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HomeMy WebLinkAbout09-5246COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of Cumberland FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 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. NAME OF APPELLANT MAG. DIST. NO. NAME 11F U.J. Jonathan Irwin 09-3-02 Vivian Cohick ADDRESS OF APPELLANT CITY STATE ZIP CODE 133 Lefever Rd. Newville PA 17241 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' 7-1-09 Erma Rosenberry N,-onatha Irwin DOCKET No. SIG TU ' VEIN T OR NEY OR AGENT CV-214-08 A-M 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. R. C. P. D. J. No. 1001(6) in action 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 ONLY when appellant was DEFENDANT (see Pa.R.C.P.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 Enter rule upon Erma Rosenberry appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. O?-y (! ???/ /) within twenty (20) days after i of r le or r ant o j dgment of non pros. V k/ Sig t e of appellant or attorney or agent RULE: To Erma Rosenberry appellee(s) Name of appellee(s) (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: 20 F. lav July 3G------' -09- i ature of Prothono a or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTI OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY F 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 of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of official before whom affidavit was made Title of official My commission expires on 20 Signature ofa€fiant r?a 0 1 i= r ??? V [ p t` J.J y _ ' 1 -I 5. 7 -- C- AOPC 312A - 02 COMMONWEALTH OF PENNSYLVANIA vUUIV I T yr: --------- Mag. Dist. No.: 09-3-02 MDJ Name: Hon. VIVIAN COHICS Address: 55 PZ= DR NANWILLE, PA Telephone: (717 ) 776-3187 E JUL 0 :7 BY: 17241 ATTORNEY DEF PRIVATE : ATTY. PAUL ORR 50 E. HIGH STREET CARLISLE, PA 17013 THIS IS TO NOTIFY YOU THAT: FOR PLAINTIFF Judgment: NOTICE OF JUDGMENT/TRANSCRIPT ?[ CIVIL CASE FUINTIFF: NAME and ADDRESS 'BOSENBERRY, ERMA 5913 DOUBLIN GAP RD N110111VILLE, PA 17241 VS. DEFENDANT: NAME and ADDRESS rIRNIN, JONATHAN 133 LEFEVER ROAD CS SYSTMO, INC LNE1111VILLE, PA 17241 J Docket No.: CV-0000214-08 Date Filed: 11/18/08 (Date of Judgment) 7/01/09 ® ment was entered for: Jud (Name) ROSENBERRY, ERNA g ® Judgment was entered against: 5 (Name) 120 0 IRWIN, JONATHAN in the amount of $ ' Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. El Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 5,000.00 Judgment Costs $ 120.00 Interest on Judgment $ • 00 Attorney Fees $ .00 Total $ 5,120.00 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 MAGISTERIAL DISTRICT JUDGES, 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 MAGISTERIAL DISTRICT JUDGE. 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ''?l(J `7 Date I certify that this is a true and correct copy of Date My commission expires first Monday of January, 2012 Magisterial District Ju record of the proceedings containing the judgment. , Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 7/01/09 2:48:00 PM COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of C111111' "' mng AuG -L, 01 h: r 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. NAML Urr Air tLLAN i Irwin J ona L'.'.l4 MAU.. 015T. No. I9i.;9.... 3-ty 12 OF D.J. VJ. _IO ,1ic?1 . ADDRESS OF APPELLANT CITY STATE ZIP CODE 13 'L,,.?fever #. ?? aPwri.z r 17??1 DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)' 7- 1 Eri-La I ;enFlerry i"?? ?gl on?tl?ap lc rift DOCKET No. SIGN Tll C) A FN ANT f)R A NFV (1R Af:FNT This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. (H- (see Pa. K.G.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. of Prothonotary or Deputy 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.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 Enter rule upon d r I.,Z a R o s e n b e r r v appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No V )within twenty (20) days after rvi bf I or ernt figment of non pros. MSig a ofappeflent or attoniey or agent RULE: To . r,,na 1tosenberry Name of appellee(s) , appellee(s) (1) You are noti#ie 4bat 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 u by service or by certified or registered mail. (2)/f.you do not file a c6,' 1within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. M ,'T'he datt5 gf se 'ce'vf thisfirut? if service was by mail is the date of the mailing. Date; 20 y J t1 1 y 30____ Sr aturo of Pro thono a or Deputy u . YOU, tVly?y6??'IIM CWDE ?RSf OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS ON T' OF APPEAL. AOPC 312-02 CO'T' FILE 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 of the notice of appeal. Check applicable boxes.} COMMONWEALTH OF PENNSYLVANIA ; ss COUNTY OF ?jMbAjLL3 AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas No. V`? JSay? upon the District Justice designated therein on (date of service) JL)B U 20 ? by personal service by( certified (registered) mail, senders receipt attached hereto, and upon the appellee, (name) ............. U 4 20 by personal service sender's receipt attached hereto. (SWORN (AFFVIRMED) AND UBSCRIBED BEFOR ME THIS?S-DAY OF 20 of oXicia t was made (?}I(certifled (regi r, d) mail, I 20 ?Q My commission expires on r` (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.comT) O O posts e $ I3 g q LA Certified Fee a So t ` : / 0 Return Receipt Fee ?.? t / t'ostr s t O (Endorsement Required) a• 30 I < O Restricted Delivery Fee (Endorsement Required)' I'l Total Postage & Fees $ M r_...._ Sen co f 3`treet,t NL o l pp+? r? ------- M or PO Box No.yy? ,' yy `?o ? (? r n (1 ^ City State, ZIP+a _ ?.t t--?...a.rt.e?,n.i • ?..?s.?k?.J"?,'?L ru r%_ 0 CO O O 43 can of afriant Postage $ ?y ,? Certified Fee j 111 . O P?rk Return Receipt Fee re C3 (Endorsement Required) a, a 7 G; Restricted Delivery Fee (? Cr, O (Endorsement Required) `/' ?? M ) (1, ? r U Total Postage & Fees -- m co Sent To o WiD3 Uuic??n GpkL --------------------------------------- - ------ - ------- .._. trees, Apt. No.; or Po Box No. Q5 Qp ?n D ------ ---- ---- -- City state, ZIP • JONATHAN IRWIN, : IN THE COURT OF COMMON PLEAS Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW ERMA ROSENBERRY, Appellee :NO. 09-5246 CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) AND NOW, this 1St day of September, 2009, 1 Paul Bradford Orr, Esquire, attorney for Jonathan Irwin, Appellant, in the above-captioned action, hereby swear that I have served a true copy of the Notice of Appeal, upon the Appellee by depositing the same in the U.S. Mail, postage prepaid, certified, return receipt requested. The original return receipt card signed by the Appellee on August 4, 2009, indicating service was effected, is marked Exhibit "A", attached hereto and made a part hereof. Dated: ? ' O By: Paul Bradford Orr, Esquire ¦ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece or on the front if space permits. 1. Article Addressed to: 'E?,ma?en 5ga?n Crap l3A-W vi I le PD? 1I'o q I Agent 1 uIK=?V4b 9 hted Name) C a f? D. Is delivery address different from Item 1? ? Yes If YES, enter delivery address below: ? No 7sib. ?\ •. y s 6,rtlfigd Wail ? Express Mail SAgRegfstered ;9 Return Receipt for Merchandise Insured Mail ? C.O.D. 14. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7008 3230 0002 8008 0717 (Transfer from service labeq PS Form J611, February 2004 Domestic Return Receipt 102595-02-M-1540 Exhibit "A" FILED OF 7h?r ` , 'Y.1'.)' RY 200 9 VQ E' « I iii; I i: 0 1 JONATHAN IRWIN and IN THE COURT OF COMMON PLEAS CS SYSTEMS, INC, CUMBERLAND COUNTY, PENNSYLVANIA Appellant V. CIVIL ACTION - LAW ERMA ROSENBERRY, Appellee NO. 09-5246 CIVIL TERM NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County 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 our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. JONATHAN IRWIN and CS SYSTEMS, INC, Appellant V. ERMA ROSENBERRY, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-5246 CIVIL TERM COMPLAINT AND NOW, comes Erma Rosenberry, by and through her attorney Karl E. Rominger, Esquire and in support of this Complaint avers as follows: 1. Appellant is Jonathan Irwin, an adult sur juris residing at 133 Lefever Road, Newville, Pennsylvania 17241. 2. Appellee is Erma Rosenberry, an adult sur juris residing at 598 Doublin Gap Road, Newville, Pennsylvania 17241. 3. On or about April 6, 2006, and July 12, 2006, Appellee purchased the necessary materials to replace an existing fence used for horses. Attached hereto as Exhibit "A". 4. Because of Appellee's late husbands advanced age, medical conditions and poor health he was unable to replace the fence himself and contacted Appellant to replace the existing fence. 5. On or about July 27, 2006, Appellant d/b/a CS Systems provided an estimate/invoice to Appellee in the amount of $5,027.00 to remove the existing fence and disposal of the same, install a horse fence using the materials provided by Appellee and the labor for the same. A copy of the estimate/invoice is attached as Exhibit "B". 6. On or about August 1, 2006, Appellee paid Appellant in full for the work that the estimate provided for. 7. Appellee contacted Appellant as many of the posts became unstable and the fence actually started sagging and falling in many places a short time after it was put into place. 8. The fence was not built in a workmanlike manner. 9. Appellant has refused to fix the fence that his company CS System installed, and has made only some repairs, which are inadequate. 10. A new fence will cost $8,155.59 (See Exhibit C) 11. The actions of Appellant are also violations of the Unfair Trade Practices act, and therefore Appellee is entitled to treble damages plus attorney fees. WHEREFORE, Appellee requests that this Honorable Court enter judgment in her favor and against Appellant in the amount of $8.155.59 as well as costs of suit, and interest, as well as treble damages and attorney fees. Respectfully Submitted, Rominger & Associates Date: September 8, 2009 K E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff JONATHAN IRWIN and CS SYSTEMS, INC, Appellant V. ERMA ROSENBERRY, Appellee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-5246 CIVIL TERM ATTORNEY VERIFICATION I verify that the statements made in this complaint are true and correct. The client is elderly and unable to travel. A substitute verification will replace this one. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unworn falsification to authorities. K dl Rominger, Esquire RELATIONS: 1-877-586-2374 •601 TALLMADGE RD., KENT, OH 44241 (Toll Free) + CA E .. , u 'J?it HI it SOLD TO SHIP TO ACCOUNT NO INVOICE NO. U .I ESTNWT£ NO, . CUSTOM" ORDER MO. I ORDERED ET PMT. TEPE SOLO By DATE MOM. PA ",err I??fr ?_ QUANTITY DESCRIPTION ITEM NO, UNITS PRICE/UNIT AMOUNT - -J IN _ tl_. VEK' 'PBLr r 00 -CE, .H d-c- P V .,L.GilI A 4 5'{I vl:f .U`. .I l1;?ILi?': i -.- f A5: i , 112. 4r'_ 1 f'J P K 1 a r5;__,_ ! i:0 ilt. Lei Wi IN ,i<L ? .'D IH[=l.u' IR AsllT. NO TAMB E T"Asu TAX • a cua i.S A.t n i'Y7 DO 0- SAM, i? DO NOT LOAD FROM THIS TICKET CUSTOMER COPY Internet at: www.carterlumber.com CUSTOMER RELATIONS: 1-877-586-2374.601 TALLMADGE RD., KENT, OH 4424( I (Toll Free) CARTE INVOICE N0. E DO NOT LOAD FROM THIS TICKET CUSTOMER COPT( Internet at: www.carterlumber.con CARLISLE (MAIN OFFICE) (717) 243-0424 CAMP HILL (717) 737-0101 HARRISBURG (717) 238-0437 _ ARTISAN GETTYSBURG (717) 337-1222 5 - DILLSBURG (717) 432-818 _ DECK & SHtPPENSeuRG (717) 532-7075 ' F PERRY COUNTY (717) 582-7355 ENCE TOLL FREE (800) 757-0424 FAX (717) 776-9201 Job Estimate/Invoice ?2 I DATE 7-27-2006 11 CUSTOMER INFORMATION Mailing Address: Job Location: WAYNE ROSENBERRY 598 DOUBLING GAP RD. NEWVILLE, PA 17241 Same ID * 15423 PHONE 776-5874 ORDER TAKEN OY JOHN 06BORN QTY. MATERIAL AMOUNT DESCRIPTION OF WORK INSTALL HORSE FENCE REMOVE EXISTING FENCE AND DISPOSAL LABOR ONLY INSTALL HORSE FENCE/ LABOR ONLY- $4,975.00 145 POST W/ 2 BOARD PER -APPROX OTHER AMOUNT (sLpplied4pastsandthree hinges) - 552.00 OWNER WILL SUPPLY FENCE BOARDS POSTS GATE HARDWARE GATE AMOUNT CONCRETE ONLY INCLUDED DATE COMPLETED Total Materials $5,027,00 7-26-200 6 Work orderby Signature Date Paid Check Number Terms 1/3 DOWN- 1r INHEN STARTING- BAL a.isr-E DUE UPON COMPLETION.. 596 Interest added to BALANCEDUE accoums r-i er jO days late onpay-meems. Total Labor Total Materials $5,027.00 Total Other Tax Total Est. $5,27.00 Deposit paid Balance Swum aktv;l V 11 13( o"), 8i' ld4v-? 43-.'ro f,4X1C':1HS y LEIFS 43 SUBDIVISION RO NEIVILLEJA 17'241 III 126*2141 # 0 -- Job dame i op ° Proposal Suo r?ntzd e 7I t4 Address I ob Locanb r? 11F 72- '1 i jai / ? ? DaL ; ?fan ) rthl ' I °ho .ec. F= , td4_ .ersbI' a.,','li.,_.[ c ?Y1 / t '? C. I N Yl G -? j t?, /rl l /J, 3 11 1 (,irYt-k r i 5 w f7z / cec lc'4? v G V - N ?yX F -II'; -7 7, ?3 ? 130 cc-of - ?? G x i? 1;3 y6 _ q3 -3 1?x?J - Sc'rew? ?c5'd? It 30 6)- v rb. 6 7G G? _ 73 6X Toe, r Ac Ji I .SJ o 10Y.R ( lr i ?G - _ - 91 We propose he;---by to furnish material, and labor - complete in accordance with the above specifications fo,- it-he sum o!: ii ?j ii Dollars O Ej wit'il payments to be made as ioilows:_ 4 e 0 4 ?Iro14 Any alteration or deviation from above specifications involving extra costs will be Respectful!,,; / executed only upon written order, and will become an extra charge over and 7 above the estimate. All agreements contingent upon strikes, accidents, or delays Submitted beyond our control. Note - this proposal may be t hdrawn by us if not a,czpied with;-, 170 days. The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do tike worn as specified. Paymenis will be made as outlined above. Data of Acceotaincs 5lgna ura NingRic r Y \? FUD-D"FICE Cif THE PROTHOINOTARY 2009 SEP -8 PM 2: 3 4 CUIV? I! JONATHAN IRWIN and IN THE COURT OF COMMON PLEAS CS SYSTEMS, INC, CUMBERLAND COUNTY, PENNSYLVANIA Appellant V. CIVIL ACTION - LAW ERMA ROSENBERRY, Appellee NO. 09-5246 CIVIL TERM ,-----,_-,VERIFICATION I verify that the statements made in this 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 unworn falsification to authorities. Date: / I '6 Q Erma Rosenberry R FD--Ci F',CE OF THE THON,'-)TAAY 2009 SEP I I PH 2: 5 7