HomeMy WebLinkAbout04-1417
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. OL./-J'i11 C', vi I
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 referenced below.
NAM~F APPELLANT . _ . .r.,_~
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ADO"E~S q.~ AI;'PELLANT.. ,_ ,,,,,! _'
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DATE OF HGMENT t IIN THE CASE. O. F {Plain/iff}
( #) .' I ~ ' (' '( If?:') ; t 11-/
DOCKET No.
I MAG. 0151. NO.
CITY .
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I NAME OF D.J.
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STATE
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(~' (Defendant)
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SIGNATURE OF APPELLANT OR 4TTORNEY ORf'GE
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If appellant was Claimant (see aRC P 0 J No. 1001(6) in action
ZIP CODE
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This block will be signed ONLY when this notation is required under Pa
R.C.P.D.J. 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.
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONL Y when appellant was DEFENDANT (see PaR.CP.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
(Common Pleas No,
E-o q< r:ameofapf,bsF (e.JJ-
OL/-/LfI7 bAril
appellee(s). to file a complaint in this appeal
Enter rule upon
RULE: To
Poq~a~ppallee(S) kh.s (cA. f-, appellee(s)
) within twenty (20) days after service of rule or ~ of Judgment of non pros
~ ,s!gnatulaofa'
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service
of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time. a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date:~ ...~ .20oy
f!~
onotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTtTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312.02
COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
of service MUST BE
WITHiN TEN (fO) DA YS AFTER
anD!.'.'c';
COMMONWEALTH OF PENNSYL
COUNTY OF
;'1
AFFIDAVIT;
that i :~;(,rvDd
in
copy
Notice of
Common f.:lleas No
. ','''--
Dlstnct ,Justice ~jgnatnH1ere~~_,
(dale at service)
2G
Ly persona! serVice
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ijY \ceni~d) V8glst~ed) rr~l~~
hereto,
appellee, fnarnffi
ny personal s(~rViCe
--.,
by {certlfIB()) (reg$tere~'laiL-
(Swm<N)
THIS
AND SUOS(;F~i8ED
DAY OF
'>;niilli!c ()!'afhJ'
Signature of officin! before whom affidavit was made
Titieofofficia!
My comrnission expires
20
AOPC 312A
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-3-02
NOTICE OF JUDGMENTITRANSCRIPT
PLAINTIFF: CIVIL CAN~M~"d ADDRESS
'HOSFELT, ROGER .,
112 BIG POND RD
SHIPPENSBURG, PA 17257
L ~
Mag. Dist No
OJ Name: HOIl
HELEN B. SHULENBERGER
Add'''' P.O. BOX 155
27 W. BIG SPRING AVENUE
NEWVILLE, PA
T"'pho", (717) 776-3187 17241
VS.
ZACK PAGEL
1694 WALNUT BOTTOM R
NEWVILLE, PA 17241
DEFENDANT: NAME and ADDRESS
!PAGEL, ZACK
1694 'WALNUT BOTTOM R
NEWVILLE, PA 17241
L
.,
Docket No,: CV- 0000001. 04
Date Filed: 1/02/04
~
1&
THIS IS TO NOTIFY YOU THAT:
Judgment:
FOR pT.l\.TNTIFF
[iJ
~
Judgment was entered for:
(Name)
HO!'lll'Rf.'l', ROr.RR
Judgment was entered against: (Name)
Pl\.GRL, ?:l\.CK
in the amount of $
?, 1 "1"1. "1 on:
(Date of Judgment)
"I/1ll/04
D Defendants are jointly and severally liable.
D Damages will be assessed on:
D This case dismissed without prejudice.
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
$ 2,019.01
$ 114.50
$ .00
$ .00
$ 2,133.51
D Amount of Judgment Subject to
Attachment/42 Pa.C.S. ~ 8127 $
o Portion of Judgment for physical
damages arising out of residential
lease $
Post Judgment Credits $
Post Judgment Costs $
------------
------------
Certified Judgment Total $
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.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER
ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
:3-/8-ocfDate .~.6 ~,~
, 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, 2006
SEAL
AOPC 315-03
DATE PRINTED:
"1/1 R/n4
"1."1"1.1'2 PM
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. GOM~JONWEAL TH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dlsl. No.:
09-3-02
Ol./- /41"1 G.v:/ 7"e.v",
COMMON PLEAS NOTIFICATION
PLAINTIFF.. REQUEST FORM
NAME and ADDRESS
Ili:OSFE]~T, ROGER
112 BIG POND RD
SHIPPlImSBURG, PA 17257
L
VS.
OJ Name: Hon.
HELEN B. SHULENBERGER
Add,.". P.O. BOX 155
27 W. BIG SPRING AVENUE
NEWVILLE, PA
T.'.pMo" (717) 776 - 3187 17241
DEFENDAI~T: NAME.M ADDRESS
'PAGEL, ZACK
1694 lifALNUT BOTTOM R
NEWVI:LLE, PA 17241
L
Docket No.: cv- 0000001- 04
Date Filod: 1/02/04
-~-
~
HELEN B. SHULENBERGER
P.O. BOX 155
27 W. BIG SPRING AVENUE
NEWVILLE, PA 17241
DispO!lition Date: 3/18/04
Please be advised thai an appeal has been filed in the above captioned case. Kindly use this form to indicate the
results in this case, and return to the issuing authority (listed above).
RESULT OF APPEAL Common Pleas Jud~le
CIVIL-LANDLORDITENANT APPEAL
APPEAL STRICKEN - appeal has been disallowed.
APPEAL DISCONTINUED - appeal has been discontinued by appellant.
DISTRICT JUSTICE DECISION UPHELD - court has reached thl3 same decision as the district justice judgment.
DISTRICT JUSTICE DECISION DISMISSED - court has reached a decision that does not concur with the district
justice decision.
WRIT OF CERTIORARI
WRIT STRICKEN - appeal has been disallowed.
WRIT DISCONTINUED - writ has been discontinued by appellant.
DISTRICT JUSTICE DECISION SET ASIDE -the case will be reheard due to irregularity, lack of jurisdiction, or
improper venue.
WRIT DISMISSED - district justice decision was not found to be flawed, lacking jurisdiction, or having improper
venue.
STATEMENT OF OBJECTION (Please give a general summary of the Iresults)
OBJECTION DISCONTINUED - objection has been discontinued by the appellant.
OBJECTION DENIED - objection has been denied by the Court of Common Pleas.
OBJECTION UPHELD - appellant's objection has been upheld by the Court of Common Pleas.
AOPC 7298-98
DATE PRINTED: 4/07/04
1:50:05 PM
, COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
OJ Name: Hon.
09-3-02
_ CIVIL COMPLAIN~), '6
PLAINTII-F: NAME "d ADDRESS l 0 \ 3
r ~'l~e U~4// }:!-k
//~l ;5'7 lJ../ /fd
L 5'/",//(>'';51,.,-,,/ /:1. /7.2 Y 7
VS.
.,
Mag. Dis!. No.:
HELEN B. SHULENBERGER
Add,,,,, P.O. BOX 155
27 W. BIG SPRING AVENuE
NEWvILLE, PA 17241
T"'phO"", (717) 776-3187
DEFENDANT: NAME and ADDRESS
r 2",~ l'-1ll If' /
/67"V W'#/AluJi
L Nt"Wv, 4 /~4
Docket No.: C 11-1- d 'I
Date FilEld: 1/2../0 Y
-.1
l3r~,., ;e d.
/ ?,;2yr'
.,
AMOUNT DATE PAID
FILING COSTS $ / /
POSTAGE $ / /
SERVICE COSTS $ / /
CONSTABLE ED, $ / /
TOTAL $ 1/'/. <;"0 I /2- /0'-/
-.1
.
TO THE DEFENDANT: The above named plaintilt(s) asks jUdgment against you for $ '5//,g-~t:7 / together with
costs upon the following claim (Civil fines must include citation of the statute or ordinance
violated) :
/} . -r;j ON H;[/71 ,h6ne
K(?rnt'.tI& I /'10
9-/5=0)'
Plaintiff's
Attorney:
I, verify that the facts set forth in this complaint are true and
correct to the best of my knowledge, information, and belief. This statement i~1 made subject to the penaities of
Section 4904 of the Crimes COde (18 PA. C.S. ~ 4904) related to unsworn falsification to authorities.
.,
-r'"'~..^'.~~^..~
Address:
Telephone:
IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD SO NOTIFY THIS OFFICE IMMEDIA TEl Y
AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEAfllNG AND PRESENT YOUR DEFENSE.
UNLESS YOU DO, JUDGMENT MAYBE ENTERED AGAINST YOU BY DEFA,UL T.
If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend
to assert at the hearing, you must file it on a complaint form at this oltice at least five days before
the date set for the hearing.
If you are disabled and require a reasonable accommodation to gain access to the Magisterial District
Court and its services, please contact the Magisterial District Court !Itthe above address or
telephone number. We are unable to provide transportation.
AOPC 308A-02
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF CIVIL CASE
NAME and ADDRESS
'HOSFE:LT, ROGER I
112 BIG POND RD
SHIPPlmSBURGI PA 17257
L ~
. COMi')IONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag_ Dist. No.
09-3-02
OJ Name: Hon
HELEN B. SHULENBERGER
Add"" P.O. BOX 155
27 W. BIG SPRING AVENUE
NEWVILLE, PA
T"'phoo, (717) 776-3187 17241
VS.
DEFENDANT: NAME and ADDRESS
/PAGEL., ZACK
1694 jJALNUT BOTTOM R
NEWVIl,LEI PA 17241
L
HELEN B. SHULENBERGER
P.O. BOX 155
27 W. BIG SPRING AVENUE
NEWVILLE, PA 17241
I
Docket No.: CV- 0000001- 04
Date Filed: 1/02/04
~
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~
THIS IS TO NOTIFY YOU THAT:
Judgment:
FOR PI.A TNTTFF
~
~
Judgment was entered for:
(Name)
R'n!'l1>Rr.or Rnr-RR
Judgment was entered against: (Name)
p...aRT. 7....~R:
in the amount of $
2 III "1 on:
(Date of .Judgment)
l/lR/04
.
D Defendants are jointly and severally liable.
D Damages will be assessed on:
D This case dismissed without prejudice.
(Date & Time)
Amount of Judgment $ 2,019.01
,Iudgment Costs $ 114.50
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 2.133.51
F'ost Judgment Credits $
Post Judgment Costs $
------------
------------
Certified Judgment Total $
D Amount of Judgment Subject to
Attachment/42 Pa.C.S. S 8127 $
o Portion of Judgment for physical
damages arising out of residential
lease $
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 JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER
ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONI: INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
3-1 8-o-t 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, 2006
SEAL
AOPC 315-03
DATE PRINTED:
3/18/04
3:33:12 PM
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RUL.E TO FILE COMPLAINT
(This proof of selVlce MUST BE FILED WITHIN TEN (10) DA YS AFTER filing of the noliee of appeat. Check applicable boxos.)
Return Reclept Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
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COMMONWEAL}1 OF PFfNNSYLVAN,IA
COUNTY OF L,()/YltJJRJJa-1<tV, ; 5S
AFFIDAVIT: I hereby (swear) (afflnn) that I served
o a copy of the Notice of Appeal. Common Pleas No. oLf - (l/" 1;on the District Justice ttJefrJ;in on
(date of service)ttpn....lmT ,200'1' ~ by personal service 0 by (certifiBd) (registered) rnaii
senderA;:~ Jttache1here:~ a;d ::/n t~ a::e~~r:o~~:::VIC" ~ ~trtered) mall. ' on
sende(s receipt attached hereto. _~~z.".~. ,,'" '"
Siqnblurt.J of Dt!if!{;!
Title of official
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Aope 312A, 02
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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMeNT
COMMON PLEAS No. (YI-)Lf)1 c',.i J
NOTICE OF APPEAL
Notice is given that the appellant has tiled in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on
the date and in the case referenced below.
IGNATURE OF APPELLANT OR
&, 5~IAIe+tbr
STATE
ej..-
tMA II~
-&V
ZIP COOE
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(""It I )
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J, No. 1008B.
This Notice of J\ppeal, when received by the District Justice, will operate as ,a
SUPERSEDEAS to the judgment for possession in this case.
If appellant was Claimant
R.C.P.D.J. No. 1001(6) in action
I
bafore a District Justica, A GOMPLAINT MUST BE FILED wIthin /wanty
(20) days aftar filing the NOTICE of APPEAL.
Signature of Prothonotary or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONL Y when appel/ant was DEFENDANT (see Pa.R.CP.D.J. No. 1001(7) in action before District Justice. IF
NOT USED, detach from copy of notice of appeal to be served upon appel/ee.
PRAECIPE: To Prothonotary
120 q-t YNBmBOfBPp't.F kt+
appellee(s), to file a complaint in this appeal
Enter rule upon
(Comm'~'n Pleas No. 0 t/ - / I.fl~ ) within twenty (20) days after service of ~ule or suffer en of judgment of non pros.
I
~c V I-h~ r, appellee(s)
ame of appel/ee(s)
RULE: To
(1) You are. notified that,~ 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 uP'2nyou by p~~on~l:s~rvice or by certified or registered mall.
~;":". \ .'. ""'';fi' ,'..
(2) If YOl1"dO not file a compfalflt within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU,
.~',." ,
(3)jTh'e date of service of this. rule if service was by mail is the date of the mailing.
Date:AhJ. .. tJi'5~ .200'1
W:~---'---:~\'~-;;'--''',----------------
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YOU '~~tl~LlJD!;,~ COr-YOF THE NOTICE OF JUDGMENTlTRANSCRIPT FORM WITH nus NOTICE OF APPEAL.
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onotsry or Deputy
AOPC 312-02
COURT FILE
ROGER HOSFEL T,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-1417 CIVIL TERM
R. ZACK PAGEL,
Defendant
NOTICI;,
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take ac:tion 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 dElfenses 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 of 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
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
ROGER HOSFELT,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-1417 CrVIL TERM
R. ZACK PAGEL,
Defendant
COMPLAINT
1. The Plaintiff, Roger Hosfelt, is an adult individual with a current address of 112
Big Pond Road, Shippensburg, Cumberland County, Pennsylvania 17257.
2. The Defendant, Zack Pagel, is an adult individual with a last known address of
1694 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania 17241.
3. On or about July 1, 2003 the Plaintiff, Roger Hosfelt, being in the home
construction and remodeling business, did enter into an oral agreement with the
Defendant to provide certain renovations to the Defendant's home at 1694 Walnut
Bottom Road, Newville, PA.
4. Pursuant to the oral agreement Plaintiff did commence work and did purchase
materials at the request of the Defendant to complete said renovations.
5. At the conclusion of the work the Plaintiff did provide a statement to the
Defendant outlining the cost of labor, materials, as well as clean up as orally agreed
to by the parties.
6. The Plaintiff did provide said statement, attached hereto and marked Exhibit A, to
the Defendant on or about September 15, 200:3 indicating at total amount due of
$4,184.00.
7. The Defendant despite repeated demand and despite having enjoyed the
benefits of the labor and materials provided by the Plaintiff, has willfully failed to pay
the amount due in full.
8. The Defendant has, as of the date of his Complaint, only paid the sum of
$1,665.00 to the Plaintiff leaving a current balance due of $2,519.00.
9. The Plaintiff is entitled to a service charge of one and a half (1/2%) percent
per month on the unpaid balance from October 15, 2003 until the amount is paid in
full.
Wherefore, for all the above reasons, Plaintiff, Roger Hosfelt, hereby demands the
sum of $2,519.00 as payment due in full on the contract plus interest at the rate of 18%
per year computed from October 15, 2003 on the above sum until paid in full plus costs
of this action.
t( /;tfky
R' ,ctfu(7
on Turo, Esquire
Turo Law Offices
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Date
ROGER HOSFEL T,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-1417 CIVIL TERM
R. ZACK PAGEL,
Defendant
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Complaint upon R.
Zach Pagel, by depositing same in the United States Mail, first class, postage pre-paid
on the / Y day of -4 J-"- / , 2004, from Carlisle, Pennsylvania, addressed
as follows:
R. Zack PagE11
1694 Walnut Bottom Road
Newville, PA 17241
Turc, squi
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
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F:\User Folder\Finn Docs\Gendocs200413590-lanswer.wpd
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ROGER HOSFELT,
Plaintiff
No. 04.1417
Civil Action - Law
v.
R. ZACK PAGEL,
Defendant
ANSWER WITH NEW MATTER AND COUNTERCLAIM
AND NOW, this 25th day of May, 2004, comes the Defendant, R. Zach Pagel, by and
through his attorneys, Hanft & Knight, P .C., and files the following Answer with New Matter and
Counterclaim and in support thereof, aver as follows:
1. Denied as stated. Defendant lacks information as to the truth of the averments of
Paragraph I, therefore same are specifically denied. Strict proofthereof is demanded at trial.
2. Denied as stated. Defendant's name is incorrect as stated in the Complaint;
Defendant's name is R. Zach Pagel.
3. Admitted in part, denied in part. It is admitted that on or about July I, 2003, Plaintiff
and Defendant entered into an oral agreement wherein Plaintiff would provide certain renovations
to Defendant's home at 1694 Walnut Bottom Road, Newville, Pennsylvania. The remaining
averments of Paragraph 3 are specifically denied. Strict proof thereof is requested at trial.
4. Denied as stated. Strict proof thereof is demanded at trial.
5. Denied as stated. It is specifically that Plaintiff provided Defendant with a statement
outlining the costs of labor, materials, as well as cleanup as "orally agreed to by the parties". It is
specifically denied that said statement was "as orally agreed by the parties". Strict proof thereof is
demanded at trial.
6. Denied as stated. It is specifically denied that the Defendant owes the Plaintiffthe
amounts listed in the Statement attached to the Complaint as Exhibit "A". Moreover, no Exhibit "A'
was attached to the Complaint.
7. Admitted in part, denied in part. It is admitted that Plaintiff has demanded monies
from Defendant. It is specifically denied that said monies are owed to Defendant. As such the
averments of Paragraph 7 are specifically denied and strict proof thereof is demanded at trial.
8. Admitted in part, denied in part. It is admitted that Defendant has paid $1,665.00 to
Plaintiff. It is specifically denied that the current balance is due to Plaintiffby Defendant. Therefore
the same is specifically denied. Strict proof thereof is demanded at trial.
9. Denied. It is specifically denied that Plaintiff is entitled to any service charge. The
oral contract between the clients did not have any such arrangement. As such the averments of
Paragraph 9 are specifically denied. Strict proofthereof is demanded at trial.
WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment
in his favor and against Plaintiff.
NEW MATTER AND COUNTERCLAIM
10. The averments of Paragraphs I through 9 above are: hereby incorporated by reference
as if more fully set forth herein.
11. The oral contract between the Plaintiff and the De:fendant which was made on June
21,2004, provides that the total cost of the renovations to be done by Plaintiff were not to exceed
Three Thousand Five Hundred Dollars ($3,500.00).
12. The remodeling included work to the kitchen, work to the downstairs bathroom, work
to the upstairs bathroom, the providing of heat, plumbing costs, and work on the downstairs closet.
13. The heating system installed by Plaintiff in Defendant's home was not properly
installed.
14. Defendant had Agway Energy Products inspect his home for problems with airflow
to the second floor rooms. The airflow to the second floor rooms was the heating system that
Plaintiff was to install for Defendant. A copy of Agway Energy Products' report is attached hereto
as Exhibit "A" and by reference incorporated herein and made a part hereof.
15. When Plaintiffrefused to correct the defective heating work that was provided to
Defendant's home, Defendant had no choice but to contract with Agway Energy Products for them
to correct the defective work provided by Plaintiff. A copy of the invoice is attached hereto as
Exhibit "B" and by reference incorporated herein and made a part hereof. The total cost expended
by Defendant to correct Plaintiffs defective work was One Thousand Eight Hundred Thirty-Five
Dollars ($1,835.00).
16. Additionally, Defendant also had a second contractor, H.B. McClure Company,
inspect the defective work done by Plaintiffto Defendant's home..
17. On or about November 14, 2003, H.B. McClure Company inspected Defendant's
home to determine the problem with Plaintiffs defective work to Defendant's home. A copy of a
December 17, 2003 letter from H.B. McClure Company to Defendant is attached hereto as Exhibit
"c" and by reference incorporated herein and made a part hereof.
WHEREFORE, Defendant respectfully requests that judgment be entered in his favor in the
amount of One Thousand Eight Hundred Thirty-Five Dollars ($1,835.00) plus costs and interest and
against Plaintiff.
Respectfully submitted,
Eili-
Attorney ill No. 57976
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013-9142
(717) 249-53>73
Attorneys for Defendant
VERIFICATION
I VERIFY that the statements set forth in the attached document are true and correct to the
best of my knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. Section 4904 relating to unswom falsification to authorities.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ROGER HOSFELT,
Plaintiff
No. 04-1417
v.
Civil Action - Law
R. ZACK PAGEL,
Defendant
CERTIFICATE OF SERVICE
AND NOW, this 2.5''''' day of May, 2004, I, Michael J. Haaft, Esquire, hereby certify that I
have this day served the following person with a copy of the foregoing Answer With New Matter
and Counterclaim by first class, United States Mail, postage pre-paid, addressed as follows:
Ron Turo, Esquire
TURO LAW OFFICES
28 South Pitt Street
Carlisle, Pennsylvania 17013
Attorney for Plaintiff
HANFT & KNIGHT, P.C.
io~ J Hm E,fit
Attorney J.D. No. 57976
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013-9142
(717) 249-5373
Attorneys for Defendant
Exhibit "A'~~
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Agway Energy Products, 530 East North Street, Carlisle, P A 17013
Phone No: 717-243-5858 or 717-697-2384
FAX: 717-243-7613
Robert Z. Pagel
1694 Walnut Bottom Rd
Newville, Pa 17241
Ron Tidd
Agway Energy Products
530 E. North St.
Carlisle, Pa 17013
Dear Mr. Pagel;
This letter is to confirm what we found when we were called to your home for a problem with
airflow to the 2nd floor rooms of your home.
We checked both the furnace and the ductwork supplying the home. We found an 8" flex duct
connected to the main trunk line in the basement. This 8" flex, which is capable of handling 220
CFM @ .5" static, ran from the basement to the attic. It was then tied into a 16" x 12" (14" x 10"
inside dimensions) transition box.
This transition box had (4) 6" flex duct connections and (I) 5" flex duct connection coming offof
it. This transition was sized for over 800 CFM. The (4) 6" ducts are 350 - 400 CFM and the 5
, is another 50 CFM. With 400 - 450 CFM, there was no way for a single 8" supply to feed it and
maintain the .5" static pressure required.
Agway Energy products replaced the 8" flex with metal duct (8" x 14" 600 CFM@ .5" static)
work of sufficient size to handle the required CFM and static pressw:e to supply the 211I flooa;
rooms. The 2nd floor requirement is 475 CFM @ .5" static. .
Sincerely,
Ron Tidd
Installation Supervisor
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Exhibit "B"
--AGWAY
ENERGY PRODIJC7'S.
Agway Energy Products, 530 East North Street, Carlisle, P A 17013
Phone No: 717-243-5858 or 717-697-2384
Robert Pagel
1694 Walnut Bottom Rd
Newville, P A 17241
2-8H444 14"X8" LONGWAY ELLS 415 DEGREES FLAT
2-8H394 14"X8" SHORTWAY ELLS 45 DEGREESVERT
2-8H374 14"X8" SHORTWAS ELLS 90 DEGREES
10-8H 325 TRUNK WORK METAL
4-8H360 DUCT METAL
4-8H966A DUCT BOARD FIBERGLASS
EXPENSE PARTS:
TIES
FOIL TAPE
REPLACED 8" FLEX FROM BASEMENT TO ATTIC WITH 14"X8" METAL
TRUNK TO HANDLE 600 CFM. THERE ARE 5-6" RUNS FROM TRUNK
TRANSITION IN ATTIC TO THE ROOMS AND 1-5" RUN TO THE BATHROOM
FOR A TOTAL OF 6 RUNS.
PARTS:
LABOR:
TOTAL
$ 755.00
$1080.00 (27 HOURS)
$1835.00
Exhibit "C"
JM!~n:IUr&
600 S. 17th SI., P.O. Box 1745. Harrisburg, F:'A 17109-1745
Service (717) 232-HEAT (4328). FAX (717) 234-3730
Federal I.D. # 23-0855020 . http://www.hbmcclure.com
December 17, 2003
Zack Pagel
1694 Walnut Bottom Road
Newville, PA 17241
Dear Mr. Pagel:
This letter is in regards to my visit on November 14, 2003. The reason for my visit was
to find out why you were not getting enough heat to the second floor and try to find a
solution to fix the problem.
In my opinion, the riser that feed the duct work in the attic, is to small. This is dnly 8" flex
and only delivers 240 CFM. You ned 660 CFM for the seconcl floor. Also, I found that
the main trunk line in the basement is also inadequate to servl3 the first and second floor.
This is 14 x 8 and only delivers 600 CFM.
My conclusion on this is that the entire basement trunk line needs to be changed if you
want the second floor to be heated from the furnace in the basement. Because the way
it is now, the second floor will not heat properly.
s;"oorn~
~l;
Vince P. Mitchell
H.B. McClure Service Estimater
VPMlcak
DESIGN BUILD MECHANICAL CONTRACTOR. SHEET METAL. PLUMBING . HEATING . AIR CONDITIONING . SEHVICE . FUEL OIL . DUCT CLEANING. WATER CONDITIONING
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ROGER HOSFELT,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-1417 CIVIL TERM
R. ZACK PAGEL,
Defendant
PLAINTIFF'S ANSWER TO NEW MATTER AND COUNTER CLAIM
10. No response required.
II. Admitted and Denied. It is admitted that the Plaintiff and Defendant had originally agreed on
a sum not to exceed $3,500.00, but that it is denied that was the total agreement made between
the parties. By the way of further answer, as a result of additional items requested by the
Defendant, the Plaintiff expended additional time and bought additional materials thus creating
the current liability and outstanding balance owed to Plaintiff.
12. Admitted. By the way of further answer the Plaintiff informed the Defendant that the heating
system place in which the Defendant was not prepared to completely replace would make it
impossible to provide all the heat required for the upstairs and the Plaintiff did what he could,
within the limitations of the system to provide such heat.
13. Denied. Proof of the allegation that the system was not installed properly is demanded at
trial.
14. It is admitted that a copy of a letter is attached to the complaint, however it is denied that this
letter, in anyway, accurately portrays the circumstances as it relates to Plaintiff s complaint
against the Defendant.
15. Denied. The Plaintiff has no information concerning any additional work that the Defendant
may have had performed by Agway Energy Products now Plaintiff specifically denies that any
work done by Agway was to "correct" any deficiencies in Plaintiffs work which Plaintiffre-
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alleges was in a workman like manner pursuant to the oral contract between the parties and
unpaid as of this date.
16. Denied. Proof of the same is demanded at trial.
17. It is admitted that the Defendant attached a letter from the H.B. McClure however it is
specifically denied that this letter, in anyway, relates to the work preformed by Plaintiff in a
workman like manner and unpaid by the Defendant as ofthe date of this Answer.
WHEREFORE, for all the above reasons, the Plaintiff respectfully requests that judgment
be entered on his original complaint in his favor for the relief requested and that the Defendant's
New Matter and Counter Claim be dismissed.
ReSrfUllY Submitted,
fr
Turo Law Offic s
Ron Turo, Esquire
28 South Pitt Street
Carlisle, PA 17013
(717) 245-2165
Attorney for the Plaintiff
Date
II
VERI FICA TION
I verify that the statements made in the foregoing Plaintiffs Answer to New
Matter and Counter Claim are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn
falsification to authorities.
rI- 9- tJL/
Date '
"
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Plaintiff's Answer to
New Matter and Counter Claim upon Michael J. Hanft, Esquire, by depositing same in
the United States Mail, first class, postage pre-paid on the / (J day of
) U f!-( , 2004, from Carlisle, Pennsylvania, addressed as follows:
Michael J. Hanft, Esquire
19 Brookwood Avenue
Suite 106
Carlisle, PA 17013
Ron TurC>, Esquire
28 South Pitt Stree
Carlisle, PA 17013
(717) 24fi-9688
Attorney for Plaintiff
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Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-1417 CIVIL TERM
R. ZACK PAGEL,
Defendant
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Ron Turo, Esquire. counsel for the Plaintiff in the above action, respectfully represents
that:
1. The above-captioned action is at issue.
2. The claim of the Plaintiff in the action is $2,519.00.
The counterclaim of the Defendant in the action is $1835.00.
The following attorneys are interested in the case as counselor are otherwise
disqualified to sit as arbitrators: Greg Knight, Esquire; Legal Services
WHEREFORE. YOUR Petitioner prays this Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
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ORDER OF COURT
AND NOW, this
foregoing Petition,
and
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day of , 2005, in consideration of the
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BY THE COURT,
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Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-1417 CIVIL TERM
R. ZACK PAGEL,
Defendant
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Ron Turo, Esquire, counsel for the Plaintiff in the above action, respectfully represents
that:
1. The above-captioned action is at issue.
2. The claim of the Plaintiff in the action is $2,519.00.
The counterclaim of the Defendant in the action is $1835.00.
The following attorneys are interested in the case as counselor are otherwise
disqualified to sit as arbitrators: Greg Knight, Esquin~; Legal Services
WHEREFORE, YOUR Petitioner prays this Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
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ORDER OF COURT
. ? / ':> r day of ~t . "1 ,2005, in consideration of the
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ROGER HOSFEL T,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-1417 CIVIL TERM
R. ZACK PAGEL,
Defendant
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Ron Turo, Esquire, counsel for the Plaintiff in the above action. respectfully represents
that:
1. The above-captioned action is at issue.
2. The claim of the Plaintiff in the action is $2,519.00.
The counterclaim of the Defendant in the action is $1835.00.
The following attorneys are interested in the case as counselor are otherwise
disqualified to sit as arbitrators: Greg Knight, Esquire; Legal Services
WHEREFORE, YOUR Petitioner prays this Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
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. ? / ~ r day of , 2005, in con,sideration of the
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ROGER HOSFEL T,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 04-1417 CIVIL TERM
R. ZACK PAGEL,
Defendant
PRAECIPE
TO THE PROTHONOTARY:
Please settle, withdraw and marked satisfied the above-captioned matter on
behalf of the Plaintiff, Roger Hosfelt.
Ron Tum, Esquire
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
Date
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTYI PENNSYLVANIA
: 04-1417 CIVIL TERM
: CIVIL ACTION - LAW
ROGER HOSFEL T
R. ZACK PAGEL
IN RE: ARBITRATION
ORDER OF COURT
AND NOW, September 27, 2005, the Court having been informed that the
above case has been settled prior to hearing, the Board of Arbitrators previously
appointed is hereby vacated, and Michael Bangs, Esquire, Chairman, shall be paid
the sum of $50.00.
By the Court,
Geo
P.J.
Michael L. Bangs, Esquire
429 South 18th Street
Camp Hill, PA 17011 ,_..., ~..L ~ '1_30.0';
Court Administrator
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