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Home My WebLink About01-5874COMI~WEALTH OF pENNSYLVANiA COURT Of COMMON PLEAS ~ JUDICIAL DISTRICT NOTICE OF APPEAL /0 /0 0/, , DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is gi*mn that the appellant has filed in the above Court of Common Pll~s an appeal from the judgment rendered by the District Justice on the dale and in the case mentioned below ~ ~ck Mil ~ ~ ONLY ~ ~is ~mfi~ is mqui~ u~ P~P. JP. ~ If ~1~ ~ GLAI~N~ (s~ ~. ~.~.P.&P. ~o. 1 1~8~ T~s ~tke of A~I, ~ mc&~ ~ ~ ~sk~ ~stice, Mil ~ as o 1001(6) in ~ti~ ~e Dist~ct J~tice, ~ ~ST ~ER~DEAS ~ ~ j~t ~ ~s~ssi~ in ~is cm~ FILE A COMPLAINT within t~y (20) da~ aft~ ~ing his ~TICE of A~EAL. S~ ~ ~t~y ~ ~ty PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (3'his 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 upo~ appellee). PRAECIPE: To Prothonotary Ente~ rule upon , appe#ee(s), to fill a complaint in this appe~ Name of appel~s) (Common Pleas No } within twenty (20) days after sorvice of rule or suffe~ entry of judgment of non pros. RULEs To , appdlle(s). Name (1) You am notified that a rule is hereby efltemd upon you to file a complaint in this appeal within twenty (20) days after the date of service of this role ufx~ 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. (3) The date of service of this rule if service was by mail is the date of mailing. Date: ,19 . COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DA YS 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. (date of service) receipt attached hereto, and upon the appellee, (name) , upon the District Justice designated therein on , [] by personal service [] by (certified) (registered) mail, sender's , on ,19 [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I served the Rule to Filea Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ,19 . [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ,19 Signature of affiant Signature of official before whom affidavit was made Tiffs of official My commission expires on COMMONWEALTH OF PENNSYLVANIA COUNTY OF:. CO~HRLA_ND Mag Dist No,: 09-1-01 DJ Name: Hon. CI'IIA%i~LES A. CLEMENT, dR. ~d,es,: 1106 C~RLISLE ROAD CA~P HILL, PA Telephone: (717) 761-4940 17011 H. DOUGLAS CLUCK, D.M.D. 1732 CUSHING GREENE CAMP HILL, PA 17011 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE. PLAINTIFF: NAME and ADDRESS 'rCLUCK, D.M.D., H. DOUGLAS, ET AL. ~ 1732 CUSHING GHEENE CAMP HILL, PA 17011 VS. DEFENDANT: NAME and ADDRESS FUBERS TIRE SALES & SERVICE CENTER ~ 1101 CARLISLE ROAD CAMP~HILL, PA 17011 Docket No.: CV-0000251-01. ,~~ Date F ed: 5/03/01 THIS IS TO NOTIFY YOU THAT: Judgment: ~ Judgment was entered for: (Name) ~-~ Judgment was entered against: (Name) in the amount of $ FOR PT.ATI~-~IFF I qg _~Q on: (Date of Judgment) ~] 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 $. [] Levy is stayed for days or [] generally stayed. (Date & Time) Amount of Judgment $. 100.22 Judgment Costs $. 75.50 Interest on Judgment $, .00 Attorney Fees $. .00 Total $. 175.72 Post Judgment Credit%.~ Post Judgment Costs C rtified Judgment~_~al Objection to levy has been filed and hearing will be held: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF J[IDGMEI~T BY FILING A NOTICE OF APPEAL W TH THE PROTHO.OTARY CLER OF THE COURT OF COMMO. MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCR~T FORM,~,Y-o~'~' ~" '~ NOTIc~,~F 'APPEAL. 9/~1/2001 Date ~ ~- ~-:~ ~ .: : ~ , Dstrct~stce ~ I cedify that this is a true and correct copy of the record of the proceeding~¢~marh~g the4udgm~t ~ Date *' (~ ~' :''' ;;;Di~i(ict Justice My commission expires first Monday of January, 2002 SEAL AOPC 315-99 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA H. DOUGLAS CLUCK, DMD, and : MELISSA SCOWCROFT, : Plaintiffs : UBERS TIRE SALES AND SERVICE CENTER, Defendant No. 01-5874 Civil Term : : Civil Action - 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 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 A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. I.D. # 22259 P.O. Box 314, 310 Third Street New Cumberland, PA 17070-0314 (717) 920-0170 FAX (717) 920-0171 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA H. DOUGLAS CLUCK, DMD, and : MELISSA SCOWCROFF, : Plaintiffs : vi. UBERS TIRE SALES AND SERVICE CENTER, Defendant No. 01-5874 Civil Term Civil Action - Law COMPLAINT And now comes the Plaintiff, H. Douglas Cluck, DMD, and Melissa Scowcroft, by and through their attorney, James L. McAneny, and file the following claim pursuant to their appeal from the judgment rendered by District Magistrate Thomas A. Placey: 1. The Plaimiff, Douglas M. Cluck, DMD, is an adult individual resident of the Commonwealth of Pennsylvania, duly licensed to practice dentistry, and who maintains that practice at an office located at 6406 Carlisle Pike, Mechanicsburg, PA 17055. 2. Plaintiff, Melissa Scowcroft, is an adult individual resident of the Commonwealth of Pannsylvania, residing at 226 Hartley Road, Hershey, PA 17033. 3. At all times material hereto, Plaintiff Scowcrot~ was employed by Dr. Cluck, her stepfather, and was the registered owner of a 1988 Buick LeSabre, VIN 1G4I-IR5437JH427023. 4. The Defendant, Ubers Tire Sales and Service Center (hereinafter "Ubers"), is a Pennsylvania business corporation doing business at 1101 Carlisle Road, Camp Hilt, PA 17011. 5. At all times material hereto, the Defendant represented itself and its agents, servants, and employees, as knowledgeable and skilled in the area of automotive mechanics and repair. 6. In early January, 2001, Plaintiff Scowcrof~ experienced problems with her vehicle, and had it towed it to Ubers for identification and repair of the problem. 7. Defendant Ubers determined the trouble to be a broken timing chain, and, on January 5, 2001, Ubers replaced the timing chain, and performed other related services. A true and correct copy of the Ubers invoice #23069, in the sum orS115.22, is attached hereto as Exhibit "A." That invoice was paid by Dr. Cluck. 8. Immediately afterwards, the engine made a loud banging noise, and the Defendant's agent stated that the engine was damaged. 9. On January 9, 2001, the vehicle was towed to M & S Service Center, 2 East Second Street, Hummelstown, PA 17036, where it was determined that the engine had been irreparably damaged due to the Defendant's failure to clean debris occasioned by the breaking and replacement of the timing chain from the oil pan. 10. The Plaintiffs are advised, believe, and therefore aver that examination and cleaning of the oil pan is a normal and appropriate part of the timing chain replacement procedure, together with the oil and filter change recommended and performed by Ubers as a necessary element of that repair. 1 I. As a direct and proximate result of the Defendant's negligence and failure to perform the necessary repairs in a good and workmanlike manner, in breach of the implied warranties of merchantability and fitness for a particular purpose, the Plaintiffs incurred the costs of replacing the engine, in the sum of $1,654.75. A true and correct copy of the invoice ofM & S Service Center, for that repair, is attached hereto as Exhibit 12. The Plaintiffs filed a civil complaint in Magisterial District Court No. 09- 1-01, on May 3, 2001, to recover on this claim, which action was transferred to District Court 09-3-04 for hearing and determination. 13. On September 11, 2001, judgment was entered thereon in favor of the Plaintiffs and against the Defendant in the sum of $175.72, representing reimbursement of Ubers repair bill plus court costs advanced by the Plaintiffs. A true and correct copy thereof is attached hereto as Exhibit "C." From that judgment, the Plaintiffs appealed. 11. The Plaintiffs remain unpaid for the expenses incurred for the replacement of the damaged engine, in the amount of $1,645.75, and demand payment of the same. The Defendant has tendered the sum of $175.72, which the Plaintiffs are holding against the eventual outcome of this appeal. WHEREFORE, the Plaintifs respectfully pray your Honorable Court to enter judgment in their favor and against the Defendant as set forth in this Complaint. Respectfully submitted, P.O. Box 314, 310 Third Street New Cumberland, PA 17070-0314 (717) 920-0170 FAX (717) 920-0171 Attorney for Plaintiffs UBERS TIRE SALES & AUTO SERVICE 110]. Carlisle Road CAMP HILL, PA 17011 (717) 761-2155 __.._~2j~ ....... 23069 THANK YOU Your Full Service Auto Center affronts Re~: 1003 Jdmuary 17, 2001 08:03 PM (717)-566-2336 (? '0s66-soz3 Fax S66-21S9 I G4HR5437JH427023 95369 ehtele: 1988 Buick l.~,~il~c V6-231 3,8L V1/q 3 SFI escrJpflon Part *~L~bor Rote Qty Ps~e~/Time Extended i~.~ USED MOTOR 1 750.00 750,00 Complete Assembly Wilh Tmnsfex of Pl~s (B) Labor 55.00 / ~ 1 12.80 704.00 Includes: Tnmsfi~ All Fuel And Electtie~ Units. Does Not Include: Tmufe~ Of Oj~iona] Equipment NOTE With AC, A~d (B) Labor 55.00 / ~r I 0.80 44.00 With Cruise Control, A~I (B) Labor 55.00 / ht 1 0.20 11.00 )W30 MOTOR OIL 5 1.95 9.75 ii Filtex, Oil Filter El~nent, (PF47) 25010792 I 6.34 6.34 Pr~e for gstimatin[ l'urlMn~ Only. ~OLANT 2 8.00 16,00 lop Supplies ! 20.00 20.00 Labor Totnl 779.00 Parm Total 782.09 Sub-Total 1561.09 Labor Tax 6.0% 46.74 Pm'ts Tax 00% 46.92 Tax Total 93.66 To(M S 1654.75 ~ereby accep~ the estimate nnd a~ree to the 1cms nnd ~onditions b. erein s~t forth and hercby authorize the se~ice and repair and/or stsllallo~ work to be done alon~ with the necessary nmterinls and hereby ~nt you and/or your employeespennission to operate veh/cle he.in described on s~eets, highways or elsewhere for the propose of testing or/mpection. You will not be h~ld ponsible for loss or d~ma~e ~o veh/ci¢ or ~:essories or articles left in vehicle in caseof fire, theft, vandalism, accident, or any came beyond your control. In the event legal action is necessa~ to enforce this conWact,l will pay reasonable anrtorney's fees d com, t cost. 11~IS l$ TO NOTIFY YOU THAT: Judgme~'- [~'~"~ Judgment wa~ entered 1or: ~ame ~ Jodgme~ ~s ente~ ~ai~t: ~a~l ~ This case dismissed without i~ejudioe [_'~j Amount of. J~dGmellt Subje~ to A~ch~ntlA~ 5 of 1996 $ ......... ~ ~W~s~y~for--~ daysor~ ~ ~je~n [o leW h~ ~en fi]~ and h D~-~ket No-: CV- 000035~" 01' 't (Date of Juclgmem) (Date & Time) _. ige~,-,dly stayed. adng will be heel: Amount of Judgment Judgment Cesta tntemst on Judgment Attorney Fees District Jusfloe 104 8. Spo~ting Hill ROad Mecham~burCl PA 17050 11/09 '0l 13:07 TX/RX N0.9620 P.002 VERIFICATION I, Melissa Seoweroff, Plaintiff named in the foregoing Complaim, do hereby affirm that the factual statements made therein are tree and correct to the best of my knowledge, information, and belief. I make this aff'ntmation subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: October 29, 2001 Me~'~ ~cowcroft -- CERTIFICATE OF SERVICE The undersigned hereby certifies that copies of the foregoing document were served by depositing the same in the United States Mail, First-Class postage prepaid, addressed as follows: Ubers Tire Sales and Service Cemer 1 I01 Carlisle Road Camp Hill, PA 17011 Date: October 30, 2001 ~-~s L. McAneny ~- H. DOUGLAS CLUCK, DMD and MELISSA SCOWCROFT, Plaintiffs UBERS TIRE SALES AND SERVICE CENTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5874 CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCF TO THE PROTHONOTARY: Please enter the appearance of THOMAS, THOMAS & HAFER, LLP as counsel on behalf of Defendant in the above-captioned matter. All papers may be served upon the undersigned at P.O. Box 999, Harrisburg, PA 17108-0999. THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire 305 North Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7632 I.D. No. 06776 A'I-rORNEYS FOR DEFENDANT CERTIFICATE OF SERVICE AND NOW, this ~ J day of November, 2001, I, C. KENT PRICE, ESQUIRE, for the firm of THOMAS, THOMAS & HAFER, LLP, attorneys for Defendant, hereby certify that I have this day served the within Pmecibe for Entry of Appearance by depositing a copy of the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: James L. McAneny, Esquire P.O. Box 314, 310 Third Street New Cumberland, PA 17070-0314 THOMAS, THOMAS & HAFER, LLP C. Kent Price, Esquire