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HomeMy WebLinkAbout11-1553COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. P `53-,3 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. ADDRESS OF APPELLANT Cnv STATE ZIP CODE 1,71A DA OF JUDGMENT 9 ?t IN _ CASE OF (PMiM (D0ftndrif)' 4.1?r -- og30/ - 6V ~ -to/a This block will be signed ONLY when this notation is required under Pa. I a ant was R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will SUPERSEDEAS to the judgment for possession in this case. No. 1001(6) in a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after firing the NOTICE of APPEAL. SO-k- of Pmd ondry r DVW 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 1?,&/ftr_ , appeilee(s), to file a complaint in this appeal Name ai appeNee(s) (Common Pleas No. C PV" l )within twenty (20) days after service of e r try OfIment of non pros. RULE: To u?y s fiCiditi?i?.c?/73uf?gPP>(s? Nerve Of SAWMWS) / we otappsMant oraNorney oragent /W47 azws (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: ! t_' I 9 20// aw? !? .? 01 Profhonof 0A. z ;I I YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SE=Rlf OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TFN (10) DAYS AFTER filing of the notice of appeal. Check applicable bpjes ) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: 1 hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , 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 Tide of official My commission expires on t'4 y Cj C) U. = ox - tiJ Q M -J 0- co W in.-f;r li z- t COW Via- W U- = = = C_3 20 Signature ofatfiant COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDJ-09-3-04 MDJ Name: Honorable Thomas A. Placey Address: 5275 East Trindle Road Suite 110 Mechanicsburg, PA 17050 Telephone: 717-761-8230 Bradley's Property Maintenance, Inc V. Gregory Woods Dba Bin Inc. Gregory Woods Dba Bin Inc. 149 Walden Way Mechanicsburg, PA 17050 Disposition Summary Docket No: MJ-09304-CV-0000577-2010 Case Filed: 9/8/2010 Docket No Plaintiff Defendant Disposition Disposition Date MJ-09304-CV-0000577-2010 Bradley's Property Maintenance, Gregory Woods Dba Bin Inc. Default Judgment for Plaintiff 01/24/2011 Inc Judgment Summary JoIint/SeveralLiabilty Individual Liability Amount Participant Gregory Woods Dba Bin Inc. $0.00 $4,234.32 $4,234.32 Judgment Detail ('Post Judgment) In the matter of Bradley's Property Maintenance, Inc vs. Gregory Woods Dba Bin Inc. on 1/24/2011 the disposition is Default Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $3,028.32 $3,028.32 Interest $0.00 - $1,071.00 $1,071.00 Filing Fees $0.00 $105.00 $105.00 Server Fees $0.00 $30.00 $30.00 Grand Total $4,234.32 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 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 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. Date Magisterial District Judge Thomas A. Placey ; MDJS 315 Page 1 of 2 Printed: 01/24/2011 2:05:16PM Bradley's Property Maintenance, Inc Docket 'Nc I k0 304-CV-0000577-2010 t X p Gregory Woods Dba Bin Inc. I cep{ f that tills is tau and c rrec cp of f be r c r Pi., prOCedingS COnalnng tef U g?;i"` ? " ; *• 'Magisterial District-Date Judge Thomas 1. Y - --: _n-. _ - - MDJS 315 Page 2 of 2 Printed: 01/24/2011 2:05:16PM it I • M Lr) D POSMge $ r-R Certified Fee) celru Fee Return Re C3 (Endorsement equired) R E3 Restricted Delivery Fee C3 (Endorsement Required) O Total Postage & Fees r-q C3 Sir®ef, ilpf No:; p f` or PO Bar No. _ Q Cc'?> ?a -l mark C. .?te we /? $0 UU !?'BP !--- -------------------------- .'-------' ------------ -------------------- /7025-0371 PROOF OF SMOCE OF NOTXE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED UVITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CAb? ??? d ; ss AFFIDAVIT- I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas ??- )533 , upon the District Justice designated therein on (date of service) 1 o g 20 « -W by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) Oty on 20 Cf ? by personal service ® by (cgrtified) (registered) mail, sender's receipt attached hereto. (SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20-& - Sin re acbefore who affidavit was made Title of ofbc at My commission expires on Jlildl 20_. / Signature of afriant Co rn- t'n -0 6-n T- t) 3C )c') t?+ --4 M OF PENNSYLVANIA • WOMMON PLEAS Judicial District, County Of 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. NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. f Mnu. uis 1./rr? . y} ? NAM OF D.J. // -Aflll?cee ncd f••.:,? •.,i' ( 6J r - 3-/F)? M "7( O /_ ` / R/Y - FV" b µ??fL.?..r?? •` 11 c yr jULP aMrN 1 IN Tt£ CASE OF ti ... 7 g O7 s ~-5 7- tot e This block will be signed ONLY when this notation is required under R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operatey SUPERSEDEAS to the judgment for possession in this case. C Sy WWft d PhVhond&ryerDsp* was ;.f/ in a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the 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.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 ../ l?4 j ,,2? yfl (ll t/, fy1,C 'r '? c appellee(s), to file a complaint in this appeal Name of aAw#0 (s) (Common Pleas No. .,J ~ ) within twenty (20) days after service offrlle ntry of pidgment of non pros. f, r' _ .r RULE: 0fapp?Alantoratk?msy orag&V To ??`i Name of appe#Ws) (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 MAYBE ENTERED AAGAINST YOU. (3) The date of service of this role if service was by mail is the date of the mailing. Date: 20. f- ,, %,. D t YOU MUST INCLUI9E*d0PY OF THE NOTICE OF JiUIeNT/TRANSCRiIPT Ffli WF T .yp OF APPEAL. AOPC 312-02 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) BRADLEY'S PROPERTY : IN THE COURT OF COMMON PLEAS MAINTENANCE, INC., a : CUMBERLAND COUNTY, PENNSYLVANIA Pennsylvania Corporation, Plaintiff CIVIL ACTION - LAW VS. 11 - 1553 GREGORY WOODS, an adult individual, and B.I.N. JURY TRIAL DEMANDED INCORPORATED, a Pennsylvania Corporation, Defendants 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 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 By: 41?47/ a - DREW C. SHEELY, E ire Attorney for Plaintiff Pa. I.D. No. 62469 127 S. Market Street P.O. Box 95 ai a't.,trtt .' Mechanicsburg, PA 17055 (717) 697-7050 ;A 1 21 110 G Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) BRADLEY'S PROPERTY MAINTENANCE, INC., a Pennsylvania Corporation, Plaintiff VS. GREGORY WOODS, an adult individual, and B.I.N. INCORPORATED, a Pennsylvania Corporation, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 11 - 1553 JURY TRIAL DEMANDED COMPLAINT Plaintiff, Bradley's Property Maintenance, Inc., by and through counsel of Andrew C. Sheely, Esquire, hereby files this Complaint and respectfully states as follows: 1. Plaintiff, Bradley's Property Maintenance, Inc. (hereinafter referred to as "Plaintiff"), is a Pennsylvania Corporation maintaining a principal place of business at 6844 Wertzville Road, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant Gregory Woods (hereinafter referred to as "Defendant Woods") is an adult individual maintaining various addresses including 149 Walden Way, Mechanicsburg, Cumberland County, Pennsylvania, and 4209 Cumberland Avenue, Harrisburg, Dauphin County, Pennsylvania. 3. Defendant, B.I.N. Incorporated (hereinafter referred to as "Defendant B.I.N.) is a Pennsylvania Corporation maintaining a registered principal place of business at 10 West Locust Street, Mechanicsburg, Cumberland County, Pennsylvania and another place of business at 149 Walden Way, Mechanicsburg, Pennsylvania. 4. Plaintiff owns and operates a business performing various types of construction, landscape and excavation services in central Pennsylvania. 5. Plaintiff believes and therefore avers that Defendant Woods individually trades and operates a business performing various general construction services. 6. Plaintiff believes and therefore avers that Defendant B.I.N. is a corporation engaged in the business of residential and commercial construction services operated by President and believed Chief Executive Officer Gregory Woods. 7. Plaintiff and Defendants maintained a subcontractor and contractor relationship in the ordinary course of business. 8. Plaintiff and Defendants maintained a subcontractor and contractor relationship in 2010. 9. On or about March 25 2010, Defendants telephoned Plaintiff and Defendants requested that Plaintiff provide construction, landscaping and excavation services associated with the installation of a block retaining wall at a property located in Hummelstown, Pennsylvania. 10. Plaintiff provided services, materials and products at 2 Defendant's stated work site on April 1, 2010, April 5, 2010, April 14, 2010 and April 15, 2010, all as more specifically state in an invoice dated April 27, 2010 and attached hereto as Exhibit "A". 11. All work requested by Defendants was performed by Plaintiff in a quality and workmanlike manner. 12. After repeated demands, Defendants failed to pay Plaintiffs for services, materials, labor and products provided for the benefit of Defendants and an amount of Two Thousand Eight hundred forty-six dollars and fourteen cents ($2,846.14) is due Plaintiff as represented by invoice 01/7190. 13. All materials and products provided to Defendants from Plaintiff were of substantial quality and reasonably priced. 14. Plaintiff believes and therefore avers that Defendants profited from the construction, excavation, products and materials provided from Plaintiff to Defendants during the time periods set forth above. COUNT 1. BREACH OF AGREEMENT FAILURE TO PAY FOR LABOR, MATERIALS AND SERVICES PROVIDED IN THE ORDINARY COURSE OF BUSINESS PLAINTIFF v. DEFENDANT B.I.N. Incorporated 15. Paragraphs 1 - 14 are incorporated herein as set forth at length. 16. Defendant B.I.N. requested and Plaintiff provided excavation and construction services and materials for the 3 benefit of Defendant B.I.N. at Defendant B.I.N's specific request and instruction. 17. Defendant B.I.N. breached its agreement with Plaintiff to pay for the excavation and construction services and materials. 18. Defendant B.I.N. owes Plaintiff for excavation and construction services and materials in the amount of Two Thousand Eight hundred forty-six dollars and fourteen cents ($2,846.14) as represented by invoice 01/7190. 19. The amounts claimed due by Plaintiff require compulsory arbitration. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant B.I.N. Incorporated in the amount of Two Thousand Eight hundred forty-six dollars and fourteen cents ($2,846.14), together with lawful interest and costs of this action. COUNT 2. UNJUST ENRICHMENT PLAINTIFF v. DEFENDANT S.I.N. Incorporated 20. Paragraphs 1 - 19 are incorporated herein as if set forth at length. 21. Defendant B.I.N. has been unjustly enriched as a result of its refusal to pay Plaintiff for excavation and construction services and materials provided to and accepted by Defendant B.I.N. 4 22. Defendant B.I.N.'s continual and repeated refusal to pay for the excavation and construction services and materials provided to and accepted by Defendant B.I.N. constitutes a continual and repeated loss to Plaintiff and an unjust enrichment to Defendant B.I.N. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant B.I.N. Incorporated in the amount of Two Thousand Eight hundred forty-six dollars and fourteen cents ($2,846.14), together with lawful interest and costs of this action, an amount requiring compulsory arbitration. COUNT 3. BREACH OF AGREEMENT FAILURE TO PAY FOR LABOR, MATERIALS AND SERVICES PROVIDED IN THE ORDINARY COURSE OF BUSINESS PLAINTIFF v. DEFENDANT WOODS 23. Paragraphs 1 - 22 are incorporated herein as set forth at length. 24. Defendant Woods requested and Plaintiff provided excavation and construction services and materials for the benefit of Defendant Woods at Defendant Woods' specific request and instruction. 25. Defendant Woods breached his agreement with Plaintiff to pay for the excavation and construction services and materials. 26. Defendant Woods owes Plaintiff for excavation and construction services and materials in the amount of Two 5 Thousand Eight hundred forty-six dollars and fourteen cents ($2,846.14) is due Plaintiff as represented by invoice 01/7190. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant Woods in the amount of Two Thousand Eight hundred forty-six dollars and fourteen cents ($2,846.14), together with lawful interest and costs of this action, an amount requiring compulsory arbitration. COUNT 4. UNJUST ENRICHMENT PLAINTIFF v. DEFENDANT WOODS 27. Paragraphs 1 - 26 are incorporated herein as if set forth at length. 28. Defendant Woods has been unjustly enriched as a result of his refusal to pay Plaintiff for excavation and construction services and materials provided to and accepted by Defendant Woods. 29. Defendant Woods, continual and repeated refusal to pay for the excavation and construction services and materials provided to and accepted by Defendant Woods constitutes a continual and repeated loss to Plaintiff and an unjust enrichment to Defendant Woods. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant Woods in the amount of Two Thousand Eight hundred forty-six dollars and fourteen cents ($2,846.14), together with lawful interest and costs of this action, an 6 amount requiring compulsory arbitration. Respectfully subm' t d, Date: February 25, 2011 46410(s ? Andrew C. Sheely, Es ire Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) andrewc.sheely@verizon.net 7 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE : February .1-5, 2011 4- 2 - Z 5 - Z Di- C Bradley J eich, President Bradley's operty Maintenance, Inc. CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Complaint upon the following named entity and believed counsel this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: GREGORY WOODS, PRESIDENT B.I.N. INC. 10 WEST LOCUST STREET MECHANICSBURG, PA 17055 GREGORY WOODS B.I.N. INC. 149 WALDEN WAY MECHANICSBURG, PA 17050 GREGORY WOODS B.I.N. INC. 4209 Cumberland Avenue Harrisburg, PA 17110 Date: February 25, 2011 Andrew C. Sheely, Esq re Exhibit "A" Bradley's Property Maintenance, Inc. PO Box 3 74 Enola, PA 17025 INVOICE BILL TO BIN Inc. Gregory Woods 149 Walden Way Mechanicsburg, Pa 17050 DATE INVOICE # 4/27/2010 01/7190 Due Upon Receipt SERVICED DESCRIPTION AMOUNT 4/1/2010 5hrs with 2-men, excavator, and skid steer- excavate 950.00 footing for R-Wall, steps, and raised garden. Deliver and grade 6" of 2a modified stone in footing for wall. 4/5/2010 4hrs 1-man and skid steer - Move block to wall with skid 360.00 steer and help lay block 4/14/2010 Deliver 22.78 ton of 2b stone to job. 326.55T 4/15/2010 7hrs - 2-men, excavator, and skid steer - Backfill wall with 1,190.00 2b stone, grade topsoil delivered by others. Sales Tax 19.59 Thank you for your business. Total $2,846.14 e BRADLEY'S PROPERTY MAINTENANCE, INC., a Pennsylvania Corporation, Plaintiff VS. GREGORY WOODS, an adult individual, and B.I.N. INCORPORATED, a Pennsylvania Corporation, Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW n C ' s- . _rn X --10 t 11 - 1553 r ' 7 -gym x om 0 t JURY TRIAL DEMANDED t - •Cc? "?? ?? A z ;-- p61 -c o = PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Andrew C. Sheely, Esquire, counsel for the plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of plaintiff in the action is $2,846.14. The following attorneys or parties are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: Andrew C. Sheely, Esquire Gregory Woods, Pro Se 127 S. Market Street BIN, INC., Pro Se P.O. Box 4209 Cumberland Avenue Mechanicsburg, PA 17055 Harrisburg, PA 17110 C7 C"3 N .., i WHEREFORE, your petitioner prays your Honorable Court to appoin Z-tha e--j (3) arbitrators to whom the case shall be submitted. Z rn r- -O r rr e c f ub fitted cn ° t <o = ? -a C).' Date: December 30, 2011 C l Andrew C. Shee , Esquire T>:z a Attorney for Plaintiff ?- PA ID No. 62469 127 S. Market Street, P.O. Box 95 o 00 i a4. P Mechanicsburg, PA 17055 4 aw 717-697-7050 0.(3891 ?N-a?9aga ORDER OF COURT AND NOW, S ___, 2012, in consideration of the foregoing petit n, _ Es . , and Q 14 ? ,?J Esq., and Esq., are appointed arbitrators in the above captioned ac n prayed for. ? By the Court: -Aegly 7 4 Of .ark l?t?adS J. C? p ? Ps r??.1,?0/ ? ???1 a .,ate G ?,.