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HomeMy WebLinkAbout05-1934COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL Judicial District, County Of FROM DISTRICT JUSTICE JUDGME T COMMON PLEAS No. Q $ - q3q clril NOTICE OF APPEAL +? Is- r4 aD 5' Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the D strict Justice on the date and in the case referenced below. NAME OF APPELLANT / MAG. GIST. NO. NAME F D.J. ADDRESS OF ELLANT II '' CITY STATE ZIP CODE ^ n,^gMENT ?i; INTHECASEOF le uuff) ( eritlaM)' I e ?, -1 r4' ? Z nC OO ETI SIGNA U OFAPPELLANT ORAT RNEYORAGENT Cv. 0000141, U This block will be signed ONLY when this notation is required under Pa. If appellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE F LED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Sgnature 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 istrict Justice. 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 n this appeal Name of appetfee(s) (Common Pleas No._ ?_ ?93 ?' CLvI I ) within twenty (20) days ft ntry of judgme t of non pros. Signa ure o/appella f or attorney or agent RULE: To ( f 11 eNA irI i--toL. . .a n 11 r aL I /1/ . aooellee(s1 • Neme olappe!!ee(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 he 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) The date of service of this rule if service was by mail is the date of the mailing. Date: A (L1 S 200.r(? """ i , Signa b ro onotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTicd OF APPEAL. AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (1-his proof of service MUST BE FILED WITHIN TEN (10) DAYS AFZER fifing 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 No, upon the District Justice designated therein on (date of service) , 20 ? by personal service ? by (certified) (registered) izia(I, sender's receipt attached hereto, and upon the appellee, (name) , on 20 ? by personal service ?? by (certified) (registered) inaii, sender's receipt attached hereto (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 sig,Mwe of afhanl .sainatwe of official he/ore whom affidaNt was made LRIe of official My commission expires on . 20 n Q C o G!'1 -C1 'r ' 1 I ? e7 r n c _3 -r! ?: 7 C vt < AOPC 312A - 02 COMMONWEALTH OF PENNSYLVANIA rnl AlTv nF CUMBERLAND PAay I]i?i No 09-3-04 MIL Nni°s Hon. THOMAS A. PLACEY A„a,e" 104 S SPORTING HILL RD MECHANICSBURG, PA ro,pi,,,, (7171 761-8230 17050 SCOTT COOPER 29 PARKLANE CENTER DOUGLASVILLE, PA 19518 THIS IS TO NOTIFY YOU THAT: Judgment: ® Judgment was entered for: (Name) ® Judgment was entered against: (Name) in the amount of $ _ 7, 2? z _ 50 on: F] Defendants are jointly and severally liable. D Damages will be assessed on: E This case dismissed without prejudice. Amount of Judgment Subject to 1 Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ NOTICE OF JUDGMENT/TR NSCRIP" PLAINTIFF: CIVIL CASE NAME daa ADDIIES i (THE COMPORT INN WEST 6325 CARLISLE PIKE MECHANICSBURG, PA 17050 L VS. DEFENDANT: NAMFandADCHL f-LAUNDRY TEK SERVICES, INC 29 PARKLANE CENTER DOUGLASVILLE, PA 19518 L Docket No.: CV-0000741-04 Date Filed: 12/01/04 (Date of Judgment) (Date & Time) Amount of Judgment $ Judgment Costs $ Interest on Judgment $ Attorney Fees $ Total $ 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 THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, F THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PRO ESS 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 JUDGM NT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR AYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date _ 3nQiY Magisterial District J dge I certify that this is a true a d correct copy of the record of the p oceedings containing the judgmen . -$ Date Magisterial District udge My commission expires first Monday of January, 2010. SEAL 40pca15-35 DATE PRINTED: 3/23/05 4:03:04 PM :J r Cil ROSA LIN, Plaintiff V. LAUNDRY TEK SERVICES, INC., Defendant District Court 09-3-04 CV-0741-04 SUMMARY OF FACTS Plaintiff owns and operates a limited service lodging company. In need of a replacement commercial washer for this business, Plaintiff contacted Defendant in E November 2004. Defendant is in the business of selling and servicing industrial lau equipment. Defendant sold an HE-60 60LB B & C Washer Extractor, which was installed on 10 November 2004. Plaintiff paid a total of $7100.00 for the sale and installation. Unbeknown to either parry, this series of washers was shipped by the manufacturer with a drain valve defect. Plaintiff complained of performance and suitability problems immediately. Defendant made at least four (4) service calls to Plaintiff through 19 November 2( All attempts were unsuccessful as the part and replacement parts manufactured v defective, but unknown at the time by either party. On 21 November 2004 Plainti faxed a contract rescission letter to Defendant and prohibited further repair attem On 24 November 2004 Defendant sent a letter that notified Plaintiff of the now kn defective part problem, requesting an additional opportunity to correct, and offerii rebate. This was declined by Plaintiff, who has chosen to enforce the rescission s repayment of monies via this civil action. DISCUSSION The burden in every civil case is on a plaintiff to show that a defendant has breached an owed duty, which has resulted in measurable damages. The first revi for a duty was the contract between the parties, which is devoid of any express warranty obligations. Next, the provisions of the Uniform Commercial Code (Sales were reviewed and this law regarding sales was found to provide duties applicable this case. In every sale there is an implied warranty that the goods are fit for the ordinary purposes that such goods are normally used. This washer was not fit as installed with the defective part, ry a ng The Code also provides that the seller must be given a reasonable opportur>lity to repair or replace the non conforming goods. Defendant gave Plaintiff at least foul opportunities to correct the problem before rejecting this non performing washer. The i. rn r (j l fact that it was a defect beyond Defendant's ability to detect is not germane. The undisputed fact is that Defendant could not timely tender to Plaintiff a properly functioning washer after seasonable notice and opportunities to correct.' The washer was properly rejected by Plaintiff and Plaintiff is entitled to the return of the contract pr1ce. Judgment is in favor of Plaintiff in the amount of $7100.00 together with the costs of this action. The parties have previously been advised of their appeal rights the original exhibits have been returned to the presenting parry. By the Court, 23 MAR 05 Date Tho s . Placey D.J. 11i,, rerogi that Defendant did everything it could, short of turning to a different manufacturer, tc trmly remedy this problern. Defendant's offer to continue repair attempts, which was rejected, would have been the most economical for all concerned if successful. However, by this time this choice was r Planrtlff pursuant to the Code, which was not modified by any expressed contractual provisions betwee these paiUe', It is further recognized that the manufacturer may be liable to Defendant for any loss; however, that could be like the dog biting the hand that feeds it. The contractual relationship between manufacturer and Defendant is not being reviewed in this decision, ;,- Q a -Y1 ? 1 ?_, eee AAA... 1 L/\ % Curtis R. Long Prothonotary office of the Protbonotarp Cumberranb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor ©s - (Q 3 y CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 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, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573