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Home My WebLink About01-04745COMNIONWEA[iN OF PENNSYLVANIA NOTICE OF APPEAL COUR7 OF COMMON PLEAS OF CUMBERLAND COUNTY, PA FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT COMMON PLEAS Nw ~/.~ L~/7i// / :... // 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 DisTrid Justice on the date and in the case mentioned below: JAMES C. HARRIS 8304 ROXBURY ROAD LURGAN, PA 1 07-12-01 DOROTHY FAHNESTOCK CV 15 LT 19 This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No If apphllant was CLAIMANT (See Pa. R.C.P.J.P. NO. 1008& This Notice of Appeal, when received by the District Justice, will operate as o 1001(6) In action before District Justice, he MUST SUPERSEDERS to the judgment for possession iri thi4 case FILE A COMPLAINT within twenty (20 J days after filing ,his NOTICE of APPEAL. Signature of Prothonotary or DeWty - 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.JP. No. 1001(7) in action before DisVicf Justice. 1F NOT USED, detach from cgoy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary PA 17257 Enter rule upon DOROTHY FAHNESTOCK of 4 WHITEHOUSE RD, , SHIPPENSBURGappellee(s), to file a complaint in-this appeal _ Name of appellees) (Common Pleas No. d~' y7~S ~ui.-t! ) within Twenty (20) d s after s tee of rule or of ntry of judgment of non pros ~~~~~ Signature of appellant or his attorney a agent DOROTHY FAHNESTOCK JOSEPH D, BUCKLEY, ESQUIRE (ID 4138444) RULE: To , appellee(s). 1237 HOLLX PIKE NameWaopellee(s) CARLISLE, PA 17013 (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) H-you do not fik: a complaint within this fime, a JUDGMENT OF MON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the dare of mailing. Dare: `~ X]i4L_2001 ~-'~CO Sign Protharo6YY or OePUtY NJPC 312-86 COURT FILE TO BE FILED WITH PROTHONOTARY .. ~ ~ .. PROOF OF SERVICE OF NOTICE QF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER tiling the notice of appeal. Check applicable boxes), COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: I hereby swear or affirm that I served ^ a copy of the Notice of Appeal; Gommpn Pleas N'd, _ ,upon the District Justice designated therein on (date of service) , 1~9-, ^ by personal service ^ by (certified) (registered) mail, sender's receipt attaehed hereto, and' upoathe appellee, (name) -_ , on _ -_, 19~Dby-.-personal service ^ by (certified) (registered) mail, sender's receipt attached hereto. ^ andfurtherthatlservedthe.RuletoFileaComplaintaccompanyingtheaboveNoticeofAppealuppntheappellee(s)dowhom the Rule was addressed on , 19~ ^ by personal service ^ by {certified) (registered) mail, sender's receipt attached hereto. .SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 19- Signature of o!/icial belore whom etlidavif was made Title of ot(icial My.commission,expires on ~ . 19~-• s a a ~~ ~ ~, W ( ~~ (-/~ _\ ~~ ~~ ~' a ~. v a Signature of a(tianr ~ ~' ~`~ t'Oµ, ~, ~ ~' ~ G? -! -- ~~ . ~ -i i ~ . t.. ' vx S4id $Re br'.du>'u ..eta. P:nnxllEpdRk° ~se1'4EC F.rgYS ~oT~'N ti' ./:.. •. ,.... n=e.:: ~, 0&/10/O1 12;06 FAX 717 532 5808 DJ 09-5-01 w COMMONWEALTH OF PENNSYLVANIA rnl IN'IV nF t~M813RI,A1~7D - 0~-3-01 aname: non. ]~&OT,D 8. BBNDSR ndarou: Bl TfAIJaIOT SdTTOM B.OAD P.O. ])dH 361 S13~CPP88TSStIRO, BA raenno~a: (7171 532-7676 17257-0361 JAMSS t:. 13AR.kIS 5304 RO$SURY Rn LDRGAN, PA 17232 r~oal NOTICE ® CIVIL CASE /TRANSCRIPT PLAINTIFF: N+s+S nntl AO~flE66 ~FA>~ss~dc.~. IDOItdTBY ~ 6 WSITBfSOUSB Rn SHIPPffiQSBt7BG, PA 17257 L -I VS. DEFENDANT: Nauezna nnnRE3S ~)aARRIS, JeA1S5 C ~ 8304 I2dRSt7RY HD LIIRGAN, PA 17232 L J DacketNo.: CV-0000123-O1 Date Filed: 6/18/01 THlS I5 Td NOTIFY YOU THAT: Judgment: ene nr arw,mTVV - ® Judgment was entered for: (Name} nxvxmn~nnnv mnmvv r ® Judgment was entered against: (Name) in the amount of $ on: Defendants are jointly and severally liable. Damages will be assessed on: This Hasa dismissed without prejudice. Amount of Judgment Subject to AttaahmenUACt 5 of t996 $ Levy is stayed for tlays or Q generally stayed. Objection to levy has been filed and hearing will beheld: Amount of Judgment Judgment Costs Interest an Judgment 1lttomey Fees Total Post,]udgment Credits Past Judgment Costs $ _I Certified Judgment Total Date: Place: Time: ANY PARTY HA5 THE RIGHT TO APPEAL WITHIN 3a DAYS AFTER THE ENTRY OF JUD®MENT 9Y FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON Pl EA5, CIVIL OIVI910N. YOU MU57 INCLUDE A COPY OF THI5yy NOTICE OF JUDGMENTITRANSCRIPi iaRM iMiM t'Dtist>I101~E1~. I certify that this is a true antl cforrect copy d th®rocord at the proa9edrr~s mntaisrg~ie`;asgfttenl.' :: _ ~`~/d'~ Date ~ ~ ,iJIi~1~J My commission expires first Monday of January, 2006 (Date of Judgment) ?r'7 2 /D~ (Date & Time) SAL AOPC 315-98 r. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY -PENNSYLVANIA Dorothy G FAHNESTOCK, CIVIL ACTION - LAW Plaintiff No. 2001 - 4745 v. James C HARRIS, Arbitration Defendant NOTICE TO PLEAD You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt 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 and 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 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 GET LEGAL HELP. Court Administrator 4`h Floor Cumberland Courity Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY -PENNSYLVANIA Dorothy G FAHNESTOCK, Plaintiff v. James C HARRIS, Defendant CIVIL ACTION - LAW No. 2001 - 4745 Arbitration COMPLAINT 1. Plaintiff is Dorothy G FAHNESTOCK, a sui juris individual who resides at 4 Whitehouse Road, Shippensburg, Pennsylvania. 2. Defendant is James C HARRIS, a sui juris individual who resides at &304 Roxbury Road, Lurgan, Pennsylvania. 3. Plaintiff is the owner of real estate located at 4 Whitehouse Road, Shippensburg, Southampton Township, Cumberland County, Pennsylvania. 4. Defendant is aself-employed carpenter. Page 1 of 4 5. On or about May 18, 2001, Defendant agreed to remove and replace a floor in the Jiving room of Plaintiff's residence, repair steps in rear of property, stretch carpet and remove and replace exterior door in front of property. 6. On ar about May 18, 2001, Defendant prepared an estimate to perform the work'and provide the materials necessary to complete the repairs set forth in Paragraph 4. A copy of said estimate is attached hereto as Exhibit "A". 7. The amount of the estimate-:vas 54,400.00. 8. Plaintiff paid to Defendant the sum of 52,200.00 on account of said estimate on or about May 18, 2001. 9. Defendant completed the repair and replacement of the floor in the living room in a two day period, on or about May 22, 2001, with the assistance of one helper. 10. Plaintiff believes and therefore avers that the Defendant expended Page 2 of 4 approximately $500.00 for materials to complete the living room floor repairs. 1 1. Defendant has failed and refused to complete the other items which he agreed to complete. 12. Defendant has failed and refused to provide Plaintiff with an itemized statement setting forth the labor and materials used to complete the job. 13. Plaintiff subsequently paid to Defendant the additional sum of $2,200.00 at the insistence of Defendant. 14. Plaintiff believes and avers that the sum of $4,400.00 is in excess of the actual cost of time and materials expended by Defendant in the performance of the repair and replacement of the living room floor. 15. Plaintiff believes and avers that the Defendant expended only $1,221,84 in labor and materials in the performance of the work completed. 16. Plaintiff believes and therefore avers that the amount Defendant received in excess of $1,221.84, the amount of $3,179.00, was not justified and Page 3 of 4 far in excess of any amount to which Defendant was entitled, and unjustly enriched the Defendant. WHEREFORE, Plaintiff prays your Honorable Court to enter judgment in her favor and against Defendant in the amount of $3,179.00, the amount by which Defendant has been unjustly enriched plus costs of suit and interest from May 22, 2001. Dorothy G Fahnestock 4 Whitehouse Road Shippensburg, Pennsylvania 717.532.9092 I verify that the statement made in the foregoing 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: ~~ .r ~ .z o a r a ~CfL4+'~*~7 .1 ~~°~ Dorothy G FAHNESTOCK Page 4 of 4 __ _. 1 r .~ i ^. .n ~\ n ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY -PENNSYLVANIA Dorothy G FAHNESTOCK, CIVIL ACTION - LAW Plaintiff No. 2001 - 4745 v. James C HARRIS, Arbitration Defendant CERTIFICATE OF SERVICE I, Dorothy G FAHNESTOCK, certify that I served a true and correct copy of the Complaint on Joseph D Buckley, Esquire, by delivering a copy to him at his office at 12377 Holly Pike, Carlisle, Pennsylvania, on August 27, 2001. ~~~y~~ Dorothy G f=ahnestock 4 Whitehouse Road Shippensburg, Pennsylvania 717.532.9092 , .. q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY -PENNSYLVANIA Dorothy G FAHNESTOCK, Plaintiff v. James C HARRIS, Defendant CIVIL ACTION - LAW No. 2001 - 4745 Arbitration PRAECIPE FOR JUDGMENT BY DEFAULT T0: Curtis R Long, Prothonotary ?~~~ \` ' ~ Please enter judgement by default against the Defendant, James C HARRIS, and in favor of the Plaintiff, Dorothy G FAHNESTOCK in the amount of $3,179.00, plus costs of suit, and interest to compute from 7-r..~. ~ 2~~.r The undersigned certifies that Notice of Intention to Enter Judgement by Default was given to Defendant, James C HARRIS, at his last known address by certified mail, return receipt requested postage prepaid on ~ - 3. see ~ A copy of said Notice is attached hereto in accordance with Pa R.C.P. 237.1. Date: /~ - ~ o -~ `~ ,~~-~..vy .y ~-~.,.~a..-~,L Dorothy Fahnestook 4 Whitehouse Road Shippensburg, Pennsylvania 717.532.9092 ~ ~RfJ ~`~=''7 uLI( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY -PENNSYLVANIA Dorothy G FAHNESTOCK, CIVIL ACTION - LAW Plaintiff No. 2001 - 4745 v. James C HARRIS, Defendant TO; James C HARRIS DATE: Arbitration IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE GOURT 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 YUU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A 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 GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 717.249.3166 800.990.9108 S ~ Dorothy G Fahnestock 4 Whitehouse Road Shippensburg, Pennsylvania 717.532.9092 o A ~ -~ ~ ~I A~ 1 7- J G n 7I" c'> c~ ~ .~_ i. - ~ -_ `~ !.r ;`~7 <._ _ ~ C ~~ Ev ...E ,7 P v S ~\ ^V" m ~ IUIt~iAN 1 32 ~ °~ ~„ ~=- ~ ~`_: 25 Q' Postage s $U.34 tsar 1 frt Certified Fee ~ `~ ~ 7 31.51 ~ d~ Return Receipt Fee rr1 (Endorsement Required) ~ \ mere ~~ ~ io.an b . /ti~ CI Restricted Delivery Fee , 7 ".~~ \ / 8 b p (Endorsement Required C' d ~ Total Poata6e & Faes $ 33.44 i lJl) m Lq rl ent To p Street, APL Na.; or,PO Box N~~o,,.,,,,`` ,Q ~ Clt St t ZIP 4 ~ y a e~ + ^ Comolete items 1, 2, and 3. Also complete ' ' A. Receive item ~ if Restricted Delivery is desired. ^ Print your name and address on the reverse C: Signatr so that we can return the card to you. ^ Attach this card to the back of the mailpiece, X U' or on the front if space permits. . 1. Article Ailtltessetl to: D. I tlefrv YES, ~~~r ~ S C ~~ r f! s ~3a~ iPoy 6uF y. Rd by {Please Print Clearly) Id. Date of Delive 1~ Agent Brent from dem 1? ^ Vas address below: ^ No L *tl[' q ~J ? / a , / 7 .? .3 ~ 3. Service type / ^ Certifietl Mail ^ Express Mail ^ Registered ^ Return Receipt for Memhandise ^ Insured Mail ^ C.D.D. 4. RestdctedlDelivery7 (Extra Fee) ^ Ves 2. Article Number (Copy from service label) 7C~t~ ~ ~.~~~3 5~~9 ~ PS Form 3811, July 1999 Domesiic Return Receipt foxsss-oo~tn-ossz f ~~ ~~ ~~~~~ ~~»~~ /Q!-F ~S `}~a 300/ ,. c,L ?~1,~ ~ J ~h d.. G'F sa,ti-, c t. ~/ T /~.~ ~ ~~ ~ ~ ~t~ tea- ~erar f) c~ - C= -- -. "f~ J. R9k," Z~ 1'•J ~ [_"; i ~ r ~ ,;._ f3°~ -C: ~Q~V V :, ~,. ,. ma^asn~aw~x:;'r€~Fr=ue~wm~arR-~ s ~.-,..,».. r,~ ~ .~.,- +.,ean ,e^[a a~„r.'r.. ~. .,. '~ ~'?.em?k?5$"P. ._ _' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Dorothy G. FAHNESTOCK, CIVIL ACTION -LAW Plaintiff v. No. 2001-4745 James C. HARRIS, Defendant ANSWER AND NOW on this day of December, 2001, comes Defendant, James C. Hams, by and through his attorney, Joseph D. Buckley, and answers Plaintiff's Complaint as follows: 1. Admitted. 4. Denied as stated. Defendant is aself-employed contractor. 5. Denied. Defendant agreed to perform those items as set forth in Plaintiff's exhibit "A" 6. Denied as stated. Defendant prepared an estimate for work he agreed to perform. 7. Admitted. 8. Admitted. 9. Admitted in part, denied in part. Defendant admits that the job was completed on May 22, 2001, but denies that the job took only atwo-day period. 10. Denied. Defendant spent approximately $600.00 for new supplies and utilized other supplies from his existing inventory. 11. Denied. Defendant has completed, obviously to Plaintiff's satisfaction, all the agreed upon items in his estimate with the Plaintiff. 12. Admitted in part, denied in part. Plaintiff and Defendant did not enter into a time and material contract, but a contract for a specific price. ,.:. _ 13. Denied. Plaintiff paid the amount owing Defendant because she was satisfied with the work performed. 14. Denied as stated. Plaintiff agreed to pay $4,400.00 for the performance of work to be completed. At no time was the work to be completed on time and material basis. 15. Defendant is unable to ascertain the beliefs or basis of such beliefs of Plaintiff and therefore demands specific proof thereof. 16. This averment is a legal conclusion to which no response is necessary. If the averment is determined to be factual, Defendant demands specific proof thereof. WHEREFORE, Defendant prays this Honorable Court enter a judgment in his favor dismissing Plaintiff's complaint. Respectfully Submitted: Joseph D. Buckley, E mre ' Attorney for the Def dant Attorney I.D. # 38444 Law Offices of Joseph D. Buckley 1237 Holly Pike Carlisle, PA 17013 (717)249-2448 CERTIFICATE OF SERVICE I, Joseph D. Buckley, of The Law Offices of Joseph D. Buckley, do hereby certify that I am serving a copy of the foregoing document on this date, upon the person and in the manner indicated below, which service satisfies the requirement of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class postage prepaid as follows: Dorothy G. Fahnestock 4 Whitehouse Road Shippensburg, PA 17527 Date: ~ Z~~ - D ~ o h D. Buc a ,Esquire VERIFICATION The undersigned, James C. Harris, hereby certifies that the statements made in the foregoing document are true and correct to the best of his knowledge, information and belief. It is understood that statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: ~S" D i 1 ames C. Hams r „gin. ~.,.~„~.~m,,,