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Home My WebLink About03-2082f4OMMOI4~fEALTH OF PENNSYLVANIA COURT OF CCM4MC)N PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON PLEAS NOTICE OF APPEAL F:,I,~ ~'/o~/0.~ Notice is given that the al~)ellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the I~strict Justice an the date and in the case mentioned below. 1008B~ Th/s Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this cas,- Signature of Prothonotary or Deputy If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1 O01 (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 focrn 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). PRAECIPE: To Prothonotary Ente~' rule upon (Canvnon Pleas N~ Name of al~V~fs) , appellee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To Name of a~pe#ee(s ) (1) You am noti~l that a rule is hereby entered upon you to file o complaint in this apped 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 coml:daint 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. AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT COMI~ON WEALTH OF PENNSYLVANIA COUNTY OF ..................................................... AFFIDAVIT: I hereby swear of affirm fl"a! i served ~pon tr~e D~strict Justice designated therein on [3 ~ c,u¢:, ........ ~::] ~;y persona~ se~ce ~ by (ceffified) (registered) mail, sender s ~O~te of se~wce) on ~ece~pt attached qeret~, and ~pon the ~ppe'4e F~bt;~E~ ..................... , 20 [3 by personat scm;ce ~3 by (certified)uegistered) mail sender's receipt a~ached hereto D and fuaher that I served the Ru~e h~ k ~e a C,:xrp~amt :~:-;o'npanv ag the above Noti~ ol Apoeat Lipot-~ the appellee(s) to whom 20 ..... ~ by persona~ sen~ice ~ by (certified) (registered) the Rute was addressed on ma~h sender's ~ec~p~ ,attached f'~ et) SWORN (AFF RMED) AND SLJBSCRIBED BEFO~:~E f,,~E My commission expires on '"- COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CO~B~ Mag. DiSL No.: 09 - 3 - 05 DJ Name: Non. C~Y~.~ A. ~L~ *~": 507' N. ~O~ ~. ' ~~~B~O, PA ~,~*~: (717) 766'4575 HOFF~AMV 14]ECHANICAL, ~NC 3 lCBYSTONB DP. ZVE ~E~C~BURO, PA 17050 17055 3 I~YSTONE D~ LKBCH4M~CSBURG, PA 17050 VS. DEFENDANT/JUDGMENT C~]~ laT, x~O~Rr=Ss 313 S. ~ ST ~~~B~G, PA 17055 NOTICE OF JUDGMENT/TRANSCRIPT THIS IS. TO NOTIFY YOU THAT: .... Judgment: ' FOR D~a~Z' ~'] Judgment was entered for: (Name) ~a~l~w. ~ 'r~ ~-~a~ - r~D [~ Judgment was entered against:- (Name) Rn~a~ ~,m~=,~T~.aT.: 'r~ in the amount of $ _ n~ on: (Date of Judgm~t) ~ Defe~ants are jointly a~ severally li~le, ['Ooc~tNo,:CV-O000034-031~ O~e Rled: 2/07/03 r'--~ Damages will be assessed on: [~ This case dismissed without prejudice. (Date&Time). Amount of Judgment Subject to Attachment/Act 5 of 1996 $ Amount of Judgment $ .0O Judgment Costs $_ .00 Interest on Judgment $ .00 Attorney Fees $ . Of Total $ . O( Post Judgment Credits $_ Posl Judgment Costs $ Certif.ied Judgment Total $, _1 - -- ANY PARTY NAS TH ERIGNT TO APPEAL WITHIN 30 DAYS AFTER.THE ENTRY OF JUDGMEIT[ BY-FlUNG A NOTICE OF APPEAL wrrH THE PROTHONOTARY/CLERK OF THE COURTOF COMMON PLEAS, CIVIL DIVISIOHi YOU ~ MU~T INCLUDE A CO~Y OF THIS NOTICE OF JUDGMENT/TRANSCRiPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES,. IF THE JUDOMENT HOLDER- ELECTS TO ENTER THE JUDGMENT IN T~IE COuRT'OF COMMON PLEAS, ALL FURTHER PRocESS MUST COME FROM THE COURT . OF COMMON PLEAS AND ND.FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE: UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMOI~ PLEAS, ANYONE INTERESTED IN ]TIE JUDGMEMT MAY FILE :. n REQUEST FOR ENTRY O.F SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL-, SETTLES :- -' .. OR OTHERWISE COMPLIES WITH THE' jUDGMENT .... .: - ' t-' y :hat this ';::rue and correct e°P' °' the rec°~ °' the'pr°ceed'ngs C°"tamlng 'h~, ~::~ My commission expires first Monday of January, 2006 . SEAL AOPC 315-03 E'd St09 OG~ ~1~ °Ul Ieo~ueqoeN uemj~oH dE~:I0 ~O ~I PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT I Th'~s ,[;~o('J c;f ~-;~;rv'x:'e ML;~.~ T ~E! ;":/L~!;) W TH, N ;'EN I i0) DX, !'~ AF::TEtR filip, g ttie nohce of appeal Che,:;k ;~]ppl~,c~:~b/e bo~es~ COMMON WEALTH OF PENNSYLVAN}A AFFIDAVIT: i hereby swear of affirm thai served ~ a copt, o~ the Notice of A~peai Comm,,;.n F'~eas No ~ ~ ~.o ~ ~ ~ upon the D~s~r~ct Justice designated therein on ' ']~ ~ '~ .......... 20 0 ~ 3 by [>e'sona: s%,~c~ ~(certified) (registered) maii, sender s receipt a~ached hereto, L] and fudher tha~ I served the Ru~e to F~¢e a Cemp~a~nt accompanying the above Notice of Appeal upofl the appellee(s) to whom 20~., ~ by personal sen~ice ~ by (cedified) (registered) the Rule was addressed on ma~i, senders ~ec~ipt attached My corem ss on ~,xp~fes Postage $ t8.37 Postage ~.~ ~o~.~"~ Return Receipt Fee ~2.67 71 *~,,,o,,,r~,o~,,~,,,,,,,~,,,r, .... ~ ~ ~ ~ ~ [ .......... ~.~:...~..~/~.....12.:.....~.~.~.~ .................... I ~o.;or~O.¢~o. ' 2 L:L~:~-f:f-~::-~;~-7 ..... ~.:...~¢~....~.Z. ......... ~ ........... I ~~ · COMMONWEALTH ~ PENNSYLVANIA COURT OF COMMON PLEAS JUOtCIAL DISTRICT NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON PLEAS N& NOTICE OF APPEAL F, Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the ~udgment rendered by the District Justice en the dote and in the case mmtiomd bek~ lq I~E CASe Of CV20 o~ooo ~q -- O~ LT 20 This _.h~__k wA be s~--~-~ ONLY ~ this no.rrna is required under PcL R.C.PJJ). NG 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this cas,, Oq'- 3--aj-- OTY STATE ZP CO0~ c c t ? $ignalure of t:9o#mrm~y or De~ty If appellant was CLAIMANT (see Pa. R.C.P~J.P. No. 1001 (6) in oction before Distn'ct 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 copy of notice of appeal to be served upon appellee). PRAECIPE: To pro~,o~y Enter rule upon N~me o/~ae#ee(s) , appe#ee(s), to file a complaint in this appeal ) within twenty (20) days after service of rule or suffer entry of judgment of non pros, RULE: To N~ne oi. al~Mtm(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 mo[ (2) ff you do not file a comp~nt within this time, a JUDG4~NT OF NON PROS WILL lie ENTERED AC-~INST YOU. (3) The date of service of this rule if service wes by mail is the date of malinG Date: ,20 . AOPC 312-90 COURT FILE MARLIN R. McCALEB HOFFMAN MECHANICAL, INC., Plaintiff V. RAKESTRAW'S ICE CREAM, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2082 Civil : CIVIL ACTION - D~.FEI~'DA/~T' S ANSW'm.R, ~ ~ATTER ~ COD-NTERCLAIM ANSWER AND NOW comes the Defendant herein, by and through its attorney, Marlin R. McCaleb, Esquire, and sets forth the following Answer to Plaintiff's Complaint: 1. Admitted. 2. Denied as stated. Defendant is in fact LTD ASSOCIATES, INC., a Pennsylvania corporation trading and doing business under the registered fictitious name of: "RAKESTRAW'S ICE CREAM CO. STORE". 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted that the total of the invoices described in Paragraphs 4, 5 and 6 is $2,604.85. Defendant specifically denies that it owes said sum, or any part thereof, to Plaintiff for the reasons more fully set forth in Defendant's New Matter, below, the averments of which are incorporated herein and made a part hereof by reference thereto. 8. Admitted, for the reasons more fully set forth in Defendant's New Matter, below, the averments of which are incorporated herein and made a part hereof by reference thereto. 9. Defendant specifically denies that it agreed to any prices. To the contrary, Plaintiff did not quote any prices or charges to Defendant before commencing work, so there was nothing for Defendant to agree to. By way of further answer and defense, Plaintiff's invoices state only a lump sum, not individual prices or charges, so that Defendant is unable to determine whether individual prices are normal for the work involved. In any event, Plaintiff's charges are not just and reasonable in this case for the reasons more fully set forth in Defendant's New Matter, below, the averments of which are incorporated herein and made a part hereof by reference thereto. 10. Admitted, for the reasons more fully set forth in Defendant's New Matter, below, the averments of which are incorporated herein and made a part hereof by reference thereto. 11. Admitted, for the reasons more fully set forth in Defendant's New Matter, below, the averments of which are incorporated herein and made a part hereof by reference thereto. 12. Defendant specifically denies that it owes any interest to Plaintiff, for the reasons more fully set forth in Defendant's New Matter, below, the averments of which are MARLIN R. ~vlcCALEB -2- incorporated herein and made a part hereof by reference thereto. 13. Defendant specifically denies that it owes any sum to Plaintiff, for the reasons more fully set forth in Defendant's New Matter, below, the averments of which are incorporated herein and made a part hereof by reference thereto. Furthermore, Plaintiff fails to set forth or aver any agreement or contract between the parties for the Defendant to pay service charges or attorneys fees and costs and Plaintiff is therefore not entitled to recover same. 14. Defendant specifically denies that Plaintiff performed in good faith or according to the true intent and meaning of the parties, for the reasons more fully set forth in Defendant's New Matter, below, the averments of which are incorporated herein and made a part hereof by reference thereto. WHEREFORE, Defendant respectfully requests your Honorable Court to enter judgment against the Plaintiff and in favor of the Defendant on Plaintiff's Complaint. NEW MATTER 15. The work and services described in Paragraph 3 of Plaintiff's Complaint followed Plaintiff's previous efforts to repair the same freezer system just a couple of weeks earlier. 16. Plaintiff's technician returned to Defendant's store, examined the freezer system again, replaced various parts and MARLIN R. McCA[E8 -3- eventually diagnosed the problem as a bad or defective compressor. 17. Plaintiff ordered a new compressor to replace the defective unit, but Plaintiff's technician, after several days of attempted installation, was unable to make it operational. 18. Plaintiff brought in a second technician to examine Defendant's freezer system and the second technician, after several minutes of diagnostic tests, concluded that the new compressor was also bad or defective. 19. Plaintiff again ordered a new compressor and Plaintiff's technician again attempted to install it, but when he was unable to make it operational after a full day of attempted installation, Defendant instructed him to leave Defendant's premises and not return. 20. Defendant thereafter hired Noll's Refrigeration ("Noll") to repair Defendant's freezer system. 21. Noll examined the freezer system and quickly determined that the compressor described in Paragraph 19, above, was inoperable because its wiring had burned up. 22. Defendant believes and therefore avers that Plaintiff's technician failed to repair Defendant's freezer system or to install the new compressors in a good and workmanlike manner because he continually burned up the wiring in each compressor during installation, thereby rendering each unit inoperable. LAW OFFICES MARLIN R. McCALEB _.~ WHEREFORE, Defendant respectfully requests your Honorable Court to enter judgment against the Plaintiff and in favor of the Defendant on Plaintiff's Complaint. COUNTERCLAIM 23. The averments of Paragraphs 1 through 22, inclusive, above, are adopted herein and made a part hereof by reference thereto. 24. failure As the direct and proximate result of Plaintiff's to perform in a good and workmanlike manner, Defendant was obligated to, and did, pay to Noll the sum of $465.20 to replace the compressor described in Paragraphs 19 and 21, above, and install a new one in order to make Defendant's freezer system operable, a true copy of Noll's invoice being attached hereto and made a part hereof, marked Exhibit "A". 25. As the direct and proximate result of Plaintiff's failure to perform in a good and workmanlike manner, Defendant was obligated to, and did, pay to United Refrigeration, Inc., the sum of $250.00 for the burned-out compressor described in Paragraphs 19 and 21, above, which Plaintiff's technician burned out during his defective installation, a true copy of United's invoice being attached hereto and made a part hereof, marked Exhibit "B". WHEREFORE, Defendant demands judgment in its favor and against the Plaintiff herein in the amount of $715.20, together MARLIN R. McCA[EB _5_ with interest and costs of suit. Marlin R. McCaleb Attorney I.D. No. 06353 219 East Main Street P.O. Box 230 Mechanicsburg, Pennsylvania 17055 (717) 691-7770 FAX: (717) 691-7772 Attorney for Defendant MARLIN R. McCALEB ----0 VERIFICATION LEE R. SEITZ hereby certifies and states as follows: that I am the President of LTD Associates, Inc., a Pennsylvania corporation, the Defendant in the foregoing Defendant's Answer, New Matter and Counterclaim; that as such President I am authorized to and do make this verification for and on behalf of said Defendant; that the facts set forth in the foregoing Answer are true and correct to the best of my knowledge, information and belief; and I understand that false statements herein are made subject to the penalties of 18 PaoC.S., Section 4904, relating t~ unsworn falsificati.~~/~~ Date: June ~ 2003 ,~/ ~ -- ~[ Lee R. Seitz [ MARLIN R. McCALEB - 7- ~Adams NC2581 SIGNATURE ALL CLAIMS AND RETURNED GOODS MUST BE ACCOMPANIED BY THIS BILL. GENERAL PURPOSE EXHIBIT "A" UNITED REFRIGERI:iTIOn Inc. WHOLESALE DISTRIBUTORS REFRIGERATION - AIR CONDITIONING HEATING SUPPLIES & EQUIPMENT i:',a~.~ e A C K N 0 &~ L E D G E M E N T Mechar, icsbu?-~ PA 17850 ,.'LL TED: SH:[ P TO: Zl~ SOUTH MARKET STREET ~iechmnicsburg Mechanicsbur. g ~ PP, 17050 Specia! instruct ions: nip Via~ PiCK-UP Request Date: 10/15/02 Ship Date: Terms: ** COD ~* [ne P~oduct Quantity Quantity Quantity Qty Unit Net ~ And Description Ordered B.O. Shipped Um Price Price THIS INVOICE-IS FOR CCOPELA~D COMPRESSOR WHI(%H COPELAND DENIED CREDIT. MODEL~KATBOiSECAV SERIAL.~OI~60iG2R THANKS TON I MISC ~ 0 ~ ua 235.85000 235.85 MISCELLANEOUS MATERIAL PHi OX5 ? i Lines ' ' Fe~a=. r:*;-v Sh~no~ Total i Total 235.85 Taxes 14.15 invoice Total 250,00 ** NOT AN INVOICE OR RECEIPT ~* ~st Page MAIN OFFICE & WAREHOUSE: 11401 ROOSEVELT BLVD. PHONE: (215) 698-9100 EXHIBIT "B" PHILA., PA 19154 MARLIN R. McCALEB CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the within Defendant's ~swer, New Matter and Counterclaim was served upon the Plaintiff herein, or its attorney, on June 10, 2003, by depositing same in the mail at the United States Post Office at Mechanicsburg, Pennsylvania, postage prepaid, properly addressed as follows: Emily Long Hoffman, Esquire 105 North Front Street P.O. Box 11475 Harrisburg, PA 1710 Marlin R McCaleb, Esquire