C>>- 77Lj() 6~
Notice is g;."n 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.
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This block will b<i ~gned ONLY when this notation is required under Po. R ~.P. No.
l008B.
This Notice of Appeal, when received by the Disltict Justice, will operate as a
SUPERSEDEAS ta the judgment lor possession in this case.
vs.
SIGNATURE OF APPELlANT OR
Signature of Prothonotary or Deputy
If appel t was CLAIMANT (see Pa R.CP.JP. No.
1001(6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
PRAIECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of fann to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.JP. No.
fF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothono:"?I, II. :r C'. J
Enter rule upon !IV J I oM c.JQj @ner
1 J ) '. ~Of__JIee(S)
(Common Pleas No. ~ 77 70 tJlA tf ~ ) within twenty (20) days after servO
RULE: To
Wi/lam .~T~J1er~lee(S)'
Name 0/ s)
1001 (7) in action before District Justice.
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(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) ff you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
~ i of ser~:;Ule if service was by mail is the date of
Date: , ..... _'
N:Jf'C312-84
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COURT FILE TO BE FILED WITH PROTHONOTARY
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PROOF OF SERVICE OF NOTICE Of APPEAL AND RULE TO FilE COMPLAINT
(This proof at service MUST BE FILED WITHIN TEN (to) DAYS AFTER filing the notice of appeat, Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; .s
AFFIDAVIT: I hereby swear or affirm that I served
o a copy of tile Notice of Appeal. Common Pleas No. , upon the District Justice designated therein on
(date of service) 0 by personal service 0 by (certified) (registered) mail. sender's
receipt altacherl hereto. and upon the appellee. (name) , on
, 19_ 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto,
and further that I served the Rule to File a Complaint accompanying the above Notice of Appea! upon the appellee(s) to whom
the Rule was addressed on , 19__ 0 by p'''80nal service by (certified) (registered)
mail, sender's receipt attached hereto,
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS
DAY OF
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Signature of affiant
Signature of official before whom affidavit was marfa
Title of official
My commission expires on _
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~~TI~r7~9uD~T/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and AJDRESS
'LINN, JOHN .,
18 VICTOR DRIVE
MECHANICSBURG, PA 17055
L .J
VS.
V
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist. No.:
09-1-01
OJ Name: Hon.
-
CHARLE~ A. CLEMENT,
Add"" 1106 CARLISLE ROAD
CAMP HILL, PA
JR.
~~~_~17) 761-4940
17011
DEFENDANT: NAME and ADDRESS
'sCHANER, WILLIAM
4066 SENECA AVE
CAMP HILL, PA 17011
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p((J+~f'tO f::trcj 0 ice
WILLIAM sf HANER ~~~e&l{/' tJ .<;
4066 SENECA AVE J . V
CAMP HILL, PA 17011
l79~ o3tl ~)Lt ~lqS
Docket No.: CV- 0000468- 00
Date Filed: 8/24/00
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THIS IS TO NOTIFY YOU THAT:
Judgment:
[!] Judgment was entered for: (Name)
[!] Judgment was entered against: (Name)
FOR PLAINTIFF
T,TNNr .TOHlJ
gC.HANRR, WTT.T.TAM
in the amount of $
<;<;<; <;0 on:
(Date of Judgment)
o Defendants are jointly and severally liable.
o Damages will be assessed on:
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees .
Total
o This case dismissed without prejudice.
O Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
Post Judgment Credits
Post Judgment Costs
o Levy is stayed for
days or 0 generally stayed.
o Objection to levy has been filed and hearing will be held:
Certified Judgment Total $
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Date: Place:
Time:
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ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY 9NlJDGMJ;NT B~FILlNG A NOTICE
OF APPEAL WITH THE PROTHONOT ARY/CLERK OF THE COURT OF COMMON[PhEAS, CIVIL 9IVISION. YOU
MUST INCLUDE A COPY OF THI NOT CE OF JUDGMENTITRAN IPT FORM WITH YOUR NOTICE OF APPEAL.
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, 10/4/00
Date
I certify that this is a true and correct copy of the record of the proceedings contain! the1judgment.
Date
istrict Justice
, District Justice
My commission expires first Monday of January,
AOPC 315-99
2002
SEAL
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COMMONWEALTH OF PENNSYLVANIA
COURT Of COMMON PLEAS
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______~~T1~_OFA~~EA~ ,./1' /- 00
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
. ~,,^,~N,~~~~~ct'-77 f(J ct.dJ
NOTICE OF APPEAL
Notice is g~ven 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 belOYt.
NAME uJilia\1l f Schan ev--
-tJ60?; ~rzC8 rive- . /7011
DA /O-(yf-or; 'NTHE C:%h';l '" lJ.);,/Ii~','oetd1R}r
ClAU'NO ~1~ (:tJ0c<f6e-tdJ, ',":", )NATjJi;.::CJ~ {)/t,
This black will be ~gned ONLY when thi, notation is required under PO:,R.C'.I'JP. No. If appel/lmt was CLAllvTilNT (see Pa. RD.P.J.P.No.
10088. i ' ' '
This No.tice o.f Appeal, when re<:eived by the District Justice. will .operate as a 1001(6) in action before District".!ustice, he MUST
SUPERSEDEAS to. the judgment for po"es~an in this' case ,FILE A COMPLAINT within twenty (2"0) days after
fil/nR his NOTICE of APPEAL.
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Signature of P;othonotary, or Dej5iJty _
'. ..PRAECI~E TO ENTER RULE TO FILE COMPLAINT AND llULE' TO FilE .
(This section of form to be. used ONLY when awellant_W<JS_QEEENOAlJIT Ls~_ Pa. R.C,f>.'/'p. NQ~ 100. 1f7.U'l.IJctiol] . before~ DIstrict J/jstice, ,
IF NOT USED, detach from copy of notice ol.appeaf to be,se.rvedupQn appellee). ' .
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PRAEE::::1e::=thOl1OW; thOM :r Sch '2Jner ...J"" ~~apl'e1k~~)'lofileacomPlaintinthisappeal
, 1.1 A} ..Nameofappel~e(~) '. ,..J '. r7. .
{Cammon Pleas No. en.. 7770 UA.ti.fi )wltluntwenty (20) days after ser e"Cof?rule 0.'/""1er xtry f Judgme~t "l'nOl1 pros.
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Name of appe/!f1e{s) ,
RULE: To.
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(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days ofter.the date of
service of this rule ~P.!it~Y.iu'&y:per~onol service or by certified or registered mail. _ . _ >.:":-..~~ - :'_'. \.', ~. . _, ~__
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(2) !fY<>\( Qo. nOt file a cbmplainf\y;thin this time. a JUDGMENT OF NON PROS WILL BE El':i!ERI;D: AGAIN~.r XOU~:,
J;JJf~~;::'o..t servJ....~. :'.'c~~o.. f.':h.:~:"~{~'serVice wos by mail is the date o.f majfin';l~ !j..~~~, C':'~;~i:f ~
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COURT FILE
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FilE COMPLAINT
(This proal 01 service MUST BE FILED WITHIN TEN {lOl DA YS AFTER filing the notice of appeal. Check applicable boxes}
COMMONWEALTH OF "ENI~SVLVANI#\ ,
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CCUNTVOF i U M. /f'{3X:....,
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AFFIDAVIT: I hereby swear or affirm that I served . ri' "
'IZl a copy of ti1e Notice 0.1 ApPl'al, J:;9!)1mon Pleas No. 0 C) .,,''j ) :1'(. "'": 'u;~n 'the Dlstnct Justice des'gnated therem on
I (dat~ of service) ---/.1-'- c t --(~'V . 0 )Jt\fl~rsona',,$.erviC,? ~}y(certified) (registered) maii. sender's
rec~~tacri hereto. and upon the appellee, (name) JuV'c" ,2, t.--' ; i" , on
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. ., - _ -:?/iDC 0 by personal serviceJ;;1by (certified) (registered) mail. sender's receipt attached hereto,
and lurther that I served the Rule t? f,il\}' CW'piaint accompanying the above Notice 01 Appeal upon the appellee(s) to whom
the Ruie WE,S addressed on t,.lD.l _1JiDO ~bY personal se~IiJc'9 D,by (certified) (registered)
mail, sende"'s receipt attached here-to. ;"':.' '!, /'\ \ ,'_'
SWORN (A;;'RMED) AND SUBS~~IBED BEFORE ~~, J I ~(l/ f "\'!':':."~. ..<.,\ /
THIS -/ ~~_ ":. IF /(/oeJe _~II. 1~ (J ~"'S~. k..... .i
-! Signature 01 affiant
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NOTARIAL SEAL
ROBERT J. GOlDcm:~~
::~~ Explles JIJY 10. 2003
U.S. Postal Service
CERTIFIED MAIL RECEIPT
(DomestIc Mall Only. No Insurance Coverag"! Plovlcled)
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Total Postage & Fees
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CERTIFIED MAil RECEIPT
(Domestic Mad Only: No InsUlance Cove/age Provided)
~rli== 17055
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Certified Fee
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plaintiff:
Conunon Plea No. 00-7740 Civil
LINN, JOHN
Claim No. CV 19 0000468-00
18 VICTOR DRIVE
MECHANICSBURG, PA 17055
VS.
Defendant:
SCHANER, WILLIAM
4066 SENECA AVENUE
CAMP HILL, PA 17011
Complaint I - Unpaid Wages - Liquidated Damages Claim
1. Plaintiff, John Linn, worked with the defendant, William Schaner, on the last
job on July 25, 2000.
2. At the time of the last job, the plaintiff was owed for nine jobs that were
completed, the plaintiff's half of the profits minus expenses totaled nine hundred ninety
dollars and sixty-seven cents.
3. After persistent attempt's, defendant paid plaintiff three hundred eighty-five
dollars on August 7, 2000 for three of the jobs owed for, leaving six hundred five dollars
and sixty-seven cents still outstanding.
4. Despite the plaintiff's repeated demands upon the defendant for payment, the
defendant repeatedly gave excuses.
5. After not hearing from the defendant, on August 24,2000 plaintiff filed a
complaint with District Justice Charles A. Clement.
6. A hearing was held on October 3, 2000 and a judgment against the defendant
was entered for the amount of five hundred dollars plus fifty-five dollars and fifty cents for
filing fees.
7. The profits due to the plaintiff by the defendant constitute wages under the
pennsylvania Wage Payment and Collection Law, 43 Pa. Cons. Stat. 15 260.l, et seq., and
the actions of defendant constitutes a violation of the Pennsylvania Wage Payment and
Collection Law.
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8. In accordance with 43 Pa. Cons. Stat. I) 260.10, in addition to the wages,
plaintiff is entitled to liquidated damages in an amount of five hundred dollars.
WHEREFORE, plaintiff, John Linn respectfully requests that this honorable court
enter judgment in his favor and against defendant William Schaner, in an amount not in
excess of one thousand five hundred dollars, with filing fees. ~ ~
"Plaintiff
-
I, ~ oH ~ LIllI'\, hereby state that the facts set forth are true and correct to the
best of my knowledge, information, and belief. I understand that this Verification, and the
statements contained herein, are made subject to the penalties of l8 Pa. Cons. Stat. I)
4904, relating to unsworn falsification to authorities.
~~
llignature
Complaint II - Breach of Oral Contract
1. PlaintUI: John Linn, is a citizen of the commonwealth of Pennsylvania and is
presently residing at l8 Victor Drive Mechanicsburg, Pennsylvania.
2. Defendant, William Schaner, is the owner of Schaner Family Carpets
incorporated under the laws of the Commonwealth of Pennsylvania having a place of
business at 4066 Seneca Avenue Camp Hill, Pennsylvania.
3 . Venue in this court is appropriate in that the company has its office located in
Cumberland County, and the company regularly conducts business there.
4. At all times relevant, the company has been engaged, inter alia, in the business
of flooring installation.
5. In or about the first week of November, 1999, the plaintiff and defendant
discussed a fifty-fifty partnership in the defendant's business. At the time, the plaintiff was
not happy with his current job and the defendant needed assistance with his business.
6. On January 1,2000, the plaintiff began working with the defendant
subcontracting for Carpet Mart, Excel Interior Concepts and Construction, and
Northeastern Home Improvements with a fifty-fifty partnership agreement. The plaintiff
bought several tools with every intension on helping to expand the business.
7. After several suggestions by the plaintiff to be paid by check, the defendant
continued to pay the plaintiff in cash up until July of 2000.
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8. Jobs subcontracted through Carpet Mart would generally take a week to be
paid, as long as the defendant submitted the invoice on time. Jobs subcontracted through
Excel Interior Concepts and Construction and Northeastern Home Improvements
generally took longer depending on when the invoices were submitted.
9. On or about June 26,2000, the defendant's brother began working with the
plaintiff and the defendant. The profits then began being split three ways and the number
of jobs never increased.
10. The defendant began telling the plaintiff that there were no jobs scheduled and
the defendant did not need the plaintiff's help day after day. However, there were several
jobs scheduled but the defendant and the defendant's brother were completing them.
11. After not hearing from the defendant for almost a week, the plaintiff would
call the defendant and ask about work and pay. The defendant continued to give excuses
and would allow the plaintiff to go up to two and a half weeks without a paycheck.
12. At all times during the partnership, the plaintiff was capable of performing his
job and did so satisfactorily.
13. The plaintiff, to his detriment, relied upon the oral agreement made with the
defendant in accepting a fifty-fifty partnership in the defendant's business, leaving his full
time place of employment, placing all his faith in the partnership, and buying tools to help
expand the business.
COUNT I
BREACH OF CONTRACT
14. The plaintiff incorporates by reference herein, paragraphs 1 through 13 of the
complaint, as if fully set forth.
15. The plaintiff's exclusion from the defendant's company was arbitrary,
capricious and without good cause, in breach of the partnership agreement described
above.
16. The failure and refusal by the defendant to honor and comply with his
agreement and his promises to the plaintiff constitutes knowing, willful and bad faith:
(a) Breach of an oral contract of partnership between the defendant and the
plaintiff to share the profits of jobs minus expenses fifty-fifty with the plaintiff
(b) Breach of an implied obligation not to deny or foreclose the promised
partnership to the plaintiff, on the basis of a termination of partnership without cause; and!
or,
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(c) Breach of an implied obligation to deal with the plaintifffairly and in good
faith by not arbitrarily and capriciously terminate his partnership through a causeless
discharge after having induced him through his promises to leave his current job and buy
tools in order to work and help expand and improve the business.
17. As a direct and proximate result of the foregoing breaches of express and
implied contractual obligations by the defendant, the plaintiff has been injured and
damaged by loss of his employment, earnings, and the incursion of debt and other coasts
and losses associated with the lack of receiving payment for jobs done. As a direct and
proximate result of said breaches, the plaintiff sustained other injuries as may be
discovered.
WHEREFORE, the plaintiff respectfully requests this Court to:
( a) enter judgment in favor of the plaintiff for injuries, losses and damages
determined to have been sustained by the plaintiff as a result of the defendant's breaches
described herein plus costs together with interest;
(b) punitive damages; and
( c) an award of costs.
COUNT IT
DETRIMENTAL RELIANCE
18. The plaintiff incorporates by reference herein, paragraphs 1 through 17 of the
complaint, as if fully set forth.
19. Upon information and belief, the defendant deliberately made and! or
permitted to be made representations to the plaintiff between November 1999 and August
2000, which he knew or should have known were false and misleading as follows:
(l) That the defendant was looking for someone to help him expand his business
and to increase the number of jobs completed.
(2) That the partnership was true and that it was in the plaintiff's best interest to
buy tools to help expand the business.
(3) That the defendant was still working with the plaintiff but there were no jobs
scheduled at the time.
20. Upon information and belief, it is alleged that the representations described in
paragraph 19 above were false and misleading, and were intended to be such by the
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defendant with the expectation that they would influence the plaintiff's conduct, in that the
defendant:
(1) knew or believed that the matters were not as they were represented to be; or
(2) intended to disavow the promises and representations made; or
21. The plaintiff was induced by and justifiably relied upon the misrepresentations
described in paragraph 19 above in accepting the partnership offered by the defendant, in
leaving his former place of employment and buying tools.
22. The plaintiff's justifiable reliance upon the misrepresentations described in
paragraph 19 above, was a direct and proximate cause in determining the plaintiff's
actions which resulted in his injuries, losses and damages.
23. As a direct and proximate result of the defendant's misrepresentations and the
plaintiff's reliance on them, the plaintiff has been injured and damaged by loss of his
employment, earnings, the incursion of debt and other costs and losses associated with not
being paid for jobs completed, and has suffered and continues to suffer emotional distress
and mental suffering and pain. As a direct and proximate result of these
misrepresentations, and his reliance on them, the plaintiff sustained other injuries as may
be discovered. Plaintiff demands damages from the company for all of said injuries.
24. In light of the defendant's knowing, willful, deliberate and bad faith
misrepresentations and outrageous conduct done in contempt of the plaintiff's rights, the
plaintiff believes and therefore avers that he is entitled to an award of punitive damages,
and demands same from the defendant.
WHEREFORE, the plaintiff respectfully requests the Court to:
(a) enter judgment offive hundred dollars in favor of the plaintiff for injuries,
losses and damages detennined to have been sustained by the plaintiff as a result of the
defendants knowing, willful, deliberate and bad faith misrepresentations done in contempt
of the plaintiff's rights.
~~
4i.aintiff
I, -::5" cli ~ l-, l\ f\.. hereby state that the facts set forth are true and correct to
the best of my knowledge, information, and belief. I understand that this Verification, and
the statements contained herein, are made subject to the penalties of 18 Pa. Cons. Stat. 1)
4904, relating to unsworn falsification to authorities.
~~~
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