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Home My WebLink About12-6812COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. d - I V I I 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. ADDRESS OF APPELLANT CITY ?- STATE ZIP CODE a, -t ir DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (D fendant)' ?ci- f? - ?z ?? 5c?c„n r G<<,?n Vs SIB < Kr"nPv )c. This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will operate as a SUPERSEDEAS to the judgment for possession in this case. If appellant was (see Pa. R.C. P.D.J. No. 1 before a Magisterial District Judge, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature of Prothonotary 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 ) c Y\ appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. within twenty (20) ;days aft ervice o rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent 1 RULE: To J Jl 1 (? -,i., t') j i U 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 file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (?) The date of 5ervice or this rule if service was by mail is the date of the mailing. Date: 14-720 I dINVAIASNN3d .?Itmoo aNV1B3GWn'J YOU MUST INCLUDE A COPY OF THE NOTICE OF J dD*MW1T/f &1@t FORM WITH THIS NOTICE OF APPEAL. V L ro ti I ae PC 312-05 -1-40-a3 AO O?w-? a Iu3. so pa Ca Sh V'0 , -?a?€? 7';OMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notice of Judgment/Transcript Civil Case Mag. Dist. No: MDJ-09-2-01 MDJ Name: Honorable Paul M Fegley Address: 2260 Spring Road, Suite 3 Carlisle, PA 17013 Telephone: 717-218-5250 Steve Kempski 213 Frytown Road Carlisle, PA 17015 Disposition Summary Brickman Group V. Steve Kempski Docket No: MJ-09201-CV-0000105-2012 Case Filed: 8/29/2012 Docket No Plaintiff Defendant Disposition Disposition Date MJ-09201-CV-0000107-2012 Steve Kempski Brickman Group Judgment for Defendant 10/11/2012 MJ-09201 -CV-00001 05-2012 Brickman Group Steve Kempski Judgment for Plaintiff 10/11/2012 Judgment Summary Participant Joint/Several Liability Individual Liability Amount Brickman Group $0.00 $0.00 $0.00 Steve Kempski $0.00 $4,191.00 $4,191.00 Judgment Detail (*Post Judgment) In the matter of Brickman Group vs. Steve Kempski on 10/11/2012 the judgment was awarded as follows: Judament Comp onent Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $0.00 $4,038.00 $4,038.00 Filing Fees $0.00 $153.00 $153.00 Grand Total: $4,191.00 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. 10/// Date Magisterial District Judge Paul M Fegley, certify that this is a true an correct copy o the record o the proceedings containing the judgment. Date Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 10/11/2012 1 0 12:58AM Brickman Group V. Steve Kempski Participant List Defendant(s) Steve Kempski 213 Frytown Road Carlisle, PA 17015 Docket No.: MJ-09201-CV-0000105-2012 MDJS 315 Page 2 of 2 Printed: 10/11/2012 10:12:58AM ;r IL~O-QF~~iC~ r~~ t NE PRfl7HUNC~TAP~' ~0~~ NOY -9 AM 9~ 46 CUMBERLAND Ci~~1N'~Y ~ r ~ t , ~ ,, , I ~,_ PENNSYLVANIA tv __ ... _.._.__..___. _ _ _._ .~ ~;~ ~z 51~ lC~. ~ - ~ - PROOF OF SERVICE OF NOTICE OF APPEAL ~ ~~~~;,,~~i, ,,,~ (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing c the notice of appe ~ ec ; J COMMONWEALTH OF P NSYLVANIA COUNTY OF ~;m ~{/ ~~ ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas No. )U~~lupon the Magisterial District Judge designated therein on (date of service) 'il ~ , 20 ^ by person~~l service by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ___~, on i~/~ , 20 1 L ^by personal service^ ~` by certified) (egistered) mail, ~~~ sender's receipt attached hereto. / (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS `'') SAY OF _~, 20 t Sig ature'af olrr7biahhefore hotel affidavit was Title of official Ivty commission expires on , 20 Prothawtary. Cumberland County Car~sle. P ~, C~ission Expires the first Moody ~ ~ AOPC 312A - 05 . ,~ f~ r;,~ R m ~ ~! ~`~! ~ ~~ -..- d, ~o ~' ..n O - m r ' d ' ~ ,, , O ( I i~31 11 IT ~ ~ P,e~f a k ~. ~~ } ~ - E j [ II ,, ^ ! t, c~_• ,_ ~ ,; ~ i _ . r ~, i ~~ t ~'/~~ ~_~ Sign ure o affiant .S. Postal Service E TIFIED MAIL RECEIPT Dam stic Mail Only: No Insurance Coverage Nrovided) Ford livery information visit our website at ww~ .usps.com,. ..D ~n W 0 0 [7 Retum Receipt Fee (Endorsement Requirecq Restdoted Delivery Fee (Endorsement Required) f` .,, - .f'rti'\ f ~ Postmark~y ,~`4 ~`;~ ~~.. i ,., ~ f '~' ~-r t . ..:. _. 4 Brickman Group COURT OF COMMON PLEAS 925 Lewisberry Road CUMBERLAND COUNY Lewisberry PA PENNSYLVANIA c~ ,,,, ::;.~ Plaintiff ~ --a3 ~ ,.,, --± ~ w Z ~ ~., Vs. CIVIL ACTION-LAW czn ~ 'c i ~ ~„ ~c ~ .... ~, Steve Kempski No. 12-6812 Civil 5c-> ~ ~- 213 Frytown Road ~.~ c~ ~~' Carlisle, PA 17015 "~ ~" ~"` rn Defendant 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 an 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 defendant. 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH THE INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAYWER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717)249-3166 800-990-9108 Brickman Group COURT OF COMMON PLEAS 925 Lewisberry Road CUMBERLAND COUNY Lewisberry PA PENNSYLVANIA Plaintiff Vs. CIVIL ACTION-LAW Steve Kempski No. 12-6812 Civil 213 Frytown Road Carlisle, PA 17015 Defendant COMPLAINT 1. Plaintiff is now, and at all times mentioned in this complaint was, a landscaper crew, with a mailing address of 925 Lewisberry Road, Lewisberry PA 2. Defendant, Steve Kempski is a disabled adult individual residing at 213 Frytown Road, Carlisle, PA 17015 3. On or about February 25, 2012 the Defendant contacted the Plaintiff about getting a quote for work which was to plant shrubs, and mulch, and to edge the beds, which was done by a text, to quote the work. 4. Plaintiff promised the job to be done in one day with the lines to be done by machine and all plants to be planted to specks. 5. On or about April 28, 2012 Plaintiff came to Defendants property to start work and Defendant never signed the contact to this date. Told they would be there in the morning and never came. 6. Plaintiff on day one only planted hedge, left trash on property and left after about 4 hours. Told they had to go to court/pick up kid. 7. Plaintiff came back next day for around 2 hours to edge yard and place mulch which they did not place all mulch like it was to be. Told they had another job to go to so they were in hurry to get out of there. 8. Defendant contacted Plaintiff many times to say not happy about work and that arbs were plated to deep and they would not take care of it and mulch looked terrible. 9. Defendant contacted Plaintiff 2 times on plants dying and no reply. 10. 2 days before going to District Magistrates Office Plaintiff contacted my arb guy for his report on the plants so they were aware of the problem. 11. Defendant hired an outside arb guy to see why plants were dying and report will be proof to show why and arb person will be there for the proof for the report. 12. To this day there are dead plants that they planted. 13. Defendant was never given warrant paperwork like promised. Wherefore, Defendant demands judgment against Plaintiff Brickman in the amount four thousand one hundred ninety one ($4191) dollars and cost of filing of appeal. Date: 11/14/2012 Steve Kempski Brickman Group COURT OF COMMON PLEAS 925 Lewisberry Road JUDICIAL DISTRICT, COUNTY OF CUMBERLAND Lewisberry, PA 17339 COMMONWEALTH OF PENNSYLVANIA Plaintiff vs a'i CIVIL ACTION-LAW ~ -,. CV `~ -'~ COMMON PLEAS No. 12-6812 Civil ~~ ~ ~ -,; Steve Kempski a~ -- ~~ ~ ~'== ' ` 213 Frytown Road r c ~ , ~ ~ :' Carlisle, PA 17015 "'<y' ~ ~ ~' Defendant - '. ~ ~ ~ -~,~' ~ ~ ~ C~: _ tV T ~,. C-;, c ;i - , COMPLAINT OF APPEAL .~ ; ~~ ° 1. Brickman Group wa s approached by Mr. Kempski at a job site requesting a quote for landsca pe services at his property located at 213 Frytown Rd, Carlisle, PA 17015. 2. One of our account managers, Mark Supanick, met with Mr. Kempski at his home, discussed the services he wanted performed multiple times and provided Mr. Kempski a quote. 3. Work was agreed upon which came to a total of $5,150 and services were completed 4/28/12. 4. Upon completion Mr. Kempski contacted our corporate, division & regional offices to complain. Mr. Supanick and our Regional Manager, Dave Thomas inspected the work and found no deficiencies. 5. Mr. Kempski has refused to compensate Brickman Group for work performed. 6. Dave Thomas scheduled a meeting at Mr. Kempski's home for 9:30 am on Thursday, 5/31/12. Mr. Kempski was not at home when Mr. Thomas arrived. 7. Dave Thomas and Mr. Kempski spoke by phone 6/4/12. Dave Thomas agreed to make some adjustments to the original invoice bringing the amount due to $4,293. 8. Mr. Kempski has made a $10 payment toward this invoice which does not constitute an agreed upon settlement. 9. Mr. Kempski has been served two letters via certified mail requesting payment. 10. Mr, Kempski previously filed complaint against Brickman Group in Magesterial District No. MDJ-09-2-01. Both Brickman Group and Mr. Kempski testified. On 10/11/12 the court held for Brickman Group and ordered Mr. Kempski to pay Brickman Group $4,191. 11. Mr. Kempski has not paid Brickman Group the judgment amount. Instead, he filed this appeal ~ ~ ~ "~- "-"'C'p1Q1MONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM MAGISTERIAL DISTRICT JUDGE JUDGI~MENT / COMMON PLEAS No. ' ~ ~ ~ Q 1 ~ ~ {V ~ I 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. NAME OF APPELLANT MAG. DIST. NO. NAME OF MDJ 5%~ t/c~ ,>K~t..m 09 - 007. _ a ( «..v ~ ~ ~.. ADDRESS OF APPELLANT CITY ++ STA ZIP CODE ~ r ~ ~2 11' ~ ~..~ ~ iZ.o u~ i~~ t . S ~ e, cam.. I ~ ~ t fa DATE OF JUDGMENT IN THE CASE OF (PlainUfry ,~+ ( fendartt}' . ~'..^ f { -- t ~ ~e a c.1~,aW h v~ G ~ o J vs S ~LLf ~ kZiY-1 S ~ :a DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT 3 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 of Prothonotary or Oepufy 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 `r t } ~ ~ i,,~ ~, ~ ~ f ~r ~~ appellee(s), to file a complaint in this appeal Name orappe!!ee(s (Common Pleas No. )within twenty (20) days aft 'ervice o rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent t ~ , appellees) RULE: To / 1 ~/C,~,4. r Cjf'C ~ 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 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: 111. t. 20 1 A_C~d~II~ ~`~ ld3~W;~ YOU MUST INCLUDE A COPY OF THE NOTICE OF JI~D(~M~~T~f~~~3~ FORM WITH THIS NOTICE OF APPEAL. L 1~0 ~C I ~ .~~~.? oraa~~.a~~ ~~~ ~~~~: AOPC 312-05 ~~~~~I~-~~r?4 Brickman Group COURT OF COMMON PLEAS 925 Lewisberry Road JUDICIAL DISTRICT, COUNTY OF CUMBERLAND Lewisberry, PA 17339 COMMONWEALTH OF PENNSYLVANIA Plaintiff vs CIVIL ACTION-LAW ~ ~ ^' COMMON PLEAS No. 12-6812 Civil `~~ ~ ::! Steve Kempski ~~~ `~ ~'" 213 Frytown Road ~ r' N ~ -; Carlisle, PA 17015 ;~ a"' `~ --r ~: Defendant~'~,,~ -n ~ ~; ;z ~, ~` _- ~' ~:: r'J C' ~'' NOTICE TO DEFEND AGAINST COMPLAINT Rs ~ 1. Brickman Group was approached by Mr. Kempski at a job site requesting a quote for landscape "^"~ services at his property located at 213 Frytown Rd, Carlisle, PA 17015. 2. One of our account managers, Mark Supanick, met with Mr. Kempski at his home, discussed the services he wanted performed multiple times and provided Mr. Kempski a quote. 3. Work was agreed upon which came to a total of $5,150 and services were completed 4!28!12. 4. Upon completion Mr. Kempski contacted our corporate, division & regional offices to complain. Mr. Supanick and our Regional Manager, Dave Thomas inspected the work and found no deficiencies. 5. Mr. Kempski has refused to compensate Brickman Group for work performed. 6. Dave Thomas scheduled a meeting at Mr. Kempski's home for 9:30 am on Thursday, 5/31 /12. Mr. Kempski was not at home when Mr. Thomas arrived. 7. Dave Thomas and Mr. Kempski spoke by phone 6/4/12. Dave Thomas agreed to make some adjustments to the original invoice bringing the amount due to $4,293. 8. Mr. Kempski has made a $10 payment toward this invoice which does not constitute an agreed upon settlement. 9. Mr. Kempski has been served two letters via certified mail requesting payment. 10. Mr, Kempski previously filed complaint against Brickman Group in Magesterial District No. MDJ-09-2-01. Both Brickman Group and Mr. Kempski testified. On 10/11/12 the court held for Brickman Group and ordered Mr. Kempski to pay Brickman Group $4,191. 11. Mr. Kempski has not paid Brickman Group the judgment amount. Instead, he filed this appeal. %~ ~- ~/~ Brickman Group COURT OF COMMON PLEAS 925 Lewisberry Road CUMBERLAND COUNY Lewisberry PA PENNSYLVANIA ~ _ ~' -~-, Plaintiff 3 ~~ rv a .-.., ~_T~ r- Vs. CIVIL ACTION-LAW ~~ _ t' ~.. ~ ' ~ ~ ~~ r, a ~ Steve Kempski No. 12-6812 Civil ~° ~ ~ ~ 213 Frytown Road ~ ,~- ~_> Carlisle, PA 17015 `J ~' -.r' ~~ Defendant 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 an 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 defendant. 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH THE INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAYWER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717)249-3166 800-990-9108 TRUE COPY FROM RECOR~and In Testimony whereof, I here unto set my and the seal of said Court at Carlisl 2 Pa., This ~ ~ day of ~Q~--~ !~ Prothonotary ,~,~w o Y~or~~in*~ Brickman Group COURT OF COMMON PLEAS 925 Lewisberry Road CUMBERLAND COUNY Lewisberry PA PENNSYLVANIA Plaintiff Vs. CIVIL ACTION-LAW Steve Kempski No. 12-6812 Civil 213 Frytown Road Carlisle, PA 17015 Defendant COMPLAINT 1. Plaintiff is now, and at all times mentioned in this complaint was, a landscaper crew, with a mailing address of 925 Lewisberry Road, Lewisberry PA 2. Defendant, Steve Kempski is a disabled adult individual residing at 213 Frytown Road, Carlisle, PA 17015 3. On or about February 25, 2012 the Defendant contacted the Plaintiff about getting a quote for work which was to plant shrubs, and mulch, and to edge the beds, which was done by a text, to quote the work. 4. Plaintiff promised the job to be done in one day with the lines to be done by machine and all plants to be planted to specks. 5. On or about April 28, 2012 Plaintiff came to Defendants property to start work and Defendant never signed the contact to this date. Told they would be there in the morning and never came. 6. Plaintiff on day one only planted hedge, left trash on property and left after about 4 hours. Told they had to go to court/pick up kid. 7. Plaintiff came back next day for around 2 hours to edge yard and place mulch which they did not place all mulch like it was to be. Told they had another job to go to so they were in hurry to get out of there. 8. Defendant contacted Plaintiff many times to say not happy about work and that arbs were plated to deep and they would not take care of it and mulch looked terrible. 9. Defendant contacted Plaintiff 2 times on plants dying and no reply. 10. 2 days before going to District Magistrates Office Plaintiff contacted my arb guy for his report on the plants so they were aware of the problem. 11. Defendant hired an outside arb guy to see why plants were dying and report will be proof to show why and arb person will be there for the proof for the report. 12. To this day there are dead plants that they planted. 13. Defendant was never given warrant paperwork like promised. Wherefore, Defendant demands judgment against Plaintiff Brickman in the amount four thousand one hundred ninety one ($4191) dollars and cost of #iling of appeal. Date: 11/14/2012 Steve Kempski