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HomeMy WebLinkAbout01-2312 COURT OF COMMON PLEAS Cumberland County ~IUD~CI&L DISTI~ICT NOTICE OF APPEAL R~OM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is ~ that the appellant has fired in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the da~ and in ~ ca~e me~ionod bek~ Independent Development CorD. 2525 Eastern Blvd. York 3-22-01 Michael Kurtz Painting Contractor 09-3-04 PA 17402 Independent Development Corp. CV20 0000460-00 ~ LT20 Craig R. Milsten, This block will be signed ONLY when this notation is required un~ Po. R.CJ~.JJ~. ~ 1008~ This Notice of Appeal, whe~ recei~,,d by the District Justice, will opes'ate as a SUPERSEDEAS to the ]udgme~ for passesslcm in this case. $~Jna~ure or' Prothor~ary ur Oeputy If appellant was CLAIMANT (see Pa. RC.P.J.P. No. 1 (301 ( 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~ac, h from copy of notice of appeal to be served ~ alAeellec). PRAECIPEz To Enta~mJeupo~ Michael Kurtz Painting Contractor .appejjee(s).tofiieacoml~alntinthisapped · Name ot ap~e~ee~s) (Comm~ Ple~s 1,~.~/ -- ,,~'~ I ~lx P~O; ( ~ ~'v'~ within twemy (20) days al'mr service of rule ~ suffe~ emry of judgmem of no~ pms~ RULE: To Michael Kurtz Paintinq Contractor Nan'm ~' (1) Yo~ am notified that a ru~e is hereby ent~m:l upon you to ~ a compialnt in thk appeal wil~n twenty (20) doys after ~ date of sewice of this rule upon you by persona[ sm'vice ~ by certified or registered ma[ (2) tf you do not file a complaint within this time, a JUDGN~NT OF NON PROS WILL ~E ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of moilin~ ~,o,c 3~2-90 COURT FILE TO BE FILED WITH PROTHONOTARY ~,,OM~ONWEA,, ~, ,.,~N, ,VAN, AFF~DAV)T" l he, eh? ,.,~veal ,..,~ affir!n tha~i · ,.¢ ... [. ~',. ~ ,,~: GOMMONWEALTH OF PE. NNS'- '/ANiA COUNTY OF: 09 -3-04 ~'": 104 S. SPO~TXNG ~~B~G, PA Te~..: (717) 761'8230 17050 II~DEP]~NDENT Dmv~r,Ol:~,fl~T~ COP~. 2525 EASTERN BLVD. YORK, PA 17402 NOTICE C PLAINTIFF: r-MICHAEL ~u~TZ PAINTING CON.£tcACTOR P.O. BOX 11848 HAP/~SBURG, PA 17108-1848 VS. DIEFEN[~ANT: NA~E ~x~ ^O~3RESS 2525 ~n-q.~.~,a~l BLVD. YORK, P& 17402 J U DG M ENT/TRANSC RIP~T,~ t. iVIL CASE ~" Docket No.: CV-0000460-00I ~r,.~ Date F led: 11/14/00 THIS IS TO NOTIFY YOU THAT: Judgment: [~ Judgment was entered for: (Name) ['~ Judgment was entered against: (Name) in the amount of $ ~;, ~q4 0~1 on: Defendants are jointly and severally liable. Damages will be assessed on: This case dismissed without prejudice. Amount of Judgment Subiect to Attachment/Act 5 of 1996 $ Levy is stayed for days or [] generally stayed. (Date of Judgment) (Date & Time) Amount of Judgme_nt $ 5,000.00 Judgment Costs -'- $ 94.00 .interest on Judgment $ .00 Attorney Fees $ .00 Total $ 5,094.00 Post Judgment Credits Post Judgment Costs Certified Judgment Total $ $ ~'] Objection to levy has been filed and hearing will be held: Date: ........... Place[ ..... ''~ ..................................... Time: ANY PARTY HAS THE RIGHT TO APPF. AL WITHIN 30 DAYS Ar i ~:R THE ENTRY OF JUDGMENT BY FILING A NOTICE .- ~ OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU '[ ~i 'MUST INCLUDE A COPY OFm~THIS NO~,,~;~E OF ~IU DGI~/'J;tR~--~RIPT/~/- ~/ FORM WITH YOUR NOTICE OF APPEAL. · ;., ~,'; :j:.' ,! certify that th!s s a true ~. e.c~,_ .c.o?.y .o.t.t~e record, of t~e pg'ceed ngs containing the judgment Date , District Justice My commission expires first Monday of January, AOPC 315o99 2004 SEAL Cma~rland Count~ NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL ~ iS ~ that h~e apl3e~mt has filed in the above Court of Common Pleas an czppeal from t~ne judgment rendered by the District Justice on the Vndegendent Development CcrD. 2525 ~amtern Blvd, Yozk PA 3-22-01 Tl~s block wgl be signed'ONLY when this notation is required under Pa. R.C,P, JP. hkx T~.~ of Appeal, when received by the District Justice, wlil operate as o ~$ to the judgment for possession in ~s case Michael g~l~:tz Painting Contracto% ~ Independent De,~e]_op~t~nt Co:p~ LT20 uraig ~. ~il.~ten, ~ire F~E A COM~AINT w/t~n ~y (20) d~ a~ ~ ~ature of Prott~no~ary or Deputy : ill~rig Ns NOT/CE of APPEAL. ONLY w~ ~ ~ ~F~T (~ ~. ~,C.~.J.P. ~. f~l(7~in ~ti~ ~f~ a~d~ ~e. NOr (.~. c~aC~h from co~oy of notre of appeal k:) be ~ u~ ~). ~chael ~ur~z Painting Contractor RUtEI To ~ehael Kurtz ~ainting Contractor ,~(s). (1) You am notified that a rule iS hereby e.tmed upon you to file a cornl~aint in this opped within twenty (20) days aftra the date of (2) ff y~ ~k~'~ot,f~e a complaint ~within this time. a JLIDGN~NT OF NON PROS WILL BE EI~TERED AG~NST YOU. of this rule ~ ser~?' was by mail is fhe date of ma~ing. AOPC 312-~0 COURT FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE 'TO FILE COMPLAINT COMMON WEALTH OF PENNSYLVANIA COUNTy O~ .Cnmh AFFIOAVIT: I hereby swear of affirm that l served ~ a copy )f ~e No ce el:Appea Cammo~; Pk~as SWORN (AFFIRME~)), AND SUBSCRIBED BEFORE Christine E. Hake, Notary Public York, York County My Commiseioo Expires Feb. 21,2005 Member, Penns~ve/~a A~socielion of Notaries MICHAEL KURTZ PAINTING CONTRACTOR Plaintiff INDEPENDENT DEVELOPMENT CORP. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-2312 CERTIFICATE OF SERVICE I hereby certify that on this date Notice of Praecipe to Enter Judgment of Non Pros (a copy of which is attached hereto) was served upon the Plaintiff in the manner indicated below: FIRST-CLASS MAIL, POSTAGE PREPAID THEREON, ADDRESSED AS FOLLOWS: Michael Kurtz Painting Contractor P.O. Box 11848 Harrisburg, PA 17108-1848 Countess Gilbert Andrews Dated: May 11, 2001 By: ~, Esquire MICHAEL KURTZ PAINTING CONTRACTOR Plaintiff INDEPENDENT DEVELOPMENT CORP. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-2312 NOTICE OF PRAECIPE TO ENTER JUDGMENT OF NON PROS To: Michael Kurtz Painting Contractor, Plaintiff P.O. Box 11848 Harrisburg, PA 17108-1848 Date of Notice: May 11, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A COMPLAINT IN THIS CASE. 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 RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN' GET LEGAL HELP. Lawyer Referral Service of The Cumberland County Bar Association The Cumberland County Bar Center 2 Liberty Avenue Carlisle, PA 17013 Telephone No. (717) 249-3166 (800) 990-9108 Cc: Independent Development Corp. Countess Gilbert Andrews ~Milsten, Esquire MICHAEL KURTZ PAINTING CONTRACTOR Plaintiff INDEPENDENT DEVELOPMENT CORP. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2312 CIVIL : : CIVIL DIVISION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITFEN APPEARANCE PERSONALLY OR BY AN 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 REQUESTEr) BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER PdGHTS IMPORTANT TO YOU. YOU SHOULD TAK_~; 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 El'ND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 MICHAEL KURTZ PAINTING CONTRACTOR ! 500 Crums?ill Road HARRISBUR(: PENNSY"L'~ANIA 17110 (717) 652-6504 MICHAEL KURTZ PAINTING CONTRACTOR THANK YOU IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL KURTZ PAINTING CONTRACTOR, Plaintiff INDEPENDENT DEVELOPMENT CORPORATION, Defendant No. 01-2312 Civil Civil Action - Law TO: NOTICE TO PLEAD Robert D. Kodak, Esquire Knupp, Kodak & Inblum, P. C. 407 North Front Street Harrisburg, PA 17108-1848 You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Countess Gilbert Andrews Dated: June [t7 ,2001 By: a~igR~. Milsten, Esquir~ Pa. Sup. Ct. ID No. 77065 29 North Duke Street York, PA 17401 (717) 848-4900 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL KURTZ PAINTING CONTRACTOR, Plaintiff INDEPENDENT DEVELOPMENT CORPORATION, Defendant No. 01-2312 Civil Civil Action- Law DEFENDANT'S ANSWER AND NEW MATTER AND NOW, comes the Defendant, Independent Developmem Corporation, by and through its attorneys, Countess Gilbert Andrews, and files the within Answer and New Matter to Plaintiff's Complaint: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Denied. The contract as attached to Plaintiff's Complaint as Exhibit "A" is a document which speaks for itself and therefore any characterization of such is denied, strict proof demanded at trial. Furthermore, it is denied that said contract was signed on December 2, 1998. 5. Denied. Admitted in part, denied in part. It is admitted that Plaintiff performed its work and that a balance remains unpaid. It is denied that Defendant is obligated at this time to pay Plaintiff because Defendant has not yet been paid by the Owner. 6. Denied. Paragraph 6 contains conclusions of law to which no responsive pleading is required. 7. Denied. Paragraph 7 contains conclusions of law to which no responsive pleading is required. To the extent that paragraph 7 contains any factual averments, said averments are denied. WltEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff. NEW MATTER 8. Defendant hereby incorporates paragraphs 1 through 7 of its Answer as though more fully set forth herein. 9. Defendant is required to make payment to Plaintiff only after receipt of its payment from the Owner. 10. Defendant has not yet been paid all sums due and owing by the Owner. 11. Accordingly, Plaintiff is not yet entitled to payment from Defendant as alleged in this matter. 12. Plaintiff's claims may be barred 13. Plaintiff's claims may be barred by release. by impossibility. 14. 15. 16. 17. 18. Plaintiff's claims may be barred by accord and satisfaction. Plaintiff's claims may be Plaintiff's claims may be Plaintiff's claims may be Plaintiff's claims may be barred by payment. barred by Plaintiff's wrongdoing. barred by estoppel. barred by waiver. WHEREFORE, Defendant respectfully requests that this Honorable Court enter judgment in its favor and against Plaintiff. Respectfully submitted, Countess Gilbert Andrews ,~. Milsten, Esquire Pa. Sup. Ct. ID No. 77065 29 N. Duke St. York, PA 17401 (717) 848-4900 June [~ ,2001 VERIFICATION I, the undersigned, Michael L. Yost, certify that I am empowered to verify this pleading on behalf of Independent Development Corporation. I hereby affirm that the facts contained in the foregoing Answer are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: June 1~ , 2001 INDEPENDENT DEVELOPMENT CORPORATION CERTIFICATE OF SERVICE I hereby certify that on June /~ , 2001, I served a true and correct copy of Defendant's Answer and New Matter to PlaintifFs Complaint by regular mail, postage prepaid, to: Robert D. Kodak, Esquire Knupp, Kodak & Inblum, P. C. 407 North Front Street Harrisburg, PA 17108-1848 Countess Gilbert Andrews ~~n, Esquire 29 N. Duke St. York, PA 17401 (717) 848-4900 Date: June ~q ,2001 MICHAEL KURTZ PAINTING CONTRACTOR Plaintiff INDEPENDENT DEVELOPMENT CORPORATION Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01~2312 CIVIL : : CIVIL ACTION - LAW PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, this //~j~ day of July, 2001, comes Plaintiff, Michael Kurtz Painting Contractor, by and through his attorney, ROBERT D. KODAK, ESQUIRE, KNUPP, KODAK & IMBLUM, P.C., and files the following Reply to Defendant's New Matter, as follows: 8, Plaintiff hereby incorporates Paragraphs 1 through 7 of his Complaint as if fully and at length set forth herein. 9. Admitted in part and denied in part. To the extent that Defendant takes the position that it is only required to pay Plaintiff after its receipt of payment from owner, that is a legal argument to which no responsive pleading is required. By way of further answer, the Defendant has, in fact, been paid by the owner and, therefore, is obligated to Plaintiff for the amount set forth in Plaintiff's Complaint. 10. Denied. Attached hereto and made a part hereof is correspondence from Counsel for the owner confirming that payment in full has been made to Defendant. 11. Denied. The response to Paragraph 10 is incorporated fully and at length herein. 12.-18. Denied. Said Paragraphs are legal conclusions to which no responsive pleading is required. WHEREFORE, Plaintiff respectfully requests that Judgment be entered in his favor and against Defendant as prayed for in his Complaint. Respectfully submitted, 407 North Front Street Post Office Box #11848 Itarrisbnrg, PA 17108-1848 (717) 238-7151 Attorney I.D. No. 15041 Attorney for Plaintiff F:\USER\BONN1E.IO\FORMS~)OC.: 12Jtd01 2 MATTHEW CHABAL, III DIR.F. CT DIAL; 717.237.5514 E-MAIL: chabalOduanemords, com June 30, 2001 DUANE MORRIS' A~I~ORNEYS AT LAW Robert D. Kodak, Esq. Knupp, Kodak & Imblum, P.C. Cameron Mansion 407 North Front Street P. O. Box 11848 Harrisburg, PA 17108-1848 Re: Michael Kurtz Painting Contractor/EIA Realty Company Your File No. 3-00-0237 Dear Bob: I have your June 22, 2001 letter. My client's position has not changed since you and I spoke some time ago. The general contractor on this project has been paid in full for all work performed, including the work performed by Michael Kurtz Painting Contractor. As I said, although we are sympathetic to your client's plight, it appears there is little we can do about it. We have contacted the general contractor to inquire into this matter, but have had no substantive response. With regard to the stipulation against liens, I am enclosing a copy as you requested. Please feel free to give me a call if you have any questions. Very truly yours, Matthew Chabal, 11/ MC:pzg Enclosure DUANE, MORRIS & HECKSCHER LL~ 305 NORTH FRONT STREET, 5 FLOOR, P.O, BOX 10 PHONE: 717.237,5500 /L~.X: 717.232.4015 I, MICItAEL KURTT,. vertf~ ~t ~he mtemenu made in the nforegoinI document arc true smd correet.! understand that hlse smmnents h~reJn sre md~ subjee~ to the penaltteo of 18 Ps. C. $. ~4~)4, reLuflna to umworn hlsification to authorities. Mlehte! IO'd ~0S9 ZS9 ~IX dgS:~O YO-~%-Ln~ CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that I have this date served a true and correct copy of the Plaintiff's Response to Defendant's New Matter in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: CRAIG R MILSTEN ESQUIRE COUNTESS GILBERT ANDREWS 29 NORTH DUKE STREET YORK PA 17401-1282 C. Robert D. Kodak 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney I.D. No. 18041 Attorney for Plaintiff ::\USER~BONNIEJO\FORMS\DOC.: 12Jul01