HomeMy WebLinkAbout01-1186 FX
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SCOTT A. SHEARER
Plaintiff
v.
JOHN SOPENSKY PROPERTlES
Defendant
AND NOW, this
day of
. ,
IN THE COURT OF COMMON PLEAS
OF THE 9TIl JUDICIAL DIS1RICT
OF PENNSYLVANIA
CUMBERLAND COUNTY
NO. 01-1186 Civil Term
CIVIL ACTION- LAW
ORDER
2001, it is hereby ORDERED and
DIRECTED that the Plaintiff's Motion for Judgment on the Pleadings is GRANTED.
BY THE COURT,
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COMMONWEALTH OF P~NNSYLVANIA
COURT OF COMMON PLEAS
NOTICE OF APPEAL
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JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
COMMONPLEASN... ciJ,-llPt:, e;~('r~
NOTICE OF APPEAL
I
Nofice is given that the appellant has filed in the above Court of Comman Pleas an appeal from the judgment rendered by the District Justice on the
date and in the case menfioned below.
NAME OF APPELLANT
ADDRESS OF APPELLANT
o 'IV 50PEAJf f. op~t-nt.s
MAl(\! ("f
MAG. D15T. NQ OR NAME. Of' OJ.
O'l-}-tJF
EArr
IN THE CASE OF (Plaintiff)
CITY
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STATE
ZP CODe
fYl E-C
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DATEOf
(Defendant)
Seo r"l' 5 NJ:lJfU!/C vs. PH;V (J1'6rv5~tf
~; 1~ 000 () <I () 2,. _ 0 0 S1GNAT~EL~NEY OR AGENT
This black will be signed ONLY when this notafion is required under Pc. R.cP J.P. No. If appellant was CLAIMANT (see Pa. R.CP.JP. No.
10088.
This Notice of Appeal, when received by .the District Justice, will operate as a 1001 (6) in action before District Justice, he MUST
SUPERSEDEAS 10 the judgment for possession in this case FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
~lJ /<$R Tit{ f
Signature of Prothonotary or Depufy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form /0 be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice.
tF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon )lPrr.A SHe",(/. f,/( ,appellee(s), to file a complaint in this appeal
1', of appeflee(sJ
(Comman Pleas No. () I - II P L. (!, (;, (, ~within twenty (20) days after service of rule or suffer entry of judgment of non pros.
fi- .1Jk of appelfBnt Of h~ affomey Of agenI
RULE: To 5'co-rr A. flV/!..APf;..1(
Name of appelJoe(s!
. 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 after the date of
service of this rull! upon you by personal service or by certified or registered mail
(2) If you da not file a complaint within this time, a JUDGMENT 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.
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Date:
AOPC312-84
COURT FILE TO BE FIllED WITH PROTHONOTARY
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FfLED WITHtN TEN (10) DA YS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH Of PENNSYLVANIA
COUNT{ Of___.__
; 4UI
AFFIDAVIT: I hereby swear or affirm that I served
a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on
(date ot service) 0 by personal servl,06 0 by (certified) (registered) maii. sender's
receipt attached hereto. and upon the appeilee. (name) . on
. 1,,_ 0 by personal service 0 by (certified) (registered) mall, sender's receipt attached hereto.
o 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 (certified) (registered)
mail, sender's receipt attached 11erelo.
SWORN (AFFIRMED) AND SUBSCRiBED BEFORE ME
THIS __
DAY OF _____.19____
Signature of affiant
Signature of offield! before whom atfrdavit was mads
Title of official
My commission o)(pires on ~
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COMMONWEALTH OF PENNSYLVANIA
>COUNTY OF: CUMBERLAND
09-3-05
NOTICE OF JUDGMENTITRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and AQORESS
!sHEARER, SCOTT 1!/ I
301 NEWPORT ROAD
DUNCANNON, PA 17020
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VS.
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Mag, DisC No,:
OJ Name: Hon,
GAYLE A. ELDER
Add,,,, 507 N. YORK ST.
MECHANICSBURG, PA
T",ph,"' (717) 766-4575 17055
DEFENDANT: NAME and ADDRESS
!JOHN SOPENSKY PROPERTIES
105 EAST MAIN STREET
MECHANICSBURG, PA 17055
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JOHN SOPENSKY PROPERTIES
105 EAST MAIN STREET
MECHANICSBURG, PA 17055
Docket No.: CV- 0000402 - 00
Date Filed: 12/15/00
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THIS IS TO NOTIFY YOU THAT:
Judgment:
[!] Judgment was entered for:
FOR PJ,AINTTFF
(Name) !'lHRlI.RRR. !U'O'l"!' 1I.
[iJ Judgment was entered against: (Name) ,TORN flOPRNflKY PROPRRTTRll
in the amount of $
::I 21>0 "'0 on:
(Date of Judgment)
1/31/01
.
o Defendants are jointly and severally liable.
o Damages will be assessed on:
(Date & Time)
O Amount of Judgment SUbject to
Attachment! Act 5 of 1996 1>
Amount of Judgment $ 3,194.00
Judgment Costs $ 66.50
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 3,260.50
Post Judgment Credits $
Post Judgment Costs $
o This case dismissed without prejudice.
o
o
Levy is stayed for
days or 0 generally stayed.
------------
------------
Certified Judgment Total $
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/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
Date
, District Justice
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
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NOTICE OF APPEAL
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
,
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. (tI.1 "Urb CU; trEA..n-l
NOTICE OF APPEAL
NoHce is given that. the appellant has filed in the aOOve Court of Common Pleas an appeal from the judgment rendered by the District Justice on the
date and in the case mentioned below.
JOliN 50pENf y f!<oPt:f.fJf-S
InA/(\J (I
CITY
MAG. D1ST. NO. OR NAME OF OJ.
09-} -tJr
STATE
ZIP CODE
NAME OF APPEUANT
""TEOF
IY/f5-CH N I(S8v1<c;. p~
IN THE CASE OF (Plaintiff) (Defendant)
I ~(o r1' $NNJ/2t!j( 'IS. JpHlV O;?ISN>fi(11
cuu. NO ~~ 11: 0 00 () <I (H _ 00 ~GNA9~l:~f~:TY OR AGENT
This block will be ~gned ONLY when this notaHon is required under Po. R.cP J.P. No. If appellant was CLAIMANT (see Pa. R.C.P.J.P. No.
10088.
This Notice of Appeal, when received by the District Justice, will ,operate as a 1001 (6) in action before District Justice, he MUST
SUPERSEDEAS 10 the judgment for possession in this case. FILE A COMPLAtNT within twenty (20) days. after
filing his NOTICE of APPEAL.
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Signature of Prothon_y or Deputy
ER RULE TO FILE COMP~-!~ ANM"*~('O FILE t d
(This section of form to be US 'ONLY when ffant was DEFENDANT (see Pa. HC.P.JP. No. 1001 (7) in ~ beloreDistJict Ju~~ce.
tF NOT USED, detach from copy of notice of appeal to be served upon appeffee). \~~ \ \ ~,y" j.~" .!
PRAECIPE: To Prothonotary \'.
Enter rule upon 5g, II A 5~ t:f1(1. 6!( ,appellee(s), to file a complaint in this appeal
) . ~1i 01 appelfee(s)
(Common Pleas No. 0 I ~ II P t... lllJl ( ~within twenty (20) days after service of rule or suffer entry af judgment af non pros.
fOol 1:b 01 appel/8nt or hIS altorney or agent
RULE: To
5corr II. f;.;t;lIU.R
Name of appe/~e{s)
, appellee(s).
(1) You aren<>tified that a rule is hereby entered upon yau 10 file a con/Plaint in th.is appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered mqil.
, .
(2) If you do no~..:rf'ci.;;;;~1~[~t!~$iti,!i~l.t~i.S time, a JUDGMENT OF Nc!>N PROS Will BE ENTERED AGAINST YOu.
,.,:'P"'? \,:i:>,.."~.,,:",':',,' ht;,- $~':" ! '
(3) The dale~''si.~6jth~ r~jeif~u1f.was by mail is the date of: mailing.
Date: fY2"dllr~~r'~r~,~~~/..~,','{':;:~': 'L- La~ p ,f? ~.~~.!~
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FilE COMPLAINT
(This prool of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicabla boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF (v VV\ V~.. \0. vvA
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AFFIDAVIT: I hereby swear or affirm thaI I served
.00 a copy ot the Notice of Appeal. Common Pleas No. 0/." f6 (,vd ftc;upon the District Justice designated therein on
(date of service) ., Ili'I by personal service 0 by (certitied) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name) 5(o~ SNf-RfUR _ ,on
. 19_ 0 by personal service Ill! by (certified) (registered) mail. sender's receipt attached henlto.
[!J and turther that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom
the Rule was addrassed on , 19~ by personal service ~ by (certified) (registered)
mail. sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
J:s7 DAY OF }Y\ur.k. ,1eflt2aJ
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Signalvre of affiant
Title of o!f;cial CORAfNEL.MYE:RSi .i:E". PuIllic
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My commISSion expires en ,Mvl . : C;~ . ,,' a I
U.S. Postal SerVIce
CERTIFIED MAil RECEIPT
(DomestIc Mall Only; No Insurance Coverage PlOvlded)
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Return Receipt Fee Ir.(~/"~~stmark"\
(Endorsement Required) ; '::~~ ;. . lXert;. j
Restricted Delivery Fee $0.00 \".> \ ,eX,':
(Endorsement Required) , ,.
TotoIPo",ge&F", $ $3.74 \J3/~~~0~..
Name (Please Prlnt Clearly) (To be completed by maUer) .
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SCOTT A SHEARER
Plaintiff
IN THE COURT OF COMMON PLEAS
OF THE 9TIl ruDICIAL DISTRICT
OF PENNSYL V ANlA
v.
JOHN SOPENSKY PROPERTIES
CUMBERLAND COUNTY
NO. 0/_ fiN, Ctv.d t.u..-.
Defendant
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
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 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 lose !)loney or property or other rights important to you.
____"-"'0""',-'
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 OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LffiERTY AVENUE
CARLISLE,PA 17013
(717) 249-3166
1-800-990-9108
CENTRAL PENNSYLVANIA LEGAL SERVICES
213A NORTH FRONT STREET
HARRISBURG, PA 17101
1-800-932-0356
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SCOTT A. SHEARER
Plaintiff
IN THE COURT OF COMMON PLEAS
OF THE 9TII JUDICIAL DISTRICT
OF PENNSYLVANIA
v.
JOHN SOPENSKY PROPERTIES
CUMBERLAND COUNTY
NO.
Defendant
CIVIL ACTION- LAW
COMPLAINT
AND NOW, comes the Plaintiff, SCOTT A. SHEARER, by his attorney, Barbara
Wevodau, Esq., pursuant to Pa.RC.P.J.P. 1001(6) and asserts the following:
1. Plaintiff, SCOTT A. SHEARER, is an adult individual residing at 310 Newport Road,
Vuncannon, Perry County, Pennsylvania.
2. Defendant, JOHN SOPENSKY, is an adult individual doing business as John
Sopensky Properties at 105 East Main Street, Mechanicsburg, Cumberland County
Pennsylvania.
3. On or about September, 2000, Plaintiff and Defendant entered into an oral contract in
which the Plaintiff would install replacement windows and siding on the Defendant's
rental properties.
4. Plaintiff completed the installation job for the Defendant on or about November of
2000.
5. Upon completion of the installation job for the Defendant, Plaintiff did not receive the
agreed upon payment for his services rendered.
6. On December 15, 2000, Plaintiff filed action against the Defendant in District Justice
Gayle A. Elder's Office. See Exhibit "N'.
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7. On January 31, 2001, judgment was entered in favor of the Plaintiff in the amount of
$3,26050.
8. On or about February 6, 2001, Plaintiffrcceived correspondence from Defendant and
enclosed was a check made to Plaintiff in the amount of eleven hundred dollars
($1,100.00)_ See Exhibit "B".
9. On February 17, 2001, Plaintiff received correspondence from Defendant with a
check enclosed in the amount offourteen hundred dollars ($1,400_00). See Exhibit
"C".
10. Defendant owes $760.50 on the remaining balance on the judgment rendered on
January 31, 2001.
WHEREFORE, the Plaintiff demands damages in the amount of$760.50, plus costs,
interest, lost wages and attorney's fees.
Respectfully submitted:
1wJ(})fL {JuopP:1_L(&
Barbara Wevodan, Esquire :' 7
Supreme Court I.D. No. 85673
P.O. Box 264
New Bloomfield, P A 17068
(717) 582-8883
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SCOTT A. SHEARER
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
No.
JOHN SOPENSKY
PROPERTIES
CIVIL ACTION- LAW
Defendant
VERIFICATION
I verify that the statements made in the attached COMPLAINT are true and
correct. I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. 4904 relating to unsworn falsification to authorities.
DATE: ~ "')0 "C) 1
.
.~ A QQQf~ I
(SIGNATURE)
Scott A. Shearer
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SCOTT A. SHEARER
Plaintiff
IN THE COURT OF COMMON PLEAS
OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA
v.
JOHN SOPENSKY PROPERTIES
CUMBERLAND COUNTY
NO.
Defendant
CIVIL ACTION- LAW
CERTIFICATE OF SERVICE
I, Barbara Wevodau, Esquire, hereby certify that, on this date, a true and correct
copy of the foregoing Complaint was served upon John Sopensky Properties, Defendant
in the above-captioned matter, by mailing a copy of said Complaint from the New
Bloomfield Post Office via first class mail postage prepaid to the following address:
John Sopensky Properties
105 East Main Street
Mechanicsburg, P A 17055
DATE:
3 J{)O/Ol
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Barbara Wevodau, Esquire
Supreme Court I.D. No. 85673
P.O. Box 264
New Bloomfield, P A 17068
(717) 834-5554
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COMMONW ;L~H OF PENNSYLVANIA
COUNTY OF: CUMBgRLAND
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09-3-05
NOTICE OF JUDGMENTITRAN.5CRIPT
CIVIL CASE .
PLAINTIFF: NAME and ADDRESS
'sHEARER, SCOTT A I
301 NEWPORT ROAD
DUNCANNON, PA 17020
L ~
Mag. Dis1.No.:
OJ Name; Hon.
GAYLE A. ELDER
Add"'" 507 N. YORK ST.
MECHANICSBURG, PA
VS.
T.leph"" (717) 766 -4575 . 17055
DEFENDANT: NAME and ADDRESS
'JOHN SOPENSKY PROPERTIES
105 EAST MAIN STREET
MECHANICSBURG, PA 17055
L
Docket No.: CV- 0000402- 00
Date Filed: 12/15/00
I
SCOTT A. SHEARER
301. NEWPORT ROAD
DUNCANNON, PA 17020
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THIS IS TO NOTIFY YOU THAT:
Judgment: '1"0"1{ '. Pl.)\. TN'!'l FF'
[iJ Judgment was entered for: (Name) l'lHRl>.RRR. !l("(W"l' l>.
[iJ Judgment was entered against: (Name) .TOHN !lOPF.N!lKY PROPRR'l'TR!l
In the amount of $
"I,?60 ..0 on:
(Date of Judgment)
1 /"11 /01
.
o Defendants are jointly and severally liable.,
o Damages will be assessed on:
o This case dismissed without prejudice:"
(Date & Time)
. . Amount of Judgment
Judgment Costs
Interest on Judgment .
AttorneyFees'
Total
$ 3,194.00
$ 66.50
.$ .00
$ .00
$ 3,260.50
Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
o
o
o
Post Judgment Credits $
Post Judgment Costs $
Levy is stayed for
days or 0 generally stayed.
------------
------------
Certified Judgment Total $
Objection to levy has been filed and hearing will be held:
Date:
Place:
fC) +I-\L B,'\\
~70o(5u
.~
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHON<:>TARY/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.
. Date
, District Justice
I certify that this is a true and correct co y of
,().':).Ol Date
-
EXli~~L-1
My commission expires first Monday ol January,
AOPC 31S.99
2006
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AMERlC~S WITH DISABILITIES
ACT OF 1990
The Perry County Branch of the C:;;ourt of Common Pleas for the 41 st Judicial
District is required by law to comply with the Americans with Disabilities Act of 1990.
For information about accessible facilities and reasonable accommodations available to
disabled individuals having business before the Court, please contact my office. All
arrangements must be made at least 72 hours prior to any hearing or business before the
Court. You must attend the scheduled cdnference or hearing.
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SCOTT A. SHEARER . . IN THE COURT OF COMMON PLEAS
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. .
Plaintiff . . OF PENNSYLVANIA
. .
v. . . CUMBERLAND COUNTY
. .
JOHN SOPENSKY PROPERTIES . . NO. 01-1186 Civil Term
. .
. .
. .
Defendant . . CIVIL ACTION- LAW
. .
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN
WRITING WIlli THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR
PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HA VB A. LAWYER OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
Central Pennsylvania Legal Services
213A North Front Street
Harrisburg, PA 17101
Telephone: 1-800-932-0356
OR Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: 1-800-990-9108
fp IJ() j{) aJJJ.l2WaJ I
Barbara Wevodau, Esq.
P.O. Box 264
New Bloomfield, PA 17068
Telephone: (717) 582-8883
Atorney for Plaintiff
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SCOTT A. SHEARER
Plaintiff
v.
JOHN SOPENSKY PROPERTIES
Defendant
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IN THE COURT OF COMMON PLEAS
OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA
CUMBERLAND COUNTY
NO. 01-1186 Civil Term
CIVIL ACTION- LAW
CERTIFIC TE OF SERVICE
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I, Barbara Wevodau, Esquire, he eby certify that, on this date, a true and correct
copy of the foregoing Notice was serve upon Jacqueline M. Verney, Esq., attorney for
Defendant John Sopensky Properties in t e above-captioned matter, by mailing a copy of
said Notice from the Carlisle Post 0 ce via first class mail postage prepaid to the
following address:
DATE: 5//1..//01
I
Jac4ueline M. Verney, Esq.
44~. Hanover St
Carlisle, PA 17013
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Attorney for Plaintiff
Barbara Wevodau, Esquire
Supreme Court I.D. No. 85673
P.O. Box 264
New Bloomfield, P A 17068
(717) 834-5554
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YOU HA VB BBBN SUBD IN COUllT. It you wi~ to defend againBt the olaims
set tbrth in thefoUowIng pages, you must take action withih twenty (20) days8fter this
Complaint and Notice are served, by entering a written ap~ personally or by
attorney and filing in writing with the Court your defenses pr objections to the claims set
forth epinst you. You are warned tI1a\: it you filii to do so the case may proceed without
you and ajudgement may be entered against you by the Cobrt witllout further notice tbr
any money claimed in the Complaint or for any other c1a1ni or reliefrequeakd by the
Plaintiff. You may lose money or property or other rights i!nportant to you,
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YOU SHOUlD TAKE nus PAPER TO YOUR 1lA WYER. AT ONCB. IF
YOU 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 00 TO OR.
TELEPHONE THE omess SET FOR.TH BELOW TO FIND our WHERE YOU
CAN GET LBGAL HBLP. i
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CUMBERLAND COUNTY BAR. ASSOCIATION
2 LIBEllTY A VSNUE I
CARLISLE, PA 17013 I
(717) 249-3166
1-800-990-9108 I
CENTRAL PBNNSYL VANIA LEGAL1SBRVICES
213A NOR.m PRONT STREET
HARRISBURG, PA 17101/'
1-800-932-0356
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SCOTI A. SHEARER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA
vs.
JOHN SOPENSKY PROPERTIES,
Defendant
CUMBERLAND COUNTY
NO.
CIVIL ACTION - LAW
ANSWER TO COMPLAINT
AND NOW, comes the Defendant, John Sopensky, doing business as John Sopensky
Properties, pro se, pursuant to Pa. R.C.PJ.P. 1001(6) and asserts the following:
1. Plaintiff, SCOTI A. SHEARER, is an adult individual residing at 310 Newport Road,
Duncannon, Perry County, Pennsylvania.
2. Defendant, JOHN SOPENSKY, is an adult individual doing business as John
Sopensky Properties at 105 East Main Street, Mechanicsburg, Cumberland County,
Pennsylvania.
3. Plaintiff commenced work witho~t specifying a price.
4. Plaintiff failed to complete the joli>.
5. Plaintiff failed to complete the jolJ in a reasonable time frame - 2Yz months.
6. Plaintiff improperly installed two windows causing the windows to crack.
7. Plaintiff performed work in a careless manner strewing nails in parking area causing
residents tires to puncture.
8. Plaintiff used Joe Ciccocioppo to do 50% of work who as a salaried employee of
Plaintiff should not be compensated his work.
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WHEREFORE, Defendant requests this Honorable Court to dismiss the Plaintiffs
complaint.
Respectfully submitted,
J~~
John Sopensky Properties
105 East Main Street
Mechanicsburg, P A 17055
(717) 697-4440
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JOHN SOPENSKY PROPERTIES,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
THE 9TH JUDICIAL DISTRICT
OF PENNSYL VANIA
vs.
SCOTT SHEARER,
Defendant
CUMBERLAND COUNTY
NO.
CIVIL ACTION - LAW
COUNTERCLAIM
AND NOW, comes the Defendant, John Sopensky, doing business as John Sopensky
Properties, pro se, pursuant to Pa. R.C.P.J.P. 1001(6) and asserts the following:
1. Plaintiff, JOHN SOPENSKY, is an adult individual doing business as John Sopensky
Properties at 105 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant, SCOTT A. SHEARER, is an adult individual residing at 310 Newport
Road, Duncannon, Perry County, Pennsylvania.
3. Plaintiff asks damages for loss of good will from residents of apartment community
for presenting a dangerous parking lot filled with rusty nails and for punctured tires or residents'
cars in the amount of$5,000.00.
4. Plaintiff asks that Defendant pay for completion of job in the amount of $966.00.
5. Plaintiff demands that Defendant pay for cost of replacing windows that were
improperly installed in the amount of$I,135.00.
6. Plaintiff asks that Defendant pay for portion of work performed by Joe Ciccocioppo, a
salaried employee of Plaintiff at the time in the amount of $1 ,500.00.
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WHEREFORE, Plaintiff demands damages of$8,601.00.
Respectfully submitted,
J01SoP~k pro se
John Sopensky Properties
105 East Main Street
Mechanicsburg, P A 17055
(717) 697-4440
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SCOTT A. SHEARER
Plaintiff
IN THE COURT OF COMMON PLEAS
OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA
v.
JOHN SOPENSKY PROPERTIES
CUMBERLAND COUNTY
NO. 01-1I86 Civil Term
Defendant
CIVIL ACTION- LAW
PLAINTIFF'S MOTION FpR JUDGMENT ON THE PLEADINGS
AND NOW, comes the Pl~intiff, Scott A. Shearer, by and through his
I
,
Attorney, Barbara L. Wevodau, E~q., pursuant to Pa. R.c.P. 1034 makes the
following Motion;
I
I. The pleadings in this matter mje closed.
2. Plaintiff filed a Complaint in r~sponse to an appeal from a District Justice's
I
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award on March 20, 2001. I
3. Plaintiff's counsel was notifiJ by Defendant's counsel that an Answer and
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Counterclaim would be filed. I
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4. Plaintiff's counsel phoned Detendant's counsel to inquire about the Answer
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and Counterclaim and sent ou~ a Ten-day notice on May 14,2001.
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5. Defendant filed an Answer an~ Counterclaim on May 24,2001.
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deemed admitted.
7. Defendant's answer haSfail4to comply with the PaRC.t>. 1029.
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8. With respect to Defendant's counterclaim against Plaintiff, no cause of action
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9. Defendant's counterclaim makes demands for monetary relief upon which no
basis has been asserted.
10. With all relevant pleadings now closed, pursuant to Pa.R.C.P. 1034, Plaintiff
motions for Judgment on the pleadings
WHEREFORE, the Plaintiff requests that the Honorable Court enter judgment in
his favor and against Defendant.
Respectfully submitted:
Barbara Wevodau, Esquire
Supreme Court I.D. No. 85673
P.O. Box 264
New Bloomfield, P A 17068
(717) 582-8883
.
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SCOTT A. SHEARER
Plaintiff
v.
JOHN SOPENSKY PROPERTIES
Defendant
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IN THE COURT OF COMMON PLEAS
OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA
CUMBERLAND COUNTY
NO. 01-1I86 Civil Term
CIVIL ACTION- LAW
CERTIFICATE OF SERVICE
I, Barbara Wevodau, Esquire, hereby certifY that, on this date, a true and correct
copy of the foregoing Motion for Judgment on the Pleadings was served upon John
Sopensky Properties, Defendant in the above-captioned matter, by mailing a copy of said
Complaint from the New Bloomfield Post Office via first class mail postage prepaid to
the following address:
DATE:
John Sopensky Properties
105 East Main Street
Mechanicsburg, P A 17055
Barbara Wevodau, Esquire
Supreme Court J.D. No. 85673
P.O. Box 264
New Bloomfield, P A 17068
(717) 834-5554
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THE COURT OF COMMON PLEAS FOR THE 9TH JUDICIAL DISTRICT OF
PENNSYL VANIA, CUMBERLAND COUNTY
/
----------------------------------
....
No. 01-1186
Civil Action cLaw
~---------------------------------
SCOTT A. SHEARER,
Plaintiff
vs.
JOHN SOPENSKY PROPERTIES,
Defendant
DEFENDANT'S RESPONSE TO PLAINTIFF'S BRIEF
Defendant's Response to Plaintiff's Brief in Support of Motion for Judgment on the Pleadings
John Sopensky, pro se
John Sopensky Properties
105 East Main Street
Mechanicsburg, PA 17055
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BRIEF
I. This Court should allow this case to go to arbitration or go to trial insofar as
Defendant has complied with the Rules of Court and answered all of Plaintiff's points.
2. This is a denovo coUrt and any reference to another court are not germane.
3. The Plaintiff never completed the job, performed the work in an unsatisfactory
manner, and performed the job with the assistance of a salaried worker in the employ of the
Defendant. The Plaintiff refused any settlement acknowledging these issues.
4. By accepting compensation from the Defendant the Plaintiff forfeited his right to
collect the balance of the judgment.
5. The Defendant paid the Plaintiff the amount that he was willing to paVhe Defendant
subtracting for other issues in this case.
Respectfully submitted,
o~J0
l SopenskY, pro se
John Sopensky Properties
105 East Main Street
Mechanicsburg, P A 17055
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THE COURT OF COMMON PLEAS FOR THE 9TIl JUDICIAL DISTRICT OF
PENNSYLVANIA, CUMBERLAND COUNTY
No. 01-1186
Civil Action-Law
SCOTT A. SHEARER,
Plaintiff
v.
JOHN SOPENSKY PROPERTIES,
Defendant
BRIEF FOR PLAINTIFF
Briefin Support of Motion for Judgment on the Pleadings
Barbara 1. Wevodau, Esquire
Attorney for Appellant
Attorney J.D. 85673
P.O. Box 264
New Bloomfield, P A 17068
Telephone:(717) 582-8883
. ,
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TABLE OF CONTENTS
TABLE OF CONTENTS..
Page
..... 1
TABLE OF CITATIONS .................................................... .....2
STATEMENT OF JURISDICTION.................. ..................... .......3
STATEMENT OF QUESTIONS INVOLVED... ... ... ... ....................4
STATEMENT OF THE CASE... ............... ... ... ... ...... ... ... ...... ." .....5
CONCISE STATEMENT OF REASONS RELIED UPON... ... .............7
SUMMARY OF ARGUMENT..... ... ......... ... ............... ... ........ .....8
ARGUMENT........................................................................ .9
CONCLUSION... ... ... ... ." ... ... ... ... ... ... ... ... ... ... ... ... ... ... ......, ..... 13
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TABLE OF CITATIONS
CASES:
Styer v. Hug
422 Pa. Super. 262, 619 A2d 347(1993)..... ~~. ... .......... ..~ ... ... ... ..~ 11
Chesney v. Stevens
435 PaSuper. 71, 664 A.2d 1240(1994)
~............. .12
Schott v. Westinghouse Electric Corp.
436 Pa. Super. 71, 259 A2d 443(1969)..............
.... ~ 12
Huntingdon Finance Corp~ v. Newton Artesian Water Co.
442 Pa. Super. 406, 659 A2d 1052 (1995)~.. .~. ~~ ~. ~..............~.......13
Cole v. Lawrence
701 A2d 987 (Pa~ Super. 1997)...
. ~..............13
STATUTES:
PAR.C.P. 1029~ ~~~~.......~......~.........~~ ...~........................4, 9,10
PAR.C.P 1031...... .~..........................~.................. ~.....~..A,lO
PAR.C~P. 1006........ ..........~......... ...3
PAR.C.P~ 1030..~.... .................. ..~.....~ "'"'''''' ... ..... .~...' ...... ... .13
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STATEMENT OF JURISDICTION
This Honorable Court has jurisdiction of this matter pursuant to Sections 42
Pa.C.S.A. 1006 and Pa.R.A.P. 1006.
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STATEMENT OF OUESTIONS INVOLVED
1. Whether this Honorable Court should grant Plaintiffs Motion for Judgment on
the Pleadings and rule in Plaintiffs favor based on Defendant's failure to Answer
Plaintiffs Complaint in compliance with Pennsylvania Rules of Civil Procedure
1029.
II. Whether this Honorable Court should grant Plaintiff's Motion for Judgment on
the Pleadings and rule in Plaintiffs favor based on Defendant's Counterclaim that
fails to state a claim upon which relief can be granted pursuant to Pennsylvania
Rules of Civil Procedure 1031.
III. Whether this Honorable Court should grant Plaintiff's Motion for Judgment on
the Pleadings and rule in Plaintiffs favor based on the Doctrine of Estoppel.
IV. Whether this Honorable Court should grant Plaintiff's Motion for Judgement on
the Pleadings and rule in Plaintiffs favor based on the Equitable Doctrine of
Unjust Enrichment.
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STATEMENT OF THE CASE
This brief arises from Plaintiff's filing a Motion for Judgment on the Pleadings.
The Plaintiff, Mr. Scott A. Shearer is an adult individual in the business of contracting.
Defendant, Mr. John Sopensky is an adult individual d/b/a John Sopensky Properties.
On or about, September of2000, Plaintiff and Defendant entered into an oral contract in
which the Plaintiff would install replacement windows and siding on the Defendant's
rental property. Plaintiff had performed the service and completed the installation job for
the Defendant on or about November of2000. Upon completion of the installation job
for the Defendant, Plaintiff did not receive the agreed upon compensation for his services
rendered.
On or about December 15, 2000, Plaintiff filed an action against Defendant in
District Justice Gayle A. Elder's office. On January 31, 2001, after a hearing before the
District Justice, a judgment was entered in favor of the Plaintiff in the amount of
$3,260.50. On or about February 6, 2001, Plaintiff received correspondence from
Defendant and enclosed was a payment in the form of a check in the amount of eleven
hundred dollars. ($1,100.00). Then on or about February 17,2001, Plaintiff received
additional correspondence from Defendant enclosed with payment in the form of a check
in the amount offourteen hundred dollars. ($1,400.00). Defendant still owes an amont of
$760.50 the remaining balance on the judgment rendered in Plaintiff's favor on January
31,2001.
On March 1,2001, Defendant appealed the District Justice's judgment. On March
20,2001, Plaintiff filed a Complaint upon the Defendant for the balance of the judgment
rendered by the District Justice, costs, interest, lost wages and attorney fees. Plaintiff's
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counsel had received a phone call from Attorney J. Verney who stated that an Answer
and Counterclaim would be filed. On or about May 13, 2001, Plaintiffs counsel
contacted Attorney Verney's office to inquire on the status of the Answer. Attorney
Verney stated that she had been waiting on the 10- day notice to be filed. On May 14,
2001, Plaintiffs counsel filed a la-day notice upon Attorney Verney. Upon which
Defendant, acting pro-se, filed an Answer and Counterclaim on May 24, 2001. On June
1,2001, Plaintiff filed a Motion for Judgment on the Pleadings.
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CONCISE STATEMENT OF THE REASONS RELIED UPON
FOR JUDGMENT ON THE PLEADINGS
Plaintiff respectfully requests that this Honorable Court review the Motion for
Judgment on the Pleadings.
Plaintiff asserts that Defendant has failed to comply with the Pennsylvania
Rules of Civil Procedure in Answering Plaintiff's Complaint and for failing to state a
cause of action in the Counterclaim. Further, Defendant has tendered two substantial
payments on the judgment rendered by the District Justice to the Plaintiff. In so doing,
Defendant is estopped from raising issues as to the viability or amount of the judgment.
The Defendant has been also unjustly enriched by the Plaintiff's services upon which he
has not tendered payment in full.
For the reasons set forth above, Mr. Shearer respectfully requests that this Court
rule in his favor regarding the Motion for Judgment on the Pleadings and order the
Defendant to tender $760.50,the amount owed from the District Justice's judgment, costs,
interest, lost wages and attorney fees.
.,
SUMMARY OF ARGUMENT
1. This Honorable Court should rule in Plaintiffs favor regarding the Motion for
Judgment on the Pleadings because Defendant has failed to comply with the
Pennsylvania Rules of Civil Procedure regarding his Answer and Counterclaim.
II. Defendant has been unjustly emiched by the Plaintiff's services for which
Plaintiff has not been fully compensated.
III. Defendant is estopped from raising his claim due to his acknowledgment of the
District Justice's judgment and the tendering of two (2) substantial payments to
Plaintiff in satisfaction of said judgment.
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F,
ARGUMENT
WHETHER THE DEFENDANT HAS FAILED TO COMPLY WITH THE
PENNSYLVANIA RULES OF CIVIL PROCEDURE IN IDS ANSWER AND
COUNTERCLAIM.
Mr. Shearer filed a Complaint on March 20, 2001, in response to the Mr.
Sopensky's appeal from District Justice Elder's judgment on January 1, 2001. Plaintiff s
counsel had received a phone call from Attorney Jacqueline Verney regarding the
complaint filed upon the Defendant. Plaintiffs counsel was informed that an Answer and
Counterclaim would be filed in response to the Complaint. Upon which Plaintiffs
counsel awaited reply. On or about May 13, 2001, Plaintiffs counsel called Defendant's
attorney and inquired on the status of the Answer and Counterclaim. Plaintiffs counsel
was informed that the Answer and Counterclaim were awaiting the ten-day notice. Upon
which a ten-day notice was filed on May 14,2001. An Answer and Counterclaim was
filed on June I, 200 I.
Defendant's Answer fails to comply with Pennsylvania Rule of Civil Procedure
1029. Pursuant to Pa.R.C.P. 1029(a), "[a] responsive pleading shall admit or deny each
averment of fact in the preceding pleading or any part thereofto which it is responsive. .
. [a)dmissions and denials in a responsive pleading shall refer specifically to the
paragraph in which the averment admitted or denied is set forth." Further, pursuant to
Pa.R.C.P. 1029 (b), "[a]verments in a pleading to which a responsive pleading is
required are admitted when not denied specifically. . .".
Defendant's Answer fails to comply with Pa.R.C.P. 1029. The Answer provided
Plaintiff does not address or refer specifically to the paragraph in which the allegation is
alledged. (Answer, p.l). In fact, Defendant's Answer raises different averments not in
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correlation or response to Plaintiffs Complaint. (Answer, p. 1). In so doing, Defendant's
Answer fails to conform to the Rule 1029 of the PaRC.P.; therefore, in failing to address
each averment offact, the averments in Plaintiff's complaint are deemed admitted.
Defendant's Counterclaim fails to state a cause of action upon which relief can be
granted.
Pursuant to Pennsylvania Rules of Civil Procedure 1031 (a), "defendant may set
forth in the answer under the heading "Counterclaim" any cause of action heretofore
asserted in assumpsit or trespass which the defendant has against the plaintiff at the time
of filing the answer."
Defendant's Counterclaim has failed to state a cause of action upon which relief
can be granted. Defendant alleges a loss of good will, however, the rest of the
counterclaim consists of averments that request damages. (Counterclaim, p. I).
Defendant has not based these damages on a cause of action of the Plaintiff recognizable
in the Counterclaim.
TheryfQre, Defendant's counterclaim should be dismissed.
'A
:J~'.'
WHETHER THE DEFENDANT HAS BEEN UNJUSTLY ENRICHED BY THE
PLAINTIFF'S SERVICES
On or about September, 2000, Plaintiff and Defendant entered into an oral
contract in which the Plaintiff would install replacement windows and siding on the
Defendant's rental property. Plaintiff had completed the installation job for the
Defendant on or about November of2000. Upon completion of the installation job,
Plaintiff had not received compensation for his services rendered to the Defendant.
Plaintiff had to file a claim with the District Justice on December 15,2000. At the
hearing, no issues were raised by the Defendant in regards to the quality or quantity of
work tendered by the Plaintiff The District Justice rendered a three thousand two
hundred sixty dollars and fifty cent ($3,260.50) judgment in the Plaintiffs favor.
(Complaint, Exhibit "A").
Unjust enrichment is a principle by which "a person who has been unjustly
enriched at the expense of another is required to make restitution to the other."
Restatement, Restitution Section I. When one receives a benefit, the retention of which
would be inequitable, the law will impose a duty to pay compensation in order to prevent
unjust enrichment. Unjust enrichment is essentially an equitable doctrine. Styer v. Hug.
422 Pa. Super. 262, 619 A.2d 347 (1993). The application of this doctrine depends on
the facts and circumstances of the case at hand. The most important factor to consider in
applying this doctrine is whether the enrichment of the Defendant was unjust. Styer_
supra at 267,619 A.2d at 350.
Where unjust enrichment is found to exist, the law implies a contract. In so
doing, under quasi contract, the Defendant is required to pay the Plaintiff the value of the
"
benefit conferred. Chesney v. Stevens, 435 Pa. Super. 71, 644 A.2d 1240 (1994); Schott
v. Westinghouse Electric Corp., 436 Pa. 279, 290, 291,259 A.2d. 443, 449 (1969).
In this case, Defendant has received and accepted the Plaintiff's services of
installing replacement windows and siding on his rental buildings. The Plaintiff had
completed the installation job, on or about November of2000. Upon which, the Plaintiff
had to file a claim to receive any amount of compensation for his services rendered to the
Defendant. In fact, Defendant began tendering payment to Plaintiff for Plaintiff s
services. Defendant had paid two large payments on the Judgment granted the Plaintiff,
but has failed to fully compensate Plaintiff for his services rendered. In so doing, the
Defendant has been unjustly enriched by the Plaintiff's services.
'0
L~ "
~' ~~'
WHETHER THE DEFENDANT IS ESTOPPED FROM RAISING ISSUES
REGARDING TENDERINGPAYMENTFO.R PLAINTIFF'S SERVICES
On Januacy 3 1,200 I, ajudgment was entered in Plaintiffs Cavor in the amount oC
three thousand two hundred sixty dollars and fifty cents. ($3,260.50). Upon which on
February 6, 2001, Defendant sent Plaintiff correspondence with a check in the amount of
eleven hundred dollars. ($1,100.00) (Complaint, Exhibit "B"). Then on February] 7,
2001, Defendant sent Plaintiff additional correspondence with a check in the amount of
fourteen hundred dollars. ($1,400.00) (Complaint, Exhibit "C")
Under the Doctrine of Estoppel, also referred to as a bar or issue preclusion,
"precludes a person from fi.om denying the tmth of a fact that has, in contemplation of
law, become settled by the facts and proceedings of judicial or legislative officers, or by
the act of the party himself, either by conventional writing, or by representations,
expressed or implied.
Further, the courts have recognized that there can be no more clear and
unequivocal acknowledgment of the debt than payment. Huntingdon Finance Corp. v.
Newton Artesian Water Co, 442 Pa. Super. 406, 410, 659 A2d 1052, 1054 (1995); Cole
v. Lawrence, 701 A2d 987, 990 (Pa.Super. 1997). Also, under the Doctrine of Payment,
once one has tendered payment, it is viewed as an affirmative defense. P AR.CP. 1030.
In this situation, by his own actions, Defendant has acknowledged the amount
owed the Plaintiff foe his services rendered under the ora] contract Defendant has made
two substantial payments on the amount owed to Plaintiff (Complaint, Exhibit "B' and
Exhibit "e"). It was not until after Defendant tendered payments to Plaintiff did he file
the Notice of Appeal notably on the last day possible. No issue was raised at the District
'"
- <. '~
Justice regarding the services rendered by the Plaintiff to Defendant. Defendant by his
own actions unequivocally acknowledged the amount awarded Plaintiff in the judgment
Therefore, Defendant is estopped fi'om raising issues regarding the judgment
rendered Plaintiff. By and through Defendant's own actions of tendering payment,
Defendant has waived his right to contest the judgment. Further, under the Doctrine of
Payment, once Defendant has tendered payment, the Plaintiff now has an afftrmative
defense to the suit at hand.
CONCLUSION
For the reasons set forth above, Plaintiff requests that this Honorable Court award
Plaintiff the balance of his Judgment rendered by the District .Justice, costs, lost wages,
interest and Attorney fees.
Respectfully submitted,
Dated: July Q, 2001
/--------"
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\( P /(l Ie ) / v' c/0i.LUj{,.....
fBarbara L. Wevodau, Esq.
Attorney for tbe Appellant
Attorney l.D 85673
PO Box 264
New Bloomfield, P A 17068
Telephone (7] 7) 582-8883
"
.
~~
.
SCOTT A SHEARER
Plaintiff
IN THE COURT OF COMMON PLEAS
OF THE 9TH nIDICIAL DISTRICT
OF PENNSYLVANIA
v.
JOHN SOPENSKY PROPERTIES
CUMBERLAND COUNTY
NO. 01-1186 Civil Term
Defendant
CIVIL ACTION- LAW
PROOF OF SERVICE
I hereby certify that I am this date serving a copy of the Plaintiff s Brief in
support for Motion on Judgment on the Pleadings upon the persons and in the manner
indicated below, which service satisfies the requirements ofPa.R.AP. 12]:
Service by mailing first class, postage prepaid from the United States Post Office in New
Bloomfield, Pennsylvania, as follows:
John Sopensky Properties
c/o John Sopensky
105 East Main Street
Mechanicsburg, P A 17055
DATE: ~
Barbara L. Wevodau, Esquire
Supreme Court LD. No. 85673
P.O. Box 264
New Bloomfield, P A 17068
(717) 582-8883
><
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and sutmitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter far the next Argt:ment Court.
---------------------------------------------------------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
Scott A. Shearer
(Plaintiff)
vs.
John Sopensky Properties
( Defendant)
No. 01-1186 CivilAction
200 2001
1. State matter to be argued (Le., plaintiff's lIDtion for new trial, defendant's
demurrer to complaint, etc.):
Motion for Judgment on the Pleadings
2. Identify crnmsel who will argue case:
( a) far plaintiff:
~s: Barbara L. Wevodau, Esq.
P.O. Box 264
New Bloomfield, PA 17068
(b) for defendant:
~s: John Sopensky, Pro Se
,105 East Main Street
Mechanicsburg, PA 17055
3. I will notify all parties in writing within ~ days that this case has
been listed for argtmeIlt.
4. Argt:ment Court Date:
July 25, 2001
Dated: I? /j/ C57
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,./ 'l ({j~~l?Jti.@
. Attorney far Plaintiff
ff.:
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SCOTT A. SHEARER
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
JOHN SOPENSKY PROPERTIES : NO. 2001-1186 CNIL TERM
IN RE: PLAINTIFF'S MOTION FPR JUDGMENT ON THE PLEADINGS
BEFORE HESS. GUIDO. JJ.
ORDEIl OF COURT
AND NOW, this 30TH day of JULY, 2001, after argument, and by agreement of
the parties, Plaintiffs Motion for Judgment on the Pleadings is GRANTED. The amo.unt
of said judgment is $760.50.
John Sopensky, Pro Se
105 East Main Street
Mechanicsburg, Pa. 17055
Edward E. GUidO'b>-
l~~~
Barbara L. Wevodau, Esquire
P.O. Box 264
New Bloomfield, Pa. 17068
For the Plaintiff
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SCOTT A. SHEARER
Plaintiff
IN THE COURT OF COMMON PLEAS
OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA
v.
JOHN SOPENSKY PROPERTIES
CUMBERLAND COUNTY
NO. 01-1186 Civil Term
Defendant
CIVIL ACTION- LAW
PRAECIPE 1'0 SATISFY JUDGMENT
AND NOW, comes the Plaintiff, Scott A. Shearer, by and through his
Attorney, Barbara L. Wevodau, Esq., files the following Praecipe:
1. Judgment on the Pleadings in this matter was rendered on July 30,2001.
2. Plaintiff received payment of the above-mentioned judgment on or about
October 15, 2001.
Respectfully submitted:
//-J.-~ -()/
arbara Wevodau, Esquire
Supreme Court I.D. No. 85673
P.O. Box 264
New Bloomfield, PA 17068
(717) 582-8883
..
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SCOTT A. SHEARER
Plaintiff
IN THE COURT OF COMMON PLEAS
OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA
v.
JOHN SOPENSKY PROPERTIES
CUMBERLAND COUNTY
NO. 01-1186 Civil Term
Defendant
CIVIL ACTION- LAW
CERTIFICATE OF SERVICE
I, Barbara Wevodau, Esquire, hereby certify that, on this date, a true and correct
copy of the foregoing Praecipe to Satisty Judgment was served upon John Sopensky
Properties, Defendant in the above-captioned matter, by mailing a copy of said Complaint
from the New Bloomfield Post Office via first class mail postage prepaid to the following
address:
John Sopensky Properties
105 East Main Street
Mechanicsburg, PA 17055
DATE: Ir - '2& -0 I
Barbara Wevodau, Esquire
Supreme Court J.D. No. 85673
P.O. Box 264
New Bloomfield, P A 17068
(717) 834-5554
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Cumberland County Prothonotary's Office
Civil Case Inquiry
2001-01186 SHEARER SCOTT A (vs) SOPENSKY JOHN PROPERTIES
PYS510
~~.~
.'- .'
"""...._'~'~l?,
Page
1
Reference No. . :
Case Type.....: APPEAL - DJ
Judgment.. . . . . . .00
JVdge Assigned:
Dlsposed Desc. :
------------ Case Comments -------------
Filed. . . . . . . . :
Time......... :
Execution Date
Jury Trial. . . .
Disposed Date.
Higher Crt 1.:
Higher Crt 2.:
3/01/2001
1.1:02
0/00/0000
0/00/0000
*****************~**************************************************************
General Index Attorney Info
SHEARER SCOTT A
301 NEWPORT ROAD
DUNCANNON PA 17020
SOPENSKY JOHN PROPERTIES
105 EAST MAIN STREET
MECHANICSBURG PA 17055
PLAINTIFF
DEFENDANT
PRO SE
********************************************************************************
* Date Entries *
********************************************************************************
3/01/2001
3/01/2001
3/20/2001
5/14/2001
5/24/2001
6/01/2001
7/03/2001
7/19/2001
- - - - - - - - - - - - - FIRST ENTRY
APPEAL FROM DISTRICT JUSTICE JUDGMENT
-----~-------------------------------------------------------------
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
-----~-------------------------------------------------------------
COMPLAINT - BY BARBARA WEVADAU
-----~-------------------------------------------------------------
IMPORTANT NOTICE FILED
-----~-------------------------------------------------------------
ANSWER TO COMPLAINT - BY JOHN SOPENSKY PRO SE
---------------~---------------------------------------------------
PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS BY BARBARA WEVODAU
ESQ
-------------------------------------------------------------------
PRAECIPE FOR LISTING CASE FOR ARGUMENT - MOTION FOR JUDGMENT ON THE
PLEADINGS - BY BARBARA L WEVODAU ESQ FOR PLFF
-------------------------------------------------------------------
DEFENDANT'S RESPONSE TO PLAITIFF'S BRIEF - BY JOHN SOPENSKY PRO SE
- - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
********************************************************************************
* Escrow Information *
* Fees & Debits Beq Bal Pvmts/Adl End Bal *
*****************************************~******~*******************************
35.00
.25
5.00
5.00
.00
.00
.00
.00
------------
.00
APPEAL D.J.
TAX ON APPEAL
SETTLEMENT
JCP FEE
35.00
.25
5.00
5.00
45.25
45.25
********************************************************************************
* End of Case Information *
********************************************************************************