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HomeMy WebLinkAbout12-5839COMMONWEALTH OF PE 3YLVANIA COURT OF COMMON PLEAiS Judicial District, County Of 1. U M bp(/` ~°'~CJ COMMON PLEAS No, ~.2- ,~g ~~~//L NOTICE OF APPEAL Notice is given that the appellanX h ~ 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. Np~+E OF PELLA 1-~,'f' 'cr t"~"}'~~PS ~~ -~~fv c,-~r; ~y MAG. DIST. NO. °- • 03 - 0 5 N OF MDJ .~Qn , elr~ ~t1A~U~ ~o~, w.ld ~'~a w..) ADDR ~ ~~~f Ih S~.i ~~21 ~~Q ~~ '~a` r~ZIPC E J v ~ / ~~ PATE F JUDGMENT ~/ 12_ N CASE OF (PfarntitJl (Mj' Va>n . t~ S C~ ~ Ill!'d ~ L.ai't ~ftJ i.. DOCK Nta' (( Cj • 10 W ~ • ~ a l ~" ~~~~i SI URE O APPELLANT O O OR AGENT This block will be signed ONLY'w n this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in actin R.C.P.D.J. No. 10088. This Notice of Appeal, when receive d by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED operate as a SUPERSEDERS to the ~ ufigment for possession in this case. within twenty (20) days aRer filing the NOTICE of APPEAL. Signature of Prothorwtary or Deputy (This section of form fo be us Judge. lF NOT USED, detach PRAECIPE: To Prothonotary Enter rule upon ~ d,,~~ TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE ~I,LY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in actbn before Magisterial DisM~t Copy of notice of appeal to be served upon appellee. S~~tt~ appellee(s), to file a complaint in this appeal Name of aPPeUee(s) _ __ (Common Pleas No. l ~ _ ~~r9 ~/I ~ )within twenty (20) days afte ervice of rule or suffer entry of judgment of non pros. ~~~ Signature of appellant or attorney or agent' /~ j ' RULE: To ~ (,~~,~, y~ , ]'E7l ~ Gc~ ~ , appellees) Name bf a (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 sewice 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 Otis rule if service was by mail is the date of the mailing ' Date: ~,, 20 fl~. ~ ~II`~~~~I~ ~ ' ~ r ~~~~~`~ Q~~~Wn~ Signature thou ryorDepugy YOU MUST II~LUDE A C~OI~Y OF THE Nr~G~~ ~JUAfI~~NSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-05 NOTICE OF APPEAL FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT ,~ /03. ,57~ ~,~ ~>~ C°ds ~ k'#,2~'OQ'~r1 ~ ~- COMMONWEALTH OF PQNNJSYLVANIA COUNTY OF CUMBERLAND' 4 ~ }~ ~`R~., ~f.. _ : 1, .- Mag. Dist. No: MDJ-09-3-0 MDJ Name: Honorable aon~id Franklin Howell Address: 507 North Yprk~Street Mechanicsl~rg PA 17055 Telephone: 717-766-+t5~5 --; 801 Sandbank Rd X18' Mt Holly Springs, PA 1I~70~6 Disptvsitbn Summary Noce of Judgrr~rntiTri>lcript Civil C Ise Juanita P Scott V. Bitner Brothers Construction Inc. Docket No: MJ-09305-CV-0000104-2012 Case Filed: 5/25/2012 l~ili~r~igt] MJ-09305-CV-0000128-2012 r'8rothers Construction Ine. Juanita P Scott Judgment br Plaintiff MJ-09305-CV-0000104-2012 JUa ite P Scott Bitner Brothers Construction Inc. Judgment for Plaintiff JwrJ~metrt Bury Bitner9rothers Construction Inc. ' Bitner Brothers Construction Inc. ' Juanita P Scott Juanita P Scott J ud~rtent L3atb11i1 i'Post Ju~ In the matter of Juanita P Scot Civil Judgment Costs In the matter of Bitner Civil Judgment Costs ANY PARTY HAS THE RN THE. PROTHO!l~TARYACLL~RM J FOF EItCEPT AS C~ HOLEJEft EI.ECT$ TO ENTER cauRT of ca~slaN Pt.EA$ a tB1LESS TMiE Jt REtaUEST FOR ENTRY Of SA1 OR OTHERWISE COMIPI.IES W Joint/Severai Wb6ity tndi $0.00 vtduai trataii~- $2,878.83 ', $0.00 $0.00 $0.00 $0.00 I~ $0.00 $1,543.32... Dianositieu~ Date oart2i2o12 08/22/201 ~ $2,878.83 $0.00 $0.00 $1,543.32 :'~ Bitner Brothers Construction Inc. on 8/22/2012 the judgment was awarded as fo8ows: indiv~tduat Ll~iity t7,loosit Aooil~d .mount $0.00 $2,711.00 $2,711.b0 $0.00 $167.83 $167.83 Grand Total: i2,8T8.83 gnstruction Inc. vs. Juanita P Seott on 882/2012 the judgment was awarded as follows: _ Indi~i Liabiiit~r oniiisd $o.oo $1,a9o.ss $t,aso.ss $0.00 $52.33 $52.33 Grand Total: $1543.32 TD APPEAL WITHIN 30 OAYS AfTER .THE ENTRY OF JtlfltlT BY FILBiG A NOTN:E OF APPEAL WIT ' COURT QF C~AIMON PLEAS, CIWL DtY1SN3N. YOU MWST INCLUDE A COPY OF THIS'. NOTICE O~ Yflt1R`NCiTICE OF APPEAL. >D IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL. DISTRICT JUD®E8, If TH6 JUDGMEN i JUDGMENT iN THE COtlRT OF CIQMNtGN PLEAS, ALL Ft~tTl~t MST COMI FROM TH~ FURTHER PROCESS MAY BE iS8lJED BY THE MAi;R8TERIAL DI$TRNT JUDGE TERED tN THE COURT OF COMMC)N PLEAS, ANYONE. BITER~TED N! THE JtiM(iIMENT',MAY FILE CTN3N WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, fiiE JUDGMENT. .m . „~ L „~ .-> Date ~. . Ma isterial District Jud Donald Franklin Howell 9 9e MDJS 315 Page 1 of 3 Printed: 08/22/2012' 1 Juanita P Scott v. Bitrfer Brothers Construction Inc. Docket No.: MJ-09305-CV-0000104-2012 ae a a a copy o e rector o p ngs aarmg i men . Date Magisterial District Judge MDJS 315 Pape 2 of 3 RrinMct f)8J22/2042 11:55:23AM Juanita P Scott Docket No.: MJ-09305-CV-0000104-2012 v. Bitner Brothers Con$truction Inc. Participant List Privatie{s) Daniel Poi ,Esq. $01 SandtFan ' Rd X18 Mt Holly Slpri gs, PA 17065 Michael S~ot~ Travis, Esq. 39tY4 Tri IRd Camp H~Ij PA 17011 Juanfta P IScbtt 935 Paul (~i~ Mechanic~brtig, PA 17055 C1e#en~aM(s- Bitner Broths Construction Inc. 416 E. Noah set Ca-iisle, Pb4 '7013 MDJS 315 ' Page 3 of 3 Prir-#a~ ©QY~+2/2012 11:55:23AM COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL '' Judicial District, County Of C V M bof Jar.c~ FROM MAGISTERIAL DISTRICT~IJUDGE JUDGMENT COMMON PLEAS No./~_ ~~q ~l//L~,,~; 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. „ti 1~,f a~l~('o~~e1'S Kati ~-~'~c'}+iy ..aV-~o3-0 5 Sen,ort ~rI~J fld-,~Id. )-)aw,.l) ADOR 5 O APP LANT ~ ~ NoFth St. CITY C~r'),g l~ rSTATE I ~. ZIP COO 170 ~~~ I f1F N/~JC Vr ~r/IN!/Y/If V - /IZ J va,n,f~ Sc ,~ ~dt~~.~ ~ c~ s}~'~~~:•~ ~ CV~OH=~aIL ~V~~ 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. 10086. 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 SUPERSEDERS to the judgment for possession in this case. within twenty (20) days after filing the NOTICE of APPEAL. Signature wProthaatary or Deputy 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 J ~~ , ~ 0. S~~ appellee(s), to file a complaint in this appeal Name of appellees) (Common Pleas No. ~~ _ tr]O J~ ~~~ r/ )within twenty (20) days after ervice of rule or suffer entry of judgment of non pros. ~i~f-~~~ Signature of appellant or attorney or agent RULE: To ~ iJQ, h , J-Q S Gy ~ , appellees) Name of appellees) (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 rrot fife 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: ~ 20 ~t~~~-~~~~~~~ ~~Rft~~ QN~~~~W~~ SlgnaturoofProtnonoaryorDeputy is3# yy~~ Y'{ YOU MUST INCLUDE A COPY OF THE NF}'~G~~ ~JU~p~'f~"I~ANSCRIPT FORM WITH THIS NOTICE OF APPEAL. ~1 ~`. "r~~~l~ i.~E3tl~ ~~! -! ~' AOPC 312-05 ~'~ } ~ '~ ~t `" ~' .~ ~' •- I '.,~ ~ ~ ~ ____ O r9 Postage $ `_ t m ~ Certified Fee - p Q Retum Receipt Fee (Endorsement Required) . , .~ y Restricted DelNery Fee :,' p (Endorsement Required) r-~I © Total Postage & Fees $ - , ~ ~~, ~ n ' ~ ~ __ _ .. (1J A nr ov ' =~~ - -----°----- .. - p - - - a-+F - Street Api hb.; - ° crty, score, z-P+a ~ ~ 7G Fi `" f ~ ~~ t~' ~' . . ~ ~..: ~~~~.~.i"t~i` ~~~~L E~~ 1'E pRQT~~ON~I'r~~'~' ~~ SEP ~ ~ ~M ~~t ~~ CU FED YLUANIA TY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED W1TH1N TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ f , ~b ~ 1~-~_ _ ; ss AFFIDAVIT:-~I hereby (swear-)+-(affirm) that I served ~a .s ~3g ^ a copy of the Noaticer~of Appeal, Common Pleas Nop,,~/, upon the Magisterial District Judge designated therein on (date of service) I ~ d7, 02 (2 ~ oy person rvice b rCq~~atered) mail, sender's receipt attached hereto, and upon the appellee, (name) , o~ SGQ T+ ~~ ~ , 20 L. ^by personal service^ by ( rtifie (registered) mail, sender's receipt attached hereto. (SWORN (AFFIRME AND SUB CRIBED BEFORE ME THIS ~ DAY OF ~'; 20 l C`~~~ Sign re of official before whom affidavit was made furs of a n Title of official My commission expires on , 20 ~~~ ~ ~~' AOPC 312A - 05 r At IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA t ,., -° T 1 ~ JUANITA SCOTT ~~ ~m N o ~ ~ rnr= ^~ -~ -Q m PLAINTIFF Docket No. 12-5839 ~D ~ o~ i--... ~ ~ z -r- BITNER BROTHERS CONSTRUCTION INC. Civil action -law "' Defendant ~ ~ `~` ANSWER And now here comes the defendant, Bitner Brothers Construction Inc. By and through its attorney, Daniel Pollock, Esq. to answer the complaint filed against it 1. Admitted 2. Admitted 3. Admit in part deny in part Contract was to control the water entering the basement area and drain the water away from the basement as opposed to correcting a wet basement condition 4. Admitted 5. Denied work was performed in a workmanlike manner until Plaintiff refused to memorialize the change work orders. 6. Denied, by further answer the Plaintiff s brother was a constant interference to the completion of the work 7. Denied, by further answer plaintiff's brother interfered with the Defendant's ability to level the floor properly to allow for the lamination 8. Denied, By further answer Plaintiff refused to memorialize the change work orders after which Defendant left the job 9. Denied, by further answer Plaintiff refused to memorialize the change work orders which called for the extra sump pumps hence the sump pumps were removed and the job abandon due to the PlaintifYs Breach of Contract 10. Defendant is without knowledge as to who completed the work, if in fact it was completed hence is it denied, strict proof demanded. 11. Defendant is without knowledge to form an answer to the allegation hence it is denied, strict proof demanded 12. Defendant is without knowledge as to what was salvageable or not hence this paragraph is denied, strict proof is demanded. 13. Defendant is without knowledge as to this claim, hence it is denied, Strict Proof demanded 14. Admitted 15. Not listed no answer required 16. Defendant is without knowledge as to how this figure is calculated or if it is relevant hence it isDenied Strict Proof Demanded 17. Answers are incorporated as set forth 18. Admitted 19. Admitted in part, denied in part, Defendant did have to remove the original pour of the concrete which did not set right due to the Plaintiff s brother's interference 20. Denied not part of original contract, by further answer The Plaintiff refused to memorialize this type of work 21. Denied, Defendant only refused to complete work when Plaintiff refused to memorialize the amended work change orders 22. Denied 23. Denied Wherefore the Defendant prays that the Honorable Court award a verdict in favor of the defendant. es ectf~lly sub itte _ ;~~~ ,:~~~ J -~ ~- .~ A orney for the Defendant Daniel Pollock, Esq. 801 Sandbank Road #18 Mount Holly Springs, Pa. 17065 717-486-0030 VERIFICATION I verify that the statements made in this answer 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 Date Charaes Bitner AFFIDAVIT OF SERVICE On October 25, 2012, I Daniel Pollock, Esq. did serve a copy of this Answer by First Class Mail to the following parties: Michael Travis, Esq. 3904 Trindle Road Camp Hill, Pa. 17011 Attorney for Juanita Scott R ectfully Submitted, ~ . ~ ~ ~ Jf, ~/~ G ~ -~ DanieY'Pollock, Esq. 801 Sand Bank Road # 18 Mount Holly Springs, Pa. 1.7065 Pa. Super Id. 70315 (717) 486-0030 Michael S. Travis ID No. 77399 [11 #il`� :YTM�� s 3904 Trindle Road MAR Camp Hill, PA 17011 �1 � Ati ll: 46 717-731-9502 , �E RL 4 NO mst @mtravislaw.com PEASYL V NI Y Attorney for Defendant A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ) Bitner Brothers Construction, Inc., ) No. 12-6242 Plaintiff, ) vs. ) Civil Action Law Juanita P. Scott, ) Defendant. ) Appeal from MDJ 128-2012 MOTION TO MAKE RULE ABSOLUTE NOW COMES the Defendant, Juanita Scott, by and through the office of the below signed counsel, who moves the Court as follows: 1. On February 15, 2013, this Court issued a Rule that Defendant show cause, if any, why the requested relief to consolidate should not be granted. 2. Twenty (20) days have lapsed since service, and Defendant, being the Movant requested this relief and therefore concurs. WHEREFORE, Defendant prays this Honorable Court for an Order granting the requested relief to consolidate this case with docket number 12- 5839. Respectfully s itted, s ' ravis 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 mst@mtravislaw.com Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ) Bitner Brothers Construction, Inc., ) No. 12-6242 Plaintiff, ) vs. ) Civil Action Law Juanita P. Scott, ) Defendant. ) Appeal from MDJ 128-2012 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document was served on the below persons by first class U.S. Mail, postage prepaid: Daniel Pollock, Esquire 801 Sandbank Road #18 Mount Holly Springs, PA 17065 f,0 chael S. Travis 3904 Trindle Road Camp Hill, PA 17011 Attorney for Defendant BITNER BROTHERS : IN THE COURT OF COMMON PLEAS OF CONSTRUCTION, INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION—LAW JUANITA P. SCOTT 12-6242 CIVIL TERM JUANITA SCOTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION—LAW BITNER BROTHERS CONSTRUCTION, INC., Defendant NO. 12-5839 CIVIL TERM IN RE: MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 26h day of March, 2013, upon consideration of the Motion To Make Rule Absolute filed by Michael S. Travis, Esq., attorney for Juanita Scott, and with no objection from Daniel Pollock, Esq., attorney for Bitner Brothers Construction, Inc., the motion is granted and the cases captioned above shall be consolidated at docket No. 12-6242 Civil Tenn. All further filing in these matters shall be filed at No. 12-6242 Civil Term. BY THE COURT, Christylo6 L. Peck, J. Michael S. Travis, Esq. rn GD rn 3:0 3904 Trindle Road 7,0 :Z :-F'M CZ) Camp Hill, PA 17011 Attorney for Juanita Scott U Daniel Pollock, Esq. 801 Sandbank Road#18 Mount Holly Springs, PA 17065 Attorney for Bitner Brothers Construction, Inc. :rc ;PF s roe l�l