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HomeMy WebLinkAbout12-4662COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of Gvffi Q,ER !?'rp NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. IX G Vd 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. ennoece n< •nee. , J cm f s o f e f 11 / M A {J 30 6 ,AihPLF wd-e-0 Av,1( - - - ---- M F<<RAA/tdBOAG YPA s-r appellant was ..... ... M. n? we yr to-mm) (Deftnderd). 6 2 `?, z A q- E R ?o. V. P..]PAAI s6PfW-J7<y Mt1-09/0 -C,11-00001'77 -zoos, 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. Siym - or Pla -My or DepRy No. 1001(6) in 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. 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 U F W (.0- appellee(s), to file a complaint in this appeal Name of appettee(s) (Common Pleas No. 1 - L4b ? a ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Ay? ature orappellant orattomeyoragent RULE: To IP ?? FA &-6 e G o. , appellee(s) Name or 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: l as 20 a ' Signature orProdmmmiary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT 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 PRO it N1 12 JUL 25 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) A. F, a6a 60 1 , 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 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ-09-1-01 MDJ Name: Honorable Charles A. Clement Jr. Address: 920 Linda Lane Camp Hill, PA 17011 Telephone: 717-737-3434 P John Sopensky 30 E. Maplewood Avenue Mechanicsburg, PA 17055 Disposition Summary Docket No Plaintiff Defendant MJ-09101-CV-0000197-2012 R.F. Fager Co. P. John Sopensky Judgment Summary Participant Joint/Several Liability Individual Liability P. John Sopensky $0.00 $1,460.94 R. P. Fager Co. $0.00 $0.00 R.F. Fager Co. V. P. John Sopensky Docket No: MJ-091 01 -CV-00001 97-2012 Case Filed: 5/10/2012 Disposition Judgment for Plaintiff Disposition Date 06/26/2012 Amount $1,460.94 $0.00 Judgment Detail ('PostJuagment) In the matter of R.F. Fager Co. vs. P. John Sopensky on 6/26/2012 the judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit ADMied Civil Judgment $0.00 $1,323.64 Costs $0.00 $97.30 Interest $0.00 $40.00 Amount $1,323.64 $97.30 $40.00 Grand Total: $1,460.94 ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICLERK 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. Date Magisterial District Judge Charles A. Clement Jr I certify that this is a true and correct copy o the record o the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 06/26/2012 2:12:30PM 1 Participant List Private(s) r John S. Kundrat, Esq. Kundrat & Associates 107 Boas St Harrisburg, PA 17102 Plaintiff(s) R.F. Fager Co. - 2058 -Stafe Road Camp Hill, PA 17011 Defendant(s) P. John Sopensky 30 E. Maplewood Avenue Mechanicsburg, PA 17055 MDJS 315 Page 2 of 2 Printed: 06/26/2012 2:12:30PM 212 JUL 31 PM 2: 20 CU PENN YLVA1d ? ? , . 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 COMMONWEALTH OF PENNSYLVANIA COUNTY OF b.rI1A1,A ss AFFIDAVIT: I hereby (swear) (affirm) that I served ?rhJ t a copy of the Notice of Appeal, Common Pleas /7 Y?, upon the District Justice designated I (date of service) 'y 20 J -L , ® by personal service ? by (certified) (regist senders receipt attached hereto, and upon the appellee, (name) R + • ,F4 r a G`' 712-7 20 by personal service ? by (certified) (registered) sender's receipt attached hereto. (SWORN) AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF _ 20 (Q W Sig ature of official before whom affidavit was made Title of officral My commission expires on 20 boxes.) n on mail, , on of affiant Myt?oi?Fxpil'?ellwfrAt?ll?M.>aN COMMONWEALTH OF PFNNSVI VAArrA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No, 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. B ADDRESS OF APPELLANT CITY STATE TIP CODE ::DATE OF JUDGMENT IN THE CASE OF PMinldf) ?KET No vs This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant ` (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MU IT, BE FILED within twenty SUPERSEDERS to the judgment for possession in this case. (20) days after riling the NOTICE of APPEAL. L SOW11 Of Pr thonOwyorDspW PRAECIPE TQ. ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used'6ldL`Y when ?a?ppellant 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 appellee(s), to file a complaint in this appeal Name of apW"(s) ----- (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: TO gnatureofepp-&-torattomeNOragent (° 1 ?? appellee(s) Name of appeNee(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 cf service of this rule upon you by personal service or by certified or registered mail. (2) If you.dPnot.ile,a complaint within this time, a JUDGMENT OF NON PROS MAY BE f'_NTERED AGAINST YOU. (3) The date of serlAce 9f this rule if service was by mail is the date of the mailing. r, Date: j( o w Depay S Y rf f ? #1'i" COPY OF THE NOTICE OF JUDGMENTITRANSCRipT 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 OR DISTRICT JUSTICE Aug 07 12 11:32a Kundrat a Associates 717-232-90'9 p.'. FILED-OFFICE CF THE 1-TOTHCNOTARY 2012 ALK?l -7 Fill, I: 30 CUMBERLAND COUNTY PENNSYLVANIA R.F. FAGER COMPANY : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff y U U a v : NO. 2012-46N Civil J. PAUL SOPENSKY Defendants : CIVIL ACTION - LAW NOTICE TO DEFEND 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 cntered against you by the Court without further notice or 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 Association 32 South Bedford Street Carlisle PA 17013 717-249-3166 1-800-990-9108 Aug 07 12 11:32a Kundrat & Associates R.F. FAGER COMPANY V. J. PAUL SOPENSKY Plaintiff Defendants 7' 7--222-SGC3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2012-4622 Civil CIVIL ACTION - LAW AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse do las quejas expuestas enlas paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en quc recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presenter en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO 1NMEDIATAMENTE. S1 USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 717-249-3166 1-800-990-9108 p.2 John S. Kundrat, Esquire Kundrat & Associates 107 Boas Street Harrisburg, PA 17102 Attorney ID No. 24958 Telephone: 717-232-3755 Fax: 717-232-9608 kundrat-associates0ma.net R.F. FAGER COMPANY : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAl Plaintiff (4U&) V. : NO. 2012-462-a Civil J. PAUL SOPENSKY Defendants : CIVIL ACTION - LAW COMPLAINT AND NOW, comes Plaintiff, R.F. FAGER COMPANY, by its attorneys, KUNDRAT ASSOCIATES, and states the following cause of action: 1. Plaintiff, R.F. FAGER COMPANY, is a Pennsylvania corporation authorized do business in Pennsylvania with offices and/or a place of business situate at 2058 State Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant, J. PAUL SOPENSKY, is an adult individual residing at 30 East Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff is, and at all relevant times was, a wholesale distributor of building supplies. 5. Defendant is, and at all relevant times was, a contractor. 6. On or about August 14, 1998, Defendant applied to Plaintiff for credit. A true correct copy of the credit application is attached hereto and made a part hereof and marked Exhibit "A". 7. Between November 16, 2011, and January 10, 2012, various products, goods, supplies, and materials (hereinafter collectively referred to as "products") were ordered by Defendant from Plaintiff. Plaintiff sold and provided the products ordered by Defendant, the same being represented by invoices. Due to the voluminous number of invoices, they are not attached to this Complaint but will supplied to Defendant prior to the hearing on this matter. 8. The prices charged for the products sold to Defendant were the fair, reasonable, and market prices of the products, and the prices that Defendant agreed to pay. 9. The invoices represent products sold by Plaintiff and purchased by Defendant pursuant to Defendant's account with Plaintiff. 10. Defendant has not objected to any of these invoices and has accepted the provided thereby. 11. Plaintiff has maintained a statement of account keeping an accurate and amount of debits and credits for the sale of products sold to Defendant by Plaintiff. 12. Plaintiff has submitted to Defendant a monthly statement of account accurately showing all debits and credits for transactions with Defendant, the most recent statement of account shows an amount owing to Plaintiff of $1,423.64 as of March 31, 2012. A copy of the statement of account is attached hereto and made a part hereof and collectively referred to as Exhibit "B". 13. The account was referred to Plaintiffs counsel for collection on April 15, 2012. 14. Defendant has made three (3) payments to Plaintiff. $100.00 on April 10, 201 $500.00 on June 26, 2012; and $100.00 on July 27, 2012. 15. Pursuant to the terms and conditions of sale contained on the credit application which terms and conditions were agreed to by Plaintiff and Defendant, and as further stated on the invoices attached as Exhibit "B", Plaintiff is entitled to receive a finance charge of 1.5% month on past due amounts. 16. Pursuant to the terms and conditions of sale and extension of credit, Defendant agreed to pay reasonable attorney's fees and all court and collection costs. 17. Plaintiff has retained the services of the law firm of KUNDRAT & ASSOCIATES at the contingency rate of one-third (1/3) in the collection of the amounts due from Defendant. 18. Any and all conditions precedent to the bringing of this action has been by Plaintiff. 19. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff, R.F. FAGER COMPANY, respectfully requests this Court to enter judgment in favor of Plaintiff and against Defendant, J. PAUL SOPENSKY, in amount of $784.28, plus interest at the rate of 1.5% per month from July 27, 2012, attorney's in the amount of $441.21, the costs of this action, and such other relief as the court deems just and proper. 71t=mle KUNDRAT & ASSOCIATES By . Kundrat, Esquire y for Plaintiff Dated: August 3, 2012 oF cnr._co m onr_r /rao ?r 1 Company Names cLi 't`ra&e Name of Appl Banta trett Addrooks: s a C14-1 Fajlk n " t C.41? w r, ate- II sinews start*,,", 2}w of RUilefsl .,i...,. If Crlatm4n ftgptilon rrC If av is'+d+ivf dual Accvwh game f e i al a 1. U Pr Sank of 9DC. Ikt. ite 't.F N F{. R s4 l CO. 20S'' SIM S ROAD CArr III", ?i 97o5 i i 1 79 4-affou VII-761-5839 FAX # ' ?Ci TLOP MA a -&Aft flariticate zor e- fi" vl Aim V4C 1 _ TtdUs2 1 I-IM D -- .une t:4 . a Cheak,? tccoiuot ; • -r,3 - J? ?, i?Ar??s 1.tv.",u no? ? ? Referencess Mot lnclude At Zaat fC Name Phone. vm%a ?. 4_. jrtl i 176& r?%f ` e;-, In consideration -or "e -ezUR*ion at c 4 "'V*" for the aLU of and JT JL Z=PUy 'to t a app3Scant d ??araTi'?ee to ?.1`. ?+aads, ?aree ImnLindise upon ertd t, I/??s ! ;. Ouce do aI Assip jflga6si :.'1 r eLOTUaaCe V tti t t&=- Of EaIE Of t €A $$ nt at maturity Chandise sold by it- to ' t-* Print And v4ut Of ,Il • ap I ?aatnamQd wave .from time 3a tUo Wit!®• ;and me I- bzreof, &s wen as reasoadble attorne ? aid after t Bete ttmn of - y s rMs costs and ic?te?est Via.. ? in the ' any Amount. due berg. he ealleo- unless 1018 Until withArawn we vur",- _-r? -b b AIL-1 force and effect dra s, of t IV/? vviaff'ten (v days yr ttIZ IP% .t his guaranty U --Ft-. 8. -PAger Com ae al the m04 nor.=p ebt at maturity .are hereby waiv dO 41f d eg of this 6saran. I'. and Uteading to b " 'our , nd$ end sea pia Bally bound here av r Fame I W c -'tlet '' 2Qame [ ?'? :+ TA-e do hereby 4kuthar e t # b tiY ' _ with ail e?_ be"i-il set forth above to supply p, y_ yaVr Co. aI -%bfos:.-,vtIon it may request, r.. l !. r Date i a 1L. . l 1--A- --- ------ -- '=uz r2_t/'12-n1_i`a RF cAG'FR _'n R. F. FACER CO. 8tata ;er 2058 MATE RP9 CAMP•HILL PA 17011 AEMJT To 717-761- Fax 717-76I7 R. F.:a€R 2D5$ STATE Rv. T1TsT£?-?ttA STATEMENT DATE ,-VST NQ CUSTOMER 04/13/12 1 37361 JOHN PAUL SOPENSKY PAGE NO. 30 E MAPLBWOOD AvE MIL .EesEtma, PA 17055 1- 1 of ? --I I DATE 111/16/11 INVOI? NlA!QEfl PURCMLSE ORM.R rogrR 1 5 1743276 001 IN bCE ' R4T W4Yl etTttrctn•se r- E ! i 12/31/11 . 1 S1773653 . QQl Serv Chrsx 1 . n r bnr,0 y' , 01/10/12 31775145.001 15420 ? JJ 64 l I01/31/12 1S1793829.001 IServ Chrg i I Q I "' a4 { 02/29/12 51812375. apt f Sere Chrg I ( 3 `r ? 03/31/12 I S1833294 . 001 I Serv Chra 1 19 78 1 10.78 _ -I I t I , ! I I i { 1 - I I l To Our V I I I i ? I J.Ued %astomersp ( I I I j I i l ? l Vlui `arP V iday, i1 L1 T(k-LirL StorLe Will be closing f p l t,rii 33 at 12:"?'7 M And 16t6 u ' I ? I! r l rday, A . P c d Sat i }? Y, P j I 1 i- ?vi?? I I A! 1 dalik ^ ' ll i ? 1 ery orders orl $ day tr _ n s1, .G must I aceri1 LV? j [J?'f 1 I I j I { j __ €- - by 10 r ! I : OQa:T- Fr da==, 1 f I We w; II 60pen Mond y, L.r.ri i -! G 7 Ov f { I ? i : am. !All other l inclvdi _ branches wil be open Friday 11L RQQfin . Additionally S t Harr , f:b b r n-1 j will be ! for for ourl , uirg - al ben Sa rS3?V ?L?r; l 14 f s **1 90 t2? ? € n conveni I' ? - y ence. LWe apolo# { ize for any inonvenience this mad rauaQ 4nd j j thank o for our co ration __j ( 1 wV &A E g4ENIs - - CREDITS P4IRCNASES SE ----------- , -- I RVICE CHARGE NEW @ALANGE I { 403. r? a_ao a. qv. o. a©1 7 { . , 1.4 2 n1P1RE CiSFREr:. 3i b"v 61." DAYS O VER 90 DAYS V 001 - 1 p j - ! I All Past due balances subject to d'XWMCL CHAIGE8 of 1.40¢ e_ ev EXHIBIT VERIFICATION I, CHAD SEIDERS, authorized agent of R.F. FAGER CO., do hereby verify that the stated in the foregoing instrument are true and correct to the best of my knowledge, information belief. I understand that false statements herein are made subject to the penalties of 18 Pa. §4904 relating to unswom falsification to authorities. d Seiders Date: t 5-a ?o r?r S E C T I 0 N A S E C . Supreme County For Prothonotary Use Only: Docket No: 1 f?yy The information collected on this form is used solely for court administration purposes. This form does rot nfn7andipi«c nr nthvr nnnvrv as reauired by law or rules 9fcour#{. YY' - -- _____o _ Commencement of Action: El Complaint [3 Writ of Summons E3 Petition Transfer from Another Jurisdiction Declaration of Taking Lead Plaintiff's Name: Lead Defendant's Name: R.F. Fager Company J. Paul Sopensky Are money damages requested? El Yes El No Dollar Amount Requested: within arbitrate (check one) []outside arbitra.ti limits n limits Is this a Class Action Suit? ® Yes IM No Is this an MDJAppeal? El Yes (- No Name of Plaintiff/Appellant's Attorney: John S. Kundrat, Esquire 0 Check here if you have no attorney (are a Self-Represented [Pro Sel Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one tha you consider most important. TORT (do not include Mass Tort) 0 Intentional E3 Malicious Prosecution Motor Vehicle Nuisance Premises Liability Product Liability (does not include mass tort) E3Slander/Libel/ Defamation Other: IL O MASS TORT Asbestos N 13 Tobacco Toxic Tort - DES Toxic Tort - Implant ® Toxic Waste Other: B CONTRACT (do not include Judgments) Buyer Plaintiff Debt Collection: Credit Card Debt Collection: Other Goods Sold Employment Dispute: Discrimination Employment Dispute: Other Other: REAL PROPERTY ® Ejectment 0 Eminent Domain/Condemnation 0 Ground Rent E3 Landlord/Tenant Dispute 0 Mortgage Foreclosure: Residential Mortgage Foreclosure: Commercial [3 Partition E] Quiet Title Other: CIVIL APPEALS Administrative Agencies Board of Assessment Board of Elections Dept. of Transportation Statutory Appeal: Other Zoning Board Other: MISCELLANEOUS E3 Common Law/Statuto ® Declaratory Judgment © Mandamus ® Non-Domestic Relatic Restraining Order ® Quo Warranto 13 Replevin Other: ]/Moll John S. Kundrat, Esquire Kundrat & Associates 107 Boas Street Harrisburg, PA 17102 Attorney ID No. 24958 Telephone: 717-232-3755 Fax: 717-232-9608 kundrat-associates(a),pa.net R.F. FAGER COMPANY : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAT Plaintiff V. : NO. 2012-4622 Civil J. PAUL SOPENSKY Defendants : CIVIL ACTION - LAW COMPLAINT AND NOW, comes Plaintiff, R.F. FAGER COMPANY, by its attorneys, KUNDRAT ASSOCIATES, and states the following cause of action: 1. Plaintiff, R.F. FAGER COMPANY, is a Pennsylvania corporation authorized do business in Pennsylvania with offices and/or a place of business situate at 2058 State Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant, J. PAUL SOPENSKY, is an adult individual residing at 30 East Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff is, and at all relevant times was, a wholesale distributor of building supplies. 5. Defendant is, and at all relevant times was, a contractor. 6. On or about August 14, 1998, Defendant applied to Plaintiff for credit. A true correct copy of the credit application is attached hereto and made a part hereof and marked Exhibit "A". 7. Between November 16, 2011, and January 10, 2012, various products, goods, supplies, and materials (hereinafter collectively referred to as "products") were ordered by Defendant from Plaintiff. Plaintiff sold and provided the products ordered by Defendant, the same being represented by invoices. Due to the voluminous number of invoices, they are not attached to this Complaint but will supplied to Defendant prior to the hearing on this matter. 8. The prices charged for the products sold to Defendant were the fair, reasonable,' and market prices of the products, and the prices that Defendant agreed to pay. 9. The invoices represent products sold by Plaintiff and purchased by Defendant pursuant to Defendant's account with Plaintiff. 10. Defendant has not objected to any of these invoices and has accepted the provided thereby. 11. Plaintiff has maintained a statement of account keeping an accurate and amount of debits and credits for the sale of products sold to Defendant by Plaintiff. 12. Plaintiff has submitted to Defendant a monthly statement of account accurately showing all debits and credits for transactions with Defendant, the most recent statement of account shows an amount owing to Plaintiff of $1,423.64 as of March 31, 2012. A copy of statement of account is attached hereto and made a part hereof and collectively referred to as Exhibit "B". 13. The account was referred to Plaintiffs counsel for collection on April 15, 2012 14. Defendant has made three (3) payments to Plaintiff $100.00 on April 10, 20 $500.00 on June 26, 2012; and $100.00 on July 27, 2012. 15. Pursuant to the terms and conditions of sale contained on the credit application which terms and conditions were agreed to by Plaintiff and Defendant, and as further stated on the invoices attached as Exhibit "B", Plaintiff is entitled to receive a finance charge of 1.5% month on past due amounts. 16. Pursuant to the terms and conditions of sale and extension of credit, Defendant agreed to pay reasonable attorney's fees and all court and collection costs. 17. Plaintiff has retained the services of the law firm of KUNDRAT & ASSOCIATES at the contingency rate of one-third (1/3) in the collection of the amounts due from Defendant. 18. Any and all conditions precedent to the bringing of this action has been by Plaintiff. 19. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff, R.F. FAGER COMPANY, respectfully requests this Court to enter judgment in favor of Plaintiff and against Defendant, J. PAUL SOPENSKY, in amount of $784.28, plus interest at the rate of 1.5% per month from July 27, 2012, attorney's in the amount of $441.21, the costs of this action, and such other relief as the court deems just and proper. KUNDRAT & ASSOCIATES By _-'XL Kundrat, Esquire ttorney for Plaintiff Dated: August 3, 2012 oo. _ 2036 SjAn 1otp .' Y -' _ CAM TILL, h wli Utei CA I (! a t_791?DOU r. '(7'17i-7fi1-5839 FAX ?E l??ru a`:omp y game s ay i , 6"de Name of Applicant; ICU lb i --- Adar6 iii; " a ?a.. Pas tdlZ D _ t 1'bt? i iy itS . at 4? e teaadi r r?r fiPa at 'hie >ddreb?s .:. - ?dw or SusiS6ss-f 1"?1 t,l ..T e.w .• iy ;?::? ?? ?-?iLe?? ?!'O?tdf S rC.'...... . If EISIMIn =keuptias fressa State Naies 9erEificate zcr • ?? ?' *?G. r_ i iel age Nz Libe • Fame of pr ?nty9L ?e a `:tae +. i . ,- f u OAAt wd t o S ?T T! ?.c N ? S•Z.. ? di4a. ? f t.?•ea-a? ?? :n11 ?. ??j ?.yl ? i S f., r 9 H? ?C ? jT ? L. ---- - ii.? 3 _ ,... ft/ SaZ1K of iepeeft: E?la-, Addregrij -n Mrr SC + t-? ?L_ • s _ _ a..ma__ - iovnr T 7 t Z_-' s ( ° 4 ? ? . . v a r,ayc It 'ALL Y r P_ -ze Haffie 4- s:emarYe: iA Consideration -0t Ue -exUDoion gm to a?"Ove - for the ease of goo-do, wares anti ? ?s «.? . ??cast n!i fl&rabtee iu Jr. 2 _r adiee'QPQz? =94-1#4 ,?_ do _ '-- O ' -i-o ?vJ rTs613 ;nC bbdrw as A-.isq a : r1 ::• a otaaace with the terms of isalE? of alb md. 4 , e ar a-y ?Aa 'Im"diie bold $y i!_ to - - -_ 0-460 Fares arld ail hereof ?3?3 # 7nesaQ?aSoree m tSmP tr r^: r=-;w ew`;c Ec„ die Vey as reasoj3" atto=e after C ur-I g7iII [5,11 VM14sa\? 'by 7 ?126dd f. ?'Q fwrsc ci &T?R2 of tri • /Qt1P 2? 'ELM (14). QayH brziLt" ..:. .11 Bual'8nty U -___-?F- -Yaamr CoMpaV. _ -_". ? .ice= $? #`. tc ?i bay yq eni az saatvri#y Axe'bereby waived. - _. a. Ind senasag ?i o Lere - a..aF'a. otr" -? ?Y. Il1ie baaz h',`_-'Yi2'_?'_^_.fC tG+ Lam,'--rs dame; Name : Name - -TAe do hereby yit} tt rr, -,•r?-r._.r vet set -forth above to supply Pe '- ra"+?? : _= - .?? .rt a-t3 it may rEquest. Vin EXHIBIT ;tlbz include At least 5n1' ??ter#ali ri _ Z rl Terre rr _ v C? it_ F. FArE-R- Vin. 2658 STATE ED: CAMP HILL. FA 17011 717-761-D F2Y 717-76thIS Im I MQCM, t a_I rca;?r :511 M, i war i `.G r wiii??a v REMIT TO! Hv.E VA T E RD. LAW HILL FA UO11 .. . v au CUSTOMER JOHN PAUL SOPENSKY 30 R P' kPLRWOOD AVE M M ZCSBURM, PA i7055 DATE I INVDI Nl?R 11. 16. 11, Sl?43276 , 40l 12/31/131 S1773653 t QQ:, 01/10/1.2{51779145.001 01J31/121S1793829.OQ1 02/29/121 S1812378 . G01.1 03/31/121$1833294.001 PLW-MSE aorco MrD 1 GPrv Chra 15025 iServ Chra f Sel'v C- rg- IServ Chra To Our `v` ued Cilf3tomersr ?niil [Kill De closing f riuay, _T%P ii i3 exam iz : uu r ono dosed Sat i `q - I 2 0 ava?aa?i3% 41 pl 11 3, Y __-- j -1 +..?6y . 1 ?IIIP LV'i ? P?yen ji-Qnda„ All Qtha-? brancheEi wi R Dg v^Cn Ts'r it 3 ,t inclu4jn; fi?t RQ4fing. Addi bona Iv, sf..r Ma will be DperI 5UrSY.1r}ri T l c f8c,,, a ; for yourl convenienCe . I = _ I WE aoo3o ize sor any in6or?venience this ma- thank 14 for your cooper-ration PPAU $ALANCE j ANTS I CMIT7` a. 19.78 Or invertory? }lraay, Apri11 I I 121 must b6li {1 I 1 1 L?, 1 ?.i 13 a { J ?;..t t f a 11 AQ fin, I i 1 1 PURCHASES SERVICE CHARGE Nit 4.001 D STATEMENT DATk VS,T IV. I 04/13/1.2 1 37361 PAGE N0. I- ? _ 1 of 1 ? re r. i vv ar nn Tg 7? All past due baAdnces subject t4 rim-NCR cmn1axR .,F sr?tTa ?? _-.. VERIFICATION I, CHAD SEIDERS, authorized agent of R.F. FAGER CO., do hereby verify that the stated in the foregoing instrument are true and correct to the best of my knowledge, information belief. I understand that false statements herein are made subject to the penalties of 18 Pa. §4904 relating to unsworn falsification to authorities. d Seiders "?a Date: 1 A t ?10 TA R, M AUG 23 PM 3r 22 CtjAj@W COUNT John Sopensky Sope*sky Properties 1300 Market St Suite 12 Lemoyne PA 17043 Tele0one : (717)-730-7400 (717)-730-7401 Fax : (717)-730-7404 j sopegskyAverizon. net John?Sopensky : IN THE COURT OF COMMON PLEAS OF Sopensky Properties :CUMBERLAND COUNTY, PENNSYLVANIA Defendant V : NO.2012-4662 CIVIL R.F.'FAGER COMPANY Plaintiff : CIVIL ACTION- LAW Answer And now comes the defendant acting pro se to answer the plaintiff complaint. 1. Defendants J Paul Sopensky , is a an adult individual residing at 30 East Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17055 2. Plaintiff R. F. FAGER COMPANY, is a Pennsylvania Corporation authorized to do business in Pennsylvania with offices and /or a place of business situate at 2058 State Road Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Defendants is, and at all relevant times was, a contractor. 4. Plaintiff is, and at all relevant times was, a wholesale distributor of building supplies. 5. On or about August 14, 1998, Defendant applied to Plaintiff for Credit. A true and correct copy of the credit application is attached hereto and made a part hereof and marked Exhibit "A". 6. On about June 20, Defendant sought to return the material but item's were not accepted by the plaintiff. 7. On November 11 2011 Plaintiff revealed sensitive credit information to defendant `s employees. causing defendant emotional distress and economic loss. 8. On about Feb 12 plaintiff began a series of harassing offensive phone calls the causing the defendant loss and emotional distress. 9. On about June 20 '12, Plaintiff "s offices made comments offensive to the defendant causing defendant emotional loss and economic distress. 10. Defendant rejects request for attorney fee as adhesionery 11. Defendant asks plaintiff to act in good faith. 12. WHEREFORE defendant experienced unnecessary emotional distress and economic loss at hands at plaintiff defendant ask the court to vacate plaintiff charges and award defendant $20,000 as compensation for emotional distress and economic loss. Sopensky Properties John So e sky R. J. FAGER COMPANY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW P. JOHN SOPENSKY, NO. 12-4662 CIVIL Defendant ORDER AND NOW, this 18" day of December, 2012, the appointment of a Board of Arbitrators in the above-captioned case is VACATED. Kathleen Shaulis, Esquire, Chairman, shall be paid the sum of $50.00. BY THE COURT, Kevin . Hess, P. J. (I/Kathleen Shaulis, Esquire Court Administrator i? ,> :rlm "????, ?? ?b?Gt Ael PYLI