HomeMy WebLinkAbout02-4490:OMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
CUMBERLAND
JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS.o. 02
NOTICE OF APPEAL
Notice is given that the appeilant 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
M~tthew & Annm~,rie Gover
ADDRESS OF APPELLANT CITY STATE ZIP CODE
334 North 25~h sbr~. Cam~ F, ill PA 17011
DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT)
09-05-02
CLAIM NO.
CV YEAR
LT YEAR
CV-362-02
Roqer Ford Tile & M~rble In,stall v. Na~.th~w & Annmarle
1f 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.
This block will be signed ONLY when this notation is required under PA.
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.
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.
tF NOT USED, detach from copy of notice of appeal to be served upon appellee.
PRAEClPE: To Prothonotary
Enter rule upomRoqer Ford Ti le & Marble In~t al L., appellee(s), to file a complaint in this appeal
Name of appellee(s)
(Common Pleas No. ('~ -~/'~ Cj ~,) _) within twenty (20) days after service of J6J'~ 9T//suffer entry of judgment of non pros.
' ~ L Sionatureofal:fpeflantorhisattorneyo agenl
RULE: ToRoqer Ford Tile & Marble Instappellee(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 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.
,~Jt /~ .... Year ~:~,.f--~'~
' Sighature of ProthonotaryoTDepu~y
White - Prothonotary Copy
Green - Cour[ File Copy
Yellow - Appelant's Copy
Pink Appellee Copy
Gold - D.J. Copy
Proth. - 76
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 ol appeal. Check applicable boxes)
COMMONWEALTH OF P~NNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby swear or affirm that I served
[] a copy of the Notice of Appe~al 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 ............ on
, year .......... [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF , YEAR ...... .
[] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon th~ppel~(s)._, t~
whom the Rule was addressed on , year , -- [] by personal s.~e E~y {certi!ied) (registered)
n~ail, sender's receipt attached hereto.
Signature of olf~clal b~fcre whom affk~awt was made
My commission expires on , year
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09 -1-02
ROBERT V. MANLOVE
Address: 1901 STATE STREET
CAMP HILF., pA
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: CIVIL CASE
NAME and ADDRESS
104 N LOCKWILLOW 'AV
HAKKISBURG, PA 17112
L
VS.
MATTHEW GOVER
334 N 25TH ST
CAMP HILL, PA 17011
, DEFENDANT: NAM~ and ADDRESS
334 N 25TH ST
CAMP: HILL; PA 17011
Docket No.: CV-0000362-02
Date Filed: 7/29/02
THIS IS TO NOTIFY YOU TH~AT:
~Judgment!~
I~ Judgment was entered for: (Name)
I~ Judgment was entered against: (Name)
DEFAULT'u-I]D~M~NT PLTF
ANN MARI~
~n the amoun[ of $ ~IR_ DO ~ on:
] Defendants are joiqtly ane severally HeDge.
] Damages will be assessed on:
] This case dismissed w~tnou~ prejudice.
] Amount of Judgment Sub.ect to
Attachment/Act 5 of 1996 $
[] Levy is stayeo for days or [] generally stayeo.
] Objection to levy nas oeen filed and neanng will be ne~a:
Date of JudgmenD
fDate & Time
Amount of Judgmem $ 534. O0
ludgmem Costs $ 84. O I
nterest on Judgment $ .0
Attorney Fees $_ .0(]
Total $ 618.
Post ,Judgment Credits $
Post auogmem 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 TI~.J,J~E ~ J U D~/]'P.,A'I~C.,I;i~I=T F(~RM WITH.~,O~ NO~TICE O~ APPEAL.
_ / / Date ' *' ' ' '
. ¢ .- , D~stn~.Justtce
~/~' . . . ~ -.-~. . .. ~ . .
/.~t~th,s ,s a true an~co~rect copy of the re;etd of the proceed,ngs ~ont~,~,ng ~e/jud~e~t. :
/' ~ / I// . z / ~ , t ~ LL~:, ~ I
' /"
/.. Daa ~// ~~ . ~ -... , ~str,ot Jus~e I
/M~ commission expires first Monday of 3anuary, 2006 %~**...~&b,'
AOPC 315-99
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Dist NO
09-1-02
DJ Name Hen
ROBEKT V. MANLOVE
Address 1901 STATE STREET
CAMP HILL, PA
17011'0000
761'0583
ANN MARIE GOVER
334 N 25TH ST
CAMP HILL, PA 17011
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
FROGER FORD TILE & MARBLE INSTALL. 'q
104 N LOCKWILLOW AV
HARRISBURG, PA 17112
VS.
DEFENDANT: NAME and ADDRESS
FGOVER, MATTHEW, ET AL. ~
334 N 25TH ST
CAMP HILL, PA 17011
L 3
Docket No.: CV- 0000362- 02
Date Filed: 7/29/02
THIS IS TO NOTIFY YOU THAT:
Judgment:
[] Judgment was entered for: (Name)
]Judgment was entered against: (Name) in the amount of St~, z~,9. _
[] Defendants are jo~¢~'ly and seveCAIly liable.
;" / ?
[--~ Damages will be ~ssessed on: >'
[] This case dismissed .wj.thout prejudice.
Amount of Judgment ~ubject to
~ Attachment/Act 5 of 1996 $
[---] Levy is stayed for__days or [] generally stayed.
[--~ Objection to levy has been filed and hearing will be held:
Date: Place:
Time:
DEFAULT dUU~MlJrI~[' PLTF
(Date of Judgment)
(Date & Time)
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
$ 534.00
$ 68.00
$ .oo
$. .oo
$. 602.00
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 ThJ~bl~E p~ JUD(~-"I~¢~C/~T F~:IM WITH YOU .~ NO;'¢ICE OF APPEAL.
~(~//~_/-"/~'" Date ~~ '~ '*"
,,: , ~,, ,,~ ~rlgt Justice
I~ cedi[y~/(/¢~//~"/,I/,. 'v .. that .,. ~ 2f- this ,,, . is U.,~ o+~ a true -~.~ //~ a~C¢~ct I . ,~ ¢¢ ,~f~~~ ,~- [,/~~~ ~ ~ c~y~f,t~r¢'Cf ~. , C~ : ¢ ~;'~ .... . / the proceedings ~nt~he ~ % ~, ~ . . { ,;~.. ', d , ,,. ; - Oistrict J~t,ce judgm~)t. / ¢ , . ; . ;~ J
My commission expires first Monday of January, 2006 %%,, "" SE'AL
AOPC 315-99
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 D~UPH!~ 'ss
AFFIDAVIT: I hereby swear or affirm that I served
a copy of the Notice of Appeal, Common Pleas No. 02 - '~ 490 upon~the DistriCtrec~u.L arJUSti~e designated therein on
(date of service) _ Se~.m___~ e z'~0 _, year 2002 ., [] by persona service [X.I by ~l~l~l~mail, sender s
receipt attached hereto, and upon the appellee, (name P.o~e[" F'orc] '~ le & [v[~rble__T./l~Jr~ ...... on
Se~__, year ~.~_0_~_, [] 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 o! Appeal upon the appellee(s) to
whom the Rule was addressed on Sep'cember 20 year 200 ~___ [] by personal service [] by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
Title of official ~ / --
My commisSion expires on ~/~.//'/ ,year ~
· Complete items 1, 2, and 3. Also complete
. item 4 if Restricted Deliver~ 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 front if space permits.
1. ~icle Addressed ~:
Roger Ford Tile & Marble
Ins%allation
104 N. Lockwillow Avenue
Harrisburg, PA 17112
A. Received by (P/ease Print Clearly) B. Date of Delivmy
If YES, enter delivery address below:
] Addmssse
[] Yes
X~xNo
3. Service Type
X~Certifled Mail [] Express Mail
[] Rsgistered ~eturn Receipt for Merchandise
[] Insured Mail [] C.O.D.
4. Restricted Delivery? (Extra Fee) [] Yes
2. Article Number (Copy from service label)
7000 1670 0009 9785 9765
PS Form 3811, Ju~y
Domestic Return Recei~
Postage
Certified Fee
Return Receipt Fee
Endorsement ReQulreo;
Restricted Delivery Fee
,6ndorsement Reou~re~]
Total Postage & Fees
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
ROGER L. FORD, SR., d/b/a
ROGER FORD TILE & MARBLE
INSTALLATIONS
VS.
MATTHEW & ANNMARIE GOVER
NO. 02-4490 CIVIL
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
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 complant 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 Bar Association
2 Liberty Avenue
Carlisle, PA
(717) 249-3166
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
ROGER L. FORD, SR., d/b/a
ROGER FORD TILE & MARBLE
INSTALLATIONS
VS.
MATTHEW & ANNMARIE GOVER
NO. 02-4490 CIVIL
STATEMENT OF CLAIM
NOW COMES Plaintiff, Roger L. Ford, Sr., d/b/a Roger Ford Tile & Marble Installations,
Pro Se, and hereby sues Defendants, Matthew & Annmarie Gover, and states as follows:
1. This is an action within the jurisdiction of the Court of Common Pleas of Cumberland
County; to wit: this is a claim against individuals for payment for services of ceramic tile installed
in their place of residency located in Camp Hill, Pennsylvania (Cumberland County).
2. The Plaintiffherein is Roger L. Ford, Sr., d/b/a Roger Ford Tile & Marble Installations, with
its principal place of business at 104 N. Lockwillow Avenue, Harrisburg, PA 17112.
3. The Defendants herein are Matthew and Annmarie Gover, residing at 334 North 25th Street,
Camp Hill, PA 17011.
4. In February, 2002, the Defendants herein contacted Plaintiff and requested Plaintiff to
measure their kitchen floor and provide them with an estimate as to how much it would cost to install
a ceramic tile floor in their kitchen area.
5. On or about February 23, 2002, Plaintiffherein personally appeared at 334 North 25th Street
to measure the kitchen area of Defendants' residence.
6. In February, 2002, Plaintiff provided Defendants with an estimate of the cost for installing
ceramic tile in the Defendants' kitchen, said estimate amounting to $2,790.00.
7. On or about February, 2002, Defendants agreed to said pricing and advised Plaintiff to
proceed with the work.
8. On or about May 7, 8, 9, 2002, two employees of Plaintiff, Mr. Scott Cooper and Mr. Craig
Watson, installed the new ceramic tile floor in the Defendants' kitchen.
9. On or about May 9, 2002, Plaintiff herein submitted its invoice to Defendants in the amount
of $2,790.00, which was the agreed upon price for the installation of the ceramic tile floor in
Defendants' kitchen. ("Exhibit A")
10. By letter dated May 27, 2002, signed by Defendant, Annmade Gover, Plaintiff was advised,
for the first time, that "while the guys were installing the floor tile under the baseboard of the wall
near our refrigerator, they unintentionally severed a wire to our security system". ("Exhibit B")
11. Defendant, Annmarie Gover, further advised that due to the alleged fact that Plaintiff's
company severed the wire, Defendants had to have the security fiim of Zeplin Security come to their
home to fix the problem, and that due to this, Defendants deducted the amount of Zeplin's bill from
the amount of the Plaintiff's invoice (-$530.45). Also attached to said letter was a copy of the Zeplin
Invoice, No. 5-9-1269. ("Exhibit C")
12. Neither Plaintiff, nor his employees', were aware of, or had been notified of, any hidden
wires, nor aware of any wires being cut at any time prior to the money being deducted from
Plaintiff's invoice, nor was there any visible indications from the kitchen (the work area), that would
have led a contractor to believe that there were hidden wires running underneath the floor or
baseboards.
-2-
13. By letter dated June 13, 2002, Plaintiffherein replied to Defendant Annmarie Gover's letter
of May 27, 2002, and advised that he had not been advised that there were any hidden security wires
and he believed it was unjust for her to withhold $530. ("Exhibit D")
14. By letter dated June 18, 2002, Defendant Matthew Gover, under letterhead ofNealon &
Gover, P.C., wrote to Plaintiff and inquired as to "Since when is it the homeowner's responsibility
to tell a contractor to watch out for wires" and further advised Plaintiff that he could file suit in the
District Justice Court and "see what the judge decides". (Exhibit "E")
15. Thereafter, on or about July 29,2002, Plaintiff herein filed a Civil Complaint (No. CV-
0000362-02) with District Justice Manlove's Office (District No. 09-01-02) for the monies withheld
by Defendants. ("Exhibit "F")
16. Defendants herein failed to enter any defense to that Complaint.
17. On September 5, 2002, District Justice Manlove issued judgment in favor of Plaintiff, and
against Defendant Matthew Gover, in the amount of $602.00 ("Exhibit G"), as well as judgment in
favor of Plaintiff, against Defendant Ann Marie Gover, in the amount of $618.00 ("Exhibit H") due
to Defendants failures to enter a defense.
18. By letter dated September 20, 2002, with an attachment, Defendant Matthew Gover served
Plaintiff herein with a copy of a Notice of Appeal from District Justice Judgment (Common Pleas
No. 02-4490) and Plaintiff herein was directed to file a Complaint within twenty (20) days.
("Exhibits I and J")
19. As a direct and proximate result of Defendants' failure to pay Plaintiff the illegally withheld
$530.45, Plaintiff herein has now incurred additional costs, i.e., $68.00 for District Court filing as
well as lost wages for time off work to handle the instant suit.
-3-
WHEREFORE, Plaintiff herein, Roger L. Ford, Sr., d/b/a Roger Ford Tile & Marble
Installations, demands judgment be entered in its favor, and against Defendants, Matthew &
Annmade Gover, in the amount of $530.45, the amount of payment illegally withheld by Defendants
for ceramic tile installation performed by Plaintiff, plus $68.00 for District Court costs incurred by
Plaintiff, plus any fees incurred during this instant matter, as well as interest at the legal rate of six
percent (6%) per annum, from May 27, 2002, the date this Claim accrued.
RESPECTFULLY SUBMITTED:
Roger Ford Tile & Marble Installations
104 N. Lockwillow Avenue
Harrisburg, PA 17112
(717) 545-9465
-4-
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
ROGER L. FORD, SR., dPo/a
ROGER FORD TILE & MARBLE
INSTALLATIONS
VS.
MATTHEW & ANNMARIE GOVER
NO. 02-4490 CIVIL
VERIFICATION
The undersigned, Roger L. Ford, Sr., hereby verifies and states that:
1. He is the owner of Roger Ford Tile & Marble Installations;
2. He is authorized to make this verification on his own behalf;
3. The facts set forth in the foregoing Statement of Claim are tree and correct to the best of his
knowledge, info,nation and belief; and
4. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S.
§4904, relating to unswom falsification to authorities.
DATE:
RESPECTFULLY SUBMITTED:
R~)go4~. Ford, Sr., Owner, Pro Se
Roger Ford Tile & Marble Installations
Lockwillow Avenue
Harrisburg, PA 17112
(717) 545-9465
-5-
07/02/02 TUE 20:27 FAX 717 545 9768 Roger L. Ford, Sr. ~008
CEraMIC TILE IMST LL TiOMS
Submitto:
Roger L. Ford, Sr.
104 N. Loci6~Jllow Ave.
Harrlsl:)u~g, PA 17112
Tel: (717) 545-9465
Fax: (717) 545-9766
INVOICE
ANN MARIE GOVER
334 N. 25TH STREET
CAMP HILL, PA 17011
JOB:
9-May-02
Description Amount
KITCHEN FLOOR $2,790
Please pay this amount $ 2,790.00
Make checks payable to Roger L. Ford, Sr.
5/9102
07/03/02 09:23 TX/I:U( N0.1802
P.O08
07/02/02 TUE 20:28 F~ 7]7 545 9788
Roger L. Ford.
[~010
May 27, 2OO2
Roger L. Ford, Sr.
104 North Lockwillow Ave.
Harrisburg, PA 17112
Dear Roger:
We are very much enjoying our new tile floor in the kitchen; your ~mployeos did an
excellent job, just like their work m our powder room.
However, there was a problem that developed during installation that required our
security fh-m, ZepUn Security, to come to house and fix. Apparently, wh/le thc guys were
installing thc floor tile under the baseboard of the wall near our refrigerator, they
unintentionally severed a wire to our security system. The control panel is on the other
side of thc wall and there are many wires runni~ng to it. Zeplin Secur/ty hadto come out
and re-install a wire, I have enclosed the bill that they sent us, Zep}in told us that this
happens often when floor tile is installe&
I've deducted tl~ mnomlI of Zeplin's bill from your check, enclosed. A copy of Zeplin's
bill is also enclosed for your information only. Please let me know if you have any
questions.
Again, we appreci~_tc our floor and but for the wire ma_-_er, every~hin_ g is perfect!
S/~ccrely,
Atlachmeuts
07/03/02 09:23 TX/RX NO. 1802
P.010
07/02/02 '~ 20:28 FAX 717 545 9766
ZEPL1N SECURITY GROUP INC.
PO BOX 144
CAMP HIT.L, PA 17011
717-761-3112
BILL TO
MA'r fHl/W GO'v-ER
334 N. 25TH ST.
CAMP H~L pA 17011
Ro~er L.
~ord. Sr.
OO9
DATE
5~0~2
Invoice
IINVOICE~
SHIP TO
0230476
PLEASE PUT ON CTd_F_.-CK
QUANTITY
P.O. NO.
DESCRIPTION
cut inside WnII/,~jLr/5.14-02
Service ]Labor
Service Psrts
TERMS
NET l0 DAYS
RATE
61.50
430.50
38.45
L
Total
PROJECT
AMOUNT
61.50
430.50
38.45
$530.45
07/03/02 09:23
TX/RX N0.1802
P.O09
09/23/02 MON 19:28 FAX 717 545 9766 Roger L. Ford. Sr. ~002
Roger L. Ford, Sr.
Ceramic Tile Specialist
104 N. Lockwillow Ave.
Harrisburg, PA 17112
~une 13, 2002
Ann Marie Gover
334 N. 25m Street
Camp Hill, PA 1701
Dear Ann Marie:
We were not told that there were wires to watch out for, so how were we to know?
Therefore, I feel that you deducting $530 from my invoice is very unjust. In other words,
not only did I make "no" profit, but went $250 in the red so you could have a' tilefloor.
Trusting you'll make amends ....
Roger L. Ford, Sr.
09/24/02 08:26 TX/RX N0.1898
P.002
09/23/02 ~ON 19:27 FAX 717 545 9768 Roger L. Ford, Sr. ~001
i NEALON ,9¢
i'GOVER,
~ .~kTTORNEY:5 AT LAW
2411 NO~XH FRO~T SXR~r
H^RmsmmG, PA 1.71
Tvi_~'~nONl~ (717) 232-9900
FACSIMILE (717) 236-9119
PltlLADELpIilA $'I'RDL*i'
YORK, PA 1740 I
71 7/852- 7888
MA'PrH£W R. GOVER
mgover(~.2nea lon-gover, :om
June 18, 2002
Mr. Roger L. Ford, Sr_
Ceramic Tile Specialist
104 North Lockwillow Avenue
Harrisburg, PA 17112
Dear Mr_ Ford:
Since when is it the homeowner's responsibility to tell a contractor to watch out
for wires. According to Zeplins, this happens on repeated occasions. Do you seriously
think it is our responsibility to pay for your mistake? You have a remedy. You can sue
us in District Justice Court and see what the judge decides. His name is Robert
Manlove and he is located in Camp Hill.
wlY yours, _
R. Cover
NEALON & COVER, P.C.
MP, Gtlss
09/24/02 08:26 TX/RX N0.1898 P.06i
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMbEred%ND
09-1-02
ROBERT V. MANLOVE
^dd,ess: 1901 STATE STREET
CAMP HILL, PA
(717)761~ 0583
17011-0000
AMOUNT DATE PAID
FILING COSTS $ 52 · 00 / /
POSTAGE $ / /
SERVICE C~STS
$
~.00 / /
CONSTABLE ED. $ / /
TOTAL $ / /
CIVIL COMPLAINT
PLAINTIFF: NAME an0 ADDRESS
'ROGER L, FORD, SR., OWNER
Roger Ford Tile & Marble Installations
104 N. Loekwillow Avenue
[=_Harrisburg, PA 17112
VS.
DEFENDANT: NAME and ADDRESS
ANN MARIE A MATTHEW GOVER
334 N. 25th Street
Camp Hill, PA 17011
Docket No.:
Date Filed:
TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ 5 3 4.0 0 together with
costs upon the following claim (Civil fines must include citation of the statute or ordinance
violated):
Defendants herein illegallLand without cause withheld $534 pay,
for ceramic tile installation services rendered to Defendants
on or about May 7, 8 & 9, 2002.
I, ?"~o~,~ Z¢ /-'~'~9'=L ~ verify that the facts set fodh in this complaint are true and
cOrrect to the best of my knowledge, information, and belief. This statement is made subject to the penalties of
SeCtion 4904 of the C.r mes Code (18 PA..C'S' ~ 4904) related to u~ falsification to authorities.
' -~ ignature of Plaintiff or Authorized Agent)
Plaintiff's
Attorney:
Address:
Telephone:
IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD SO NOTIFY THIS OFFICE IMMEDIATEL'
AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE.
UNLESS YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT.
If you have a'claim against the plaintiff which is within district justice jurisdiction and which you intend
to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before
the date set for the hearing. If you have a claim against the plaintiff which is not within district justice
jurisdiction, you may request information from this office as to the procedures you may follow. If you
are disabled and require assistance, please contact the Magisterial District office at the address
above.
AOPC 308A-02
09/28/02 SAT 08:21 FAX 717 545 9766 Roger L. Ford. Sr. ~002
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: ~O~EREd~D
09 - 1 - 02
A~res$: 1901 STATE S~E~
T.,,~.~: (717) 761-0583
17011-0000
.ROGF~ L FOt~D, SR.
104 N LOCK~ILLOW AV
~--~-Ri~BUJ[G, PA 17112
NOTICE OF JUDGMENT/TRANSCRIPT
PLAINTIFF: CIVIL CASE
~OGER FOPJD TILE & MARBLE INSTALL.
104[ N LOC~ILLO~ AV
DEFENDANT: NAM~ ~nd ADDRESS
33A ~ 25~ ~
~ .~. ~A ATOlZ
Docket No.: ~-0000362-02
Date Filed: 7/29/02
THIS IS TO NOTIFY YOU THAT:
i~i~--7 j~dgr~eht: .........
r--m% :: ·
~ ~.'j~: UD'~gment was entered for:
Judgment was entered against: (Name)
in the amount of $ ~0~..0_O_ on:
~ Defendants are jointly and severally liable.
J-~ Damages will be a~sessed eh:
~-] This case dismissed withotJt prejudice.
J~Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
~. Levy is stayed for days or ~-~ generally slayed.
] Objection to levy has been filed and hearing w~ll be held:
Time:
[I..
(Date of Judgment)
(Date & Time)
Amount of Judgment
Judgment Costs
Interest. on Judgment
Atto~-~'ey Fe~s"
Total
$ . 534.00
$ 68.00
$ .00
$. ' .0(
$ 602.0~
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total
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 ~OURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MusT ;/~I~,E A COPY OF ~~~/~[TH yOuR NOTICE OF APPEAL
?A/~/~ Date --~' District Uuitice' '
[ ~',--~at' ! thi-isat //'~~--_,-/-- -s ~~~ he, : - ' ' ' ': '
)roceedings containing thc judgment. [
My commission expires first Monday of Januaryl
AC)PC 315~99
2006 SEAL
/28/02 21:19 ~ TX/RX NO. 1907
P.O02
09/28/02 SAT 08:22 FAX 717 545 9766 Roger L. Ford. Sr. ~]003 .
COMMONWEALTH OF PENNSYLVANIA · ' NOTIC
COUNTY OF: CU~B~ E'OF?iUDGMEN /TR/i[:NSCRtPT
Mag. Da. No: PLAINTIFF ~C VIL.CASE.~ · '
· Docket No.: CV- 0000362 - 02
~ISBU~G, PA 13'112 Dato Flied: 7/29/02
Judgment was entered for: (Name) ~ ~ mTT.~ & Ma~mT.~ T~R~a
Judgment was enter~ against: (Name) ~, ~ ~T~ '
in t~e amount of $ __ ~1 R_ o~ on: (Date of Judgment) ~/oR/.02 .
Defendants are joinfiy'and.several~'l~ble .... ' '. · - (Da~e & Ti~e)
' .h s. sadism ssedw~thoat prejud ce · : : ' AEbr~e' Fees "
A~achment/ActAm°unt of Judgm'ent-SU~je~t to ~ . '. ·
5of1996 $ Post Judgme~ Credits ~' $ .' ' . J.
~ ' · POst Judgment. Costs $
Levy is stay~ for days or ~ ~ generally stayed - = .... ._~___={..
' Certi~ Judgment Toll
Object,on to levy has been filed and hearing will be held: '
· . A.NY PARTY. HAS THE RIGHT. TO At~J~E~.% W!T~I~I 30 DAys AF'i:ER :THE. E~Ry .OF JUDGME~ BY F~LING.A NOTICE
~' ' ..:' OF'AppEA~ ~"THE;p~ON~TARYfCLERK~'~,~'~CO0~'~OM~N PE'EAS, CIViL'DIViSION,: YOu ' '
~" ."- ~':","Y ~'' .:' "~: '::."':'..~ ~',::-:.'~-~.'t ~:-~'.' -. ; ;:;.~.',.-..~:~-: .:'.: ...... ' '",.'/:. :; ~ ' ',..' .. -- ~ ..:..:~ _;.:- ,' · ;
! ~ ~~,~ ,.l.,' .... "' ' ~ :'" "' "': ' ' :: ...... · " .' ' ~ "" :' · ' "~ ' ..~
~- { ~t'th's~" a 'r~~/the pr0ceed ~g" co~tai~f~g ~th~ '=' '~--~ ~",;-'~ ~:~,;;:;,;-~e~ -'
/
My commission expires first Monday of January,
A~)PC; 315-99
2006 .SEAL
NEALON
'GOVER, EC.
ATTORNEYS AT LAW
2411 NORTH FRONT STREET
HARRISBURG, PA 17110
TELEPHONE (717) 232-9900
F^CSlMILE (717) 236-9119
29 EAST PHILADELPHIA STREET
YORK, PA 17401
(717) 852-7888
MATTHEW R. GOVER
mgover~nealon-gover.com
September 20, 2002
Mr. Roger Ford
Roger Ford Tile & Marble Install.
104 North Lockwillow Avenue
Harrisburg, PA 17112
Re: Roger Ford Tile & Marble Install. v. Matthew
Gover et al - Docket No. 02-4490 Civil
Dear Mr. Ford:
Please find enclosed a Notice of Appeal from District Justice Judgment filed on
September 18, 2002, in the above-captioned matter.
Very truly yours,
Matthew R. Gover
NEAI..ON & GOVER, P.C.
MRG/Iss
Enclosure
cc: District Justice Manlove w/enc.
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
ROGER L. FORD, SR., d/b/a
ROGER FORD TILE & MARBLE
INSTALLATIONS
VS.
MATTHEW & ANNMARIE GOVER
NO. 02-4490 CIVIL
NOTICE OF SERVICE
,/
4^
I hereby certify that on this y day of October, 2002, the foregoing Statement of Claim was
served upon the following parties of record via first class, return receipt, U.S. mail as follows:
Matthew Gover
334 North 25th Street
Camp Hill, PA 17011.
Annmarie Gover
334 North 25th Street
Camp Hill, PA 17011
By:
R;g~ L. ~ord, Sr., 6wner -
Roger Ford Tile & Marble Installations
104 N. Lockwillow Avenue
Harrisburg, PA 17112
(717) 545-9465
ROGER FORD TILE & MARBLE
INSTALLATION
VS.
MATTHEW and ANNMARIE GOVER
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4490 Civil
CIVIL ACTION - LAW
NOTICE TO PLEAD
TO:
Roger L. Ford, Sr. d/b/a
Roger Ford Tile & Marble Installations
104 North Lockwillow A venue
Harrisburg, PA 17112
YOU ARE HEREBY NOTIFIED, that the New Matter set forth herein contains
averments against you to which you are required to respond within twenty (20) days
after service thereof. Failure by you to do so may constitute an admission.
Respectfully submitted,
N EA/~y///& GOVER
B Y "~lV~a/t~ew~R. G~'~ v~, r e
Attorney I.D. #47,593
2411 North Front Street
Harrisburg, PA 17110
717-232-9900
ROGER FORD TILE & MARBLE
INSTALLATION
VS,
MATTHEW and ANNMARIE GOVER
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4490 Civil
CIVIL ACTION - LAW
ANSWER AND COUNTERCLAIM
AND NOW, comes Matthew and Annmarie Gover, by their attorneys NEALON &
GOVER, and file the following answer:
1 - 9. Admitted.
10. Denied as stated as the letter speaks for itself.
11. Admitted.
12. Denied. After a reasonable investigation answering defendants are
without knowledge or information sufficient to form a belief as to the truth of the matter.
Strict proof is demanded at trial.
13. Denied as the letter speaks for itself.
14. Denied as the letter speaks for itself.
15. Admitted.
16. Paragraph 16 represents a conclusion of law to which no
responsive pleading is required.
1 7. Admitted.
18. Admitted.
19. Denied as stated. Defendants withheld money from Plaintiff due to
their failure to install tile in a workman-like and competent manner. As to the remaining
averment, after reasonable investigation the Defendant's are without knowledge
sufficient to form a belief as to the truth of this averment and proof is demanded at trial.
WHEREFORE, Matthew and Annmarie Gover, respectfully would request that
this Honorable Court dismiss Plaintiff's suit.
NEW MATTER IN THE NATURE OF A COUNTERCLAIM
MATTHEW AND ANNMARIE GOVER V. ROGER FORD~ SR.
D/B/A ROGER FORD TILE & MARBLE INSTALLATIONS
Paragraphs 1 through 19 are incorporated herein by reference
20.
thereto.
21.
dates in May of 2002.
22. During the
The Plaintiff installed tile at the Defendants' residence on various
installation of the tile, the Defendants' employees or
agents cut wires that connected the alarm system in the Defendants' home. As a result
of the negligence of the Plaintiffs' employees or agents, damage to the alarm system
was done through no fault of the Defendants.
The alarm control panel was on the opposite side of the wall where
23.
tile was installed.
24.
Defendants had to contract with Zeplin Security Office to reinstall
wires that were severed by the Plaintiff.
25. The damage for the repairs to the Defendants' home amounted to
$53O.45.
26. The Defendants deducted $530.45 based on the negligence of the
Plaintiffs when they installed Defendants' floor.
27. The amount requested is an appropriate set off given the damages
done to Defendants' residence.
28. There is no legal basis for the homeowners to pay for damages
caused by a contractor.
WHEREFORE, Matthew and Annmarie Gover, respectfully request judgment
against the Plaintiff in the amount of $530.45 plus costs of filing the appeal. Or, that a
set off be entered on Plaintiff's claim so that no judgment be entered for either party.
Respectfully submitted,
NEALON & GOVER, P.C.
By
M~tt~ew R. Gover, Esquire
Attorney I.D. 47,593
2411 North Front Street
Harrisburg, PA 17110
(717) 232-9900
Date:
VERIFICATION
I, Matthew R. Gover, verify that the statements made in the foregoing Answer
and Counterclaim are true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to
authorities.
Date:
VERIFICATION
I, Annmarie Gover, verify that the statements made in the foregoing Answer and
Counterclaim are true and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to
authorities.
Date:
Ann ma~/~ Gover
CERTIFICATE OF SERVICE
AND NOW, this "/~'~day October, 2002, I hereby certify that I have served the
foregoing Answer and Counterclaim on the following by depositing a true and correct
copy of same in the United States mail, postage prepaid, addressed to:
Roger Ford, Sr.
Roger Ford Tile & Marble Installations
104 North Lockwillow Avenue
Harrisburg, PA 17112
Gover, Esquire
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
ROGER L. FORD, SR., d/b/a
ROGER FORD TILE & MARBLE
INSTALLATIONS
VS.
MATTHEW & ANNMARIE GOVER
NO. 02-4490 CIVIL
PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER
IN THE NATURE OF A COUNTERCLAIg-
NOW COMES Plaintiff, Roger L. Ford, Sr., d/b/a Roger Ford Tile & Marble Installations,
Pro Se, and hereby answers Defendants' New Matter in the Nature ora Counterclaim as follows:
IN THE NATURE OF A COUNTERCLAIb]
20. Plaintiff incorporates by reference the averments of Paragraph Nos. 1 through 19 of its
Statement of Claim as though set forth here in full.
21. Admitted.
22. The averments in this paragraph constitute conclusions of law to which no response is
required. To the extent a response is required, the averments are denied.
23. Denied. After reasonable investigation, Plaintiff is without knowledge or information
sufficient to form a belief as to the truth of this averment. Strict proof is demanded at trial.
24. Denied. After reasonable investigation, Plaintiff is without knowledge or information
sufficient to form a belief as to the truth of this averment. Strict proof is demanded at trial.
25. Denied. After reasonable investigation, Plaintiff is without knowledge or information
sufficient to form a belief as to the troth of this averment. Strict proof is demanded at trial.
26. Admitted in part; denied it part. It is admitted that Defendants' deducted $53'0.45. The
remainder of this allegation is denied as it constitutes a conclusion of law to which no responsive
pleading is required pursuant to the Pennsylvania Rules of Civil Procedure.
27. The averments in this paragraph constitute conclusions of law to which no response is
required. To the extent a response is required, the averments are denied.
28. The averments in this paragraph constitute conclusions of law to which no response is
required. To the extent a response is required, the averments are denied.
WHEREFORE, Plaintiff, Roger L. Ford, Sr., d/b/a Roger Ford Tile & Marble Installations,
respectfully requests judgment in its favor and against Defendants Matthew and Annmarie Gover.
RESPECTFULLY SUBMITTED:
~oger~. For~l, Sr., ~wner, Pro Se
Roger Ford Tile & Marble Installations
104 N. Lockwillow Avenue
Harrisburg, PA 17112
(717) 545-9465
DATE:
-2-
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
ROGER L. FORD, SR., d/b/a
ROGER FORD TILE & MARBLE
INSTALLATIONS
VS.
MATTHEW & ANNMARIE GOVER
NO. 02-4490 CIVIL
The undersigned, Roger L. Ford, Sr., hereby verifies and states that:
I. He is the owner of Roger Ford Tile & Marble Installations;
2. He is authorized to make this verification on his own behalf;
3. The facts set forth in the foregoing Answer to Defendants' New Matter in the Nature of a
Counterclaim are true and correct to the best of his knowledge, information and belief; and
4. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S.
§4904, relating to unsworn falsification to authorities.
DATE:
RESPECTFULLY SUBMITTED:
Roger Ford Tile & Marble Installations
Lockwillow Avenue
Harrisburg, PA 17112
(717) 545-9465
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
ROGER L. FORD, SR., d/b/a
ROGER FORD TILE & MARBLE
INSTALLATIONS
VS.
MATTHEW & ANNMARIE GOVER
NO. 02-4490 CIVIL
NOTICE OF SERVICE
I hereby certify that on this 31st day of October, 2002, that I have served the foregoing
Answer to New Matter in the Nature of a Counterclaim upon counsel of record this date by
depositing a true and correct copy of the same in the United States mail, postage prepaid, addressed
as follows:
Matthew R. Gover, Esquire
Nealon & Gover, P.C.
2411 North Front Street
Harrisburg, PA 17110
Roger L. Ford, Sr., Owner
Roger Ford Tile & Marble Installations
104 N. Lockwillow Avenue
Harrisburg, PA 17112
(717) 545-9465
ROGER FORD TILE & MARBLE
INSTALLATION
VS.
MATTHEW and ANNMARIE GOVER
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4490 Civil
CIVIL ACTION - LAW
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Matthew R. Gover, Esquire, counsel for the defendants in the above action
respectfully represents that:
1. The above-captioned action is at issue.
2. The claim of the plaintiff in the action is $530.45.
3. The counterclaim of the defendants in the actions is $530.45 plus costs.
The following attorneys are interested in the case as counsel or are otherwise
disqualified to sit as arbitrators:
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully submitted,
NEAL/(~¢ &/ ;OVER, P.C.
v l~/att !w R. Gover, Esquire
Atto '~ney I.D. #47,593
241 North Front Street
Harrisburg, PA 17110
ORDER OF COURT
ANDNOW, this/~ dayof .~/~'//{~2¢(~..,200~LF, inc°nsidF~?utlr°en'
of the fore, doing . p~tition, ?/. ~////fo,~/ /¢t~,~'~--( ,., . q
¥~]'./'/¢~¢¢,r~ ~,..~~, Esquire and ¢.7¢~.~.
a-r~ ~p'~'~n~l ~', bitrators in the above-captioned action as p,~yed foe..
· -- I/,J.
)
)
)
In .The Court of Common Pleas of
Cumberland County, Pennsylvania
t 1¢0
OATH
We do sole~ly swear (or affirm) chat we will support, obey and defend
the Constitution of the United S~ates and the Constitution of this
wealth and ~hat we will discharEe ~he du~~~y
AWARD
We, the undersigned arbitrators, having been duly appointed and sworn
(or affirmed), make the following award:
(Note: If dm,mges for delay are awarded, ~hey shall be
applicable.)
Date of Hearing:
Da~ of Award:
Arbitrator, dissents.
(Insert name if
Arbitrators' compemsation to be
paid upon appeal:
~ozzcz OF =-~r~ OF AWAaD
Now, the ~}~day of ~fu~ , ~, at ?"W~,~.~i., ~he above
a~rd was entered upon the docket and notice cher'eof given by ~il no ~he
parties or ~heir atto~eys.
=~ ~roc oho ~
Deputy
ROGER FORD TILE & MARBLE
INSTALLATION
VS.
MATTHEW and ANNMARIE GOVER
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4490 Civil
CIVIL ACTION -. LAW
PRAECIPE
TO THE PROTHONOTARY:
PLEASE MARK THE
SATISFIED.
JUDGMENT IN THE ABOVE-CAPTIONED MATTER
Respectfully submitted,
Roger Ford Tile & Marble Installation
104 North Lockwillow Avenue
Harrisburg, PA 17112
Date: ,--~/~.~(~/0 Z
-