HomeMy WebLinkAbout03-4080COMMON~fEALTH O~ PENNSYLVANIA
COURT OF COMMON PLEAS
JUDICIAL DISTRICT
NOTICE OF APPEAL
DISTRICT JUSTICE JUDGMENT
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Commo~ Pleas afl appeal from the judgment rendered by the District Justice afl the
dah~ and in the case mentlafled below.
will ~ ~ O~W ~n thi~ ~ i~ ~ui~ u~ ~ R ~. ~ It ~ll~t ~ ~LAIMA~T (~ ~. ~.G.P.d.~.
~ of A~I, ~ ~ ~ t~ Dis~ict Jus~e, will ~ as a l~l(6)in~ti~e~s~ctJ~tice, he~ST
~PERSE~AS ~ ~ j~t ~ ~sses~ in ~is cm~ FILE A COMPLAINT within t~y (20) d~
filing his ~TICE of A~EAL.
S~a~ of ~t~y ~ ~ty
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of fo¢m ~o be used ONLY when apl~llant 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
Enter mi, upafl ~1~,./%4~,~ I '~-,A ~1 ~, M I ~ ~', ~-~ ~-I.J.,¥ ~). '~U ~'~r~lee(s), to file a complaint in this appeal
Name of appelle~fs)
(Commo~ Pleas N~ ~-~.~ ~ /-'//C.) ~ ~) ) within twe~y (20) days after service of rule or suffer et~h'y of judgment of non pros.
(1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days aftra the date of
service of IfPs rule upon you by personal service or by cettlfled or registered mail
(2) If you do not file a compiaint w~hln 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 RULETO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFl'ER 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 Just ce designated there n on
[] (date of service) ...... ...... -~ii~ 6y ~on~i'~-~:~,ice [] by certified) (registered) mail sender's
receipt attached hereto, and upon the appellee, (name) on
[] 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 of Appeal upon the appellee(s) to whom
the Rule was addressed on [] by personal servce [] by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS ..... DAY OF
Signature o! afliant
%itle o! o#ic/a!
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF:
09-3-04
THOMA~ A. PL~ACEY
Address: 104 8. SPORTING HILL RD.
MECHANI CSBURG, PA
lelephone~ (717) 761-8230 17050
COTTMANTRANSMISSION
3600 CARLISLE PIKE
CAMP HILL, PA 17011
THIS IS TO NOTIFY YOU THAT:
Judgment:
[]Judgment was entered for: (Name)
~] Judgment was entered against: (Name)
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAMEandADDRESS
rBUMBAUGH, KELLY J ~
2601 CENTRE ROAD
NEWPORT, PA 17074
VS.
DEFENDANT: NAME and ADDRESS
~COTTMAN TP, ANSMISSION ~
3600 CARLISLE PIKE
CAMP HILL, PA 17011
Docket No.: CV- 0000262- 03
Date Fled: 5/20/03
FOI~ PT,ATNTIFF
RI]M~AIT~W, K'RT,T,Y ,T
~TT~AN TR AN.qMT ~ g TON
in the amount of $
92q. 04 on:
(Date of Judgment)
] Defendants are jointly and severally liable.
] Damages will be assessed on:
F-~ This case prejudice.
dismissed
without
[~3 Amount of Judgment Subject to
Attachment/42 Pa.C.S. § 8127 $
E~ Portion of dudgment for physical
damages arising out of residential
lease $
(Date & Time)
Amount of Judgment $ 849.54
Judgment Costs $ 79.50
Interest on Judgment $ o O0
Attorney Fees $ . O0
Total $ 929 o 04
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 COURT OF COMMON PLEA~ CIVIL DIVISION. YOU
MUST INCLUDE A COPY 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 JUDGMENT HOLDER
ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEB'rq,B ~YS IN FULL SETTLES
OR OTHERWISE COMPLIES WITH THE JUDGMENT. ,,
~ ,,-', ,~ ~//,, ~ "..
4t(~[IG 03 Date ~ -0.'~ ',, , District~u~ice
/
1t ~ 03 Date '""'- /. ~ ' , Otctrict Justice
My commission expires first Monday of January, 2304 . SEAL
AOPC315-03 DATE PRINTED: 8/04/03 10:16:36 AM
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 o,_ ~_~ ~ ;ss
AFFIDAVIT: I hereby swear or affirm that I served
[~.a copy of the Notice of Appeal, Common Pleas No, ~,
(date ofservice)_~ ~.,~ - o._~ .. upon the District Justice designated therein on
rec_eipt attached hereto, ~l-~'p~n i~e-~'~'Jl~ _~,~_, ,[~_,b,y p. ers,onal ~!rvice [] by (ce[tiffed)(registered) mail senders
~ .. ~_~ ~, .... 7'" , r ~/-.,~-~_'.z' ._ ·. ~r-;.~.. _f~,_..~ ~ '
LJ y personaJ service [] by (certified) (registered) mail, sender's receipt attached h~reto.
J'[:q and further that J served the Rue to FiFe a Complaint accompanying the above Notice of Appeal
the Rule was addressed on ~.~.:~ .~ _ , ~, :~ [ upon the appellee(s) to whom
mail, sender'sreceJptattached~'r~o. [] ypersonaJservice ~ by (certified) (registered)
SWORN (AFFIRMED)AND SUBSCRIBED BEFORE ME
THIS ,~,a[~.'~ ___ DAY OF
Signature of affiant
w~ m~e I NOTARIAL SEAL
JODY S, SMITH, NOTARY PUBLIC
Cerll,.le Soro, Cumberland County
NOTICE OF APPEAL
QMMONWEALTH OF PENNSYLVANIA
JUD4CIAL DISTRICT DISTRICT JUSTICE JUDGMENT
COMMON PLEAS N ~ ~ ~.~.~ q.~
NOTICE OF APPEAL
~fice is gi~ ~ ~ ~bnt ~s find in t~ a~e Court of C~ ~s an a~l f~ ~ ju~ m~d
1,~c. w, -~.- 1001(6) in
~ ~ of A~I, w~ ~ei~ ~ t~ ~s~ ~stice, will ~K~ ~ a
~P~SE~AS ~ ~ j~t ~ ~s~ in th~ case FILE A OOMPLAINT within t~ (20) d8~ 8Her
filing h~ ~TIOE o? A~AL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of Ion. to be used ONLY when aRoellent was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action belore District Justice.
IF NOT USED, ~elach from copy of notice of appeal to be served upon al~ellee).
/bme'o~ e,~e~ee~st
) within twenty (20} days after service of rule or suffer entry of judgment of non pros.
RULEz To ~/'~,j y J. ,~,~l>^~'.kaz., ~ ., appellee(s).
(1) You am notified that o rule is hereby entered upon you to file a complaint in this apl:mai within twenty (20) days after the dote 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.
(3) The date of service of this rule if service was by mail is the date of mailing.
COURT FILE
AOPC 312-90
Fee)
KELLY BUMBAUGH
Plaintiff
VS.
COTTMAN TRANSMISSION
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION-LAW
: NO. 03-4080
CIVIL TERM
C~P~NT
KELLY BUMBAUGH, Plaintiff, respectfully represents:
1. The Plaintiff is KELLY BUMBAUGH, who currently resides at 2601
Centre Road, Newport, Perry County, Pennsylvania.
2. The Defendant is COTI'MAN TRANSMISSION, where business
resides at 3600 Carlisle P~e, Camp Hill, Cumberland County, Pennsylvania.
3. The Plaintiff had vehicle repairs done by the Defendant on September
20"' that were unsatisfactory regarding the original diagnosis.
4. The Defendants business did not repair the part that was defective in
the Plaintiff's 1996 Ford Explorer.
5. The Plaintiff paid cash for the service and realized only five minutes
from the Defendant's business that the part was not repaired.
6. When the Plaintiff attempted to have the original defect repaired the
Defendant gave an inflated estimate on the cost of the repair. Plaintiff was
informed that the repair was not covered by the full warranty.
7. When the Plaintiff requested a refund of the repair charge, she was
mocked and belittled by the business manager stating any lawsuit would be
frivolous.
8. The Plaintiff has had the repairs completed by a third party and is
requesting compensation for any repairs that were not completed by the
Defendant as well as all repairs that were done unnecessarily to her vehicle.
THEREFORE, Plaintiff requests the Court to enter judgment on her
behalf.
KELLY BUMBAUGH
Plaintiff
£
Ke~j Brurntta~h, Pla~tl{f/
2601 Centre'Road
Newport, PA 17074
(717)567-7106
VERIFICATION
I, the undersigned, hereby verify that the statements made herein are tree and
correct. I understand that false statements herein are made s-abject to the penalties of
18 Pa. C.S. - 4904, related to unswom falsification to authorities.
Date:
KELLY BUMBAUGH
Plaintiff
VS.
COTTMAN TRANSMISION
Defendant
:IN THE COUR'f OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:CIVIL ACTION-LAW
:NO. 03-4080
CIVIL TERM
ANSWER
COTTMAN TRANSMISSION, Defendant, respectfully represents:
On, September 17th, 2002 Ms. Bumbaugh brought her vehicle to our shop. Her stated complaint,
as noted in the comments section of our repair order was the vehicle was "slipping and delays".
After performing our diagnostics we noted that the 2-3 shift and the 3-4 shift were not working
properly. We also noted excessive contamination inside of the transmission pan and the fluid was
burnt. These three conditions justified a removal of the transmission for internal inspection. Ms.
Bumbaugh authorized this on September 17~h at 6:00 pm as noted on the repair order. The
transmission was removed and found to be in need of repair. We presented Ms. Bumbaugh with
two repair options. She authorized a repair on September 20th at 12:00, as noted on our repair
order. After completing the repair, the vehicle is test driven as is customary. The only issue we
found was a humming noise coming from the tires. The tires were "cupped" and in need of
replacement. This was noted on our repair order also.
Ms. Bumbaugh called us and stated she was still'having a problem. We told her to bring us the
vehicle so we could re-check it. She proceeded to drive the vehicJe home and take it to her local
mechanic who diagnosed it as a transmission issue. When she brought the vehicle back to us we
determined that the transmission was operating properly, but the transfer case was not. After
testing the both the mechanical operation of the transfer case and its electronic motor, it was
determined that the transfer case was operating properly, but the electric motor was not. We
estimated the repair at about $400.00 parts and labor for a new motor. If Ms. Bumbaugh wanted
us to do the work we would "firm" up that price with our parts supplier.
She took her vehicle to her local mechanic who installed a used transfer case and motor. This did
correct her transfer case issue because the used transfer case came with its own motor. It is or
contention that Ms. Bumbaugh did not need a complete unit at a cost of $849.54, but only a
motor.
We had performed the repair, which we were contracted for. It is possible that Ms. Bumbaugh
had other issues with her vehicle. This must be true since the replacement of the transfer case
and motor have solved al of her driveline complaints.
THEREFORE, Defendant requests the court to enter judgment on their behalf,
COTTMAN TRANSMISSION
Defendant
C to.an Transmission
3600 Carlisle Pike
Camp Hill, PA 17011
(717) 763-1351