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Home My WebLink About03-5094COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM JUmC~AL mST~CT DISTRICT JUSTICE JUDGMENT Cumberland County CO. MO.,UASN~ ~ ~ _~4'b~14 NOTICE OF APPEAL Notice is given ~ the appellant has filed in the above Court of Commo~ Pleas an appeal from the judgment rendered by the District Justice on the date crud in the case mentioned belo~ Christopher Failor (Chris) 09-1-01 604 S. York Street Dillsburg PA 9/12/03 United Produce/J Di Failor o~a ~ t~e~r^~o~i s CV &20-03 LT This block will be s~ned ONLY when this notation is required under Pa. R.C.RJ.P. 1008B. This Notice of Appeal, when mcelved by the District Justice, will operate as a SUPERSEDEAS to the judgment for possesS, on in this case S~Tnature of Proth~ot~ry or Deputy ~cODE 17019 ff 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. PRAEClPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of fo~rn 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, de~ech from copy of notice of appea/ to be sen, ed upon appellee). PRAECIPE: To Prothonotary Enter rule upon United Produce/J Dietz & SheafferNa~e ~ ~q~s) ~ ~(s)' ta file/l~°~I:~aint in this oppe°. (Commo~ Pleas N~ /33 - ,.~-O ~'"/~ ' ) within twenty (20) ~s ¢6~r ~ ~f ru/~ ~ ent~ of j~alen~ of non i:m3~. RULEs To United Pro~/~)ictz & Sheaf~°~~e(s)' (1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within tv~ty (20) days aftra the date of service of this rule upon you by personal service or by cmtified 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 sm'vice was by mail is the date of mailing. AOPC312-90 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 W/THIN TEN (I0) PAYS 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 there~n on (,date of semce) [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) on [] by personal service [] by (certified) (registered) mai, 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 serv ce ~ by (certified) (registered) mail, sender's receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF Title or officiN ' COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag Dis[ NO.: 09-1-01 DJ Name: Hon CHARLES A. CLEMENT, JR. Address: 400 BRIDGE STREET OLDE TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA TCepho,e (717) 774-5989 17070 CHRIS FAILOR 604 S YORK STREET DILLSBUKG, PA 17019 ., THIS IS TO NOTIFY YOU THAT: Judgment: [] Judgment was entered for: (Name) E~ Judgment was entered against: (Name) NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FUNITED PRODOCE/J DIETZ & T SHEAFFE~ 675 SUITE B WILLIAMS GROVE ROAD ~ECHANICSBURG, PA 17055 / VS. DEFENDANT: NAME and ADDRESS rFAILOR, CHRIS 604 S YORK STREET DILLSBURG, PA 17019 h Docket No.: CV-0000420- 03 Date Filed: 8/12/03 FOR PT,%TNTIFF rlNT~'R.'FI pW~DTTO. R/,T DTR, 'P~, & '~ R FATT,OR, CR~TS in the amount of $ I, ~70.00 on: Defendants are jointly and severally liable· Damages will be assessed on: This case dismissed without prejudice. [--~ Amount of Judgment Subject to AttachmentJ42 Pa.C.S. § 8127 $ ~ Portion of Judgment for physical damages arising out of residential lease $ (Date of Judgment) (Date & Time) Amount of Judgment $ 1,600.00 Judgment Costs $ 70.00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 1,670.00 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 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 ENIER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY SE 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, SETTLES1 OR OTHERWISE COMPLIES WITH THE JUDGMENT. I' 2 ~-uul~'Jnn'3ate .,,' ,, .. SEP ' ~ .'~.; %. , D~,strtct du:.stloe I certify that this is a true and correct copy of the record of the proceeding~ Ge~taiqing;,(hg.j~,dgme.nt. ,, ~,, . ,¢;D~stnct Justice Date s .-,. My commission expires first Monday of January, 2008 . AOPC315-03 DATE PRINTED: 9/12/03 3:23:02 PM PROOF OF SERVICE OF NOTICE OF APPEAL AND RULETO 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 COU"TVOF (~ (~ ~ ',SS AFFIDAVIT: t hereby swear or affirm that I served fA eal Common PleasNo ~)~ ' 5¢'") ~ , upon t~ D strict Justice designated therein on ~ a copy of the Not~ce ~ P~ ..' - ' -' ~"~&%;;~;~;~7~' e ~bv fcertitied regisLered) m~ sender's recei t attached hereto, and upon me appellee, (name/:, ~.~ ~;:5~ -,~,7- ~ -,~ :-;;,~, --4;~ed hereto % ~ ..~1, _ ~ ~ by personal service ~ e~ (cer[l~[ecl) [reg~s~erea) ma~k senue[~ ~u~,p, ~"~V. - ' the Rule was addressed on ~_~ ~ mail sender's receipt attached hereto. COMMONWEALTH OF PENNSYLVANIA ; NOTICE OF APPEAL I COURT 0F COMMON PLEAS FRO~ JUDICIAL DISTRICT Cumberland County DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL ~fice is ~ ~ ~ ~t ~s fi~ in t~ ~e Court of C~ P~s Christopher Fa~lor (Chris) 604 S. York Street 9 3 0 ,~,,.~ u~ r~ ~.~j~. ~ ¥~11~ ~ 0'~' ...... ~ -- ~k ~tice of A~I, ~en ~ei~ ~ t~ ~trict ~s~e. will ~mb as a 1~1(6) in ~tJ~ ~f~e ~s~ct ~t~e, ~ ~ST ~ER~AS ~ f~ j~ fm ~sses~ in ~is cas~ FILE A COM~AINT within t~ (20) ~ a~ Si~m of ~t~y ~ ~ty fili~ h~ ~T~E ~ A~EAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO I:ILE (This section of fonn to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P No 1001(7) in action before Disb'ict Justice. IF NOT USED, detach from copy of notice of al)peal to be served upon appellee). PRAECIPE: To Prothor~otory Enterruleupen United Produce/J Dietz & Sheaffer .... 13, RULE: To ......... ~ ........ , ...... · {1) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the dat~ of service of this rule upon you by personal service or by certified or registered mail (2) If you da not file a complaint within this time, a JU~NT OF NON PROS 9VILL BE ENTERED AGAINST YOU. (3) The date of service of this rule If serv,ce was by mail is the date of mailing. AOPC 312-90 COURT FILE JOHN DIETZ and TIM SHAFFER, t/d/b/a UNITED PRODUCE, Plaintiffs VS. CHRIS FAILOR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5094 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 thc Court your defenses or objections to thc 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 claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TI-HS 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 Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expunestas 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 enla corte en forma escrita sus defensas o sus objeciones a las demandas en e\contra de su persona. Sea avisado que si usted no se defiende, la torte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificaacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted purede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO OSI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA OLLAME FOR TELEFONO A LA OFICINA CUYA DIRECCION SE NOTICIA Le han 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 £echa de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su jpersona. Sea avisado que si usted no se defiende, la corte tomara medidas y pude entrar una orden contra usted sin previoi aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUA DONDE SE PUEDE CONSEGUIR ASISTENCIAL LEGAL. Cumberland County Court Administrator 4t~ Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 JOHN DIETZ and TIM SHAFFER, t/d/b/a UNITED PRODUCE, Plaintiffs VS. CHRIS FAILOR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5094 COMPLAINT 1. The Plaintiffs, John Dietz and Tim Shaffer, are adult individuals and general partners doing business as United Produce which is located at 675 Suite B, Williams Grove Road, Mechanicsburg, Cumberland County, PA 17055. 2. The Defendant is Chris Failor, an adult individual who resides at 104 South York Street, Dillsburg, York County, PA 17019. 3. On or about May 17, 2003, the Defendant represented that he had for sale a refrigerated cooler for the storage of produce, fruits and vegetables, which the Plaintiffs needed for their business. 4. On or about May 17, 2003, the Plaintiffs entered into an oral contract for the purchase of the refrigerated cooler sum of Two Thousand and Two Hundred ($2,200.00) Dollars. 5. Subsequent to the purchase of the refrigerated cooler by the Plaintiffs, the Plaintiffs removed the refrigerated cooler from the Defendant's property to their place of business whereupon further examination they discovered that the equipment purchased was not a refrigerated cooler but rather a freezer. 6. Plaintiffs advised the Defendant of the mutual mistake of the parties regarding the nature and quality of the equipment purchased by the Plaintiffs from the Defendant. However, the Defendant refused to return the equipment, refund the Plaintiffs' money and accept return of the freezer unit. 7. As a result of the mutual mistake of the parties pertaining to the nature and quality of the refrigerated equipment purchased by the Plaintiffs from the Defendant, the Plaintiffs incurred costs of One Thousand Five Hundred ($1,500.00) Dollars which was necessary to convert the unit from a freezer to a cooler. 8. The Plaintiffs have been damaged in the amount of One Thousand Five Hundred ($1,500.00) Dollars which is within arbitration limits of the Cuatbedand County I~'rI-IEP,,EFOP~, Plaintiffs demand recovery from the Defendant in the amount of One Thousand Five Hundred ($1,500.00) Dollars plus costs and judgment interest. Respectfully submitted: 2201 North Second Street Harrisburg, PA 17110 (717) 233-4141 Attorney for Plaintiffs DATED: VERIFICATION PURSUANT TO Pa.R.C.P. 1024(c3 Francis M. Socha, Esquire, states that he is the attorney tbr the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge and information upon which to make a verification and/or because he had greater personal knowledge of the information and belief than that of the party whom he makes this affidavit; and/or because the party for whom he makes this affidavit is outside the jurisdiction of the court, and verification of none of them can be obtained within the time allowed for the filing of the document; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification of authorities. xx"~onm;y~o iI °p~ahia~t ~ SffsqUire JOHN DIETZ and TIM SHAFFER, t/d/b/a UNITED PRODUCE, Plaintiffs VS. CHRIS FAILOR, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CERTIFICATE OF SERVICE I, Carrie E. Ragan, Secretary to Francis M. Socha, Esquire, hereby certify that a true and correct copy of the foregoing Amended Notice of Appeal was sent to the following persons by the manner indicated below in compliance with Pa..R.A.P. 12. DATED: FIRST CLASS U.S. MAIL, POSTAGE PRE-PAID Paul B. Orr, Esquire 50 E. High Street Carlisle, PA 17013 Attorney for Defendant Carrie E. Ragan John Dietz and Tim Shaffer, : T/d/b/a United Produce, : Planitiffs VS. Chris Failor, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-5094 Civil Term ANSWER TO COMPLAIN'[' 1. Admitted. 2. Admitted. 3. Denied. Defendant never represented that the disputed piece of equipment was a refrigerated cooler. Defendant informed plaintiffs that the piece of equipment might be a refrigerated cooler, but that plaintiffs should inspect the equipment in order to determine if it indeed was a refrigerated cooler. Defendant is not in the business of selling refrigeration equipment and was himself unsure as to whether this unit was a refrigerator or a freezer. Defendant conveyed this uncertainty to plaintiffs and encouraged plaintiffs to inspect the unit, which plaintiffs did. 4. Admitted in part and denied in part. Defendant ad,nits that he formed an oral contract with plaintiffs on or about May 17, 2003. However, Defendant denies that the contract was for a refrigeration unit. The contract was for this particular piece of equipment, whether it was a freezer or a refrigerator. Plaintiffs', or plaintiffs' representatives, inspected the equipment and found the equipment satisfactory enough to purchase it. 5. Admitted in part and denied in part. Defendant admits that plaintiffs removed the equipment from his property. However, after reasonable investigation, defendant is without knowledge or information sufficient to form a belief' as to where Plaintiffs eventually took the equipment or as to Plaintiffs' interactions with the equipment. 6. Admitted in part and denied in part. Defendant denies the existence of a mutual mistake. Defendant informed plaintiffs that the equipment plaintiffs were purchasing could serve as either a freezer or a cooler depending upon the type of air compressor attached to it. Defendant informed plaintiffs that Defendant was unclear as to what type of air compressor was attached and that plaintiffs were taking the equipment "as is". Defendant admits only to refusing to cancel the contract and refund the purchase price. 7. Denied. Defendant denies the existence of a mutual mistake. Defendant informed plaintiffs before purchase that the equipment could be used as either a freezer or a cooler depending upon the type of air compressor attached. Defendant also informed plaintiffs that Defendant was not in the business of selling such equipment and therefore was unclear as to what type of air compressor was attached. Defendant allowed plaintiffs to inspect the equipment to make certain it was what plaintiffs wanted. Plaintiffs inspected the equipment before purchase and subsequently ]purchased the equipment. No mistake is present in this case. 8. Denied in part and admitted in part. Defendant denies liability for any expenses incurred by plaintiffs to adapt the equipment to fit plaintiffs' purposes. Defendant does admit that the amount of damages sought by plaintiffs is within the arbitration limits of Cumberland County. WHEREFORE, Defendant asks the Court to find in his favor and deny plaintiffs' demand for recovery damages. Respectfully Submitted, Date:~~ THE LAW P By: ~tt2~;;dfof°r D e~nd~tuir''e'~ $0 East High Street Carlisle, PA 17013 (717) 258-8558 John Dietz and Tim Shaffer, T/d/b/a United Produce, Planitiffs VS. Chris Failor, Defendant IN THE COURT OF COMMON PLEAS OF CUMBEKLAND COUNTY, PENNSYLVANIA No. 03-5094 Civil Term CERTIFICATE OF SERVICE I hereby certify that on this date, I served a tree and correct copy of the foregoing ANSWER TO COMPLAINT by U.S. first class Mail, postage prepaid to the following person at the following address: Date: Francis M. Socha, Esquire 2201 N ffl~cond Street Harr ,ur ;,]~A l_71J.~ Attc~'~Y '~~ B3 X.J Paul Bradfor~)r~,~sc uire Attorney for Defendant 50 East High Sl~:eet Carlisle, PA 17013 (717) 258-8558 John Dietz and Tim Shaffer, T/d/b/a United Produce, Planitiffs VS. Chris Failor, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-5094 Civil Term ATTORNEY VERIFICATION The undersigned, Paul Bradford Orr, Esquire, hereby verifies and states that: 1. He is the attorney for Defendant; 2. He is authorized to make this verification on Defendant's behalf; 3. The facts set forth in the foregoing Answer are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Answer are true and correct to the best of his knowledge, information, and belief; and 5. He is aware that false statcmaents herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Respectfully submitted, T.E OT* ES OF ORR By: ~ ~_ ~___ ;aul ~d[; O~, Esquire 50 East High Street C~lisle, PA 17013 (717) 258-8558 Attorney for Defendant Supreme Com~ ID~ 71786 JOHN DIETZ AND TIM SHAFFER, t/d/b/a UNITED PRODUCE, Plaintiffs vs CHRIS FAILOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5094 CY~ 2003 RULE 1312-I. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Franoic M. Sooha, F, oquirc , counsel for the plaintiff/~l~~ the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $1 .5 n 0 0 0 The counterclaim of the defendant in the actl~on l~s ' -0-- The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Franci~ M. gocha, E~quire andPaUL Bradford Orr, Ecquiro WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. AND NOW, foregoing petition, Esq., and actions) as prayed for. Respectfully submitted, ,19 , in consideration of the Esq., , Esq., are appointed arbitrators in the above captioned action (or By the Court, P.J. JOHN DIETZ AND TIM SHAFFER, t/d/b/a UNITED PRODUCE, Plaintiffs CHRIS FAILOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5094 C1V~ 2003 RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Franoic M. gooha, goquirc ,c°unself°rtheplaintiff/~l~l~l~theab°veacti°n(°racti°ns), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ n ,- a e, nt~ The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Francis M. Socha, Esquire andPaUL Bradford Orr, Egquiro WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. AND NOW, foregoing petitio~, Respectfully submitted, ORDER OF COURT ~/' c ,-~:, , In onsideration of the · Esq., are appointed arbitrators in the above captioned action (or P.J. ...<