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Home My WebLink About11-4077COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT JUDICIAL DISTRICT I t,UMB19-L`1NI) I COMMON PLEAS No. 8- 1W77 e f ,1 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 Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. ADDRESS OF APPELLANT CITY STATE ZIP CODE 21330 Woodbury Ro ,,.d York 113A 17405 to-1-11 CLAIM NO. IN THE CASE OF vekore Inc. CV YEAR vs.CoraDton L& Sons St: 'A Construction, Inc. OF APPELLANT OR HIS ATTORNEY OR AGENT A , ? Jolait Cor,ton LT YEAR This block will be signed ONLY when this notation is required under PA. If ap Claimant (see PA R.C.P.J.P. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as No. 1001(6) action before district Justice, he A SUPERSEDEAS to the Judgment for possession in this case. MUST FIL COMPLAINT within twenty (20) days after tiling his NOTICE of APPEAL. MUMMM 0 or 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.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 Enter rule upon )?--iycAor;:?t, :inc. appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. within twenty (20) days after service Of sa?? ent ion pros. attorney or agent RULE: To I11C. , 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 WILL BE ENTERED rlhr?n r v? UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: Year_pl-0 I 1 . Signature of Prothonotary or Deputy White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Mag. Dist. No: MDJ-09-1-01 MDJ Name: Honorable Charles A. Clement Jr. Address: Olde Towne Commons 400 Bridge Street, Suite 3 New Cumberland, PA 17070 Telephone: 717-774-5989 John L. Compton Jr. 2830 Woodberry Road York, PA 17404 Notice of Judgment/Transcript Civil Case Drivekore Inc. V. Compton & Sons Steel Construction Inc., John L. Compton Jr. A,, P Docket No: MJ-09101-CV-0000092-2011 --- Case Filed: 2/1712011 Disposition Summary Docket No Plaintiff Defendant Disposition Disposition Date MJ-09101-CV-0000092-2011 Drivekore Inc. Compton & Sons Steel Default Judgment for Plaintiff 04/01/2011 Construction Inc. MJ-091 01 -CV-0000092-2011 Drivekore Inc. John L. Compton Jr. Default Judgment for Plaintiff 04/01/2011 - Judgment Summary Joint/Several Liability Indivrdual Liability Amount Participant Compton & Sons Steel Construction Inc. $6,531.43 $0.00 $6,531-43 John L. Compton Jr. $6,531.43 $0.00 $6,531.43 Judgment Detail ("PostJudgment) In the matter of Drivekore Inc. vs. Compton & Sons Steel Construction Inc.; John L. Compton Jr. on 4/0112011 the disposition is Default Judgment for Plaintiff and judgment was awarded as follows: Judgment Component Joint/Several Liability Individual Liability Deposit Applied Amount Civil Judgment $6,345.43 $0.00 $6,345.43 Costs $186.00 $0.00 $186.00 Grand Totah $6,531.43 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 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. uate Magisterial District Judge Charles A. Clement Jr MI I'rMr /yi I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge Charles A. Clement Jr. MDJS 315 Page 1 of 1 Printed: 04/04/2011 1:21:24PM DRIVEKORE, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA C) V. NO. 11-4077 CIVIL TERM W rn ZED -- -V M COMPTON & SONS STEEL CIVIL ACTION - LAW r ? w M c7 CONSTRUCTION, INC. & JOHN o L. COMPTON, JR. < x„ _ z Defendants =? 2>C -` D M PLAINTIFF'S ANSWER TO s o DEFENDANT'S NEW MATTER AND NOW, comes the Plaintiff, DriveKore, Inc., by and through its attorney, Charles Rector, Esquire and provides the following Answer to Defendant's New Matter: 22. No answer required. 23. Denied. Paragraph 23 constitutes a legal conclusion which requires no answer and is deemed denied. To the extent that any further answer is required, all conditions precedent to Plaintiffs recovery have been recited namely; pick up of Plaintiffs products by Defendants, delivery of products by Plaintiff, invoicing of products provided by Plaintiff to Defendants and non-payment by Defendants for Plaintiffs products. 24. Denied. Paragraph 24 constitutes a series of legal conclusions which require no answer and are deemed denied. To the extent that any further answer is required, all conditions precedent to Plaintiffs entitlement and right to payment have been satisfied in all respects. 25. Denied. Paragraph 25 constitutes a legal conclusion which requires no answer and is deemed denied. 26. Denied. Paragraph 26 constitutes a legal conclusion which requires no answer and is deemed denied. To the extent that any further answer is required, it is denied that Plaintiffs complaint is barred by the doctrine of accord and satisfaction and proof thereof is demanded and the same is deemed denied. 27. Denied. Paragraph 27 constitutes a legal conclusion which requires no answer and is deemed denied. To the extent that any further answer is required, it is denied that Plaintiffs complaint is barred by the doctrine of release. 28. Denied. Paragraph 28 constitutes a legal conclusion which requires no answer and is deemed denied. To the extent that any further answer is required, it is denied that Plaintiffs complaint is barred by the doctrine of estoppel. 29. Denied. Paragraph 29 constitutes a legal conclusion which requires no answer and is deemed denied. To the extent that any further answer is required, it is denied that Plaintiffs complaint is barred by the doctrine of waiver. WHEREFORE, Plaintiff respectfully requests your Honorable Court dismiss Defendant's New Matter with prejudice. RESPECTFULLY SUBMITTED: Charles Rector, squire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date: C X30 ,, I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. 1141(`7 Kevin Craig DriveKore, Inc. Date: r d d -? I ? CERTIFICATE OF SERVICE I, Charles Rector, Esquire, do hereby certify that on the 20th day of June, 2011,1 caused a true and correct copy of the within Answer to New Matter to be served upon the following persons by depositing same in first class, United States mail, postage paid, in Camp Hill, Pennsylvania: Date: Nicholas A. Fanelli, Esquire Cunningham & Chernicoff, P. C. 2320 N. 2nd Street Harrisburg, PA 17110 By: Charles Rector, s ire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Plaintiff DriveKoro;x'??OU i ,. _.,. ' Plaintiff vs. Compton & Sons Steel Construction, Inc. & John L. Compton, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4077 Defendant 20 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Charles Rector, Esquire , counsel for th lainti in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 6,095.43 The counterclaim of the defendant in the action is 0.00 The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Charles Rector, Esquire and Robert Chernicoff, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully su e , CU}-U5 'A ?. 11 e%,A (076 ? ORDER OF COURT AND NOW, _ 200 , in consideration of the foregoing petition, Esq., and captioned action (or actions) as prayed for. Esq., and Esq., are appointed arbitrators in the above By the Court, Kevin A. Hess, P.J.