HomeMy WebLinkAbout05-3207
)- S- -7 ,p
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
Judicial District, County Of
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No, ::JOO~-~ 0'1 c, ~ I t
jU",,-- ~3. QooS-
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 referenced below.
NOTICE OF APPEAL
C NAME OF APPELLANT
L {<'-f"l l' C .v i!
ADDRESS OF APPELLANT
Z..Z "S& (lC
DATE OF JUDGMENT
S ~ 2'7 0 S.
DOCKET No.
1-)../7<:'
'I)
NAME Of Q.J.
C~ZLES'
ZIP CODE
/ 70 / J
LI:..~Mt.~ tv"~
c V 0000 ILl) -(IS
'gJAN V ~J ,,,,/ L l~
If app' a t was Claimant (see Pa. R.CP.D,J, No. 1001(6) in action
ThiS block will be signed ONLY when this notation is required under Pa.
R,C,P.D.J. 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,
~'
before a District Justice. A COMPLAINT MUST BE FILED within twenly
(20) days after filing the NOTICE of APPEAL.
SignstuT6'ofProthonotaryorDfJputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONL Y when appellant was DEFENDANT (see Pa.R.CP.D.J. No. 1001(7) in action before District Justice, IF
NOT USED. detach from copy of notice of appeal to be selVed upon appellee.
PRAECIPE: To Prothonotary
Enter rule upon
re. Ie Hv1R. c
(' rz. c- c K "rr
appellee(s). to file a complaint in this appeal
Name of appel/ee(s)
(Common Pieas No [) s- - 3~1- ci vi \
) within twenty (20) days after selVice 0
try of judgment of non pros,
RULE: To
i;(.If/l-,,(,,,Q
Name of sppellee(s)
Signature of appellant or attorney or agent
C (a-(-Ye$ppellee(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 compiaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of the mailing. () 11 iIl;;&
Date: ,~.IJ,:.().(,...1;)3 .200S ~!YrJ,
SIgna of ~ta'l' or OapU/y
YOU MUST INCLUDE A COpy OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL.
AOPC 312-02
COURl FILE TO BE FILED WITH PROTHONOTARY
(This' proo;! sefvice MUST BE FILED WITHIN TEN
0/\ 'tS AFTEl\~
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLA.lNT
COMMONWE/\LTH OF PENNSYLVANIA
COUNTY OF
,55
AFFIDA \lIT:
I hereby
(affirm) lhai I served
3 CODY of the Notice of Appeai. Common Picas No
(date elf service)
,20
sender's receipt attached hereto, and upon the appellee, (name)
;jpO\\
by
serVice
,20
by personal service:
sC:r)cler's receipt attached hereto,
(SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF 20
was
My commission exptres on
,20
AOPC 312A. ()2
.....,
=
=
e.n
<-
S;;
_t...
o
"TI
:r
m::!l
'TiM=;
~ljO
'-"\ L
~(..J
.:r:::n
90
arn
~
:J:J
-<
""
W
~
....
9
a
co
/
'.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CtlMBBRLAND
Mag. Dist. No
09-1-01
MDJ Name: Hoo
CBARLBS A. CLEJIBlIlT, JB.
Address 400 BRIDGB ST
OLDB T010lE COllllOas -SUITB 3
HEW CtlMBBRLAND, PA
Telephone (717 ) 774-5989 17070
LBHOYBB AUTO SBltVICB
2236 OLD GETTYSBURG RD.
CAMP HILL~ PA 17011
THIS IS TO NOTIFY YOU THAT: .'.....'_"/'Vv
Judgment: '
Ii] Judgment was entered for: (Name)
Ii] Judgment was entered against: (Name)
NOTICE OF JUDGMENTrrRANSCRIPT
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
!cROCKBTT, RICllAJZD ' 'I
155 SALEM PARX ROAD:APT/STB 55
MBCHAHXCSBURG, PA 17050
L ~
VS.
DEFENDANT: NAME and ADDRESS
fLBMOYBB AUTO SBRVICB
2236 OLD GETTYSBURG RD.
CAMP HILL, PA 17011
L
'I
Docket No.: CV-0000143-05
Date Filed: 3/08/05
~
.
I!'O:R PLAIJlTII!'I!'
~~""",I --R) (.~'JlJ;",",~-l:: ,<./ r-'"
~R~~.~~ VT~Ravn
.
in the amount of $
UlIrnYRl!: lUJ'l'O RRIIVICK
5/27/05
. .
1,04::1 R2 on:
o Defendants are jOintly and sev~rally liable.
o Damages will be assessed oh'-:
o This case dismissed without prejudice.
O Amount of Judgment Subject to
Attachmen1/42 Pa.C.S. ~ 8127 $
D Portion of Judgment for physical
damages arising out of residential
lease $
(Date of Judgment)
(Date & Time)
Amount of Judgment $ 958.32
Judgment Costs $ 85.50
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ 1,043.82
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, IF THE
JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER ~~OCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAYBE ISSUED BY THE MAGISTERIAl. DISTRICT JUDGE.
. "i
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. - :. ., ,,"
MAY 2 7 200Soate
~
~-
, Magisterial Distript Judge
I certify that this is a true and correct copy of the record of the proceedings containing't~ jLidgrn!"nt.
Date
My commission expires first Monday of January, 2008
Aope 315-05
DATB PRI:RTBD:
5/27/05
, Magisteriai District Judge
SEAL
11:50:58 AM
.....
= 0
=
en 'TI
<- :r"
=
z ffi-
N r-
-om
W ;!J?
'=10
"'" ::r:=H'
c' :x D-
C S> '70
Z Om
--I "'"
-' C> 1.i
,
CO -<
.\"
,{:;'
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: COKBElU.ARD
09-1-01
NOTICE OF JUDGMENTrrRANSCRIPT
, PLAINTIFF/JUDGME~YJJ,.o~ASE
fl.BMOYNE A111'O sn:'R'li AO~RESS
2236 GBTTYSBURG RD .
CAMP HILL, PA 17011
L
I
Mag. Dist.No
MDJ Name: Hon
CHAlUJ!:S A. CLBMDT, JR.
Addee" 400 'BR.IDGB ST
OLDE T01IRB COJOIOIIrS - SUITB 3
lIB1f 'ctlIIBB~j PA
Teleph90e(717) 174'-598.9 17070
VS,
DEFENDANT/JUDGMENT C~,l'!R'ro~'iboREss
IcROCBlCTT, UCIIAR.D
155 SALBM PARI: ROAD ART/STE 55
MBCHABICSBURG, PA 17050
L ~
Docket No.: CV-0000143-05 ......'
Date Filed: 4/05/05 '. ...'
CROSS COMPLAINT 001 ""
~
I
LBMOYNE A111'O SALBS
2236 GBTTYSBURG RD
CAMP HILL, PA 17011
THIS IS TO NOTIFY YOU THAT: 1.-~ 'j.,
Judgment: PO1/. D1!lPWIIIIU.'IlI'I'
[i] Judgment was entered for: (Name) MlnC'1r1l!'I''I', IlTt'lU.lln
[i] Judgment was entered against: (Name) T.1l!IInY'IIJI: A.tJTO RaT.1l!S
""..",,~o -.f?; CJ"- < l /r-'
in the amount of $
00 on:
(Date of Judgment)
!i/27/0!i
.
o
o
o
Defendants are jl5fi\ily and Se~IIY Iia~,\,
f,_.. i 1.....- .--
Damages will be assessed off!; -:Jt
,.,.. ,,{
-;:.+-.
This case dismissedVvithout prejudice. ::;
--,.
(v
,. .
, '-....1
'~
,el
(Date & Time)
'''1
O Amount of Judgmeht Subject to
Attachment/42 Pa:C.S. ~ 8127 $
O Portion of Judgmeritlor physical
damages arising out of residential
lease $
l..>-
Amount of Judgment $ .00
Judgment Costs $ .00
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ .00
Post Judgment Credits $
Post Judgment Costs $
------------
-----------
Certified Judgment Total $
~,
ANY PARTY HAS THE RIG'fff TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARYICLERK 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
.,' .'~'.' .,j
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAYBE ISSUED BY THE I\IAGISTj:RIA1. DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTE/:f,N THE. JUDGMENT 'MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL,
'". , "'''i
SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT.'~
MA Y 2 7 2005 Date
.~-
i
I
, Magisterial, District Judge
I certify that this is a true and correct copy of the record of the proceedings containing'tl:1eWd~ment.
Date
, Magisterial District Judge
My commission expires first Monday of January, 2008 .
SEAL
AOPC 315,05
DATB PRZlIITBD:
5/27/05
11:52:43 AM
:h
~
~
~..
I"r.,
'.' ~
" ~'
~I,
~
~.:t
f-"~
,~\:>
'..i\)
'\.....\
~~ .
"."
~
lJ
<It
._~
~
i~' .-'
"-
,
:-
t::
''(
F-
,
~-,
~
':~h...
...;-
o
~:;
~.,..
...., 0
=
= -n
""
<- :r,.,
s;: m-
""'.... r-
-om
N eeJ?
W ~~O
~r'l
~ (j:D
- -.7(")
5 ;"Sm
=.,
C) i:i
(Xl '<
L.
?;;
~
, ,
'"
= 0
= ..
en
<- ::;j
c: :1_"
z nl-
-of;:;
N 66
-'
-oj
~ -;-11
~'l
:x l...o
2':m
CJ
-< ~
-<
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proot at service MUST BE FILED WITHIN TEN (10) DA YS AFTER tifing otth. notice at appeal, Check applicabfe boxes,)
COMMONWEALTH OF PENNSYL VANIA
COUNTY OF C.Umbedond
: 55
AFFIDAVIT: I hereby (swear) (affirm) that I served
o a copy of the Notice of Appeal, Common Pleas No. JI(tfj...'!)lJ7. UpO'1 the District Justice designated therein on
(date at service) .Ju.ne..?'~ ,20cf.) , ~bY personal "ervice 0 by (certified) (registered) mail,
sender's receipt attached hereto, and upon the appellee, (name) ~~ic.bt1td M ~ ' on
~ l.,l.l\ e. ~ ~ ' 20 Cf5 0 by personal serVicej<['iJ;;certified) (registered) mail.
sender's receipt attached hereto.
~~t-----------
Signature of affiant
~
I
~ '\>",\o\oc.
Title of official
My commission expires on {V\.~'G \ ~ ,20 05
NOTA"~lAL SEA!.
MICHAEl P KALONleK. Nclaly PubIc
Cl\y of Ha1rlsburg, Dauphin COIIlIY
My Commiaalon ExpIms May 13, 2008
----.--- -..,,,.---
AOPC 312A. 02
Jtl'plltWT
-.~<...,,- ''''''''''"Y'~''I'.,.,.""",.,~..-. ~
. '''''"''"'.:.;-''
7 .-., ...
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. ,:.){)O~-j~ 0 !
NOTICE OF APPEAL
("
...:' "
Judicial District, County Of
,r.,'-'
f'I,"
p:..
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 referenced below.
....
/' NAME OF APPELLANT
, !.. ['f, D\JiV t
ADDRESS OF APPELLANT
~Z-?
L" ) b
DATE OF JUDGMENT
-S~2/'O~
It:, "L,J ! ()
NAME OF D.J.
(c. N At?i.<C?:; ,",
...rrr-r '- e-
STATE
;11 ~.. /\"./ . r-'~'
ZIP CODE
QC
'. ' ,,--rl'~/r t.u.,ll_, .1;-,'.') / I I ,
,/ 0 L I , /> ~ '.! -t i C '-_
IN THE CASE OF (Plaintiff)
CI2o(. K c:7T'
, IVC SIGNATURE OF AP
"
DOCKET No.
c. V (jOOO /1..-/) -- 0 S'
This block will be signed QNL Y when this notation is required under Pa.
R.C.P,D,J. No, 1008B.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case.
If apr!"a/1t waS Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action
before a District Justice, A COMPLAINT MUST BE FILED 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 ONL Y when appellant was DEFENDANT (see Pa.R.CP.D.J. No. 1001(7) in action before District Justice. iF
NOT USED, detach from copy of notice of appeal to be served upon appeilee.
PRAECIPE: To Prothonotary
Enter rule upon
it I C i/,1 i( I,
CiZ.oc l:oIT
appellee(s), to file a complaint in this appeal
()5-3:1.D1 CI v \
Name of appel/ae(s)
..~.~
) within twenty (20) days after servic~)lI11:iIe'or s6~ntry at judgment of non pros.
~;;
/ ~ ~-- Signature of appellant or attorney or agent
L/
(Common Pleas No.
e... /C-fl,4IC..D
Name of appel/ee(s)
C(?oc-,Ie i0ppellee(S)
RULE: To
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after th~ 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 MAY BE ENTERED AGAINST YOU.
"-., !
/:';' /'f{1 ;).J--/'{jJ' i"/~' ,
_...f._..:t;ctj'-<..>il 1 ;' .~ ~ "
Sign re of. roth olary or Deputy
(3) The date of service of this rule if service was by mail is the date of the mailing.
Date: JC
';)3
,20()5
YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL,
AOPC 312.02
CGWlT flu
?"-
m
I"-
...D
...D
Ul
ex
...D
U S. Postal Serv,ee
CERTIFIED MAIL RECEIPT
(DomestIc Mati Only. No tnsUlance Coverage Provided)
HEBit IAG51 A L,,:U- E
\"->
00~1 _~.J'ffi
03 .~
i'I1~_'~Q;.
OIS
.'_.
0611312005
Postage $
r-
CJ
o Return Receipt Fee
o (El'ldOnlement Required)
o Flestricted Delivery Fee
M (El"itIol'8ement Required)
Ul
ru
$2.30
Certified Fee
$1.75
$0.00
-,_&f... $ $4,.2
ex
~ ~~i~p~?._._.5;J~~~f._~.._..,.__m--'-7'-'h"'__'
~.:::;J..~.:r....~f!.C!::!~...?[r:..$..~._..._..__.._._.
CC--HIVVIl-s/?uLer 7051
THE LAW OFFICE OF SHANE B. KOPE
BY: SHANE B. KOPE, ESQUIRE
ATTORNEY 1.0. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkooe@comcast.net
Attorney for Plaintiff"
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 3207 CV 2005 (OJ APPEAL)
RICHARD CROCKETT,
Plaintiff,
LEMOYNE AUTO SERVICE,
Defendant.
: 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 filingih 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
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, 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 REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSO.CIATION.
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
THE LAW OFFICE OF SHANE B. KOPE
BY: SHANE B. KOPE, ESQUIRE
ATTORNEY 1.0. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkope@comcast.net
Attorney fol' Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 3207 CV 2005 (OJ APPEAL)
RICHARD CROCKETT,
Plaintiff,
LEMOYNE AUTO SERVICE,
Defendant.
CIVIL ACTION .- LAW
COMPLAINT
1. Plaintiff, Richard Crockett, is an adult individual r1esiding at 155 Salem Church
Road, Lot 55, Mechanicsburg, Pennsylvania 17050.
2. Defendant is a Pennsylvania corporation with its principal place of business at
2236 Old Gettysburg Road, Camp Hill, Pennsylvania 170'11.
3. Defendant is engaged in the business of repairing and maintaining motor
vehicles.
4. At all times pertinent hereto, the Defendant was acting by and through its duly
authorized agents, servants or employees, who were ;acting on the business of the
Defendant, while in the course of their employment land within the scope of their
respective authority.
5. On or around July 2, 2004, Plaintiff first took his 1985 Chevrolet Iroc Z to the
Defendant for the repair of its ring and pinion gears and ills rear end.
6. On this occasion, Defendant had under its exclusive care, control, custody and
supervision that particular 1985 Chevrolet Iroc Z vehicle owned by the Plaintiff for a total
of two months, or from on or around July 2, 2004 until on or around September 2, 2004.
7. While the Defendant had the Plaintiff's 1985 Cht3vrolet Iroc Z vehicle under
Defendant's exclusive care, control, custody and supervisi.onfrom July 7,,2904 until on
or around September 2, 2004, Defendant, acting by and through its agents, servants or
employees allegedly fixed or replaced the gears, fixed or replace the carrier, removed
the old gears, replaced the gear oil, replaced one door handle rod, replaced one door
handle clip, inspected and performed an emissions test on the vehicle, but ultimately
failed to correct the problem or fix the vehicle. (See: Exhibit "A" attached).
8. Plaintiff's 1985 Chevrolet Iroc Z vehicle failed to operate properly in that the rear
end made a hammering sound.
9. Plaintiff returned the 1985 Chevrolet Iroc Z vehicle to Defendant for repairs three
(3) more times over the next 5 months, but Defendant failed to correct the problem or
repair the vehicle.
10. The last time Plaintiff returned the1985 Chevrolet Iroc Z vehicle to Defendant for
repair, Defendant failed to put the fill plug in the top front end of the rear differential,
which caused all the gear oil to drain from the vehicle's re,ar end.
11. During this same visit, Defendant told Plaintiff to drive the vehicle for one
hundred (100) miles so that the gears in the rear end would align and stop humming.
12. As a direct and proximate result of Defendant's negligence in (1) 'properly
repairing Plaintiff's 1985 Chevrolet lroc Z vehicle, and (.!) for further instructing Plaintiff
2
to drive said vehicle after failing to properly repair it, the rear end of the Plaintiff's vehicle
has seized entirely, completely disabling the vehicle; nOj/\/, the v~hicle's ear end will
need completely rebuilt in order to operate properly. (See: Exhibit "B" attached).
13. On February 17, 2005, Plaintiff notified Defendant by mail of his failure to repair
Plaintiff's 1985 Chevrolet Iroc Z vehicle properly and the consequential damage to the
vehicles rear end, thereby offering the Defendant an opportunity to remedy its
negligence in a complete and timely fashion. (See: Exhibit "C" attached).
14. After failing to receive a satisfactory response from the Defendant, Plaintiff filed a
civil complaint with District Justice Charles A. Clement on or about March 8, 2005
seeking as damages the cost of rebuilding the rear end {)f his ,1985 Chevrelet Iroc Z
vehicle, the fee for having another garage diagnose the extent of the damage caused by
Defendant's negligence, and the fee for having said garage testify to the same, as well
as court costs, totaling Two Thousand Five Hundred Dollars ($2,500.00). (See: Exhibit
"0" attached).
15. On or about April 5, 2005, Defendant filed a Crosso-Complaint against Plaintiff for
the amount of the original bill in servicing Plaintiff's 1985 Chevrolet Iroc Z vehicle, for
which Plaintiff refused to pay due to the above reasons. (See: Exhibit "E" attached).
16. On or about May 27; 2005, Magistrate Clement entered judgment in favor of
Plaintiff and against Defendant in the amount of One Thclusand Forty-Three Dollars and
Eighty-Two Cents ($1043.82), representing partial damages claimed plus court costs in
Plaintiff's Complaint. (See: Exhibit "F" attached).
3
17. On or about May 27, 2005, Magistrate Clement emtered judgment in favor of
Plaintiff and against Defendant in Defendant's Cross-Complaint. (See: Exhibit "G"
attached).
18. On or about June 23, 2005, Defendant filed a Notice of Appeal from District
Justice Judgment in the Court of Common Pleas of Cumberland County and a Rule to
File Complaint and Rule to File. (See: Exhibit "H" attached).
19. In addition to the above, other occasions in which Defendant's' negligence
resulted in damage to Plaintiffs 1985 Chevrolet Iroc Z vehicle and consequential cost to
Plaintiff are as follows:
a) Somewhere in between July 2, 2005 and September 2, 2005 while the
Defendant had the Plaintiffs 1985 Chevrolet Iroc Z vehicle under
Defendant's exclusive care, control, custody and supervision, Plaintiffs
vehicle was vandalized, resulting in a stolen battery for which Defendant
charged Plaintiff seventy-five dollars ($75.00) to replace. (See: Exhibit "I"
attached).
b) Somewhere in between July 2, 2005 and September 2, 2005the
Defendant had the Plaintiffs 1985 ChElvrolet Iroc Z vehicle under
Defendant's exclusive care, control, custody and supervision, Defendant
failed to replace the door panel to Plaintiffs vehicle, resulting in additional
repair cost.
c) Somewhere in between July 2, 2005 and September 2, 2005 the
Defendant had the Plaintiffs 1985 Chevrolet Iroc Z vehicle under
4
Defendant's exclusive care, control, custody and supervision, Defendant
broke the driver's seat in Plaintiffs vehicle, resulting in additional repair
cost.
20. Plaintiff has suffered damages and losses as set forth above and he'reafter as a
direct and proximate result of the Defendant's failure to provide merchantable and fit
equipment and/or properly repair the defect in Plaintiffs '1985 Chevrolet Iroc Z vehicle
and/or cause further defects in the same, which defects were not caused by any act or
failure to act on the part of the Plaintiff.
21. All of the resultant losses, damages and injuries sustained by the Plaintiffs were
a direct and proximate result of the negligence of the Def1endant, acting by and through
its duly authorized agents, servants or employees, who were acting within the course of
. . ... . ' .
their employment and within the scope of their authority in the following particulars:
a) In failing to diagnose and repair the rear end in Plaintiffs 1985 Chevrolet
Iroc Z vehicle, despite repeated attempts at doing so; and/or
b) In failing to properly replace the fill plug in the top front end of the rear
differential of Plaintiffs 1985 Chevrolet Iroc.z vehicle; and/or
c) In failing to follow the accepted practices Sind customs in the industry for
properly replacing a fill plug in the top front end of a rear differential;
and/or
d) In failing to supervise and/or properly supervise Defendant's agents,
servants or employees in the proper conduct and operation of its
5
business, including the proper way to replac~ a fill plug in the t9P. front end
of a rear differential; and/or
e) In recklessly, carelessly and negligently permitting Defendant's agents,
servants or employees to improperly replace a fill plug in the top front end
of a rear differential; and/or
f) In improperly securing Plaintiffs 1985 Chevrolet Iroc Z vehicle so that said
vehicle became vandalized or robbed; andlor
g) In failing to replace necessary parts to Plaintiffs 1985 Chevrolet Iroc Z
vehicle during, and after the activity ,of making repairs. on a motor vehicle;
andlor
h) In causing further damage to be done to Plaintiffs 1985 Chevrolet Iroc Z
vehicle during the activity of making repairs on a motor vehicle; and/or
i) In failing to instruct and train and/or properly and timely instruct and train
those persons working on Plaintiffs 1985 Chevrolet Iroc Z vehicle; and/or
j) In causing and/or creating a dangerous and hazardous condition and in
failing to warn the Plaintiff of the condition created by the Defendant;
andlor
k) In carrying on the activity of making repairs on a motor vehicle in an
unsafe manner; and/or
I) In failing to use that degree of care, skill and caution required under the
circumstances; and/or
6
m) In failing to follow the proper safety standards, accepted practices and
customs in the industry; and/or
n) In failing to respect the rights of the Plaintiffs under the circumstances.
WHEREFORE, Plaintiff demands judgment against Defendant in an amount of
$3,500.00 plus interest, costs and attorney's fees.
THE LAW OFFICE OF SHANE B. KOPE
~.~....'........-..--; '.' )
.-c:
<'::" -.-- -:-.: -
Shane B. Kope, Esq.
Date: July 12, 2005
7
VERIFICATION
I, Richard Crockett, Plaintiff in this matter, verify that the statements made in the
foregoing Complaint are true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa. C. S. S 4904 relating to unsworn falsification to
authorities.
Date: July 12, 2005
~ ~~1/wr
Richard Crockett
......."....-...--~
Lemoyne Auto Service
2236 Old Gettysburg Road
Camp Hill, PA 17011
717-731-4770
aillTO
I Vehicl.. Info
I .. _u,,_,_.._ U" --
85 CHEVY iROCZ
I G I fP87fXP>< I "518~
i 92~nl
'_____'1
RICK CROCKEll
I I;; SALEM CHURCH RD LOT,5
'M~CH, PA 1705['
j\o'7l}j.9517
,('0215.5671
Invoice
.___'.___'''_.__ - 1-.
Date Invoice #
9:212004 1858
I P,O, No,
(----_.
Qty
-,--urn'
Description
.. --+---- .---- ',-
IIGEARS
I CARRIER
4 REMOVr, OLD GEARS
5; SE.T UP REAR END
IO! GEAR OIL BY THE PINT
0,; '[' INSTALL DOOR HANDI.E ROD
I DOOR HANIKE CLIP
I PA STATE VEHICLE !/'.'SPECTlOl\ P 99 PLUS $2 00 FOR
STICKER
I I EMISSION TEST COMP1.ETE EMISSION lHT INCLIIDES
'S415fORSTAH
.. .-t
,
I
-----------r---...
Rate
294,95
2(l{)(}l1
56.no
56.0{)
4,1~
5h.Ot)
Hl0
').99
-'4,14
'- '~.-~r'
I
S.I.. Ta... (8,0%)
Total
~.--_. .
!. EXHIBIT
<l
w L
~
~
iii
~
~
"
Qcl
~~
Term.
Amount
294 ')~l
~fH) nUT,
22' 001
2l'5(UJOTI
42,511T
2bl}OT I
] nOT I
IJ<)9T'
,~4 14T'
$6(,-99
$1,18357
_.~_.__.~._.._-~
_.._._---_.~-----_.._---
-B.C. RIVERS AUTOMOTIVE
6384 Brandy Lane
Mechanicsburg, PA 17050
(717) 766-1414
FAX (717) 796-0760
REPAIR ORDER
an: STA1E.lJI'
""",-
EXT.
""-IY'"
o CASH OCHECK
OM<:
OWlA
TOTAL PARTS
TOTAL LABOR
EPA / WASTE
DISPOSAL
I horoby ouIharIz8 tho __ f8jlOir wort< to be done okH1g
wilhtho ~_. You ond your om,*,- moy
"""'* tho _ "r _ oI-.g. inopocliorl. '"
:.~ riok. An __ _lion 10
on tlbave YIhicIe to secure h amount 01
repeira 1Iweto. ft Is undM..1ood thIt you will not ~ held
___b_"'__totho~~",__~
in Ylhtcle in cae of fire, th8ft. or any other C&U$ beyond
your conInlI.
"""""""
x
>'It-I f"'.: f.i '!.~~.i"('~,'i
SUB-TOTAL
TAX
TOTAL
~ EXHIBIT
i~
~
;t
..." J..-
. I .__
0,~'~~:'~"~~"~,. ~'~^: -:
,
!
February l7,2005
I
I
,
Richard Crockett
155 Salem Church Road
Lot 55
Mechanicsburg, Pa l7050
Lemoyne Auto Service
2236 Gettysburg Road
Camp Hill, Pa 1701 I
Attention Stan Deimler;
This is a letter to inform you that the payment of$ll86.00 will be withheld due to
the fact that the 1985 Chevy Iroc Z is not properly repaired. Attached to this letter is an
estimate of the problems that have occurred since you have worked on said vehicle,
Since July of 2004 you have work on my car on four different occasions and told me that
the problems were repaired, This last time you told me to drive the car 100 miles so the
gears would align and stop humming. Now the rear end of the car needs completely
rebuilt. You need to contact me within one week of receiving this letter to discuss how to
handle this situation. If you do not contact me within that week legal action will be taken.
Contact Rick Crockett at:
(H) -795-0637
(C )- 2l5-5672
Sincerely,
.w~
~
Richard Crockett
~ EXHIBIT
'"
~c.
In
-'
;/
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
CIVIL COMPLAINT
Magi.tarlal District Number:
09-1-01
I
PLAINTIFF: NAME and ADDRESS
Ii , r' (,. ~.JL
'-\1 CI~IC\\ C\ (ex'~ ~, . _
155 '3c" \ e \y, C v-_.\C 'V\1(c\ -#"::) 'i
\'I\t?c \~ \h.. \10")-0
L!hone:~~')(/),'1 Fax:
VS.
District Justice Name: HOIl.
Charles A Clement, Jr
Add",,, Olde Towne Commons
400 Bridge St- Suite #3
New Cumberland, Pa, 17070
T.I.pho"" (717)774-5989,
~
FILING COSTS
POSTAGE
SERVICE COSTS
CONSTABLE ED.
TOTAL
dEFENDANT: NAME .nd ADDRESS I
kefilOi\ ~fle. 8u.:\o 1]",1)\( ~
~'::)..:,(o O"k:\ <3<. *,-\7,,) blUC\ i2.cncl I
LCQ(\\~ \-\, \\ 11:-.... no\\ -'
AMOUNT
$ "",~
$ 8. s;t)
$
$
$ S's: 5' l)
Docket No.: a"~ ,tI'!.or
Oate Filed:! ()fj;"
I.
TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for together with costs
upon the following claim (Civil fines must include citation of the statute or ordinance violated):
--\-z:::,o\\
-\OL"(
(h..,
, )
(leA,\ --b G;e--'t L06\<k dU'\€..., 318f\') I)QCI. '-\-r\e ('c\...(
c..\\rY\Q""..) -\:,; -0/'x,-<~ leeS' -fa\' j('~,,\e r~(Cl)\F(YI 1Ioc0
\~ No+ rUf0I'0if\C( beccc-<_\J-.<;e._ rprob\o"\-i\ \s v..)O\"::,e.
I, '1\ I c... k c" d C ('()c)( [ +)- verify that the facts set forth In this complaint are true and correct to the
best of my knowledge, Information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes
Code (18 PA. C.S. S'4904) related to unsworn falsification to authorities.
Plaintiffs Q
Attorney: }'?" \
Telephone: (
~Wdr
( ignature of Plaintiff or Authorl2:.ed Agent)
J
Address:
iF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD SO NOTIFY THIS OFFICE IMMEDIATELY AT THE
ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE, UNLESS YOU DO,
JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT.
If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to
assert at the hearing, you must file it on a complaint form at this office at least five (5) days before the
date set for the hearing,
Ie !. EXHIBIT
<3
c ~ 1) Pi
~
i;i
"
~
'"
If you are disabled and require areas
District Court and Its services, please
or telephone number. We are unable to
AOPC 308A-03
to gain access to the Magisterial
strict Court at the above address
~OMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Magisterial District Number:
09-1-01
CIVIL COMPLAINT
District Justice NalTle: Hon.
Charles A. Clement, Jr
PLAINTIFF: NAME and ADDRESS
I L'c/>u:o'/~'C; j\-0T" S(;(2.VIC~ I
~'Z-)(.. Ol--j) G-e1T156c"~o- t:;?()
C-t'l-/1P If I L-L- (JA;- I 7<J II
~hone: 73; '-1770 Fax: ~
VS,
Add,.." Olde Towne Commons
400 Bridge St- Suite #3
New Cumberland, Pa. 17070
T.I.,ho,,, (717)774-5989
DeFENDANT: NAME ,"d ADDRESS I
c.. i2.0<{::. i,,- f!-I Li1 (t,w
15') S>--L"-'M fMI< f.o.~o! sri'SS
L /llt:C-ff~N'{C.sr<;,-,,-e.<r- PIT' 17"S(\ ~
Docket No.: .::!.V- I" 3-05"
.1-
~ )2J~
I-{-
105
Date Filed:
AMOUNT DATE PAID
FILING COSTS $ / /
POSTAGE $ / J
SERVICE COSTS $ ;z.C. ceo / /
CONSTABLE ED, $ <:; IrO / /
TOTAL $ ~S-' 170 If. / 5' /05
TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ II ~ '). ) 7 together with costs
upon the followln9 claim (Civil fines must Include citation of the statute or ordinance violated):
[> lL\ G-, tV ""-
is! LL- I
AJo.!"J c""- P+ (O
;Cf-?7v1L
y~~
I, SJ f'rvv 7) It' l,t." LG'rL verify that the facts set forth in this complaint are true and correct to the
best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes
Code (18 PA. C.S. !i 4904) related to unsworn falsification to authorities.
Plaintiff's
Attorney:
Telephone:
Addre.s:
t or[zed Agent)
IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD SO NOTIFY THIS OFFICE IMMEDIATELY AT THE
ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO,
JUDGMENT MAYBE ENTERED AGAINST YOU BY DEFAULT.
If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to
assert at the hearing, you must file it on a complaint form at this office at least five (5) days before the
date set for the hearing.
EXHIBIT
,/
C
lltion to gain access to the Magisterial
rial District Court at the above address
tion,
!,
0(
If you are disabled and require a ~
District Court and its services, pie '"
t(
or telephone number. We are unab I;;
-"
AOPC 308A-03 ::i
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: C1JKB~T.&Jfn
Mag, Dist. No :
09-1-01
MOJ Name: Hon.
('Jf~VT.I!:S A. CLaD'l, JlI.
Add,,,,, 400 BB.:l:DGB ST
OLDI!: T01IIlB COIIIlORS - SU:l:TE 3
JIB1f C1JKBW:pT.~, PA
T",pho,., (717) 774-5989 17070
B.:l:CB).vn CIl0CEBTT
155 SALEK PARE !lOAD APT/STB 55
MBCBAR:l:CSBUIlG, PA 17050
NOTICE OF JUDGMENTITRANSCRIPT
'. CIVIL CASE
PLAINTIFF: N'AME and ADDRESS
fCB.OCEBTT, uCl:UD : '\
155 SALBII PARE llOAD APT/STE 55
MBCJlAJI:I:CSBUIlG, PA 17050
L ~
VS.
DEFENDANT: NAME and ADDRESS
ILBIIOYRB AUTO SDV:l:CB
2236 OLD GBTTYSBUIlG RD.
CAMP B:l:LL, PA 17011
L
'\
Docket No,:
Date Filed:
CV-000014:h05
. 3/08/05
~
.~-
~
THIS IS TO NOTIFY YOU THAT:
Judgment: roll PLllrlfT'I1!'P'...- ._,
[!] Judgment was entered for: (Name) t'Vn............ VTl"'A'&Vn
[!] Judgment was entered against: (Name) T.1nIn..... aTJ'l'n AUVTl!'R
in the amount of $
1 04~ A2 on:
.
o Defendants are jointly and severally liable.
o Damages will be assessed on:
o This case dismissed without prejudice.
O Amount of Judgment Subject to
Attachment/42 Pa.C.S. 98127 $
o Portion of Judgment for physical
damages arising out of residential
lease $
(Date of .Judgment)
(Date & Time)
!i/2'7/0!i
. .
Amount of Jutlgment $ 958.32
Judgment Costs $ 85.50
Interest on Judgment $ .00
Attomey Fees $ .00
Total $ 1.043.82
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 AUNG A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST 'NCLUDl: A COPY OF THIS NonCE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDl:D IN THE RULl:S OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE
JUDGEMl:NT HOLDER ELECTS TO ENTER THE JUDGMENT m THE COURT OF COMMON PLEAs, ALL FURTHER PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO .FURTHERPROCESS 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;
MAY 2 7 ZOOS Date
.~-
, Magisterial District Judge
I certify that this is a true and correct copy of the record of the roceedings containing the judgment.
Date ~ EXHIBIT , Magisterial District Judge
w
~
~
~
0(
My commission expires first Monday of Janua
AOPC 315-05
DATI!: PB.:l:RTBD:
5/27
f=
SEAL
:
CJl'I.Vf;.S A. CLJliIIL\5S'.l", Jll
Add,ess '400,BIlIDGE ST
OLDE ToWn COlIKORS -SUITE 3
~:f;:~;_,~t~,if;;':'i:~':~;>~'l.~:~~~:~~~:~':~b ::~~~;,::.\;;'r;':"p :-;,. :-'i','
: Te'!lli'ioo. (717.) 1n"S:~8~ 17079
",;'~.. ".,':- ,,',.... -',', '.::- - ...: .. .... :'. -'-'..' ",: -' -, '
NOTICE OF JUDGJ1l~rrrRANSCRIPT
Pl.AINTIFF/JUDGME~YJb'~~'lSl ADDRESS
fi.mronm AUTO SALBII -,
2236 GETTYSBURG RD ..
CAMP BILL, I'A 17011"
L
, " . VS,
.. .~EF~Nb,i\NT,~UOOM~T,Pj;lWI~\I6DREss
'caOCDft, ,IlICDIXI,
. 15!i SAL_ ,1'~ IlOADAPT1STE 55
JlBCBARICSBUIlG, I'A 17_050
L
,;j
COMMONWEALTH OF PENNSYLVANIA
CbDNTY OF: CtIIIBUT.&JIll
Mag.Oist. No.:
09-1-01
MOJ Name: Hon.
IlXCJI'UTl ClilOCDTT
155 $ALBII UU IlOAD APT/STE 55
JlBCBARJ:CSBURG, I'A 17050
Docket No.: cv-0000143-05
Date Filed: 4/05/05
CROSS COMPLAINT 001
,;j
.
"~ -.-,,; n!!!>.~~~~RJ!f.Y.l!9.u,!ij~, ,i'""~'?oiriDll'iriibaJl'ic~<"--<,,,--- ,.... '.. -.--+- .-""
[!J Judgment was entered for: (Name) l'1lnl'1nl!'I''I', VTMfllVn
[!J Judgment was entered against: (Name) uouq...... 11l1"l'O 9&'(..A
in the amount of $
on on:
(Date of JUdgment)
!i/2'7/0"
. .
o Defendants are jointly and severally liable.
o Damages will be assessed on:
(Date & Time)
O Amount of Judgment Subject to
AltachmenV42 Pa.C,S. !l8127 $
o Portion of Judgment for physical
damages arising out of residential
lease $
Amount of Juagment $ .00
Judgment eosts $ .00
Interest on Judgment $ .00
Attorney Fees $ .00
Total $ .00
Post Judgment Credits $ .
Post Judgment Costs $
============
Certified Judgment Total $
o This case dismissed without prejudice.
ANY PAR"" HASTHE, R1~H:r TO APPEAL WI1'HIN30DA YS AFTER THE ENTRY OF' JUDGMENT BY FICING A NonCE
OF APPEAL WITH THE PROTHONOTARY/CLERKOF THE COURT OFCOMMOffPLEAS, CIVIL DIVISION. 'YOU
MUST INCLUDE A COpy OF THIS NonCE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NonCE 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/N THE COURT OF COMMON PLEAS, ALL FURTHel'l PROCESS MUST
COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE~eil~1ERIl\'J;. DISTRICT JUDGE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTEREs~'jf:/ TH~JWOG$lEN'i'i.tA Y FILE
"1: '.~." . ....,. ".... " "'.."
A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DiSTRICT JUDGE IF THE J\!bllME!'i'T/DEBTOIl PIWS IN FULL,
SETTLES, OR OTHERWISE COMPUES WITH THE JUDGMENT. t .:..\:" ,....,\. ,f' '.
t":,:, ':"",.,k .:~, ..,
or'i.""".._ .r. ,'".
? .,.'.,',' .. ,"" .. .,
, Ma9J,S\!lriaJ. Dfstrj~t Judge
'>;'" .. ~'. .
I certify that this is a true and correct copy of the record of the proceedings containing~,i~dgment..
~"Ulj,I:U'\\)\'
Date ~ EXHIBIT . Magisterial District Judge
"
My commission expires first Monday of i G
:l
'"
MAY 2 72005Date
SEAL
AOPC 315-05
DATE 1'IlX1IlTBD :
43 AM
.
,
-'-,
...- ...."
,'(.:l': "~
NOTICE OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
POMMON PI;,EASNo. "', '" ,- 'iA '"1 ,'I
--', '''-.' ,., , "','., rA' ~.0.'i', \1iJ"\{/, G" ~' ..;
,,' "', " '..tICEOF,~taAL "r: ') -, '" -
'Y ->;. . I"""',"" ..,' . ,- ,". -,..',(.\(.1'-"
',., .., __" ....... .'~i;t:"';"-':':',:',',:t~.,,:,,,_. J''@,;j~:.:>'~'"'' ,'. . ,,")1'\,c ,;00:" ,1;"'<-f'''')
\'Iolice i$ ~lf that Ihe 'appeUant h'!l> ,flied lit the :p~G,.Go;'rt 01 Common Pleas an appeal from Ihe jU..dgmenl rendered by the District JusUce on
\!Ie date,!lIliII in the ca$e referenoed below. ' , . ' ,
COMMONWEAt.TH OF PENN.nVANIA
COURT OF COMMON PL.
Judlcla'tMl!lrtet. County Of
'",
NAME,OF APPellANT
C i', 0\, .'
AOORESO":':APPE T
2 :' ~) b 0 ( , , 71'15 kl"" tl f)
DAOF;JUOGMEliT, NTHE cASE OF (Piit/ntIffJ
)''21.0':.(;. eft
o ET No. , t.-~if~' """'!'Ii
-~.~.'t:.'0 o~~cf~1~t.,JS"_" ,.
A.,.... n.)
-NAME OF D,J:
f~IIAdi"~ "',,~. --c:.,
:!...,...'..,,-...:~ Q&:: /'-1 ,;1\./ , .
, .,' . "$TArE:",.... ,,- ," ZJPCOOE
~; ,~I
1"
'""'~,--_.-
:;;;:;T';,'1 r",J If I"':, q,i",,-
It 11 '~ant- '" (sea Pa. R.CP.D,J. NO. (f}OI(6) in Bcliedr
b.!iifi, a Distne/Justica, A a:JMPVtINT:Ni(i~r'BE FMil) within twenty
(20) days after filing lhe NOTICE of AP}l$l.L
_....,~"'~
':-::::"/;-'-<:"::'-'::'~~-"
, '
..
'- ';' - '''''';' ""',)"'-',, ,.", .7--""-:,;',\":.//\ :-;:_::~:-'-",:-< ,~",;,::\\~:,-'/"_-:'-;:,_::-_--,_-:_,_'_--.j , ",':'_ .-', ','
"tlI/lMeelPtS to __:j;Le 10'f!,.,~t;;#UNt AN9 ftUl.E'1if\) FlLE "
. (~i$er1IioI> o1fDtm to be1~l~LY 'r!hen apPeUanl Was OEFEMDAN,~,t~ae Pa.R.CP.O.J, No. 1aU~" aotlon before OISI';" Ju~HCf3. IF;
Ntlr-:If1SliDI ~ from 6O~.Jr~ce of4JPP,eaHCl-ke served upon appellee., . '. ;,'1\0'
~'t1iPrO\hO~ ,'" ' \ ~
e,lernlteUPOn J!.l~
"
,t-.,_
(Common Pleas Nb,
mplaint in this appeal .. ~' . '.
,~.. ~i,"
1 , .
try 01 judgmenl J'&nprOs. . "..
Ru..E: To
t.. JC-rfl/l L[)
N.... olapPalJaa($)
aQ9nL ~_
(1) You are nQti~Sdthata rule i$ hEitjj
01 Ihi$ rule upon you by personsl servicebrl)'
. '~",
(2) II you do not file a comp!~nl vJllhin thifma. a JUlllGMSNT OF NON PROS M~'r BE ENTERED'AGAIN?:\, YOU.
"',,* '
(3) The date 01 servi"," oflhis rule if$' s by "1811 i$ the date ?':h" ryailing. " i' .
1""''' " . 11.. :'ii",
D,,!~: ~;\<, -,;,r~ . ~OO$ ",. ~ .'.,~.
."~' ,..
" .;~.,
.........-.... ' .'."',
,,;:'.":"-;:(:';:,'~A);':,HMtL,:.:,.i;:ri':(::';:::':":::::"":":": _".....' .: ,'_ .,'.. .'" ".. ,,1
,~l'iVl{I!I/l.1y {20Y llaysafllif Ihe dale 01 serviCe
.,,':<....... ',,"-'-,":"-" ". .. .,: '1'
. . ,
,', :-~ .. \'
YOU MtlST INCLUDE; A COpy OF THEN()TICE OF JU!)$r.ttE""tfTRAN$OllII!T'FORM WITH THIS NOTICE QF APPEAL.
AOPC 312.02
!.
"
'"
w
~
. w
"'
C-l.l ~
H
....n
/
/
EXHIBIT
iz.
.' __.f '
":::, ',,"." "::,",
Lemoyne Auto Service
2236 Old Gettysburg Road
Camp Hill, P A 17011
717-731-4770
Invoice
Date Invoice #
912012004 1954
Vehicle Info
Bill To
RICK CROCKETT
155 SALEM CHURCH RD LOT 55
MECH, P A 17050
#795-9517
C# 2\5-5672
85 IROCZ
QIy
IP;tfJ
Description
1 INTERSTATE BATTERY MT-75
~ r#~~..
~
'"
~
R
~
~
<(
EXHIBIT
\
P.O. No. Terms
Rate
Amount
75,00
75,00
Sales Tax (6.0%) $0.00
Total
()
c-;
r->
(:::;:I
C,.::r
(;,.,....
<...-::
c__
r-
w
~
-l
:r:_~
n-;r-..::.
-r] ;..',;
~\)C,J
()(')
--j,:-,
~~
i>,~j
-.''''"-,'''
~'?
':;:-"i
C)
~~
THE LAW OFFICES OF SHANE B. KOPE
BY: SHANE B. KOPE, ESQUIRE
ATTORNEY 1.0. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkope~comcast.net Attorney for Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 3207 CV 2005 (OJ APPEAL)
RICHARD CROCKETT,
Plaintiff,
LEMOYNE AUTO SERVICE,
Defendant.
: CIVIL ACTION - LAW
DATE OF SERVICE: August 16, 2005
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE
YOU CAN GET LEGAL HELP:
Dauphin County Lawyer Referral Service
213 North Front Street
Harrisburg, PA 17101
(717) 232-7536
THE LAW OFFICES OF SHANE B. KOPE
'- ~i~~'
Shane . ope, Esq.
Date: August 16, 2005
CERTIFICATE OF SERVICE
I, Shane B. Kope, of The Law Office of Shane B. Kope, hereby certify that a true
copy of the foregoing Ten Day Notice of Intent to Enter Default Judgment was served
this date upon the below-referenced individuals at the below listed address by way of
first class mail, postage pre-paid:
Lemoyne Auto Service
2236 Old Gettysburg Road
Camp Hill, Pennsylvania 17011.
~.~ ~4\VQE~~ OF ~NE B. KOPE
........ -.
Shane'S. KOpe, e?q.
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
1.0.92207
Attorney for Plaintiff
o
~~:~
....,
=
,=
<.n
",..
~
GS
00
""
:x
tf!
c:::>
~
~::!J
n',-
-orD
,,,0
ob
::l:~
{~)0
6m
~f~
~
Law Offices of Lee E. Oesterling, LLC
42 East Main Street
Mechanicsburg, PA 17055
(717) 790-5400
IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL
DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD CROCKETT
Plaintiff,
No, 3207- CV- 2005
v,
Civil Action - Law
LEMOYNE AUTO SERVICE
Defendant
ANSWER
AND NOW, comes the Plaintiff, Lemoyne Auto Service, by and through counsel, Lee E.
Oesterling, Esquire and Answers the averments to Plaintiff, Richard Crockett's Complaint as
follows:
l. The averment in paragraph I is admitted.
2. The averment in paragraph 2 is denied. By way of further answer, Defendant Lemoyne
Auto Service is represented by it's principal agent Stanley Deimler and is not a Pennsylvania
3. The averment in paragraph 3 is admitted.
4. The averment in paragraph 4 is admitted,
5, The averment in paragraph 5 is admitted,
6. The avennent in paragraph 6 is admitted, however, by way of further answer, Defendant
stored the vehicle without financial renumeration and with the understanding that Plaintiff did
not have the fimds available to finance the necessary repairs.
7. Admitted in part , Denied in part, The avennent in paragraph 7 of Plaintiff's Complaint is
admitted regarding the nature of the repairs and work done. It is specifically denied that
Defendant failed to correct the problem or fix the vehicle,
8, Defendant is without information sufficient to form a belief as to the veracity of the
averment in paragraph 8. The averment is therefore denied and strict proof thereof is
demanded at time of trial,
9, The averments in paragraph 9 are denied. By way of further answer, Defendant requested
that Plaintiff bring the vehicle to his garage on two other occasions to correct what Plaintiff
described as a "humming sOlmd "coming from the area of the differential of the vehicle,
10. The averments in paragraph 10 are denied.
ll. The averment in paragraph Il is admitted.
12. The averments in paragraph 12 are conclusory as to the ultimate issue offact and law in the
case and as such are therefore denied.
13, The averments in paragraph 13 are concIusory as to the ultimate issue offact and law in the
case and as such are therefore denied,
14. The averments in paragraph 14 contain Plaintiff's characterizations of law and fact.
Accordingly they are denied and strict proof thereof is demanded at time of trial,
15. The averments in paragraph 15 are admitted.
l6, The averments in paragraph 16 are admitted.
17. The averments in pargraph 17 are admitted.
18, The averments in paragraph l8 areadmitted.
19. The averments in paragraph 19(a)-(c) are conclusory as to law and fact and as such are
denied and strict proof thereof is demanded at time of trial.
20. The averments in paragraph 20 are conclusory as to law and fact and as such are
denied and strict proof thereof is demanded at time of triaL
21. The averments in paragraph 2l (a)-(n) are conclusory as to law and fact and as such are
denied and strict proof thereof is demanded at time of trial,
COUNTERCLAIM
22, The prior paragraphs numbered l-20 are incorporated herein by reference thereto,
23, Plaintiff has failed to make payment for parts supplied and services rendered.
24, Plaintiff has been unjustly enriched by receiving valuable good and services and not paying
for them.
25. Plaintiff owes Defendant the sum of$lI83.57 for the aforementioned goods and services.
WHEREFORE, Defendant prays for relief in the form of a judgment against Plaintiff
and judgment in favor of Defendant for any counterclaim to which he is entitled by law.
Respectful
Lee E. Oester mg, Esquire,
42 East Main Street
Mechanicsburg, P A 17055
(717)790-5400
VERIFICATION
I verifY that upon personal knowledge or infonnation and belief that the statements made in this
Answer and Counterclaim are true and correct. I understand that false statements herein are made subject to
the penalties of 18 Pa.C.s. 9 4904, relating to unswo 3lsification to authorities.
Date:
(") .....,
c .= 0
=
"-" "T1
"'" ::;:!
=
G') fii:TJ
N -oF;;
w :Ul
()
-v :-,~~
, ::l:: C) -'1
( ". (")
- c ':'? 2:) rn
::~ "'"
--,' N ,,>
'. _1)
N .<
THE LAW OFFICES OF SHANE B. KOPE
BY: SHANE B. KOPE, ESQUIRE
ATTORNEY I.D. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkopelalcomcast.net Attorney for Plaintiff
RICHARD CROCKETT,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY,PENNSYLVANIA
vs.
: NO. 3207 CV 2005 (DJ APPEAL)
LEMOYNE AUTO SERVICE,
Defendant.
: CIVIL ACTION - LAW
NOTICE TO PLEAD
To: Defendant:
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM
SERVICE HEREOF OR A JUDGEMENT MAY BE ENTERED AGAISNT YOU.
Respectfully Submitted,
THE LAW OFFICES OF SHANE B. KOPE
<C'~ ~
,-' ~~- .-~~ .,
\'. -- ~,
Shane B. 1\0 , q.
Date: October 11, 2005
THE LAW OFFICES OF SHANE B. KOPE
BY: SHANE B. KOPE, ESQUIRE
ATTORNEY I.D. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkope@comcast.net
Attorney for Plaintiff
RICHARD CROCKETT,
Plaintiff,
vs.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,PENNSYLVANIA
NO. 3207 CV 2005 (DJ APPEAL)
LEMOYNE AUTO SERVICE,
Defendant.
CIVIL ACTION - LAW
PLAINTIFF'S PRELIMINARY OBJECTION
TO DEFENDANT'S ANSWER TO THE COMPLAINT
To the Honorable Judges of said court:
AND NOW, this day of October 11, 2005, comes the Plaintiff, Richard Crockett,
and sets forth the following Preliminary Objection to Defendant's Answer to the
Complaint:
A. Procedural History
1. Plaintiff commenced the instant action by filing a Complaint on July 13, 2005.
2, Plaintiff filed a Notice of Default on August 18, 2005 stating there had been no
answer to Plaintiffs Complaint.
3. Plaintiff was made aware by the Prothonotary of the Cumberland County Court of
Common Pleas that an Answer to Plaintiffs Complaint was filed on August 23, 2005.
4. As of the date of this Preliminary Objections, Plaintiff has not been served the
Answer to the Complaint.
B. Preliminary Objection Pursuant to P.A. R.C.P. 1028 (A) (2) for Failure of a
Pleading to Conform to Law or Rule of Court.
4. PA Rule of Civil Procedure 440 (a) (1) provides:
That copies of all legal papers other than original process filed in an action or
served upon any party to an action shall be served upon every other party to an
action
5. Defendant has not served the Answer to the Complaint to the Plaintiff in this action
and is in violation of Pa. R.C.P. 440 (a) (1).
6. Pa. R.C.P. 1028 (a) (2) allows a party to preliminarily object to a pleading for
failure to conform to law or a rule of court.
7. Defendant's Answer has not properly been served upon Plaintiff as required and
must be stricken.
WHEREFORE, Plaintiff, Richard Crockett requests that his Preliminary Objection
be sustained, and that this Honorable Court strike Defendant's Answer.
Respectfully Submitted,
THE LAW OFFICES OF SHANE B. KOPE
0~~
Date: October 11, 2005
n
>;,
r::?..
"~:;,
"., -
-"
._~ UJ
o
t-}
--~
..-
:;:--
C>
~'n
-'-',~
-::;;.,
...:\..,.
-
-
Df;; - 2,;)67 (]ui...~""l.
CERTIFICATE OF SERVICE
I, Shane B. Kope, Esquire, do hereby certify that on October 24, 2005 I served
a true and correct copy of the foregoing Plaintiff's Preliminary Objection to
Defendant's Answer to the Complaint on Defendant's counsel, Lee Oesterling,
Esquire, at the following address via first class mail, postage prepaid as follows:
Lee Oesterling & Associates
42 East Main Street
Mechanicsburg, PA 17050
Attorney for Defendant
THE LAW OFFICES OF SHANE B. KOPE
, Esq.
1.0.92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
Attorney for Plaintiff
-~-;
"",'
. ~
. .
THE LAW OFFICES OF SHANE B. KOPE
BY: SHANE B. KOPE, ESQUIRE
ATTORNEY I.D. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkoDe@comcast.net Attorney for Plaintiff
RICHARD CROCKETT, IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 3207 CV 2005 (DJ APPEAL)
LEMOYNE AUTO SERVICE,
Defendant. : CIVIL ACTION - LAW
To: Lee Osterling (Attorney for Defendant)
DATE OF SERVICE: December 7,2005
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU
IN PLAINTIFF'S PRELIMINARY OBJECTIONS. UNLESS YOU ACT WITHIN TEN (10) DAYS
FROM THE DATE OF THIS NOTICE, A JUDGEMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT
RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT
HAVE A LAWYER OR CANNNOT AFFORD ONE, GO TO OR TELEPHONE THE
FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
THE LAW OFFICES OF SHANE B. KOPE
-~
Shane B.
Date: August 16, 2005
.
. .
CERTIFICATE OF SERVICE
I, Shane B. Kope, of The Law Office of Shane B. Kope, hereby certify that a true
copy of the foregoing Ten Day Notice of Intent to Enter Default Judgment was served this
date upon the below-referenced individuals at the below listed address by way of first class
mail, postage pre-paid:
Lee Oesterling & Associates
42 East Main Street
Mechanicsburg, PA 17050
(Attorney for Defendant)
THE LAW OFFICES OF SHANE B. KOPE
B. Kope,Es
I.D.92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
(Attorney for Plaintiff)
Date: December 7,2005
-d
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
CAPTION OF CASE
(entire caption must be stated infull)
RICHARD CROCKETT
(Plaintiff)
Ys.
LEMOYNE AUTO SERVICE
(Defendant)
No. 3207 CV 2005
2005 Term
1. State matter to be argued (i.e., plaintiff's motion for new trial. defendant's demurrer to
complaint. etc.):
Preliminary Obiections
2, Identify counsel who will argue cases:
(a) for plaintiff:
Shane B. Kooe
(Name and Address)
4660 Trindle Road. Suite 201. Camo Hill. PA nOI I
(b) for defendant:
Lee Oesterlimr
(Name and Address)
42 East Main Street. Mechanicsburg. P A 17050
3. 1 will notify all parties in writing within two days that this case has been listed for argument.
4, Argument Court Date:
February I 5. 2006
ws=-)-.
ShGl~ 75:: {<:o~
Print your name
tf1cL....arJ C,.c.'=-- f-r
Attorney for
Date:
12--( Z ? (Z.OCI1~
"
~;~
c_
~'4
~;::
;";.;
~::
,
00
(-:-?
-[,.
THE LAW OFFICES OF SHANE B. KOPE
BY: SHANE B. KOPE, ESQUIRE
ATTORNEY 1.0. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkoDe@comcast.net
Attorney for Plaintiff
RICHARD CROCKETT,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY,PENNSYLVANIA
vs.
NO. 3207 CV 2005 (OJ APPEAL)
LEMOYNE AUTO SERVICE,
Defendant.
CIVIL ACTION - LAW
CERTIFICA TE OF SERVICE
I. Julie Wehnert, do hereby certify that on December 29, 2005 I served a true
and correct copy of the foregoing Praecipe to List Case for Argument on Defendant's
counsel, Lee Oesterling, Esquire, at the following address via first class mail, postage
prepaid as follows:
Lee Oesterling & Associates
42 East Main Street
Mechanicsburg, PA 17050
Attorney for Defendant
THE LAW OFFICES OF SHANE B. KOPE
~J7 1/' ! J/
.: 1 t'lXJ< lM..
J i e Wehnert.
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
--\
i\
c,
RICHARD CROCKETT,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V,
: 05-3207 CIVIL TERM
LEMOYNE AUTO SERVICE,
DEFENDANT
: CIVIL ACTION - LAW
IN RE: PLAINTIFF'S PRELIMINARY OBJECTION TO DEFENDANT'S ANSWER TO
COMPLAINT
BEFORE BAYLEY. J. AND EBERT. J,
ORDER OF COURT
AND NOW, this 27th day of February, 2006, after argument, the Plaintiff's
preliminary objection is GRANTED; IT IS HEREBY ORDERED AND DIRECTED that the
Defendant's answer to the Plaintiff's complaint is STRICKEN.
By the Court,
,-L~
M. L. Ebert, Jr.,
Lee E. Oesterling, Esquire
Attorney for Plaintiff
Shane B. Kope, Esquire
Attorney for Defendant
~
-../;1.,,21,0&
/W1A-<--l.-LAt
+.
Court Administrator-.: J..-< '"
#'l1f"~-'\\O
MLE/bas ~S
, ,
\'.
.,
~,I ~\1, ~ i..
.~ .
\
~
..
,..
KOPE & ASSOCIATES
BY: SHANE B. KOPE, ESQUIRE
ATTORNEY 1.0. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkope@comcast.net
Attorney for Plaintiff
RICHARD CROCKETT,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 3207 CV 2005 (OJ APPEAL)
LEMOYNE AUTO SERVICE,
Defendant.
CIVIL ACTION - LAW
DATE OF SERVICE: April 24, 2006
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU,
UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE
YOU CAN GET LEGAL HELP:
Cumberland County Lawyer Referral Service
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
KOPE & ASSOCIATES
~~~~
<~
8mnre ~ K q.
Date: April 24, 2006
'"
CERTIFICATE OF SERVICE
I, Shane B. Kope, of The Law Office of Shane B. Kope, hereby certify that a true
copy of the foregoing Ten Day Notice of Intent to Enter Default Judgment was served
this date upon the below-referenced individuals at the below listed address by way of
first class mail, postage pre-paid:
Lee Oesterling & Associates
42 East Main Street
Mechanicsburg. PA 17050
Attorney for Defendant.
~~~/----
~~i~~"'e 201
Camp Hill, PA 17011
(717) 761-7573
1.0.92207
Attorney for Plaintiff
Date: April 24, 2006
~ ~
KOPE & ASSOCIATES
BY: SHANE B. KOPE, ESQUIRE
ATTORNEY 1.0. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkooe@comcast.net
Attorney for Plaintiff
RICHARD CROCKETT,
Plaintiff,
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 3207 CV 2005 (OJ APPEAL)
LEMOYNE AUTO SERVICE,
Defendant.
CIVIL ACTION - LAW
PRAECIPE TO ENTER DEFAULT JUDGMENT
AGAINST DEFENDANT, LEMOYNE AUTO SERVICE
TO THE PROTHONOTARY OF SAID COURT:
Please enter default judgment in favor of the plaintiff, Richard Crockett, against
defendant, Lemoyne Auto Service, for failure to answer or otherwise respond to the
Complaint-Civil Action. Plaintiff filed Preliminary Objections to Defendant's Answer on
October 14, 2005. These Preliminary Objections were granted by Order of Court dated
February 27, 2006 and the Defendant's Answer was stricken from the record. A copy of the
Order is attached hereto as "Exhibit "A". A copy of the Notice of Intention to Take Default
sent to the defendant on April 24, 2006 via First Class Mail is attached hereto as Exhibit "B".
Assess damages as set forth below:
Amount Claimed In Plaintiffs Complaint:
Attorneys Fees:
Total:
$3,500.00
$1,767.00
$5,267.00
IAT
~
Date: :;-l40<(;
Judgment entered and damages assessed as above.
p-~~
.
RICHARD CROCKETT,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
: 05-3207 CIVIL TERM
LEMOYNE AUTO SERVICE,
DEFENDANT
: CIVIL ACTION - LAW
IN RE: PLAINTIFF'S PRELIMINARY OBJECTION TO DEFENDANT'S ANSWER TO
COMPLAINT
BEFORE BAYLEY, J. AND EBERT. J.
ORDER OF COURT
AND NOW, this 27th day of February, 2006, after argument, the Plaintiffs
preliminary objection is GRANTED; IT IS HEREBY ORDERED AND DIRECTED that the
Defendant's answer to the Plaintiff's complaint is STRICKEN.
By the Court,
~ -L lk\
M. L. Ebert, Jr.,
Lee E. Oesterling, Esquire
Attorney for Plaintiff
Shane B. Kope, Esquire
Attorney for Defendant
Court Administrator
MLE/bas
TfifUE,COPY FROM RE,...~1nf'
In re.tlr!lo'; ',. ,,-,
, "! ny Whereof. ,_ ualo k' ,,'(j
d, ,:1:11e lOiliIlllt said Coun "'''"i''''''' ,...
Tbi6 .lz!!!-- ~..""'" rG.
I ~~ r. 'L,~<~ .Jw~
( r t9 1Ljo4
ProthooOl8I'tf
.'
KOPE & ASSOCIATES
BY: SHANE B. KOPE, ESQUIRE
ATTORNEY 1.0. 92207
4660 Trindle Road, Suite 201
Camp Hill, PA 17011
(717) 761-7573
sbkoDelCllcomcast. net
Attorney for Plaintiff
RICHARD CROCKETT,
Plaintiff,
vs.
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 3207 CV 2005 (OJ APPEAL)
LEMOYNE AUTO SERVICE,
Defendant.
: CIVIL ACTION - LAW
DATE OF SERVICE: April 24, 2006
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A
JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY
LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNNOT
AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE
YOU CAN GET LEGAL HELP:
Cumberland County Lawyer Referral Service
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
KOPE & ASSOCIATES
S
q.
Date: April 24, 2006
.>
CERTIFICATE OF SERVICE
I, Shane B. Kope, of The Law Office of Shane B. Kope, hereby certify that a true
copy of the foregoing Ten Day Notice of Intent to Enter Default Judgment was served
this date upon the below-referenced individuals at the below listed address by way of
first class mail, postage pre-paid:
Lee Oesterling & Associates
42 East Main Street
Mechanicsburg, PA 17050
Attorney for Defendant.
S
~
hane B. Kope, sq.
46 . ad, Suite 201
Camp Hill, PA 17011
(717) 761-7573
1.0. 92207
Attorney for Plaintiff
Date: April 24, 2006
.'.
. -
GJ ~
-:D .-..l0 ';;; Q;
e:. ?\t (')
c "'"
\\:- \) ,~ d" ~:rJ
~.,'> ::It
9- C> -o,-n
o;tr; ~
- ~;. --. -v~
- ~ _",0\ - ~\"
~ - -J 7]) ~\C_ - ~o
...:::t --< ~L -Y'.
".-n
r '- .." C-;?,
-:? (,.J ~('~~\ :s t.5.
~ """v '?C' ti? ""'
*- t ~ - ~
'" :...;
~
~ (
------
r----