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HomeMy WebLinkAbout02-3386COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Cumberland County JUDICIAL DISTRICT 09-3-03 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. O~7.- .~ ~ 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 mentioned below. NAME OF APPELLANT Stephen Darhower ADDRESS OF APPELLANT 4201 South Route 34 DATE OF JUOGMENT iN THE CASE OF (PLAINTIFF) MAG, DIST, NO. OR NAME OF D.J. D.J. Susan K. Day CITY STATE ZIP CODE Gardners PA 17324 (DEFENDAN~ 06/20/02 CLAIM NO, CV YEAR J Mariann L. Rupp vs Stephen Darhower LT YEAR This block will be signed ONLY when this notation is required under PA. v R.C.P.J.P. 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 If 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 (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 (~opy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon _ Mariann L. Rupp Name of appellee(s) (Common Pleas No. O~- ..~ _5 ~, ) within twenty (20) days after service RULE: To Mar/ann L. Rupp , appellee(s) Name of appellee(s) )ell~ file a core.is appeal (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. Date: (3) The date of service of this rule if service was by mail is the date of the mailing. Signature of Prothonotary or ~eput~ White - Prothonotary Copy Green - Court File Copy Ye,ow - Appelant's Copy Pink - Appellee Copy Gold - D. J; Copy Proth.- 76 PROOF OFSERVICE 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 I served '-ia copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) , year ___ , [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name _ , o~ , year_ , [] by personal se~/ice [] 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 __, year [] by personal service [] by (certified) (registered) mail, s~nder's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR My commission expires on __ year Ced Restrmted Oelh (Endorsement R 2.10 LEO PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO F!LE CC)M,PLAiNT · '¢ ' '~'" F! W !P,!N TEN (10) DAYS AFTER filingthe notic~ ot ~;)p~ ~ - receil:,t atrachen ~erdo. an,: upeu !he appellee. (na~e_ r¥'~l'-ic~t.~ ~ ~.~., . ........ 7 , on v~,ar .:i( (~.~ [] ~ personal service [~b~reg,sterod),n~, s(nr,i, ~ re, do, attached hereto. and furdmr thai I .'~erved th !h~h ~o Fl!(! a Complaint accompanying the above Notice of Appeal u[:on lie au;)eliee, s) '(>~ 'Nh3m the Rule *.'as ,dcr,,s e.! or '~ LL~ ¢ ~ ., year ~ , ~ by personal ~,* ,Ce ~%~-:,y ((;;nihed~(registered S gnature of Affiant selJStON lo UO!l~!Oo~,V mU~^l~~ """ ;' Hea~er L. Smi~, No~ Public Carlisle Bom, Cum~d Coun~ / My Commission ~s ~r. 7, 2003 Member, Pen~y~anla ~on ot Notaries (~OMPLAINT MARIAN L. RUPP PLAINTIFF VS. STEPHEN DARHOWER DEFENDANT ,NOTICE TO DEFEND IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. NO. 3386 CIVIL TERM CIVIL ACTION - LAW YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FOURTH IN THE FOLLING PAGES,YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE 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 JUDEGME~~r MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FUTHER NOTICE FOR ANY MONEY CLAIMED IN THE 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 TAKE HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA. 17013 717-249-3166 OR 1-800-990-9108 COMPLAINT MARIAN L. RUPP PLAINTIFF VS. STEPHEN DARHOWER DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. NO. 3386 CIVIL TERM CIVIL ACTION - LAW COMPLAINT 1. MARIAN L. RUPP--PLAINTIFF--CO OWNER OF RUPPS PAINTING 321 WEST PENN ST. CARLISLE PA. 17013 2. STEPHEN DARHOWER--- DEFENDANT 4201 SOUTH ROUTE 34 GARNDERS PA. 17324 3. RUPPS PAINTING WAS SUB CONTRACTED TO DO WORK FOR STEPHEN DARHOWER ON THESE DATES. 1/3, 1/4, 1/7, 1/8, 1/9, 1/10, 1/14, 1/15 1/16, 1/17, 1/18, 1/21, 1/22 OF JAN. 2002. 4. THE HOURLY RATE CONTRACTED FOR THIS JOB IN GETTYSBURG WAS $18.00 AN HOUR. FOR A TOTAL OF $1440.00. 5. MANY ATTEMPTS (6) WHERE MADE TO COLLECT PAYMENT, BY PHONE AND, MR. RUPP WENT TO MR. DARHOWERS HOME AND WAS TOLD THAT THE COMPANY WHERE THE WORK WAS DONE AT, HAD NOT PAYED H/M YET. 6. I CALLED THE SCHINDLER ELEVATOR COMPANY ON MARCH 15th,2002 AND THEY SAID THAT HE HAD BEEN PAYED, 1N FEB 2002. 7. STEPHEN DARHOWER CALLED ON MARCH 29th AND SAID HE WAS SENDING US A CHECK. 8. TO DATE 8-6-02 WE HAVE NOT RECIEVED PAYMENT. 9. THE AMOUNT OWED IS $1440.00 PLUS COSTS AND INTEREST TO RUPPS PAINTING.. MARIAN L. RUPP CO-- OWNER-- RUPPS PAINTING. 321 WEST PENN ST. CARLISLE PA. 17013 (717) 2434272 MARIAN L. RUPP PLAINTIFF VS. STEPHEN DARHOWER DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. NO. 3386 CIVIL TERM CIVIL ACTION - LAW .VERIFICATION THIS VERIFICATION IS MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. SECTION 4904. RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES WHICH PROVIDES THAT, IF I KNOWINGLY MADE FALSE AVERMENTS, I MAY BE SUBJECT TO CRIMINAL PENALTIES .... MARIAN L. RUPP MARIAN L. RUPP PLAINTIFF VS. STEPHEN DARI--IOWER DEFENDANT 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. NO. 3386 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, THIS 6th DAY OF AUGUST 2002, I MAR/AN L. RUPP, HEREBY CERTIFY THAT I HAVE SERVED A COPY OF MY COMPLAINT ON TI-IlS DATE, BY DEPOSITING A COPY OF THE SAME IN THE UNITED STATES MAIL, POSTAGE PREPAID, IN CARLISLE, PA. ADDERESSED AS FOLLOWS: STEPHEN DARHOWER 4201 SOUTH ROUTE 34 GARNDERS PA. 17324 AND I PERSONALLY SERVED ATI?ORNEY PAUL B. ORR ON ESQ.. ON THE 6th DAY OF AUGUST 2002... MARIAN L. RUPP CO--OWNER OF RUPPS PAINTING 321 WEST PENN ST. CARLISLE PA. 17013 (717) 243-4272 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Oi$I. NO: 09-3-03 OJ Name: Hon SOS~N K. DAY A~ess~ 229 MILL STREET, BOX 167 MT. HOLLY SPRINGS, PA (717) 486-7672 17065 STEPHEN DAEHOWER 4201 S. RT 34 GAEDNERS, PA 17324 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS F-RUPP, NAEIAN L ~ 321 W. PENN STREET CAP'ISLE, PA 17013 VS. DEFENDANT: NAME and ADDRESS ~ARHOWE~, STEPHEN -~ 4201 S. RT 34 GA~DNERS, PA 17324 Docket No.: CV- 0000122 - 02 Date Filed: 5/01/02 THIS IS TO NOTIFY YOU THAT: Judgment: [] Judgment was entered for: (Name) ]Judgment was entered against: (Name) in the amount of $ I: =;1 ~; _ RI1 on: Defendants 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 $_ r-~ Levy is stayed for days or [] generally stayed. Objection to levy has been filed and hearing will be held: . (Date of Judgment) (Date & Time) Amount of Judgment $ 1.440.0 (] Judgment Costs $ 76.8(] Interest on Judgment Attorney Fees $ . Total $ 1,516.8(~ Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total 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/N.~rr~E OF JUDGMENT~ANSC~:~T FORM WITH YOUR NOTICE OF APPEAL. -,, ~ ' v?-.~) ~0 ~-, Date /....~~ / "'"'~ , District Justice I certify that this is a true ~/nd correct copy of the reco~ of th[proceedings containing the judgment. Date , District Justice My commission expires first Monday of January, AOPC 315-99 2004 SEAL MARIAN L. RUPP, Plaintiff VS. STEPHEN DARHOWER, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : Civil Action - Law : : No. 02-3386 NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, 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 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 ~AWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 MARIAN L. RUPP, Plaintiff VS. STEPHEN DARHOWER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : Civil Action - Law : : No. 02-3386 .. _. DEFENDANT'S ANSWER AND NEW MATTER 1. Admitted. Admitted in part, denied in part. It is specifically admitted that Stephen Darhower is the Defendant. However, Defendant denies that 4201 South Route 34 is his address. To the contrary, 4201 Carlisle Road is Defendant's address. 3. Admitted. Denied. It is specifically denied that any hourly rate of $18.00 per hour was agreed upon between the parties. To the contrary, the standard hourly rate would have been $10.00 per hour; totaling approximately $800.00. Therefore, strict proof shall be required at trial in reference to the "$18.00 an hour rate". Denied. It is specifically denied that six attempts were made by Plaintiff to collect this debt. To the contrary, Defendant asserts that no more than three attempts to collect were ever made by Plaintiff. Admitted. By way of further answer, payment was not made by Company to Defendant until after Defendant returned to job site and worked an additional 40 hours on the job. That was due to the Schindler Elevator Company not being satisfied with Plaintiff's work. Denied. It is specifically denied that Defendant ever called Plaintiff and "said he was sending a check". To the contrary, Defendant asserts that he called and informed Plaintiff's answering machine that no payment would be forthcoming due to PlaintiW s poor, unacceptable "work product". Admitted. By way of further answer, no payment is forthcoming due to the failure of Plaintiff's to complete the subcontracted work in a satisfactory workmanlike manner. Denied. It is specifically denied that Defendant owes Plaintiff $1,400.00, plus costs and interest. Strict proof shall be demanded at trial as to whether any damages are owed Plaintiff. DEFENDANT'S NEW MATTER 10. Defendant incorporates herein by reference paragraphs one through 9 of this Answer as if set forth at length. 11. Defendant asserts that due to Plaintiff's unworkmanlike product, Schindler Elevator Company infom-~ed him that no additional work would be forthcoming. 12. Defendant has been previously told by Schindler Elevator Company that "if this job was completed promptly", additional contracting work would be forthcoming on a regular basis. 13. Defendant asserts that he has suffered a potential loss in excess of $3,000.00 due to Plaintiff's breach of their subcontract in regards to the Schindler's Elevator job. WHEREFORE, Defendant respectfully requests this Honorable Court to award him damages, to be determined, plus reasonable attorney fees and Court costs and dismiss the original Complaint filed by Plaintiff. Respectfully submitted, Paul Bradford Orr, ~squire Attorney for Defendant 50 East High Street Carlisle, PA 17013 Telephone (717) 258-8558 Supreme Court I.D. No. 71786 VERIFICATION I, STEPHEN DARHOWER, verify that the statements made in the foregoing Answer to Complaint are true and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S. §4904, relating to unswom falsification to authorities. Steph~n Darhower MARIAN L. RUPP, Plaintiff ~ VS. STEPHEN DARHOWER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : Civil Action - Law : : No. 02-3386 _. CERTIFICATE OF SERVICE I, PAUL BRADFORD ORR, ESQUIRE, hereby certify that a copy of the attached hereby certify that a copy of the attached Answer to Complaim was served upon the following by depositing a true and correct copy of same in the United States mail, first class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Dated: Marian L. Rupp 321 West Penn Stree~ Carlisle, P ~ii.l ~ _ BY:Paul Brg'~ dfo~~ MARIAN L. RUPP · PLAINF1TT STEPHEN DARHOWER DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYVANIA CIVIL ACTION -LAW NO. 02-3386 REPLY TO NEW MATTER AND NOW, COMES PLAINTIFF, MARIAN L. RUPP, AND REPLIES TO THE DEFENDENTS. NEW MATTER AS FOLLOWS: NEW MATTER 11. AS TO MY UNDERSTANDING THERE ARE NO FUTHER CONTRACTS PENDING.AT SCHINDLERS ELEVATOR. 12. THIS WAS A ONE TIME ( lOB ) CONTRACT. 13. THIS IS NOT TRUE. THE DEFENDENT, RECIEVED A CHECK FOR A TOTAL OF $ 4500.00 AND ANOTHER CHECK OF $ 500.00 WHEN THE JOB WAS FINISHED. WHEREFORE, PLAINFITT MARIAN L. RUPP, RESPECTFULLY DEMANDS JUDGEMENT, IN HER FAVOR AS SET FORTH IN HER COMPLAINT: IN THE AMOUNT OF $1516.80 PLUS INTEREST & COURT COSTS. RESPECTFULLY SUBMITTED, MARiANL. RUPP-~'~ -r ,, PLAINTIFF 321 WEST PENN ST. CARLISLE PA. 17013 ( 717 ) 243-4272 10-06-02 CERTIFICATE OF SERVICE CERTIFY THAT I SERVED A TRUE AND CORRECT COPY OF THE FOREGOING REPLY TO NEW MATTER UPON THE FOLLING VIA UNITED STATES MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: PAUL BRADFORD ORR 50 EAST HIGH ST. CARLISLE, PA. 17013 BY MARIAN L. RUPP 321 WEST PENN ST. CARLISLE PA. 17013 ( 717)-243-4272 CERTIFICATE OF SERVICE oN ~ns ~ ~AY Oct, l~r. 2002 ~ ~,~ L. RUPP CERTIFY THAT I SERVED A TRUE AND CORRECT COPY OF THE FOREGOING REPLY TO NEW MATTER UPON THE FOLLING VIA UNITED STATES MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: PAUL BRADFORD ORR 50 EAST HIGH ST. CARLISLE, PA. 17013 MARIAN L. RUPP 321 WEST PENN ST. CARLISLE PA. 17013 ( 717)-243-4272 MARIAN L. RUPP PLAI VS STEPHEN DARHOWER DEFENDANT THE COL[fiT OF COMMON PL,~AS OF CUMBERLanD C.O~ N~,. P~NSYLV~A NO. 02~386 CIVIL ~02 ACTION-~W 1312,-1. lt~ Petlti<m for AppoinIment of Arbiltatom shall be substantially in the fbllowing form: PETITtON 7FOR At'POINTM{ENT t'.)F ARBI;'I'RATOR,%.' TO Tile HONORABI2E, T. HE .IU~.~GF~ OF SAID COURT: MARIAN L. RUPP ......... c~nsei :ibr the p[~afiff/~fend~m[ i)~ the ~b~v= ~e c~o~r(:}Mm t>{~ [~e ¢~fe~({;{nl ~B 1~ ~ctk~ll is .................................................. ORDER OF COURT ,AND NO , ----- - 0 c~ VlNV^]AgNN:J~ HARIJAi¢ L. RUPP STEPU~N DARHOI~R The Court o~ Co~ou Pl~s o_~ ~o.~., 02-3386 ]~ 200_._._2 Va do solely sv~r (or 14~t1~) r~lac ye ~tlZ suppocc, obey ami ~h& Coucicuclou o~ the ll~uLc~d SUCu and the Canscl~ur~o~ oi chis applicable. ) Da.c-, aE · A~bt:~t:or, dlsae~ca. p~tes or c.%G:l~' and o~clce che~eoff ~lve~ by MRIAN L. RUPP, Plaintiff/Appellee STEPHEN DARHOWER, Defendant/Appellant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 3386-2002 NOTICE OF APPEAL FROM AWARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that Defendant, Stephen Darhower, apl~*als from the award of the Board of Arbitrators emered in this case on July 31, 2003.. Date: September 2, 2003 I hereby certify that the compensation of the arbitrators has been paid in the sum of $290.00. Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 717-258-8558 Supreme Court ID No. 71786 MARIAN L. RUPP, Plaintiff/Appellee STEPHEN DARHOWER, Defendant/Appellant : IN THE COURT ,OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 3386-2002 CERTIFICATE OF SERVIC~ t hereby certify that on this date, September 2, 2003, I mailed a tree copy of Plaintiffs Notice of Appeal to counsel of record for captioned Defendant by U.S. Mail, postage prepaid, addressed as follows: Marian L. Rupp 321 West Penn Street Carlisle, PA 17013 Paul Bradfi 'd/O~r, Esquire Attorney for Appellant