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Home My WebLink About08-3539COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Judicial District, County Of Cumberland NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT t COMMON PLEAS No. f?7 U - 2X537 Uvi NOTICE OF APPEAL F;leol 4/if/08 Terot 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 referenced below. NAME OF APPELLANT MAG. DIST. NO. NAME OF D.J. Lawrence 0. Jensen 09-3-04 Thomas A. Placey ADDRESS OF APPELLANT CITY STATE ZIP CODE 1221 Minnich Road, Mechanicsburg, PA 17055 DATE EOf JUDGMENT IN THE CASE OF (Plaintiff) (DeWdant)' Lawrence 0. Jensen V5 Motor-Vation DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT CV-0000874-07 This block will be signed ONLY when this notation is required under Pa. If appellant was Ia ant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Signature of Prodronotary or Deputy 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.D.J. 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 appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appellant or attorney or agent RULE: To , appellee(s) Name of appellee(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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: 20 --- - Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT)TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COMMONWEALTH OF PENNSYLVANIA NOTICE OF JUDGMENT/TRANSCRIPT rnl INITY ni=• CUMBERLAND CIVIL CASE C j s i> Mag. Dist. No.; 09-3-04 MDJ Name: Hon. THOMAS A. PLACZY Address:. 104 5 SPORTING HILL RD..- MZCH11NICSHURG, PA Telephone (717) 761-8230 17050 LAWRENCE O. JENSEN 1221 MINNICH ROAD MECHANICSBURG, PA 17055 THIS IS TO NOTIFY YOU THAT: Judgment FOR& PLAINTIFIr in the amount of $ ® Judgment was entered for: (Name) JZNSZN, LAWRENCE 0. ® Judgment was entered against: (Name) MOTOR-VATION 126.9 Defendants are jointly and severally liable. Damages will be assessed on Date & Time 1-1 This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $_ 37.46 Judgment Costs $ 89.50 Interest on Judgment $ .00 Attorney Fees $ UU Total $ 126.96 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 JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT-OF-COMMOUPLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. 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 MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. t -VA- Date , Magisterial District Judge I certify that this is a f t e ecord !!!!? ings containing the judgment. 3 u0 Date , Magisterial District Judge My commission expires first Monday of January, 2010 AOPC 315-07 PLAINTIFF: NAME and ADDRESS LAWRENCE 0. Fimsil;lir ? , 1221 MIMICH ROAD MECHANICSBURG, PA 17055 <VS. DEFENDANT: NAME and ADOAES5 ` ri oTOR-VATION:: „. 7042` WZRTZVILLE ROAD, MECHANICSBURG, PA 17050 L J Docket No.: CV-0000874-07 Date Filed: 12/21/07 '(Date of Judgment) 5/13/08 /n SEAL 4 Q J O J r.a Q I co C r 10 a d a Johnson, Duffle, Stewart & Weidner By: Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com Attorneys for Plaintiff LAWRENCE O. JENSEN IN THE COURT OF COMMON PLEAS OF 1221 Minnich Road CUMBERLAND COUNTY, Mechanicsburg, PA 17055, PENNSYLVANIA Plaintiff NO. 08-3539 V. CIVIL ACTION - LAW MOTOR-VATION JURY TRIAL DEMANDED 7042 Wertzville Road Mechanicsburg, PA 17050 Defendant NOTICE TO DEFEND 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 YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan m6s adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion Como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacibn o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Wade D. Manley I. D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com LAWRENCE O. JENSEN 1221 Minnich Road Mechanicsburg, PA 17055, Plaintiff V. MOTOR-VATION 7042 Wertzville Road Mechanicsburg, PA 17050 Defendant COMPLAINT NO. 08-3539 CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW, comes the Plaintiff, Lawrence O. Jensen, by and through his counsel, Johnson, Duffle, Stewart & Weidner, P.C., and files the following Complaint, and in support thereof, avers as follows: 1. The Plaintiff, Lawrence O. Jensen, is an adult individual residing at 1221 Minnich Road, Mechanicsburg, Pennsylvania 17055. 2. The Defendant is a Pennsylvania for-profit corporation with a principal place of business located at 7042 Wertzville Road, Mechanicsburg, Pennsylvania 17050. 3. On or about August 15, 2007, the Plaintiff brought his 2003 Polaris Trail Boss Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ATV to the Defendant's place of business for a full service. 4. On that date, the Defendant charged the Plaintiff for an oil change, new oil filter, replacement of transmission fluid, replacement of spark plugs and replacement of a fuel filter. 5. The Defendant charged the Plaintiff $201.68 for that service. 6. Plaintiff paid to Defendant for the oil change and services. 7. Thereafter, Plaintiff transported the ATV to a cabin in Tioga County. 8. Subsequent to the Plaintiffs delivery of the ATV to the cabin in Tioga County, an acquaintance of the Plaintiff attempted to drive the ATV only to discover that the Defendant failed to replace the oil that the Defendant removed during the course of the oil change. 9. Due to the Defendant's failure to replace the oil during the oil change, when the engine was started internal parts of the engine were damaged. 10. Due to the damage of the internal parts of the engine, the ATV's engine needed to be pulled apart and repaired. 11. Plaintiff contacted the Defendant seeking replacement of the engine, which request was denied. 12. The Plaintiff took the ATV with the damaged engine to Hernley's Polaris in Elizabethtown, Pennsylvania where the engine was pulled apart and repaired. 13. Hernley's Polaris charged the Plaintiff $2,081.49 to repair the engine. 14. The Defendant is liable for the cost of repair to Plaintiffs ATV engine, as well as liable for the negligent oil changes in that the Defendant and/or its employees and/or servants failed to properly perform an oil change as requested and paid for and otherwise performed the oil change in a negligent and un-workmanlike manner. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant in the amount of $2,283.17. Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER By: vvadetU. =fy, Esquire I. D. No. 301 Mark S eet P. O. Box 109 Lemoyne, PA 17043 (717) 761-4540 wdm@jdsw.com DATE: tk (5n I W$ 337369 VERIFICATION I, LAWRENCE O. JENSEN, hereby acknowledge that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. "5?7 CERTIFICATE OF SERVICE AND NOW, this-32- day of June, 2008, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: . Motor-Vation 7042 Wertzville Road Mechanicsburg, PA 17050 JOHNSON, DUFFIE, STEWART & WEIDNER By r C.<7 7 r fT1 Heidi F. Eakin, Esquire I.D. No. 43893 Costopoulos, Foster & Fields 831 Market Street/P.O. Box 222 Lemoyne, PA 17043 Phone: 717.761.2121 Fax: 717.761.4031 ATTORNEY FOR DEFENDANT LAWRENCE O. JENSEN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 08-3539 Civil MOTOR-VATION, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Lawrence O. Jensen, Plaintiff c/o Wade D. Manley, Esquire 301 Market Street/P.O. Box 109 Lemoyne, PA 17043-0109 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. BY: ?&h ea-? Heidi F. Eakin, Esquire DATED: July /? 1 2008. Heidi F. Eakin, Esquire I.D. No. 43893 Costopoulos, Foster & Fields 831 Market Street/P.O. Box 222 Lemoyne, PA 17043 Phone: 717.761.2121 Fax: 717.761.4031 ATTORNEY FOR DEFENDANT LAWRENCE O. JENSEN, Plaintiff V. MOTOR-VATION, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-3539 Civil CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW comes the Defendant, Motor-Vation, by and through its attorney, Heidi F. Eakin, Esquire, COSTOPOULOS, FOSTER & FIELDS, and respectfully represents as follows in support of this answer with new matter to the Plaintiff's Complaint: Answer 1. Admitted. 2. Admitted. 3. Admitted. -1- 4. Admitted. By way of further answer, Defendant in fact changed the oil in the ATV, added new oil, installed a new oil filter, fuel filter and spark plug, checked the cv boots, ball joints, tie rods, all lights, adjusted the idle speed, checked the tire pressure, shift linkage, brakes, the a-arm bushings, swing arm bushings, kill switch, battery, battery terminals and charging system, cleaned the air filter, greased the chassis and adjusted the shift linkage, flushed the cooling system, adjusted the chain and test rode. 5. Admitted. 6. Admitted. By way of further answer, Plaintiff paid $201.68 to Defendant for the full service by credit card. 7. Upon reasonable investigation, Defendant is without knowledge or information sufficient to admit or deny the averment contained in this paragraph and, therefore, it is denied. Strict proof demanded at trial. 8. Denied. Defendant specifically denies that it failed to replace the oil in the ATV removed during the course of the oil change. To the contrary, Defendant in fact replaced the oil during the course of the oil change. Strict proof demanded at trial. 9. Denied as stated. Defendant specifically denies that it failed to replace the oil in the ATV removed during the course of the oil change. To the contrary, Defendant in -2- fact replaced the oil during the course of the oil change. Strict proof demanded at trial 10. Upon reasonable investigation, Defendant is without knowledge or information sufficient to admit or deny the averments contained in this paragraph and, therefore, they are denied. Strict proof demanded at trial. 11. Admitted. 12. Upon reasonable investigation, Defendant is without knowledge or information sufficient to admit or deny the averments contained in this paragraph and, therefore, they are denied. Strict proof demanded at trial. 13. Upon reasonable investigation, Defendant is without knowledge or information sufficient to admit or deny the averment contained in this paragraph and, therefore, it is denied. Strict proof demanded at trial. 14. Denied. The allegations contained in this paragraph state legal conclusions to which no response is necessary. To the extent a response is deemed necessary, the allegations are denied. It is specifically denied that Defendant and/or its employees and/or servants failed to properly perform an oil change as requested and paid for and otherwise performed the oil change in a negligent and un-workmanlike manner. To the contrary, Defendant in fact replaced the oil during the course of the oil change. Strict -3- proof demanded at trial. New Matter 15. The answers contained in paragraphs 1 through 14 hereof are incorporated herein by reference as if set forth in their entirety. 16. Plaintiff's Complaint, in whole or in part, fails to state a cause of action against Defendant cognizable under Pennsylvania law. 17. At all times and for all purposes relevant to Defendant's services performed on Plaintiff's ATV, Defendant acted appropriately and in a fashion commensurate with the standard of mechanical care applicable under the same or similar circumstances. 18. Defendant did not negligently perform any services on Plaintiff's ATV or cause any damages to Plaintiffs ATV. 19. Defendant replaced the oil during the course of the oil change on Plaintiffs ATV during the full service. 20. To the extent applicable, or to the extent that it may later become applicable, Defendant pleads the statute of limitations under Pennsylvania law to preserve this affirmative defense for the record. 21. To the extent discovery reveals, Defendant pleads contributory negligence -4- and/or assumption of risk on the part of Plaintiff to preserve these affirmative defenses for the record. 22. To the extent that Plaintiff has sustained any damages as a proximate cause of any alleged negligence, which is specifically denied, any such injury or damage was the result of the acts or omissions of third parties or persons other than Defendant and for whom Defendant is in no way responsible or liable. 23. The full service on Plaintiff's ATV was performed on or about August 15, 2007. On or about October 16, 2007, Plaintiff's agent or representative brought the ATV to Defendant, stated that they had been riding the ATV all weekend and it suddenly would not start, and accused Defendant of having failed to add oil to the ATV some two months earlier. Had Defendant in fact failed to add oil during the full service some two months earlier, which it specifically denies, the ATV would not have run for even ten minutes. WHEREFORE, Defendant, Motor-Vation, based on the foregoing answer with new matter, hereby demands judgment in its favor and against Plaintiff, Lawrence O. Jensen, together with attorney's fees and costs as provided by law. -5- RESPECTFULLY SUBMITTED: Heidi F. Eakin, Esquire I.D. No. 43893 COSTOPOULOS, FOSTER & FIELDS 831 Market Street/P.O. Box 222 Lemoyne, Pennsylvania 17043 Phone: 717.761.2121 Fax: 717.761.4031 ATTORNEY FOR DEFENDANT DATED: July, 2008. -6- VERIFICATION I, Dixie L. Miller, president, Motor-Vation, Inc., state that I have read the foregoing document and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties set forth at 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. BY: Dixie L. Miller President Motor-Vation, Inc. DATED: July , 2008. -7- CERTIFICATE OF SERVICE I, Heidi F. Eakin, Esquire, attorney for Defendant, do hereby certify that a true and correct copy of the foregoing document was served on counsel for Plaintiff by placing same in the United States Mail, first-class postage prepaid, on the below date and addressed as follows: Wade D. Manley, Esquire 301 Market Street/P.O. Box 109 Lemoyne, PA 17043-0109 BY: Heidi F. Eakin, Esquire DATED: July _ f ?, 2008. -8- C? ra Tj; ! M _ r } l?Y ? crt ?** ...? G11 ?7 Cj1 ^ Johnson, Duffle, Stewart & Weidner By: Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 wdm@jdsw.com LAWRENCE O. JENSEN Plaintiff V. MOTOR-VATION Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3539 CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO NEW MATTER AND NOW, comes the Plaintiff, Lawrence O. Jensen, by and through his counsel, Johnson, Duffie, Stewart & Weidner, P.C., and responds to Defendant's New Matter as follows: 15-22. Denied. The averments contained in this paragraph are conclusions of law to which no response is required. If it is deemed that a response is required, the averments contained in this paragraph are specifically denied and strict proof thereof is demanded at the time of trial. 23. Denied. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant in the amount of $2,283.17. Respectfully submitted, By: DATE: 1 Zj o U , DUFFIE, STEWART & WEIDNER Wade D'*'` Manle , sc I. D. No. 87244 301 Market Str P. O. Box 109 Lemoyne, PA 17043 (717) 761-4540 wdm@jdsw.com uire 339188 VER/F/CA T/ON I, LAWRENCE O. JENSEN, hereby acknowledge that I have read the foregoing Answer and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. A a rence O. Jense CERTIFICATE OF SERVICE AND NOW, this il-?daY of July, 2008, the undersigned does hereby certify that he did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Heidi F. Eakin, Esquire Costopoulos, Foster & Fields 831 Market Street P. O. Box 222 Lemoyne, PA 17043-0222 JOHNSON, DUFFIE, STEWART & WEIDNER MkV By: W'm. WadMante ? ?^ ,:- ?': t__N .: . .. °-i ?, . . Y ? ?..... r _k -,, i"_"^ C.,? r: - ... t_. ? ?'v? 4Jw ^w -David D. Bueff Prothonotary Kirk,S. Sohonage, ESQ Solicitor Rfnee X Simpson 1S` Deputy Prothonotary Irene E. Morrow 2i° Deputy Prothonotary Office of the Yothonotary Cumberfand County, Pennsy(vania -3S39 CIVIL TERM ine ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, 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, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carfisle, PA 17013 • (717 240-6195 • Fax (717 240-6573