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HomeMy WebLinkAbout05-1193COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. (f)S - 1< 53 C I U L 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 mentioned below. NA1 , OIf T. nO. OR NAM. Or O.I. Freedom Ford ne-g-n4 AooM.sa OF Aff.lunT cnv sTAI. nr <oo. 3941 Admiral Perry Highway Ebensburg Pa 15931 ;AT. or 1 ......T Tn..... o.1,.11,,"1 02/07/05 Caffrey Auto Supply I CV 19 0000364-04 LT 19 I lllfilloJ This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. 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 Freedom Ford .NT On .1. ATT.... I C.. If appellant was Clkant (see Pa. R.C.P.J.P. No. 1001(6) in action before District Justice, he MUST FILE A COMPLAINT within twenty (201 days after filing his 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.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 Caffrey Auto Supply Tne _ , appelleejs), to file a complaint in this appeal n t/yame of appellee(s) (Common Pleas No. 5 -' ?/23 l-l U L(- ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. Signature of appella or his attorney or agent RULE: To Caffrey Auto Supply. Inc_ appellee(s) Name of appe//eels/ (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 AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. DaIe:L ,li9s?QLlS (lam. o Signat re of Prothonotary or a ty AOPC 312-90 COURT FILE TO BE FILED WITH PROTHONOTARY l 1r 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 the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF : u AFFIDAVIT: I hereby swear or affirm that I served C; a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service)- , 19-, ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) _.-_._ on 19--L; by personal service ? by (certified) (registered) mail, sender's receipt attached heieta. ? and further that I served the Rule to File a Complaint accompanying. the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , 19-, ? by personal service by (certified) (registered) `mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF -,.19-. Signature of Signature of official before whom affidavit was made Title of official My commission expires on 19-. ?J 9 \ n N ? t? t 37 ff ? , t ?.. T -Ohl ,Z ?' . 'fa 'fie 1. it ^i f J < -03-2005 14:57 FRCM:FREEDDM FORD SOLES 1-814-471-6936 70:5364890 COMMONWEALTH OF PENNSYLVANIA yr 09-3-04 MD.I Nemn: lion, THOma A. PLACLT Add+ m: 104 0 STORT11110 HILL RD KSCRA=120 V"o PA Teleenann(717) 761-8230 17050 FREEDOM FORD 3941 AMTRatL PMMr MIT R8m1t ins, PA 15931 P.002?006 NOTICE OF JUDCLIIIENTITRANSCRIPT pIAINTIFF: CIVIL ASE HAA1F qnd ADDIES-A r4may JI,VTO 90PPLY, x=. 17,0 ii ovoiTn U7 n RD. Ml.C9al11IC9111=6, Pal 27050 L VS. DEFENDANT: NAME ano A-30AN98 fk NXDQX FORD 3941 ADKISAL PZ9Ar Hwy 89HUf8BAR0, Pal 15931 L J DockstNo.: Cv-0000364-04 Mete Filed: 6/17/D4 THIS IS TO NOTIFY YOU THAT: Judgment; LI Judgment waE entered for: (Name) t-AvIERMT RTP.M Aup.11 ;,, 1111G ® Judgment was entered against: (Name) r2wima" I fratim in the amount of $ on: Defendants are jointly and severally liable. Damages will be assessed on: 0 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 $ (Date of Judgment) I020- (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Pest Judgment Credits S i Post Judgment Costs $ CertifedJudgmentTotal $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARYICL.ERK OF THE COURT OF COMMON PLEAS, CIVI4 DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTRRANSCRIPr FORM wiTH YOUR NOTICE OF APPEAL- EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT' JUDGES, IF THE JUDGEMENT 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 REOUE3T FOR ENTRY OF SATISFACTION WITH THE MA01STEMAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH TH£ JUDGMENT. D1te Magi edMlel,dlstrlCtJudro' :t 10 nify that this IS a true 9 d copy qf' he ecord of the p dings oontainiA the Judgment. pate Magisterial District Judge. My commission expires first Monday of January, 2010. 9GAL' i) AOPC 315-05 DATE PR719THD: 2/07/05 1r41il PK I I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CAFFREY AUTO SUPPLY, INC. ) Plaintiff, ) V. ) NO. CV-0000364-04 FREEDOM FORD, ) Defendant. ) CERTIFICATE OF SERVICE I hereby certify that on May 4, 2005, Notice of Appeal was served upon the following via certified mail: Caffrey Auto Supply, Inc. 110 South Sporting Hill Road Mechanicsburg, PA 17050 Magistrate Thomas A. Placey 104 South Sporting Hill Road Mechanicsburg, PA 17050 SILVERMAN, TOKARSKY, FORMAN & GREEN D- MICHELLE A. TOKARSKY Attorney for Defendant/Appell t C'7 c..- C i C.: '?r, ? ,.. _? ? S ? KJ ? n.!'.." r.F fri ti?,'.;. ..,.1 '?? CGS T+ i ? Lei ., '?y.. r f .,K... . .'::'?i G'3 : i ..1 1 4 CAFFREY AUTO SUPPLY, INC., Plaintiff V. FREEDOM FORD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1 193 CIVIL ACTION - LAW 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 claim or relief requested by the Plaintiff. You may lose money or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 TELEPHONE: (717) 240-6200 1 1 CAFFREY AUTO SUPPLY, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-1193 FREEDOM FORD, Defendant CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Caffrey Auto Supply, Inc., by and through its attorneys, Butler Law Firm, and files this Complaint against Defendant, Freedom Ford, and in support thereof avers the following: 1. The Plaintiff, Caffrey Auto Supply, Inc., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 110 South Sporting Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Freedom Ford, is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 3941 Admiral Perry Highway, Ebensburg, Pennsylvania 15931. 3. On or about March 14, 2001, Plaintiff and Defendant entered into an agreement whereby Defendant accepted various equipment and materials from Plaintiff. A true and correct copy of said consignment agreement is attached hereto and made a part hereof as Exhibit "A". 4. The partic? agreement was such that as long as Defendant continued to order replacement supplies from plaintiff, Defendant would be charged only for said supplies and not for the original equipment and materials supplied to Defendant. Further, when and if Defendant I ` stopped ordering additional supplies, Defendant would then be charged for all set-up supplies and equipment. 5. Defendant continued to order and pay for replacement supplies from Plaintiff until on or about August 1,: 2002, after which time Plaintiff billed Defendant for all set-up supplies and equipment. A true and correct copy of invoice #69168 dated September, 18, 2003, and invoice #70299 dated October 30, 2003, is attached hereto and made a part hereof as Exhibit "B". 6. The total mount due and owing pursuant to invoice #69168 and #70299 is $1,026.88. 7. Defendant is also indebted to Plaintiff for finance charges in the amount of 1.5% per month on all overdue iu voices. The amount due for finance charges from Octobe,? 30, 2003, through February 28, 2005 is $295.76. Plaintiff's statement of finance charges is attached hereto and made a part hereof as Exhibit "C". 8. The price Plaintiff charged Defendant for all of the aforementioned equipment and supplies were just and easonable and were the legal and market prices therefor a? the time of delivery. I 9. The total glance due and owing by Defendant to Plaintiff for the aforementioned equipment and materials plus the finance charges thereon is S1,322.6?4. 10. Plaintiff h? s frequently demanded payment from Defendant of said mount due and owing but Defendant h s refused and neglected to pay said amount or any part th reof. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $1,322.64 plus interest andlcosts and all such other relief as this Honorable Court deems appropriate Respectfully submitted, BUTLER LAW FIRM fl- 7 By: _ C 4 C Ronald D. Butler, Esquire I.D. #09826 Jana Butler Toole, Esquire I.D. #80574 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 110 S, Sporting Hill Road PO Box 169 Mechanicsburg, PA 17055-0169 717-761-6800 FAX 717-761-7320 I 1 - 1 ?- 1 12 12 12 12 r 1 !i 1 1 1 1 '•I? 1 1 2 1 1 2 2 2 2 CgNS IGNMENT PRODUCT 5 GALLON SURE SH 5 GALLON FORMULA 5 GALLON MC CAR W CANS GLASS CL CANS D.C. VELOU CANS TU-10 DRES CANS BLACK SPRA 1 GALLON NYLON SP 1 GALLON VINYL LE, 5 GALLON WHITE WA: 1 QUART ACRYLIC Si 5 GALLON DETAILS 1 5 GALLON M.C. WHE: 1 GALLON TAR CLEA1 1 GALLON DIAMOND 1 QUART COMPOUND 1 QUART DIAMOND S1 1 QUART DIAMOND D, 1 QUART CASNESSE ROLLS BLUE PAPE: VELCRO CLEAR CO. VELCRO CUTTING VELCRO GRAY FIN C L01 kSH QER 2 CLEANER SING t PAINT )TIER kTHER CONDITIONER ?L CLEANER )LVENT DRESSING 3L CLEANER 4ER SHINE IELD ZZLE T TOWELS T PADS OAM PADS SH FOAM PADS SYSI 1 LC 1 2 4 3/ 1 8 1 PP I ACKNOWLEDGE THAI THE ABOVE EQUIPMENT AND MA7 FROM CAFFREY AUTO SUPPLY, INC. THIS INVENTOF MAINTAINED BY THE DEALER. SIGNATURE HAND PRINT NAME HERE TITLE COMPANY ADDRESS DATE rEM EQUIPMENT CKING STOR GE CABINET BOTTON MET RING DEVICE 4" FAUCET STEP CHART CK MSD SHE TS .'ERIALS ARE' N CONSIGNMENT .Y AND EQUIP WILL BE A",/v) T ecvr? r AAif4ICed FREEDOM FO 3941 ADMIRA ? PERRY HVY EBENSBURG PA 15931 EXHIBIT "A J CUSTOMER NO. I DATE NET 30 DAYS PLEASE DETACH AND RETURN THIS PORTIO WITH YOUR REMITTANCE. THANK YOU! TOTALS 1. 2. 3. a. PA 17055-0159 5. JE CHARGE 6. JE CREDIT Z SERVICE CHARGE' 13. PRIOR CREDIT BALANCE S A FINANCE CHARGE OF lIV % PER MONTH (18% PER . _ j ANNUM) WILL BE APPLIED TO ALL PAST DUE ACCOUNTS. _ EXHIBIT °B" PAY TF3fI[S AhUiOPI 7 PO BOX 169 • MED 71 ATEMENT 110 S. SPORTING HILL ROAD • MEI HANI URG, PA 170503057 CREDIT NOTE 717-761.6600 INVOICE NUMBER 00070239 PG DATE - 119.?i5 SHIP TO: BILLTO: ' ?•, FREEDOM FORD t y 3941 ADMIRAL P *?1* 5** RRY HIGHWAY ax.irl HECK NO. EBENSBURG PA 15931 P.O. NUMB ER P.O. DATE SHIP VIA TERMS 1 SHIPPING GATE A CT. SALESPERS ON .BILLED BY 1 0!3 0!0 -DETAIL 1@!30/03 NET 3 0 DAY 0@3 CODE PART NUMBER E)ESCRIPTiON LIST PRICE EXIENqION ..('k }fit -° - ,. ,e .- • " -... ?-II #X°C s'F ? G ' Y •` $ ,.4 .a l' . 2.vk -c. ? 1 Y KI ^a et, ... 4M.. r }? ''y' a R CJ I£SY ,HV ?VU .. H<•.. ,}r9i ?. i ., f2 r? ? ? ?.w, Xy?l.. .?.La'Sari ice.. . ash N a ., I Qy ' 9 i`i 91 I p L4 [gp S 'ih > r's : 5.: w P' o? i'. F daX si'3 A' ,y " N C HAN ISE N RE U A O AUT D OR A ON NO RE U O O MER The Seller D hereby expr T R essly discl H S aims all w H UT arranties, IZ either a I . N SPECIAL ORDERS. RNS pressed or implied. indutling Implied warranty or mer any .Olmd ranty ? chantability or fitness for a particular purpose, and th e Seller assume aulfWdzas any either assumes nor 6 L G E • FRX - -- -.?-- . 1 ?+• ?til for it any lia bility in connecfien with fhe sale of this merch andise. . . F 1 C ' ABOVE ITEMS HAVE BEEN CHECKED AND RECEIVED AS BILLED UNLESS OTHERWISE NOTED. - T AMT 238. so RECD. BY (FULL NAME) X SIGN AND R'2TU111N 0R S'.G?i.ATlc° ^nF Al, 1 I I II I .. -4 I 11 t I I ?I ?I 0 D ti 70 V V@[QQQ ? C.J D N I O ! YC 'F x I I u m m ?o C) 0, . Z ? O ?m 9 .-1 i.S { T u s. Y" v n_ m n x z a m J J ? "q D J ?.1 Y 4' W U F Rm Z SD m W ?rUQ W <W V UQ UUQ? I CJ O LU • WiN6 N?Gn' a a L L srz N _ ? pp v z N n ?Ui0 m Jn x 0 } o m r w Z ?+ M1 6 O 3 I q C7 N H I M C >+ c w w '. a p4 O d q ?l P. C W H C? ? a C C W vl A C^. Vl W .i 2 rn W t w K C C. .-+ w M W L L z x r m U C N ti N ti q 0 0 M t? .1 u'1 ? 1 G u'1 ti q ? N C I? ? to V1 q Ul In V1 ? ?L` ?C ?O I? n I? n q S q q L1 ? N N ? I •• ? N n n n r n n n n n n n r r r n ? N J q C. ? ? N M M M M M d 1 ?t d d' v d d ?T d ?1' d Ul G O C C C C C C C C C C C C O C O O 1 I 1 I I I t I I I I I I I I 1 I I H M M M M M N M M M M M M M M Mi M M I I I 1 I 1 I I I I I I 1 I I I I I C? O C .-+ N r! N M ?- vl ? n CM P. G H N H f Z ? cQ G Q d ? N ~ u M Q W i W 6z Z . = m0 `a = Zw D O ?r w ¢a dJ J o 4Z 0 rr LLO Ow ¢Q <w =m UJ V3 zF R z= az z QQ T %ICA IMlAR. 9. 20j5 ?:55FM ?' M4 VERIFICATION 7. 4 1, KENNETH F. CAFFRE'Y, 317., President of the Plaintiff herein, her that the facts set forth in the foregoing Complaint are true and correct according to knowledge, information and belief. I understand tat any false statements herein are made subject to 18 Pa. C.S. §4904 relatin'l to unswom falsification to authorities. Kenneth F of e , 7 F. certify best of my of bated:31 1 "I 1015 . . • CAFFREY AUTO SUPPLY, INC Plaintiff V. FREEDOM FORD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1193 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Jana Butler Toole, Esquire, hereby certify that on the 18°i day of Marcp, 2005, i served a true and correct copy of the foregoing Complaint by depositing same in the United i States Mail, postage prepaid, certified mail, return receipt requested in Harrisburg, Pennsylvania, addressed as follows: Michelle A. Tokarsky, Esquire Silverman, Tokarsky, Forr{ an & Green, LLC 227 Franklin Street Suite 410 Johnstown, PA 15901 Esquire I.D. 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 ?? . Rl _ t) ?.. ; i? ...? ?? : i... _ r.? ;f? "r _.. ; c.. -., ?_ CAFFREY AUTO SUPPLY, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-1193 FREEDOM FORD, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Jana Butler Toole, Esquire, hereby certify that on the I I `t' day of April, 2005, I served a true and correct copy of the foregoing Ten Day Notice by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania, addressed as follows: Michelle A. Tokarsky, Esquire Silverman, Tokarsky, Froman & Green, LLC 227 Franklin Street Suite 410 Johnstown, PA 15901 J Ana Butler Toole, Esquire /Attorney for Plaintiff I.D. #80574 500 North Third Street, 12'h Floor P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 CAFFREY AUTO SUPPLY, INC., Plaintiff V, FREEDOM FORD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1193 CIVIL ACTION - LAW IMPORTANT NOTICE TO: Freedom Ford c/o Michelle A. Tokarsky, Esquire Silverman, Tokarsky, Forman & Green, LLC 227 Franklin Street Suite 140 Johnstown, PA 15901 DATE OF NOTICE: April 11, 2005 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 NOTICIA IMPORTANTE A: Freedom Ford (Demandado) FECHA DENOTICIA: April 11, 2005 USTED NO HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO ET TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. St LISTED NO ACTUA DET DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SERIA REGISTRADO CONTRA LISTED SIN UNA AUDIENCIA Y USTED PODRIA PERDE DINERO OR PROPIEDAD U OTROS DERECHOS IMPORTANTES PARA USTED. USTED LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIE ABOGADO, LLAME OR VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 ?_? r?? -_ C-? C - ?; ]x. - _ -1 - :? _ .? ??:i __ ? _ __ . tv F r `;:? ' -:7 (..? Cx? CAFFREY AUTO SUPPLY, INC., : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff, vs. FREEDOM FORD, No. 05-1193 Defendant. TYPE OF DOCUMENT: ANSWER FILED ON BEHALF OF: PLAINTIFF COUNSEL OF RECORD FOR PLAINTIFF: MICHELLE A. TOKARSKY, ESQUIRE SUPREME COURT I.D. 70343 JOSEPH R. KESELYAK, ESQUIRE SUPREME COURT I.D. 92454 SILVERMAN, TOKARSKY, FORMAN & GREEN 227 FRANKLIN STREET SUITE 410 JOHNSTOWN, PA 15901 TELEPHONE: (814) 536-8600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CAFFREY AUTO SUPPLY, INC., Plaintiff, vs. FREEDOM FORD, Defendant. No. 05-1193 ANSWER AND NOW, comes the Defendant, Freedom Ford, Inc., by and through its attorney, Michelle A. Tokarsky, Esquire of Silverman, Tokarsky, Forman & Green, and files this Answer and New Matter, and in support thereof avers the following: ANSWER 1. Admitted. 2. Admitted. 3. Admitted in part, denied in part. On or about March 14, 2001, Plaintiff and Defendant entered into a consignment agreement, whereby Plaintiff retained legal rights to various equipment and materials in Defendant's physical possession. It is admitted that the document attached to the Complaint is the agreement entered by the parties. 4. Denied. It is denied that Defendant ever agreed to be charged for set-up supplies or equipment. 5. Admitted in part, denied in part. Up until August 1, 2002, Plaintiff continued to supply Defendant with replacement supplies, and Plaintiff continued to pay for said supplies as they were used in Defendant's business. The averment that Plaintiff billed Defendant for all set-up supplies and equipment is admitted, but Defendant denies that that it owes Plaintiff for all set-up supplies and equipment. 6. Denied. Defendant denies owing Plaintiff any amounts for set-up supplies and equipment. Strict proof of the same is demanded at trial, if relevant. 7. Denied. Defendant denies owing Plaintiff finance charges. Strict proof of the same is demanded at trial, if relevant. 8. Denied. Paragraph 8 is a conclusion of law, which requires no response under the applicable Rules of Civil Procedure. The same is therefore denied, and strict proof thereof is demanded at trial, if relevant. 4. Denied. Defendant does not owe Plaintiff any amount. 10. Admitted. While Plaintiff has demanded payment from Defendant, Defendant does not owe Plaintiff for all set-up supplies and equipment because the agreement was one of consignment. 2 WHEREFORE, Defendant prays this Honorable Court to enter judgment in its favor and against Plaintiff. Respectfully submitted, SILVERMAN, TOKARSKY, FORMAN & GREEN By. 4AIMkichelle A. Tokarsky, quire VERIFICATION 1, Thomas S. Baglio, verify that the statements made in this Answer are true and correct. I understand that false statements made herein are trade subjwt to the penalties of 18 Pa.C.S. Section 4904 relating to nnsworn falsification to autborides. Date; April 14, 2005 ?r? Z Thomas S. Nglfc, General Manager Freedom Ford, Inc. ' CAFFREY AUTO SUPPLY, INC., : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, Plaintiff, : PENNSYLVANIA vs. FREEDOM FORD, No. 05-1193 Defendant. CERTIFICATE OF SERVICE I, Michelle A. Tokarsky, Esquire, hereby certify that on the J_9?' day of April, 2005, a certified copy of the Answer and New Matter filed to the above-captioned matter was served upon attorney for the Plaintiff by first class mail as follows: Jana Butler Toole, Esquire Butler Law Firm 500 North Third Street Harrisburg, PA 17101 SILVERMAN, TOKARSKY, FORMAN & GREEN Mich Mlle A. Tokarsky Attorney for Defendant 5 r? ?, ._ ? ?+ ? 1r ' ? wY ?, ?. ?. '. .. .-^i .. ?..? CAFFREY AUTO SUPPLY, INC., Plaintiff V. FREEDOM FORD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 1193 CIVIL 19 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: Robert B. Lieberman, Esquire counsel for the R1jW*aW/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 the plaintiff in the action is $ 1,322.64 The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Ronald D. Butler. Eso.. Jana Butler Toole. Eso.. Michelle A..Tokarskv. Es WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, AR. Asjt.?? ORDER OF COURT AND NOW, foregoing petition, Esq., and actions) as prayed for. Esq., Esq., are appointed arbitrators in the above captioned action (or 19, in consideration of the By the Court, P.J. -dc? Q T` W '? -f'_ ,_> ` ?, c: i CY . .. ,. i C-1 CAFFREY AUTO SUPPLY, INC., Plaintiff V. FREEDOM FORD, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1193 CIVIL ACTION - LAW PRAECIPE Please enter my appearance as attorney for Caffrey Auto Supply, Inc., Plaintiff in the above-captioned matter. # Sq 500 N. Third Street, 12`" Floor Harrisburg, PA 17101 (717) 236-1485 Robert B. Lieberman, Esquire I.D. a7, ., -., CAFFREY AUTO SUPPLY, INC., Plaintiff V. FREEDOM FORD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 1193 CIVIL 19 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: Robert B. Lieberman, Esquire counsel for the EllaiaX/defendantin the above action (oractions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 1.322.64 The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Ronald D. Butler, Esq., Jana Butler Toole, Esq., Michelle A. Tokarsky, Esq. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, 4?A?S, in consideration of th foregoing petition, C?Ct -f Esq„ Esq., and (( Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for By the Co r P.J. 411, d CAFFREY AUTO SUPPLY, INC., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. FREEDOM FORD, DEFENDANT 05-1193 CIVIL TERM ORDER OF COURT AND NOW, this 11 day of January, 2007, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED and Hubert Gilroy, Esquire, Chairman, shall be paid the sum of $50.00. By the C , Edgar B B ; yiey J. Hubert Gilroy, Esquire - - ?-0 7 Court Administrator V :sal `?'' C? » Y V o it - V CAFFREY AUTO SUPPLY, INC., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. FREEDOM FORD, DEFENDANT 05-1193 CIVIL TERM ORDER OF COURT AND NOW, this 1,?_ day of January, 2007, the appointment of a Board of Arbitrators in the above-captioned case, IS VACATED and Hubert Gilroy, Esquire, Chairman, shall be paid the sum of $50.00. By the C , Edgar B B yley J. Hubert Gilroy, Esquire Court Administrator ? 7 ":' a' .,w? _-u t - i7-o -) q1_1 :sal f r4 t ? u J CS- Caffrey Auto Supply, Ins vs Case No. 05-1193 Freedom Ford C') Statement of Intention to Proceed rnw M To the Court: r- Freedom Ford Defendant intends to proceed with the above c Print Name Michelle A. Tokarsky Sign N Date: 9/14/10 Attorney for Defendant Explanatory Comment C3 c.? rTt: -v ern J C7 CD Ca Qn D The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explafrntion or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. o c u 4, 1David 1D. Buell- e; Renee X Simpson Prothonotary *VS 1st 1st Deputy Prothonotary ``� nag e it S. Soho r� k , �,SQ Irene E. Morrow Solicitor 7750 211`1 Deputy Prothonotary Office of the Prothonotary Cumberland County, Pennsylvania OS*-- 1193 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 291H 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, SPA 17013 • (717)240-6195 • F'ax(717)240-6573