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Home My WebLink About02-1296COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT 507 N. York Street Mech., PA 17055 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Commo~ Pleas an appeal from the judgment rendered by the District Justice on the clare and in the case mefltioned below. East Coast Contracting, 503 Bridge Street New Cumberland PA 17070 2/20/02 Allen W. Maciver cv, oooo zz-o I ( ~ ~ck wi~ ~ ~ ONLY ~n ~is ~m is required u~ ~ .C~J~. 1~8~ ..... ~ .... ~ ~f~ of A~I, ~ ~ ~ ~ Ds~ict Jus~ce, will ~ ~PER~DEAS ~ ~ j~ ~ ~s~ in this case FILE A C~PLAINT within ~ (20) da~ after filing His NOTI~ of A~AL. (Commo~PleasNc~ ~tA. I~qG ~ RULE: To 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.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 Allen W. Maciver Enter rule upon , appellee(s), to file a complaint in this appeal N~rne ~ ~ae#ee(s) ~'/"X'c'~-) within twenty (20)days ~f;~ s~/irule~ suffer/~~of non pros. (1) You are notified that a rule is hereby entered upon you to file a compk3int in this appeal within twenty (20) days after the date of service of this role upon you by personal service or by certified or registered mcx'L (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the dote of mailing. , COURT FILE TO BE FILED WITH PROTHONOTARY 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 the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that t served [] a copy of the Notice of Appeal, Common Pleas No. (date o! service) receipt attached hereto, and upon the appellee, (name) , upon the District Justice designated therein on [] by personal service [] by (certified) (registered) mail, sender's ,19__ [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , 19_.___~ [] by personal service [] by' (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 19__ Signature of affiant Signature of official before whom affidavit was mede Title of official My commission expires on mlT~ ~ COMMONWEALTH OF PENNSYLVANtA COUN~ OF: ~~ 09 -3-05 ~: 507 ~. Y~ ~, 17055 507 N, YO]~ S~. G ELDER ~ UUl NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: .)WE ~ ADO~E~I 51 W.~IMg-~QN ST. M]ICEANIC~BOK~, PA 17055 VS. 5O3 ~GE ~m~ ~;~~, PA 17070 Oo~t NO.: -oooo311-oli D~e Fi ~: 10/29/01 THIS IS TO NOTIFY YOU THAT: Judgment: Judgment 'was entered for: (Name) M'~Ttrt, e: Sr.T.~ w_ Judgment w~ entered ~ainst (Name) inthe amount of $ ~ :e~l nn on: D~enda~ are jOi~ly and severely li~le. Damsges will be assessed o~: This case dismissed without pmjudi~. ~nt M Ju~me~ Subje~ to AEaohme~A~5 of 1996 $ LaW is s~yed ~r da~ or ~ geneml~ ~ayed. Oberon to law has been flleO and heafl~ will ~ ~ld: (Date of Judgment) (Date & Time) ss.sol .00 Amount of Judgment Judgment Costs Interest on dudgmenf Attorney Fees Total Post Judgment Credits $_ Post Judgment Costs $ Certified Judgment Total $ : Date: Place: Time; ANY PARTY FlAB THE RIQHT TO APPEAL WITHIN ~0 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL wrrH THE PROTHONOTARY/CLERK OF THE COUI:IT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. Date , District Justice I certify that this is a true and correct copy of t~e record of the proceedings contsining +.he judgment. Date , Districl Justicel My commission expires first Monday of Janua;y, AOPO 31 S-el) 2006 SEAL PROOF' OF ,gERI/ICE-OF NOTICE OF 'APPEAL AND RULE ~TO FILE COMPLAINT (This t~oof of ee~i~e MUST.BE Ftt;ED WI THIN TEN (lO}DAYS AFTER*filing~ the notice of appeal Check applicable boxes) COMMONWEALTH OF I~NNSYI. VANIA AFFIDAVIT: I hereby swear or affirm that I served F-~ a copy of the NOIf¢~..~._~ Common PWa~ No. 02-1296 Civil Te=nt . · upon the D strict Justice designated therein on T, cl~te o)':s~.~..ei. ~ . ' ,, ".: , , -~.;.*-,~.,, ~ l~y~,.~n~.~!~+.:~ bY (certifl~J) ~ mail. sender's : :~.~-~19~,O2 ' ~ -' 1¢~ [] by perso~abm~] by (o~llfled}~ ~ mail~.~mldees' renaWl~,attached hereto. . {~:ancUtldfaer.that. i self'veal ~ R~le to File a Complaint accompanying th$'~ N°flce~of Al:~°~al upOnthe appellee(el t0 wh°m the Rule~was,~ ~111~ ~, ~? mail. sender's receipt attached hereto. SWORN (AFF_IRMED) AND'S[~.B~CRIBED BE~OREME THIS c~ I ~ D/~~~ !'* TftWOf o hem 4 if ~ DMIvely Is de,heal. · pflnt your name and addres~ on the mveme · Attach thl. c~ to the back of the mallplece, or on the front if space permits. ' Pr/r~d Name) Date of Delk~y o! affiant · Attach this card to the bacl( of file maltplece, ~egtstemd ~Retum Receipt for Memhend~se ~ .~,~,_ ,,,d ~ ~ C.O.D. . ·Compiete Items 1, 2, and 3. N~o ~omplete · Pflnt your name and ~ on the reveme ~o th~ We can return the card to you. · Attach thl~ cen:l to the back of the mallplece, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ALLEN W. MacIVER Plaintiff VS. EAST COAST CONTRACTING Defendant No. 02-1296 PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter a &fault judgment in favor of Plaintiff and against Defendant for money damages in the amount of $1,857.50, as pled in Plaintiff's Complaint, attached as Exhibit "A". Respectfully submitted, NIKOLAUS & HOHENADEL, LLP Ant~'-ony Marc Hop~s, Esquire Attorney I.D. #47394 Attorney for Plaintiff 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing Praecipe to Enter Judgment by Default upon the following person(s) and in the following manner, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail East Coast Contracting Joseph L. Hitchings, Esquire Saidis, Shuff, Flower, Lindsay 26 West High Street Carlisle, PA 17013 Date: By: NIKOLAUS & HOHENADEL, LLP Antho~ ~(~pkin~, ~Esqu~re Attorney I.D. #47394 Attorney for Plaintiff 212 North Queen Street Lancaster, PA 17603 (717)299-3726 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ALLEN W. MaclVER Plaintiff VS. EAST COAST CONTRACTING Defendant No. 02-1296 NOTICE TO DEFEND against you in the following pages, you must take action within (20) davs after this C YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claJ~;-§et ~c~th are seined by enterine a writte ............... ' omplain~ Not~Ce . ~ n a~ ..... ~ personally or by attorney and illin in writi .- your defense or objections to the claims set forth aeainst va. v ..... ~ -- ,--. svu are wamea that ir you fad to d~o, t~ case may proceed without you and a judgment may be entered against you by the Cou~ without further notice for any money claimed in the Complaint or for any other claims or relief requested by the Plaintiff. You may lose money or pro~rty or other rights important to you. YOU SHOULD T~ ~IS P~ER TO YOUR ~WYER AT ONCE. IF YOU DO NOT HAVE A ~WYER OR C~NOT ~FO~ ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHE~ YOU C~ GET LEG~ HELP. Cumberland County Bar ~sociation 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 (800) 9~-9108 Date: By: Respectfully submitted, NIKOLAUS & HOHENADEL, LLP Anthon~ Marc Hopkin~l~squire - Attorney I.D. #47394 Attorney for Plaintiff 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 ~O~C~ USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe romar accion dentro de los pr6ximos veinte (20) dias despu6s de la notificacion de esta Demanda y Aviso radicando personalmente o pot medio de un abogado una comparecencia escrita y radicando en la Corte pot escrito sus defensas de, y objeciones a, las demandas presentadas aqui en contra suya. Se ]e advierte de que si usted falla de tomar accion cmo se describe anteriormente, el caso puede proceder sin usted y un fallo pot cualquier suma de dinero rec!_amada en la demanda o cualquier otra reclamaci6n or remedio solicitado pot el derl'landante puede set dictado en contra suya pot la Corte sin mas aviso adicional. Usted puede perrier dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A PUEDE ENCONTRAR ASISTENC/A LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 (800) 990-9108 Date: By: Respectfully submitted, NIKOLAUS & HOHENADEL, LL¢ Anthony Marc Hopk/h~, Esq~iie Attorney I.D. #47394 Attorney for Plaintiff 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ALLEN W. MaclVER Plaintiff VS. EAST COAST CONTRACTING Defendant No. 02-1296 COMPLAINT 1. The Plaintiff is Allen W. Maclver, 51 West Simpson Street, Mechanicsburg, Pennsylvania 17055. 2. The Defendant is East Coast Contracting, 503 Bridge Street, New Cumberland, Pennsylvania 17070. 3. The Plaintiff is a tenant in Brethren House Apartments, 114 North Hanover Street, Suite 104, Carlisle? Pennsylvania 17013. 4. The Defendant was the general contractor for the construction of Brethren House Apartments. 5. On or about November 8, 1999, an overhead pipe burst in the ceiling above the Plaintiff's storage unit. 6. The Plaintiff suffered damages in the amount of $1,857.50. .COUNT I .BREACH OF CONTRACT 7. The averments of paragraphs 1 through 6 are incorporated by reference as though set forth at length herein. 8. As the general contractor, the Defendant had an obligation to construct the Brethren House Apartments in a good and workmanlike manner and broached the contract by failing to insiruct, or cause the proper construction of the plumbing work. 9. The Plaintiff, as a tenant, is a third-party beneficiary of the contract between the Defendant and Brethren House Limited Partnership, the owner of Brethren House Apartments. 10. The Defendant breached the contract by failing to do or have the plumbing work done properly. The failure of the Defendant to do or have the plumbing work d~ne in a good and workmanlike manner was a breach of the Defendant's contract. 11. As a consequence of his position as third-party beneficiary, the Plaintiff was damage by the breach of the Defendant in the amount of $1,857.50. WHEREFORE, Plaintiff demands judgment in his favor and against Defendant in the amount of $1,857.$0, plus costs of suit and other costs allowed by law. _COUNT II BREACH OF WARRANTIES 12. The averments of para~aphs 1 through 11 are incorporated by reference as though set forth at length herein. 13. The Defendant gave Brethren House Limited Partnership express and implied warranties regarding its work, including Warranty of Fitness for a particular purpose. 14. The breach of contract related to the improperly done plumbing work occurred during the warranty period. 15. The Defendant repaired, or caused to be repaired the defective plumbing. 16. The Plaintiff was damaged by the Defendant's Breach of Warranty. 17. The warranties as to Plaintiff's unit ran to Plaintiff 18. As a consequence of the Breach of Warranty, the Plaintiff was damaged in the amount of $1,857.50 for which Judgment is sought. WHEREFORE, Plaintiff demands Judgment in the amount of $1,857.50, plus costs of suit and other costs allowed by law. COUNT III NEGLIGENCE 19. The averments of paragraphs 1 through 18 are incorporated by reference as though set forth at length herein. 20. The Defendant owed a duty to construct the Brethren House Apartments in a good and workmanlike manner. 21. The duty ran not only to the owner, but also to tenants. - 22. The Defendant breached its duty by failing to perform, or by failing to perform the plumbing work properly or by failing to see that the plumbing was properly done. 23. The Defendant's breach was the proximate cause of the Plaintiff's damages in the amount of $1,857.50 in that the broken pipe leaked into the Plaintiff's storage unit. WHEREFORE, Plaintiff demands judgment in the amount of $1,857.50, plus costs of suit and other costs allowed by law. Date:_ By: Respectfully submitted, NIKOLAUS & HOHENADEL, LLP Anthony Marc Hopkins, ~'~4uire Attorney I.D. #47394 Attorney for Plaintiff 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 VERIFICATION I, Anthony M. Hopkins, Esquire, verify that I am the Attorney for Donegal Mutual Insurance Company, the real party in interest as subrogated carrier of Allen W. MacIver, and as such, I am authorized to give the verification on their behalf, and further verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I acknowledge that, had I knowingly made false statements in this Complaint. I would be subject to the penalties of a misdemeanor of the third class pursuant to 18 Pa. C.S.A. §4904 regarding unsworn falsification to authorities. Date: thony M. Hopkins, Egquire on behalf of Plaintiff CERTIFICATE OF SERVICE, I hereby certify that I have served a tree and correct copy of the foregoing Compliant upon the following person(s) and in the following manner, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Date: Service by First Class Mail Joseph L. Hitchings, Esquire Saidis, Shuff, Flower Lindsay 26 West High Street Carlisle, PA 17013 NIKOLAUS & HOHENADEL, LLP By: AntOny Marc Hb~t[ins, Esquire Attorney I.D. #47394 Attorney for Plaintiff 212 North Queen Street Lancaster, PA 17603 (717)299-3726 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ALLEN W. MacIVER Plaintiff VS. EAST COAST CONTRACTING Defendant No. 02-1296 AFFIDAVIT ANTHONY MARC HOPKINS, Esquire being duly sworn according to law deposes and says that he is the attorney for Nikolaus & Hohenadel, LLP, Plaintiffs in the above-captioned matter, that he has the authority to make this Affidavit and that he did pursuant to Pennsylvania Rule of Civil Procedure 237.1 cause to be sent to Defendant, East Coast Contracting, a notice of his intention to take default judgment in the above-captioned matter. Copies of the Notice which was sent to the Defendant and the transmittal letter by which such Notice was sent are attached to this Affidavit. Date: By: NIKOLAUS & HOHENADEL Anthony Marc Hopkins, Esquire I.D.# 47394 Attorney for Plaintiff 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 OONALO H. NIKOLAUB JOHN P. HOHENAOEL MICHAEL J. HOHENAOEL MATFHEW J. CFlEME. JR. JOHN F. MAFIKEL PAULA 0. MUNBON RICHAR0 G. GREINER JEFFREY' A. MILLS MICHAEL S. GFlAB MICHAEL A. VANABE;E JOSEPH G. MUZlC BERNADETTE M. HOHENAOEL ANTHONY MARC HOPKINS JOHN C. HOHENAOEL LISA J. McCOY CONNIE J. B3~CVENB WANOA S. WHAFIE NIKOLAUS ~. HOHENADEL, ATTORNEYS AT LAW 212 NORTH QUEEN STREET LANCASTER. PA. 17603 717/29g-3728 FAX 717/2~g-1B11 November 13, 2002 LLP 109 SOUTH MARKETST~EET East Coast Contracting 503 Bridge Street New Cumberland, PA 17070 Re: Allen W. Maclver v. East Coast Contracting Cumberland County CCP No. 0Z-lZ96 Dear Sir/Madam: I enclose an important notice which the Rules of Civil Procedure require me to serve upon you as well as upon your attorney. Very truly yours, BY: NIKOLAUS & HOHENADEL, LLP Anthony Marc Hopkins, Esquire AMH:baf Enclosure bcc: : Ms. Christine E. Myers Your File No. : G 109 63 54 (62) Your Insured : Allen W. MacIver Date of Loss : 11/8/99 N&H Charge : DMIC: MacIver v. East Coast Contracting TO YOU ARE HE ,P-ESY NOTI'FIED TO PLEAD TO THE ENCLOSED WITHIN NIKOLAUS & HOHENADEL, , ~,TTO~NEYS AT LAW 212 NORTH QUEEN STREET LANCASTER, PA. 17603 I H~'REBY CERTIFY THAT THE IS A TRUE AND CORRECT COPY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ALLEN W. MacIVER Plaintiff VS. EAST COAST CONTRACTING Defendant No. 02-1296 TO: East Coast Contracting Joseph L. Hitchings, Esquire Saidis, Shuff, Flower, Lindsay 26 West High Street Carlisle, PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITI?EN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THkS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Court Administrator's Office Lancaster County Courthouse 50 North Duke Street Lancaster, Pennsylvania 17602 Telephone Number: (717) 299-8041 Date: By: NIKOLAUS & HOHENADEL, LLP I.D.# 47394 Attorney for Plaintiffs 212 North Queen Street Lancaster, PA 17603 (717) 299-3726 CERT~F~CA~rE OF SERVIC~ I hereby certify that I have served a tree and correct copy of the foregoing 10-Day Notice upon the following person(s) and in the following manner, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail East Coast Contracting Joseph L. Hitchings, Esquire Saidis, Shuff, Flower Lindsay 26 West High Street Carlisle, PA 17013 Date: NIKOLAUS & HOHENADEL, LLP By: Anthony Marc ~pl~s, Esquire Attorney I.D. #47394 Attorney for Plaintiff 212 North Queen Street Lancaster, PA 17603 (717)299-3726 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN IA CIVIL ACTION - LAW ALLEN W. MaclVER Plaintiff VS. EAST COAST CONTRACTING Defendant No. 02-1296 PRAECIPE TO MARK JUDGMENT SATISFIED Please mark the Judgment ended with prejudice. at the above term and number satisfied, discontinued and Respectfully submitted, Date: NIKOLAUS & HOHENADEL, LLP 44n , Attorney I.D. #47394 Attorney for Plaintiff Date: BY: Robert C. Saidis, Esquirg.~ Attorney I.D. # ~lq, S Attorney l-or Defendant