The URL can be used to link to this page

Home My WebLink About87-0033IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLDER & RUSSELL Home Improvements, Plaintiff vs. JOSEPH SWEENEY t/d/b/a JOE'S GYM, Defendant NO. CIVIL 1987 CIVIL ACTION - LAW COMPLAINT GRIFFIE & TURO ATTORNEYS-AT-LAw 2'00 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 SUITE I0.~ 35...5 NORTH ;:'IST STREET CAMP HILL, PENNSYLVANIA I?OII HOLDER & RUSSELL Home Improvements, Plaintiff vs. JOSEPH SWEENEY t/d/b/a JOE'S GYM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 1987 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, by entering a written appearance personally or by attorney and filing in writing with the court your defense 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 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 ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator Cumberland County Courthouse Third Floor Carlisle, PA 17013 (717) 249-1133 or 697-0371 HOLDER & RUSSELL Home Improvements, Plaintiff vs. JOSEPH SWEENEY t/d/b/a JOE'S GYM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 1987 COMPLAINT AND NOW, comes Plaintiff Holder & Russell Home Improvements, by its attorney James K. Jones, Esquire of the Law Firm of Griffie, Turo, Blank & Grell, and brings this Complaint against Defendant Joseph Sweeney t/d/b/a Joe's Gym, a statement of which fo 11 ows: 1. Plaintiff Holder & Russell Home Improvements is a partnership between James Holder and Roger Russell, duly conducting business at the address of R.D. #2, Box 126A, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant Joseph Sweeney is an adult individual conducting business under the trade name of Joe's Gym, which business is conducted at 25 West High Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. On or about February 6, 1986, Plaintiff and Defendants entered into a written contract, a true and correct copy of which is attached as Exhibit "A" hereto and made a part hereof, whereby Plaintiff would make certain improvements to Defendant's place of business. 4. The total consideration for said material and labor was $11,165.53, with $9,000.00 previously remitted by Defendants, leaving a balance of $2,165.53 as of June 3, 1986. 5. Said balance was to be paid within thirty (30) days of completion, with interest on any remaining balance thereafter to be paid at 1 1/2% per month. 6. Defendants have failed to pay said balance of $2,165.53 despite repeated demands to do so. 7. Defendants have failed to pay interest to date of $259.85 despite repeated demand to do so. 8. All conditions precedent have been performed by Plaintiff. WHEREFORE, Plaintiffs demand judgment against Defendants in the amount of $2,425.38 plus interest in the amount of $32.48 as of February 3, 1987, and the third day of each month thereafter, along with all costs of this action. Respectfully submitted, GRIFFIE, TURO, BLANK & GRELL ~O~O°~North Hano~e'r Street Carlisle, PA 17013 (717) 243-5551 VERIFICATION I VERIFY that the statements set forth in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the Penalties of 18 Pa. Section 4904 relating to unsworn falsification to authorities. Date James Holder Date Roger Russell HOlder and Rus R.D. #2, Aox - se/./ Hc~e NeWVille, ~6sAvlva . ~' ~d3. 17241 fleg~s~erec~ Cer~ifiecj ~ InSurec~ and ot deINe~¥' '~. ~ $~o~ ~o ~1~o~, d~e a~d actd~ess 2- ~ ~estr%c~-ed str~ct ~-~ ~,e~ste~.ed 75~9 ~6 ~9 P 579 226 119 RECEIPT FOR CERTIFIED MAIL NO iNSURANCE COVERAGE PROVIDED NOT FOR iNTERNATIONAL MAIL (See Reverse) Justice ~ and No. 0.' 0., State ~nd ZiP Code · ~ ,,- 0.' Postage Certified Fee Speciat Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom and Date DeliVered ~howing to whom, ess of Delivery TOTAL Postage and Fees III P 579 22~ 120 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR iNTERNATIONAL MAIL (See Reverse) Sent to Holder and Russell Street and No. R.D. ~2. Box 12GA P.O., State and ZIP Code Newville, Pennsylvania 172Z 1 $ Postage X Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered X ~ Return rece pt showing to whom, ~ Date, and Address of Del very 5 TOTAL Postage and Fees $ L Postmark or Date HOLDER & RUSSELL HOME IMPROVEMENTS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW JOSEPH SWEENEY t/d/b/a : JOE'S GYM, ' : 33 CIVIL 1987 : Defendant : DEFENDANT,S PRELIMINARY OBJECTIONS TO PLAINTIFF,S COMPLAINT AND NOW, this day of/~L~, 1987, comes Joseph Sweeney, t/d/b/a Joe's Gym, defendant herein, to file these Preliminary Objections: I. MOTION TO STRIKE: Defendant files this Preliminary Objection in the nature of a Motion to Strike for lack of conformity to Pennsylvania Rule of Civil Procedure 1019 (h). Plaintiff,s action is based on a written contract as referenced in paragraphs three (3), five (5), and eight (8) of plaint~.ff,s complaint. This written contract is not attached to plaintiff,s complaint, in violation of Pennsyl- vania Rule of Civil Procedure 1019 (h). Plaintiff,s complaint, therefore, provides no basis for the claim alledged. WHEREFORE, defendant requests this Court to strike off plaintiff,s complaint for lack of conformity to Pennsylvania R~le of Civil Procedure 1019 (h). II. LACK OF CAPACITY TO SUE: Defendant files this preliminary objection based upon the fact that Plaintiff lacks the capacity to sue based upon Pennsylvania Rule of Civil Procedure 1017 (b) (5) and 54 Pa. C.S.A. Section 331. Defendant believes and therefore avers that Plaintiff has failed to register a fictitious name as required under 54 Pa. C.S.A. Section 303 (b). WHEREFORE, defendant requests this Court to dismiss Plaintiff,s complaint on the ground that plaintiff lacks legal capacity to main- tain this action. ~torney for De nt West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 I verify that the statements set forth in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section ~90~ relating to unsworn falsification to authorities. CERTIFICATE OF SERFICE I hereby certify that a copy of the foregoing Preliminary Objections was served this date by sending the same first class mail, postage prepaid, addressed as follows: James K. Jones, Esquire Griffie, Turo, Blank & Grell 200 North Hanover Street Carlisle, Pennsylvania 17013 Attorney for Plaintiff By: IRWIN, IRWIN & McKNIGHT Harold ~--Irwin[ III---~ 60 West Pomfret~ Carlisle, Pennsylvania 17013 (717) 249-2353 Dated: :OMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL ~ 4otice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice n the date and in the case mentioned below. ~ME ,~F APPELLANT JE OF JUDGMENT ~ J ~ ~E CAS~ OF (Plaintiff) ~r 9, 1986 I Hold~ & ~ssell H~ ~r~ts %IM NO TA 19~-405 LT ~9 ~O]~ This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. If No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Signature of Prothonotary or Deputy IMAG DIST NO. OR NAME OF D.J M~rl~ ~_ T,vnD$ /Defendan~ Joe Sweeney, t/a Joe ' s Gym appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE his section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. NOT USED, detach from copy of notice of appeal to be served upon appellee). ~AECIPE: To Prothonotary ~ :- Name (~f. ap.~p.~l!ee(s) , , appellee(s) to file a complgint in this appeal >mmon Pleas No. ) within twenty (20)days/l'fter~ce,of r~:~r suff,~ent dgment of non pros. Harold S. Irwin, III Signatu~ orh;s attorneyor agent ILE: To Hold .e~. & ~h.tssell Hc~e ~npro~eme~ts 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 ~ice of this rule upon you by personal service or by certified or registered mail. (2) (3) The date of service of this rule if service was by mail is the date of mailing. e: ,_-/'~_r~m~/ 7 , 19 87. : 312-80 If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. Signature of Prothonotary or~ COURT FILE .TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAii~4T (Th~s proof of service M!,IS ou~¥ o, C~nt~_rZand X January 87 x . Hold6/;, & Russell Hc~ae Improvements Januaz-y 87 x' .... ,, ~ ....... : .... · - - January 87 x ~v~O, CU~:~gER/AND CO~N ~Y COmmISSiON EXPIRES DEC. 15, ~e~ber, Pennsylvania Association of ~JotarJes COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT coMMoN,,,,,,,s No. 3 I '-' -~ NOTICE OF APPEAL Not!ce 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.ca~rnentioned below. ' ~ ~ DIST NO OR NAME OF D.J · Harold S._ This block will be signed ONLY when this notation is required under Pa. R.C.P.J.p. If appellant was CLAIMANT (see Pa. R.C.P.J.p. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a No. 1001(6) in action before District Justice, SUPERSEDEAS to the judgment for possession in this case. he MUST FILE A COMPLAINT within twenty (20) S,gnature of Prothonotary or Deputy days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE ':~'m~r"~"' ~ - (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.p. 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___~T~l,~l ,~?~ ~ ~1~__~ ~._.~,1.~1~~.,~,~ ' - ........ · rvame~f~l~s) --- -,,,appellee(s), to fil~,g4:gmpjO nt in this appeal (Common Pleas No. 3 "'~) ~A I/, / ~ .-.. ............... "~" ~'ct -) within twenty (20) days after service of rule or suffer entry of judgment,.of non pros. RULE: Harold S. Irwin, III Signature of appellant or his attorney or age. t To ~ld .~z~. & l:~il.~.~_l ] ~ T~~f~c~ appellee(s). Name of appellee(s) ~ , (1) You are notified t~at a rule is Hereby entered upon ~ou to file a complaint in this appeal within twenty (20) days after the date 0~ Service o~ this rule upon you by personal service or ~y certified or registered mail· (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YO~' : (3) The date of service of this rule if service was by mail is the date of mailin / Signature of Prothonotary or ~puty COURT ~'' ' PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN FIVE (5, DAYS AFTER filing the notice of ~ppeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF__~-'I nncl. AFFIDAVIT: i hereby !,wear or affirm thot I served c] copy nf the Notice of Ap.o,,~ ~' pb,,~, Nc~ .,mc.n thc: !-) .t~. * 5~.. tz. zJcsigr~otu~d there, receipt attached hereto, anion the appelJ~-~e. ~ and further that I ~,erved she Rule tO whom the Rule wa<_ addressed 07; mail, se-hder's receipt attached hereto.. SWORN(ADfIRMED) AND SUBSCRIBED BEFORE ME THIS~.J DAY OF ~~ ...... 19 8~ My commission expires o~(~m~r ~.19~ , ,,. ~e,r, bcr. Pe~ns~' ~ania Association of Notaries HOLDER & RUSSELL Home Improvements, Plaintiff vs. JOSEPH SWEENEY t/d/b/a JOE'S GYM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 33 CIVIL 1987 CIVIL ACTION - LAW AFFIDAVIT OF SERVICE I, James K. Jones, Esquire, do hereby certify that I served a certified copy of the Complaint in the above captioned matter upon Harold S. Irwin, III, Esquire, attorney for Defendant, Joseph Sweeney, t/d/b/a Joe's Gym, by handing a copy to him on January 28, 1987 pursuant to Pa.R.C.P.D.J. No. 1005C. I VERIFY that the statements set forth in the foregoing Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. GRIFFIE, TURO, BLANK & GRELL ;.-"2~0 North Hanover Street /...'Carlisle, PA 17013 '~/ (717) 243-5551 Attorneys for Plaintiff PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be type:vritten and submitted in duplicate} TO THE PROTHONOTARY/OF CUMBERLAND COUNTY' Please list the within matter for tim next: Pre-Trial Argument Court Argument Court C.~TION OFCASE {entirecaptionmustbestatedinfftlI) Holder S Russell Home Improvements, Joseph Sweeney, Joe's Gym, VS. (Plaintit't3 T/D/B/A (Defendant) No. 33 Civil State matter to be argued (i. e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections Identify counsel who will argue case: (a) tbr plaintiff: James K. Jones, (b) for defendant: Harold S. Irwin, 19 87 GRIFFIE, TURO & GRELL III, IRWIN, IRWIN & MCKNIGHT I will notify all parties, in writing within two days that this case has been listed for argument._ Dated: June 18, 1987