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Home My WebLink About12-5203COMMONWEALTH' OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. /aZ--o3 C. IVY 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. APMLLAW i? DATX?OF v -7 J IN E OF LPbWffl) TMt -31 P is o \ n l 1 /D1Q 17 l 4?is? 1? ?? QI A'? kA4 m(y\ This block will be sign R.C.P.D.J. No. 10088. This Notice of Appeal, i SUPERSEDEAS to the 3 c o5 -CV -(C?OoO \ is required under Pa. If appellant was in received by the District Justice, will operate as a before a District Justice, A CIWPLAINT MUST BE FILED within twenty neM for possession in this case. (20) days after filing the NOTICE of APPEAL. 71 PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form 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 m copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to fie a complaint in this appeal Name of appease(s) (Common Pleas No. ?? _ SZQ 3 ) within twenty (20) days after service of rule or suffer entry i f judgment of non pros. O ?/ ?natlas of appepent or a /ttoP* or agent RULE: To ` appellee(s) Name of s) (1) You are nob ied 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 notlfile 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: u J6 .20 /a O_qi a vm?me oy or 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 SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED IMTHIN 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 affrant Signature of official before whom affidavit was made Title of official My commission expires on 20 M7 4z r#° *a' n j OZ OR 1 E COMMONWEALTH OF PENNSYLVANIA Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND Case Mag. Dist. No: MDIJ-09-3-05 MDJ Name: Honorable Donald Franklin Howell Address: 507 North York Street Mechanicsburg, PA 17055 Telephone: 711-766-4575 Ryan Hoffman 1117 Nanroc Or Mechanicsburg, PA 17055 Disposition Summary Liberty Square Condominium V. Ryan Hoffman Docket No: MJ-09305-CV-0000115-2012 Case Filed: 6/13/2012 Docket No Plaintiff Defendant Disposition uisposition uate MJ-09305-CV-000011-2012 Liberty Square Condominium Ryan Hoffman Judgment for Plaintiff 08107/2012 Judgment Summary Participant Joint/Several Lia bility Individua l Liability Amount Liberty Square Condominium $0.00 $0.00 $0.00 Ryan Hoffman $0.00 $3,885.02 $3,885.02 Judgme'At Detail!, ("Post Judgment) In the matter of Libe rty Square Condominium vs. Ryan Hoffman on 8/07/2012 the judgment was awarded as foll ows: Judament C m on n Joint/Several Lia bility Individu al Liability Deposit Applied Amount Civil Judgme nt $0.00 $2,980.00 $2,980.00 Filing Fees $0.00 $127.16 $127.16 Attorney Fees $0.00 $777.86 $777.86 Grand Total: $3,885.02 ANY PARTY HA THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTA Y/CLERK OF COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANS RIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OT ERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS T ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMO PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE J DGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENT Y OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE CO PLIES WITH THE JUDGMENT. T-T `-c OIQVh Date -Magisterial District Judge Donald Franklin Howell ` certify that this is a rue an correct copy o the record o the pro edings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 08/07/2012 1:52:09PM Liberty Square Condominium v. Ryan Hoffman Participant List Private(s) Kenneth James McDermott II, Esq. $humaker Williams PC P.O. Box 88 Harrisburg, PA 17108 Plaintiff(s) Liberty Square Condominium P.O. Box 294 Mechanicsburg, PA 17055 Defendant(s) Ryan Hoffman 1117 Nanroc Dr Mechanicsburg, PA 17055 Docket No.: MJ-09305-CV-0000115-2012 MDJS 315 Page 2 of 2 Printed: 08/07/2012 1:52:09PM 2112 AUG 28 PM 1:50 CUM, ? (VANIA PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMP'LAIN'T' rh'_- goof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the o -?tice of aorleai heck applicable boxes.) COMMONWEAL' H CF PENNSYLVANIA COUNTY AFRE)AVIT: hereby (swear) (affirm) that i served -c py of the Notice of Appeal. Common Pleas _Aa- upon the District Justice designated therein on ;;late of service) 20 44 by personal service ? by (certified] (registered} mail, senders receipt a-ttached hereto, and upon the ppellee, (name) en'rot} 20 ?J by personal service t? by (certified) !registered) mail. sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIEED BEFORE ME T H 1 7 -- Dx.Y !JF _11,4t-,}} 20 1 Z. StRr a f nt`M?,aI oe`? vItern :iffrdaw! vas made ?--- ,,rgnature ofa(fiant ? ',;SItL '"'e o' nf`n a My cor?ir???ssion expire=, on ?- ?" ??L? . 20 COMMONWEALTH OF PENNSYLVANIA -------- Notarial Seal Jarod Buck, Notary jPublic Upper Allen Tvrp., Cumbeounty Expires , 2012 My Commission Member. Pennsylvania Association o otaries COMMONWEALTH OF PENNSYLVANIA. COURT OF COMMON PLEAS Judicial District, County Ot NOTICE OF APPEAL. ROM DISTRICT JUSTICE JUDGrMEN COMMON PLEAS No. NOTICE OF APPEAL. Notice is given that the appellant has iliac in hra ac,ove a err{on =ieas an appeal from the judgment renaerecthe date and in the case referenced below -NAME OF APPELLANT AA( NAME OF D i. ADDRESS OF APPELLANT !;TAYF ----__--__ _-_---'--_- DATE OF JUDGMENT ' {N THE CASE QF (Pf»intaftl t7e!»ntlarti va DOCKET No. p S€GNATURE APPELLANT OR ATTORNEY OR AGENT 9 This block wil{ be signed ONLY when this notation bs required under Pa If appellant was Claimant (See Pa. R C.P.D.J. No- 10011 ; i.? a(R.C.P.D.J. No. 1008B This Notice of Appeal, when received oy the District ,Jusuc.es. Mh operale as e ?)etore a District Justice, A COMPt_AW T MOS 1-16E FILE-0 wri 'art SUPERSEDERS to the judgment for possession in this case days after tiling the NO/-;?CF of APP-A Sdgr.»FU/p o6 ?rzstln7nN»r}x' Q7elxax:PRAECIPE'TO ENTER RULE TO FILL: COMPLAINT AND RULE TO FILE this section of form to be used ONLY` when appellant was DEF=ENDAfv ;'see F°a.rt.G F.D,i No iu,3is ) ir= action oetore Jis.r€cz . NOT USED, detach from copy of notice of appeal to he served uvon appeliee PRAECIPE: ''?,: Pfothonotat v i=nter rule uporp appellee(s). to file a cornptainr ,- , . Barn") of apoailee(s, i within. Twenty ii.0) days after service of rule or suffer entry of judgment ;'Common Pleas No 5C20-3 t??rw RULE: I a appeliee;i.t Signature of appellant of attomer n o,p?o Name of appettee(c) {1) You are notified that a rule is hereby entered upon you eo file a complaint in this appeal within twenty }26) days after a',c -2 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 jUDGMEN'f OF NON PROS MAY BE ENTERED AGAINST Y01 (3) The date of service of this rule it service was by mat; t the dale Of the mailing. Date 20 Signature of Prothonotary or Repay YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL, +0 (" 3,12.0) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Liberty Square Condominium, Plaintiff I v. Civil Action No. 2012-5203._ Ryan Hoffman, Defendant _.. ~._7 PRAECIPE FOR ENTRY OF APPEARANCE - TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, Ryan Hoffrnan, in the above- captioned matter. Dated: t ~~~ ~~' ` ~- ~~ ~.. Respectfully Submitted, GATES, HALBRUNER, HATCH & GIISE;. P.CD t. ~ } ~,,~ <<,, ~,. ~,•~,'~ ~ ~ ;' ~ ,1' ~ ~..~ j Alicia A. BlankensYip, Esquire PA ID 309898 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Phone: (717) 731-9600 Fax: (717) 731-9627 Attorneys for Defendant i CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Praecipe _for Entry of Appearance was served upon Plaintiff's counsel of record, by first class mail, addressed as follows: Kenneth J. McDermott, Esquire Shumaker Williams, P.C. P.O. Box 88 Harrisburg, PA ] 7108 Attorneys for Plaintiff Dated: i ~ i i ;':$ ;' -----~=- Alicia A. Blankenship, Esq. Gates, Halbruner, Hatch & Guise, P,C. 1013 Mumma Road, Suite 100 Lemoyne, PA l 7043 Phone: (717) 731-9600 Fax: (;717) 731-9627 Attorneys,for Defendants GATES, HALBRUNER, FIATCH & GUISE, P.C. By: Alicia A. Blankenship, Esq. ~- ~'~ ~ ,f ~ , PA ID "309898 ~~" ~ "~ l Ol 3 Mumma Road, Suite 100 ~~~ _ Lemoyne, PA 17043 ~ ~ `" ' ~ `~' ' ~~ :;' Phone: (717) 731-9600 Fax: (?17) 731-9627 Attorneys far Defendant IN THE COURT OF' COMMON PLEAS OF CUMBEF.LAND COUNTY PENNS~Y'LVANIA Liberty Square Condominium, Plaintiff v. Civil Action No. 2012-5~?03 Ryan Hoffman, Defendant ANSWER AND NOW, comes Defendant Ryan Hoffman, by and through his undersigned attorneys, Gates, Halbruner, Hatch & Guise, P.C., and files the within Answer in response to Plaintiff's Complaint, and in support thereof avers as follows: l . Defendant is without sufficient knowledge or belief as to the truth of this averment. 2. Admitted. 3. Admitted based upon information and belief. 4. Denied as a legal conclusion. Furthermore, representations as to content and interpretation of the "By-Laws and Declaration" are denied as they are documents ~~,hich speak for themselves. 5. Denied as a lE;gal conclusion. Furthermore, representations as to content and interpretations of the By-Law and Declaration are denied as the documents speak fir themselves. 6. Denied as a legal conclusion. Furthermore, representations as to content and. interpretations of the 13y-Law and Declaration are denied as the documents speak for themselves. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 1 1. Denied as a legal conclusion. Furthermore, representations as to content and interpretations of the By-Law and Declaration are denied as the documents speak for themselves. 12. Denied as a legal conclusion. Furthermore, representations as to content and interpretations of the By-Law and Declaration are denied as the documents speak for themselves. 13. Denied, representations as to content and interpretations of the; By-Law and. ~~eclaration are denied as the documents speak for themselves. 14. Denied, representations as to content and interpretations of the By-Law and Declaration are denied as the documents speak for themselves. 15. Denied, representations as to content and interpretations of the By-Law and Declaration are denied as the documents speak for themselves. 16. This is a lega conclusion to which no response is required. To the extent a response is required, this averment is denied and strict proof thereof is demanded.. 17. Admitted. 18. Denied, representations as to content and interpretations of the letter included as Exhibit "B" to Plaintiff's Complaint are denied as the document speaks for itself. 2 19. It is denied that Hoffman refused to pay outstanding Assessments and strict proof thereof is demanded. Representations as to content and interpretations of the letter included as I/xhibit "C" to Plaintiff's Complaint are denied as the document speaks for itself. 20. It is admitted that Hoffinan has not paid his outstanding Assessments. By w,ay of further answer, Hotfinan agreed to pay any outstanding assessments in exchange for inspection of Liberty Square's financial records. 2l. Admitted. 22. Admitted. 2,. Admitted. 24. Denied as a legal conclusion to which no response is required. 25. Defendant is without sufficient knowledge or belief as to the tn.rth of this averment. 26. Defendant is without sufficient knowledge or belief as to the math of this averment. COUNT I (BREACH OF CONTRACT) 2~. Paragraphs 1 through 26 are incorporated herein as though set forth at length.. 28. Denied as a legal conclusion. Strict proof thereof is demanded. 29. Denied as a legal conclusion. Strict proof thereof is demanded.. By way of fiarther answer, Hoffinan had an agreement with the Treasurer to pay the entire years Assessments in one lump sum at an agreed upon time. 30. Denied. Byway of further answer, Hoffman agreed that he would pay any outstanding Assessments in exchange for inspection of Liberty Square's financial records. 31. Denied as a legal conclusion. Strict proof thereof is demanded.. 32. Defendant is without sufficient knowledge or belief as to the math of this ave~nent. 3 33. Denied as a legal conclusion. Strict proof thereof is demanded. WHEREFORE, Defendant Ryan Hoffman demands judgment in his favor. COUNT II (UNJUST ENRICHMENT) 34. Paragraphs 1 through 33 are incorporated herein as though set forth at length. 3 ~. Denied as a legal conclusion. Strict proof thereof is demanded. 36. Denied as a legal conclusion. Strict proof thereof is demanded. By wa_y of ~fi~rther answer, it is specificakly denied that Liberty Square provided "all maintenance, repairs, replacements, management, preservation, administration and operation" to Hoffinan's Property as Hoffman is still awaiting his roof and ceiling to be fixed from a Leal: in the roof that began more than one year ag;o. 37. Denied as a legal conclusion. Strict proof thereof is demanded. 38. Denied as a legal conclusion. Strict proof thereof is demanded. 39. Defendant is v~ithout sufficient knowledge or belief as to the truth of this averment. WHEREFORE, Defendant Ryan Hoffman demands judgment in his favor. Respectfully Submitted, GATES, HALBRUNER, HATCH & GUISE, F'.C. Dated: i ~ ~ ~ , ~ ~l, ~ ~~ _ ~~~ _ _ _ _ _ Alicia A. Blankenship, Esquir- e-fi-~ PA ID 3098'8 1013 Mumma Road, Suite 100 Lemoyne, P.A 17043 Phone: (717) 731-9600 Fax: (717) 731-9627 Attorneys for Defendant 4 VERIFICATION The undersigned hereby verifies that the statements made in i:he foregoing ~~nswer are true and correct to the best of my knowledge, information, and belief. I understand that false statements are made subject to the penalties of 18 l?a. C.S. § 4904, relating tc~ unsuJarn falsification to authorities. 1 Date: 1j ~~ `~.1 ~ CJ I ~... 5 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Ansh~er ~~as served upon Plaintiff's counsel of record, by first class mail, addressed as follows: Kenneth a. McDermott, Esquire Shumaker Williams, P.C. P.O. Box 38 Harrisburg, PA 17108 Attorneys for Plaintiff Dated: ~~,~~ ~~ ,.:' ___ --- Alicia A. Blankenship, Esq. Gates, Halbruner, Hatch & Guise, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 Phone: (717) 731 -9600 Fax: (717) 731-9627 Attor°neys for Defendants 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL,~'AMA LIBERTY" SQUARE CONDOMINIUM - -- _ - Plaintiff N~~.5203 ,C'ivil ,t, l2 VS. ^f . _ .. ~ ~_, RYAN HOFFMAN ~ - - Defendant - __, - RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially ~n th~:~' ~' Following form: ~~~. ~~~= ~- -~~"~ _- t_ PETITION FOR APPOINTMENT OF ARBITRATORS _ TO THF... HONORABLE, THE JUDGES OF SAID COURT: Kenneth J. McDermott 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 $ 2.300 plus interest, costs & attorneys' fees The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disquaEitied to sit as arbitrators: Kenneth .f. McDermott, Evan C. Pappas, and Alicia A. Blankenship WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully'submitted, Q~w.~ ~;~g.S~~~, ORDER OF COURT I ~ q AND NOW, petition., Esq., and _ captioned action (or actions) as prayed for. C~ ~~ 2.00_ , in consideration of the foregoing '~ d ~ 4 Esq., and __ _ Esq., are appointed arbitrators in the above By the Court, Kevin A Hess. P.J. ORIGINAL LIBERTY SQUARE CONDOMINIUM, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. Civil Action No. 2012-5203 Civil RYAN HOFFMAN, Defendant PRAECIPE TO DISCONTINUE, SATISFY AND END To the Prothonotary: PLEASE mark the above matter as discontinued and mark the judgment entered against Defendant, Ryan Hoffman, as paid, satisfied and discontinued. SHUMAKER WILLIAMS, P.C. Dated: May 30, 2013 By VC Pappas, I.D. #200103 ennetii J. McDermott, I.D. #205555 P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Attorneys for Plaintiff :254178 rn :Zrn C-0 -� cn co CERTIFICATE OF SERVICE I, Kenneth J. McDermott, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy of the foregoing Praecipe to Discontinue, Satisfy and End on this date by depositing a copy of the same in the possession of the United States Mail, first-class, postage prepaid, addressed as follows: Alicia A. Blankenship, Esquire 31 North Grant Street Manheim, PA 17545 SHUMAKER WILLIAMS, P.C. Dated: May 30, 2013 By Kffmeth J. Mc ermott P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121