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Home My WebLink About12-0862COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. /0 - '5 ? .2 C, 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. /? IW NAMEp? APPELLANT MAC. WT. NO. NAME OF U.J. Q?1 Tiyl?0- 1S9-or#i'a tw 0? ADDRESS OF APPELLANT STAT ZIP CODE CASE PMion ( ) iV4L DATE OF NT IN THE OF ( I4. A bh, K Tr* BNT DOCKET N9F. If SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT ?V Thin binck win be Sinned ONLY when this notation is required under Pa. If appellant was Claimant (see D.J. No. 1001(6) in action 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. Sorat" of Prothonotary -Dapuy 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. 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 J#A10N AktoW/ appellee(s), to file a complaint in this appeal Name of appal WS) (Common Pleas No. within twenty (20) days after service of rule or suffer entry of judgment of non pros. Sow- of a ey a agent RULE: To _'Atz ? appellee(s) !Name of SAWO 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 (rile a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (3) The date of service of'tltie rule if service was by mail is the date of the mailing. Date: 20 /vim. Of YOU MUST INCLUDE'!! 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 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 ; 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 official before whom affidavit was made Signature of affrant F-? rV Tide of official moo rv -:7 My commission expires on 20 rn ` co r°- CJ? r " ? ? f--` i ? ? " ?lT ? p 1D s r iD {°.YZ ?i -COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case r Mag. Dist. No: MDJ-09-2-02 MDJ Name: Honorable Jessica Brewbaker Address: 18 North Hanover Street, Suite 106 Carlisle, PA 17013 Telephone: 717-240-6564 Charles Bitner DBA Bitner Brothers Construction 416 E North Street Carlisle, PA 17013 Sharon 'R Harrow V. Charles Bitner DBA Bitner Brothers Construction Docket No: MJ-09202-CV-0000190-2011 Case Filed: 11/21/2011 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ-09202-CV-0000190-2011 Sharon R Harrow Charles Bitner DBA Bitner Judgment for Plaintiff 01/25/2012 Brothers Construction Judgment Summary Participant Joint/Several Liability Individual Liability Amount Charles Bitner DBA Bitner Brothers $0.00 $2,910.83 $2,910.83 Construction Sharon R Harrow $0.00 $0.00 $0.00 Judgment Detail ('Post Judgment) In the matter of Sharon R Harrow vs. Charles Bitner DBA Bitner Brothers Constructi on on 1/25/2012 the disposition is Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $2,770.00 $2,770.00 Costs $0.00 $140.83 $140.83 Grand Total: $z,910.s3 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 JUDGMENT/TRANSCRIPT 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. a ?L Date 06L"A / gt im F? p`?MI_.In `i a Magisterial District Judge Jessica Brewbaker I certify that this is a true and correct copy o the record o the proceedings containing the judgment. Date Magisterial District Judge Jessica Brewbaker MDJS 315 Page 1 of 2 Printed: 01/25/2012 2:22:09PM 4 l Sharon R Harrow Docket No.: MJ-09202-CV-0000190-2011 V. ,harles Bitner DBA Bitner Brothers Construction Participant List Private(s) Daniel Pollock, Esq. 801 Sandbank Rd #18 Mt Holly Springs, PA 17065 Plaintiff(s) Sharon R Harrow 415 S Pitt St Carlisle, PA 17013 Defendant(s) Charles Bitner DBA Bitner Brothers Construction 416 E North Street Carlisle, PA 17013 MDJS 315 Page 2 of 2 Printed: 01/25/2012 2:22:09PM Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law Sharon R Harrow No. 2012-00862 Civil Term Charles Bitner DBA Bitner Brothers Construction MOTION TO DISMISS APPEAL On 1/25/12, Jessica E. Brewbaker, Esq, Magisterial District Judge rendered a Judgment for Plaintiff, Sharon R. Harrow. Judge Brewbaker ordered that Charles Bitner pay Sharon R. Harrow the sum of S1?1 2 to •3 4TM (a copy of Judge Brewbaker's Opinion is attached). Without Sharon Harrow's knowledga on `? 2/9/12, Attorney Daniel Pollack, counsel for Charles Bitner, filed an appeal on behalf of Charles Bitner. Sharon R. Harrow was never notified of this appeal. She discovered that an appeal had been filed when she went to the Prothonotary Court in an effort to file a money judgment against Charles Bitner because of his failure to pay. She respectfully requests that Charles Bitner's appeal be dismissed so that she may file a money judgment in an attempt to collect the money Charles Bitner owes her. Attached please find a copy of the Opinion and the Notice of Judgment/ Transcript Civil case, as well as two envelopes addressed to Sharon R. Harrow and Charles Bitner. Plaintiff's name and address: Sharon R. Harrow 415 S. Pitt St. Carlisle, PA 17013 717-385-8307 Defendant Charles Bitner DBA Bitner Brothers Construction 416 E. North St. Carlisle, PA 17013 Defendant's Attorney Daniel Pollack, Esq. 801 Sandbank Rd. # 18 Mt. Holly Springs, PA 17065 Sharon R Harrow 23 May 2012 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary K. uns, Notary Public South Middleton Twp., Cumberland County My Commission Expires Nov. 9, 2013 Member, Pennsylvania Association of Notaries Cw7 lC?rw . ? ? i- r%a r Commonwealth of Pennsylvania County of 01V rA b e- (a w o/ Sworn to and subscribed before me r_A this?•? day of / 20 / 1. Opinion: Sharon R. Harrow v. Charles Bitner, DBA Bitner Brothers Construction The testimony and the exhibits provided at the hearing on January 25, 2012 indicated that Ms. Harrow entered into a contract with Bitner Brothers Construction in order for Bitner Brothers to do some remodeling on her rental home. Ms. Harrow needed new siding, new gutters, windows, and a new roof due to hail damage. Throughout the repair work, Ms. Harrow became dissatisfied with the workmanship, and communicated her dissatisfaction several times to the Bitner Brothers. While several of the problems were thereafter repaired, enough issues remained that Ms. Harrow withheld $500 from her final payment to the Bitner Brothers. Within a year of the completion of their work, for some reason (which was inadmissible in Court), Ms. Harrow began to suspect that there may be problems with the roof. She then hired Ben Chamberlain, a certified home inspector, to inspect the roof and to make a report of his findings. Mr. Chamberlain's report was admitted into evidence, and comprises much of the basis of this Court's findings. While many of the problems noted in the inspection report were minor, the overall extent of the problems is indicative of a serious problem. Clearly, the cumulative amount of problems is not what one would expect after having a brand new roof installed. Furthermore, the testimony from both sides indicated that some things (in particular the area around the chimney and the area involving the attic) could have been done better, with more extensive work; however, for reasons unknown and unexplained, this was never communicated to Ms. Harrow. After the problems she had experienced, Ms. Harrow was no longer comfortable using Bitner Brothers to remedy the problems, so she hired the Chamberlains to do the work, at an expense of $2570.00, plus the $200.00 inspection report (which Ms. Harrow asked to add to her claim at the hearing). Clearly, a homeowner should be able to rely on her contractor to tell her when there is u problem, and explain options to remedy it. Since this did not happen, and since there were a significant problems overall, the Court will award Judgment for the Plaintiff. It is so ORDERED. (Seal) J ssica E. Brewbaker, Esq. Date: ??? -2- Magisterial District Judge COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ-09-2-02 MDJ Name: Honorable Jessica Brewbaker Address: 18 North Hanover Street, Suite 106 Carlisle, PA 17013 Telephone: 717-240-6564 Sharon R Harrow 415 S Pitt St Carlisle, PA 17013 Disposition Summary MJ-09202-CV-0000190-2011 Sharon R Harrow Charles Bitner DBA Bitner Brothers Construction Judgment Summary Participant Joint/Several Liability Individual Liability Charles Bitner DBA Bitner Brothers $0.00 $2,910.83 Construction Sharon R Harrow $0.00 $0.00 $0.00 Judgment Detail ("PostJudgment) In the matter of Sharon R Harrow vs. Charles Bitner DBA Bitner Brothers Construction on 1/25/2012 the disposition is Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $2,770.00 $2,770.00 Costs $0.00 $140.83 $140.83 Grand Total: $2,910.83 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 JUDGMENT/TRANSCRIPT 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. Dat Sharon R Harrow V. Charles Bitner DBA Bitner Brothers Construction qAN,k-C a. ? f)VO, Magisterial District Judge Jessica Brewbaker certify that this is a true an correct copy o the record o the procee in Mtaining the judgment. a as , v _ i- ? Date Ma is rial District Judge Jessica Brewbaker Docket No: MJ-09202-CV-0000190-2011 Case Filed: 11/21/2011 Disposition Disposition Date Judgment for Plaintiff 01/25/2012 Amount $2,910.83 MDJS 315 Page 1 of 2 Printed: 01/25/2012 2:22:09PM Sharon R Harrow V. Charles Bitner DBA Bitner Brothers Construction Participant List Private(s) Daniel Pollock, Esq. 801 Sandbank Rd #18 Mt Holly Springs, PA 17065 Plaintiff(s) Sharon R Harrow 415 S Pitt St Carlisle, PA 17013 Defendant(s) Charles Bitner DBA Bitner Brothers Construction 416 E North Street Carlisle, PA 17013 Docket No.: MJ-09202-CV-0000190-2011 MDJS 315 Page 2 of 2 Printed: 01125/2012 2:22:09PM Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law Sharon R Harrow v Charles Bitner DBA Bitner Brothers Construction COMMONWEALTH OF PENNSYLVANIA ) )ss.: COUNTY OF PENNSYLVANIA ) No. 2012-00862 Civil Term rntm AFFIDAVIT IN SUPPORJa MOTION TO DISMISS A A tv IV ??a s ... j Cam.. N .1 Sharon R. Harrow, being duly sworn, deposes and says: I am the Petitioner in the above-captioned matter and, as such, am fully familiar with the facts and circumstances set forth herein. I make this affidavit in support of my application for an order dismissing the appeal of the Respondent, Charles Bitner, d/b/a Bitner Brothers Constrction from the Order of Judge Jessica E. Brewbaker dated January 25, 2012, and the Notice of Judgment/Transcript Civil Case also dated January 25, 2012. On January 25, 2012, Jessica E. Brewbaker, Esq, Magisterial District Judge rendered an Order and Judgment in my favor. Judge Brewbaker ordered that Charles Bitner pay Sharon R. Harrow the sum of $2,910.83 (copies of Judge Brewbaker's Opinion and Judgment are attached). Without my knowledge, on February 9, 2012, Charles Bitner, by his attorney, filed an appeal. I was never served with this appeal. I discovered that an appeal had been filed when I went to the Prothonotary Court to file the money judgment against Charles Bitner, which I was prevented from doing. I respectfully request that an Order, as attached, be granted dismissing Charles Bitner's appeal and that the Clerk of the Court be directed to enter a money judgment in favor of Sharon R. Harrow and against Charles Bitner in the sum of $2,910.83 plus accrued interest thereon. Attached please find a copy of the Opinion and the Notice of Judgment/ Transcript Civil case, as well as two envelopes addressed to Sharon R. Harrow and Charles Bitner. Plaintiff's name and address: Sharon R. Harrow 415 S. Pitt St. Carlisle, PA 17013 717-385-8307 Defendant Charles Bitner DBA Bitner Brothers Construction 416 E. North St. Carlisle, PA 17013 Defendant's Attorney Daniel Pollack, Esq. 801 Sandbank Rd. # 18 Mt. Holly Springs, PA 17065 Sworn to before me this day of May, 2012 Notary Public ;; HONWEALTH OF PENNSYLVANIA Notarial Seal marv K. Uns, Notary Public c ;ci+ Middleton Twp., Cumberland County ommission Expires Nov. 9, 2013 ,ia Association of Notaries Sharo R Harrow a SHARON R. HARROW, Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES BITNER, d.b.a. BITNER BROTHERS CONSTRUCTION, Appellant 2012-00862 CIVIL TERM IN RE: MOTION TO DISMISS APPEAL ORDER OF THE COURT AND NOW, this day of June, 2012, in consideration of the within Motion to Dismiss Appeal, a Rule is issued upon Appellant Charles Bitner, d.b.a. Bitner Brothers Construction, to show cause why the appeal filed on February 9, 2012, should not be dismissed. Rule returnable within days of the date of service hereof. By the Court, Albert H. Masland, J. Sharon R. Harrow 415 S. Pitt St. Carlisle, PA 17013 Appellee; pro se 0 = 4 ? ? Daniel Pollack, Esq. '' 801 Sandbank Rd. #18 r- -- ?j Mt. Holly Springs, PA 17065 _ -, Attorney for Appellant == f ccPiP5 AtaIl-eGl 6 All,?- AeL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SHARON HARROW Civil action-Law 4 V. Appeal from MDJ 09-2-02 Docket No. 2012-862 civil trr CHARLES BITNER, et al. Answer to Rule to Show Cause And now here comes the Defendant Charles Bitner, By And Through his Attorney, Daniel Pollock, Esq. to answer the Motion by the Plaintiff, Sharon Harrow, to dismiss this appeal from the Magistrial District Court 09-2-02. On or about January 25, 2012 Magistrial District Justice Jessica Brewbaker entered a decision in the above captioned matter. 2. On or about February 9, 2012 Charles Bitner filed the appeal of this matter with This Honorable Court in the Prothonotary's office. 3. Immediately following the Filing with the Prothonotary, Charles Bitner Personally served the Magistrial Court with the notice. 4. Immediately following Charles Bitner attempted to find a Constable to personally serve Ms. Harrow with the notice that the appeal had been taken. 5. Being unable to find a Constable at his/her office, sometime after February 9, 2012. Charles Bitner served Ms. Harrow by Ordinary Mail at her address listed in the order. 6. Defendant Charles Bitner is without knowledge as to why Ms. Harrow did not receive her Notice of Appeal. 7. The Dismissal of the Appeal will do irrepreable harm to the rights of Mr. Bitner in this above captioned matter. Wherefore the Defendant Prays that Ms. Harrow's Motion is denied and that she is ordered to file a complaint with this Honorable Court within 20 days in order to pursue this matter on its merits. Respectfully Submitted, Daniel Pollock, Esq. Attorney for Charles Bitner, Et Al. 801 Sandbank Road, #18 Mount Holly Springs, Pa. 17065 Phone and Fax. ( 717) 486-0030 E- Mail Dbigdanp @ Aol.com VERIFICATION I verify that the statements made in this Answer to new matter are true and correct to the best of my knowledge. I understand that false statements knowingly made herein are subject to the penalties of 18 Pa. C.S. 4904 regarding unsworn falsifications to Authorities. / DA E Charles Bitner President, Bitner Brothers Construction AFFIDAVIT OF SERVICE On June 19, 2012, 1 Daniel Pollock, Esq. did serve a copy of this answer to rule to show cause by first class mail to the following party at the following address Sharon Harrow 415 S. Pitt Street Carlisle Pa. 17013 Respectfully Submitted, { Daniel Pollock, sq. 801 Sandbank Road #18 Mount Holly Springs, Pa. 17065 Pa. Super. 70315 (717) 486-0030 E-Mail Dbigdanp@ Aol.com