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HomeMy WebLinkAbout05-5624?? 0?. 3?, acmes I H Ut YCNNJTLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DIST'RICT' JUSTICE JUDGMENT Stogy COMMON PLEAS No. OS - NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. VS No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after riling the NOTICE of APPEAL. Signature of Proft ary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF 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 after service of rule or suffer entry of judgment of non pros. Signature of appellant orattomey or agent RULE: To Name of appellees) 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 MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date: .20 Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE-COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW-APPELLANT'S COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE i 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 of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (aff irm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) , 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) 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 ofaffianf Signature of official before whom affidavit was made rile of official My commission expires on O Lt/ ii V I ue L.J i --I ` - COMMONWEALTH OF PENNSYLVANIA rnl INITV nr= CUMBERLAND Mag Drst. No.' 09-1-01 MDJ Name: Ron. CHARLES A. CLEMENT, JR Address: 400 BRIDGE ST OLDS TOWNE COMMONS -SUITE 3 NEW CUMBERLAND, PA Telephone. (717) 774-5989 17070 NOTICE OF JUDGMENT/TRANSCRIPT PLAINTIFF CIVIL CASE NAME and ADDRESS FTHOMAS E BROWN INC 7 4700 OLD GETTYSBURG ROAD LMECHANICSBURG, PA 17055 J vs. DEFENDANT: NAME and ADDRESS FRAY, SUBIR 3 SOUTHWATCH LAMS MECHANICSBURG, PA 17055 THOMAS E BROWN INC L J 4700 Docket No.: CV-0000475-05 OLD GETTYSBURG ROAD Date Filed: 8/10/05 MECHANICSBURG, PA 170559 THIS IS TO NOTIFY YOU THAT: Judgment: - FOR DEFENDANT ® Judgment was entered for: (Name) RAY, arrelu ® Judgment was entered against: (Name) THnMA$ R Ransm INC__ in the amount of $ _00 on: (Date of Judgment) 1 n /n5/n5 Defendants are jointly and severally liable. (Date & Time) 11 Damages will be assessed on: This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease $ ANY PART/ HAS THE RIGHT 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 JUDGMENTTRANSCRIPT 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 COUIFtT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEA5,AND;NO FURTHtFr PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE CduRT OF CCa,O?MMON PLEAS, ANYONE INTERESTED IN THEJUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE M/ C??fSTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. OCT - 5 2005 Date Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, 2008 . AOPC 315-05 DATE PRINTED: 10/07/05 10:58:39 AM Amount of Judgment $ Judgment Costs $ Interest on Judgment $ Attorney Fees $ Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ , Magisterial District Judge SEAL THOMAS E. BROWN, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-5624 SUBIR RAY, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any 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 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 THOMAS E. BROWN, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-5624 SUBIR RAY, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED COMPLAINT NOW COMES Plaintiff, Thomas E. Brown, Inc., files the following Complaint, representing as follows: 1. Plaintiff is Thomas E. Brown, Inc., a Pennsylvania Corporation, with a principal place of business at 4700 Old Gettysburg Road, Lower Allen Township, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Subir Ray, is an adult individual living at 3 Southwatch Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Jurisdiction is proper in this County because all facts and circumstances concerning the claim set forth herein occurred in Cumberland County, Pennsylvania. 4. Plaintiff Corporation is engaged in the business of auto collision repair. 5. On or about January 27, 2005, the defendant engaged the services of Plaintiff corporation to estimate the cost of repair for his 2000 BMW 740IL, which had incurred damage to the front of said vehicle. 6. On or about January 27, 2005, the defendant was provided by Plaintiff with a written estimate for repairs in the amount of approximately $753.00. 7. On or about January 28, 2005, the defendant contacted Plaintiff to schedule the work to begin, which date was approximately March 9, 2005. 8. On or about March 9, 2005, the defendant left his vehicle in the possession of Plaintiff to have the work performed in accordance with the estimate. 9. Beginning on or about March 9, 2005 and ending on March 10, 2005, Plaintiff, through its employees performed the necessary work on the vehicle, including removing the front bumper cover, installing a new bumper cover and painting the installed parts. 10. Plaintiff produced a written, itemized final estimate for the repairs on or about March 10, 2005, a copy of which is attached hereto as Exhibit A. 11. Defendant retrieved his vehicle and delivered a check number 733 in the amount of $753.55 to the Plaintiff for the itemized repairs, a copy of which is attached hereto as Exhibit B. 12. Upon his inspection of the vehicle, Defendant notified L. Lance Bonsall, the president of Plaintiff Corporation (hereinafter "Bonsall"), that he believed the repairs had not been fully completed. 13. Bonsall re-inspected the vehicle and reviewed the work which had been completed which was consistent with the estimate and invoice provided. 14. Bonsall informed Defendant that any additional work that Defendant requested would require additional parts to be installed, at the cost of $99.38. 15. Bonsall likewise informed Defendant that the parts could be ordered and that Defendant would be contacted when the parts arrived. 16. Defendant agreed to have Plaintiff complete the additional repairs and to pay for the additional repairs and then left Plaintiff's business with his vehicle. 17. On or about March 14, 2005, an employee of Plaintiff attempted to contact Defendant by leaving a message on his cellular telephone to inform him that the parts had arrived for his vehicle and that he would need to deliver his vehicle and a check for the remaining sum of $99.38. 18. On or about March 17, 2005, Plaintiff learned through its bank that Defendant's original check for $753.55 had not cleared as the result of a stop payment order placed by Defendant. 19. Defendant had not contacted Plaintiff whatsoever after he had retrieved his vehicle on March 11, 2005. 20. To date Defendant has not remitted payment to Plaintiff for the work previously done on Defendant's car. 21. Plaintiff therefore alleges all damages cognizable under Pennsylvania law against Defendant and claim is made therefore, including compensatory damages; lost earnings; lost profits; restoration of property, rescission; special damages; attorney's fees; cost of suit; and, if appropriate, exemplary, punitive damages. COUNTI BREACH OF CONTRACT 22. Plaintiff incorporates herein by reference the allegations contained in paragraphs 1 through 21, above, as though the same were set forth herein at length. 23. On or about January 27, 2005, Defendant entered into a contract for repairs to his vehicle. 24. On or about March 10, 2005, Defendant received his vehicle from Plaintiff work completed as requested and as billed. 25. The vehicle was released to Defendant upon his presentment of his check for $753.55. 26. When Defendant stopped payment on the check he was in breach of the contract he had with Plaintiff. 27. Plaintiff has not received compensation for the work performed or payment for the parts purchased and installed on Defendant's vehicle. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of Seven Hundred and Fifty--Three Dollars and Fifty-Five cents, ($753.55), plus the costs of this action, interest and delay damages, and any additional relief as the Court may deem appropriate. COUNT II UNJUST ENRICHMENT 28. Plaintiff incorporates herein by reference the allegations contained in paragraphs 1 through 27, above, as though same were set forth herein at length. 29. On or about April 21, 2004, Plaintiff and Defendant reached a contractual agreement whereupon Defendant would receive certain livestock from Plaintiffs and Plaintiff would receive the sum of $9,940.00 from Defendant. 30. On or about March 11, 2005, Defendant received the parts and labor Plaintiff, and while Plaintiff has received a check from Defendant in the agreed upon amount, a stop payment order was initiated by Defendant and, thus Plaintiff was not paid for the property tendered to Defendant. 31. Plaintiff, to this date, has received neither payment nor his property returned from Defendant. 32. Defendant, by receiving the goods from Plaintiff, without presenting payment therefore, has been unjustly enriched. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of Seven Hundred and Fift}-Three Dollars and Fifty-Five cents, ($753.55), plus the costs of this action, interest and delay damages, and any additional relief as the Court may deem appropriate. Respectfidly submitted, Dated: 12 c , 4a, 13 , 2005 BY: e- l L. Lance Bonsall, President THOMAS E. BROWN, INC. 4700 Old Gettysburg Road Mechanicsburg, PA 17055 (717) 761-3679 VERIFICATION I, the undersigned, hereby verify that I am the plaintiff in this action and that the facts stated in the above complaint 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. §4904, relating to unworn falsification to authorities. crmLe r / 3 , 2005 L. Lance Bonsall President Thomas E. Brown, Inc. ?.. ?', ? a ?? Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor S' - S'L2 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573