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HomeMy WebLinkAbout09-1143At -w,, COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. C? `/ J C?rll I 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 referenced below. tnrK? F: c h v r r 1 'r otrl, mar f. r\ ADDRESS OF APPELLANT CI STATE ZIP CODE U ' ATE OF JUDGMENT IN THE tASE OF (Plaint' (Defended), r 0 c 1 DOCKET No. SIGNATURE OF APPELLANT OR ATTORNEY OR AGENT C Voaab &137 - 08' This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.G?WD.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. 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 Prothonotary 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 Name of appellee(s) appellee(s), to file a complaint in this appeal (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 WHITE - COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW - APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST\RE FILED W]'THIN TEN,,(1,4)DAYS AFTER filing of the notice of appeal. Cheep epplrcable 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 of official My commission expires on 20 ra . a, (D T1 C-n T U r-- ?r 't ? l/' ? r co COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CU111WERLANn Mag. Dist. No.: 09-3-05 MDJ Name: Hon. MARK MARTIN Address: 507 N YORK ST MECHANICSBURG, PA Telephone: (717 ) 766-4575 17055 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rBICKHOFF, MARK F -_1 501 WINDY BILL RD LOT 17 LSH88MANS DALE, PA 17090 J VS. DEFENDANT: NAME and ADDRESS IDRIMLER, DNAYNS 1655 STROUP CIRCLE MECHANICSBURQ, PA 17050-6626 MARE F. ZXCKHOFF L J 501 WINDY HILL RD Docket No.: CV-0000437-08 LOT 17 Date Filed: 12/22/08 SHERMANS DALE, PA 17090 THIS IS TO NOTIFY YOU THAT: DZXMLZR, DWAYNS DBF 001 Judgment: DISMISSED W/O PREJUDICE (Date of Judgment) 2/11/09 Judgment was entered for: (Name) Judgment was entered against: (Name) in the amount of $ ? Defendants are jointly and severally liable. Damages will be assessed on Date & Time ® 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 $ .00 Judgment Costs $ .00 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ .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 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`C?OMMON'PLEA S,`ANYONE"INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY, OF SATISFACT10N WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS N` FULL, `SETTLES; OR OTHERWISE COMPLIES'WITH'THE"JODGMENT. Date. Magisterial District Judge lj- 'A certify that this is a'true and correct copy of the' record of the proceedings containing the judgment. Date , Magisterial District Judge My commission expires first Monday of January, 2012 SEAL AOPC 315-07 T1190M 0111TWrVn: 2/11/04 10z29200 AM e sa, r 4r ::, .? 1 v 0.42 ows- - C3 E n m 42.70 ti??13,99 :Pr71` •c 'l 61 Q tui Rece u = 12.21 Q O arkg zf (E int. On it Re?? it=..) ? *ilil O w " ? +.ca I s ri tec Re( u r Ofj C3 (E 'rra >m I Rect " i ? Q g g m ru c1 '0,- ge & Fee $5.32 rY7 x t - -- - - - 75 A O ------------------ 3 ('Z or ) Box A 1 ---- ----------------------------- - ----- _y P00OF OF SERWCE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAINT (This proof of sei"0e dt '.IST BE FILED WITHIN I Flo' (I Q) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF &.r_&w? trifM OL ; ss AFFIDAVIT: i hereby (swear) (affirm) that 1 served YL1 a copy of the Notice of Appeal, Common Pleas Of-11Y3, upon the District Justice designated therein on (dote of service) '*/1 1L, &I 20 X by personal service ? by (certified) (registered) mail, s~s receipt attach d hereto, and upon the appellee, (name) A `IP, 7 yN`? on ,20 ? by personal service by (certified) (registered) mail, sendees receipt attached hereto. (SWORN) JAFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF Wi.c,4J, 20051. Signi a re official before **am 'e irffidavir was made {L.Y? Titlof cial Signature of afflant My commission expires on /-6y 20/0 ? Y PUBLlq TWIX MOR ON 0WRMSE Ya,2o1o COURT OF COMMON PLEAS Judicial District, County Of DISTRICT JUSTICE JUDGMENT ` J COMMON PLEAS No. "'t d NOTOF APMAL Notice is given that the appellant has filed in the above Court of Gammon Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. nrwic yr errc?.?n?. ? w. • - v. .... r ftrK. I c:c It 1iu r- r- ?'3 "' 1^ncxrk morQ+, rN . I I** a 'i R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDERS to the judgment for possession in this code. so-ft- of Red-owyWoeow NOTICE OF APPEAL FROM was in before a District Jude, A COMPLAINT MUST BE FILED within twenty (20) clays after filing the NOTICE of APPEAL. PRAECIPE TO, ENTER RULE TO FILE GOMPLAiNT AND RULE TO FILE (This section of form to be used ONLY wherti_,pppeflant 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 appto be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to Is a complaint in this appeal Noma of appeles(s) (Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of just of non pros. svnatwe of sposawt or attorney or agent RULE: To appellee(s) Name of appeNae(s) (1) You are notified that a rule is hereby entered upon you to the a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by c~ or real6twed mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NUN 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 Sgnettse of t+t Monaxiy of Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JU . MII A CRIPT FORM iIYI'I<'I? 1NtS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW -APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON Dtt3TRtCT JUSTICE New Text Document Commonwealth of Pennsylvania Court of Common Pleas Judicial District, County of Cumberland Common Pleas No. 09-1143 civil Plaintiff. Mark F. Eickhoff 1001 Apple Drive Mechanicsburg, PA 17055 VS. Defendant: Dwayne Deimier 3820 Mountain View Road Mechanicsburg, PA 17050 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 we 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 wRhoutr you and a judgement 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 can not 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, Pa Telephone: 717-249-3166 Page 1 a, Untitled COMPLAINT Eickhoff vs. Deimler Common Pleas No. 09-1143 civil And now, this 17th day of March 2009, comes Mark F. Eickhoff, the plaintiff, brings this action against the defendant in the above-entitled case to recover the sum of five thousand dollars($5,000) that is justly die and payable to the plaintiff upon a cause of action whereof the following is a statement: 1.The plaintiff, an individual, resides at 1001 Apple Drive in the city of Mechanicsburg, county of Cumberland, Commonwealth of Pennsylvania 2. The defendant, Dwayne Deimler, is an individual, a resident of the county of Cumberland, Commonwealth of Pennsylvania, living at 3820 Mountain View Road, mechanicsburg,Pennsylvania, and was at the time of entering into the sale hereinafter referred to, and prior and subsequent thereto, engaged in the business selling a motorcycle. 3. On the third day of April 2008, the plantiff and the-defendant entered into a sales agreement in wrinting, a true and correct copy of which is hereto attached, made a part hereof, and marked Exhibit W, by which the defendant agreed to sell and deliver to the plaintiff on the third day of April 2008, the following described goods: 1999 Honda Shadow 600cc at the price of $1,700., to be paid for on delivery. 4. on said third day of April, 2008 the plaintiff received the motorcycle and had paid for it 5. As of the 17th day of March 2009 the defendant has yet to produce a title for said motorcyle 6. By reason of the defendants failure to deliver the title as aforesaid, the plaintiff was compelled to store the motorcycle at his expense prevailing on or about the third day of April 2008 amounting in all to the sum of $5,000. 7. By reason thereof the defendant has be damaged to the sum of$5,000., being the difference between the sale price of $1,700. at which the defendant agreed to furnish the title 8. the plaintiff has often demanded the title, but the defendant has not produced said title or anypart thereof. Wherefore, there is due and owing by the defendant to the plaintiff the sume of five thousand dollars ($5,000.) Hence this suit. Mark F. Eickhoff, Plaintiff Page 1 jo u16m, .;A mu? amttw a4 (oil aWg. +n 911co.s. K'*A1:TH OF FENWVIL O > ?iFaTlpnl CRMENTWL & ;;?7 ?llof ) , V/?? 0" ilt /745n Qho- (S ELI?: 07/UM KAU: Pic," ice; x998_ 1li9! 1?C =0 WO: Ab281 110x6 0!44611=ad1 ` I hweby wkmwkdye this day that I have received notice d the pwbww d SecUon 3708 of the Vehicle Code. DWAYNE DEJOLER,& RICHARD ?LON 3420 NO; -A - IN VIEW RD IlECH1?'S,URG PA 1708 ",?`., , e your address ar14i °e act: www.state.pa.us Pa Keyavord "DMV". r-n M F 5 .' y6 T ? rn ,I - 1 4 1 F:IDOCSTMANSOeimler.Dwayne - ANS & CC and VERIFICATION.wpd DAVID H. STONE, ESQ ATTORNEY ID NO. 39785 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR DEFENDANT MARK F. EICKHOFF, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 09-1143 CIVIL DWAYNE DEIMLER, : CIVIL ACTION - IN LAW Defendant DEFENDANT'S ANSWER AND NOW, comes the Defendant, Dwayne Deimler, by and through his attorneys, Stone LaFaver & Shekletski, and files the following answer to Plaintiff's complaint, averring as follows: 1. Admitted. 2. Denied. It is denied that Dwayne Deimler resides at 3820 Mountain View Road, Mechanicsburg, Pennsylvania. It is further denied that Defendant, Dwayne Deimler, was engaged in the business of selling a motorcycle. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof is hereby demanded at time of trial. 3. Denied. It is denied that Plaintiff and Defendant entered into a sales agreement. It is further denied that any copy of said sales agreement was marked as Exhibit "A" and attached to the complaint. It is further denied that Defendant signed any sales agreement to sell Plaintiff this alleged motorcycle. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof is hereby demanded at time of trial. 4. Denied. It is denied that Plaintiff received a motorcycle nor paid for it. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof is hereby demanded at time of trial. I J 5. Admitted and Denied. It is admitted that Defendant has not produced a title for said motorcycle. It is denied that Defendant is required to produce a title for said motorcycle, in as much as Defendant did not sell a motorcycle to the Plaintiff. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof is hereby demanded at time of trial. 6. Denied. It is denied that Plaintiff was compelled to store any motorcycle at his expense. It is further denied that rent for such storage amounted to $5,000.00. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof is hereby demanded at time of trial. 7. Denied. It is denied that the Plaintiff has been damaged to the sum of $5,000.00. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof is hereby demanded at time of trial. 8. Denied. It is denied that the Plaintiff has often demanded the title. To the extent that the allegations of the corresponding paragraph constitute legal conclusions, the same are deemed to be denied without further response pursuant to the applicable Pennsylvania Rules of Civil Procedure. To the extent that the allegations of the corresponding paragraph constitute factual averments, the same are deemed to be denied due to the fact that after a reasonable investigation, Defendant is without sufficient information or knowledge to form a belief as to the truth or falsity of such allegation. Proof is hereby demanded at time of trial. WHEREFORE, Defendant prays upon this Honorable Court to enter judgment in his favor and against Plaintiff, award costs, attorney fees, and any other relief as this Court deems just and proper. STONE LaFAVER & SHEKLETSKI Date: V2y-rTc 414 Bridge Street, P.O. Box E New Cumberland, PA 17070 Telephone 717-774-7435 Attorneys for Defendant 4 VERIFICATION Dwayne Deimler states that he is the Defendant named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief, and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DWA E DEIMLER At-? Date: _q-- 2 "L/-11 t ) r a CERTIFICATE OF SERVICE I, David H. Stone, of the law firm of Stone LaFaver & Shekletski, attorneys for Defendant, Dwayne DAVID H. STONE, ESQ ATTORNEY ID NO. 39785 414 BRIDGE STREET NEW CUMBERLAND PA 17070 (717) 774-7435 ATTORNEY FOR DEFENDANT MARK F. EICKHOFF, Plaintiff VS. DWAYNE DEIMLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1143 CIVIL CIVIL ACTION - IN LAW Deimler, do certify that on this date I served the within Answer and Counterclaim to Complaint by Regular U.S. Mail at the below address: Mark F. Eickhoff 1001 Apple Drive Mechanicsburg, PA 17055 DATE: Oc T 1099 APR 24 FIN 3: 5 3 i¢y