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HomeMy WebLinkAbout05-4923CIQMMONWEALTM OF PENNSYLVANIA COURT OF COMMON PLEAS Cumberland County JUDICIAL DISTRICT 09-3-05 NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON PLEAS No OS - 7 l NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice date and in the case mentioned below. Dean Smith +31+0 W. Canal Road, Dover, PA 17315-+041 Dean Smith 9/15/05 IDriveKore, Inc. Cv20 0000255-05 LT 20 This block will be signed ONLY when this notation is required under Pa. RCP P. No. 10088. This Notice of Appeal, when received by the District Justice, will op to as a SUPERSEDEAS to the judgment for possession in this case If appellant was CLAIMANT (see Pa. R.C.P.J.P 1001(6) in action before District Justice, he M FILE A COMPLAINT within twenty (20) days filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justk IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon D r i v e K o r e , Inc. appellee(s), to file a complaint in this aF Name of appelieels) (Common Pleas No. - q9-13 01'1 ) within twenty (20) days after ser ' f suffer entry of judgment of non ?JZ-I"1 Sigm&m of agoelant or trs attorney i RULE: To D r i. v e K o r e, C rl c. appellee(s). Name of aAwfiv0s) (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: ?134 el I 2011V of Rothonoonya FROM 09-3-05 AOPC312-90 COURT FILE TO BE FIL.EL, `MTTH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MJST EE FILED W'TM'N TEN (10) 04, Y5 AFTER filing the notice of appeal. Check applicabie boxes) COMMON WEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT: I hereby swear of affirm that i served ? a copy of the Notice of Appeai Common Plea's No upon the District Justice designated therein on (date of service) t ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appelle, (nafne± on 20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. ? and further that 1 served the Rule to Five a Corrpiaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on 20? ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature ofaffiant Signature ofofficial before whom affidavit was made Title of official My commission expires on 20 6w?^ lv (v C, `( ((N? Z 'T3 N C= C= -n cj", --1 M . 0 C GJ CD CbMMONWEALTH OF PENNSYLVANIA `,COUNTY OF: CUMBERLAND Mag. Dist. No.. 09-3-05 MDJ Name: Hon. GAYLE A. ELDER Address: 507 N YORK ST MECHANICSBURG, PA Telephone: (717 ) 766-4575 17055 ATTORNEY DEF PRIVATE : LARRY C. HEIN 345 E MARKET ST YORK, PA 17403-5616 THIS IS TO NOTIFY YOU THAT: Judgment: NOTICE OF JUDGMENT/TRANSCRII PLAINTIFF: CIVIL CASE NAME and ADDRESS I'DRIVEKORE, INC P.O. BOX 2004 MECHANICSBURG, PA 17055 L vs. DEFENDANT: NAME and ADDRESS FSMITH, DEAN 4540 N. CANAL ST DOVER, PA 17315-4041 L Docket No.: CV-0000266-05 Date Filed: 7/27/05 r ® Judgment was entered for: (Name) DRIy1R4O91mINC Fg Judgment was entered against: (Name) amTT$., n1Rsu in the amount of $ i 92 _ Sr on Defendants are jointly and severally liable. Damages will be assessed on: F This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgrent for physical damages arising out of residential lease $ (Date of Judgment) 9/1R Ins (Date & Time) Amount of Judgment $ 120.81 Judgment Costs $ 72.01 Interest on Judgment $ • 01 Attorney Fees $ .01 Total $ 192.8' 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 JUDGMENT/TRANSCRIPT FORM'WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVID9113 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 JUDGI UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF. THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. `. Date Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date Magisterial District Judge My commission expires first Monday of January, 2006. SEAL ` AOPC 315-05 DATE PRINTED: 9/19/05 12:09:44 PM COMMbNWEALTN OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT ,•i; NOTICE OF APPEAL DISTRICT JUSTICE JUDGMENT COMMON PLEAS Na NOTICE OF APPEAL Notice is given that the appellant has filed in the above Coat of Common Pleas an appeal. from the judgment rendered by the District Justice on the date and in the case mentioned below. .?.?..?.. W. CdnaL koa( m i)Overs i v,.?LeI LC_. K 3c?3 ?.ili l; ICV20.^ )?h):)iS-%)i tf 20 f be sinned ONLY when this notation is required under a. -R 10088, This Notice of Appeal, wlren received by the District Justice, will operate as a SUPERSEDEAS to the judgment far possession in this case if appellant was CLAIMANT (see Pa. H.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. ? Signatu2 of Rothonofary a Deputy F PRAECIPE TO ENTER RULE TO FILE COMPLAIM (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P. . No)1001(7) in action before District IF NOT USED, detach from copy of notice of appeal to be servgd,upon appellee)-,,_,_,¢ PRAECIPE: To Prothonotary Enter rule upon i 1 r i y 'C r n-m i n ^ 4 , appellee(s), to file a complaint in this appeal Nang of appeFWS) (Common Pleas No ( 1JCf )t ) within twenty (20) days after swvic'pf 9"'1" or suffer entry of judgment of non pros. r r SVwkre of appeaaW a he attamey a agent RULE: To crive{ouo ITTC. ,oppaee(s). None of appease(s) (1) You on 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 ulion you by personal service or by certified or registered mail , ' (2) If ybu do hot file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The dote of service of this rule if service was by mail is the date of mailing Date:, 20e?j of nabonarr a J AOPC 812-90 COURT FILE PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof vt ewvy cc MiS F f3E FILED A [H N EN tn) OF VS AI'TER tiling the roue of tvppeal ChecA applicab'e boxes) COMMON WEALTH OF PENNSYLVANIA COUNTY OF. Lb t-k- _ vs ?J AFFIDAVIT: t hereby swear of affirm that I served 4Z a copy ct the Nofl:e of Appeal, Qom ion, Pleas N1b -qz/j30) ,/Te pon the District Justice designated therein on (date of service.. __ _ by personal sereice ? by (certified) (reg4taxad) mail, sender's mce? t a ac h nereto. V ad up n m appalls (n ?r rt; ? on 20 _ J by persona; ser,;ce `Q by (cerhfied>(r?tered) mail, sender's receipt attached hereto. and her . at I served the Ru'e fc Rife a Conij,lalra accompanying the above Nytice of Appeal upon the appelfee(s) to whom 1• the Rule was addressed on _? 2G_ 13 by personal service)Lby (certified) (ragi?d) mall, sender s receipt attached hereto 1 SWORN (AFFIRMED) AND SUBSCRIBED BEFORE A4'r_ TH1f?__CrAY' 20 1 ?-?? ? --? ????`CI ? 6 _ Signature of a?an[ Signa?Gie ofoRn;ral belnre f>brr? slf?dar?.' was tarf ---?_Title of oNkiaf COMMONWEALTH OF PENNSYLVANIA My commission expires on _tC'MVWWZEAL. -- ?Unie L. Shaffer, NoaryPuble York Ctty, York County My COmmieeton EWkMAUQ. 14, 2007 C o n C: . - cn cr? aCr C.fi 0 lD rU - a M1 _0 M Er m dr• m Cerflfled Fee O O Reoae Reolept Fee O (Endoraemerd Requlmd) O Reatrlcted DelN" Fee to (Endoreemet RegWred) r`- p Toted Postage a Fees Postmark Here o fO 1?. Lt D-' M1 ?. e r-i M1 Ir m I OF CD t C3 Cedlged Fee O O Rehm Rlgr Fee O (Endorsement Requked) CZ' AeaMOted DW Nary Fee Lr) (Endaraement Repaired) r - M Toted Postage & Fees inn ?i°rnn_"?n? Posunerk Here -r S" C3 ° rdvekore =?e - o ------ --•---- - ------ ----- orPOiiFr:nb.; nn DRIVEKORE, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-4923 DEAN SMITH CIVIL ACTION -LAW Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claim 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 OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 DRIVEKORE, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-4923 DEAN SMITH CIVIL ACTION -LAW Defendant COMPLAINT AND NOW, comes the Plaintiff, DriveKore, Inc., by and through its' attorney, Charles Rector, Esquire, and avers in support of its' Complaint as follows: 1. Plaintiff, DriveKore, Inc., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal place of business located at 101 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant, Dean Smith, is an adult individual believed to reside at 4540 W. Canal Road, Dover, York County, Pennsylvania, PA 17315. 3. Plaintiff engages in the business of, among other things, repairing, renting and selling tools and materials for construction projects to contractors. 4 During a civil hearing before Magisterial District Judge Gayle A. Elder, Defendant acknowledged that although repairs to two (2) Milwaukee Impact Wrenches were billed on November 12, 2003 and November 13, 2003, to his former company, Amerifab Material Handling, said tools belonged to him personally. A true and correct copy of the invoices for these repairs are attached hereto, incorporated herein and marked collectively as Exhibit "A." 5. Despite repeated written demands for payment, Defendant has failed and/or refused to pay the total balance owing of $116.80. 6. Plaintiff is entitled to interest at the legal rate of 6% per annum. WHEREFORE, Plaintiff, DriveKore, Inc., demands judgment in its' favor and against Defendant, Dean Smith in the amount of $116.80, plus interest which accrues until final adjudication, costs and for such other relief as the Court deems just and appropriate under the circumstances. RESPECTFULLY SUBMITTED, Date: arl Rector, 1104 Fernwood Camp Hill, PA (717) 761-8101 Avenue, Ste. 203 17011-6912 I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 7 - Jerry L DriveKore, Inc. Date: ?S?3G`a CERTIFICATE OF SERVICE I, Charles Rector, Esquire, do hereby certify that on the 31sT day of May, 2006, I caused a true and correct copy of the within Civil Complaint to be served upon the following counsel of record by depositing same in first class, United States mail, postage paid, in Camp Hill, Pennsylvania: Larry C. Heinz, Esquire Satherman, Heim & Perry 345 E. Market Street York, PA 17403 By: TIU4 Fernwood/Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date: S J/ Q 6 DRivEKoRE INC. INVOICE DATE INVOICE NO. aci; Na. 11/12/03 604274 1 LjjQA$E SEND REMITTANCE TO: P. 0. BOX 2004 DriveKore Inc. MECI 4NICSBURG, PA 17055 P.O. Box 2004 Mechanicsburg, PA 17055 INVOICE (717) 766-7636 * (800) 382-1311 * Fax (717) 766-1101 * www.drivekore.com SALES REPAIR • RENTAL • SHARPENING • CONCRETE SAWING & DRILLING BILL AMERI-FAB MATERIAL HANDLING SHIP AMERI-FAB MATERIAL HANDLING TO: PO BOX 309 TO: 4590 DAVIDSBURG ROAD THOMASVILLE, PA 17364 DOVER, PA 17315 CUSTOA4ERNUMB$R 6hIP VIA '. SHIP DATE TEhRITORY NO. P.O.I].OS NO. WOftk QRD13it 12697 YRK 11/12/03 001 V22348 E7LM[ UM R DE k7P]LdN u QUAIkr.1'Tr 9KOBU_i>: puAhtrrcv SH1PP 1JN1T:1!7tl?f TENDIuUPIiYCE MILWAUKEE ELECT TOOL CO Model: 9079-22 (SVC) MILW 1/2" IMPACT WRENCH SIN: T38879 Tag # 38879 Bin # 166 COMPLETE REPAIR 1 - TOOL NEEDS REPAIRED LBR200 LABOR FOR REPAIRMEN-YK 1 0 1 31.0000 31.00 23-66-0106 SWITCH ASSEMBLY - SERVIC 1 0 1 48.0625 48.06 F£DERRL I D NO, A SER ?iCt GHARGF 4F I;596X£R MU>`FN MT. MT. C 1 44 7 .3D NAYS T6$s: TO 6NSU961,16pakCAMITTO YOUR NE T TAB DOTAL 23-I5$4350 ES cRemoi km INVOI ANNUALLY)MILL RE0 ACCOUNT;PLEA5ERErl1AN RE4trT ANCE NOT: YA1A WJTAIN N IIAYS 4812ATE OF Ihi UTCE STuewrrH YOUie PAratiENT 79-06 4.74 3. PLEASE REPORT ANY INVOICE DISCREPANCIES WITHIN TEN (10) DAYS ----- PLEASE DETACH REMITTANCE STUB HERE AND INCLUDE WITH YOUR PAYMENT TO ENSURE ACCURATE CREDIT ___------- _------ _----- ___ ITEM NUMBER DESGRI;YTIQN - ANGI7'Y ORI7»R QUANTITY 4NORD ' '.. UAMfrY - SHIPP?,D UNIT . PRICE EXTENDED PRICE MILWAUKEE ELECT TOOL CO Model: 9079-22 (SVC) MILW 1/2" IMPACT WRENCH SIN: T38879 Tag # 38879 Bin # 166 COMPLETE REPAIR 1 - TOOL NEEDS REPAIRED LBR200 LABOR FOR REPAIRMEN-YK 1 0 1 31.0000 31.00 23-66-0106 SWITCH ASSEMBLY - SERVIC 1 0 1 48.'0625 48.06 EXHIBIT CUSTOMER NUMBER SHIP DATE INVOICE DATE INVOICE NUMBER/WORK ORDER NET TAX. TOTAL 12697 11/12103 11/12/03 604274/V22348 79.06 4.74 83 :80 INVOICE DATE INVOICE Np AGE No. 11/13/03 604625 1 PLEASE,SEND RE'MIT'TANCE TO: P. 0. BOX 2004 DriveKore Inc. MECHANICSBURG, PA 17055 P.O. Box 2004 Mechanicsburg, PA 17055 INVOICE (717) 766-7636 * (800) 382-1311 * Fax (717) 766-1101 * www.dylvekore.com SALES REPAIR • RENTAL • SHARPENING • CONCRETE SAWING & DRILLING BILL AMERI-FAB MATERIAL HANDLING SHIP AMERI-FAB MATERIAL HANDLING TO: PO BOX 309 TO: 4590 DAVIDSBURG ROAD THOMASVILLE, PA 17364 DOVER, PA 17315 CWSTOMEttNUM$ER SIItPYIA WP ATE TERRITORY NO. P.O./JOB NO. WORKQRDEIt. 12697 YRK 11/13/03 001 V22347 Y'C?1NI?UMB?It DS,5CRfFTIQN :OAIf?BRE?O ?@ OAD ? SIIVRrImv UPItTPR1C6 ,.: NJk'TENiSTI!!Y'1tl?E MILWAUKEE ELECT TOOL CO Model: 9079-22 (SVC) MILW 1/2" IMPACT WRENCH SIN: 241A40120938 Tag # 38736 Bin # 165 COMPLETE REPAIR 1 - TOOL NEEDS REPAIRED LBR700 LABOR CHARGE FOR REPAIRMEN-D 1 0 1 29.0000 29.00 22-56-0200 CONNECTOR BLOCK 1 0 1 2.1250 2.13 FEDERAL I.D. NO. ASERVICECHARGFQF 1.5% PER m'ONTH (I8% THgMS;'Naxr' ? tYAVs IOrNSUARPR0151ttl4MITTOYOUR N18 T TAX TOE 23.1684350 ANNUALLY}NzI1,L BGGHARGED4DN ALL INVOICES pUCOUrrr PLEYSE1C6ftBlIVR&MITTANCE NOT PAID WITHI910 DAYS OF DATE OF INVQICE STURWft.H*YDUR PAYMENT 1;..13 1, 7 PLEASE REPORT ANY INVOICE DISCREPANCIES WITHIN TEN (10) DAYS PLEASE DETACH REMITTANCE STUB HERE AND INCLUDE WITH YOUR PAYMENT TO ENSURE ACCURATE CREDIT ITEM NUMBjsR. .... '. DE$?R:©A! .. : Q17AltTITk RUP<RER <-QIiAN RI"D -: BK9RD--. Tf? ANTfTY SHIPPED UNIT ;PRICE EXTTr11jI?I?D.RWCE MILWAUKEE ELECT TOOL CO Model: 9079-22 (SVC) MILW 1/2" IMPACT WRENCH SIN: 241A40120938 Tag # 38736 Bin # 165 COMPLETE REPAIR 1 - TOOL NEEDS REPAIRED LBR700 LABOR CHARGE FOR REPAIRMEN-D 1 0 1 29.0000 29.00 22-56-0200 CONNECTOR BLOCK 1 0 1 2.1250 2.13 CUSTOMER NUMBER SHIP. DATE INVOICE DATE INVOICE NUMBER/WORRORDER :NET TAX'. TOTAL 12697 11/13/03 11/13/03 604625/V22347 31.13 1.87 33'.00 C7 :a rn L. C. Heim KATHERMAN, HEIM & PERRY Attorney I.D. No. 23155 345 East Market Street York, PA 17403 (717) 854-5124 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DRIVEKORE, INC. Civil Action - LAW Plaintiff VS. DEAN SMITH Defendant L-3. Admitted. No. 2005 -SU-4923 ANSWER 4. Denied. The tools in question were power tools purchased and owned by Amerifab Material Handling, Inc., to whom the bills were sent by plaintiff. 5. Admitted, in that no amount is due from defendant. 6. Denied, in that no amount is due from defendant. WHEREFORE, defendant demands judgment in his favor. KATHERMAN, HEIM & PERRY by: AL- L,E'llitm' Attorney for Defendant I hereby verify that the statements in this ANSWER are true and correct to the best of my knowledge information and belief. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. Sec. 4904, relating to unsworn falsification to authorities. DATE: July 5, 2006 4140 "=W- DEAN SMITH CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing was served upon the following person on this date by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Charles Rector, Esquire Law Offices of Charles Rector, Esquire, P.C. 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 DATE: 7/6/06 345 East Market Street York, PA 17403 (717) 854-5124 l=i f ii `17 Curtis R. Long Prothonotary Office of the Protbonotarp Cumberlaub Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor QS - 44,U? CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, 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