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HomeMy WebLinkAbout09-8901COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of C (AM &FA LANO NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No O f g Y O Ghr, 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. 5A HuALO EXC.44VAr )NG 09-3-o3 SuS?n/ K. QAY ADDRESS OF APPELLANT 54 FA -?wN ROAD CITY NCwvr??? STATE ZIP CODE PA 4 ?72'rI I DATE OF JUDG ENT 17-1 OS 09 IN THE CASE OF (P/eintil) aokrJ/S MA, le Rep a?irl! tVykcf_ re t sA H.(RC.E,d(Defendan?)'X A.,77NG DOCKET No. C-1- 0000410-0q I V This block will be signed ONLY when this notation is required 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. Signature of Prothonotary or Deputy EL )L/ NA?S, A,+ vrNt7 appellant was Clfifmant (see Pa. 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 TAW.!; M es611f` RtP,t,t- Se r.r 1cC appellee(s), to fife a complaint in this appeal Name of appellees) (Common Pleas No. ©9? ` G , I ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. X c f' Slgnature of appellant or aKomey or agent S 1 Jp el s) SRMUE L L. AND tS RULE: To A+formc Name of a Ilea 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: ,DC C/36 20 ?y ignature 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 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) 120 , ? 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 official before whom affidavit was made Title of official My commission expires on .20 C. ? _ qtr ? r Lij C1 1 'i t 4! Cv V Signature of affrant Dec 18 09 04:40p SR Hurled COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUNDERLAND Vag. Dist. No.: ` 09-3-03 MDJ Name: Hon. SUSAN K. DAY Address: 229 MILL Sr, BOX 167 - HOLLY SPRINGS, PA 7177765282 p.1 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: R and ADDRESS rJOHN' S MOBILE REPAINAME 1511 E C SERVICE 1 OMmERCE AVE CARLISLE, PA 17015 L DEFENDANT: VS. Tetepnone: (717 } 4 6 6 - 7 672 17 0 65 NAB WW ADDRESS rS-A HURLEY EXCAVATING 50 FRrrow RD NEWVILLE, PA 17241 BURLEY EXCAVATING L 50 YTOwDT RD NEVILLE, PA 17241 Docket CV-00004 0- p9 Date Filed: ed: 10/08/09 THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF (Date of Judgment) 12/08/09 Judgment was entered for: (Name) JOHN'S MOBILE REPAIR, SERVICE ® Judgment was entered against: (Name) SA HURLET EXCAVATING in the amount of $ 940.4 Defendants are jointly and severally liable. Amount of Judgment $ 854.45 16. Damages will be assessed on Date & Time Judgment Costs $ Interest on Judgment $ `--? Attorney Fees $ This case dismissed without prejudice. Total $ 940.45 Amount of Judgment Subject to AttachmenU42 Pa.C.S. § 8127 $ Post Judgment Credits $ Portion of Judgment for Post Judgment Costs $--- ---- residential lease ? physical damages arising out of ------------ Certifled 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 PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTfrRANSCRIPT 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. i Date Magisterial I certify that this is a true d correc copy of the reco,d of ih District Judge proceedings containing the judgment. Date Magisterial District Judge My commission expires first Monday of January, 2010 SEAL AOPC 315.07 DATE BRINTBD: 12/15/09 2:22:00 PM J 1 J JOHN'S MOBILE REPAIR SERVICE, ) Plaintiff ) VS. ) S. A. HURLEY EXCAVATING, ) Defendant ) IN i'HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA n NO. 09-8901 CIVIL 'M ..?;C- CIV [L ACTION - LA1i N PROOF OF SERVICI. 0 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: ?o1?a s (Yt?.l„1cQc??^f Set?cu, 1 5 f t ?. +%a ?i? c f}„e A. Signature X 02 G Q t OK. ? Agent -- 13 Addre B iv by (printed me) 0--Date of Delivery D. Is delivery adds ess different from item 1? ? Yes If YES, enter d ?livery address below: ? No 3. Service Type ® Certified Me 1 ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted DeR ery? (Extra Fee) ? Yes 2. Article Numb-- (Ransferfron 7007 3020 0001 1088 2722 PS Form 3811, August 2001 Domestic Return Receipt 102595.02-M-1540 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to:: Vfs?.('CG? I??fA'??f? Stysa,? K OAy Z.2q M ? 11 s??` SPA+Mjr ?A 1"1065 M4- -[(I A. Signs ? ?- ?? I a'Agent XV1 ? Addressee 17-% A0 ecei by (Pr rated Name) C. Date of Delivery I X ( ?- I-5- 10 D. Is delivery address different from item 1? ? Yes If YES, enter deli /ery address below: ? No 3. Service Type W Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Deliver f? (Extra Fee) ? Yes n 77 a -521 Jm 2. Article Number (rransferfrom servic 7007 3020 0001 1088 2739 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540 JOHN'S MOBILE REPAIR SERVICE, INC.: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Appellee . ~• NO. 09-8901 CIVIL CIVIL -APPEAL FROM DISTRICT S.A. HURLEY EXCAVATION, INC., JUSTICE JUDGMENT Appellant 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. 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, PA 17013 Telephone No. (717) 249-3166 ~~~;;~.; J ~1"I~'.S~a~~,~~~ t~.~, l~: ~~ ` .~At rr~~ ~Yf~J a~ : ~ Nd 6- 93~ aIOZ '~J[./~``~ ~,, 1 ~ ,._ UV,i.V~ti~J~' .t.i,:ut.I it 1 ~~f 3~!-'_a ~-~C7311~ JOHN'S MOBILE REPAIR SERVICE, INC.: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Appellee ; v. NO. 09-8901 CIVIL CIVIL -APPEAL FROM DISTRICT S.A. HURLEY EXCAVATING, aka S.A. JUSTICE JUDGMENT HURLEY EXCAVATION, INC., . Appellant COMPLAINT NOW, comes Appellee, John's Mobile Repair Service, Inc., in the above-captioned matter and files this Complaint in an appeal from a district justice judgment in Appelane's favor and against the above-designated Appellant, and in support thereof sets forth the following: 1. Appellee, John's Mobile Repair Service, Inc., is a Pennsylvania corporation with its principal place of business located at 1513 East Commerce Avenue, Carlisle, Pennsylvania. 2. Appellant, S.A. Hurley Excavating, aka S.A. Hurley Excavation, Inc., is a Pennsylvania corporation with its principal place of business located at 50 Frytown Road, Newville, Pennsylvania. 3. On or about March 12, 2009, Appellant brought a 2004 Ford F-450 truck to Appelle's place of business and requested that Appellee make repairs to the truck. 4. Appellee made the requested repairs to Appellant's truck with the total cost of labor and parts being $854.45. 5. Since Appellant was a current customer with an account, the truck was released to Appellant after the repairs were made and an invoice was sent to Appellant for $854.45 on or about April 3, 2009. See the invoice attached hereto as Exhibit A and incorporated herein by this reference. 6. After thirty (30) days had passed with no payment from Appellant on the invoice, Appellee made several attempts to contact Appellant by telephone to discuss the account. 7. Contact was finally made in September 2009 with an individual identifying himself as Steve Hurley, who advised that he is refusing to pay the invoice for the repairs to the truck. 8. To date, Appellant has not made any payments with regard to the $854.45 in repairs made by Appellee to Appellant's truck, 9. On December 8, 2009, Appellee obtained a judgment against Appellant in the amount of $854.45 plus costs in the amount of $86.00. See the judgment attached hereto as Exhibit B and incorporated herein by this reference. Count 1-Breach of Contract 10. The averments of paragraphs 1 through 9 are incorporated herein by reference as if more fully set forth. 11. Appellee requested that Appellant make repairs to Appelle's 2004 Ford F-450 truck and Appellant agreed to make the repairs, thereby the parties entered into a valid contract. 12. Appellee made the requested repairs to Appellant's truck as agreed and sent an invoice to Appellant for the cost of the repairs in the amount of $854.45. 13. Appellant has refused to pay for the repairs made by Appellee to Appellant's truck. Wherefore, Appellee requests this Honorable Court to enter judgment in its favor and against Appellant in the amount of $854.45 plus interest from April 3, 2009, at the rate of six percent (6%) per annum and court costs including the Magisterial District Justice court costs of $86.00. Count 2 -Quantum Meruit 14. The averments of paragraphs 1 through 13 are incorporated herein by reference as if more fully set forth. 15 ,Appellee and Appellant entered into a valid contract for Appellee to make repairs to Appellant's 2004 Ford F-450 truck. 16~. Appellee made the necessary repairs to Appellant's truck and returned the truck to Appellant. 17 . Appellant has refused to pay for the cost of the repairs in the amount of $854.45. 18. Appellant has been unjustly enriched in that it has possession and use of the truck with the repairs made by Appellee and yet, Appellant has refused to pay for the repairs that were made. Wherefore, Appellee requests this Honorable Court to enter judgment in its favor and against Appellant in the amount of $854.45 plus interest from April 3, 2009, at the rate of six percent (6%} per annum and court costs including the Magisterial District Justice court costs of $86.00. Respectfully submitted, JOHN'S MOBILE REPAIR SERVICE, INC. OHN A. CUNNINGHAM, JR., PRESI T Date: ~~-~hIZ~.~~! q, 7.C1 ~v JOHN'S MOBILE REPAIR SERVICE, INC. 1511 EAST COMMERCE AVE. .CARLISLE, PA 17015 www.johnsmobilesetvice.com (717) 245-0076 FAX: (717) 245-0648 - Invoice Number: 148709 Cust. P/ O ~- Invoice Date: 4!3/2009 Page t ef'~ Bill To : 436 Vehicle No. 0 S. A. HURLEY EXCAVATING Make: FORD Phone: 717-776-5282 50 FRYTOWN RD. Model: F450 License: YPL7072 Mechanic: JLS Year: 2004 NEWVILLE PA 17241 Serial #: 1FDXF47P54ED48257 Mileage: 8940 WORK PERFORMED/COMMENTS -CUSTOMER CAME TO JMRS FOR REPAIRS __ -REMOVED TRANSMISSION, DRIVELFNE B ~ --- ---------- - SWITCHED OVER PARTS TO NEW TRANSMISSION (SUPPLIED BY CUSTOMER) AND INSTALLED - CONNECTED LINES, WIRING AND TRANSFER CASE - FILLED TRANSFER CASE WITH FLUID - INSTALLED DRIVELINES AND CROSS MEMBER Part Number Part Description uanti Price Amount #6 HOSE CLAMP 2 $1.14 $2.28 ATF TRANS FLUID (QUART) 6 $4.07 $24.42 LABOR ALL WORK PERFORMED 10.75 $77.00 $827.75 Taxable Parts: $0.00 Taxable Labor. $0.00 Non Taxable Parts: $26.70 _ - Non Taxable Labor: $827.75 Sub Total: $854.45 ~1llED ~.~_~ ~3 3 Sales Tax: $0.00 Tire Tax: $0.00 Total Due: $854.45 EXHIBIT A "Ef"~`°""'~"""c~sr""'~`a`°F"f"x~''""~°'!"'""~°TT'°n~eu~°FTM'rt.'"E'e~s' REPLACED PARTS WILL BE DISCARDED UNLESS CHECKED HERE C #REBY ELY d~C1.AR! ALL WN~IANf EIfFER 6~f~88ED OW NICUlOR10 ANY PLED WANIANTY OF ~ERClIAPlfABLRYORRrtNESePOr+`r~m~nr~unE°rhswoe~A~on+Eaa~en"~ Aax~,ESNa+aA-non~n SAVE BY MY SIGNATURE I ACKNOWLEDQE RECEIPT OF THE VEHICLE ~asoNroAesu~RanrrANV ecrnNwm+nfaA~oFnaerw. AND AGREE THAT AFTER EXAMINING IT 1 FIND THE VEHICLE ID "'^°~'.wnonc. r" "°'~ IwNnI1.r.A bm a °• dai. tlaq wM ~"' "'°•""r erMiW "'° •Q" at '"' nd ~«oaribb SATISFACTORY CONDITION AND i AM SATISFIED WITH THE QUALITY O( ~ bM«~" as awi•*~vw~N~b~~°p'n~yr°~~~rw~' «°iu1`wO~Yby~a°~° «~`wa-YO01M10ar°~aby »b WORK AND MATERIAL ~pw~M be~v b Awdn tlwa6W an dNb. Np~wgis « bf q~pw d MMYq •ndbr Y~~p~ctlon. M ~'w nrdwYe a IM M Mnby •cbawbtlpM on bow wlNeb b Main IM •nquM d wp•k• Mtdo. CUSTOMER'S X ~ __ SIGN HERE ACCEPTANCE ?1???65282 P•1 p~ t79 04: 4tlp SA Hur 1 ey _-. ~._._ _ COMMONWEALTH OF PENNSYLVANIA r~nl INTV nF• CUMBERLAI~ID Mag. Otat. No.: 09-3-03 MDJ Name: Non. SQSAN R. DAY Ad'*Gtt7 229 MILL ST, HOX 167 MT. HOLLY SPRINGS, PA relepnone: {717 } 48 6 - ? 672 1? O S 5 NOTICE OF JUDGMENTlTRANSCRIPT CIVIL CASE PLAINTIFF: NAME and AODpESS rJOHN'S MOBILE REPAIR SERVICE 1511 E COMi+lSRCB AVB CARLISLE, PA 17015 L J VS. DEFENDANT: NAIL a~W AppgE~ rsA xoRr~Y EXCAVATING 50 FRYTOWN RD N81?i1VTLLE, PA 17241 SA HURI.SY ESCAVATING L "~ 50 FRYTOWN RD Docket No.: CV- 0000410 -09 NEWVILL$, PA 17241 Date Filed: 10j08/09 THIS IS TO NOTIFY YOU THAT: - Judgment: FOR PLAINTIFF (Date of Judgment) 12/08/09 Judgment was entered tor: {Name) JOHN'S KOBILE REPAIR, SERVICE ® Judgment was entered against: (Name) SA ~~ S.BCAVATYNG in the amount of $ 940.4 Defendants are jointly and severally liable. Damages will be assessed on Date 8 Time This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment far physical damages arising out of residential tease $ Amount of Judgment ~ Judgment Costs $ 854.45 $ • Interest on Judgment $ - Attorney Fees $ -'~0 Total ~ 940.45 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 PHIS NOTICE OF JUDGMENT/TRANSCRIP7FDRM 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 CO_UR7 OF COMMON PLEAS AND.NO FURTHER PROCESS MAY t3E ISSUED 8Y THE MAGISTERIAL- DISTRICT•.IUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE {NTERESTED IN THE JUDGMENT MAY FlLE , - 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. ~' ~• ' ~ Date ,Magisterial District Judge t certify that this.is a true d corre copy of the recd d of th proceedings containing the judgment. Date ,Magisterial District Judge My commission expires first Monday of January, 2010 S~ ~ EXHIBIT AOPC 315-07 DATE PRINTED: 12/15/09 2:22:00 PM VERIFICATION The foregoing document is based upon information that has been gathered by our counsel and ourselves in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. OHN A. CUNNINGHAM, JOHN'S MOBILE REPAIR SERVICE, INC.: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Appellee , ~• NO. 09-8901 CIVIL CIVIL -APPEAL FROM DISTRICT S.A. HURLEY EXCAVATION, INC., JUSTICE JUDGMENT Appellant : AFFIDAVIT OF SERVICE John A. Cunningham, Jr., President of John's Mobile Repair Service, Inc., first having been duly affirmed according to law, deposes and says that on or about the ~~ day of rt"`l~U~1'r{L`I , 2010, a copy of Appellee's Complaint was served by First Class U.S. Mail upon the following: Samuel L. Andes 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 ohn A. Cunningham, Jr. of cc.41 David 1n. �ueCC p Renee X Simpson Pa 15` Deputy Prothonotary o z v irks. Sofionage, ESQ ! Irene E. Morrow Solicitor 7750 2nd Deputy Prothonotary Office of the Prothonotary Cum6erCaniCounty, cPennsy(vania QQ -896/ CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,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 • Carlisle, PA 17013 • (71 7)240-6195 • cFax(717)240-6573