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Home My WebLink About02-5528;OMMONWEALTH OF' PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT I1 1¥- o NOTICE OF APPEAL Notice is given that the appellant has tiled in the above Court of Common P~eas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. MAG. DIST. NO. OR NAME OF D.J. NAMEOFAPPELLAN% Thomas A. Placey Circui% Ci%y S%ores, Inc. CITY STATE ZiP CODE ADDRESSOFAPPELLANT 5800 Carlisle Pike .Mechanics- PA DATEQFJUDGMENT IN THE CASE OF (PLAINTIFF) 17050 10/18/02 CLAIM NO. CV YEAR__C¥-0302-02 LT YEAR _ T--his block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice ct Appeal, when received by the District Justice, will operate as ~, SUPERSEDEAS to the Judgment for possession in this case. John Billman vs 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. burg (DEFENDANT) circui% Ci%y s%ores, Inc. 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. PRAEClPE: To Prothonotary Enter rule upon J chh Bi llman , appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. (~ ~""~'~[ ~)within twenty (20)days after service of rule or suffer ent~f non pros. RULE: John Billman _, appellee(s) To 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. (3) The date of service of this rule if service was by mail is the date of the mailing, r~r~D~ Date: ~//d ~/~','~ White - Prothonotary Copy Green - Court 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 of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; SS AFFIDAVIT: I hereby swear or affirm that I served ~--~a 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, aod upon the appellee, (name _, year ____, [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. J--]and further that I served the Ru~e to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on _, year [] by personal s~rvice [] by (certified) (registered) mail. sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ____ DAY OF __, YEAR ---- _- Signature of official before whom 8ffldavit was made My commission expires on [,IOU '1!4 21~ 'IO:SB FR ' COMMONWEALTH OF PENN~ ~ LVANIA CX:)uNTY OF~ -~O~m- I~T'~'~ """' ~*'~' ""': 09 ,'~,=: 104 ~. H~CI~IH'~CS~O~I*G, PA ~,h~,,: ('/17) 761.8'230 17050 C_-~.~T P.,ZTY I~'~OJ;LBS, Z/~C/STOB.B 3720 5800 CA~T~ST'~ ~ZKB u~(~Atr3:~.I~-RQ, ~A 3.7050 923'3062066 TO 921'7i'725~9202 . p..1~5/07 NOTICE OF joDGMENT/'rRANSCRIPT CIVIL CASE .... pLAtNTIFF: i-60~B P.O. ~OX 56 L. vs. DEFENDANT: 5800 (~E ~EC~ZC.4~U~-G, PA 17050 THIS Ig TO NOTIFY YOU THAT: Judgment: ['~'1 Judgment was entered for: Damages will be assessed on: This cese dismissed without ~re~udise. Amount of Judgment Subject to [~ Attachment/Ac~ 5ot 1996 ~. (Name) .~.~.~ ~,TT.T,M'AU in the ~ount ~ $ ~ on: (Date of j~gment) 1 ~/~ ~,/n~ Defendan~ ~e j~n~y a~ ~ver~y ~e. (Date & ~me) ~ Amount of Ju~ment judgment ~s~ Imemst on Judg~nt A~o~y F.s ~ost Judgment Or~i~ $~ '" - PaM dudgmeN ~ LeW i~ s~y~ ~r days or ~ ge~lly e~y~. - C~fled dudgment To~l ANY pARTY HAS THE RIGHT TO APPEAL WITHIN '~0 DAYS AFTER THE ENI~Y OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE pROTHONOTARY/CLERK OF THE cOURT OF COMMON PLFr. A$, CIVIL DIVt$1ON, YOU MU~I' INCLUDE A COPY OF THIS~I= OF jUOG,~I'~RIPT FORM WITH YOUR NOTICE OF APPEAL. My commission expires f~t Monday o! danumy, :2004 SEAL AOPC 315-99 CERTIFICATE OF SERVICE AND NOW, this 11ti' day of November, 2002, I, Marc T. Levin, Esquire, hereby certify that I served a true and correct copy of the foregoing Notice of Appeal from District Justice Judgment and Praecipe to Enter Rule to File Complaint and Rule to File upon all parties of record by depositing a copy of same in the United States mail, regular delivery, postage prepaid at Harrisburg, Pennsylvania, addressed as follows; Steven J. Fishman, Esquire Fishman, DePaulis & Fishman 95 Alexander Spring Road Carlisle, PA 17013 Attorney for Plaintiff The Hon. Thomas A. Placey District Justice 104 S. Sporting Hill Road Mechanicsburg, PA 17050 Marc T Levm, Esqmre 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 ot appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPH I N AFFIDAVIT: I hereby swear or affirm that I served [] a copy of the Notice of Appeal, Common Pleas No. 09. - 5528 C i vi 1 , upon the District Justice designated therein on (date of service) November ]. 8 , year 9009. , [] by personal service [] by (certitied) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name JohD. Bil '1ElaD. , on November 1 8 , year 2002 , [] by personal servicerS] 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) !o whom the Rulewas addressed on November 18 ., year 2009- , 13 by personal s~rvice [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFI.RMED) AND SUBSCRIBED BEFORE ME TH S ¢~ ~% '"DAY OF '~',~ 19,1'~.'~',~.YEAR 9~ 002 . S~natur~oof official before whom affidavit was made No%ary Public T~tte of official My commission expires on ~,~/~ I , year Notarial Seal ~ A. Schubeck, Nota~ Public Harl~sbu~g, Dauphin County My Commission Expires June 21, 2004 Mellll~r, Pennsylvania Association of Notaries Ma~r~ T. LevSn, Esq. Signature of Affiant COMMONWEALTH OF'PENNSYLVANIA t COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF ~ISPEAL FROM DISTRICT JUSTICE JUDGMENT co..o, *L*AS,o. Oa -- l NOTICE OF APPEAL //- /~ 0 ~ Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered oy the District Justice on the date and in the case mentioned below. NAME OF APPELLANT --- ' - I MAG. DIST. NO, OR NAME OF O.J Circuit City Stor=_s, Inc. Thomas A. Placer ADDRESS OF APPELLANT CITY STATE ZIP CODE 5800 Carlisle Pike ~echanics- ~ 17050 DATE OF JUDGMENT I IN THE CASE OF (P~,~T, FF) bur ~ (DEFENDANT] 10/18/02 John Billmaa Circuit City S~ores, Iz~c. CLAIM NO, VS. CV YEAR C'~-O 3 0 2 -0 2 I SIGNATURE OF APPELLANT OR HIS ATTOP. J~OR AGENT LT YEAR . , , 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. If appellantwas Claimant (see PA R.C.P.J.P. No. 1001(6)) in ~'l~z3~7~E~JDict Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. X PRAEClPE '~O ENTER RULE TO FILE ~:~LAINT AND RULE TO FlEE (This section of form to be used ONLY when appellant wa~l~F~l[l~T ~e~li~ 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. -~ - c PRAEClPE: To Prothonotary Enter rule upon~x John Billman ,~ ~aRpellee(s),tofiteacomplaintinthisappeaI Name of a~e~(~) ~ ~ - ~ ' (Common Pleas No. ~) within twenty (20) days after service of rule or surf. er ent,[~,,j,m~jfm~p~)f non pros. S~gn~ture of~pp~nt or his attorney or agent RULE: To :~n~%~aqT ~lsM ,appellee(s) SOOS Name of appellee(s) (1) You are aotified that a rule is hereby entered upon you to tile a complaint in this appeal within t'~n.bl~JCjdal~ afte[..the.d~e of service of this rule upon you by personal service or by certified or registered mail. (2)? If ~ou do l~.~i~l~e a.complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UP, ON PRAL~CIPE. :- :- (3~ The date ~,~' rvice o.tthis rule if service was by mail is the date of the mailing. ;- Date: ~ ~ '/~ :' . , Year White P~thonotary Copy 'i - Green - Court'File'Copy Yellow Appelant;~ ~8:JY Pink Appellee Copy Gold - D.J. Copy ~gn ~ Of Prothono~a~r Deputy Proth. - 76 · 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 front if space permits. 1. Article Addressed to: A. Slgnetum [] Agent f ack~ss d,~,,~-,~t from item 17 If YES, enter delivery address below: [] No Service 3ype Certified Mail [] F'~gls~red [] Insured Mail [] Express Mall cc etUrn Receipt for Mercl~endles .O.D. 4. Restricted Delivery? (Extra Fee) [] Yes ('fl'ansfer from ~rvlce label) PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1035 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 front if space permits. 1. Article Addressed to: (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt [] Agent B. Received by (Pdnted Name) C. Date of Delivery D. Is deiivery address different fr~m item 17 [] Yes If YES, enter delivery address below: r"l No 3. Se~lce Type i_¥Certified Ivlail Registerac [] Insured M~dl [] Express Mail ,~eturn Receipt for Merchandlee I._1 C.O.D. 4. Restricted Deiive~y? (Extra Fee) DYes CERTIFICATE OF SERVICE AND NOW, this ~ {)~day of November, 2002, I, Marc T. Levin, Esquire, hereby certify that I served a true and correct copy of the foregoing Defendant Circuit City Stores, Inc. ~s Proof of Service of Notice of Appeal and Rule to File Complaint upon all parties of record by depositing a copy of same in the United States mail, regular delivery, postage prepaid at Harrisburg, Pennsylvania, addressed as follows: Steven J. Fishman, Esquire Fishman, DePaulis & Fishman 95 Alexander Spring Road Carlisle, PA 17013 Attorney for Plaintiff The Hon. Thomas A. Placey District Justice 104 S. Sporting Hill Road Mechanicsburg, PA 17050 Marc T. Levin, Es,~urre JOHN H. BILLMAN, Plaintiff Vo CIRCUIT CITY STORES, INC., Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5528 CIVIL TERM LAW 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 at~er this complaint and notice are served, by entering a written appearance personally or by attomey 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 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 17013 Telephone: (717) 249-3166 AVISO Le hah demandado a usted en la cone. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la cone puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO T1ENE EL DINERO SUFICIENTE DE PAGAR TAL SERV1CIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3 ! 66 JOHN H. BILLMAN, Plaintiff Vo CIRCUIT CITY STORES, INC., Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, · PENNSYLVANIA · NO. 02-5528 · CIVIL TERM LAW COMPLAINT AND NOW, comes JOHN H. BILLMAN, by and through his attorneys, Salzmann, DePaulis & Fishman, P.C., and avers as follows: 1. Plaintiff, John H. Billman, is an adult individual residing at 4 Mt. Rock Road, Newville, Cumberland County, Pennsylvania. 2. Defendant, Circuit City Stores, Inc., is a corporation with a place of business located at 5800 Carlisle Pike, Mechanicsburg, Cumberland County pennsylvania. 3. On November 12, 2001, Plaintiff brought his 2002 Chevrolet Trailblazer to Defendant's store at 5800 Carlisle Pike, Mechanicsburg, pennsylvania. 4. At the time and place above related, Plaintiff was advised by an agent of Defendant that the Defendant was willing and able to install a remote starter/security system on the aforementioned vehicle, and Plaintiff left the vehicle with Defendant for the purchase and installation thereof. 5. Several hours after initial delivery of the said vehicle into the custody of Defendant, said Defendant advised Plaintiff that Defendant was unable to properly install the subject equipment. 6. At the same time and place as related in Paragraph 5 hereof, Defendant advised Plaintiff that in attempting to install the subject equipment the Defendant had caused certain damage to the Plaintiff s vehicle. 7. At the above related time and place, the Defendant's employee advised Plaintiff to take his vehicle to a repair facility of Plaintiffs choosing to effect a repair of the damage to Plaintiff s vehicle. 8. On November 13, 2001, Plaintiff delivered his vehicle to Rufe Chevrolet at 1601 Ritner Highway, Carlisle, Pennsylvania. 9. Said repair facility determined that a fuse had blown during the aborted attempt by the Defendant's employees to install the remote starter/security system on Plaintiff s vehicle. 10. Said repair facility also discovered that numerous wires had been cut and taped together by the Defendant's employees. 11. Said repair facility also determined that the attempt to repair the damage to the wires by taping such wires was not done in a safe, good or workmanlike manner. 12. To repair the damage caused by Defendant's employees in the aborted installation effort, Rule Chevrolet had to disassemble the steering column and ignition lock assembly; replace the steering column harness and SIR coil; and replace a fuse. 13. As a result of the damage caused to Plaintiff's vehicle in the attempt to install the remote ignition/security system, Plaintiff was required to pay to Rufe Chevrolet the sum of $613.38. A copy of the subject invoice is attached hereto and incorporated herein as Exhibit "A". 14. As a result of said damage, Plaintiff was forced to rent a vehicle from Enterprise Rent-a-Car for three (3) days at a cost of $152.97. A copy of the invoice for the rental is attached hereto and incorporated herein as Exhibit "B". 15. All repairs and rental payments claimed above were necessary and proper to repair the claimed damage and the amounts paid for such repairs and rental payments represent the fair and ordinary cost of such and are the amounts actually paid by Plaintiff. WHEREFORE, Plaintiff requests damages against Defendant in the amount of $776.35, said amount being subject to arbitration under the Cumberland County Rules of Court. Respectfully, Attorney ID No. 16269 Salzmann, DePaulis & Fishman, P.C. 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 (717) 249-6333 Attorney for Plaintiff VERIFICATION I, JOHN H. BILLMAN, verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of Title 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. John ,~{. Billman CERTIFICATE OF SERVICE I, Kelly S. Baker, an authorized agent of Salzmann, DePaulis & Fishman, P.C., hereby certify that a copy of the foregoing Complaint via certified U. S. mail return receipt requested, as follows: Marc T. Levin, Esquire Farrell & Ricci, P.C. 4423 North Front Street Harrisburg, PA 17110 Attorney for Defendant Date: KellY S. ]~ak~r Salzmann, DePaulis & Fishman, P.C. 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 (717) 249-6333 JOHN H. BILLMAN, Plaintiff Vo CIRCUIT CITY STORES, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-5528 : : CIVIL TERM LAW PRAECIPE TO SATISFY AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned case satisfied and discontinued. Date: ~'~//~ Date: Steven J. Fishman, Esquire Attorney ID No. 16269 Salzmann, DePaulis & Fishman, P.C. 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 11717) 249-6333 Marc T. Levin, Esquire Attorney ID No. 70294 Farrell & Ricci, P.C. 4423 North Front Street Hardsburg, PA 17110 11717) 230-9201