The URL can be used to link to this page

Home My WebLink About14-3292 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of � ( FROM CUMBERLAND 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 APPELLANT MAG. DIST. NO. NAME OF D.J. Jonathan Matthew Beck M Jessica Brewbaker ADDRESS OF APPELLANT CITY STATE ZIP CODE 107 NOrth East Street A t # 2 Carlisle PA 1701 DATE OF JUDGMENT IN THE CASE OF (Plaintilt) (Defendant)' May 1, 2014 Jonathan Matthew Beck VS AJeff Strickland, att Strickland & DOCKET No. S7�7 P ELLANT OR ATT07 OR AGEN Stric land Bros, LLC t tm Thi lock will be signed ONLY when this notation is required under Pa. If appell nt was Claimant (see P R. - 10011) in action R.C.P.D.J. No. 10088. _ -- This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT AIVR_? BE LELJ_ lthin twenty SUPERSEDEAS to the judgment for possession in this case. r (20) days after filing the NOTICE of APPE4S> O µ Signature of Prothonotary or Deputy tj 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 appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To 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. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 Signature of Prothonotary or Deputy 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 -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE COMMONWEALTH OF PENNSYLVANIA ri Notice of Judgment/Transcript Civil COUNTY OF CUMBERLAND x�z Case t_ Mag. Dist. No: IVI DJ- 09 -2 -02 Jonathan Matthew Beck MDJ Name: Honorable Jessica Brewbaker V Address: 18 North Hanover Street, Suite 106 Jeff Strickland, Matt Strickland, Strickland Bros. Business Central Building Construction LLC Carlisle, PA 17013 Telephone: 717 -240 -6564 Marcus A. McKnight Ili, Esq. Docket No: MJ 09202 CV 0000056 2014 Irwin & Mcknight PC Case Filed: 3/14/2014 60 W Pomfret St. Carlisle, PA 17013 -3222 Disposition Details Disposition Sums - nary (c - cross Complaint) Docket No Plaintif Defend Disposition Disposition Date MJ- 09202 -CV- 0000056 -20)4 Jonathan Matthew Beck Jeff Strickland Judgment for Defendant 05/01/2014 MJ- 09202 -CV- 0000056 -2014 Jonathan Matthew Beck Matt Strickland Judgment for Defendant 05/01/2014 MJ- 09202 -CV- 0000056 -2014 Jonathan Matthew Beck Strickland Bros. Construction Judgment for Defendant 05/01/2014 LLC 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 COMIV10N 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. t _ _ s•r- , Date Magisterial District Judge Jessica Brew.baker I certify that [iiis is a true and correct copy of the record of the proceedings containing the judgment. D Magisterial District Judge MDJS 315 Page 1 of 2 Printed: 05/01/2014 3:50:10PM Jonathan Matthew Beck Docket No.: MJ-09202-CV-0000056-2014 v .Jeff Strickland, Matt Strickland, Strickland Bros. Construction LLC Participant List Private(s) [vlircus A. McKniaht III, Esq. rv,;in & IvIcknight PC 60 V"I Pornfret St Carlisle, PA 17013 -3222 Plaintill(s) Jonathan Matthew Beck 107 N East St. Apt, 2 Carlisle, PA 17013 Defendant(s) Strickland Bros. Construction LLC 690 Creek Road Carlisle, PA 17013 Jeff Strickland 690 Creek Road Carlisle, PA 17013 rvllaft Strickland K)OCreek Rd ar!isle, PA 1 70 1 3 IVIDJS 315 Page 2 of 2 Printed: 05/01/2014 3:50:10PIVI COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of ( FROM 'J 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 APPELLANT G. DIST. NO. NAME OF D.J. ADDRESS OF APPELLANT CITY STATE ZIP CODE DATE OF JUDGMENT IN THE CASE OF (Plaintdl) i (Defendant)' i_1 IX VS f ' � DOCKET No. SIGNATURE OF AP ELLANT OR ATTORN OR AGENT f , �j Y 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 MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after riling the NOTICE of APPEAL. -) cz Signature of Prothonotary or Deputy MIX) M PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE r- c7 , (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in act V NetbrlmVistrYl,ltistice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. A PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attomey or agent RULE: To 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. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312 -02 1J WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE :LLr -t i F : r HE PROTr OW.,'Q;:1 >> 2014 MAY 30 PM 2: 57 CUMBERLAND COUNTY PENNSYLVANIA 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.) COMMONWEA 7, OF PENNSYLVA IA COUNTY OF , ; ss AFFIDAVIT I hereby (swear) (affirm) that I served ❑ a copy of the Notice of Appeal, Common Pleas 141._329Z upon the District Justice designated therein on (date of service) 20 I� , ❑ by personal senyce EJ by ( certified (registered) mail, sender's receipt attach hereto, and upon the appellee, (name) `�,+ rld k f 4 DS o 20 / ❑ by personal service by (certified) (registered) mail, sen er' ceipt attached hereto. (SWORN (AFFI AND CRIB D BEFO E E /� THIS F , 20 � � . ature of affiant NOTARIAL SEAL Signature of official b re w davit was made JOHANNA L KAPURA Notary Public CAMP HILL BOROUGH, CUMBERLAND COUNTY My Commission Expires Jun 5. 2015 Title of official My commission expires on Po sta l Po stal CERTIFIED MAILTm RECEIPT CERTIFIED MAILm RECEIPT Q (Domestic Mail • ntY, No insurance Coverage P - No Insurance Coverage Provided) (Domestic Mail O nly, M �- r` af-T117-71 For delivery Information visit our website at www.usps.come � Postage $ � Postage $ 0 Certified Fee -N � i Certified Fee rq t . Return Receipt Fee O Endorsement Required) O O p Return Receipt Fee ( r o N O (EndorsementRequlred) ca O ' •., .. C3 Restricted Delivery Fee O Restricted Delivery Fee O ti Uty (Endorsement Required) ; 1k-Q- (11 1, (Endorsement Required) ° e F O O t� O 8' ��; �� Total Postage & Fees v n Total Postage & Fees N sentTNDJ Jessica Brewbakero t Sentro Jeff Strickland, t� d Bros, ru __ rl Streef. ,4Wt. .7 �8 (flt�f gdTLSV E' 1 $Cf � N fir" < --------------------- -- ---- --- ------ � or PO Box No. M o rreet, Apt. N o 106 o O ° - - - - -. _..__ o or PO BoxIVo. 690 Creek Roa 1 � -------------------- Ci[y, State, ZIP +4 �3o O m � Ciry State, ziP +a - -- Carlisle, PA 'dry isle; P oL 1 N W , m ...... see Reverse f or instructions JONATHAN M. BECK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 14-3292 MATTHEW STRICKLAND JEFFREY STRICKLAND• AND STRICKLAND BROTHERS : CONSTRUCTION, LLC, Defendant CIVIL ACTION LAW NOTICE 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, but 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 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 ON, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, 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 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. JONATHAN M. BECK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 14-3292 MATTHEW STRICKLAND JEFFREY STRICKLAND AND STRICKLAND BROTHERS: CONSTRUCTION, LLC, Defendant CIVIL ACTION LAW COMPLAINT BREACH OF CONTRACT ti AND NOW this /4 day of June, 201.4 comes the Plaintiff, Jonathan M. Beck, by his attorneys, Irwin & McKnight, PC and makes the following Complaint against the Defendants, Matthew Strickland, Jeffrey Strickland and Strickland Brothers, LLC as follows: 1. The Plaintiff is Jonathan M. Beck, an adult individual who resides at 107 North East Street, Apt 2, Carlisle, Pennsylvania 17013 2. The Defendants are Matthew Strickland, Jeffrey Strickland and Strickland Brothers Construction, LLC with a principal address of 623 Creek Road, Carlisle, Pennsylvania 17013. 3. In May of 2013, the parties entered into a written contract for the Plaintiff to install patios for eight (8) hours in the Boiling Springs area. A copy of the written contract is attached hereto and is marked as Exhibit "A" and made a part of this Complaint. 4. The Plaintiff completed the first patio in June 2013. The work was accepted by the Defendants. 5. The Defendants breached the contract by failing to pay the Plaintiff for the cost of the rental of equipment required to perform the work in the amount of $876.27. 6. In addition, the Defendant failed to honor the terms of the contract by using the Plaintiff for the completion of seven (7) additional patios. The Plaintiff seeks one half of the agreed labor amount for the seven (7) patios in the amount of $8,750.00. 7. The total due to the Plaintiff by the Defendants is: Rental Costs: Lost Labor: $ 876.27 $8,750.00 Total $9,626.27 WHEREFORE, the Plaintiff seeks a judgment against the Defendants, Matthew Strickland, Jeffrey Strickland and Strickland Brothers Construction, LLC in the amount of Nine Thousand Six Hundred Twenty Six and 27/100 ($9,626.27) Dollars together with the costs of this action. By: Date: June 19, 2014 Respectfully submitted, IRWIN & CKNIG T, P.C. Marc A. Mc i ig t, II, Esquire 60 West Pom t Str; et Carlisle, Pennsy 'aria 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for Defendant nC Jonathan M. Beck 107 N. East St. Carlisle, PA 17013 SOW 001 for Agreement to Perform Hardscaping Services to Strickland Brothers Construction Date Services Performed By: Jonathan M. Beck 107 N. East St. Carlisle, PA 17013 Services Performed For: Strickland Brothers Construction 623 Creek Rd Carlisle, PA 17013 � Scope of Work V) Contractor shall provide the Services and Deliverable(s) as follows: For each of 8 houses that the customer is constructing in Boiling Springs: Installation of 4 inch stone base, 1 inch sand bed, and patio pavers. Patio will measure approx 9' x 20', center pavers will be concrete, brown 6"x6" and 6" x 9' pavers, surrounded by a border of 6' x 6' grey pavers. Installation of geotextile under stone base. Installation of walkway in front of house — 3 to 4 ft wide walk from front door to driveway, geotextile, stone base, and pavers. Installation of plastic edging to secure patio & walk in place. Application of polymeric sand in paver joints. Installation of 2-3 block steps (depending on finished grade) to the back door of each house. Each step will be approximately 6" high, 1' deep, and 3-3.5' wide. Start date at each site shall begin at client's discretion, as per needs of other construction tasks, beginning approximately late spring of 2013. Contractor promises availability and commits to this quote through the end of 2013. Deliverable Materials All materials will be ordered, and delivery arranged by contractor: stone base, sand, pavers, edging, polyme block steps. Contractor Responsibilities Contractor is responsible to complete each site within 3 weeks of start date — weather pe use sub -contracted employees. sand, Contractor may Statement of Work for Strickland Brothers Construction • Client Responsibilities Client will give Contractor at least 2 weeks' notice of start date. Client must pay cost of materials and 50% of labor cost within 2 weeks prior to start date. The remaining half of labor cost is due at time of completion of each site. Fee Schedule For each patio, steps & walk described above, cost will be $3842 for materials, and $2500 for labor. $5092 due within 2 weeks before start date of each site, with $1250 due upon completion of that site. Assumptions First project will begin in the Spring of 2013, and last site will begin by Fall of 2013. There will be a total of 8 hardscaping projects at 8 sites. Project Change Control Procedure The following process will be followed if a change to this SOW is required: If customer decides to change dimensions or design of projects on specific sites, a change order reflecting the difference in cost of materials and labor will be drawn up at that time. Such modifications must be agreed to in writing by both parties detailing the cost and specifications of such variations. Both parties must make a good faith attempt to agree on all necessary particulars. IN WITNESS WHEREOF, the parties hereto have caused this SOW to be effective as of the day, month and year first written above. Strickland Brothers Construction Jonathan M. Beck By: By: Name: Name: Title: Title: Statement of Work for Strickland Brothers Coautnction • 2 VERIFICATION The foregoing document is based upon information, which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. By: Date: June 19, 2014 ATHAN M. BECK JONATHAN M. BECK, IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 14-3292 MATTHEW STRICKLAND JEFFREY STRICKLAND AND STRICKLAND BROTHERS: CONSTRUCTION, LLC, Defendant CIVIL ACTIONLAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Matthew Strickland Jeffrey Strickland Strickland Brothers Construction, LLC 623 Creek Road Carlisle, PA 17013 Date: June 19, 2014 IRWIN & McKNIGHT, P.C. By: Marc s A. Mc fight, II Esquire 60 West Pomfre Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 JONATHAN M. BECK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. MATTHEW STRICKLAND, JEFFREY STRICKLAND AND STRICKLAND BROTHERS CONSTRUCTION, LLC., Defendant : NO. 14-3292 : CIVIL ACTION — LAW DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT __, r AND NOW comes Defendants, Jeffrey Strickland, Pro Se, Matthew Strickland, Pro Se and Strickland Brothers Construction, LLC, by and through their representative, Jeffrey Strickland, Managing Member of Strickland Brothers Construction, LLC, and object to Plaintiff's Complaint as follows: 1. The document attached as Exhibit "A" is not a written contract, but is a proposal for scope of work anticipated to be performed by Plaintiff and Defendant. 2. The only parties to the contract are Strickland Brothers Construction, LLC and Plaintiff. 3. Defendant, Matthew Strickland is not a party to the contract. 4. Defendant, Jeffrey Strickland is not a party to the contract. 5. The contract attached as Exhibit "A" has not been executed by any of the named parties and contains no specific date for completion. 6. Plaintiff makes no specific averments as to any actions taken by Defendant, Matthew Strickland or Defendant, Jeffrey Strickland which would in any way bind them or relate them to the contract between Plaintiff and Strickland Brothers Construction, LLC. 7. Plaintiff's Complaint is both factually and legally insufficient to support a claim against Defendant, Matthew Strickland and Defendant, Jeffrey Strickland. 8. The Pennsylvania Rules of Civil Procedure require that each separate cause of action against each Defendant and damages requested shall be stated in separate counts with separate demands for relief. Plaintiff has not met this requirement. 9. Based upon the foregoing, Plaintiff's Complaint fails to comply with the Civil Rules of Pleading. WHEREFORE, Defendants request: (A) Matthew Strickland be removed as a Defendant to the action. (B) Jeffrey Strickland be removed as a Defendant to the action. (C) Plaintiff's claim against Strickland Brothers Construction be dismissed as legally insufficient. Respectfully submitted, Jeffrey i` c and, Pro Se Matthew Strickl d, Pro Se Strickl . 4 r ',< ers Construction, LLC By: Jeffrey Strickland, Managing Member 690 Creek Road Carlisle, PA 17013 Pro Se CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been served upon the following, by depositing a copy of the same in the United States Mail, first-class, postage prepaid as follows: Marcus A. McKnight, III, Esq. Irwin & McKnight, P.C. 60 West Pomfret Street Carlisle, PA 17013 Respectfully submitted, Jeffiey Strickland 690 Creek Road Carlisle, PA 17013 Pro Se