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HomeMy WebLinkAbout13-7469 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of r FROM c MAGISTERIAL DISTRICT JUDGE JUDGMENT COMMON PLEAS No. —� l �Vt 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. NA E OF APP LLA T DI T. NO. AME OF MDJ I ADDRE APL NT I � TATE ZIP CODE r DATE O JUDG N � ai n an t _ ` t 11 DOCKET No. SIGNATURE OF APPELLANT OR ATTORPtEY OR AGEN This block will be signed ONLY when this notation is required under Pa. If appellant was Claims (see a. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the Magisterial District Judge, will before a Magisterial 'strict Judg , 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. 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 Magisterial District Judge. 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 ame ofappellee(s) (Common Pleas No. 3 -� y �, g ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signatu of ap Ilant or attorney or agent RULE: To appellee(s) Joh ogc►en, �. WN...11ee(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 MAYBE ENTERED AGAINST YOU. (3)l J 1 0620 The date of service of this rule if service was by mail is the date of the mailing. Date: 1 13 VIN' AIASNN3d r A i `t�} ��11 3@ `i nn SrgnatureofProthonotaryorDeputy .tNnoo VIA V �fij,,�ll}� IQn..t YOU MUST INCLUDE A COPY O �jJIC OF JUDGMENT /TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. The appellee and the magisterial distri dWho of33tl figment was rendered must be served with a copy of this Notice pursuant to Pa. R. C. P. M. D.J.1005(A), n 1 , 1 � kA 6lbs_S Ok it AOPC 312 -05 aq� �� V 12- 18 -'13 22:18 FROM -John Ogden Law 7178460687 T -621 P0002/0003 F -208 w li �.TfyIIVIVI \YY VlILII vl Lvvv,Lrl I rll - COUNTY OF CUMBERLAND ivoiic:U u� vuuylu0rlu I I a��av� 'FL �- Case Mag. Dist. No: MDJ- 09 -2 -01 Nakeeta Cooper MDJ Name: Honorable Paul M Fegley V. Address: 2260 Spring Road, Suite 3 Credit Connections Auto Sales Carlisle, PA 17013 Telephone: 717- 218.5250 Credit Connections Auto Sales Docket No: MJ- 09201 -CV- 0000084 -2013 1832 W. Trindle Rd. Case Filed: 9/3/2013 Carlisle, PA 17013 Disposition $Urnmary/ (cc -cross Complaint) Docket No Plaintiff Defendant Disposition Disnosition Date MJ- 09201 -CV -0000084 -2013 Nakeeta Cooper Credit Connections Auto Sales Default Judgment for Plaintiff 11/1912013 Judgment Summary Participant Joint/Several Liability Individual Liability Amoun Credit Connections Auto Sales $0.00 $817.98 $817.98 Nakeeta Cooper $0.00 $0.00 $0.00 Judgment Finding ( *PostJudgment) In the matter of Nakeeta Cooper vs. Credit Connections Auto Sales on MJ- 09201•CV•0000084 -2013, on 11/19/2013 the judgment was awarded as follows: Judoment Component Joint/Spveral Liability individual Liabilit Deposit Applied Amount Civil Judgment $0.00 $700.00 $700.00 Costs $0.00 $117.98 $117.98 Grand Total_ $817.98 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. Date Magisterial District Judge Paul M Fegley Certity that is is - a true and CorrEC copy o t e recor o t e — proceedings cont aining th e judgment Date Magisterial District Judge MDJS 316 Page 1 of 2 Printed: 11/19/2013 2:59:46PM 12- 18 -'13 22:19 FROM -John Ogden Law 7178460687 T -621 P0003/0003 F -208 Nakeeta Cooper Docket No.: MJ- 09201 -CV- 0000084 Zu'i V Credit Connections Auto Sales Participant List Plaintiff(s) Nakeeta Cooper 10 East Locust St, Enola, PA 17025 Defendant(s) i Credit Connections Auto Sales 1832 W. Trindle Rd, Carlisle, PA 17013 MDJS 315 Page 2 of 2 Printed: 11/19/2013 Z59:46PM 0 Tf�t7�p41: M3 DEC 7 411 PF'NS yt COUNTY ANIA 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 CUMBERLAND ; ss AFFIDAVIT: I hereby(swear)(affirm)that I served ® a copy of the Notice of Appeal, Common Pleas No.2013-7469-CV, upon the Magisterial District Judge designated therein on (date of service) 12/19, 2013, ❑ by personal service ® by(certified)(registered)mail, sender's receipt attached hereto,and upon the appellee, (name)NAKEETA COOPER,on 12/19,2013 ❑by personal service ® by(certified)(registered)mail, sender's receipt attached hereto. (SWORN)(AFFIRMED)AND SUBSCRIBED BEFORE ME rr� THIS 19 DAY OF DECEMBER,2013 Sit ature of official before whom affrd t w s made Sig ature of affa J N M. OGDEN 2 E.MARKET ST EET Y K, PA 17403 71 18-04 Title of official My commission expires on 5127,2017 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CHAMAIK Y CARLO NOWY PaWiC YORK CITY,YORK COUNTY Cammis en Expires May 27,2017 My 7 AOPC 312A-05 s- postal CERTIFIED j r- (Domestic Mail Only; R . Provided) K+ R R f� • R OFFICIAL USE C3 Postage M Certified Fee Postmark Q Return Receipt Fee Here M (Endorsement Required) C3 Restricted Delivery Fee M (Endorsement Required) COTotal Postage 8 Fees O Sent To arP0 Box No. .__°-.� r% City State.ZfW-6 a Postal CERTIFIED MAIL RECL11-1 " (Domestic Mail •R u1 MOMMENOMMMMM- Er r"9 P E K E USE7 ra C3 Postage i M Cerftd Fee ra C3 Retum Receipt Fee Postmark O (Endorsement Required) Kars C3 Restdoled Detivery Fee E=l (Endorsement Raquked) fl CO Lj7J1U r- Total Postage�Fees C7 Sent-7b Q Of PO Box No+ `- ..... i PS F01111 3800 A(yj,� to" Gyb,State,�2/P+4 "����r+ - Pf0 Hp 3p :p� . 2` 47 CU ;L ANQ co NSYCVgt�lgrY 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 CUMBERLAND ;ss AFFIDAVIT: I hereby(swear)(affirm)that I served ® a copy of the Notice of Appeal, Common Pleas No.2013-7469-CV, upon the Magisterial District Judge designated therein on (date of service)12/24,2013, ❑ by personal service ® by(certified)(registered)mail, sender's receipt attached hereto,and upon the appellee,(name)NAKEETA COOPER,on 12/24,2013 []by personal service ® by(certified)(registered)mail, sender's receipt attached hereto. ' (SWORN)(AFFIRMED)AND SUBSCRIBED BEFORE ME ' THIS 26 DAY OF DECEMBER,2013 1, w yant ature of ofcial before whom affi it was made naturJOHN M.257 E. MYORK, P_ -717-718- COMPLETE - COMPLETE Title of official ■ 06mple4e iems 1,2,and 3.Also complete ature ,. Item 4 if Restricted Delivery Is desired. � : ■ Print your name and address on the reverse X • / My commission'ez'ices on 5/27,2017 so that we can return the card to you. Received by(Printed Neme) C. d. ■ Attach thls'card to the back of the mailpiece, B. ! �. i _ or on the�yt{`ht If space permits. iG� °L-ODD 1. Article Addressed to: D. Is delivery address different from item 17 C> if YES,enter delivery address below: ❑ t I Nakeeta C00 per �. T 10 East,Locust Street C i!i r Enol a, Pk 7025 m s s. ce iyp ` - -- ❑Certified Mall ❑ r ss Mall Registered Return Receipt for Merchandis �.� E3 Insured Mall C.O.D. c 4. Restricted Dallvery?(Extra Fee) ❑Yes J 2. Article Number ---- - - - AOPC 312 - (rmnsfer from serwoe label) ?010 0780 0 0 01 3 011 1947 PS Form 3811,February 2004 Domestic Retum Receipt 102595.02-M-15d USPS.com® - USPS Tracking"m Page 1 of 1 English Customer Service USPS Mobile Register/Sign In USPSl_(aX jlk• Search USPS.com or Track Packages Quick Tools Track Enter up to 10 Tracking A Find Fmd USPS Locations Buy Stamps - Schedule a Pickup ,,, K ee>S Tracklrlg TM Customer Service s Have questions?We're here to help. Hold Mail --. Change of Address Tracking Number:70100780000130111964 Product & Tracking Information Available Options Postal Product: Features: Email Updates Certified Mail's DATE&TIME STATUS OF ITEM LOCATION December 26,2013,1:47 Delivered CARLISLE,PA 17013 pm December 26,2013,9:08 Out for Delivery CARLISLE,PA 17013 am December 26,2013,8:58 Sorting Complete CARLISLE,PA 17013 am December 26,2013,8:19 Arrival at Unit CARLISLE,PA 17013 am Track Another Package What's your tracking(or receipt)number? Track It LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES Privacy Policy> Government Services> About USPS Home) Business Customer Gateway> Terms of Use> Buy Stamps&Shop> Newsroom> Postal Inspectors> FOIA> Print a Label with Postage> USPS Service Alerts> Inspector General> No FEAR Act EEO Data> Customer Service> Forms&Publications> Postal Explorer) Delivering Solutions to the Last Mile> Careers> Site Index> JWU1;P54C'M' Copyright©2013 USPS.All Rights Reserved. https://tools.usps.com/go/TrackConfirmAction.action?tRef--fullpage&tLc=... 12/26/2013 C-OvV\ H \ \ V. r-k-; ■..1■IN R.-A. V, \\Qks.. \-k-N'to,.\\(N 2xN. c •-4;23\\N-c , 1v).c V i r E ' :' 110'101A 21)Iti FEB 26 PH f: L0 CUMBERLAND COUNTY PENNSYLVANIA Nakeeta Cooper, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : NO. 13-7469 vs. CREDIT CONNECTIONS AUTO SALES • DEFENDANT : CIVIL ACTION—Contract/Warranty MOTION FOR LEAVE TO AMEND COMPLAINT AND NOW, comes Plaintiff,Nakeeta Cooper, by its undersigned attorneys at the Harrisburg Civil Law Clinic, and files this Motion for Leave to Amend its Complaint, stating in support thereof as follows: 1. Plaintiff is an adult individual residing at 10 East Locust St. Enola, PA 17025. 2. The defendant is a corporation located at 1832 W. Trindle Rd. Carlisle, PA 17013. 3. On or about December 16, 2013 Defendant appealed the Magisterial District Judge judgment in favor of Plaintiff in the amount of$817.98. 4. On or about January 15, 2014, Plaintiff filed a Complaint with this Honorable Court. 5. In filing the Complaint, Plaintiff did so pro se and failed to comply with Pa.R.C.P. 1019 et seq. 6. By this motion, Plaintiff respectfully requests leave of this Honorable Court to file an Amended Complaint against the Defendant to fully comply with PA rule of Civil Procedure. WHEREFORE,pursuant to Pa.R.C.P.No. 1033, the Plaintiff prays for this Honorable Court to allow Plaintiff leave to amend the Original Complaint. Date: J. P. mer Lockard, II, Esq. arrisburg Civil Law Clinic 3605 Vartan Way, 2nd Floor Harrisburg, PA 17111 Tel: 717-541-0320 Fax: 717-909-0442 lawclinichb@mail.widener.edu Nakeeta Cooper, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : NO. 13-7469 • vs. • CREDIT CONNECTIONS AUTO SALES : DEFENDANT : CIVIL ACTION—Contract/Warranty PROPOSED AMENDED COMPLAINT AND NOW, comes Plaintiff,Nakeeta Cooper, by its undersigned attorneys at the Harrisburg Civil Law Clinic, and files this Motion for Leave to Amend its Complaint, stating in support thereof as follows: Count I: Warranty 1. Plaintiff is an adult individual residing at 10 East Locust St. Enola, PA 17025. 2. The defendant is a corporation located at 1832 W. Trindle Rd. Carlisle, PA 17013. 3. In August of 2013 Plaintiff entered into a written"as is" contract to purchase a 1999 Ford Taurus LX (the "Vehicle") from Defendant. 4. The vehicle sales contract included a 30-warranty that granted an express warranty. 5. Pursuant to Pa.C.S. § 2316, the language offering a 30-day warranty is inconsistent with the language waiving warranties and the negation or limitation is inoperative because such construction is unreasonable. 6. Plaintiff paid a$700.00 down payment on the vehicle; the remaining purchase price was to be financed through the Defendant with payments of$280 per month for a term of years; subject to 69 P.S. § 601 et. seq. 7. The Defendant represented to the Plaintiff that the vehicle was operational and fit for normal use. 8. Defendant agreed to finance the remainder of the purchase price of the vehicle. 9. Upon leaving the Defendant's property in the vehicle, Plaintiff noticed that the vehicle was not responding properly when the gas pedal was depressed. 10. The Plaintiff immediately returned the vehicle to Defendant and notified the Defendant of the problem with the vehicle. 11. Defendant refused to fix any problems with the vehicle. 12. Plaintiff left Defendant's property in the vehicle and later that same day returned to complain again of the problem with the vehicle. 13. Defendant inspected the vehicle and replaced a component on the vehicle and told the Plaintiff the problem was resolved. 14. Plaintiff rejected the vehicle, pursuant to 13 Pa.C.S. § 2602, in that Plaintiff the same day of tender of the vehicle reported the Defendant that she did not want the vehicle due to the defect. 15. Plaintiff retained possession of the vehicle only after assurances from the Defendant that the vehicle was fixed. 16. The next day the problem was still present and Plaintiff took the vehicle to HGS Auto Services to diagnose the problem with the vehicle. 17. HSG Auto Services reported to Plaintiff that the vehicle would require a transmission assembly to resolve the problem. 18. Plaintiff reported the defect to Defendant upon learning of the defect. 19. Plaintiff left the vehicle at HGS because the vehicle was unsafe to drive and notified Defendant of the location of the vehicle. 20. Defendant arranged to pick the vehicle up at HGS Auto Services. 21. Plaintiff effectively rejected the vehicle upon learning of the defect and notifying Defendant about the problem. 22. The 30-day warranty was still effective at the time of rejection. 23. Plaintiff contacted the warranty company, Paragon, who agreed to fix the vehicle. 24. Paragon required Defendant's authority to pay for the repair. 25. Defendant refused to give Paragon authority to pay for the repair. 26. Plaintiff, pursuant to 13 Pa.C.S. § 2608, properly revoked acceptance of the vehicle because Plaintiff's acceptance was reasonably induced by Defendants assurances that the vehicle was repaired and it was not and Plaintiff's acceptance was induced by assurances of the seller. 27. Plaintiff relied on Defendants representation that the vehicle was fixed after Plaintiff returned the vehicle the second time and after Defendant changed a plug. 28. Defendant represented to Plaintiff that the vehicle was fixed and did so falsely, with knowledge of its falsity or recklessness as to whether it is true or false. 29. Defendant told Plaintiff the problem was resolved with the intent of misleading her to rely on such representation. 30. Defendant did rely on the expertise of Defendant in that Plaintiff drove the vehicle home after Defendant swapped plugs in the vehicle. 31. Defendant suffered a loss of$700 of her down payment of the vehicle and costs of recovering the down payment at the Magisterial District Court. WHEREFORE,pursuant to 13 Pa.C.S. §§ 2711, 2714, 2721, the Plaintiff prays for this Honorable Court to find Defendant in breach of contract and warranty and order Defendant to pay Plaintiff damages in the amount of: $700 of Plaintiffs deposit, in addition to court costs of the Magisterial District Court, $117.98, court costs for the court of common pleas, fees and interests from September 1, 2013 at a rate of six percent annum and any other amount this Honorable court deems just. Count II Unfair Trade Practices and Consumer Protection 32. Paragraphs 1 through 31 are hereby incorporated by reference. 33. Defendant did engage in unfair or deceptive acts or practices in violation of 73 P.S. § 201-1 et seq. by representing that goods or service are of a particular standard, quality or grade. 34. Defendant represented that the vehicle was operating correctly prior to the sale. 35. Defendnat represented that the vehicle was fixed with the swapping out of a plug. 36. It was within the Defendants knowledge and expertise that the vehicle was not operating correctly after the attempted fix. 37. Within 24 hours of purchase, the Plaintiff took the vehicle to HGS services and found that the transmission assembly required to be replaced and the plug swap did not fix the vehicle. 38. Plaintiff relied on Defendant's representations that the vehicle was fixed on the same day she purchase the vehicle. 39. After Plaintiff learned of the defect, Plaintiff properly revoked acceptance of the vehicle and gave notice to Defendant. 40. Defendant took possession of the vehicle but refused to refund Plaintiffs initial down payment of$700.00. WHEREFORE, Defendant prays that this Honorable Court find the Defendant in violation of 73 P.S. § 201-1 et. seq., and order Defendant to pay Plaintiff damages in the amount of: $700 of Plaintiff's deposit, in addition to court costs of the Magisterial District Court, $117.98, court costs for the court of common pleas, fees and interests from September 1, 2013 at a rate of six percent annum and any other amount this Honorable court deems just. - Date: = )— f %" . Palmer Lockard, II Esq. Harrisburg Civil Law Clinic 3605 Vartan Way, 2nd Floor Harrisburg, PA 17111 Tel: 717-541-0320 Fax: 717-909-0442 lawclinichb@mail.widener.edu VERIFICATION I hereby verify that the foregoing Amended Complaint is true and correct to the best of my knowledge, information and belief, pursuant to Pa.R.C.P. 206. 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. Date Na eeta Coo.er CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true and correct copy of the Motion for Leave to Amend Complaint was served by certified mail to the following: John M. Ogden, Esq. 257 East Market St. York, PA 17403 By: Date: ca°2S''—/y Joshua Ha erger Harrisburg Civil Law Clinic i Fi�� ( 3605 Vartan Way ¢ r � f. �� Harrisburg, PA 17110 Tel. (717) 541-0320 PENNSYLVANIA' ' P y lawclinichbu)mai l.widener.edu : IN THE COURT OF COMMON PLEAS NAKEETA COOPER, : OF CUMBERLAND PENNSYLVANIA Plaintiff 13- qq(09 CREDIT CONNECTIONS AUTO SALES, : Defendant : NO. : CIVIL ACTION—Contract/ Warranty PRAECIPE TO PROCEED IN FORMA PAUPER'S To the Clerk: Kindly allow Nakeeta Cooper, Plaintiff, to proceed in forma pauperis. I, ). r���, l ocIb , Attorney for the party proceeding in forma pauperis, certify that we believe the parties are unable to pay the costs and that we are providing free legal service to the parties. DATE: v, 2 )1/ +- ;7' ORDER AND NOW, this day of , 2012, pursuant to Pa. R. Civ. P. 240(d), upon presentation and consideration of the within Praecipe to Proceed In Forma Pauperis, said Application is hereby granted. David D. Buell, Prothonotary Nakeeta Cooper, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : NO. 13-7469 vs. • • CREDIT CONNECTIONS AUTO SALES : DEFENDANT : CIVIL ACTION—Contract/ Warranty Praecipe for Entry of Appearance rn -71 To the Prothonotary: ''' rrl w Enter my appearance on behalf of Plaintiff,Nakeeta Cooper. cp Paper may be served at the address set forth below: _ J. Palmer Lockard, II, Esq. ca - Harrisburg Civil Law Clinic 3605 Vartan Way, 2nd Floor Harrisburg, PA 17111 Tel: 717-541-0320 Fax: 717-909-0442 lawclinichb@mail.widener.edu Date: A7:& )/1Y J. Palmer Lockard, II, Esq. NAKEETA COOPER, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. CREDIT CONNECTIONS AUTO SALES,: DEFENDANT : 13 -7469 CIVIL TERM ORDER OF COURT AND NOW, this 1< " day of March, 2014, upon consideration of Plaintiff's Motion for Leave to Amend Complaint, a Rule is issued on Defendant to show cause why the requested relief should not be granted. Rule returnable twenty (20) days after service. Any answer filed shall be forwarded by the Prothonotary to chambers. By the Court, Albert H. Masland, ✓J. Palmer Lockard, II, Esquire Harrisburg Civil Law Clinic 3605 Vartan Way, 2nd Floor Harrisburg, PA 17110 John M. Ogden, Esquire 257 East Market Street York, PA 17403 edit Connection Auto Sales 1832 W. Trindle Road Carlisle, PA 17013 sal ° 1 . /a2aiLcL .3/40