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HomeMy WebLinkAbout01-4487COMMONWEALTH Of PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas on appeal from the judgment rendered by the District Justice on the date ond in the case mentioned belov4. LTl9 ~ This block will be ~;g,-,~-~ ONLY when this notation is required under Pa. tI.C.P. JJ~. ~ /f appellant was CLA~'M~NT (see Pa. R.C.P.J.P. No. 1008B. This Notice of Appeal, when received by the D/strict Justice, will operate as a 700f(6) in action before District Just/ce, he MUST SUPERSEDEAS to the judgment for possess/on in this cas~ FILE A COMPLAINT within twenty (20) days after Signature of Prothonotary or Deputy filing his NOTICE of APPEAL, PRAEClPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see F~. 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 ~?1-/.~/./.~:3~?, ~l '; (. Name cf a~oe//ee's, , appe#eeCs), to file a compialnt in this appeal (Common Pleas N~ "-" .." ' - ' r ~Q -"] ?~¢'-~'t within twenty {20) days aft~ service of rule or suffer entry of judgment of non RULE.' To ~' .~Jle/' ,/~'CJ~"~ po~ . appelleeCs), i~ ~' / S~ecfa~t~satmmeyor~gecf Na~e cf appe/lee(s ) (I) You am notified that a rule is hereby entemcl upon you to file a complaint in this appeal within twenty (20) days aftra 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. 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) DAYS A)CTER fifing 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 therein on (date of service) [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ,19_-- [] by personal service [] by (certified) (registered) mail, sender's receipt attached hereto. [] and further that I served the Rule to File a Complaint acc°mpanying the ab°ye N°tice °f Appeal up°n the appellee(s) t° wh°m 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 Title of officlel .COMMONWEAETH OF PENNSYLVANIA COUNTY OF.'_ ~~ Mag. Dist, No.: 09-1-01 DJ Name; Hon. CHARLES A. CLEMENT, ~R. Ad~.~s: 1106 CA]~LISLE ROAD CAMP HILL, PA NOTICE OF,JUDGMENT/TRANSCRiPT PLAINTIFF: CIVIL CASE NAME and ADDRESS ~FISHER AUTO PARTS Telephone: (717) 761-4940 17011 YELLOW CAB 50 NAAKET ST LEMOYNE, PA 1005 HUMMEL AVE LEMOYNE, PA 17043 VS. DEFENDANT: NAME and ADDRESS FYELLOW CAB 50 MARKET ST LEMOYNE, PA / I Docket No.: CV-0000239-01 Date Filed: 4/26/01 (Date & Time) A'mbUnt of Judgment $r5 148.2_1 3udgment Costs ' $ 100.51 'intel;est on.Judgment $ .01 Attorney Fees ' $ ' .00 Total $ 5.248.76 T~IS IS TO NOTIFY YOU THAT: Judgment: DNFATr~T ,JU~ ~--~ Judgment was entered for: (Name) [] Judgment was entered against: (Name) in the amount of $ =;: ~4;I _"/~; on: (Date of Judgment) j~ Defendants are jointly and severally liable. ~ Damageswill'be a-sse~edoh~ ~ Thi~ case dismissed without prejud ce. ~' ' ~-] Amount of Judgment Subject to Attachment/Act 5 of 1996 $ [] Levy is stayed for days or [] generally stayed. Objection to levy has been filed and hearing will be held: Post Judgment Credits $. IPosit Judgment Costs $ ICertified Judgment Total $ I 'Date: ' ' Place: Time: ~ ,~ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER' NOTICE OF.APPEAL WITH THE 13 MUST NCLUDE A COPY ~1~ ~ ~/'~'/~n~ .[ Ju~tice. - -- is atrue and correct copy of the record of the proceedings Date My commission ~ C~MMONVt~EA~.Tv~OF PENNSYLVANIA NOTIC~., ,,,,t~PEAL COURT OF COMMON PLEAS FKOM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT c--o.P.A,N. 0/-Wr7 C o,I NOTICE OF APPEAL ~e is ~ ~ ~ ~nt ~s fi~d in t~ a~ Court of C~ P~s ~ ~ f~ ~e j~g~t m~ ~ t~ ~stri~ Jus~e ~ ~ ~in~c~~ ~b ~ will ~ ~ O~LY ~ this ~ is ~q~i~d u~ P~ RE~J~. ~ ff ~/~ ~ C~T ~ ~. R,C.~.~.p. ~o, 1~8~ T~s ~tice of A~I, w~ ~ei~d by t~ District Jus~ce, will ~ as a ~O0~(~)in~i~e~i~4~e,~T ~PERSEDEAS ~ ~ j~ ~ ~ssi~ in ~is ~s~ FILE A COMPLAINT within ~n~ ( 20 ) da~ aft~ filing his ~TICE of A~EAL. S~m of ~ot~y ~ PRAECIPE TO ENTER RULE TO FILE COMPL:A!NT ANDRULE TO FILE (This section of fon'n to be u~ed ONLY when appellant was DEFENDANT (see Pa. R.C~P~J.P, No. ',1001(7) in action,~efore District Justice. IF NOT USED, de,ch from copy of notice of appeal to be sen/ed upon appellee). . PRAECIPE: To Prothoflotory Enter rule upon E .~ ~ ey ~"~ [~0 ?~ ~' ~ ~ , appe~ee(s), to file a complaint in this appeal 0 ,o7_ Name ol ~pellee(~) ~. I.,~qL/. ~...,,_,r.0, i('-'T~--/~,_/~)m~within twenty (20)days after servi~e of rule or suffer entry of judgment of na~ pros. (C xnman Pleas N~ RULE, To Fl'g~qe/fl~t55 ~,C.5 .apflelleeCs). (1) You are notified that a rule is hereby e~temd upon you to file a complaint in this appeal within twenty (20) days afte~ the date of service of this rule upon you by .~ ser~vjce or by certified or registered mail ( ) ff you do n~.~%a ~,nt with,fl this ~ime, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOu. (3) The date i)"'f:~ic' °f this rule if ser~ ~byma.. . , -_ ' the datoZmailing'~ ~'-), .iO~C 312-84 COURT FILE 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 . . AFFIDAVIT: I hereby swear or affirm that I served , x [] and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) t° wh°m the Rule was addressed on ,19 , [] by personal service [] by (ce~ified) (registered) mail, sender's receipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME TH,S/ t, T~ of of~<~a~W NU I AHIAL S~ My commisl~ C~mi~ ~ Ju~ 9, ~ ~ Signature of affiant ~9~0~ 6~L~ ~000 0L9'~ FISHER AUTO PARTS, INC. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-4487 CML TERM : HARRIS BURG TAXI CAB & BAGGAGE CO. T/A: YELLOW CAB : CIVIL DIVISION - LAW Defendant : YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM 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 AN 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 Wrl'flOUT 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 TF~LF~PHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL I-H~,I,P. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 FISHER AUTO PARTS, INC. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ._ v. : NO. 01-4487 CIVIL TERM : HARRIS BURG TAXI CAB & BAGGAGE CO. T/A: YELLOW CAB : CML DIVISION - LAW Defendant : LA The Plaintiff, FISHER AUTO PARTS, INC. , by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit againnt the Defendant to recover the sum of FIVE THOUSAND, TWO HUNDRED FORTY-EIGHT DOLLARS AND SEVENTY-SIX CENTS ($5,248.76), along with interest thereon from June 25, 2001, upon a cause of action of which the following is a statement: I. The Plaintiff, FISHER AUTO PARTS, INC., is a corporation organized and existing under the laws of the Commonwealth of Virginia, having an office and place of business at 1005 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Defendant, HARRISBURG TAXI CAB & BAGGAGE CO. Trading As YELLOW CAB, is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having an office and place of business at 50 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. On the dates, in the amounts, and for the prices set forth on the Plaintiff's Invoices, a true and correct copy of the Plaintiff's Notice of Judgment is hereto attached, made a part hereof and marked Exhibit "A", Plaintiff, at the special instance and oral request of the Defendant, sold and delivered goods, wares and merchandise of the kind and description set forth on said Exhibit "A" to the total amount of F: \USER\KATHY\C MPLAIN'I~EXAMPLE\APEAL275.15:22Aug01 FIVE THOUSAND, ONE HUNDRED FORTY-EIGHT DOLLARS AND TWENTY-SIX CENTS ($5,148.26). 4. Due to the voluminous nature of Plaintiff's Invoices, said Invoices are not attached hereto as an Exhibit, but are available for Defendant's review and copying at Plaintiff's attorney's offices. 5. The prices charged for said goods, wares and merchandise were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant orally promised and agreed to pay Plaintiff therefor. 6. Due to Defendant's default in payment of said amount due and owing as aforesaid, Plaintiff was forced to seek remedy in the lower Court thereby incurring costs in the amount of ONE HUNDRED DOLLARS AND FIFTY CENTS ($100.50), for which Defendant is liable. 7. The balance due and owing by Defendant to Plaintiff is the stun of FIVE THOUSAND, TWO HUNDRED FORTY-EIGHT DOLLARS AND SEVENTY-SIX CENTS ($5,248.76). 8. Plaintiff has frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant has refused and neglected and still refuses and neglects to pay said amount of any part thereof. F: \USER\KATHY\C MPLAINTLEXAMPLE\APEAL275.15:22Aug01 2 WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of FIVE THOUSAND, TWO HUNDRED FORTY-EIGHT DOLLARS AND SEVENTY-SIX CENTS ($5,248.76), along with interest thereon from June 25, 2001. Respectfully submitted, KNUPP, KODAK & IMBLUM, P.C. Robert D. Kodak 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney ID No. 18041 Attorney for Plaintiff F:\USER\KATHY\CMPLAIN~EXAMPLE\APEAL275.15:22Aug01 3 COMMONWEALTH OF PENNSYLVANIA COUNTY OF: 09 -1-O1 ~ES A. CLEHEt~, ~'~": 1106 C~R~IBL~ ROAD CAMP HILL, PA Telephone: (717) 761-4940 17011 FISHE~ AUTO PARTS 1005 HUMMEL AVE LEMOYNE, PA 17043 CIVIL CASE PLAINTIFF: FFTBHE~ AUTO PARTB 1005 HUMMEL AVE ~, PA 170A3 VS. DEFENDANT: NAME and ADDRESS F~L~W 50 ~ ST ~O~, PA NOTICE OF JUDGMENT/TRANSCRIPT Docket No.: CV- 0000239-01 Date Filed: 4/26/01 THIS IS TO NOTIFY YOU THAT: Judgment: . Judgment was entered for: (Name) . Judgment was entered against: (Name) in the amount of $ .~ on: 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, · Objection to levy has been tiled and hearing will be held: (Date of Judgment) ~/2R/nl (Date & Time) Amount of Judgment $ 5. 148.36 Judgment Costs $ 100.50 Interest on Judgment $ .0 0 Attorney Fees $ .00 Total $ 5,248.7~ Post Judgment Credits $ Post Judgment Costs Certified Judgment Total $ Date: Place: Time: 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/TRAN~CR~T FORM WITH YOUR NOTICE OF APPEAL. 6/2_5/2001 I certify that this is a true and correct copy of the record of the proceedings containing the judgment, Date , District Justice My commission expires first AOPC 315-99 SEAL o$/23/200i O6:S3 ?179393471 PAGE 02 I, DON~ILD ZIIVflVI~R.~, o~ I~ISII~R At,'l'O P~iltl'S, I~C., veril~ that the statemen~ m~de in ttm ~.~ ~to~tmms~t m'm ~ m~d corrina. I mt~lmrstand tl~t halmm ~mte~m3sts I~ are made su~ect to t~ p~ ~ 18 Pm. C. S. t4~, r~tlng to tmsworn F~lltfie~ti~o to ~.'tlloritk~. t~ISI~R AUTO P~TS, INC. LAW OFFICES OF KNUPP, KODAK & IMBLUM, P.C. CAMERON MANSION 407 NORTH FRONT STREET P.O. BOX 11848 t.IARRISBLIRG, PA 17108-1848 FISHER AUTO PARTS, INC., plaintiff HARRISBURG TAXICAB AND BAGGAGE COMPANY, t/a YELLOW CAB, defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.2001-04487 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED ]~2qSWER TO COMPLAINT DEFENDANT, Harrisburg Taxicab and Baggage, Inc., respectfully submits the following answer: 1. Admitted. 2. Admitted. 3. Neither Admitted nor Denied, pending review of the documems involved in the case. 4. Admitted. · · · es, overcharged Defendant for the merc.ha.ndise · d Plaintiff m re_any cas · to a Plaintiff. 5. D. eme · ., ~ ~ _~_~ ~,oa~ no such ~ronnse to agree P Y avmlable. Furmer, iJelenumt~ l~J,,,.,~ ~ 6. Denied as to Defendant's liability. 7. Denied as to Defendant's liability. 8. Denied. Defendant is unaware of Plaintiff's attempts at collection.. 9. For reasons of adequ~cy, an.~quality, Defendant returned a large number of the goods it received from PlamUlI. ei ts and records att. Smd recorcts are, no , 10; Th.e rec [P~ ,.~ ~,a bed to this answer: ~ ~w, treet. Lemoyne, PA. inspection at 11. At no point did, Plaintiff refund, replace, or credit Defendant for the goods Defendant returned. · . · · , d suing, Defendant for goods Plaintiff 2. In effect,,Plam.tif.f, ls..c~,h~gyql~gh.aI~r has resold tO other customers. lcontinues to nave in lis puoovoo.o, 13. Plaintiff therefore breached the implied sales contract with Defendant. ' in the above matter is estimated to be 14. The credit Defendant did not receive $2,000.00 laintiff's claim be denied, and that ndant re uests that. P . e matter. Alternately, WHEREFORE, Defe ~ff nothcg~ t. he..a~b~o~v.~ai~,a d by the amount ndant requy.ests mat mE.~g~h~rn~ed said ~ooas to vlalnmt. nDoetf~redited to Defendant wn,,,., --~-----e _ Respectfully Submitted, Date:~ - Attorney for_Defendant 1618 Derry Street Harrisburg, PA 17104 (717)234-~}782 3oesucec~iwl.net C~_ERTIFICATE OF SERVIC~ ;~rr_ dap, ~4~/_., 2001, I do hereby certify that on this ~ ~_ ~F~sher copy of the ~ ~ ' that I served a true and correct by certified mail, Knupp, Kodak, & Imblum, P.C. Cameron Mansion 407 North Front Street PO Box 11848 Harrisburg, Pennsylvania 17108-1848 ~ T. Sucec Attorney FISHER AUTO PARTS, INC. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2001-04487 CIVIL HARRISBURG TAXICAB AND BAGGAGE COMPANY t/a YELLOW CAB Defendant ~ The Petition for Appointment of Arbitrators shall be substantially to the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert D. Kodak, Counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $5,248.76 + Interest from 6125101. The counterclaim of the Defendant in the action is Snone. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as Arbitrators: Robert D. Kodak, Esquire, Knupp, Kodak & Imblum, P.C. and/or Joseph T. Sucec, Esquire. WHEREFORE, your Petitioner prays Your Honorable Court to appoint three (3) Arbitrators to whom the case shall be submitted. Robert D. Kodak Attorney I.D. No. 18041 AND NOV , as prayed for. ORDER OF COURT , in consideration of the foregoing Petition, ,Esquire, ~~.~//~-~-~/~.~' , Esquire and , Esquire are appointed Arbitrators in the above-captioned action By the Court, M~INO0 61:1114~ .~1 i30 10 FISHER AUTO PARTS, [NC., Plaintiff HARRISBURG TAXICAB AND : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-04487 CIVIL BAGGAGE COMPANY Ua YELLOW CAB: Defendant : NOTICE OF HEARING YOU ARE HEREBY NOTIFIED that the undersigned arbitrators appoimed by the Court in the above captioned matter will meet for the purpose of their appoinlment on the 17th day of January, 2002, at 1:00 p.m. at the office of Saidis, Shuff, Flower & Lindsay, 2109 Market Street, Camp Hill, Pennsylvania, at which time and place you may appear and be heard, together with your witnesses and/or your counsel, if you so desire. PARTIES WISHING TO ARGUE LEGAL POINTS WILL BE EXPECTED TO HAVE COPIES OF CASES, STATUTES, ETC. WITH RELEVANT PORTIONS HIGHLIGHTED FOR EACH ARBITRATOR AND OPPOSING COUNSEL AT THE COMMENCEMENT OF THE HEARING. ANY NOTICED PERSON REQUESTING A CHANGE OF HEARING DATE MUST CONTACT ALL PERSONS AS TO AN AGREEABLE DATE, PROVIDE WRITTEN NOTICE TO ALL pERSONS AND RESERVE PLACE OF HEARING. Dated: December 19, 2001 CC: Dawn Sunday, Esquire 39 West Main Street Mechanicsburg, PA 17055 Timothy Keating, Esquire 33 North Second Street Harrisburg, PA 17101 Robert D. Kodak, Esquire 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 Attorney for Plaintiff Joseph T. Secec, Esquire 1618 Derry Street Harrisburg, PA 17104 Attorney for Defendant FISHER AUTO PARTS, INC. · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-04487 CIVIL TERM HARRISBURG TAXICAB AND: BAGGAGE COMPANY t/a YELLOW CAB IN RE: ARBITRATION ORDER OF COURT AND NOW, January 24, 2002, the Court having been informed that the above case has settled, the Board of Arbitrators previously appointed is hereby vacated, and the Chairman of the Arbitration Panel, Geoffrey Shuff, Esquire, shall be awarded the sum of $50.00. By the Court, ./~eoffrey S. Shuff, Esquire ," Chairman Court Administrator P.J.