HomeMy WebLinkAbout02-1378COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Cou~ of Common Pleas an appeal from the judgment rendered by the
District Justice on the date and in the case mentioned below.
NAME OF APPELANT ~ MAG. DIST. NO. OR NAME OF D.J.
ZIP CODE
DATE OF JUDG~N~ I I IN ~E CASE OF~P~INTIFF)
C~IM NO. ~ ~ SIGN~E AP L~NT OR HIS A~ORNEY O G
This block Will be signed ONLY when this notation is required under PA. ~ / If appellant was ~laimant (see PA R.G.P.J.P.
R.C.P.J.P. No. 100BB. No. 1001(6)) in action betore district Justice, he
This notice of Appeal, when received by the District Justice, will operate as
A SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A GOMP~INT within twenty (20)
days alter tiling his NOTICE oI APPEAL.
S~nature ct Prothonotary or D~uty
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 , /)
Enter rule upon ~l/~r"l~Name ~of appellee(s) {~tld~,~ClijO__~ ~' ~,~__, a 'pp/(s/t o file a complaint in this appeal
(Common Pleas No.~)~--13'7,,~ (/')ID; L ) within twenty (20) days after service of rul4or suf/er el~l~[~;~g~
Signature of appellant or his attorney or agent
RULE: To '~t"' ,,~ C~>U~:::~ j J~J OI , appellee(s)
,,,ame o, a.pe,,ee(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 WILL BE ENTERED AGAINST YOU
UPON PRAECIPE.
(3)
Date: /'~..~ ~0
The date of service of this rule if service was by mail is the date of the mailing.
Signature of P~_t~onotary or Deputy,
White - Prothonotary Copy
Green - Court File Copy
Yellow - Appelant's Copy
Pink Appellee Copy
Gold D.J. Copy
Proth. - 76
PROOF OF, SERVICE OFNi~,TICE (~ APPEAL AN~-RULE TO,FJL;E~.~PLAIN'i~
(This proof of service MUSTBE FILED WIT~N TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
AFFIDAVIT: I hereby swear or affirm that served
.; ss
[] a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on
(date of service) .... year ~ , [] by personal sewice [] by (certified) (registered) mail, sender's
receipt attached hereto, and upon the appellee, (name ., on
, year ., [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto.
and further that I served the Rule to File a Complaint b. ccomp, a. ny. ing the above Notice of ,~l~peai~l~on th~ appellee(s) to
whom the Rule was addressed on~ !~_!~,t~'(' ~"~, ye~'r'~ ~ l' ~' r ~,~l'-'l'-
by persona ~ervic~ [] by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF , YEAR
., year
~gnature of off. iai before whom affidavit was made
Title of official
My commission expires on
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBE~
Mag. OisL NO.:
09-3-02
DJ Name: Hon.
HE~.EN B. SHULENBERGER
,~u,*.: P.O...-BOX 155
.*' '27 W. BIG SPRING AVENUE
NEWVInLE, PA
T.~o,: (717) 776-3187 17241
NICHO[~AS MALLIOS
755 CENTERVILLE RD
NEWVILLE, PA 17241
NOTICE OF JUDGMENT/TRANSCRiPT
CIVIL CASE
PLAINTIFF: NAME and AOORE$$
FDILLER ~ S LANDSCAPING
628 SAW MIT-TJ RD
MECHANICSBUt 3, PA 17055
L
VS.
DEFENDANT: NAME and A00RESS
~MALLIOS, NICHOLAS
755 CENTERVILLE RD
NEWVILLE, PA 17241
L
Docket No.: CV-0000002-02
Date Filed: 1/07/02
THIS IS TO NOTIFY YOU THAT:
Judgment:
[-~ Judgment was entered for: (Name)
~ Judgment was entered against: (Name) ~4a~'.~'.T~3e:
in the amount of $ 4: 1 R'7 _ ~;R on:
--]Defendants are jointly and severally liable.
-"]Damages will be assessed on:
r---~ This case dismissed without prejudice.
~ Amount of Judgment Subject to
Attachment/Act 5 of 1996 $.
r-'] Levy is stayed for days or ~ generally stayed.
~] Objection to levy has been filed and hearing will be held:
FOR P?.ATNTIFF
~TT.T.t~ s *q
(Date of Judgment)
(Date & Time)
Amount of Judgment $ 4,064.0.0
Judgment Costs $ 123.68
Interest on Judgment $ .
Attorney Fees $ .
Total
$ 41187.68
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total
ITime:
Place:
ANY PARTY HAS TH,E RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH,~'HE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
~ate /~--~- ,~.,. d '"'~' '
_ .,~.,~j__~..~,~,.~,~ z..,,..../ ' .,. Oi~t[it::t'3ustice
II certify that this is a true and correct copy of the record o! the proceedings cont~pnmg !he judgment.; ·
~ ;, ";~ District Justice,
Date
My commission expires first Monday of January, 2006 SEAL .
AOPC 315-99 ' '~ ....
~'-2-02
DATE OF HEARING - 2-26-2002
Diller's Landscaping vs. Nicholas Mallios
COUNTERCLAIM - Nicholas Mallios vs. Diller's Landscaping
1. Initially Diller was contracted to do landscaping work
around the Mallios' pool. After work began Mr. Mallios
was not satisfied with the ~roject and requested Mr. Diller
to cease working on the pro]ect i,~ediately.
2. One major issue in question was the "SAMPLE PATTERN" of
the E. P. Henry product. This court believes that the
sample was just that and not a permanent.placement. The
"SAMPLE PATTERN" was for the Mallios to see the color
design and effect of the tile (since not a permanent
placement the tile possibl~ was wavy and not slanted away
from the pool).
3. After Mr. Diller was released from the job a new land-
scaping contractor was hired. This court has determined
that Mr. Diller was not given the opportunity to complete
the job to Mr. Mallios specifications and is entitled to
$4,064.00 for man hours and stone purchased for the
project. The 1% finance charge was not printed'on the bill
and will not be taken into consideration, court costs of
$123.68 is added to the $4,064.00 or $4,187.68 for Diller's
Landscaping.
4. The counterclaim is dismissed.
Respectfully submitted,
District Justice
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBER~
Mag Dist NO.:
09-3-02
Sd Name: HO~
HELEN B. EIHTJ-LENBERGER
Ad~: P.O. BOX 155
27 W. BIG SPRIN~ A~'E~u~
NEWVI~.LE, PA 172~1
~1~o.~: (717 ) 776 - 3187
AMOUNT DATE PAID
FILING COSTS $ / /
SERVING COSTS $ / /
TOTAL $
CIVIL COMPLAINT
PLAINTIFF: NAME and ADDRESS
r-Wilbur Diller Jr. for
D~er's Landscaping
628 Saw Mill Road
/ Mechanicsburg, PA 17055-6049
VS.
DEFENDANT: NAME and ADDRESS
[- Nicholas M~ll~s
755 Centerv~]]e Road
Newville, PA 17241
4~02--
Docket No.: t~-'(;O ~'
Date F ed:
TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ 4,185.92 together with
costs upon the following claim (Civil fines must include citation of the statute or ordinance
violated):
On June 11, June 12, June 13, July 12, and July 13, 2001, D~]]er's Landscaping
employees and equiptment did perform landscaping related work at the Nicholas
M~]]{os residence, 755 Centervi]le Road, Newville, PA, located in Cumberland County.
As a reshlt of the work conducted on the M~ll~ne property, Mr. M~l]~ns incurred a bill
of $4,064. in labor, mater4a].~, and heavy e~iptment UtMl~ed on the site. Mr.
was sent a bill for said amount on August 21, 2001. Since that date of 08121101,
Mr. Mail,os has refused to pay said amount and therefore has additionally incurred a
1% per month finance charge amounting to $121.92. The current amount therefore due
to D~]]er's Landscaping and wilbur Diller Jr. is $4,185.92 plus the costs involved.
I, Wilbur D~ller Jr. X verity that the facts set forth in this complaint are true and
correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of
Section 4904 of the Crimes Code (18 PA. C.S. § 4904) related to unsworn falsificactLoD~to authorities.
(Signature of Plaintiff or ~th~rized Agent)
Plaintiff's
Attorney: S~_/f .~epresente~ '- Address:
Telephone:
IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE
TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO,
JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT.
If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend
to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before
the date set for the hearing. If you have a claim against the plaintiff which is not within district justice
jurisdiction, you may request information from this office as to the procedures you may follow. If you
are disabled and require assistance, please contact the Magisterial District office at the address
above.
AOPC 308A-98
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUI~EI~I.,~
Mag. Dist, No.:
09-3-02
DJ Name; Hon.
HELEN B. SHULENBERGEI~
Addre,s: P.O. BOX 155
27 W. BIG SPRING AVE~uI$
NEWVILr.E, PA
Telephone: (717) 776-3187 17241
HELEN B. SHULENBERGEK
P.O. BOX 155
27 W. BIG SPRING AVENUE
NEWVILLE, PA 17241
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
~ILLER'S LANDSCAPING
628 SAW MILL I{D
MECHANICSBURG, PA 17055
-
VS.
DEFENDANT; NAME a~ ADDRESS
FMALLIOS, NICHOLAS
755 CENTERVILLE RD
NEWVILLE, PA 17241
Doc~tNo.: CV-0000002-02
DateFiled: 1/07/02
THIS iS TO NOTIFY YOU THAT:
Judgment:
[] Judgment was entered for: (Name)
[] Judgment was entered against: (Name)
in the amount of $
FOi~ I~T.&TN'~I FF
i]TT.T.I~I~ i .q
MAT.T.TI~ _.
on: (Date of dudgment)
--I Defendahts are jointly and severally liable.
] Damages will be assessed on:
[~ This case dismissed without prejudice.
--]Amount of Judgment Subject to Attachment/Act 5 of 1996 $
[--1 Levy is stayed for days or ~ generally stayed.
(Date & Time)
Amount of Judgment $ 4,064.00
Judgment Costs $ 123.68
Interest on Judgment $ .00
Attorney Fees $ o 00
Total
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
$ 4,187.68
$.
Objection to levy has been filed and hearing will be held:
Date: Place:
Time:
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 THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
.'.':.
I certify that this is a true and correct copy of the record of the proceedings contai~fig,~h~.judgmbnt::/t,
Date *. - ', ;[ , D~tnct. Just~e ~
My commission expires first Monday of January, 2006 ,,,~ SEAL, , '~*, .,
AOPC 315-99 '~'" .... '
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: C~ERLAND
Mag. Dist NO:
09-3-02
DJ Name: Hon
HELEN B. SHULENBERGER
^dd~.ss~ P.O. BOX 155
27 W. BIG SPRING AVENUE
NEWVILLE, PA
Telephone~ (717) 776- 3187 17241
HELEN B. SHULENBERGER
P.O. BOX 155
27 W. BIG SPRING AVEI~u~
NEWVILLE, PA 17241
COMMON PLEAS NOTIFICATION
REQUEST FORM
PLAINTIFF: NAME and ADDRESS
CDILLER' S LANDSCAPING
628 SAW MILL RD
MECHANICSBURG, PA 17055
VS.
DEFENDANT: NAME and ADDRESS
rMALLIOS, NICHOLAS
755 CENTERVILLE RD
NEWVILLE, PA 17241
Docket No.: CV-0000002-02] ~
Date Filed: 1/07/02
D sposition Date: 2/28/02
Please be adviSed that an appeal has been filed in the above captioned case. Kindly use this form to indicate the
results in this case, and return to the issuing authority (listed above).
RESULT OF APPEAL Common Pleas Judge
CIVIL-LANDLORD/TENANT APPEAL
APPEAL STRICKEN - appeal has been disallowed.
APPEAL DISCONTINUED - appeal has been discontinued by appellant.
DISTRICT JUSTICE DECISION UPHELD - court has reached the same decision as the district justice judgment.
DISTRICT JUSTICE DECISION DISMISSED - court has reached a decision that does not concur with the district
justice decision.
WRIT OF CERTIORARI
WRIT STRICKEN - appeal has been disallowed.
WRIT DISCONTINUED - writ has been discontinued by appellant.
DISTRICT JUSTICE DECISION SET ASIDE - the case will be reheard due to irregularity, lack of jurisdiction, or
improper venue.
WRIT DISMISSED - district justice decision was not found to be flawed, lacking jurisdiction, or having improper
venue.
STATEMENT OF OBJECTION (Please give a general summary of the results)
OBJECTION DISCONTINUED - objection has been discontinued by the appellant.
OBJECTION DENIED - objection has been denied by the Court of Common Pleas.
OBJECTION UPHELD - appellant's objection has been upheld by the Court of Common Pleas.
AOPC 729B-98
FORM PRINTED: 3/21/02 8:43:31
CV-2-02
DATE OF HEARING - 2-26-2002
Diller's Landscaping vs. Nicholas Mallios
COUNTERCLAIM - Nicholas Mallios vs. Diller's Landscaping
1. Initially Diller was contracted to do landscaping work
around the Mallios' pool. After work began Mr. Mallios
was not satisfied with the project and requested Mr. Diller
to cease working on the project immediately.
2. One major issue in question was the ,'SAMPLE PATTERN" of
the E. P. Henry product. This court believes that the
sample was just that and not a permanent placement. The
,'SAMPLE PATTERN" was for the Mallios to see the color
design and effect of the t~le (since not a permanent
placement the tile possibly was wavy and not slanted away
from the pool).
3. After Mr. Diller was released from the job a new land-
scaping contractor was hired. This court has determined
that Mr. Diller was not given the opportunity to complete
the job to Mr. Mallios specifications and is entitled to
$4,064.00 for man hours and stone purchased for the
project. The 1% finance charge was not printed'on the bill
and will not be taken into consideration. Court costs of
$123.68 is added to the $4,064.00 or $4,187.68 for Diller's
Landscaping.
4. The counterclaim is dismissed.
Respectfully submitted,
District Justice
~ia
PROOF OFs'E O~F NO~li~ ~)F A ~ ' - ' * '
RvICE E PPEAL AND RULETO FILE COMPLAINT
· (This proo! of.~rvic.e. MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes)
COMMONWEALTH OF PENNSYLVANIA .
AFFIDAVIT: I hereby swear or affirm that t se~ed
W (date of se~ico) ~r~ ~ .y~r~, ~byper~n~se~i~ ~by(~ifie~){register~)mail, sen~i'
r~eipt aEach~ h~o a~ u~n the~pelt~ {name ~/ / ~ ~ ~¢~ ~ ~
~a/~ ~ ~ , year ~ ~ by personal se~ice~ by (ce~ified) (register~ mail, sen~r's r~eipt a~ach~ h~.
and fu~her that I sew~ the Rule to Fileg Complaipt accompanying ~e above Notice of Appeal u~n th~ appellee s to
whom the Rule was address~ on ~' ~, year ~' ~ ~y pe;s;na'' I ~i'~by (ce~ified~(register~
mail, sender's r~eipt attach~ hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS ~ DAYOF /~2/~,/'1 ,YEAR~L4~_,~.--.
olleY
:,iniq
btoi~
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the f~ont if space permits.
2. ~rticlo Number (Copy from service label)
~'s ~orm 3811, Juy 1999
[] Agent
[] Addressee
D. Isdelive~ fmmiteml? [] Yes
If YES, enter delivery address below: [] No
3. Service Tybe
_/~ertified Mail [] Express Mail
[] Registen~l .~[~Return Receipt for Merchandise
[] insured Mail [] C.O.D.
4. Restricted Delivery? (Extra Fee) [] Yes
Dernestic Return Receipt
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reveme
so that we can return the card to you.
· Attach this card to the back of the mailpieca,
or on the front if space permits.
1. Ntlcle Addressed to:
2. Nlicle Number (Copy from sen/ice label)
Xu / _ . -- []Addresses
D. is delive~y address diffemnt frorn item l? []Yes
If YES, enter delivery address below: [] No
3. Service Type
~i~ Certified Mail [] Express Mail
[] Regiete,zed ~}J~Return Receipt for Memhandlse
[] Insured Mail [] C.O.D.
4. Restricted Delivery? (Extra Fee) [] Yes
PS Forrn 3811, July 1999
Domestic Return Receipt
· Complete items 1,2, and 3. Also complete
item 4 If Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this ce~ to tha back of the mailpieca,
or on the front if space permits.
1. Ntlcle Addressed to:
I- O 5
ri Agent
[] Addressee
item 17 []yes
D. Is delivery [] No
tf YES, enter delivery address below:
[] Yes