HomeMy WebLinkAbout11-8184COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of CUMBERLAND
FROM
MAGISTERIAL DISTRICT JUDGE JUDGMENT
I COMMON PLEAS No. f (-Ti n,
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 Magisterial District
Judge on the date and in the case referenced below.
NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ
Runts Paving 09-2-01 MDJ Paula P. Correal
90 Smith Road
Carlisle
PA
17013
DATE OF JUDGMENT IN THE CASE OF (PlaintiM (Defendant)
10/5/2011 Marty Russell V5 Runts Paving
MJ09201 CV882011
is required under Pa. I If appellant wai Claimant (see
Ole, "mss QVRL4W/1lNb
R.C.P.D.J. No. 1008B. v
This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED
operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty
(20) days after filing the NOTICE of APPEAL.
Signature of Prothonotary or Deputy
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 Magisterial District
Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon Marty Russell
appellee(s), to file a complaint in this appeal
?i Name of appellee(s)
(Common Pleas No. ?? s y ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signatu of appellant or attorney or agent
RULE: To Marty Russell 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 MAYBE ENTERED AGAINST YOU. /
(3) The date of service of this rule if service was by mail is the date of the mailing. Dp?U%?
Date:wt • 020
l ig ture of Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-05
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19/26/2011 08:59 FAX Q001/005
COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Ti"anscript CIVIL
COUNTY OF CUMBERLAND Case
Mag, Dist. No: MDJ-09-2.01
MDJ Name: Honorable Paula P. Correal
Address: 2260 Spring Road, Suite 3
Carlisle, PA 17013
Telephone: 717-218-5250
Runts Paving
90 Smith Road
Nemille, PA 17241-9506
Disposition Summary
MJ-09201-CV-0000088-2011
Judgment Summary
Partticioant
Runts Paving
PlAiutiff Q6 ndant
Marty Russell Runts Paving
JOint/Seye al Liability Individlitilill Liability
$0.00 $1,656.95
9[t Rot
$1,656,95
Judgment Detail ("Post Judgment)
In the matter of Marty Russell vs. Runts Paving on 10/05/2011 the disposition is Judgment for Plaintiff and judgment was awarded as
follows:
udament Component JolaVSeveral Li bA llity Inigiy dual Liability Deooslt Applied Moun
Civil Judgment $O.D0 51500,00 $1,500.00
Filing Fees $0,00 $156.95 $158,95
Grand Total: $1,656.98
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.
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Elate Magisterial District Judge Paula P. Correal
Date Magisterial District Judge Paula P. Correat
Marty Russell
V.
Runts Paving
Docket No: MJ-09201-CV-0000088-2011
Case Filed: 8116/2011
Disposition Dj6,ooaition Date
Judgment for Plaintiff 10051201 11
moil 315 Page 1 or 2 Printed. 1010512011 2:37:44PM
MARLIN E. RUSSELL, JR.
PLAINTIFF
vs
RUNT'S PAVING
DEFENDANT
PRAECIPE
TO THE PROTHONOTARY:
PLEASE REINSTATE THE ABOVE-CAPTIONED COMPLAINT.
/' 1,4 ? v ?_
MARLIN E. RUSSELL, JR.
DATE: JANUARY 17, 2012
David D. Buell, Prothonotary
Attorney Info:
20
Attorney for Plaintiff
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In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 2011 - 8184 Civil Term
MARLIN E. RUSSELL, JR. : IN THE COURT OF COMMON PLEAS OF
a/k/a MARTY RUSSELL
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
RUNT'S PAVING NO.2011- 8184 CIVIL TE RM
Defendant
To Defendant: RUNTS PAVING q-
90 Smith Road
Carlisle, PA 17013 -? o = c';
- -
51
To Attorney of Record: KATIE MAXWELL 1
Martson Law Offices
10 East High Street
Carlisle, PA 17013
Date of Notice: February 9, 2012
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 (10) 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(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.
By: 4 //Jl 414 #-
M in E. Russell, Jr.
a/k/a Marty Russell
1844 Basin Hill Blvd.
Carlisle, PA 17013
CERTIFICATE OF SERVICE
I, Marlin E. Russell, Jr., do hereby certify that I have served a true and correct copy of the
foregoing document upon the persons indicated below by first class United States mail, postage
paid in Carlisle, Pennsylvania 17013, on the date set forth below:
RUNTS PAVING
90 Smith Road
Carlisle, PA 17013
KATIE MAXWELL
Martson Law Offices
10 East High Street
Carlisle, PA 17013
Date: February 9, 2012
Marlin Russell, Jr.
a/k/a Marty Russell
1844 Basin Hill Blvd.
Carlisle, PA 17013
FAFILESUients\14528 Runts Paving\14528. Lans
Katie J. Maxwell, Esquire
Attorney I.D. No. 206018
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
MARLIN E. RUSSELL, JR.,
a/k/a MARTY RUSSELL,
Plaintiff
V.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 11-8184 CIVIL
RUNT'S PAVING AND EXCAVATING,
Defendant
ANSWER WITH NEW MATTER
TO: MARLIN E. RUSSELL, JR. a/k/a MARTY RUSSELL, Plaintiff
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED
NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT
MAY BE ENTERED AGAINST YOU.
AND NOW, comes the Defendant, Runt's Paving and Excavating, by and through its
attorneys, MARTSON LAW OFFICES, and in support of its Answer avers as follows:
1. Admitted. It is admitted that Plaintiff is Marlin Russell, Jr., and that Defendant is
Runt's Paving. Upon information and belief, it is believed that Plaintiff has filed the lawsuit due to
the business dealings it had with Runt's Paving in connection with Defendant paving Plaintiff's
driveway.
2. Admitted in part and denied in part. It is admitted to the extent that Plaintiff and
Defendant's relationship began when Defendant's company was hired to put base paving down at
Plaintiff's property. It is denied to the extent that Plaintiff alleges anything further occurred at that
time resulting in this lawsuit.
3. Denied. Defendant avers that it put the requisite amount of base blacktop down at
Plaintiff's property.
4. Denied. Defendant is without information sufficient enough to admit or deny the
allegations of this paragraph.
5. Denied. Defendant is without information sufficient enough to admit or deny the
allegations of this paragraph.
6. Denied. Defendant is without information sufficient enough to admit or deny the
allegations of this paragraph.
7. Admitted in part and denied in part. The averments of Paragraph 7 are admitted to
the extent that Defendant gave Plaintiff a receipt indicating that two inches of base were put down
on the driveway. The remaining averments of Paragraph 7 are denied.
8. Denied. Defendant is without information sufficient enough to admit or deny the
averments of Paragraph 8. To the extent that an answer is required, Defendant avers that it put the
requisite amount of blacktop down on Plaintiff's driveway.
9. Denied. Defendant is without information sufficient enough to admit or deny the
averments of Paragraph 9.
10. Denied. Defendant avers that it took all reasonable steps to property pave Plaintiff s
driveway.
11. Denied. Defendant is without information sufficient enough to admit or deny the
averments of Paragraph 11.
NEW MATTER
12. The answers to Paragraphs 1 through 11 are incorporated herein by reference.
13. At the time Defendant went to work at Plaintiff s home, Defendant notified Plaintiff
that it would not be able to properly pave the driveway unless Plaintiff removed the drain on his
driveway.
14. Plaintiff refused to remove this drain and Defendant was forced to pave around it to
this best of its ability.
15. Defendant repeatedly went to Plaintiff's home in an attempt to correct any of the
problems complained of by Plaintiff.
WHEREFORE, Defendant respectfully this Honorable Court to grant judgment in its favor.
MARTSON LAW OFFICES
/
/ 7- By t-6?,C
Katie ? J. ax ell, Esquire
Attorne . No. 206018
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
I
VERIFICATION
Katie J. Maxwell, Esquire, of the firm of MARTSON DEARDORFF WILLIAMS OTTO
GILROY & FALLER, attorneys for Defendant in the within action, certifies that the statements made
in the foregoing Answer with New Matter are true and correct to the best of her knowledge,
information and belief, based upon information provided by Defendant. She understands that false
statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller,
hereby certify that a copy of the foregoing Answer with New Matter was served this date by
depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as
follows:
Mr. Marlin E. Russell, Jr.
1844 Basin Hill Boulevard
Carlisle, PA 17013
MARTSON LAW OFFICES
By O
M. Price
e ast High Street
Carlisle, PA 17013
(717) 243-3341
Dated: 02 I/??
MARLIN E. RUSSELL, JR. : IN THE COURT OF COMMON PLEAS OF
a/k/a MARTY RUSSELL
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
RUNT'S PAVING NO.2011-- 8184 CIVIL TERM ,
Defendant --0:C
ANSWER TO NEW MATTER
Plaintiff, MARLIN E. RUSSELL, JR. a/k/a MARTY RUSSELL, respect ly s ibm s
this reply to the Defendant's New Matter:
13. Denied. Defendant did not notify Plaintiff about the need to remove the drain.
When Plaintiff asked Defendant about the drain, Defendant said they did not need to be moved
or taken out prior to paving.
14. Denied. Plaintiff asked Defendant if the drain should be moved. Defendant told
Plaintiff that the drains did not need to be moved because Defendant could pave around them.
15. Admitted in part, denied in part. It is admitted that Defendant returned one time
to fix the paving but made it worse. Despite repeated requests by Plaintiff to return again to fix
the paving, Defendant refused, so it is denied that Defendant returned more than once.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment
in his favor and against the Defendant.
Respectfully submitted,
By:
Marlin E. Russell, Jr.
a/k/a Marty Russell
1844 Basin Hill Boulevard.
Carlisle, PA 17013
Plaintiff
Date:
CERTIFICATE OF SERVICE
I, Marlin E. Russell, Jr., do hereby certify that I have served a true and correct copy of the
foregoing document upon the persons indicated below by first class United States mail, postage
paid in Carlisle, Pennsylvania 17013, on the date set forth below:
KATIE MAXWELL
Martson Law Offices
10 East High Street
Carlisle, PA 17013
Date:
?6-'-
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Marlin Russell, Jr.
a/k/a Marty Russell
1844 Basin Hill Blvd.
Carlisle, PA 17013
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARLIN E. RUSSELL, JR. a/k/a MARTY RUSSELL
Plaintiff NO.8184 CIVIL'
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vs.
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RUNT'S PAVING AND EXCAVATING
RULE 1312-1
Defendant'
C.: tV
The Petition for Appointment of Arbitrators shall be substantially in ttl
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Katie J. Maxwell, Esquire/Martson Law Offices , counsel for the plaintiff/defendant in the above
action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $.1,656,95
The counterclaim of the defendant in the action is N/A
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
Martson Law Offices
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully submitted,
Martson Law Offices,
By :
Katie J. b#ell, Esquire
ORDER OF COURT
AND NOW,
petition,
Esq., and
captioned action (or actions) as prayed for.
200 , in consideration of the foregoing
Esq., and
Esq., are appointed arbitrators in the above
By the Court,
Kevin A. Hess, P.J.
t?r,
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ws IF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARLIN E. RUSSELL, JR_ a/k/a MARTY RUSSELL
Plaintiff NO. 8184 CIVIL 1 ^;
VS.
CC)
RUNT'S PAVING AND EXCAVATING
RULE 1312-1
C-1 3,
Defendant 2_1
>c.: NO
The Petition for Appointment of Arbitrators shall be substantially in tfir
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Katie J. Maxwell, Esquire/Martson Law Offices , counsel for the plaintiff/defendant in the above
action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $1,656,95
The counterclaim of the defendant in the action is N/A
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
Martson Law Offices
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
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Respectfully submitted, F
Martson Law Offices - I'D
M r i
By;?
Katie J. a ell, Esquire _? rv
ORDER OF COURT
AND NOW, 200A in consideration of the fo uomg
petition, Esq., and
Esq., and Esq., are appointed arbitrators in the above
captioned action (Actions) as prayed for.
By the Court,
Kevin A. Hess, P.J.
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Cl ;' SSA j_r
eop;t'S ,?vic . ltd N/a?i?
J
MARTY RUSSELL IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 11-8184 CIVIL
RUNT'S PAVING AND EXCAVATING
Defendant
WAIVER
The undersigned waive the right to receive 30 days' notice of the May 23, 2012
arbitration hearing.
MARTSON LAW OFFICES
By
Kati J. maxwel Esq.
Attorney for R 's Paving and Excavating
Attorney I. D. N . 206018
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
By W M M us ll
1844 Basin Hill Boulevard
Carlisle, PA 17013
Date: X K 1'T/
Date: X
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Marty Russell In the Court of Common Pleas of Cumberland
Plaintiff
Runt's Paving and Excavating County, Pennsylvani
a No. 11 -8184 Civil
Defendant
Civil Action - Law.
Oath
We do solemnly swear (or affirm) th at we will support, obey and defend the Constitution o th United
and the Constitution o this Commonwealth and that we will discharge the duties of o r e ith fd lity.
A
k X
gna Signatu a
I Signature
Jeffrey N. Yoffe, Esq. A.ajer, Esq.
Marsha Alyssa H. Knisely, sq.
Name (Chairman) Name Name
Yoffe & Yoffe, P.C. K&L Gates, LLP Kope & Associates, LLC
Law Firm Law Firm Law Firm
2 Lemoyne Drive, Suite 100 17 North Second St., 18th Floor 395 St. Johns Church Road, Suite 101
Address Address Address
Lemoyne, PA 17043 Harrisburg, PA 17101-1507 Camp Hill, PA 17011
City, Zip - City, Zip City, Zip
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following
award: (Note: If damages for delay are awarded, they shall be separately stated.)
We f,4 ?n
-?-h e PI?i ?nt? Ff,
M.??,S? 1?•_k?l
f(A Vd! o f +f 62 06f6>041 t Gtv?d G y'q ',IS -t
trator, dissents. (Insert name if applicable.)
Date of Hearing:
DateofAward: S f 23?20?2- (Chairman)
Notice of Entry of Award
Now, the day of?! , 20 la , at /Z9-S_?, A .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: $ J1/lo . s?
-- _
r6Deputy
JiA?
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P,./< e
MARLIN E. RUSSELL, JR. : IN THE COURT OF COMMON PLEAS OF
a/k/a MARTY RUSSELL
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
RUNT'S PAVING NO.2011- 8184 CIVIL TERM
Defendant rv -a
PRAECIPE TO ENTER APPEARANCE Xc)
Dc= N r
To the Prothonotary:
Please enter my appearance on behalf of the Plaintiff, Marlin E. Russell, Jr., in the above
captioned case.
Respectfully Submitted,
IRWIN & McKNIGHT, P.C.
Matthew A. McKtght, Esquire
Supreme Court I.D. No. 93010
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Date: June 29, 2012
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe to
Enter Appearance has been duly served upon all counsel of record and parties of interest
by depositing the same in the United States mail, first class, postage prepaid, in Carlisle,
Pennsylvania, on this 29th day of June, 2012, addressed as follows:
Katie Maxwell, Esquire
Martson Law Offices
10 East High Street
Carlisle, PA 17013
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MARLIN E. RUSSELL, JR.
a/k/a MARTY RUSSELL
Plaintiff
V.
RUNT'S PAVING
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.2011- 8184 CIVIL TERM c -:
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NOTICE OF APPEAL zo Z
FROM AWARD OF BOARD OF ARBITRATORS
TO THE PROTHONOTARY:
Notice is given that Marlin E. Russell, Jr. appeals from the award of the board of
arbitrators entered in this case on May 23, 2012.
A jury trial is demanded !(Check box if a jury trial is demanded. Otherwise
jury trial is waived.)
I hereby certify that
1. the compensation of the arbitrators has been paid.
Appellant or A ney for Appellant
Matthe A. McKnight, Esq.
NOTE: The demand for jury trial on appeal from
compulsory arbitration is governed by Rule
1007.1 (b).
(b) No affidavit or verification is required.
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