HomeMy WebLinkAbout11-3096COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. / I -301& cr"t,
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.
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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.
was Claimant I (see
action
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the NOTICE of APPEAL.
so-t- d p-h-dwy a WpAy
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
C
Enter rule upon A ? / f,? L A ?(i/
appellee(s), to file a complaint in this appeal
Name of apWw(s)
(Common Pleas No. CN;" J ) within twenty (20) days after of rule o suffer n of ju ent of non pros.
Of appellant or attorney agent
RULE: To o ,? „appellees)
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 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: 7 20 //
W w a? " svw- of Pro# ry a Dvw
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 SERVI OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service PIi1ST BE FILED IM1141IN ZEN (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 , 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 affiant
Signature of official before whom affidavit was made
Title of official
My commission expires on 20
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COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil
COUNTY OF CUMBERLAND Case
Mag. Dist. No: MDJ-09-1-01
MDJ Name: Honorable Charles A. Clement Jr.
Address: Olde Towne Commons
400 Bridge Street, Suite 3
New Cumberland, PA 17070
Telephone: 717-774-5989
Russell J. Jones Jr.
45 Fisher Road
York Haven, PA 17370-9756
Disposition Summary
Docket No
MJ-091 01 -CV-0000669-201 0
Judgment Summary
Participant
Russell J. Jones Jr.
Darryl C Moyer Jr.
V.
Russell J. Jones Jr.
Docket No: MJ-091 01 -CV-0000669-201 0
Case Filed: 12/17/2010
Plaintiff Defendant Disposition Disposition Date
Darryl C Moyer Jr. Russell J. Jones Jr. Default Judgment for Plaintiff 02/15/2011
Joint/Several Liability Individual Liability Amount
$0.00 $8,148.25
$8,148.25
Judgment Detail (`Post Judgment)
In the matter of Darryl C Moyer Jr. vs. Russell J. Jones Jr. on 2/15/2011 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 $8,000.00 $8,000.00
Costs $0.00 $148.25 $148.25
Grand Total: $8,148.25
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
JJDC-ME:+1T/TRANS.CRIPT,..FORM,IAIITH.YCUR-NOT!CS Or AI?PEAL =. _.
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.
2/15/201
Date Magisterial District Judge Charles A. Clement Jr:?J
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date Magisterial District Judge Charles A. Clement Jr.
MDJS 315 Page 1 of 1 Printed: 02/15/2011 11:28:21AM
I? EU-OFFICE
7010 0290 0001 5586 0389E ?'(? NONOTAI
LC11 HARK 29 Ali li= 29
CUMBERLAND COUNTY
PENNSYLVANIA
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 u`a A ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas// -36ho , upon the District J stice designated therein on
(date of service) 20 / (] by personal service d `by (certified) (registered) mail
sender's receipt attached hereto, and upon t'he_appellee, (name) /1",A._7_A
i /t1L 20 t?
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIB D BEFORE ME
THIS DAY OF ?l c 20 1/
Sig ature of official before whom affidavit was made
? by personal service C by (certified) (registered) mail,
Signature of affiant
P liillu,L
Title of official
My commission expires on I 2 Z"?
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
NOTICE OF APPEAL
FROM
DISTRICT OU;STIFE JUDGMENT
Wo Pti ta:eg No. I + ° 4P i '(e
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.
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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
SUPERSEDERS to the judgment for possession in this case.
sfprotun? a/PropwnoWy - DOPW
L, 94
was Claimant I (see Pa. R.C.P
- 1.4
U
action
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after fling 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
z Aw ??-/
appellee(s), to file a complaint in this appeal
Name of appe96e(s)
(Common Pleas No. ithin twenty (20) days after of rule suffe n of j t of non pros.
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of sppaaer?I oratlomay orag#W
RULE: To " appefbe(s)
t? ar+iPPeNe+fs)
(1) You are notified that a rule is hereby orttered upon you to file a complaint in this appeal within twenty (20) days after thedate of service
of this rule upon you by peel service or by oerWW of registered map.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) T*date of service of this rule if service was by mail is the date of the mailing. 1
Date 'too 4'. ' . 20 of oraW*
r
YOU'Iiilt)8 'PLUQE A dOPY OF Tf* NOTICE OF .fUDt$MEN TITR I T FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHfrE - COURT FILE TO BE FILED WR•H PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANTS COPY
PINK - COPY TO 13E 59RVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE
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April 7, 2011
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Last summer while boating and socializing I became friends with Russell Jones Jr.
(Rusty).
Upon talking one day, I told him I was going to put a new kitchen in.
He told me he did this kind of construction work and was laid off and could do it cheep
for me.
I gave Russell A check for $2500.00 to get started. He told me it would be a week or two
before He could start and that a friend Brad had a job to finish first and that his friend
Brad would be helping him.
I said ok. A week later they got started and claimed they needed more money.
I talked to my dad (Darryl Moyer Sr) and he gave me a check for 9,000.00 on August 14,
2010.
I met with Rusty and gave him the check for 9,000.00.
He later told my cousin and me that this would probably finish the kitchen.
I asked them before they even got started if we would need a building permit they said
"NO" because we were only renovating. Guess what? September 8, 2010 a building
inspector showed up.
He said "Yes" we did need a building permit because we tore down brick walls.
I went up to the Borough of New Cumberland on September 15, 2010 and applied for
building permit.
The building inspector told Rusty on September 8, 2010 he needs a beam to attic and
roof.
On September 20, 2010 building inspector returned to job site for framing and rough-in
inspection and inspect beam, Rusty not on site and beam not installed.
October 6, 2010 building permit issued. October 11, 2010 building inspector returned to
site to see 2x 10 beams notched and sitting on stud walls - not supported to foundation.
Wiring pinched between beams and existing construction so- beam failed! Meanwhile
this whole time Rusty and partner were only working 2-3 hrs a day I started getting upset.
My father goes past my house everyday at 11:00 am partner and Rusty is not working. My
father said and I agreed Rusty should show me some receipts. Rusty told me he got rid of
partner Brad. I said fine.
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October 10, 2010 I met with a contractor Tony Simmons and explained the
situation of what was going on. He said fine he would help. Rusty would only work 2-3
hrs a day.
Tony looked over every thing and picked out sloppy work that Rusty had done.
1. Kitchen floor (sub floor is off 1/2" on one side and % "on other.
2. Beams not braced under flooring.
3. Walls are not square (counter person had to recut counters.
4. Insulation should have been put in flooring before sub- floor put in.
5. Beam had to be torn out due to inspector failing it.
6. Sliding door wasn't installed properly.
Oh yea and by the way on September 30, 2010 Rusty needed more money. He and I got
into a heated argument but I gave him another 3,000.00.
The only work I got done since I gave him the 3,000.00
Was the dry wall painted?
On October 13, 2010 I get a letter in my mailbox stating Rusty is done working on the
house "Let the kid do it. I was actually very glad to get rid of him.
I called him and said what about all the money I gave you up-front to do the complete job.
He said he would have to figure out how much he owed me back. On October 18 he gives
me a check for 1500.00. I called and told him I wanted the rest of my money back and
want to see all the receipts. He wouldn't give it.
I then told D.J. Chuck Clemant what happened he said I shouldn't cash the check because
this would make it seem I accepted his offer.
I sent a registered letter on November 1, 2010 stating I didn't accepted his offer of
$1500.00 and wanted at least $8,000.00 back.
We went to a meeting in early December 15, 2010 with 2 mediators from Neighborhood
Dispute Settlement. Most of the questions that were ask by the mediators to Rusty he was
not able answer or he would guess. Rusty got upset and walked out in the middle of the
meeting. Very childish! !
On December 22, 2010 I went down and filed charges with Charles Clement. We had a
hearing set up for February 15, 2011. I had witnesses with me (my girl-friend Annette
Barton and Tony Simmons) the guy who finished the kitchen.
We gave Rusty till 11:15 at the fearing on February 15, 2011 and Rusty is a No show -
didn't call or nothing Charles ruled in my favor. I didn't hear that Rusty appealed it which
by the way he waits till March 27, 2011 to appeal it. Nice!
So here we are at this point I am filing a complaint and hope no one else has to go
through what I've been through.
I want paid $ 8,000.00 and $148.25 court cost. I would like to be made whole any
other expenses that might occur.
Russell Jones Jr doesn't have contractors license and was receiving un- employment the
whole time he was working!
One week he didn't work because the electrician was there and another because the dry
wall finisher was there. Every time I asked for a contract in writing he would say he
didn't know how my money stuff costs or change the subject. I see why! I hope no one
else gets scammed or ripped-off like I did.
Thank you,
Darryl Moyer
(,t)4
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MICHAEL L. BANGS, ESQUIRE
I.D. No. 41263
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
ATTORNEY FOR PLAINTIFF
DARRYL C. MOYER, JR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
RUSSELL J. JONES, JR.
Defendant
NO. 2011 - 3096 CIVIL
CIVIL ACTION - LAW
NOTICE
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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 PAPERS 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
Telephone: (717) 249-3166
(R)
4
MICHAEL L. BANGS, ESQUIRE
I.D. No. 41263
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
ATTORNEY FOR PLAINTIFF
DARRYL C. MOYER, JR.,
Plaintiff
vs.
RUSSELL J. JONES, JR.
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2011 - 3096 CIVIL
CIVIL ACTION - LAW
COMPLAINT
AND NOW comes the Plaintiff, DARRYL C. MOYER, JR., by and through his attorney,
Michael L. Bangs, Esquire, and files the Complaint based upon the following:
1. Plaintiff, DARRYL C. MOYER, JR., is an adult individual who resides at 423 Sixth
Street, New Cumberland, Cumberland County, Pennsylvania.
2. Defendant, RUSSELL J. JONES, JR., is an adult individual who resides at 45 Fisher
Road, York Haven, York County, Pennsylvania.
3. In the late summer of 2010, the Plaintiff became acquainted with Defendant who
represented himself to be a contractor.
4. In the course of discussing certain renovations that Plaintiff was planning to do to his
kitchen, Defendant indicated that he had the ability to complete the kitchen work.
5. When Defendant made a claim that he was a contractor, he was not registered with the
State of Pennsylvania as a contractor under the Pennsylvania Home Improvement Consumer
Protection Act.
1
6. Plaintiff planned to renovate his house so as to install a new kitchen, including
affixing a partial addition to Plaintiff's residence.
7. Defendant reviewed the project and indicated he had the necessary experience and
ability to complete the project and indicated the cost would be $14,500.00.
8. The work included, but was not limited to, a tear out of the existing kitchen; extension
on to the residence; all hardwoods and linoleum; all countertops; all electrical work; all plumbing
work; all cabinetry; all siding and ceiling work, and all painting.
9. Defendant requested that the Plaintiff provide him with an initial check of $2,500.00
in order to get started and Plaintiff provided him with that check.
10. After commencing work on the project, Defendant then requested Plaintiff provide
him with another check of $9,000.00 because he needed additional funds to move forward.
11. On or about August 14, 2010, Plaintiff provided Defendant with an additional check
of $9,000.00.
12. Defendant provided Plaintiff with no written contact in violation of the Pennsylvania
Home Improvement Consumer Protection Act.
13. Defendant initially indicated that Plaintiff did not need a building permit because
they were only renovating.
14. On or about September 8, 2010, a building inspector showed up and the job was shut
down because a building permit was necessary.
15. A building permit was then issued on October 6, 2010.
2
16. On or about September 30, 2010, Defendant indicated that he needed additional
funds in order to continue working and Plaintiff provided him with an additional $3,000.00 so
that by September 30, 2010, Defendant had all the funds to complete the project.
17. The Defendant indicated that the project would be completed within thirty days.
18. On or about October 11, 2010, the building inspector reviewed the work and found
numerous problems including the improper installation of the beam; problems with the wiring
and other deficiencies with the work.
19. On October 13, 2010, Defendant dropped a letter in Plaintiff s mailbox indicating he
was stopping work on the project.
20. Plaintiff contacted Defendant to request the return of the money and Defendant
indicated that he would only pay Plaintiff $1,500.00 back of the deposit.
21. Plaintiff contracted with someone else to redo and complete the work started by
Defendant.
22. The work that Defendant was originally contracted to do has been completed and
Plaintiff paid a total of $12,500.00 to complete that work.
COUNTI
BREACH OF CONTRACT
23. The averments of Paragraphs 1 through 22 are incorporated herein by reference as
though more fully set forth herein.
24. Defendant agreed to complete certain work, specifically a kitchen renovation, for
Plaintiff for a total cost of $14,500.00 and to be completed within ninety days.
3
25. The work performed by Defendant for Plaintiff was not in accordance with the
applicable building codes.
26. The work performed by Defendant was deficient and done in an unworkmanlike
fashion which included, but was not limited to, the following:
A. The improper installation of the supporting beam;
B. The improper wiring;
C. The kitchen subfloor was not level;
D. The beams were not braced under the flooring;
E. All that walls that were installed are not square; and
F. The siding under the sliding door was not installed properly.
27. Defendant had a duty to complete the work in accordance with applicable building
codes and in a good and workmanlike fashion.
28. Defendant breached the contract by his failure to complete the work in accordance
with applicable building codes and in a good and workmanlike fashion; and by his failure to
finish the project.
29. Plaintiff was required to hire another contractor to complete the kitchen renovation
work started by Defendant.
30. Plaintiff has been damaged in the amount of $12,500.00 which represents the amount
of funds that he was required to spend to complete the work that was to be performed by
Defendant.
4
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$12,500.00, plus interest, plus costs of suit.
COUNT II
VIOLATION OF UNFAIR TRADE PRACTICES ACT
31. Paragraphs 1 through 30 are incorporated herein by reference as if more fully set
forth herein.
32. Under the Pennsylvania Home Improvement Consumer Protection Act, the
Defendant is required to be a registered contractor with the State of Pennsylvania before doing
renovation work of the type as set forth in this Complaint.
33. Defendant is also required to use a written contract with the Plaintiff for the
renovation work which is the subject of this Complaint.
34. Defendant also violated the Act by demanding the total costs of the project before it
was completed.
35. The violation of the Pennsylvania Home Improvement Consumer Protection Act is a
per se violation of the Unfair Trade Practices Act.
36. Plaintiff has incurred damages in the amount of $12,500.00 which represents the
amount that he had to pay to complete and repair the work performed by Defendant.
37. Plaintiff is entitled to treble damages as a result of Defendant's actions in violating
the Pennsylvania Home Improvement Consumer Protection Act under the Unfair Trade Practices
Act.
5
38. Plaintiff has hired Michael L. Bangs, Esquire, at the rate of $225.00 per hour to
pursue the claim against the Defendant.
39. Plaintiff is entitled to reasonable attorney's fees against the Defendant under the
Unfair Trade Practices Act and Pennsylvania Home Improvement Consumer Protection Law.
WHEREFORE, Plaintiff demands judgment against Defendant in the amount of
$37,500.00, plus reasonable attorney's fees, plus costs of suit.
Respectfully submitted,
7
MICHAEL L. BANGS
Attorney for Plaintiff
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
6
VERIFICATION
I hereby verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section
4904, relating to unsworn falsification to authorities.
Date:??(?
DARK MOYER, JR.
7
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronrly R Anderson
Sheriff
C. 4,. r
tom,
OFF CE OF' 1E SrERIFF
FILED-OFFICE
OF THE PROTHONOTARY
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
'2011 AUG 29 AM 8: "2
CUMBERLAND COUNTY
Darryl C. Moyer, Jr.
vs.
Russel J. Jones, Jr.
Case Number
2011-3096
SHERIFF'S RETURN OF SERVICE
08/01/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Russel J. Jones Jr., but was unable to locate him in his
bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint
and Notice according to law.
08/15/2011 11:00 AM - York County Return: And now August 15, 2011 at 1100 hours I, Richard P. Keuerleber, Sheriff
of York County, Pennsylvania, do hereby certify and return that I served a true copy of the within
Complaint and Notice, upon the within named defendant, to wit: Russel J. Jones Jr. by making known
unto Suzzane Jones, Wife of Defendant at 45 Fisher Road, York Haven, Pennsylvania 17370 its contents
and at the same time handing to her personally the said true and correct copy of the same.
SHERIFF COST: $37.00
August 25, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
j0) County5uite Shenff Teic+osoft. Inr.
SHERIFF'S OFFICE
Richard P Keuerieber
Sheriff
Reuben B Zeager
Chief Deputy, Operations
PETER J. MANGAN, ESQ.
Solicitor
Richard E Rice, II
Chief Deputy, Administration
DARRYL C. MOYER, JR.
Vs.
RUSSELL J. JONES, JR.
SHERIFF'S RETURN OF SERVICE
Case Number
2011-3096 CIVIL
08/15/2011 11:00 AM - DEPUTY TODD STAHL, BEING DULY SWORN ACCORDING TO LAW, SERVED THE
REQUESTED COMPLAINT IN CIVIL ACTION (CICA) AND NOTICE BY HANDING A TRUE COPY TO A
PERSON REPRESENTING THEMSELVES TO BE SUZZANE JONES, SPOUSE, WHO ACCEPTED AS
"ADULT PERSON IN CHARGE" FOR RUSSELL J. JONES, JR. AT 45 FISHER ROAD, YORK HAVEN,
PA 17370.
SHERIFF COST: $82.96
August 18, 2011
SO RS,
--
RICHAk15 P KELIEFRI-EBER, SHERIFF
COMMNWEALTH OF PENNSYLVANIA
NotaHel Seal
Kri" Stambaugh, Vary Public
aY or Yak, York County
E Comm"on
M 17 2015
VANL1
--------------- ----------------- - ----------- --------------- ------ -----
NOTARY
Affirmed and subscribed to before me this
18TH day of AUGUST
2011 Ca. kz?
(c) CountySuite Sheriff, Teleosoft nc
A
'YORK COUNTY
MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF
I.D. NO. 41263
429 SOUTH 18TH STREET
CAMP HILL, PA 17011
717 730-7310
DARRYL C. MOYER, JR., ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs. )
NO. 2011-3096 CIVIL TERM
-?? --
RUSSELL J. JONES, JR., CIVIL ACTION
rnw ?„
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Defendant
TO: RUSSELL J. JONES, JR.
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DATE OF NOTICE: September 23, 2011 =C)
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IMPORTANT NOTICE 77
Required by Rule 237.1(a)(2)
ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
YOU
CE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
APPEARAN
R DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
COURT YOU
YOU.
UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
T MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
JUDGMEN
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
LOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
FOL
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
1 4j
M CHAEL L. BANGS
Attorney for Plaintiff
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. IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVAMA
Darryl C. Moyer, Jr. :
Plaiptiff : No.3096 Civil 2011
r.
VS.
Russell J. Jones, Jr.
Defendant
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially m tli~ r\) -
Following form:
~ PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THF JUDGES OF SAID COURT:
Michael L. Bangs, Esquire , cc,iansei for the plaintiif/de€endant- in the above
action (or actions), respectfully represents thar
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $ 37,500.00 '
The counterclaim of the defendant in the action is _
'The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
Michael L. Bangs, Esquire
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully submitted,
ORDER OF COURT 'f
AND NOW, 200_ , in consideration of the foregoing
petition. Esq., and
Esq., and Esq., are appointed arbitrators in the above
captioned action (or actions) as prayed for.
By the Court,
Kevin A. Hess, P.J.
ay00 rd
io~~?
~~66~~
Ti
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Darryl C. Moyer, Jr.
- Plaintiff Np.3096 ,Civil 2011
VS.
( '1
Russell J Jones, Jr. W ) ` '
Defendant ?- ` -?
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF S.A ID COURT:
Michael L. Bangs, Esquire , counsel for the plaintiff/de€en4mt- in the above
action (or actions), respectfully represents than
1. The above-captioned action (or actions) is (are) at issue.
The claim of plaintiff in the action is $ 37,500.00
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualisii
as arbitrators
Michael L. Bangs, Esquire
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrato>? = =
whom the case shall be submitted. 5c-
` ?
Respectfully submitted, 71
ORDER OF COURT
AND NOW, 20SI p, jin consideration of the fpetition. Esq., and /i j•Ga? Q -
Esq., and _ , ?--- Esq., are appointed arbitrators in the above
captioned action (or actions) as prayed for.
By the Court,
Kevin A Hess. P.J.
CN 00 Id /14?
t;;# 10t778
1--TI
DARRYL C. MOYER, JR. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
NO. 11-3096 CIVIL
RUSSELL J. JONES, JR.,
Defendant
ORDER
AND NOW, this 2-r' day of March, 2012, the appointment of Andrew Shaw,
Esquire, as a member of the Board of Arbitrators in the above-captioned case is VACATED.
Andrea Shaw, Esquire, is appointed in his place.
BY THE COURT,
Hess, P. J.
Douglas Marcello, Esquire
Chairman ' r--
`-a r
Andrea Shaw, Esquire rri
;
c
`-
_
Court Administrator r- =T--
Arn
0,0r.fs
e-e
P
?uSSP(??. ?kIF r. JY-
De enf dant
In The Court of Common Pleas of Cumberland
County, Pennsylvania No. J( Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support; obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
with "C'eli
S ignatur
Nam (Chairman)
M?-•c?ll? s(C?'???Ir?? LLc
Law Firm
Signature Signat re
Name Name
WL-) 2x2!' (IT?I![?I If?t1•? G1 cl() C SL R(/
Law Finn Law Firm
I}aa wa/,„.Jr' la0h?v,,, r2? ?.Fe 31/ ?iK ??Gtf' ? ale 1J ky. a?vy? ' ?r
Address Address - Address
"cx F? /7'a 1 ?' /.,?o'51(j M o ,/.3 Gai 1?s? P,A /-70 3
City, Zip City, Zip City, Zip
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
followinc, award: ('Note: If damages for delay are awarded, hey shall be separately stated.)
(t / 1y 4-9 7 9'4 ri ?,,c..,CLCA frn ?(Ct"LA1 ;'
. Arbitrator, dissents. (Insert name if applicable.)
Date of Hearing: iO /
Date of Award: 3;14d)/
Notice of Entry of Award
Now, the 311 day of /i? a,?1 , 20 /?,) , at / / .M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $ 06..Sl'
Prothonotary Deputy
"'EARNS YSANY'
?? ?ia.
e-s <nu. lere
T
MICHAEL L. BANGS, ESQUIRE
I.D. No. 41263
429 South 18~' Street
Camp Hill, PA 17011
(717) 730-7310
DARRELL C. MOYER, JR.,
Plaintiff
vs.
RUSSELL J. JONES, JR.,
Defendant
TO THE PROTHONOTARY:
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, ~-~ ,.
,'
PENNSYLVANIA
~ ,
N
~
NO. 11-3096 ~~
r ~ ~~
...~i
D w ~,~
~
CIVIL ACTION -LAW C~ -v z
~
~ t..~
xo ~ ;
c~-,
~~
PRAECIPE ~' ~ ~'"
.~-
Please take judgment in favor of the Plaintiff and against Defendant on the Award of
Arbitrators attached in the amount of $12,897.96.
Respectfully submitted,
Date: ~ o~/ ~i ~-
BANGS LAW OFFICE, LLC
MICHAEL L. BANGS
Attorney for Plaintiff
C~~ ~ ~ u(c
~h 9 ~~~d
r
>aY~w ~ ~. ~GK~ T
Pl tiff
Defendant
In The Court of Common Pleas of Cumberland
County, Pennsylvania No. ) i -~, OQ'(
Civil Action -Law.
Oath
~,Ve do solemnly swear (or affirm) that we will support; obey and defend the Constitution of the lini
States and the Constitution of this Commonwealth and that we w•i11 discharge the duties of our office
with fideli
S ignatur
Nam (Chairman)
N1t.•.ce l l~ F(C-' ~~ ~ Ir~
Law Firm
~ ~ ~~
Signature Si_nat re
~~r~c~1,,~_ rug ~,
Name /[~~t~t~~ ~ ~G~
Name
Law Firm Law Firm
12ao wal~~eFa,,,, ~~ SK.~e 3~/ ~.c~ ~ ~n~ ,. = ~ J1 ~.
,. ~ ~m 5~, 5;;.
Address Address Address
~~„l~ c~,. ~~ lea 1 ~" (~'c('l,~lE. ~~ l~~13 Gay I -'sC~ ('~ / ;
City, Zip Cit;~, Zip Cit<~, Zip
A~•ard
~,Ve; the undersigned arbitrators; having been duly appointed and sworn (or affirmed), make the
following award: (l~'ote: If damages for delay are awarded; hey shall be separately stated.}
. Arbitrator, dissents:-{Insert name if applic
Date of Hearing: ~O
r `(Cho'
Date of Award: /~ /' ' ~ 1
Notice of Entry of A~ti•ard
~:~ ,:
Now, the ~~~ day of ~1 Gtti ~, 20 %~ , at ~~'~10 , /`' ,M., the above award
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: S ~//~. S'l'
I
Prothonotary
TRUlrCOPY-FROM ^~4
Ifl Testimony whereof, I here onto s
end itN foal of said Court at Ca isl
This ~~,U_~daY o{ ~,
13
C~O
t my hand
Pa.
!p ~~
1VIICHAEL L. BANGS, ESQUIRE
BANGS LAW OFFICE, LLC
I.D. No. 41263
429 South 18`" Street
Camp Hill, PA 17011
(717)730-7310
DARRELL C. MOYER, JR., )
Plaintiff )
vs. )
RUSSELL J. JONES, JR., )
Defendant )
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 11-3096
CIVIL ACTION -LAW
ADDRESS CERTIFICATION .
~
~ ~~ T
I hereby certify that the addresses of the Plaintiff and Defendants are as follq~
s. -~;
~~
x ~
`~ c~i ~
y
Plaintiff: Darrell C. Mo er, Jr. ~a ~ ~ ~~
423 6th Street c o
New Cumberland, PA 17070 ~o
~~ ~ o
Defendant: Mr. Russell J. Jones, Jr. ~ ~
45 Fisher Road
York Haven, PA 17370
MICHAEL L. BANG
Attorney for Plaintiff
~_ _
MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF
BANGS LAW OFFICE, LLC
I.D. No. 41263
429 South 18~' Street
Camp Hill, PA 17011
(717) 730-7310
DARRELL C. MOYER, JR., ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs. )
NO. 11-3096
RUSSELL J. JONES, JR., )
Defendant ) CIVIL ACTION -LAW
NOTICE PURSUANT TO RULE 236
TO: RUSSELL J. JONES, JR., Defendant(s)
You are hereby notified that on ~~'j • ~~ , 20 (~ the following
(Judgment) (Order) (Decree) has been entered against yo the ve- 'oned case:
$12,897.96.
DATE: ~ ~-
Prothon
I hereby certify that the name and address of the proper person(s) to receive this notice
Russell J. Jones, Jr.
45 Fisher Road
York Haven, PA 17370
A: RUSSELL J. JONES, JR., Defendido/a o Defendidos/as
Por este medio se le esta notificando que el de de120
el/la siguiente (Orden) (Decreto) (Fallo) ha sido anotado en contra suya en el caso mencionado
en el epigrafe: $12,897.96
FECHA:
Protonotario
Certifico que la siguiente direccion es la del defendido/a segun indicada en el
de residencia:
Russell J. Jones, Jr.
45 Fisher Road
York Haven, PA 17370