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Home My WebLink About01-6135;OMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Cumberland County JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Ol' ~:~/...~' 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. I MAG. DIST. NO. OR NAME OF D.J. NAMEOFAPPELLANTDanie]. L. Harple 09-3-03 Day ADDRESS OF APPELLANT 685 Smithneck Road DATE OF JUDGMENT I IN THE CASE OF (pLAiNTIFF) 9/27/01 Tuckey Restoration, CLAIMNO. CV YEAR 0000233-01 LT YEAR CITY STATE ZIP CODE South Dartmouth MA 02748 (DEFENDANT) Dan Harple vs. ?f APPELLANT ~ATTO RN EY O~.~4~ This block will be signed ONLY when this notation is required under PA. 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. Roy C. Faz~o If appellant was Claimant (see PA R.C.P.J.P. 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) in action before Distric~ Justice. IF NOT USED, detach from copy o! not[ce of appeal to be served upon appellee. PRAEClPE: To Prothonotary Enter rule upon Tucke¥ Restoration, Inc. , appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ~)~ ' ~)J3-5" d'-;¢; I) within twenty (20) days after service (~6~e or suffer e~bf judgment of non pros. Roy C. Faz3.o RULE: To Tuckey Restoration, Inc. ,appellee(s) McNEES WALLACE & NURI~K LLC - Name or appellee(s) 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108 (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 comp ant within th s t me, a JUDGMENT OF NON PROo WILL BE ENTERED AGAINST YOU UPON PRAEClPE. (3) The date of service of this rule if service was by mail is the date of the maili~/~~ Date: ~J~ o~/__~ ,Year _~/ 7 ~-~tu~e~'~notary or Deputy White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Goid - D.J. Copy P~oth. - 76 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 COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served J'--~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 (certified) (rsgistered) 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 (cedified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF __ , YEAR My commission expires on C) C:, O 10/26/2001 11:38 FAX 7172575300 ~cNees Wallace & Nurlck ~002 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: C~[]M~J.M~D 0g-3-03 ~.3~ K. DAY ~": 229 ~ ~T~, ~ (717) 686-7672 17065 685 8t~Z'lq~NlaC]~ KQAD SOUI~ DA~t~Ou'r~, ~, 02748 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE 170 B~ ~. ~LB, PA 17013 685 ~~ ~ gvu'r~ ~~, ~ 02?48 Docket No,: CV- 0000233- 01 Date Filed: 8/15/01 THIS IS TO NOTIFY YOU THAT: [~-i Judgmentwasentemdtor: (Name) mm~rwv ~T~ T~ ~ Judgment wasentere~agal~: (Name) ~. ~ Jnthe amountof$ 4_ ~'/3 _';4 on: ~'-~ Defendants am jointly and severally liable. [] Damages will be assessed on: [~ This case dismissed wlthoul prejudice. [] Amount of Judgment Subject ~o Attachment/ACt5 of 1996 $. [] Levy is stayed for days or [] generally stayed. [] Objection to levy has been Iliad and hearing will be held: (Data of Judgment) (Data & 'l-Jme} Amount of Judgment $--~ Judgment Costs $,_ t01.50 Interest on Judgment $ ,. Q0 Attorney Fees $_ . O0 Post Ju,lgmen't Creclits Post Judgment Costs P.,erllOed Judgment Total $ $ _ i ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS APTEfl THE ENTRY OF JUDGMENT BY FILING A NOTICE (OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU ~' ~7-~/ Date ',.~ k~' / ~ , DIstr~ct Justice Il ~ertffy that this is a tt'us ~d correct ~opy of the mco~ of th~prcoeerlings containing the judgment. Date , District Justice My commission expires flint Monday of January, 2 004 SEAL AOpC 315-99 O~te: Place: Time: PROOF OF ~ERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST I~E FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check apph, ~:~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF Dauphin ; ss AFFIDAVIT: I hereby swear or affirm that I served [] a copy of the Notice of Appeal, Common Pleas No 2 0 01- 0 613 5 , upon the District Justice de!,~ :,, in on (date of service) October 29 ,year__2001 , r"] by personal service r'~by(certified){Ife~/~)r ,~,; der's receipt attached hereto, ,and upon the appellee, (name Tuc]~e.~; Re s toration, T nc. __ , on October 12 9 , year ___~ 0 01 , [] by personal sen/ice [] by (certified) (r~ffil~ll~ mail, sender's receipt at~actl(: r (,~reto, ~--~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 October 29 ,year_2001 , [~]bypersonalservicer~]by(cedihed)~ mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 29th 'DAY oFOCtob/~r,YEAR 2001 Notary Public My commission expires on'2/16 , year 03 LAW OFFICE OF MICHAEL J. HANFT ATTORNEYS & COUNSELLOI~S AT LAW 19 BROOKWOOD AVENUE SUITI 106 CARLISLE, PA 17013-9142 717.249.5373 FAX 717.249.0457 WWW. HANFTLAWFIRM,COM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TUCKEY RESTORATION, INC., Plaintiff DAN HARPLE, Defendant No. 01-6135 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 judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualguier quej a o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LAW OFFICE OF MICHAEL J. HANFT Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 -9142 (717) 249-5373 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TUCKEY RESTORATION, INC., Plaintiff DAN HARPLE, Defendant No. 01-6135 Civil Action - Law COMPLAINT AND NOW, this 29~ day of November, 2001, comes Plaintiff, Tuckey Restoration, Inc., by and through its attorneys, Law Office of Michael J. Hanft, and files the following Complaint, and in support thereof avers as follows: 1 Plaintiff, Tuckey Restoration, Inc., is a Pennsylvania corporation with its principal · place of business at 170 Stover Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant Dan Harple is an adult individual residing at 685 Smithneck Road, South Dartmouth, Massachusetts. 3 At all times relevant hereto, Defendant was the owner of the property known as 1 Hall Drive, Grantham, Pennsylvania. herein. COUNT I: BREACH OF CONTRACT Paragraphs 1 through 3 above are incorporated by reference as if fully set forth 5. On or about October 21, 2000, Defendant contracted with Plaintiff for Plaintiffto perform emergency water damage repair to Plaintiff's property at 1 Hall Drive, Grantham, Pennsylvania. A copy of an October 21, 2000 Work Authorization and Direct Payment Request is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. 6. At all times relevant thereto, Plaintiffperformed all emergency water damage repair in a professional workmanlike manner. 7. At all times relevant hereto, Defendant accepted Plaintiff's work performed pursuant to the Work Authorization and Direct Payment Request. 7. On or about January 15, 2001, Plaintiff invoiced Defendant for the final billing in the amount of Four Thousand Two Hundred Eighty-Six and 30/100 Dollars ($4,286.30) for the water damage repair performed by Plaintiff at 1 Hall Drive, Grantham, Pennsylvania. A copy of Plaintiff's invoice no. 3831 is attached hereto as Exhibit "B" and by reference incorporated herein and made a part hereof. 8. The Work Authorization and Direct Payment Request, attached hereto as Exhibit "A," provides, inter alia, that "... a finance charge of 1.5% per month (minimum of $2.00) will be applied to any unpaid balance after ten (10) days." 9. The Work Authorization and Direct Payment Request, attached hereto as Exhibit "A," provides, inter alia, that "Tuckey Restoration, Inc. shall be entitled to recover the costs of collection including reasonable attorney's fees." 10. Defendant has refused to pay Plaintiff for invoice no. 3831 even though Plaintiff performed said services in a professional workmanlike manner and Defendant accepted said work. WHEREFORE, Plaintiff respectfully requests that this Honorable Court find in favor of Plaintiff, Tuckey Restoration, Inc. and against Dan Harple in the mount of Four Thousand Two Hundred Eighty-Six and 30/100 Dollars ($4,286.30) plus interest at the rate of 1.5% per month fi.om January 25, 2001, plus costs of collection including attorney's fees. COUNT II: QUANTUM MERUIT In the alternative, Plaintiff pleads the following cause of action: 12. Paragraphs 1 through 11 of Count I are hereby incorporated by reference as though fully set forth herein. 13. The charges and fees charged by Plaintiff for the water damage repair performed by Plaintiff at 1 Hall Drive, Grantham, Pennsylvania are just and reasonable and are comparable to charges and fees charged by other companies of similar quality and reputation and for similar work and services. 14. Defendant accepted, and benefitted from, the water damage repair performed by Plaintiff at 1 Hall Drive, Grantham, Pennsylvania as described in Count I above. 15. Despite Plaintiff's proper completion of the work contracted for, and repeated demands by Plaintiff for payment from Defendant, Plaintiff has not been paid in full. WHEREFORE, Plaintiff respectfully requests that this Honorable Court find in favor of Plaintiff, Tuckey Restoration, Inc. and against Dan Harple in the amount of Four Thousand Two Hundred Eighty-Six and 30/100 Dollars ($4,286.30) plus interest at the rate of 1.5% per month from January 25, 2001, plus costs of collection including attorney's fees. Respectfully submitted, LAW OFFICE OF MICHAEL J. HANFT ~Michael J. I-I~, E~ Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. This Verification is made by Plaintiff's counsel based upon information provided by Plaintiff to Plaintiff's counsel regarding the factual averments contained herein. 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. CERTIFICATE OF SERVICE AND NOW, this 29th day of November, 2001, I, Michael J. Hanf~, Esquire, hereby certify that I have this day served the following persons with a copy of the foregoing document, by first class, United States Mail, postage pre-paid, addressed as follows: Roy C. Fazio, Esquire McNEES WALLACE & NURICK, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 LAW OFFICE OF MICHAEL J. HANFT Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Exhibit A T~CKEY EXECUTIVE OFFICE 717(~--~49 2'266 p.S Restoration, 'C' at t~e property located at [ [] Deodorization [] Restore Power [] Dumpster [] Water Extraction [] Dry Cleaning Providing the Customer has valid effective insurance coverage for all or part of the services to be performed by Tuckey Restoration, Inc., the Customer further authorizes and directs their insurance carrier to pay Tuckey Restoration, Inc. direct, and to name Tucksy Restoration, Inn. on any and all insurance drafts applicable to this loss. Tuckey Restoration, Inc. shall bill all charges and/or costs direct to the Insurance Company and, as a courtesy only, a copy of these invoices shall be mailed to the Customer. It is fully understood and agreed to by the Customer that any and all charges are due upon completion of work. It is fully understood that the Customer is personally responsible for any and all deductible, depreciation or any charges or costs not covered by insurance. Any and all charges for services not reimbursed by an insurance cartier are the sole responsibility of the Customer and are to be paid upon completion of work. Any exceptions must be approved by Tuckey restoration, Inc.'s General Manager, and a finance charge of 1.5% per month (minimum of $2.00) will be applied to any unpaid balance after ten (10) days. The liability of Tuckey Restoration, Inc. is expressly limited to the total amount of the services authorized herein and in no event shall Tucksy Restoration, Inc., its agents or assigns, be liable for consequential damages of any kind. In the event any legal proceedings must be instituted to recover the amount due, Tuckey Restoration, Inc. shall be entitled to recover the cost of collection including reasonable attorney's fees. The deductible amount of $ will be due and payable to Tuckey Restoration, Inc. at the time of the signing of Ihis authorization. EXECUTED AT. Y'cq~L ..... ~:~. , on the day and year first above written. T UC KE~"~.ESTO_..RATIO N, INC. Title: ggI'R,M,a,$ .TE R,W~/,Aull~izalia~,Direc~ wmenlReClUaat .n 120.dee CountyAuthorized Signature: /~ ! (In,s~t~gtin~ Agent) Title: c;~, ~j Policy / Claim #: Our File #: Customer - Yellow Copy Job File - White Project Manager - Pink Copy [] Pack Out [] Storage [] Winterize [] Clean Ductwork [] Electronics [] Cleaning Contents DBoard Up / Secure Building et and Monitor Drying Equipment emolition I Debris Removal [] Inventory Content / Discard .-'" Work Authorization and Direct Pavmgnt Request · This authorization made this '~ ~ day of Oc.L.k..., , "H;'Z¢oc. by and between Tuckey Restoration, Inc., and ~Jl... ~L.,.,~.. , hereinafter referred to as the Customer, to procaed with its recommended procedures to prese~e, prote~t and ~cure Imm further damage, those being: Exhibit B TO M.a~ 30 Ol 08:03a T~KEY EXECUTIVE OFFICE I~,~TORATION, INC. P.O. 6ox 9 12 Stove~' DSs C~ide, PA 17013 (717) 249-7052 683 ~=ithaeck Koad South Daccaouth, Nasaachusetts 02748 ~RMS: ~ec 10 days 71'7(,.~4 -q PTRS INVOICE ~.~- 3831 p.4 January 15, 2001 ltarpte 00-2206-f.: QUANTITY DESCRIPTION PRICE AMOUNT Final billing fo~ the t~ater damage ~ork performed ac { Hall arive, Grantham, PA as per our work authorizati(u Final Billing Total Due $4,286,30 THANK YOU