HomeMy WebLinkAbout13-5492 COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS NOTICE OF APPEAL
Judicial District, County Of FROM
MAGISTERIAL DISTRICT JUDGE JUDGMENT-
COMMON PLEAS No.
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 Magisterial District
Judge on the date and in the case referenced below.
NAME OF APPELLANT MAG. DIST, NO. NAME OF MDJ
-0 9 - S - 0 .?
ADDRESS OF APPELLANT / CITY STATE ZIP CODE
S'�2 0 (f �r f o v` —
DATE OF JUDGMENT IN THE CASE OF (Plaintiff) (Defendant)
10��A -Po /,;, � Z;--,,, vs y &,/
DOCKV No. SIGNATURE OF APPECLANT OR ATTORNEY OR AGENT
= 093 o� - Cv -vob / - .2,5 C
This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. _P.D.J. No. 1001(6) in action
R.C.P.D.J. No. 10086.
This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial District Judge, A COMPLAINT MUST BE FILED
operate as a SUPERSEDEAS to the judgment for possession in this case. within twenty
(20) days after filing the NOTICE of APPEAL.
Ca
C =
::. C=
Signature of Prothonotary or Deputy -� r , — •7
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 ac efor�MagWe6bI District
Judge. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. n c'
C= Co
PRAECIPE: To Prothonotary �
Enter rule upon appellee(s), to file a complaint in th'r5 appeal
�r Name of.ap
(Common Pleas No. 13 -SV &(,x ) 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 ydL by personal service or by certified or registered mail.
(2) If you dc'not file a complaint within, this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU.
(3) The datP`- of -,a-- icee 3f this rule if service was by mail is the date of the mailing.
Date: C 1 / / 1 -7 / 2G
Signature of Prothonotary or Deputy
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312 -05
�.� 9a 9
ti
COMMONWEALTH OF PENNSYLVANIA ' Notice Of Judgment/Transcript Civil
COUNTY OF CUMBERLAND' - "' Case
Mag. Dist. No: MDJ- 09 -3 -03 Lana Troutman
MDJ Name: Honorable Susan K. Day V.
Robert Cool
Address: 229 Mill Street
P.O. Box 167
Mount Holly Springs, PA 17065
Telephone: 717-486-7672
Robert Cool Docket No: MJ- 09303 -CV- 0000120 -2013
c/o Joann Ward Case Filed: 6/27/2013
520 Chestnut St., Apt. 1
Mt. Holly Spirngs, PA 17065
Disposition Summary
Docket No Plaintiff Defendant Disposition Disposition Date
MJ- 09303 -CV- 0000120 -2013 Lana Troutman Robert Cool Judgment for Plaintiff 20/2013
Judgment Summary
Participant Joint/Several Liability Individual Liability Amount
Lana Troutman $0.00 $0.00 $0.00
Robert Cool $0.00 $2,120.50
$2,120.5
Judgment Detail ('Post Judgment)
In the matter of Lana Troutman vs. Robert Cool on 8/20/2013 the judgment was awarded as follows:
Judgment Component Joint /Several Liability Individual Liability Deposit Applied Amount
Civil Judgment $0.00 $2,000.00 $2,000.00
Filing Fees $0.00 $120.50 $120.50
Grand Total: $2,120.50
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
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 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.
Date ` `/ Magisterial District Judge Susan K. Day _'
- 7certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date Magisterial District Judge
MDJS 315 Page 1 of 2 Printed: 08/22/2013 12:38:52PM
Lana Troutman
V. Docket No.: MJ- 09303 -CV- 0000120 -2013
Robert Cool
Participant List
Plaintiff(s)
Lana Troutman
11 Smith Road
Gardners, PA 17324
Defendant(s)
Robert Cool
CloI)pann Ward ;
520 Chestnut St', Apt. 1 , .' `YJ
Mt. Holly Spirngs, PA 17065 r
.
MDJS 315
Page 2 of 2
. Printed: 08/22/2013 12:38:52PM
d
e r
COUNTY OF CUMBERLAND
SOUTH MIDDL.ETON TOWNSHIP
MT HOLLY SPRINGS BOROUGH SUSAN K DAY
MIDDLESEX TOWNSHIP
MAGISTERIAL DISTRICT JUDGE OFFICE:
TEL 71 7 486 -7672
Magisterial District 09 -3 -03 FAX 486 -0224
229 Mill Street
Box 167
Mt Holly Springs, PA 17065
20 August 2013
Reserved Judgment
Plaintiff. Lana Troutman
Defendant: Robert Cool
Docket Number: CV- 120 -2013
Date of Hearing: 15 August 2013
Date of Judgment: 20 August 2013
Decision: Judgment is entered for the Plaintiff in the amount of $2,000.00
together with $120.50 costs.
Comment: Decision granted due to the preponderance of the evidence.
/ Susan.K. Day
District Justice 09 -3 -03
All parties are hereby notified that they have thirty (30) days from the date .of ' Q
�ud to
appeal the .decision through the Office of the Prothonotary, Cumberland Count Court
y .
House, 1 Court House..Square, Carlisle, PA 17013. (717)240 -6195.
2013 SEP 27 AM I3 t►
00 PE NNSYLVAN A COUNTY
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
Q/ a copy of the Notice of Appeal, Common Pleas No. upon the Magisterial District Judge designated therein on
(date of service)9-a2L>, 20 13 ❑ by personal service by(certified)(registered)mail,
sender's receipt attached hereto, and upon the appellee, (name) , on
120 ❑by personal service' by(certified)(registered)mail,
sender's receipt attached hereto.
(SWORN) (AFFIRMED)AND SUBSCRIBED BEFORE ME
THIS ,)7 DAY OF ,20
Si nature of affiant
Signature of before whom affidavit was made g
�Q �► — PPD L I 1p S411 9:zll
mhrcAmn ► �!» ad�a.:ou
.t
Title of official '' ',' U.S. Postal ServiCeT.
CERTIFIED MAILT. RECEIPT
My commission'expir%s onr
x;20/4/ m (Domestic MaH Only;
r-1 For delivery information visit our website at www.usps.come
ra
Maw. a >
yJ
co
$0.46 0072
p— Postage $
`n Certified Fee $
O stmark
C3 Return Receipt Fee
C3 (Endorsement Required) a •S$ lG� are
O
Restricted Delivery Fee •�� 1,
C3 (Endorsement Required) x
Total Postage&Fees $ t�
M
Sent To
ru r3
r-9 - ------------- - --- -- 4-I✓�-- -- "=------------------------------
Street apt.No.,
AOPC 312A-05 or PO Box No.
�` ---------------------------------------------------------------------------------------
City,State,ZIP+4
PS Form 3800,August 2006 See Reverse for Instructions
Plaintiff: Lana Troutman No: MJ-09303-CV-0000120-2013
11 Smith Rd Common Pleas No 13-5492
Gardners PA 1 7324 Date Filed: 10/10/13
CD
,rn (—)
717
Defendant: Robert Robert Cool
520 Chestnut St E a,.
Mt.Holly Springs Pa 17065
I am filing a complaint against the Notice of Appeal I received from Robett •olt-•-",__
Robert Cool painted and repaired our 1966 Ford Mustang. The amount he said - • birdwe
was$2250.00 for the total job with down payment of$1000.00 to start the job. Tlifp-amousat
$1000.00 was given to him on 6-12-12. When we went to pick up the car we paid*thElest -
the money that was due.When we got home,we looked over the car and there wenCtim- s
paint,orange peel,over spray on the chrome,and it was not painted under the trimzmihe Trs
doors. The weather stripping was not put in the trunk correctly and the doors,hooka7idtank
were not adjusted. We reached out to Robert Cool and he offered to come and fix th4ange peel
and runs in the paint. When he came, he buffed it and used a wet sand on it but neither worked.
When this did not work Robert Cool said he was done working on the car and would not refund
any of the money that was paid to him. This is when we filed a judgment against him with
District Court Susan Day.During our hearing with her,she ruled the defendant,Robert Cool,to
repay us in the amount of $2120.50 for the money paid to him for the car and court fees. He is
now filing a notice of appeal.
Plaintiff: Lana Troutman
\b -\\
\‘'C
NOTICE
Lana Troutman Docket# 13-5492
V.
Robert Cool
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 Plaintiffs. 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 REDUCE FEE OR NO FEE:
Cumberland County Bar Association ,
32 South Bedford Street CZ
Carlisle, Pennsylvania 17013 rn CM -
Telephone (717) 249-3166
?CD
Plaintiff. Lana Troutman Docket# 13-5492
11 Smith Rd Date Filed : 12/5/13
Gardners PA 17324
V.
Defendant: Robert Cool
520 Chestnut St
Mt. Holly Springs Pa 17065
I am filing a complaint against the Notice of Appeal I received from Robert Cool.
Robert Cool painted and repaired our 1966 Ford Mustang. The amount he said would be owed
was $2250.00 for the total job with down payment of$1000.00 to start the job. This amount of
$1000.00 was given to him on 6-12-12. When we went to pickup the car we paid him the rest of
the money that was due. When we got home, we looked over the car and there were runs in the
paint, orange peel, over spray on the chrome, and it was not painted under the trim on the cars
doors. The weather stripping was not put in the trunk correctly and the doors, hood, and trunk
were not adjusted. We reached out to Robert Cool and he offered to come and fix the orange
peel and runs in the paint. When he came, he buffed it and used a wet sand on it but neither
worked. When this did not work Robert Cool said he was done working on the car and would
not refund any of the money that was paid to him. This is when we filed a judgment against him
with District Court Susan Day. During our hearing with her, she ruled the defendant, Robert
Cool,to repay us in the amount of $2120.50 for the money paid to him for the car and court fees.
He is now filing a notice of appeal.
Plaintiff: Lana Troutman
VERIFICATION
I verify that the statements contained herein are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn
falsification to authorities.
Dated:
' It..,..t,1' 'k.t:' l' .•,,
THE POIHON01:, , .
Lana Troutman Docket# 13-5492
K13 DEC -9 AM 10: 14 i
V.
.(3LIMBERLAND COUNTY
Robert Cool PENNSYLVANIA
‘ 1 1 i I I i 1 111 1 '
11111 . i
SENDER. COMPLETE THIS SEC HON ■ ■0 7F,1 L71- Nil', 'I t NOP, ON DELIVERY
• Complete items 1,2,and 3.Also complete
' .100-tore
item 4 if Restricted Delivery is desired. --w■ 0 Agent
• Print your name and address on the reverse
le 0 Addressee
so that we can return the card to you. :. Received by(Printed Name) D: • .f Delivery
• Attach this card to the back of the mailpiece,
or on the front if space permits. ";`gi •
D. Is delivery address different from item 1? 0 -s
1. Article Addressed to: If YES,enter delivery address below: 0 No
e---tg\o C-0(01
1 3 COurlr\ WOX-ek.
56X--) e---11 0- \'‘r\Lk--k ----"Ir 3. ervice Type
ertified Mail El Express Mail
YA" A6\k6 egistered 0 Return Receipt for Merchandise
0 Insured Mail 0 C.O.D.
1 6(05 4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article linnViber 1 1 1,1 ii it III 1 tr ri■ii 1... • — ------,
(Transfer from service label)
PS Form 3811,February 2004 7011 1150 0001 8912 083g
Domestic Return Receipt 102595-02-M-1540;
,,-,--,„„,._,_. , -e e„e__ ---. „,,,,__,_
i
-0,..,„ & --e.),„ ,„/„.„,-,..„ .I
6‹. --,=(-40- /..1 / -d.e) (--6) ---C---0-7---a-2.- - ef-- -/--i, C3_ 4..___ _ ___
________ /, -eZe_a_s_, c e.,0 ,
X.0.7
Ira-- _ C„.c3-_ ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
•
-kCMQ \C � • ^Plaintiff • ' 1
NO. \3 `� IC CIVIL r Tom' ..
VS Z rn•
•
cnr-
R\C) .fir - °
Defendant •
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the ca -'
following form: ..
THE PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE,THE JUDGES OF SAID COURT:
, counsel for the plaintiff/defendant in the above
action(or actions),respectfully represents that:
L The above-captioned action(or actions)is(are)at issue.
2. The claim of plaintiff in the action is$ u
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit
as arbitrators:
WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to
whom the case shall be submitted.
ae. 5O pdf//1 Respectfully submitted,
efs4
*-30/577.4 ORDER OF COURT
AND NOW, , 20 , in consideration of the foregoing
petition, Esq., and
Esq., and Esq., are appointed arbitrators in the above
captioned action(or actions)as prayed for.
By the Court,
KEVIN A. HESS,P.J.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
Gna \
•
��Plaintiff
NO.
CIVIL 07 x: ,
VS zrn rn ' ''
cnr- — ;;;--%
Ck()1012.5-"\- C.,J)0 1 •
Defendant c>x
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in thew c,a
following form:
THE PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE,THE JUDGES OF SAID COURT:
, counsel for the plaintiff/defendant 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$ a ,3' l7
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s)as counsel or are otherwise disqualified to sit
as arbitrators:
WHEREFORE,your petitioner prays your Honorable Court to appoint three(3)arbitrators to
whom the case shall be submitted.
5-0 pal f/i/r Respectfully submitted,
Cis
Agso/s-ii,‘ ORDER OF COURT
AND NOW, V ' ,l_i„ `�,i � D , 20/4 , in consideration of the foregoing
petition, A■_,, i i iii Esq., and
Esq., and 11P/.'//L.'. 11'Ll/AvL_!". _ Esq., are appointed arbitrators in the above
captioned a ion(or actions)as prayed for.
ma
( y By the Court,
;1 et -r;end )144st Ati,
.�_ o> ,/P ed- boo f KEVIN A.HESS .J.
° <" (gypp;es N1a;Mi alao1/y
w
(-)
l l"_D ,ti ± Coo L--.
Plaintiff
Defendant
In the Court of Common Pleas of Cumberland
County, Pennsylvania No.
Civil Action — Law.
•
Oath
(t - 5' 4 2i
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the U edtes
and the Constitution of this Common ` 1f d t ,mot we will arge the duties of our off
Sig \ature
e (Chairman)
ith fidelit
Signatur
4MtT&L
Name Name
C(9,..f+0 rel---)D fpe:A.,‘Ap_t_ LA0 cR---3 cir: Aitil-46,,... u),,, i LLC_
_p_ Law Firm Law Firm
�'-1 14 C'i.� Kam..., S{-- Cle.,3„ - 4,06 -_:_pr L1�.e. Li 6 PYW 44 J)
Address (,Address �+ 4.- 110 I�niG_.,�1��„2r2�A�� I"701b 1 t lL
1 Zip City, Zip City, Zip
Law Firm
Address I Iry I
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following
award: (Note: If damages for delay are awarded, they shall be separately stated.)
CA-. V o ✓'
0 _, , 4- coot
F, d 6-z.4`
.Arbitrator, dissents. (Insert name if applicable.)
Date of Hearing:
Date of Award:
Now, the /7`r`' day of
Notice of Entry of Award
, 20 /G/ , at PI/0 , /' .M., the above
award was entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $
Prothonotary
Deputy
E ROT
II AR 1
ZUM8ERLANO .COUNTY
PENNSYLVANIA
ONO TAR
J•1'.