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COM~~ALlH O' 'IHHIYLYAHIA
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COUIt 0' COMMON 'UAS
(Uvy\h/v'a..""d (.0.
JUbiCiAL d.,TlICT
Cl'\--t.,
NOTICI 0' APPIAL
fROM
DISTRICT JUSTICE JUDGMINT
COMMON,UASNo.
94-5578 Civil Term
NOTICE OF APPEAL
Notic. i. giYllfl thot the appellant hot filed in the above CaUlt of Common Plea. an appeal from lhe judgment rendered by the Di.trict Ju.tic. an the
date ar>d in the co.. mentioned below
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CV 19. 000(') IJ. "3 -'1 L/ / Go h d
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TOO bla<k will be signed ONLY when this natation i. required undet Po. R.cP.JP. No. If appellant was CLA/MANT (see Pa. R.c.P.J.P. No.
~B~tice of Appeal, when received by the Di.trict Ju.tice, will operate a. a 100 1(6) in action be/ore District Justice, he MUST
SlJPERSfDEAS ta the judgment fat pa.....ion in this ca... F/LE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
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Sl!}ll<lturo 01 Prothonoln1y 01 Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This seetion of loon to be used ONLY when apfJCllant was DEFENDANT (see PO". RC.P.J.P. No. 1001(7/ in action betore DiSl1ict Justice.
IF NOT USED, detach from copy of notice of apfJCal to be served upon apfJCllee).
PRAECIPE, To Prothona""{y
Enfel rule upon (J .e "11 i.5 t1J a 1'1-) n 'S P/u rn b. Y- iI-I-tJ . ,appell..(.), to file 0 camplaint in this appeal
Nixno 01 ~IItJLo(SJ ~
94 - 5 5 78 Civil Term ) within twenty (20) day. after ...vice of rule or .uffer entry of judgment of non pn>L
OamlJ.'& ~~~ex-:' _Hooley ex__
(Cammon PIe", No.
RULE, To
bellnl'> ff7avJ'lrI'~
Namo 01 aweJlr1e( 5'
PIli mb .1 )I~: appellee(.).
(1) You are no~fied thot a rule i. h"",by entered upon you to file a camplaint in this oppeal within twenty (20) day. affel the dole of
...vie. of !hi. rule upon you by penonol ..,vke or by certified or regi.tered maiL
(2) K you do not file 0 complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The dote of ...vice of thi. rule if .ervice woo by moil i. the dote of mailing.
Date: Sept. 29,. 19~,
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~IJENN[S ~1'\HTHl':';"P'I:tlM'BING .. IIEATrNG-1
.ll ore ,jI'HINt; TERR
NEWVILLE, PA l72~1
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...."".... P.O. BOX 155 !
27 W. DIG SPRING AVENUE I
NEWVILLE, l'A J
l ,....,..17171776-3107 172-11
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rS'rEELE, PAM
LOT 14 4
DIG SPRING TERRACE
~EWVILLE, PA l724l
rOck;;-t-N~. CV-0000123-94
Date Filod: 7/20/94
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PAM STEELE
LOT 144
BIG SPRING TERRACE
NEWVILLE, PA 17241
THIS IS TO NOTifY YOU THAT:
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l_~.] JUlIqfllt1llt wa5 umerud for:
IName)._QEE~U;5 .\1~!\T~W ;Lf~lfrmj:.1..G A~~_~__._
[~J Judurnunt was entered againsl: (Name) _" STX,~LE.L_R._A11-_.____.
111 th" illTlOunt of $ ___ ___7 :17 . 1 "! .__ on:
(Date) _.6.UQ{94
o DUlTlUgeS wHI 00 ilssosscd Oi J:
[J Tlli:; cas" dismissed with prejudice.
lJ TIllS casu dismissed Without prejudice.
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[J Objection to levy hns bCIJn filed and hearing will be held:
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(Dato & Time) ___.___
AmQunt of Judgment
Juugment CostS
Interest on Judgment
Attorney Fees
$689.15
$48.00
$.00
$.00
$737.15
PossessIon granted.
Possession grilnled if money judgment is not
satisfied within thirty days.
TOTAL
Possession not \lrantod. .
Levy is stayed for ____ days or 0 generally stayed.
.--
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS OF THE DATE OF JUDGMENT BY FILING A NOTICe
OF APPEAL WITH THE PROTHONOTARY I CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION.
'.' ".- (I Li D~te" '" , District Justice
____.~____._.._ . _.__.._.______._....______._...M.____~._____._.______
I certify ttl~tltllS 1:; a true and eurrect copy or tho record of the procrwrjings conI dining the juc1g'-1enl.
('. I D I
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,
___, DIstrict Justice-
My commission expires first M"nday or January, 2000
SEAL
Aore 315-93
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COMMOHWIALfH O' 'INN5YI.YANIA
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NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
94-5578 Civil Term
COMMON 'LIAS No.
NOTICE OF APPEAL
Noti<e i. g;_. rhat rhe appelloot ha. filed in the above COUlt of Com..1ClI1 Plea. on appeal from the judgment rendered by the Di.trict Ju.tic. on the
do'" and in the co... mentioned be'-
~...mU:ANT --~I.~OINAMI CPD!
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n;;;tr Of J..C)C..MlNr. IN '1'11: L.Ar 751r*.,'1I ("".....,.....1
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CVI9iJi)()'J.1.~2-rl .-~ I J..-;.'
LT 19 l../ I, I I' ( (i '" I' /<i ULLL
This black wi" be ligned ONLY when this notation i. required unci.. Pa. R.cPJP. No. /I appellant was CLAIMANT (see Pa. RC.P.J.P. No.
loon
This Notic. of Appeal. when received by the Oi.t,ict AJltice. will operote a. a 1001(6) in action before District Justice, he MUST
SUPERSEDEAS to the judgment lot po"eilion in thi. ca... FILE A COMPLAINT within twenty (20) days after
filing his NO TIC" of APPEAL.
z. Coct
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SlQI1ilturo of ProthonotiJ/Y Or Depuly
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of loon to be used ONLY when awcllanl was DEFENDANT (soe Pa. HCPJP No. lOOl(l) In action beloro DislJict Justice.
IF NOT USED. detach from COfJY of notICe of awcallo be served upon awclloe).
PRAEC:IPEI To Prothonotary
Ent..ruleupon {j I /1 III:> I))O( 1/1) ) I/Lli/II).' INrI-:- ,oppellee(.),ta file a complaint in thi. appeal
~no oi iJWt}IIcLtfsl J
94 -5518 Civil Term I within twenty (20) day. afl'!' ...vice of rule 01 .uflet entry of judgment of non pros.
~ Itll r~.,)./, j-h'_U./
~tIItJ 01 awo!IWJI Of his al!omtJy Of agent
(Common Plea. No.
Date:
Sept. 29 .,19-2:'.
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RULE. To
L"/lill
IIIt1....I't"o
N<mo oJ ~sJ
')/1/11I0 '119: appellee(.).
II) You are notified that a rule is hereby entered upon you to file a complaint in thi. appeal within twenty (20) day. aflet the date of
...vice of thi. rule upon you by, per.anaI service 01 by c..tilied 01 regi'tered maiL
(21 ij you do not file a complaint within this time. a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The dote of ...rvic. of this ,ule if ...vice we. by ma;1 i. the do'" of mailing.
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tSee Reverse)
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COMPLAINT
And now comes the Appellee, Dennis Martin and pursuant
to Pa. R.C.P.J.P. No. 1001(7) truthfully avers the
fOllowing I
1. At all times relevant to this action Appellee was
Dennis Martin doing business as Dennis Martin Plumbing and
Heating. Said business addressed at 43 Big Spring Terrace,
Newville, Cumberland county, Pennsylvania 1724l.
2. At all times relevant to this action Appellant was
Pamela Steele residing at 144 Big Spring Terrace, Newville,
Cumberland County, Pennsylvania 17241.
3. On or about May 7, 19Y4 Appellant contacted Bonnie
Heights Homes, Inc. Carlisle, Pennsylvania for assistance 1n
moving her mobile home from Regency Woods North Mobile Home
Park, Carlisle , Pennsylvania to its current address. As
her home was scheduled for removal on May 10, 1994 there was
nothing Bonnie Heights Homes Inc. could do to aid Appelant.
4. At this time Appellant was referred to Mr. Martin as
a person who may be able to help her prepare the home for
its quickly impending move.
3
5. On Sunday May 8. 1994 Mr. Martin tr~velled to the
home to size up the job. At no time did Appellant request a
written estimate. Mr. Martin agreed to tear down
Appa11ant's home and reset the home after the move.
6.On Monday May 9, 1994 Mr. Martin, accompanied by a
nationally certified mobile home installer prepared
Appellant's home for transfer. They worked on their own
time, starting work after 5100 pm in a good faith effort to
accommodate Appellant within a dwindling time frame.
7.Preparing the home for removal required the following
tasks. Items beyond the scope of an ordinary tear down are
noted in parenthesis I
a.( Removed screwed on skirting);
b.(Removed deck);
c. (Romoved and discarded large amount
of trash from beneath home);
d. Inflated tires;
a.(Removed block piers-due to extreme
height of home very dangerous.);
f. Loaded block for reuse at new address;
g. Disconnected utilities and gas bottles;
h. Hauled all materials to new address for
next day's work.
4
8. On Tuesday May 10, 1994 Appellant's home vas
delivered to 144 Big Spring Terrace Mobile Home Park.
Mr. Martin and his co-worker arrived after hours to set
Appellant's home. Setting the home required blocking and
levelling. Water and electric service were installed.
Additional expense vas incurred at this step due to
unusable pipe and extra footage of electric wire. See
attached bill. Mr. Martin also connected Appellant's
telephone service at her instance. This was highly
irregular and beyond normal practice.
9. Over the course of the next weeks Mr. Martin or his
co-vorker returned to Appellant's home to adjust the set.
This is normal as settling occurs after a set. What was not
normal were Appellant's requests to repair her sink, install
an exterior faucet and replace sections of her Skirting.
These items caused additional expense and are fully
documented on the attachments to this complaint.
10. Mr. Martin presented his bill for services on June
6, 1994. He was informed by Appellant that she would not pay
one month later.
11. On ju1y 20, 1994 Mr. Martin filed an action with
District Justice the Honorable Helen B. Shu1enberger to
recover $989.15 plus costs.
l2. July 21, 1994 Appellant made partial payment ot
$300.00.
13. August 16, 1994 scheduled hearing is cancelled at
Appellant's request.
14. August 30, 1994 upon hearing the case the Honorable
Justice Shu1enberger found for Mr. Martin.
15. September 29, 1994 Appellant filed this appeal.
In consideration of the foregoing Mr. Martin
asserts the following.
1. On May 8, 1994 in Cumberland County Appellant
agreed to pay Mr. Martin upon request, for the work, labor
and services performed on that day and subsequent days by "
Mr. Martin and his associate on behalf of Appellant and at
Appellant's request the cost of materials furnished by and
utilized by Mr. Martin in the performance of the work,
labor and services. also at the special request of
Appellant.
2. The reasonable valUe of the above-mentioned services
and additional materials is $999.15.
3. Mr. Martin has demanded that Appellant pay the sum
mentioned above and Appellant refused, and continues to
refuse to pay the balance owed.
,
Wherefore, Appellee requests I
Judgement against Appellant for $689.15 plus
interest, costs and any further relief deemed appropriate by
the court.
cD~ 11 d
Dennis Martin for
Dennis Martin
Plumbing and Heating
43 Big Spring
Terrace MHP
Newville, PA 1724l
IN THE COURT OF COMMON PLEAS
Pamela Steele.
Appellant
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Dennis Martin
Plumbing and Heating
No
CIVIL ACTION. IN
_:LAW,>
AFFIDAVIT OF SERVICE
Denn i s Ma r tin, being duly sworn according to law, deposes and avers u
follows:
1 Dennis Martin.,:s an adult individual residing inCurp,ber1and County
W~~t Pennsboro Tpwnship, Pennsylvania.
..- -.- .'
2.
On the 21
day of October
.1994, .
served a true and correct copy oflhe:- Complaint.
. :":~
in the above-captioned matter on .
3. Said service was made at
Pennsylvania 17241. I:
144 B~~'Spring Tertace"Newville,
_...... Llrie8 Matl. 0 M
10J-'A~ "H a-Z
-
Dennis Mat~in "for
Dennis Martin Plumbing and Heating
Sworn to and subscribed
before me this ~day
of ~ ct- .1994.
~~B~
NotanaI 5ellI
BellY J. 5,"'11>)"'" Notar'l ~
o _ ~.". c.IlTlJe<\:"'d I,;o""t/
S.N"'.I"""~'""n" .'u"" ~1"12~. '991
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Plumbing & He~ting
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NewVille. PA 17241
(717) 776-5831
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,.,eu SUIJ!CT TO CHAHGE WITHOUt MOfl(ll
.
DENNIS MARTIN'S PLUMBING AND
HEATING,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
vs.
: NO. 94-557S CT
PAMELA STEELE,
Defendant
ANsnR TO COMPLAINT
AND NOW, comes the Defendant, PAMELA STEELE, and answers the
Complaint as follows:
1. Admitted in part and denied in part. The Plaintiff's name
and address are admitted. It is denied that the Plaintiff, at any
time relevant hereto, informed the Defendant that he was doing
business as "Dennis Martin Plumbing and Heating." The Defendant had
no knowledge of the Plaintiff's qualifications as a plumber or his
plumbing business until after the work at issue was performed.
2. Admitted.
3. The allegations in Paragraph 3 are denied. To the contrary,
Defendant contacted Bonnie Heights Homes, Inc., at least two weeks
prior to moving her mobile home into Bonnie Heights Mobile Home Park
to obtain information as to the names of people who could perform tear
down and set up services. The Defendant was informed by Ken
Glotfelty, an agent of Bonnie Heights Homes, that an employee
performed tear down and set up services and that he would arrange for
this employee to provide the services which Defendant requested. Mr.
Glotfelty encouraged the Defendant to use the services of this
employee. The Defendant was not informed by Mr. Glotfelty of the name
of the employee.
4. The answer set forth in Paragraph) above is incorporated
1
herein by reference. By way of further answer and denial, it is
denied that the Defendant ever spoke with or knew the identity of the
Plaintiff until he visited the site prior to the move.
S. Admitted in part and denied in part. It is admitted that the
Plaintiff visited the site prior to moving the mobile home. However,
to the extent that the allegations therein imply that the purpose of
the visit was for the Plaintiff to determine whether he would agree to
perform the services, said allegation is denied. To the contrary, Mr.
Glotfelty had previously informed the Defendant that the Plaintiff
would provide the tear down and set up services. The Defendant asked
Mr. Glotfelty how much the services would cost. After the Defendant
informed Mr. Glotfelty that the cost of moving the home was $445.00.
Mr. Glotfelty stated that the cost of tear down and set up would be
approximately the same which estimate was acceptable to the Defendant.
After her conversation with Mr. Glotfelty, Mr. Martin contacted her as
Mr. Glotfelty stated that he would. The Defendant assumed that the
Plaintiff had agreed to perform the work based upon the estimate which
Mr. Glotfelty had provided. At no time during the Plaintiff's visit
to th9 job site did he inform the Defendant that there was any
question as to whether he would or would not perform the services nor
did he discuss the cost of such services. The Defendant assumed that
she was dealing with an employee of Bonnie Heights Homes and that Mr.
Glotfelty had authority to speak for said employee.
6. The allegations in Paragraph 6 are denied. The Defendant,
after reasonable investigation, is without sufficient knowledge and
information to form a belief as to the averment concerning the
qualifications of the Plaintiff's assistant. Therefore, said averment
2
is denied and proof thereof demanded at the trial of this action. To
the extent that the allegations in Paragraph 6 imply that the
Defendant was informed by the Plaintiff that he was working or billing
for overtime services, said allegation is denied. To the contrary,
based upon her conversation with Mr. Glotfelty, the Defendant assumed
that the Plaintiff would be performing the services after normal
working hours. Further, it is denied that the Plaintiff was required
to adjust his schedule to accommodate the Defendant as the Defendant
had requested such services well in advance of the date scheduled for
moving.
7. Admitted in part and denied in part. It is admitted that the
Plaintiff provided ordinary tear down services within the scope of the
estimate which had been provided by Mr. Glotfelty. It is denied that
any services were provided with Defrrtdant's consent which were beyond
the scope of the original estimate. By way of further answer and
denial, it is denied that a deck was removed from the mobile home. To
the contrary, the mobile home did not have a deck but simply a set of
wooden stairs which were not attached to the home. It is denied that
the Defendant requested the removal of trash or agreed to pay Plaintiff
for the same. To the contrary, the Plaintiff offered to throw the trase
1
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in his truck if there was sufficient room. At no time did the plaintiff
state that he would charge for trash removal nor did the Defendant agree
to pay for the same. A dumpster was available to the Defendant at
time at a distance of less than 100 yards from the lot which the
Defendant would have used had the Plaintiff informed her at that
that he intended to charge for trash removal. By way of further
answer and denial, it is denied that the Plaintiff ever informed the
3
Defendant that there were any extraordinary items required for the
tear down and set up which would not have been included in the
estimate provided by his authorized agent, Mr. Glotfelty.
8. Admitted in part and denied in part. It is admitted that the
Defendant's mobile home was moved on May 10, 1994, on which date the
Plaintiff provided the set up services. It is denied that any
services were provided by the Plaintiff which were extraordinary
and/or beyond the scope of the set up services described by Mr.
Glotfelty. With regard to the telephone service, the Defendant asked
the Plaintiff if he knew whether or not she had to contact the
telephone company to hook up the phone at which time the Plaintiff
offered to do so. At no time did the Plaintiff inform the Defendant
that there would be an additional charge for the same nor did the
Defendant ever agree to pay such charge.
9. The allegations in Paragraph 9 are denied. It is denied that
the Defendant ever requested services which were not included within
the original estimate and/or that the Defendant ever agreed to pay for
such services. To the contrary, the Plaintiff's bill for services
includes charges for repairs which the Plaintiff allegedly made
without the knowledge or consent of the Defendant.
10. Admitted in part and denied in part. It is admitted that
the Defendant informed the Plaintiff that she would not pay his bill
in full. The Defendant informed the Plaintiff that his charge of
$989.15 far exceeded the estimate which she had been provided and
agreed to pay. Further, the Defendant informed the Plaintiff that,
while she did not dispute the charge for the parts, the labor charge
appeared excessive. The Defendant informed the Plaintiff that she had
4
obtained two other estimates for providing similar services which
averaged $775.00 after adding the charge for parts. The Detendant
informed the Plaintiff that she believed the reasonable value of his
services did not exceed $775.00 which is the sum that she offered to
pay and which the Plaintiff refused. The Defendant did pay $300.00 to
the Plaintiff in partial payment for his services pending resolution
of the dispute.
11. Admitted.
12. Admitted.
13. Admitted. By way of further answer and denial, it is
averred that the allegation has no relevancy to the instant
proceeding.
14. Admitted. By way of further answer and denial, it is
averred that the allegation has no relevancy to the instant
proceeding.
15. Admitted.
1. The allegations in Paragraph "l" are denied. The Defendant
agreed to allow the Plaintiff to perform the work based upon the
estimate which Mr. Glotfelty, his apparent agent, had provided. It is
further denied that the Defendant was ever informed that the work
would require the labor of two individuals and that she would be
billed separately for the labor of each. It is further denied that
the Plaintiff ever provided an itemized billing statement until the
Defendant insisted that he do so at which time the Defendant
discovered the excessive labor charges.
2. The allegation in Paragraph 2 is denied. To the contrary,
the reasonable value of the labor required for tear down and set up
5
services is not the equivalent of the labor usually charged by a
plumber. To the contrary, Plaintiff asserts that the reasonable value
of the services provided does not exceed $775.00 which sum the
Defendant has agreed to pay and the Plaintlff has refused to accept.
3. Admitted.
WHERErORB, Defendant requests that judgment be entered in favor
of the Plaintiff in a total sum not exceeding $475.00 without interest
or costs.
Date:
JJJ11. 11. /191
P8:.~Jtzt4
6
VERIFICATION OF INDIVIDUAL
I, PAHBLA STBBLE, hereby certify that I have read the foregoing
Answer to Complaint. The averments of fact made therein are true and
correct to the best of my knowledge, information and belief. I
understand that false statements herein are made subject to penalty of
18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities.
~~
Pam a Steele -
Dated:
/Iw. /~ / f' 7C/
.\
PlaintUt
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
DENNIS MARTIN'S PLUMBING AND
HEATING,
.
.
VS.
NO. 94-5578 CT
PAMELA STEELE,
Defendant
CBRTI.ICATB or SERVICE
This is to certity
Complaint on the N'fh
tha t I,
PAMELA STEELE,
flrwnJu'\
served a copy of the
day of
, 1994, via First Class
united states Mail, postage prepaid and addressed to the following:
Dennis Martin
43 Big Spring
Newville, PA
Plumbing
Terrace
17241
and Heating
~ ~ sJLb
~i2Weele