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Home My WebLink About01-4745COMMONWEALTH OF PENNSYLVANIA OF CUMBERLAND COUNTY, PA NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT co~,~o. PLEAS N~ ~/_ .~'~f/~- 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 belo~. JAMES C. HARRIS 09301 (HAROLD E. BENDER) 8304 ROXBURY ROAD LURGAN, PA 17232 07-12-01 DOROTHY FAHNESTOCK ~o ~ CV 19 LTl9 J~ES C. HARRIS ~UTRE This block will be signed ONLY when this notation is required under Pa. R.C~'..I.P. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case Signature of Prothonotary or Deputy If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1 O01 (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 District Justice. IF NOT USED, de~ach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary PA 17257 Enter role upcm DOROTHY FAHNESTOCK of 4 WHITEHOUSE RD., SHIPPENSBURQappdlee(s), to file a complaint in this appeal iV~ne of appelle~s) (Common Pleas N<~ ~/o /-/;7,~,~' ) within twenty (20) ~,--.~),.~1~,-: ~ ~-~ ~'udgrnent of non pros, RULE: To DOROTHY FAHNESTOCK . appellee(s). 1237 HOLLY PIKE CARLISLE, PA 17013 (1) You am notified that a rule is hereby e~tered 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 WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. _Z~/ /g) x]~ ?nOl COURT FILE TO BE FILED WITH PROTHONOTARY ~'IN~A'I~LGNN~d dO H.LI~=I~ANOI~II~iOO (sexoq e}qeolldde ~toeqD ' eedde jo eo!lou eqi fiU!l!J ~31~.'~' ~,~ ¥0 (01.) N3~ NIH I IM 0~'11~ ~l~ I ~f'llAl eo~,~..,e~ t~ joo:d ~1.~ ) J. Nl~'ldlfllO0 =1'114 OJ. ~na IgN'd -I'~idd~ 40 =IOI/ON 40 =lOlAtt=l$ 40 =lO0~lcl 0~/10/01 IZ:O§ F~ ?17 522 $208 DJ 09-2-01 ~001 COMMONWEALTH OF PENNSYLVANIA COUNTY OF; ~.[u~k~3 09-3-01 '~'~': 81 WAhNOT ~ ROAD P.O. BOX 361 T,~o.,:(717) 532-7676 8304 R0X~UKY ~ LURGAN, PA 1"7232 1'725"/- 0361 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE Docket No,: CV*-0000123 Date Flied: 6/18/01 THIS IS TO NOTIFY YOU THAT: Judgment: ~3~ pT,ATt~T3a~' T~ Judgment was entered for: (N~e) ~x~T~: ~ ~ ~ Judgment was enter~ against: (Name) ~a~T~, ,T~ ~ in the amount of $ ~ ~A~ nn on; (Date of Ju~ment) ~"~, Defendants are jointly and severally liable. ~'~ Damages will be assessed on: [~ This case dismissed without prejudice. []Amount of Judgment Subject fo Attachment/Act 5 of 1996 $_ [] Levy is stayed for days or [] generally stayed (Date & Time) Amount of Judgment $_ 2. 586.00 Judgment Costs $ 70 · 00 Interest un Judgment $ .00 Attorney Fees $ .00 Tolal $ 2.656.00 Post Judgment Credite Post Judgment Costs Certified Judgment Total ~"~ Objection to levy has been filed end hearing will be held; Date; Place; l~me: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 38 DAYS AFTER THE ENTRY OF JUDGMENT BY FLUNG A NOTICE OF APPEAL wrrH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PI JEAn, CIVIL DIV~IION. YOU MUST INOLUDE A COPY OF THIS NOTICE OF JUDGMENT~TRAI~SCRIPT IR3R~ "_'~:~E~4-~-.;. ~'~.~ certify that this iS e tree ar~cl ce.ecl: ~y ~ ~e ~ce~ o, ~ ~ My commi~ion expire~ first Monday of Janua~, 2006 AOPC 315-99 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Dorothy G FAHNESTOCK, Plaintiff James C HARRIS, Defendant CIVIL ACTION - No. 2001 - 4745 Arbitration LAW 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 County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Dorothy G FAHNESTOCK, Plaintiff James C HARRIS, Defendant CIVIL ACTION - LAW No. 2001-4745 Arbitration COMPLAINT Plaintiff is Dorothy G FAHNESTOCK, a suijuris individual who resides at 4 Whitehouse Road, Shippensburg, Pennsylvania. Defendant is James C HARRIS, a suijuris individual who resides at 8304 Roxbury Road, Lurgan, Pennsylvania. Plaintiff is the owner of real estate located at 4 Whitehouse Road, Shippensburg, Southampton Township, Cumberland County, Pennsylvania. 4. Defendant is a self-employed carpenter. Page 1 of 4 On or about May 18, 2001, Defendant agreed to remove and replace a floor in the living room of Plaintiff's residence, repair steps in rear of property, stretch carpet and remove and replace exterior door in front of property. On or 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~was $4,400.00. Plaintiff paid to Defendant the sum of $2,200.00 on account of said estimate on or about May 18, 2001. 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 8500.00 for materials to complete the living room floor repairs. 11. 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 82,200.00 at the insistence of Defendant. 14. 15. Plaintiff believes and avers that the sum of 84,400.00 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. Plaintiff believes and avers that the Defendant expended only 81,221,84 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 81,221.84, the amount of 83,179.00, 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: ~¢ J :~ ..~o·~ Dorothy G FAHNESTOCK Page 4 of 4 STATEMENT TO 108~ TERMS "l'J~ ACCOUNT WiTH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Dorothy G FAHNESTOCK, Plaintiff James C HARRIS, Defendant CIVIL ACTION - No. 2001 - 4745 Arbitration LAW CERTIFICATE OF SERVlCF 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. Dorothy G Cahnestock 4 Whitehouse Road Shippensburg, Pennsylvania 717.532.9092 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Dorothy G FAHNESTOCK, : Plaintiff : ; V. ; : James C HARRIS, : Defendant : CIVIL ACTION - No. 2001 - 4745 Arbitration LAW PRAECIPE FOR JUDGMENT BY DEFAULT TO: Curtis R Lon~, 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 ~..z ~o*.f 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 -~-~. $. -~-~ ~ . A copy of said Notice is attached hereto in accordance with Pa R.C.P. 237.1. Dorothy G' Fahnestock 4 Whitehouse Road Shippensburg, Pennsylvania 717.532.9092 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Dorothy G FAHNESTOCK, Plaintiff James C HARRIS, Defendant CIVIL ACTION - No. 2001 - 4745 Arbitration LAW TO: James C HARRIS DATE: 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 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 Y(JU 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 Dorothy (~ Fahnestock 4 Whitehouse Road Shippensburg, Pennsylvania 71 7.532.9092 Date of Deliver/ ss diffeeant from item 17 nyes liveO/address below: [] No [] Express Mal~ I-I Return Receipt for Merchandise ~ C.O.D. (Extra Fee) n yes iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Dorothy G FAHNESTOCK, Plaintiff James C HARRIS, Defendant CIVIL ACTION - No. 2001 - 4745 Arbitration LAW PRAECIPE FOR JUDGMENT BY DEFAULT TO: Curtis R Long, Prothonotary Please enter judgement by defautt against the Defendant, James C HARRIS, and in favor of the Ptaintiff, Dorothy G FAHNESTOCK in the amount of 53,179.00, plus costs of suit, and interest to compute from ~,~ .z ~o,/ 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 mai[, return receipt requested postage prepaid on -~,. ~'..~-, ~ . A copy of said Notice is attached hereto in accordance with Pa R.C.P. 237.1. Dorothy G' Fahnestock 4 Whitehouse Road Shippensburg, Pennsylvania 717.532.9092 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Dorothy G FAHNESTOCK, Plaintiff James C HARRIS, Defendant CIVIL ACTION - No. 2001 - 4745 Arbitration LAW TO: James C HARRIS DATE: 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 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 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 Dorothy ~ Fahnestock 4 Whitehouse Road Shippensburg, Pennsylvania 717.532.9092