HomeMy WebLinkAbout05-2816
COMMONWEALTH..OF PENNSYLVANIA
, ' COURT OF COMMON PLEAS
CUMBERLAND
JUDICIAL DIS'RIC'
NOTICE OF APPEAL
FROM
9th Judicial District
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. !2O<J')- f)!f/~ ()"v.l
NOTICE OF APPEAL me,y 3r JtJ())'
Notice is 9i""" thai 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.
NAMf APPElLANT
Ansar W. Chohan and Nuzhat Jan
ADDRESS Of APPELlANT OTY
OlST. OR NAME 0.1.
200 W. Main Streetr Shiremanstown, PA 17011
DA.TE Of .Il..DGMfNT IN THE CASe OF (Plaintiff)
Mag. Dist. No. 09-3-04
STATE zp CODE
April 29,2005
ClAIM NO
(CeIen<1Mt )
Ansar W. Chohan
Auto Sales, Inc.
CV
LT
This block will be signed ONLY when this notation is required under Po. R.c.P.J.P, No.
10088.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS ta the judgment for possession in this case.
689-04
Signature of Prothonotary or Deputy
If appellant was CLAIMANT (see Pa, R.C.P.J.P. No.
1001 (6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) 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.
fF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE. To Prothonotary
Enter rule upon
Name of appellee(s)
, appellee(s), to file a complaint in this appeal
(Common Pleas No.
) within twenty (20) days affer service of rule Of suffer entry of judgment of non pro~
Signature of appeNant or his attorney or agent
RULE. To
Nwne 01 awe!foefs)
, appeIlee(s),
(1) You are notified that a rule is hereby entered upon you ta file a complaint in this appeal within twenty (20) days affer the date of
service of this rute upon you by personal service or by certified or registered moil.
(2) ~ you do not file a complaint w~hin 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.
Date:
Signa/ue of I'roIhonoIart '" ~
AOPC 312-90
COURT FILE TO BE FILED WITH PROTHONOTARY
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 ; 55
AFFIDAVIT: I hereby swear or affirm that I served
o a copy of the Notioe of Appeal, Common Pleas No. upon the Dlstnct justice designated therein on
(date of service! 0 by personal service 0 by (certiiled) (registered) mall, sender's
receipt attached hereto. and upon the appellee, (name) on
D by personal service by (certified) (registered) mail, sender's receipt attached hereto
o and that I served the Rule to File a Complaint accompanymg the above Notice of Appeal upon the appellee(s) to whom
tho Rule was addressed on 0 by personal service 0 by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY
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- COMMONWEALTH OF PENNSYLVANIA A.J..\ .'lL-t? NOTICE OF JUDGMENTfTRANSCRIPT
-COUNTY OF: CUMBERLAND t:l!.J ~f\ K... CIVIL CASE
Mag. Disl. No. PLAINTIFF: NAME and ADDRESS
09-3-04 'cHOHAN, AHSAR W
200 WEST MAIR ST.
SHIREHAHSTOKH, PA 17011
L
MDJ Name: Hon
-,
Address:
THOMAS A. PLACEY
104 S SPORTIRG HILL
MECHANICS BURG , PA
RD
T",pho,", (717) 761-8230 17050
DEFENDANT: NAME and ADDRESS
'NEw XIRGSTOKH AUTO SALBS, IRC.
73 BAST MAIR STREET
NEW XIRGSTOKH, PA 17072
L
VS,
--!
-,
AHSAR W. CHOHAN
200 WEST MAIR ST.
SHIREHAHSTOKH, PA 17011
Docket No.: CV-0000689-04
Date Filed: 11/02/04
--!
.
THIS IS TO NOTIFY YOU THAT:
JUdgment: FOll. PI.AIN'TIFlI'
[!] Judgment was entered for: (Name) /"RnR:aw :aw,uv w
[iJ Judgment was entered against: (Name) N'RW IrTN'aRTOWN' A1l'I'O RU.RR. TIIT/".
in the amount of $
1::14 1;0 on:
(Date of Judgment)
4/2Q/or;
o Defendants are jointly and severally liable.
o Damages will be assessed on:
o This case dismissed without prejudice.
(Date & Time)
O Amount of Judgment Subject to
AttachmentJ42 Pa.C.S. S 8127 $
o Portion of Judgment for physical
damages arising out of residential
lease $
Amount of Judgment $ 1.00
Judgment Costs $ 133.50
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 134.50
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 JUDGMENTrrRANSCRIPT 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 REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FUll,
SElTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.
My commission expires first Monday of Janua
SEAL
Date
Magisterial District Judge
'2.1 +or Date
11
dings containing the judgment.
, Magisterial District Judge
AOPC 315.05
DATE PRINTED:
4/29/05
12:20:42 PM
,
.
ANSAR W, CHOHAN,
Plaintiff
~Atf1lI1~of"lIlJav-..
~P"~-" lIia
v,
NEW KINGSTOWN AUTO SALES, INC.,
Defendant
District Court 09-3-04
CV-689-04
SUMMARY OF FACTS
Plaintiff is the purchaser of a 1996 Dodge Neon and an assistant in the purchase
of a VW Jetta from Defendant. Defendant is a corporate entity engaged in the sales
and service of used vehicles.! Nuzhat Jan was assisted by Plaintiff in the translation
and transaction of the purchase by Mr, Jan of the VW Jetta on 2 March 2002 from
Defendant for $4500.00, The vehicle apparently began experiencing trouble on its way
to Maryland for resale by Mr, Jan, who contacted Plaintiff, who in turn contacted
Defendant. Ultimately the case was returned to Plaintiff with the transitory title;
however, no monies have been given back by Defendant for this car.
Plaintiff purchased for himself a 1996 Dodge Neon "as is" from Defendant in May
2002 for $3500.00. Plaintiff began experiencing problems with this vehicle. Defendant
advised to bring the car back in and "I'll take care of it." The car was brought back in,
not repaired, but sold at wholesale auction, Plaintiff delivered the title for this vehicle
to Defendant; however, no monies have been returned, Plaintiff seeks in this action the
return of monies paid to Defendant on both vehicles,
Defendant indicates that the as is sales would have entitled both car purchasers
to credit toward another purchase; however, this was not done, Further, Defendant
asserts that any monies owed to this Plaintiff is for the wholesale sale price of the
Neon. Defendant was an opportunity to produce the documentation of the wholesale
transfer of these vehicles, The submitted documentations related only to Mr, Jan's
returned VW Jetta, Evidence of the sale, return and whoiesale of the Dodge Neon was
not found or submitted, The only evidence of the Dodge Neon transaction was
submitted by Plaintiff in the form of a PennDOT registration renewal form,
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 part of
this burden requires that the plaintiff be a "real party in interest." A real party in
1 The case was filed against the preSident/salesman of Defendant; however, at trial the caption was
reformatted to reflect action against the corporate to comply with statutory and case law.
,
~
interest is the person or entity who is actually and substantially affected by the action of
another, In this case, Plaintiff acted as interpreter and did not have a financial interest
in the transaction with Defendant. Thus, Plaintiff is not a real party in interest and
cannot bring this claim on behalf of Mr, Jan,2
Plaintiff is a real party in interest with regard to the sale and subsequent return
of the DOdge Neon, Plaintiff is correct that he is entitled to remuneration for the
accepted return of the Jetta. Plaintiff's evidence is all testimonial as the registration
form is proof of title ownership in 2003 but not the sale transactions, Plaintiff has not
supplied the sales agreement, PennDOT form MV4ST, odometer disclosure or any other
documentation that supports the sales transaction.3 Absent some indicia of the sale
being made and properly recorded no amount of an award can be determined. It is
found that while Plaintiff has been damaged by Defendant's breach the proof necessary
to support a judgment has not been shown, Therefore only nominai damages can be
awarded,
Defendant is likewise correct that the amount due to Plaintiff is the selling price
of the car upon return, not the purchase price by Plaintiff. Defendant was given an
opportunity to produce that information but it has not been provided, which would
reduce the amount of any award to that wholesale sales price.
JUdgment is in favor of Plaintiff in the nominal amount of $1.00 together with the
costs of this action, The parties have previously been advised of their appeal rights and
the original exhibits have been returned to the presenting party,
29 APR 05
Date
By the 0111rt,
---- W-
Thomas A, Placey
DJ,
=>
2 It is noted that based on the documentation submitted an award to Mr, Jan of $2260,00 would be
supported by the evidence.
3 It is recognized that this information is available from outside sources such as PennDOT who keeps the
sales records or banks who keep records of financial transactions,
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COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
NOTICE OF APPEAL
~'. . . i ~~,
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
:> l.
.l... .k!_..i. ::: cr' 1- C' 'i.:,.
COMMON PLEAS No. {;{,nr ~ ~ ~I & 0:' Vi I
NOTICE OF APPEAL l11ez l' 3 r c2cor
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.
NAMf OF APPELlANT
MAG. D1ST. NO. OR NAME OF D.J.
,...:;;....tL
ADORESS OF APPELlANT
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ZF CODE
CITY
STAT!:
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~T!:OFJUDGMENT,. ..... IINTHECA.~~(P/aintiff)
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\~, .;. ;/ _ ,I '1 SIGNATURE ~-'::~lANT 0: HlS/;ATT~Nt~~AGENT
CY ~../ )--.1'./ /. .' /.'
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This block will be signed ONLY when this notation is required under Po. R.CP.JP. No. If appellant was CLAIMANT (see Pa. R.CP.JP. No.
1008B.
This Notice of Appeal, when received by the District Justice, will operate as a 1001 (6) in action before District Justice, he MUST
SUPERSEDEAS to the judgment for possession in this case. FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
(Defendant)
ClAIM NO.
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.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 , appellee(s), to file a complaint in this appeal
Name of appellee( s)
(Common Pleas No.
) within twenty (20) days after service of rule or suffer entry of judgment of non pros.
Signature of appellant or his attorney or agent
RULE: To
Name of appel/ffflfs)
, 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 AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
Date:
Signature of Pro/honotary or Deputy
AOPC 312-90
COURT FILE
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.L.L.I{V'\"E> G a.. L. A ~ 1::) . ss
..._..............................,. ~"'_.,._,_._..__,.____.,_...._..u,......,....'"__'^.',,~_...___....,....,........___..._...__..m.~.~~ .. . . .. .... . __ _ .~_ ^ ,
AFFIDAVIT: I hereby swear or affirm that I served
o a copy of the. Notice of Appeal, Common Pleas No.J L"O_f?:2 S\ (eQ,\ ~'.:J: upon the District Justice designated ,therein on
(date of service) ~_~Z" . O~m____mmmm_.' 0 by personal service I8T by (certtued) (registered) mall. sender's
rrceipt attached hereto, and upon the appellee, (name)N.&.Dl~\('\f\:$'*Ct,..:...,A~:--~.J.~:&.La:.....m_' on
_VL_~L. ... D::>~_m .. 0 by personal service.121 by (certified) (registered) mail, sender's receipt attached hereto.
o 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__. 0 by personal service 0 by (certified) (registered)
mail, sender's receipt attached hereto,
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS #-:~___ DAY O~!!';!L~,:i1.{):/"S
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._,..L__';;;..__m~ mm_m' Signature of affiant
My commission
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on~?': l'=~0
Notarial Seal
Anne Carmody, Notary Public
Mechanicsburg Boro, Cumberland County
h:y Commission Expire. Expil'l,a M.r, 11. 2006
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Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you,
Attach this card to the back of the mailpiece,
or on the front if space permits.
COMPLETE THIS SECTION ON DELIVERY
A. Signature
~gent
o Ajjdressee
x\
Yes
Article Addressed to: 0 No
New Kingsto11 Auto Sales, Ine,
73 East Main Street
New Kingston; PAl 7072
2, Article Number
(Transfer from service label)
PS Form 3811, August 2001
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3, Service Type
'&r Certified Mail
/d'l<legistered
o Insured Maii
o Express Mail
o Return Receipt for Merchandise
o C.Q,D.
4. Restricted Delivery? (Extra Fee)
DYes
7002 2410 0004 8737 0072
102595-02-M-H
Domestic Return Receipt
UNITED STATES POSTAL SERVICE
I I
First-Class Mail
Postage & Fees Paid
USPS
Permit No, G-10
· Sender: Please print your name, address, and ZIP+4 in this box ·
R. Mark Thomas
Attorney at Law
101 S, Market Street
Mechanicsburg, PAl 7055
C'hchfl:v\.
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Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery ;s desired,
. Print your name and address on the reverse
so that we can return the card to you,
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1, Article Addressed to:
District .Justice Thoma,s Placey
104 S. Sporting Hill Road
Mcchanicsburg. P A 17050
2, Article Number
(Transfer from service label)
PS Form 3811, August 2001
COMPLETE THIS SECTION ON DELIVERY
o Agent
o Addrel
D. Is delivery address different from item 1?
If YES, enter delivery address below:
3. Service Type
D Certified Mail
D Registered
D Insured Mail
D Express Mail
D Return Receipt for Merchar
DC.O.D.
4. Restricted Delivery? (Extra Fee)
DYes
7002 2410 0004 8737 0089
102595-02
Domestic Return Receipt
UNITED STATES POSTAL SERVICE
First-Class Mail
Postage & Fees Paid
USPS
Permit No, G-1 0
· Sender: Please print your name, address, and ZIP+4 in this box ·
R, Mark Thomas
;\ttorney at Law
J OJ S. Market S tree!
iV1cchanicsDurg. PA 17055
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ANSAR W, CHOHAN and
NUZHAT JAN,
: IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v,
: NO. 2005-2816 CIVIL
NEW KINGSTOWN AUTO
SALES,INC.
Defendant
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 arc 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 ajudgm~nt 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 plaintiff. 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 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 A VENUE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717)-249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
lhe Court of Common Pleas of Cumberland County is required by law to comply with the
Americans With Disabilities Act of 1990, For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact
our oftice. All arrangements must be made at least 72 hours prior to any hearing or business before
the court. You must attend the scheduled conference or hearing,
ANSAR W, CHOHAN and
NUZHAT JAN,
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiffs
v.
: NO, 2005-2816 CIVIL
NEW KINGSTOWN AUTO
SALES,INC.
Defendant
COMPLAINT
AND NOW, come the plaintiffs. Ansar W. Chohan and' Nuzhat Jan, by and through their
counsel. R, Mark Thomas, Esquire. to file this Complaint and in support thereof respectfully
represent:
1. Plaintiff Ansar W. Chohan is an adult individual whose residence is 200 West
Main Street, Shiremanstown. Cumberland County, Pennsylvania.
2. Plaintiff Nuzhat .Ian is an adult individual whose residence 1S 6423 Michael
Elizabeth Way. Hanover, Maryland.
3. Defendant New Kingstown Auto Sales, Inc., is a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania with its principal place of
business at 73 East Main Street. New Kingstown, Cumberland County, Pennsylvania.
4. Defendant is in the business of buying and selling used cars to the public.
5. Plaintiff Nuzhat .JaIl engaged the services of Ansar W, Chohan as her agent to
purchase a used car.
6. On or about March 2, 2002, Plaintiff Ansar W, Chohan, purchased a 1995
Volkswagen Jetta. with Vehicle Identification Number 3VWWC81H05M090nO from the
Defendant at the Defendant's place of business in New Kingstown, Pennsylvania, for cash in the
amount of Four Thousand Five Hundred ($4,500.00) Dollars.
7. On March 3, 2002, Plaintiff Nuzhat Jan accepted delivery of the 1995
Volkswagen .Ietta at the Defendant's place of business where a transfer of title was executed and
legal title was transferred to PlaintiffNuzhat Jan.
8. Upon driving the 1995 Volkswagen Jetta to her home 1I1 Maryland Plaintiff
Nuzhat .Ian discovered that the car would not exceed 45 MPH.
9, The next day, through Plaintiff Ansar Chohan, l:he Defendant was notified of the
probleJ11s with the 1995 Volkswagen .Ietta and at the Defendant's request the car was returned to
him for repairs.
10. The Defendant had possession of the 1995 Volkswagen Jetta from early March
through .Iunc 30, 2002. but did not make any repairs.
I I. After repeated inquiries by Plaintiff Ansar Chohan regarding the status of the car,
the Defendant offered to accept the return of the 1995 Volkswagen Jetta and to refund the
purchase price to PlaintiffNuzhat .Ian.
12. Plaintiff Ansar Chohan, acting as Plaintiff Nuzhat Jan's agent, accepted
Defendant's otTer and agreed to return title to the 1995 Volkswagen Jetta to the Defendant for
the return of the $4,500.00 purchase price.
n. Plaintiff Nuzhat Jan transferred legal title to the ] 995 Volkswagen Jetta to
Defendant
14. Despite numerous promIses to return the purchase money the Defendant has
failed to return the purchase J110nies to either Plaintiff Nuzhat Jan or Plaintiff Ansar Chohan.
15. On or about September 24, 2002, Defendant resold the 1995 Volkswagen Jetta at
auction. hut did not remit any of the monies obtained from the sale to either ofthe Plaintiffs,
WHEREFORE, Plaintitls pray for judgment against the Defendant in the amount of Four
Thousand Fivc Hundred ($4,500.00) Dollars plus costs and interest as the law may allow,
COUNT II
16. Paragraphs 1 through IS are incorporated herein as if set forth at length.
17. On or about March 16, 2002, Plaintiff Ansar Chohan, in his own right, purchased
a 1996 Dodge Neon trom the Defendant.
18. Plaintiff Ansar Chohan gave the Defendant cash in the amount of Three thousand
five hundred ($3,500.00) dollars and took possession of the car,
19. Plaintiff Ansar Chohan discovered that the transmission on the Dodge Neon was
bad and the car was not shifting correctly,
20. Defendant agreed to repair the transmission on the Dodge Neon and took
possession of the car on March 17.2202.
21. Defendant had possession of the 1996 Dodge Neon but did not make repairs as he
had agrecd to do.
22. After repeated inquiries from Plaintiff with regard to the status of the repairs the
Defendant offered to accept the return of the 1996 Dodge Neon and to refund Plaintiffs
purchase money in the amount of Three Thousand Five Hundred ($3,500,00) Dollars.
23. Plaintiff accepted the Defendant's offer and transferred title to the 1996 Dodge
Neon to the Defendant.
24. Despite promising to do so the Defendant has yet to return the Three Thousand
Five Hundred ($3.500.00) Dollars to the Plaintiff.
25. It is believed and therefore averred that sometime after June 30, 2002 the
Defendant caused the 1996 Dodge Neon to be sold.
2h. As of the date of the tiling of this Complaint the Defendant has still not returned
the Three Thousand Five Hundred ($3.500.00) Dollars to Plaintiff.
WHEREFORE. Plaintiff prays for judgment in his favor and against the Defendant in the
amount of Three Thousand Five Hundred ($3,500,00) Dollars plus costs and interest as the law
may allow.
Respectfully submitted,
~J~
R, Mark Thomas, Esquire
ID# 41301
101 S, Market Street
Mechanicsburg, P A 17055
(71 7) 796.2100
CERTIFICA TE OF SERVICE
I. R. Mark Thomas. Esquire, hereby certify that I hav.: served a true and correct copy of
the within document on the following by depositing a true and correct copy of the same in the
{J.S. Mail at Mechanicsburg, Pennsylvania, Certified Mail, Return Receipt Requested, pre-paid,
addressed to:
New Kingstown Auto Sales, Inc.
73 East Main Street
New Kingstown, PA 17072
Date: r- i/.t ;lc;()..r-
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ANSAR W. CHAHAN and
NUZHAT JAN,
Plaintiffs,
IN THE COURT of COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
v.
No. 2005 - 2816 CIVIL
NEW KINGSTOWN AUTO
SALES, Inc.,
Defendant
CIVIL LAW - LAW
DISTRICT JUSTICE APPEAL
Notice to Plead
To: Ansae W. Chohan and Nuzhat Jan, by and through their attorney, R. Mark Thomas,
Esquire:
AND NOW thisVJ-. day of August, 2005, you are hereby notified that an
action oflaw has been brought against your interest and that you have twenty (20) days to
plead responsively from the date of service hereof or a Judgment may be entered against
you or factual pleadings may be deemed admitted.
The Law Office of John M. Glace
John .
131
H burg, PA 17101-1612
Telephone: 717-238-5515
Telefax: 717-238-6929
Supreme Ct. ID: 23933
Counsel for Defendant
VERIFICATION
I verify that the statements made in the foregoing Answer with New Matter are
true and correct to the best of my understanding and belief. I understand that false
statements herein are made subject to the penalties provided by 18 Pa. CSA, Section
4904, relating to unsworn falsification to authorities.
v/-z/os 7/ ,~-
I I Harry Laughman,
President New Kingstown Auto
Sales, Inc.
Date:
ANSAR W. CHOHAN and
NUZHAT JAN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
NO, 2005-2816 CIVIL
v.
NEW KINGSTOWN AUTO
SALES, INC.
Defendant
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:
R. Marl< '1'hnm", " , counsel for the plaintiff m the above
action (or actions), respectfully represents that:
I. The above-captioned action (or actions) is (are) at issue.
2, Theclaimofplaintiffintheactionis$8,OOO.00 plus costs & ;i.nterest
The counterclaim of the defendant in the action is i udqement in favor of
defendant
The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit
as arbitrators:
John M. GlaC'Q, RC:'lllirA & R. Mark Thomas, Esquire
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
~~
ORDER OF COURT
AND NOW,
, 200_, in consideration of the foregoing
Esq., and
Esq., are appointed arbitrators in the above
petition,
Esq., and
captioned action (or actions) as prayed for.
By the Court,
EDGAR B. BAYLEY, P.J.
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ANSAR W. CHOHAN and
NUZHAT JAN,
: IN THE COURT OF COMMON PLEAS,
: CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiffs
v.
: NO. 2005-2816 CIVIL
NEW KINGSTOWN AUTO
SALES, INC.
Defendant
PLAINTIFFS' REPLY TO DEFENDANT'S NEW MATTER
AND NOW, come the Plaintiffs, Ansar W. Chohan and Nuzhat Jan, by and through their
counsel, R, Mark Thomas, Esquire, and file this Reply to the Defendant's New Matter.
27. Paragraphs I through 26 of the Plaintiffs' Complaint are incorporated herein as if
set forth at length.
28, Denied. This allegation is a conclusion of law to which no responsive pleading is
required and therefore same is denied, By way of further answer, the claims of Plaintiffs are
properly joined in as much as the facts giving rise to each of the causes of action are the same
and the witnesses required to testifY in each of the actions are the same.
29, Defendant's New Matter has two paragraphs numbered 28 and the Plaintiffs are
addressing the second number 28 as Paragraph 29 in their reply. With regard to this paragraph,
the Plaintiffs deny this allegation as a conclusion of law to which no responsive pleading is
required and therefore same is denied,
30, Denied, This allegation as a conclusion oflaw to which no responsive pleading is
required and therefore same is denied. This allegation should have been pleaded as a preliminary
objection and not as new matter in the complaint.
31. Denied, This allegation as a conclusion of law to which no responsive pleading is
required and therefore same is denied.
WHEREFORE, Plaintiffs pray that this Honorable Court will enter judgment In
Plaintiffs' favor and against Defendant.
Respectfully submitted,
u~
R. Mark Thomas, Esquire
\0# 41301
101 S, Market Street
Mechanicsburg, P A 17055
(717) 796-2100
VERIFICATION
I veri l'y that the statements made in the foregoing document are true and correct to the best
01' my knowledge. inl()rmation and belief. I understand that false statements herein are made
subjecI 10 Ihe penallies o!' 18 Pa. C.S. ~4904, relaling 10 unsworn !'alsilieation to authorities.
J)ate:~+:251 ~ S
CERTIFICATE OF SERVICE
I, R. Mark Thomas, Esquire, hereby certify that I am this day
serving a copy of the foregoing Plaintiff's Reply to Defendant's
New Matter, upon the person(s) below via first class mail, postage
prepaid to:
John M. Glace, Esquire
132-134 Walnut Street
Harrisburg, PA 17101-1612
~!~
R. Mark Thomas, Esquire
101 S. Market Street
Mechanicsburg, PA 17055
Date: '3//3/00
ANSAR W. CHOHAN and
NUZHAT JAN,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
NO. 2005-2816 CIVIL
v.
NEW KINGSTOWN AUTO
SALES, INC.
Defendant
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:
-R. Mark 'Phelm" '" , counsel for the plaintiff in the above
action (or actions), respectfully represents that:
I. The above-captioned action (or actions) is (are) at issue.
2. Theclaimofplaintiffintheactionis$B,OOO.OO plus costs & ~nterest
The counterclaim of the defendant in the action is ;udqement in favor of
defendant
The following attorneys are interested in the case(s) as counselor are otherwise disqualified to sit
as arbitrators:
John M. Glace. R.~lirA & R. Mark Thomas, Esquire
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
~~
ORDER OF COURT
AND~OW'fy~ /'1
petition,nu,al ~" . CZt4:JCt4/
Esq.,anH~ tJ ~
captioned action (or actions) ,"prayed for.
BY@:J2,
. f)......"..-.. ('A'A '0.
EDGAR B. BAYLEY, P.J. "'\
, 200---"----, in consideration of the foregoing
Esq., and r70.tU(L{CL -6kAIL
Esq., are appointed arbitrators in the above
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ANZAR W. CHOHAN AND
NUZHAT JAN,
PLAINTIFFS
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
NEW KINGSTOWN AUTO SALES, INC.,:
DEFENDANT : 05-2816 CIVIL TERM
AND NOW, this
ORDER OF COURT
7-;-
day of May, 2006, the appointment of a Board
of Arbitrators in the above-captioned case, IS VACATED and Samuel L. Andes,
Esquire, Chairman, shall be paid the sum of $50.00.
By the S91J I
//
"
Samuel L. Andes, Esquire .- ~ ~ 6 ~/,. () t...
Court Administrator
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ANSAR W. CHOHAN and
NUZHAT IAN,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiffs
NO. 2005-2816 CIVIL
v.
NEW KINGSTOWN AUTO
SALES, INC.
Defendant
PRAECIPE TO SETTLE. DISCONTINUE AND END
To the Prothonotary:
Kindly mark the above-captioned case as settled, discontinued and at end.
Respectfully submitted.
;&tJlk.~ .
R. Mark Thomas, Esquire
ill #41301
101 South Market Street
Mechanicsburg, P A 17055
Telephone: (717) 796-2100
Attorney for Plaintiffs
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