HomeMy WebLinkAbout03-5031COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL
COURT OF COMMON PLEAS
FROM
JUDICIAL DISTRICT 9' a - D j
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No 0 3 • 56 3 ) C''J
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment Tendered by the District Justice an the
date and in the case mentioned below
OF APPELLANT
. 4--7TT7-hA,J 'PC'?s>>n f S atC7-?
ADDRESS OF APPELLANT
DATE OF 10DGW04T N THE CASE
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car ?G3 S T S v
CLAIM NG
IT
This block will be signed ONLY when this notation is required under Pa. R. .P. No
1008&
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case
MAG DRT. No OR NAME OF DA
G°I - S-4)Li
CRY STATE 2P CODE
,5 tA,, .p L tom) t ?o L t
SIONATLRE OF APPELL NT CR IAA «NE?Y OAR AkGENT A`--t to t' c?•?
signature of Prothonotary or Deputy
If appellvar was CLAIMANT (see Pa. RC.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.
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 Prothonotary
Enter rule upon 14, 1 T44 K-i • appellee(s), to file a complaint in this appeal
Name o/ appellee(s)
(Common Pleas Na ) within twenty (20) days after service of rule or suffer entry of judgment of non pox
V-".
Siw ante of 4wea" or Ne etiww or agent
RULE: To ITLI liv _ d 1-ILovrf' oppellee(s). ?PSE(nF S. XIIJLGI?
Name of appMJee(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.
(3) The date of service of this rule if service was by mail is the date of mailing.
Date: X/,??9 ne 2... z Q 'rn? SiViatura, of Pauxinaary r
aw*
kaefa?xj
AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mag. Diet No.'.
09-3-04
DJ Name: Hon.
THOMAS A. PLACEY
Addraes: 104 S. SPORTING HILL RD.
MECHANICSBURG, PA
Telephone: (717) 761-8230 17050
COTTMAN TRANSMISSION
3600 CARLISLE PIKE
CAMP HILL, PA 17011
THIS IS TO NOTIFY YOU THAT:
Judgment:
Judgment was entered for:
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF:
rRHODES, NAME and ADDRESS
LCDR, USN, KEITH W
1222 BLOSSOM TERRACE
BOILING SPRINGS, PA 17007
L
VS.
DEFENDANT: NAME and ADDRESS
FCOTTMAN TRANSMISSION
3600 CARLISLE PIKE
CAMP HILL, PA 17011
L
DocketNo.: CV-0000258-03
Date Filed: 5/16/03
FOR PT.ATNTIFF
(Name) R140PRIR, T.c.nR, TTRN, WRTTH W
0 Judgment was entered against: (Name) COTTMAN TRANSMTSBTON
in the amount of $ 41719.9111 on: (Date of Judgment)
0 Defendants are jointly and severally liable.
F1 Damages will be assessed on:
r
This case dismissed without prejudice.
Amount of Judgment Subject to
Attachment/42 Pa.C.S. § 8127 $
F7Portion of Judgment for physical
damages arising out of residential
lease $
(Date & Time)
9/OA/n9
Amount of Judgment $ 330.00
Judgment Costs $ 79.50
Interest on Judgment $ • 00
Attorney Fees $ .00
Total $ 409.50
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 PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTrrRANSCRIPT 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 DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT. -
y Date w District Justice
I certify that this is a true a corre a =cord of the prc ings containing the judgment.
9? 8? 03 Date District Justice
My commission expires first Monday of January, 2([104. SEAL
AOPC 315-03 DATE PRINTED: 9/08/0`3 2:29:53 PM
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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
.r SS
COUNTY OF 'al
AFFIDAVIT: I hereby swear or affirm that I served , t
® a copy of the Notice of Appeal, Common Pleas No. -l- upon the District Justice designated
mail, 's of service) -9 , Z-5! _ , ® py persona service by )certified) (registered) ma, senderr'
recut attached hereto, and upon?the appellee, (name) ._ ltd (_F}a'? r'`" ---- - - -- on
1 JZ K?? El by personal service IX 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 _-. - -- C] by personal service ? by (certified) (registered)
mail, sender's receipt attached hereto,
SWORN QAFFIRMED) AND S SCRIBED BEFORE ME
THIS .-`? DAY OFa tom/ _
i _
i OTA I S
iA a I
d' le or Um r nd oun y
D' ssio iC42005
MY
A?Ie h(
commission exp °es en
Item 4 If Restncreo U 1h y w
¦ Print your name and address on the reverse
so that we can return the card to YOU-
w Attach this card to the heck of the mailPlece,
, m the front H space PernlItS•
1. Article Addolsed W.
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- ? Signature of aKianf
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17 Rehm Reaekpt for Merchandise
PS Form 3811, August 2001
2•A 7003 1010 0004 7317 5922
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COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL
FROM
JUDICIAL DISTRICT 9. -?
DISTRICT JUSTICE JUDGMENT
NOTICE OF APPEAL
Notice is given that the appellant 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
-re'a'jsy/k IssIn.J
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COMMON PLEAS Ne \..?n-f' "'rtw
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9-
A 11n_ ..?
I' j; . - w 31911PIDa WNLT when this notation is required under Pa. R
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case
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
Signature of Prothoootary or Deputy I filing his NOTICE of APPEAL.
_ _ _?- ??.... -?u.?• f7??V RVLa IV rILC i
(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 aooelleel.
PRAECIPEt To Prothonotary
Enter rule upon
(Common Pleas No..
appeneefsl
appeHee(s), to file a. Complaint in this appeal
within twenty (20) days offer servic of rule ar suffer entry of
judgment of ran pros.
A
swm- or AweAwd?q nis allaney or agent
RULE: To nal Vv ptm"S) oppellee(s). Jo ?«f 5. M Are-1:1
nle?ne a ervexeers/
(1) YOU are service of this rule upon that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the dote of
Pan you by personal service or by certified or registered mail
(2) If you do rat 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
Dater o7c3 U `>tit<.eo '
st a"pf y or Deputy
AOPC 312-90 COURT FILE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KEITH W. RHODES, No. 2003-5031
Plaintiff
V.
CIVIL ACTION - LAW
J. MARCIN ENTERPRISES, LLC,
t/d/b/a COTTMAN TRANSMISSION CENTER,
Defendant JURY TRIAL DEMANDED
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 YOURLAWYERAT ONCE. IFYOU 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
Lawyer Referral Service
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
NOTICIA
Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado
y archivar en la torte en forma escrita sus defensas o sus objeciones a las demandas en contra de su
persona. Sea avisado que si usted nose defiende, la torte tomara medidas y puede entrar una orden
contra usted sin previo aviso o notificacion ypor cualguier queja e alivio que es pedido en la petition
de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted.
LLEVE ESTA DEMANDAA UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO,
VAYA EN PERSONAL 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
Lawyer Referral Service
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
HANFT & KNIGHT, P.C.
Michael J. Hanft, Esquire
Attorney ID No. 57976
Gregory H. Knight, Esquire
Attorney ID No. 30622
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013-9142
(717) 249-5373
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KEITH W. RHODES, No. 2003-5031
Plaintiff
V.
CIVIL ACTION - LAW
J. MARCIN ENTERPRISES, LLC,
t/d/b/a COTTMAN TRANSMISSION CENTER,
Defendant JURY TRIAL DEMANDED
COMPLAINT
AND NOW, this 141 day ofOctober, 2003, comes Plaintiff; Keith W. Rhodes, by and through
his counsel, Michael J. Hanft, Esquire, of Hanft and Knight, P.C., and files the following Complaint, and
in support thereof avers as follows:
Plaintiff, Keith W. Rhodes, is an adult individual residing at 1222 Blossom Terrace, Boiling
Springs, Cumberland County, Pennsylvania 17007.
2. Defendant, J. Marcin Enterprises, LLC, (hereinafter "J. Marcin Enterprises")is a
Pennsylvania limited liability company with its registered office at 2907 Glenwood Road, Camp Hill,
Cumberland County, Pennsylvania.
3. At all times relevant hereto, J. Marcin Enterprises owned and operated the Cottman
Transmission Center at 3600 Carlisle Pike, Camp Hill, Cumberland County, Pennsylvania.
6. Prior to March 25, 2003, Plaintiff's Laredo experienced partial transmission failure.
The symptoms of the partial transmission failure, referenced in Paragraph 6 above,
as discovered by Plaintiff, were that the transmission stopped shifting automatically and would
manually operate in second and third gear with some slippage.
8. Plaintiff was unable to fully diagnose the transmission failure because he did not
have the necessary equipment to diagnose electronic problems of transmission systems.
9. On March 25, 2003, Plaintiff brought the Laredo to Defendant for diagnosis of the
transmission problem.
10. An employee of Defendant filled out a Service Order Number 034974 ("the Service
Order"), which served as a checklist and report for the transmission check performed by Defendant.
A copy of the Service Order is attached hereto as Exhibit "A".
11. The transmission check performed by Defendant revealed a partial transmission
failure as described in Paragraph 6, along with a suspected transfer case leak.
12. Plaintiff requested that Defendant perform a computer/electronics diagnostic.
13. According to the Service Order, Defendant did not perform a computer/electronics
diagnostic.
14. Defendant's employee indicated to Plaintiff that the electronics were functioning
properly on the transmission system of the Laredo.
15. Defendant's employees orally recommended to Plaintiff that the transmission of the
Laredo be rebuilt.
16. Based upon reliance on the transmission check and recommendation of Defendant,
Plaintiff ordered and installed a re-manufactured transmission.
17. The cost for the transmission and necessary contiguous components that were
installed on the Laredo was Two Thousand One Hundred Sixty-Seven and 48/100 ($2,167.48)
Dollars.
18. Upon completion of the work, Plaintiff discovered that the transmission suffered the
same symptoms as described in Paragraph 6, less the slippage.
19. Therefore, Plaintiff was convinced that there remained an electronic problem with
the transmission system of the Laredo.
20. Plaintiff discovered a blown fuse in the Laredo that served to power the transmission
control unit and diagnostics.
21. Plaintiff replaced the fuse, which resolved the transmission failure.
22. A properly performed computer/electronics diagnostic by Defendant would have led
to the discovery of the blown fuse in the Laredo prior to Plaintiff's expenses to repair the
transmission.
23. Plaintiff would not have incurred the expenses referred to in Paragraph 17 if
Defendant's employees had not incorrectly informed Plaintiff that the electronics of the Laredo were
functioning properly.
24. Defendant acted negligently by misinforming Plaintiff that the transmission
electronics on the Laredo were functioning properly.
25. Defendant acted negligently by recommending to Plaintiff that the transmission of
the Laredo be rebuilt.
26. Plaintiff's damages, as set forth herein, were the direct and proximate result of the
misinformation regarding the electronics diagnostic and recommendation negligently provided by
Defendant's employees.
WHEREFORE, Plaintiff demands judgment in his favor and against Defendant in the amount
of Two Thousand One Hundred Sixty-Seven and 48/100 ($2,167.48), which amount does not exceed
the jurisdiction limit for Arbitration, plus costs.
Respectfully Submitted,
HANFT & KNIGHT, P.C.
Michael J. Hanft, Esquire
Attorney ID No. 57976
Gregory H. Knight, Esquire
Attorney ID No. 30622
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013-9142
(717) 249-5373
Attorneys for Plaintiff
VERIFICATION
I VERIFY that the statements set forth in the attached document are true and correct to the
best of my knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. Section 4904 relating to unswom falsification to authorities.
F ULwr Folder`Fi m Do elormtLLitiption\Verification generic
Exhibit "A."
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KEITH W. RHODES, No. 2003-5031
Plaintiff
V.
CIVIL ACTION - LAW
J. MARCIN ENTERPRISES, LLC,
t/d/b/a COTTMAN TRANSMISSION CENTER,
Defendant JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
ANDNOW,this I? day of October, 2003, I, Sean M. Shultz, hereby certify that I have this
day served the following persons with acopy ofthe Complaint, by first class, United States Mail, postage
pre-paid, addressed as follows:
J. Marcin Enterprises, LLC
Cottman Transmission Center
3600 Carlisle Pike
Camp Hill, Pennsylvania 17011
HANFT & KNIGHT, P.C.
By: f ,
Sean M. Shultz
Legal Assistant
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013-9142
(717) 249-5373
F?\U,rr FOWd Tim l &Ge.d..2W3U325-1 c.Wlmt.wpd
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KEITH W. RHODES
Plaintiff
V.
J. MARCHIN ENTI
t/d/b/a, COTTMAN
CENTER,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 2003-5031
LLC, : CIVIL ACTION
JURY TRIAL DEMANDED
DEFENDANT'S
AND NOW,
Attorney, Austin F.
1. The P]
May 15, 2003;
2. On or
Plaintiff for $330 plu
3. Defenc
4. On of
Complaint.
VARY OBJECTION TO PLAINTIFF'S COMPLAINT
1. MOTION TO STRIKE
3 LA day of November 2003, the Defendant, by and through his
Esquire, avers the following:
Keith W. Rhodes, filed a District Justice Complaint on or about
ibout September 9, 2003 District Justice Placey found in favor of the
cost of $77.50,
nit filed a timely appeal on September 23, 2003;
about October 14, 2003, the Plaintiff filed the above captioned
5. Pursuant to Pennsylvania Rules of Civil Procedure before District Justices, if the
Appellant was a Cla' t in an action before a District Justice he must file a Complaint within
twenty (20) days after filing his Notice for Appeal (PCPJP no. 1004(B));
6. Pursuant to Pennsylvania Rules of Civil Procedure 106 Rule Computation of
Time, the first day sh?ll exclude the first day and include the last day of such period;
7. Twenty}one (21) days have elapsed between the date of filing the Notice of
Appeal and the date o$ filing the Complaint.
this Honorable Court lacks jurisdiction in this matter. Therefore, the
Defendant respectful) requests this Honorable Court to strike the action.
pEFENDANT'S PRELIMINARY OBJECTION
8. Paragraph 15 avers Plaintiff received an oral recommendation to have the
transmission rebuilt.
9. Paragraph 16 avers Plaintiff ordered and installed a transmission in Plaintiff's
vehicle.
10. Paragra{ h 20 avers Plaintiff discovered a blown fuse.
11. Paragraph 21 avers Plaintiff replaced the fuse, which Plaintiff avers resolved the
transmission failure.
12. Paragraph 26 avers Plaintiff suffered damages as a result of the oral
recommendation.
13. DefenOnt Preliminarily Objects to plaintiff Complaint on the grounds the
complaint lack legal grounds for recovery.
WHEREFORE, defendant respectfully requests that this Honorable Court grant its
Preliminary Objections by way of demurrer and dismiss Plaintiff's Complaint.
/1 /0-3 Id
COYNE & COYNE, P
Austin F. Grogan, Esqi
3901 Market Street
Camp Hill, PA 17011
(717) 737-0464
Attorney for Defendant
ID #59020
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Austin F. Grogan, being duly sworn according to law, deposes and says that he is the
attorney for Defendan, J. Marcin Enterprises, LLC, t/d/b/a Cournan Transmission Center, and
that he did mail a true! and correct copy of the Defendant's Preliminary Objection in the above
matter, by first class mail, to the Plaintiff's Attorney on November 3, 2003, at the following
address:
Michael Hanft, Esq.
HANFT & KNIGHT, P.C.
19 Brookwood Avenue Suite 106
Carlisle, PA 17013-9142
of service by mail pursuant to Pa.R.C.P.403.
Austin F. Grog qu'
3901 Market Street
Camp Hill, PA 17011
(717) 737- 0464
Attorney for Defendant
ID #59020
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KEITH W. RHODES,
Plaintiff No. 2003-5031
CIVIL ACTION - LAW
V.
J. MARCIN ENTERPRISES, LLC,
t/d/b/a COTTMAN TRANSMISSION CENTER, JURY TRIAL DEMANDED
Defendant
PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS
AND NOW, thisjl? ayofMarch,2004, comes Plaintiff, Keith W. Rhodes, byandthrough
his counsel, Hanft and Knight, P.C. and avers the following:
L PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION TO STRIKE
Admitted.
2. Admitted.
Admitted.
4. Admitted.
Denied. Byway of further answer, Defendant paraphrases Pa. R.C.P.D.J. No. 1004(A),
but cites Pa. R.C.P.D.J. No. 1004(B). Pa. R.C.P.D.J. No.1004(B) states that "ifthe appellant was the
defendant in the action before the district justice, he shall file with his notice of appeal a praecipe
requesting the prothonotary to enter a rule as of course upon the appellee to file a complaint within twenty
(20) days after service of the rule or suffer entry of a judgment of non pros" (emphasis added).
Paragraph 6 of Defendant's Preliminary Objection states a legal conclusion to which no
responsive pleading is required.
Denied. Byway of further answer, Defendant was also the defendant in the matter before
the District Justice and he was the appellant in this matter. The notice of appeal and rule to file was not
served upon Plaintiff earlier than September 24,2003. Therefore, the filing ofPlaintiff s Complaint on
October 14, 2003, was within the twenty day period for such filing under Pa.R.C.P.D.J. No. 1004(B).
WHEREFORE, Plaintiffrespectfullyrequests this Honorable Court to overrule Defendant's Motion
to Strike the Action.
II. PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTION FOR
LEGAL INSUFFICIENCY OF THE COMPLAINT
8. Denied. Paragraph 15 of Plaintiffs Complaint speaks for itself.
9. Denied. Paragraph 16 of Plaintiff s Complaint speaks for itself.
10. Denied. Paragraph 20 of Plaintiffs Complaint speaks for itself.
11. Denied. Paragraph 21 of Plaintiffs Complaint speaks for itself.
12. Denied. Paragraph 26 of Plaintiff s Complaint speaks for itself.
13. Denied. Paragraph 13 ofDefendant's Preliminary Objection states a legal conclusion to
which no responsive pleading is required. By way of further answer, the elements of negligent
misrepresentation are: (1) a misrepresentation ofa material fact; (2) made under circumstances under which
the misrepresenter ought to have known its falsity; (3) with an intent to induce another to act on it; and (4)
which results in injury to aparty acting in justifiable reliance on the misrepresentation. Plaintiffs Complaint
alleges facts that support each element of a cause of action for negligent misrepresentation.
WHEREFORE, Plaintiffrespectfullyrequests that this Honorable Court overrule Defendant's
Preliminary Objection by way of demurrer.
Respectfully Submitted,
HANFT & KNIGHT, P.C.
Mic ael J. Hanft, Esquire
Attorney ID No. 57976
Sean M. Shultz, Esquire
Attorney ID No. 90946
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013-9142
(717) 249-5373
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KEITH W. RHODES,
Plaintiff No. 2003-5031
CIVIL ACTION - LAW
V.
J. MARCIN ENTERPRISES, LLC,
t/d/b/a COTTMAN TRANSMISSION CENTER, JURY TRIAL DEMANDED
Defendant
CERTIFICATE OF SERVICE
?-dayofMarch,2003,I,SeanM.Shultz, Esquire, hereby certify that Ihave
ANDNOW, this _ft+,
this day served the following persons with a copy of Plaintiff's Answer to Defendant's Preliminary
Objections by first class, United States Mail, postage pre-paid, addressed as follows:
Austin F. Grogan, Esquire
COYNE & COYNE, P.C.
3901 Market Street
Camp Hill, Pennsylvania 17011-4227
HANFT & KNIGHT, P.C.
By: 5??X? w
Sean M. Shultz, Esquire
Attorney ID No. 90946
19 Brookwood Avenue, Suite 106
Carlisle, Pennsylvania 17013-9142
(717) 249-5373
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Curtis R. Long
Prothonotary
office of the Protbonotarp
Cumberlanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
n 3 - ..S'63 / CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573