HomeMy WebLinkAbout12-0290COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. ?° ° ?? w
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 D.J.
UT
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nATF nG 11 trV ?IFAIT
- - ........ ,....,? ... ?..o.......? ; leer naanq
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.
SOmtwe of PkAlm Lary or DV*
was Claimant
ivo. 11101(6) ?n action
before 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. 11101(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
appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. within t ?,? . ) twenty (20) days after service of rule or s
uf*r entry of judgment of non pros.
r 1 5 / Signature of appellant or atfomey or agent
RULE: To 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 ftle•a complaint-within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of servile of this rule if service was by mail is the date of the mailing.
rt.
•? w
Date:
Signature o/ froth ry or pufy
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
F IL D-O I° j( L
fHF PROT OROTAi,,
2912 FEB - ! Ate 10: 45
CUMBERLAND COUNT' 1 "
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 PyENN' YLV IA
COUNTY OF Y-f! ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
r? _ ?QD
a copy of the Notice of Appeal, Common Pleas lY) upon the District Justice designated therein on
(date of service) 2'7 20 z by personal service ? by (certified) (registered) mail,
senders receipt attached hereto, and upon the appellee, (name) 61, on
r 3C? .20 1,7 ? by personal service by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (A?FIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF 20 /Z .
4 9 za*?
Signatur o 'Gat before w om alfidA was made .,l
Title of official
f?
Signature of affiant
My commission expires on 20
?
t!? N
5:c-
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r
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)
HARRY CUPP,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
t-
..
12- 290 :7 j
7-,
CIVIL ACTION - LAW
VS.
JESSE MONISMITH, individually,
trading and doing business as
MONISMITH ELECTRICAL,
CONTRACTOR,
Defendant
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 ASSOCIA'T'ION
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
(717) 249-34
By:
ljlI?TDREW C. SHEELY I Es ire
Attorney for Plaintiff
Pa. I.D. No. 62469
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
(•117) 697-7050
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)
HARRY CUPP,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
12- 290
CIVIL ACTION - LAW
VS.
JESSE MONISMITH, individually,
trading and doing business as
MONISMITH ELECTRICAL,
CONTRACTOR,
Defendant
COMPLAINT
Plaintiff, Harry Cupp, by and through counsel of Andrew C.
Sheely, Esquire, hereby files this Complaint and respectfully
states as follows:
1. Plaintiff, Harry Cupp, (hereinafter referred to as
"Plaintiff") is an adult individual residing at 5124 Ravenwood
Road, Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant Jesse Monismith (hereinafter referred to as
"Defendant Monismith Electrical. Contractor") is an adult
individual who trades and does business as Monismith Electrical
6020 Blue Mountain Trail Road, Enola, Pennsylvania.
3. Plaintiff purchased rea. estate and improvements thereon
located at 200 East Simpson Street,. Mechanicsburg, Pennsylvania
(hereinafter referred to as "property,") can or about February 9,
2011.
4. Thereafter, Plaintiff a .s canta.c .ed by Defendant
Monismith Electrical Contractor: sraho advised Plaintiff that
Defendant Monismith Electrical Contractor was capable of
performing certain electrical work at the property for the
benefit of Plaintiff.
5. Specifically, Defendant Mon.i.srrLth Electrical Contractor
verbally advised Plaintiff_ that Defendant Monismith Electrical
Contractor would install a new panel box end seoarate wining
between the first and second floor so that Plaintiff could use
the property for two rental properties
6. Prior to commencing the proposed electrical work,
Plaintiff paid Defendant Monismith Elect-i_cai Contractor an
amount of $500.00 as a deposit.
7. At all relevant Limes herein, Plaintiff believed that
the work verbally proposed ny Defendant Monismith Electrical
Contractor would not exceed $3,000.00.
8. At all relevant times herein, Plaintiff believed that
the work verbally proposed by Defendant. Mon]-smith Electrical
Contractor would be completed with-i..n a reasonable period of time
prior to the end of March 2011.
9. At all relevant times herein, Defendant. Monismith
Electrical Contractor did not register the name Monismith
Electrical Contractor as a fictitious name with the Department
of State as required by law.
10. At all relevant times herein, Defendant Monismith
Electrical Contractor did not register as a contractor with the
Bureau of Consumer Protection of the Pennsylvania Attorney
General.
11. At all relevant times herein, Defendant Monismith
Electrical Contractor did not provide Plaintiff with a written
contract prior to or during the work performed by Defendant
Monismith Electrical Contractor.
12. Defendant Monismith Electrical Contractor commenced
work at the property in late February 2011.
13. Defendant Monismith Electrical Contractor did not
complete the work until late August of 2011.
14. Defendant Monismith Electrical Contractor employed
unknown workers while working at the property through August of
2011.
15. During the course of construction, Defendant Monismith
Electrical Contractor damaged walls and drywall to the extent
that Plaintiff was required to employ third parties for the
purpose of correcting damages caused by Defendant Monismith
Electrical Contractor.
16. Defendant Monismith Electrical Contractor failed to
complete the work with in a reasonable period of time.
17. Defendant Monismith Electrical contractor demanded and
Plaintiff paid an additional amount: of two thousand five hundred
dollars ($2,500.00) on or about May 16, 2011.
18. Defendant Monismith Electrical Contractor submitted an
invoice to Plaintiff demanding an additional amount of two
thousand four hundred thirty-six dollars ($2,436.00) in
September of 2011. A copy of the invoice is attached hereto as
Exhibit "A".
19. Defendant Monismith Electrical Contractor, at all
relevant times, advised Plaint ifs: that Defendant Monismith
Electrical Contractor could complete the proposed electrical
work in timely fashion.
COUNT 1
FAILURE TO COMPLETE WORK IN REASONABLE PERIOD OF TIME
20. Paragraphs 1 - 19 are incor.parated,, herein as if set
forth at length.
21. Defendant Monismith Electrical Coi)Yractor breached all
representations to Plaintiff by failing to complete the
electrical work within a reasonable ver:iod of time.
22. Plaintiff lost reasonable rents in the amount of
$650.00 per month for the r;, nths of Apr II ti-trough August of
2011.
23. Plaintiff sustained damages in 'site amount of $3,250.00
as a direct result of Defendant Mon-1-s-mi.tIq Electrical
Contractor's failure to complete the construction work in timely
fashion.
WHEREFORE, Plaintiff respectfully requests that this
Honorable Court enter judgment in favor of Plaintiff and against
Defendant in the amount of three thousand two hundred fifty
dollars and zero cents ($3,250.00), together with costs, an
amount requiring compulsory arbitration.
COUNT 2 - UNFAIR TRADE PRACTICES
24. Paragraphs 1 - 23 are incorporated herein as if set
forth at length.
25. Defendant Monismith Electrical Contractor is in the
business of advertising, offering for sale and services of
tangible personal property and engages in trade and commerce in
Pennsylvania as defined within and regulated by the Pennsylvania
Unfair Trade Practices and Consumer Protection Law, 73 P.S. 201-
1 - 201-9.2, et. seq.
26. Defendant Monismith Electrical Contractor billed
Plaintiff a total amount of $5,436.00 subjecting Defendant to
the requirements of Pennsylvania Home Improvement Consumer
Protection Act, 73 P.S. Section 517.1 - 517.19.
27. Defendant Monismith Electrical Contractor violated the
Pennsylvania Unfair Trade Practices and Consumer Protection Law
and the Pennsylvania Home Improvement Consumer Protection Act,
73 P.S. Section 517.1 - 517.19, as follows:
a. Making false and misleading representations that
5
Defendant Monismith Electrical Contractor was capable of
completing the electrical work in a reasonable period of time;
and
b. Creating substantial and unnecessary confusion or
misunderstanding by failing to provide Plaintiff with a written
estimate prior to commencing the electrical work; and
c. Failing to register as a contractor as required by the
Pennsylvania Home Improvement Consumer Protection Act, 73. P.S.
Section 517.1 - 517.19; and
d. Billing Plaintiff above and beyond amounts verbally
represented to Plaintiff; and
e. Failing to register as trading and doing business under
a fictitious name; and
f. Failing to provide Plaintiff ,rith a Right of Rescission
as required by the Acts; and
g. Failing to repair damages caused by Defendant during
the course of the construction project.
28. As a result of. Defendant Monism.?th Electrical.
Contractor's failure to comply ?,J: trz the provisions of said acts,
Plaintiff has incurred attorney fees at the rate of $150.00 per
hour, additional costs, expense, and aggravation caused by
Defendant Monisir.ith Electrical ,"orat ractor.
WHEREFORE, Plaintiff respectfully requests that this
Honorable Court enter jud.gment in favor of Plaintiff and against
r.
Defendant Monismith Electrical Contractor in the amount of three
thousand two hundred
together with costs,
damages sustained by
dollars ($100.00), a;
or proper, including
$150.00 per hour, an
fifty dollars and zero cents ($3,250.00),
an award up to three times the actual
Plaintiff, but not less than one hundred
ad additional relief as it deems necessary
reasonable attorney fees at the rate of
amount requiring compulsory arbitration.
COUNT 3 - DAMAGES
29. Paragraphs 1 -- 28 are incorporated herein as if set
forth at length.
30. Defendant Monismith Electrical Contractor made certain
damages to Plaintiff's property during the course of
construction requiring Plaintiff to expend an amount of $500.00
to repair and paint damaged drywall.
31. After repeated demands, Defendant Monismith Electrical
Contractor has refused to pay Plaintiff for damages caused by
Defendant Monismith Electrical Contractor.
WHEREFORE, Plaintiff respectfully requests that this
Honorable Court enter judgment in favor of Plaintiff and against
Defendant Monismith Electrical Contractor in the amount of three
thousand seven hundred fifty dollars and zero cents ($3,750.00),
together with costs, an award up to three times the actual
damages sustained by Plaintiff, but not less than one hundred
dollars ($100), and additional relief as it deems necessary or
proper, including reasonable attorney fees in an amount of
$150.00 per hour, an amount requiring compulsory arbitration.
Respectfully submitted,
Date : February /,3 , 2012
AnCrew C. Shee-ly, Es i.re
Attorney for Fla' iff
127 S. Market Street
P.J. Box 95
Mechanicsburg, PA 17055
717-697-7050
717-697-7065 (fax)
andrewc.sheely@verizon.net
VERIFICATION
I verify that the statements made in this Complaint are true
and correct. I understand tha-? unsw(?rn, statements herein are
made subject to the penalties o-E 18 Ps. C.S.A. Section 4904,
relating to unsworn fal,sificati3r_ t.f.) authorities.
DATE: February t I , 2012
ifdrry Cup.
Exh?b.it "A"
onismith Electrical Contractor
6020 Blue Mt. Trail
Enola Pa, 17025
(717) 919-8106
Electrical work order
Customer: Harry Cupp
Description of Work: Work done at 200 E Simpson street. First part of job
was to split the service into two services one to feed the tenant on the first floor
and the other to feed the tenant on the second. The other was to totally rewire
the second floor apartment. Also add range recept on first floor. There were
changes along the way which added to price increase. Lights and fan in
bathroom, range hood, dishwasher, disposal, light in hallway, outside light, etc.
The job was done time and material to save customer cost here is the break
down.
Material List: SERVICE MATERIAL:
60'-2" pvc conduit ............................................ ....................$60
1-2" 90 deg. Elbow .......................................... ..................... $6
1-2" hub ...................................................................... $8
10-2" 2 hole rigid straps .................................... .....................$12
1-2" male adapter ............................................ ......................$2
1-200 amp 2100 amp position meter base ........... ......................$450
10'-1 'A PVC conduit ........................................ ......................$8
6-1 '/ male adapters ........................................ ......................$5
2-1 '/ Ib's ...................................................... ..................... •$8
2-square D 100 amp breaker enclosures .............. .....................$121
2-1 'h hubs for breaker enclosures ...................... .....................$17
30'4 solid bare copper wire ............................. ..................... $35
75'100 amp ser cable ....................................... .....................$125
70'-4/0 triplex ............................... .. . ............... ...................... $235
644 mech. Lugs ............................................. ..................... $8
1-2 pole 30 amp homeline breaker ...................... .................... $7.50
2-2pole 50 amp homeline breakers ..................... .....................$15
5-1 pole 20 amp homeline breakers .................... .....................$15
6-1 pole 20 amp arc fault homeline breakers ........ ..................... $ 225
2-ground bar kits ............................................. ..................... $6
4-split bolts copper .......................................... ......................$6
Total: $1374.50
WIRING MATERIAL:
100' 3/" smurf tube for fishing between floors ........................ .$62
1500'-12/2 romex wire ..........................................................
. $450
75'-8/3 romex wire ................................................................$202
250'-12/3 romex wire ............................................................ $128
35- 2" deep cut in boxes ......................................................... UO
5- Round cut in boxes ............ ...... ... ... ... ... ............ ... ............... $10
6-2 gang cut in boxes ................................................ ..... .... $22
5-3" deep cut in boxes ...................................................... .....$12
4-4" fan boxes ..................
1- 3 gang cut in box ... ... ........................ ... ... ... ......... ... ...... .....$7
1- Bathroom fan/light combo .............................................. ..... $32
2- 50 amp range recepts ...... ... .......................................... .....$15
2- Covers for ranger recepts .............................................. ......$3
1-4" fan bracket for living room fan ...................................... .....$5
3- Lamp holders .......................................... ... ... ............ ...... $3.50
10-120v 100w light bulbs ............... ... ... ... ........................ ... ....$12
450- Romex staples ......... ... ....................................... ...... ...... $4
25-120v 15 amp recepts ivory ............................................ .....$16
25-coverplates for above .............................. ... .................. .....$4
7-single pole 20 amp switches ............................................ .....$33
4-3way 20 amp switches ................................................... ......$28
7-switch covers ............................................................... ...... $5
Total: $1106.50
Hour's labor: 98.5 total hours at labor rate of $30 per hour total is $2955
Total billed: $5436.00 customer has paid $500 on 2/23 and $2500 on 5/16
coming to $3000.00 Customer owes to date: 2436.00
CERTIFICATE OF SERVICE
I, Andrew C. Sheely, Esquire, hereby certify that I am this
day serving the foregoing Complaint upon the following named
individual this day by depositing same in the United States
Mail, First Class, postage prepaid, at Mechanicsburg,
Pennsylvania, addressed as follows:
JESSE MONISMITH
t/a/d/b/a MONISMITH ELECTRICAL
6020 BLUE MT. TRAIL
ENOLA, PA 17025
Date: February 13, 2012
?, F FLED-OMCE
Andrew C. Sheely, Esquire{JF T SHE PROTH/?e ?3U?B?LJ I
,
Attorney for Plaintiff diA+
127 S. Market Street
P.O. Box 95 L
2012 FEB 21 PH 12:39
Mechanicsburg, PA 17055
PA ID NO. 62469 CUMBERLAND COUNTY
717-697-7050 (Phone)
717-697-7065 (Fax) PENNSYLVANIA
andrewc.sheely4.verizon.net
HARRY CUPP,
Plaintiff
VS.
JESSE MONISMITH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
12-290
CIVIL ACTION - LAW
TO: DAVID BUELL, PROTHONOTARY,
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
JOINT PRAECIPE TO SETTLE AND DISCONTINUE
Plaintiff, Harry Cupp, by and through counsel of Andrew C.
Sheely, Esquire, and Defendant, Jesse Monismith, Pro Se, hereby
file this Joint Praecipe to Settle and Discontinue the above-
referenced Notice of Appeal. Kindly mark the above-captioned case
settled and discontinued.
By: A)69z' , By:
'Aidrew C. Sheel , quire
Attorney for Plaintiff
PA ID 62469
127 South Market Street
P.O. Box 95
Mechanicsburg, PA 17055
Date: February /7 , 2012
J%4'se Moni§mith, Pro Se
6020 Blue Mt. Trail
Enola, PA 17025
Date: February 17 , 2012