HomeMy WebLinkAbout08-5035Y
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
C.
COMMON PLEAS No. Q 0- ?D 3 S ct J f l
NOTICE OF APPEAL 4-ct'IK
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.
V8
G y - o aob 24 (?- C) ??
This block will be signed ONLY when this notation is required under Pa.
R.C.P.D.J. No. 1008B.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
son.nre of Pronwnobry, -Dsp*
was Claimant (see Pa. R.
srI
in action
before a District Justice, A COMPLAINT MUST BE FILED within twenty
(20) days after filing the 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.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
(Common Pleas No. Q W"_ ?yJ C?V. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
ure of Ppaant or attomey mr agent
RULE: To Pp r r , appellee(s)
s
(1) You are notified that a rule is hereb ?ht 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.
Dater , 20 io 8- ry or Depw
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANTS COPY
PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE
PRQOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of'appeaL Check applicable boxes.)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; ss
AFFIDAVIT: I hereby (swear) (affirm) that I served
? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on
(date of service) .20 , ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) , on
,20 ? by personal service ? by (certified) (registered) mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF 20
Signature of affiant
Signature of official before whom affidavit was made
Title or official
My commission expires on
20
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'COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CMEBERLAND
Mag. Dist. No.:
09-1-01
MDJ Name: Hon.
C$ARL$S A. CLEMENT, JR
Address: 400 BRIDGE ST
OLDS TOWNE COMMONS -SUITE 3
NEW CUMBERLAND, PA
Telephone: (717 ) 774-5989 17070
UNI-MART
1004 WESELY DRIVE
MECHANICSBURG, PA
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
rABC RECOVERY INC
425 RANGE END RD
AMERICAN LENDERS SVC CO
LDILLSBURG, PA 17019 J
VS.
DEFENDANT: NAME and ADDRESS
rUNI -MART -1
1004 WISELY DRIVE
MECHANICSBURG, PA 17055
L J
Docket No.: CV-0000249-08
17055 Date Filed: 6/13/08
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PLAINTIFF
® Judgment was entered for:
(Date of Judgment) 7/22/08
(Name) ABC RECOVERY INC
71 Judgment was entered against: (Name) UNI-MART
in the amount of $ 469.8
Defendants are jointly and severally liable.
Damages will be assessed on Date & Time
0 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 $_ s y u. U l
Judgment Costs $_ 79.0
Interest on Judgment $ -tea
Attorney Fees $ 00
Total $ 469.81
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 MAGISTERIAL DISTRICT JUDGES, 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 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.
JUL 2 2 2008 Date
I certify that this is a true and correct copy of the record of the p
My commission expires first Monday of January, 2014
Date
AOPC 315-07
District Judge
ings containing the judgment.
, Magisterial District Judge
SEAL
DATE PRINTED: 7/22/08 1:43:00 PM
F Postal Service
TIFIED MAIL,, RECEIPT
stic Mail Only; No Insurance coverage Provided)
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very information visit our website at www.usps.com;a
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Certified Fee I F fj ,
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C3 Return Receipt Fee $2- 20 Here
C3 (Endorsement Required) t+a
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TIC E OF APPLEAL A ND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.)
COMMONWEA H OF PENNSYLVANIA
COUNTY OF z44 /_ 9A ; ss
AFFIDAVIT- I hereby (swear) (affirm) that I served
a copy of the Notice of Appeal, Common Pleas n Q upon the District Justice designated therein on
(date of service) 20 4% Q CC by personal service ? by (certified) (registered) mail,
sender's receipt atta& ed rie , and Upon X appellee, (name) 6AC on
204 ? by personal service' fZI by (certified) ( istered) mail,
sender receipt attached hereto.
(SWORN) (AFFIRMED) ANDS BSCRI ED BEFORE ME
THIS ,.L f-" DAY OF _ .20 OF
Signature of official bebre whom affidavit was made f v
rip bay A016AaA-V
Title of official /
My commission expires on J u A Ja !?j Y , 20
Sign ure of avant
}4??? ?}w?d?
j-7 Iys a 7 L )Oq
NOTARIAL SM
PROTHONOT? NOTARY FMW
CARLISLE
EVIRES ARRY4 . 201
GUMMUNYYEAL I" UP PENNS
COURT OF COMMON PLEAS
Judicial District, County Of
if appeftnt
COMMON PLEAS No. ..a .f `., k
NOTICE OF APPEAL
Notice is given that the appellant has fated 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.
- ! -
rs
G V -- D 00 2-4 9- ,
This block will be signed ONLY when this notation is mired under Pa.
R.C.P.D.J. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
R.C.P.D.J.
before a District Justice, A COMPLAINT MUST BE FLED within twenty
(20) days after AWV the NOTICE of APPEAL.
Say W-dP-M-Ofoy-D"
PRAECIPE TO ENTER RULE TO FILE COMPLAWT AND RULE TO FILE
(This section of form to be used ONLY when appeflant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before O tfict Justice. IF
NOT USED, detach from ropy of notice of appeal to be served upon appe/foe.
PRAECIPE: To Prothonotary
Enter rule upon
appellee(s), to file a complaint in this appal
(Common Pleas No. ^" u a 04, ) within twenty (20) days after service of rile or suffer entry of judgment of non pros.
off fNoraH1-Y-agent
RULE: To , appellee(s)
(a
(1) You are notified that a rile is her tared 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 cetttlied or registered mail.
(2) If you do notAwa;'compleintoithin this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) , . The date of service of this rule if service was by mad the date of the trailing.
?y ?Y r
Date: ,? . 20 ? 6
Profleoraorary w ?P++fY
YOU MUST 1fCLUDE A COPY` OF THE NOTICE OF JU NTrrRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
WHrrE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN COURT FILE YELLOW- APPELLANrS COPY
PINK - COPYTO BE SEtt D ON APPELLEE GOLD- COPY TO BE SERVED ON DISTMa JUSTICE
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
ABC RECOVERY, INC., NO. 08-5035 CIVIL TERM
d/b/a AMERICAN LENDERS
SERVICE CO. OF HARRISBURG
425 Range End Road
Dillsburg, PA 17019
Plaintiff,
V.
UNI-MART
1004 Wesley Drive
Mechanicsburg, PA 17055
Defendant
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 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 BAR ASSOCIATION
Lawyer Referral and Information Service
800-990-9108
AVISO
Le han demandado a usted en la corte. Si usted quiere defenderse do estas demandas expuestas en las
paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace
falta asentar una comparencia escrita o con un abogado v entregar a la corte en forma escrita sus objeciones a las
demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede
continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del
edemandante y requiere que uested compla con todas las provisioner de esta demanda. Usted puede perder dinero o
sus propiedades u otros derechos importantes pare usted.
LLEVE ESTA DEMANDA A UN ABOGADO 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 ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
Lawyer Referral and Information Service
800-990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
ABC RECOVERY, INC., NO. 08-5035 CIVIL TERM
d/b/a AMERICAN LENDERS
SERVICE CO. OF HARRISBURG
425 Range End Road
Dillsburg, PA 17019
Plaintiff,
vi.
UNI-MART
1004 Wesley Drive :
Mechanicsburg, PA 17055
Defendant
COMPLAINT
AND NOW, this 28 h day of August, 2008, comes the Plaintiff, ABC Recovery, Inc.,
d/b/a American Lenders Service Company of Harrisburg, wherein the following is a statement,
to wit:
1. Plaintiff, ABC Recovery, Inc., d/b/a American Lenders Service Company of
Harrisburg, is a professional corporation duly licensed in the Commonwealth of Pennsylvania,
with its principal place of business located at 425 Range End Road, Dillsburg, Pennsylvania,
17019.
2. Defendant, Uni-Mart, is a franchise owned and operated by a private dealer, with its
place of business as 1004 Wesley Drive, Mechanicsburg, Pennsylvania, 17055.
3. On Thursday, May 29, 2008, at exactly 11:15 a.m., Plaintiff filled their company
owned vehicle, a 2007 Toyota Yaris, with 10.25 gallons of gas, which Plaintiff purchased at
Defendant's business. A copy of the credit card transaction evidencing same is attached hereto
as Exhibit "A".
4. Plaintiff's fuel tank capacity on said vehicle is 11.1 gallons; therefore, Plaintiff had
less than one (1) gallon of gas when Plaintiff filled said vehicle.
5. After leaving Defendant's business and driving approximately 100 miles that same
days, Plaintiff began experiencing problems with the vehicle. Ultimately, said vehicle broke
down and Plaintiff had to have it towed to Bobby Rahal Toyota, the place where the vehicle was
purchased, in Mechanicsburg, Pennsylvania.
6. Upon servicing the vehicle, the service department at Bobby Rahal Toyota
determined the gas they tested out of the vehicle had "excessive moisture in it." A copy of the
statement issued by Bobby Rahal Toyota is attached hereto as Exhibit "B".
7. Despite numerous requests by Plaintiff to Defendant, to pay for said repairs to the
vehicle, Defendant refused.
8. On June 13, 2008, Plaintiff, because of Defendant's refusal to pay for the
repairs to Plaintiff s vehicle, filed a civil complaint with District Magistrate Charles A. Clement,
Jr. A copy of said complaint is attached hereto as Exhibit "C".
9. On July 18, 2008, a hearing was held at District Magistrate Charles A. Clement, Jr.'s
office. On July 22, 2008, the Honorable Charles A. Clement, Jr., entered judgment in favor of
the Plaintiff and against the Defendant in the amount of $469.81, the amount of the repairs to
said vehicle plus Plaintiff's filing fees. A copy of said judgment is attached hereto as Exhibit
«D",
10. On August 21, 2008, Defendant filed a Notice of Appeal with this Honorable Court
and a Praecipe to Enter Rule to File Complaint and Rule to File was subsequently mailed to the
Plaintiff.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment
against the Defendant in the amount of $469.81 plus costs to the extent permitted by applicable
law.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
ABC RECOVERY, INC.,
d/b/a AMERICAN LENDERS
SERVICE CO. OF HARRISBURG
425 Range End Road
Dillsburg, PA 17019
Plaintiff,
NO. 08-5035 CIVIL TERM
vii.
UNI-MART
1004 Wesley Drive
Mechanicsburg, PA 17055
Defendant
VERIFICATION
I, Brett Paxton, hereby state that I am the Plaintiff in the above action, and do hereby
confirm that the statements made in the foregoing Civil Action Complaint are true and correct to
the best of my knowledge, information and belief. The undersigned understands that the
statements therein are made subject to the penalties
falsification to authorities.
Date:
www.exxonomblibusiness-amountonllne.com
ACCOUNT NUMBER INVOICE NUMBER PURCHASE LINE
7187 6000 00113164 7187800000113164806 1500
TOTAL TRANSACTIONS PURCHASE AVAILABILITY
10 1,074
Pepe 1 of 2
Mobil
CARD TRANSACTION PROD TRANSACTION TRANSACTION DESCRIPTION/ LOCATION TOTAL
NUMBER DATE TIME NUMBER AMOUNT
06-05 PAYMENT - THANK YOU 486.02 OR
002 05-23 08:35 REG OAT3830 RT 15 S.DILLSBURG PA 49.31
12.887 CAL UNLEADED REGULAR $49.31
002 05-23 12:41 REG OAT6197 RT 15 S DILLSBURG PA 36.10
9.376 CAL UNLEADED REGULAR $36.10
002 05.28 09:17 REG PIIJ2693 805 W LISBURN RD MECHANICSBURG PA 48.92
12.384 CAL UNLEADED REGULAR $48.92
002 05-29 11:15 REG LK59697 1004 WESLEY DR MECHANICSBURG PA 40.70
10.251 GAL UNLEADED REGULAR $40.70
002 06-09 17:46 REG P1J3937 805 W LISBURN RD MECHANICSBURG PA 46.00
11.302 CAL UNLEADED REGULAR $46.00
002 06-13 17:24 REG OAT7326 RT 15 S DILLSBURG PA 35.00
8.868 GAL UNLEADED REGULAR $35.00
002 06-16 16:16 REG OAT5732 FIT 15 S DILLSBURG PA 43.10
10.602 GAL UNLEADED REGULAR $43.10
TOTAL CARD 002 299.13
181SP 06-03 10:06 REG MNW6937 620 CAMERON STREET SOUTH HARRISBURG PA 49.21
12.395 CAL UNLEADED REGULAR $49.21
1818P 06-09 11:31 REG PBS5663 WALNUT & GREEN STS MECHANICSBURG PA 35.84
8.982 GAL UNLEADED REGULAR $35.84
181SP 06-16 11:25 REG PB82805 WALNUT 8 GREEN STS MECHANICSBURG PA 41.42
10.227 CAL UNLEADED REGULAR $41.42
PREVIOUS BALANCE PAYMENTS / CREDITS PURCHASES/ DEBITS RNANCE CHARGE LATE FEE NEW BALANCE
486.02 486.02 OR 425.60 .00 .00 425.60
CLOSING DATE ANNUAL PERCENTAGE RATE TO AVOID ADDITIONAL FINANCE CHARGE, PAYMENT OVERLIMIT AMOUNT MINIMUM PAYMENT DUE
06-20-08 19.99% OF NEW BALANCE MUST BE RECEIVED BY 07-12-08 .00 12.76
SCHEDULE OF FINANCE CHARGES
1 DAILY •
PERIODIC RATE CORRESPONDING
APR MINIMUM
flNANCE CHARGE BALANCE SUBJECT
TO FINANCE CHARGE PERIODIC RATE
FINANCE CHARGE DAYS IN
CYCLE
PURCHASE
1 .05476 % (D) 19.99% .00 .00 .00 30
6951 9416 LNG 1 7 15 9596Z9 9383 8023 EN02 2921
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION PLEASE KEEP THIS PORTION FOR YOUR RECORDS
0002921
SEND INQUIRIES TO:
CREDIT CARD CENTER
P.O. BOX 000841
DES MOINES, IA 50366.8841
TELEPHONE: 14800-!08-0808
FAX: 144e-633-OM
XOMFLETILNG
ON Mobil NUBERT 7187 6000 0011 3164 DATE "G 06-20-08
Business Card BALLANCE: 425.60 PAYMENT: 12.76
PROCESSING CENTER 0-71 INVOICE 87600000113164606
PO BOX 688938 p NUMBER:
DES MOINES, IA 50368-8938 PLEASE MAKE ECK PAYABLE TO EXXONMOSIL
RETURN THIS PORTION WITH YOUR CHECK
DICATE ACCOUNT NUMBER ON YOUR CHECK
IIIIII(IIIIIIIIIIIIII(IIIIIII(I(IIIIIIIII(IIIIIIIIIIIIIIIIIIII IN
15
0002921 15 0 N 7 172081 1 RE88
? CHECK BOX FOR ADDRESS ALSCO OF HARRISBURG
CHANGE ON REVERSE SIDE DWAYNE POPE
425 RANGE END RD
DILLSBURG PA 17019-1571
?n1IIIn1I??nnnli?llnnllllllll?nllln??I1In?1?n?iu1?
016 7187600000113164 0042560 0001276 0048602 1517
vi it
A
al Toyota Scion
6305 Carlisle Pike
Mechanicsburg, Pa. 17050
Phone (717) 691-0500
www.bobbyrahal.com
CELL: 717-432-710(
"E"" NU 1078bZ--
1
Me Reider 140
-W/06/08
-x" 938226
ABC Rkovegy
" :'m
" 207
"A1EA4E
32 , 343
1fLvER STRE
'°799
425 RANGE END RD
PA 17019
DILLSBURG ?YARZ.S/4DR SIM f'Q7 43
-
, ' "" ' B T 9 0 3 8 7 1 1 5 9 7 3 8 ' ° FROmcfm Wm
F. T. E. NO. P. 0. Na R-6M9/08 REPRINT# 2
TXT M0: 32343
- ..............................................................................
1 14TOZZDIA DIAGNOSIS TECH(S):1383
316.00
Y01
CUSTOMER STATES CEL IS ON. ALSO NOTICED WHEN ACCELING
THE VEHICLE WILL HESITATE TO GO. fOr ChooSli1
g
CUSTOMER STATES THIS HAPPENED AFTER FILLING UP WITH
USI 8bbby t 4,
NG TECHSTREAM CHECK FOR CODES PO300,PO301.PO303. AND
P0304. ALL CODES ARE FOR CYLINDER MISFIRE. CHECK SPARK for servliing your
PLUGS. OK. CHECK GAS FOUND GAS TO HAVE EXCESSIVE MOISTURE
IN IT. DRAIN TANK ADD FRESH FUEL. VEHICLE RUNS MUCH vehicle. Our 011r11'C
BETTER. TEST DRIVE LONG TERM FUEL TRIM IS 43.7%. CHECK
CODES NOW HAVE P0171 SYSTEM TOO LEAN. P0300.PO301 AND
stW works hard
P0303 ALL MISFIRE CODES. TECH STATES MOISTURE IN FUEL
HAS DAMAGED THE AIR FUEL SENSOR.
to 0"&1e' San YOU
TECH REPLACE A/F SENSOR LT FUEL TRIM STILL HIGH. TECH
REINSTALLED OLD SENSOR. TECH SUSPECTS RESTRICTION IN 1W 5a44f8i1
FUEL INJECTORS.
RUN PRESSURIZED FUEL INJECTION CLEANER THRU VEHICLE.
LT FUEL TRIM IS NOW -1.6X. TECH NOTES IF MISFIRE CODES
ThankYOuAgalni
WOULD RETURN HE SUGGESTS TO REPLACE THE SPARK PLUGS.
TOTAL - LABOR 316.00
'ARTS ------ QTY---FP-NUMBER --------------- DESCRIPTION ....................UNIT PRICE- Dan Taylor
IOB # 1 1 00289.IPF14 PRESSURIZED EFI 1 20.62 20.62
(717) 6914590
TOTAL - PARTS 20.62 .
,
i.O.G. & SUPPLIES ....................................... .......---------......
IOB # 1 7.7 GAS @ 4.165 /UNIT
32.07
Visit
TOTAL - GOG 32.07
.............. wwwbobbyrahal.com
:STIMATE .............................................................
:USTOMER HEREBY ACKNOWLEDGES RECEIVING for your next
y
ORIGINAL ESTIMATE OF $85.00 (+TAX)
APPROVED REVISED ESTIMATE (# 1) OF $158.00 (+TAX) ON 06/03108 AT 09:08am sCr`ViC?
!Y DWAYNE COMMENTS DRAIN FUEL TANK.
IPPROVED REVISED ESTIMATE 12) OF $517.00 (+TAX) ON 06/03/08 AT 09:10am Appointment!
1Y DWAYNE COMMENTS REPLACE A/F SENSOR
:OMMENTS ............................................................................
CROP EST 85.00+TX FLJ 05.29.08
SAGE 1 OF 2 CUSTOMER COPY (CONTINUED ON NEXT PAGE) 11:34am
Eyk 1'6) "/ $FWi2%0 1030 41
Bobby Rahal Toyota Scion
60 6305 Carlisle Pike
Mechanicsburg, Pa. 17050
TOVOTA Phone (717) 691-0500
sc?or? www.bobbyrahal.com
CELL: 717-432-7100
`x'EW NO, JLU/bbz Reider 140 , TAO NO /08 'NT 938226
ABC `RECOVERY
32 , 343
O%'LVER STRE
`'5°799
425
E
RANGE
ND RD
DILLSBURG, PA 17019 /YAftIS/4DR SON /07 43
" rL D-B 7 9 0 3 8 7 1 1 5 9 7 3 8 3/J?F`J RN°. 7pN0"
F.CEflp. ea NO. n.6mg/08
,,, LL REPRINT# 2
Mo: 32343
THANK YOU FOR YOUR BUSINESS. TOTAL LABOR....
TOTAL PARTS 316.00
.... 20.62
TOTAL SUBLET...
TOTAL G.O.G.... 0.00
32.07
fr elooSII
. g,
TOTAL MISC CHG.
TOTAL MIS
S 0.00 ` RAW
C DI
C 0.00
TOTAL TAX...... 22:12 fog' servicing your
TOTAL INVOICE $ 390.81 vehicle. Our entire
staff works hard
to male sure you
ark lOp°1b sat fl d.
CUSTOMER SIGNATURE ThankYouAgafn!
I, PAGE 2 OF 2
CUSTOMER COPY
Dan Taylor
(717) 691-0500
visit
www.bobbyrahal.com
for your neat
service
Appointment!
[ END OF INVOICE ] 11:34am
SF601235 0 103041
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: Cumberland
Magisterial District Number:
09-1-01
MDJ Name: Hon.
Charles A. Clement, Jr.
Address: 400 Ridge Street
Suite 3
New Cumberland, PA 17070
Telephone: (717)774-5989
AMOUNT DATE PAID
FILING COSTS $
POSTAGE $
SERVICE COSTS $
CONSTABLE ED. $
TOTAL $ 79.00
CIVIL COMPLAINT
PLAINTIFF: NAME and ADDRESS
ABC Recovery, Inc. d/b/a
American Lenders Service Co.
425 Range End Road
Dillsburg, PA 17019
VS.
DEFEN
F DANT: NAME and ADDRESS
Uni-Mart
1004 Wesley Drive
Mechanicsburg, PA 17055
Docket No.:
Date Filed:
Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party.
TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for 5390.81 together with costs
upon the following claim (Civil fines must include citation of the statute or ordinance violated):
On Thursday, May 29, 2008 at exactly 11:15 am Plaintiff filled their company owned vehicle, a 2007 Toyota Yaris,
with 10.25 gallons of gas from Defendant's gas station. Plaintiff has an Exxon/Mobile Business Fuel Card in which
they used to purchase the gas. Plaintiffs fuel tank capacity is 11.1 gallons, therefore, Plaintiff had less than one (1)
gallon of gas in his vehicle when he filled up. After driving approximately 100 miles that same day after leaving
Defendant's gas station, Plaintiff began experiencing trouble with the vehicle. The vehicle subsequently broke down
leaving the Plaintiff sitting along the side of Route 581 in Cumberland County. Plaintiff had the vehicle towed to
Bobby Rahal Toyota Scion located in Mechanicsburg, Pennsylvania. Upon servicing the vehicle, Bobby Rahal Toyota
Scion determined the gas they tested out of the vehicle had "excessive moisture in it'. Plaintiff had the vehicle fixed
Please see attached continuation.
I, Brett Paxton. Owner of ABC Recovery. Inc verify that the facts set forth in this complaint are true and correct to the
best of my knowledge, information, and belief. This statement is made subject to the penalties ;/* ction 4904 of the Crimes
Code (18 PA. C.S. § 4904) related to unworn falsification to authorities. 1-?
Plaintiff's ' L--,
Attomey: Pro Se Address: 425 Range d Road
Telephone: (717)432-7100 Dillsburg, P 17
IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD SO NOTIFY THIS OFFICE IMMEDIATELY AT THE
ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO,
JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT.
If you have a claim against the plaintiff which is within magisterial district judge jurisdiction and which you
intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days
before the date set for the hearing.
If you are disabled and require a reasonable accommodation to gain access to the Magisterial
District Court and its services, please contact the Magisterial District Court at the above address
or telephone number. We are unable to provide transportation.
AOPC 308A-05 %I C. //
Continuation of Complaint
by Bobby Rahal Toyota Scion and was charged $390.81. This work performed by Bobby
Rahal Toyota Scion was not covered under warranty due to the fact that the malfunction
of the vehicle was not due to the vehicle or any part thereof being defective. Therefore,
Plaintiff had to pay the sum of $390.81. Please see attached Exhibit "A" which is the
statement of explanation of malfunction from Bobby Rahal Toyota Scion along with the
accompanying invoice. Despite a telephone call to Defendant and a visit to Defendant's
gas station, Defendant continues to refuse to pay said invoice. Therefore, Plaintiff is
seeking the sum of $390.81 from the Defendant.
.n
o?
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: C>WERLA W
Mag. Dist. No.
09-1-01
MDJ Name: Hon.
CHARLES A. CLEMENT, JR
Address: 400 BRIDGE ST
OLDS TOME COMONS -SVITE 3
NZK CUMBERT-A P]?
Teieovne: (717) 774-5989 17070
NOTICE OF JUDGMENT/TRANSCRI
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
rnsC RECOVERY INC
425 RANGE END RD
AMERICAS LENDERS SVC CO
LDILLS3=G, P!1 17019
VS.
DEFENDANT: NAME and ADDRESS
r -Jl1XRT
1004 VESELY DRIVE
1ZCNANICSBVRG, PA 17055
DIfII -KART L
1004 VESELY DRIVE Docket No.: CV-0000249-08
MCHIINICSSURG, PA 17055 Date Filed: 6/13/08
THIS IS TO NOTIFY YOU THAT:
FOR ?T'IFF (Date of Judgment) 7/22/0.8.
-
-- - -- - - Judgment:
® Judgment was entered for: (Name) ABC RECOVERY INC
Judgment was entered against: (Name) UNI-KART
in the amount of $ 469.8
Amount of Judgment $ 390.8
Defendants are jointly and severally liable. Judgment Costs $79.6
Damages will be assessed on Date & Time Interest on Judgment $ -?
Attorney Fees $
This case dismissed without prejudice. Total $ 469.8
Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Post Judgment Credits $
$ Post Judgment Costs $
Portion of Judgment for physical damages arising out of
residential lease $ 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 COMMON PLEAS, ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDG
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.
JUL 2 2 2000 Date
I certify that this is a true and correct copy of the record of the p
Date
My commission expires first Monday of January, 2014
_-, Magisterial District JL
containing the judgment.
, Magisterial District Judge
SEAL
AOPC 315-07 n i t D /?
&? piRT>?rxn! 7/22/08 1:43:00 P1fi
or - I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
ABC RECOVERY, INC., NO. 08-5035 CIVIL TERM
D/b/a AMERICAN LENDERS
SERVICE COMPANY OF HARRISBURG :
425 Range End Road
Dillsburg, PA 17019
Plaintiff,
V. :
UNI-MART
1004 Wesley Drive
Mechanicsburg, PA 17055
Defendant
MOTION TO WITHDRAW COMPLAINT
rd
AND NOW, this 3 day of _Fe? roo. F , 2009, comes the Plaintiff,
ABC Recovery, Inc., d/b/a American Lenders Service Company of Harrisburg, and states
the following, to wit:
1. On or about September 5, 2008, Plaintiff filed a civil complaint against the
above-captioned Defendant.
2. Plaintiff wishes to withdraw said Complaint.
WHEREFORE, Plaintiff respectfully requests this Honorable Court dismiss
the Complaint filed September 5, 2008.
submitted,
`'Brett A.' Paxton,
Pro Se
-- `-? --i
{'? ? "tit ?.-
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c,rti
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...-- -
_- °1?1
..r;.
Z 6 zone ? `?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
ABC RECOVERY, INC., NO. 08-5035 CIVIL TERM
D/b/a AMERICAN LENDERS
SERVICE COMPANY OF HARRISBURG
425 Range End Road
Dillsburg, PA 17019
Plaintiff,
vi.
UNI-MART
1004 Wesley Drive
Mechanicsburg, PA 17055
Defendant
ORDER OF COURT
AND NOW, this day of /->I .--eA , 2009, the
complaint filed by Plaintiff on or about September 5, 2008 is hereby dismissed. d?r?? ?•.?. d
9
r-P
ES
F
?J
.?. f
i
0-41
ABC RECOVERY, INC.,
d/b/a AMERICAN LENDERS
SERVICE CO. OF HARRISBURG
425 Range End Road
Dillsburg, PA 17019
Plaintiff,
VS.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 08-5035 CIVIL TERM
UNI-MART
1004 Wesley Drive
Mechanicsburg, PA 17055
Defendant
: CIVIL ACTION - LAW
PRAECIPE TO DISCONTINUE ACTION
TO THE PROTHONOTARY:
Please mark the above-action discontinued as to all Defendants.
Respectfully submitted,
Date: 'Z3 9
BRIAN C. L NBACH, ESQ. (87360)
Attorney for Plaintiff
SCHRACK & LINSENBACH LAW OFFICES
124 West Harrisburg Street
P. O. Box 310
Dillsburg, PA 17019
Telephone: 717-432-9733
Fax: 717-432-1053
39MN H. PIETRZAK, 'ESO.
Attorney for Defendant
REAGER & ADLER, PC
2331 Market Street
Camp Hill, PA 17011
Telephone: 717-763-1383
Fax: 717-730-7366
r-4